Political Reviews

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0HODQHVLDLQ5HYLHZ,VVXHVDQG(YHQWV david chappell, jon fraenkel, solomon kantha, muridan s widjojo

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Fiji continuously since the abrogation of the constitution in April 2009. The In , 2012 was a year of raised and announcement was welcomed by local then repeatedly dashed expectations. civil society organizations as well as In January, brief euphoria greeted the by the United Nations, the Common- dropping of public emergency regula- wealth, Australia, and New Zealand. tions, but stiff controls were promptly Yet, within days, a new Public Order reinstated several days later. In March, (Amendment) Decree 2012 had been hopes for a relatively smooth restora- introduced that revived many of the tion of the rule of law and reason- key provisions of martial law, includ- ably free elections before September ing police powers to prohibit meet- 2014 were greatly encouraged both at ings, impose travel bans, and under- home and abroad when Yash Ghai—a take house arrests, as well as military former United Nations (UN) envoy powers to assume the roles of police to Cambodia—was appointed by the and prison officers (Fiji government interim government to head the sched- 2012a). This was the first of many uled Fiji Constitution Commission incidents in 2012 in which the interim (fcc). Yet by the year’s end, military government appeared nonchalant commander and Prime Minister Frank about its own propaganda gains and Bainimarama had fallen out with Yash reluctant to capitalize on any potential Ghai and had declared the govern- for re-legitimization. ment’s intention to extensively rewrite Nevertheless, the security situ- the fcc’s draft constitution and to ation remained calm throughout avoid any public consultation beyond the year. Open opposition to the that of a handpicked Constituent planned Namosi copper mine, involv- Assembly. Soon, plans for the intended ing Australian company Newcrest Constituent Assembly were also and two Japanese firms, subsided scrapped. Throughout 2012, author- after Bainimarama himself assumed ity to shape Fiji’s future constitutional responsibility for negotiations between arrangements remained continually landowners and mining interests and contested. Having destroyed most of put the project on hold (FijiLive, the institutions associated with the 14 Jan 2012). In September, there precoup order, by the end of 2012 the was some resumption of exploratory government was busily dismantling activity (FijiLive, 18 Sept 2013), the processes it had itself put in place but care was taken to avoid again to construct a new order. inflaming landowner protest. Mere In his 2012 New Year’s address, Samisoni, a former parliamentarian Bainimarama announced that the in the deposed Soqosoqo Duavata public emergency regulations would ni Lewenivanua (sdl) government, be dropped (Bainimarama 2012). was arrested in January and charged Those regulations had been in place together with three others for inciting

370 political reviews ‡ melanesia 371 violence, but all were soon released. the industry was still booming. Ironi- In March, another sdl member of cally, Australian tourist arrivals had Parliament—the former minister of kept Fiji’s economy afloat throughout education, Rewa paramount chief Ro the years after the 2006 coup, while —spoke out against Canberra’s sanctions had sought to Bainima rama’s abolition of the Great sink the Bainimarama regime. Council of Chiefs and called for UN The chronic decline of the sugar intervention to protect indigenous industry continued. Industry Perma- rights (rnzi, 16 Mar 2012). nent Secretary Lieutenant Colonel Otherwise, public dissent remained Manasa Vaniqi pointed to reduced Fiji subdued through 2012. The govern- Sugar Corporation debt levels since ment’s opponents were mostly nursing the government took over the industry their wounds and biding their time in 2010, but at 1.6 million tonnes, ahead of the scheduled 2014 elections. output in 2012 was half its 2006 level Many had migrated overseas. The cen- (Fiji Times, 7 Nov 2012). Accord- tral focus of anti-Bainimarama activity ing to the International Monetary was by now firmly in cyberspace, Fund, the industry now comprises where participants had an anonymity only 2 percent of Fiji’s gross domestic that encouraged abuse and ineffective product (imf 2012, 10). Sugar’s share rage, though here too activity quieted of formal employment remains higher, over 2012. Others focused less on the but the still regularly quoted figure of polarization at the time of the coup 200,000 people (close to a quarter of six years earlier and more on the fact Fiji’s population) being largely reliant that an ethnic Fijian leader, backed by on cane farming or milling is now a a predominantly indigenous military, great exaggeration. Figures released in was finally in charge of Fiji for the 2012 by the Fiji Bureau of Statistics long run, unlike after the 1987 and indicated that gold production contin- 2000 coups when military rulers had ued to increase through 2011, buoyed felt pressured to hand control quickly also by higher international prices. back to civilian authorities. There was no sign of the bottled min- Economically, Fiji’s 2011 recovery eral water industry slowing produc- from the slowdown of 2007–2010 tion in response to the 2010 increase weakened slightly in 2012. The in export duties. Garment exports Asian Development Bank (adb) and remained flat and fisheries exports the International Monetary Fund stagnated through 2011 (fbs 2012a). (imf) estimated economic growth at Data released from the 2008–2009 around 2 percent in 2011, but both Household Income Expenditure Sur- anticipated a slowdown in 2012 (adb vey suggest that 31 percent of Fiji’s 2012; imf 2012). The economy was population is living in poverty, with awash with liquidity, but investment hardship levels particularly high in remained low due to fears about rural areas (fbs 2012b). the political situation and constant Internationally, 2012 was a year of changes in regulations. Visitor arrivals busy diplomacy for Fiji, triggered in in 2012 were slightly down from the part by broader geopolitical realign- previous year, but at around 650,000 ments. In August, United States (US) 372 the contemporary pacific ‡ 25:2 (2013)

Secretary of State Hillary Clinton and South Ossetia. Georgia responded touched down in Rarotonga, Cook by sending 200 notebook computers Islands, for the Pacific Islands Forum for Fiji schools in the hope that, as summit, a further sign of the enhanced Georgian Deputy Foreign Minister US attention now being given to that Davit Jalaghania put it, Fiji would annual event. Otherwise, President “remain loyal to international prin- Barack Obama’s “pivot” or “rebal- ciples” (Lomsadze 2012). Over the ancing” toward the Asia-Pacific has 2011–2012 period, Fiji opened mis- meant little for the Pacific Island sions in the United Arab Emirates, states, except for a new United States South Africa, South Korea, Brazil, and Agency for International Development . In September, Fiji’s Per- (usaid) office originally planned for manent Representative at the United Suva but then relocated to the Papua Nations Peter Thomson was elected to New Guinea capital, . chair the G77, a UN body represent- By contrast, Beijing’s soft loans have ing 130 developing nations, drawing enabled Chinese firms to bid for con- protests from the International Trade struction of hydroelectric dams, roads, Union Confederation (abc, 12 Oct and low- and medium-cost housing 2012). In November, Bainimarama in Fiji, as well as other infrastructure was selected to chair the London- projects. Once a foothold is estab- based International Sugar Organiza- lished, those firms are well placed to tion, an industry body representing make other acquisitions, as with Xinfa over eighty sugar-producing countries. Aurum Exploration’s bauxite venture Overseas diplomacy regularly featured in Bua on Vanua Levu, which com- persuasion about the righteousness menced shipments in June (Fiji Times, of Fiji’s domestic reform agenda and 10 Oct 2012). For China, Obama’s assurances that Fiji was following its thinly veiled China-containment policy much-advertised roadmap toward emphasizes the necessity of courting elections in 2014. allies, no matter how small or remote. Meanwhile, at home the Bainima- In September, Wu Bangguo, the chair rama government ruthlessly pursued of the National People’s Congress its opponents, often on highly person- Standing Committee, touched down alized issues. In August, deposed Prime in Fiji. He saluted policies of noninter- Minister Laisenia Qarase was sent to ference, encouraged a “Look North” prison for a year on nine charges of policy, and criticized the “bullying of corruption, an action that one former big region strong countries over the senior military officer and onetime ally small or weak countries” (China Daily of Bainimarama said had always been 2012; Wu Bangguo 2012). central to the military commander’s Other international players flirted objectives (Tevita Mara, quoted on with Fiji in 2012, and vice versa. Rus- rnzi, 3 Aug 2012). Oddly, the con- sian Foreign Minister Sergei Lavrov victions were not for offenses com- visited Fiji in April, after trips to mitted during Qarase’s period as head Nauru and Tuvalu aimed at encour- of government (2000–2006) but for aging recognition of the breakaway minor misdemeanors a decade earlier Russian puppet states of Abkhazia when he was director of Fijian Hold- political reviews ‡ melanesia 373 ings Ltd (fhl), an indigenous com- In March, Bainimarama set out pany that thrived under the post-1987 plans for deliberations on the new coup affirmative-action policies for constitution, which were to be pre- ethnic . Qarase had applied for mised on several “nonnegotiable” but fhl shares for three Fijian companies “universally recognised and aspired but had failed to declare his personal to” principles: these were “a common interest in the companies (FijiVillage, and equal citizenry”; “secular state”; 3 Aug 2012). His sentence was twelve “removal of systemic corruption”; months, to be served at Suva’s Koro- “independent judiciary”; “elimina- vou prison. Around 300 supporters tion of discrimination”; “good and turned up outside the court to mourn transparent governance”; “social the incarceration of their former justice”; “one person, one vote, one leader. Charges against Fiji’s other value”; “elimination of ethnic vot- major precoup party leader, Mahendra ing”; “proportional representation”; Chaudhry, were also pursued in the and a “voting age of 18.” Most of courts during 2012 (abc Pacific Beat, these could easily have been embraced 7 July 2012). In addition to prison by any of Fiji’s postindependence sentences, by the end of the year there governments, with the exception that were clear signs that Attorney General ethnic Fijian governments after 1987 Aiyaz Sayed-Khaiyum was actively flirted with ideas of a Christian state seeking other methods of harassing and supported retention of colonially both of the main rival political parties bequeathed communal representation as they geared up for the scheduled (whereby each community voted on elections. separate electoral rolls). The idea of a In theory, the trials of Qarase and military government setting any “non- Chaudhry were free from government negotiable” provisions was rejected by control. Yet, as indicated in a report many, but aside from these two issues titled “Fiji: The Rule of Law Lost” the principles themselves were fairly from the Law Society Charity in the uncontroversial. In comparison with United Kingdom (2012), Fiji’s courts the deliberations of the 2007–2008 were plagued by political interference, National Council for Building a Bet- particularly at the behest of Attorney ter Fiji (see Fraenkel 2009), the 2012 General Aiyaz Sayed-Khaiyum. In July, constitutional review was to generate on his departure from Fiji after serving much more broad-ranging participa- two years as resident justice of appeal, tion. William Marshall QC sent a petition Optimism that the review would to Bainimarama complaining about lead to the restoration of democ- “progressive inroads into the indepen- racy was greatly increased by the dence of the judiciary which process appointment of Professor Yash Pal has culminated since mid-April 2012 Ghai to chair the Fiji Constitution in a judiciary which at all levels now Commission (fcc). Ghai had taught does what it perceives as required Fiji’s Attorney General Aiyaz Sayed- of it by the Executive” and urging Khaiyum in Hong Kong and had the dismissal of the attorney general worked on both the Kenyan and (Marshall 2012). Nepalese constitutions. Aside from 374 the contemporary pacific ‡ 25:2 (2013)

Ghai-nominee South African lawyer critical of the 1999–2006 alternative Christina Murray, the other three vote system, despite this being the members of the fcc officially sworn central “integrationist” instrument into office on 25 July were much more of the 1997 constitution. They also closely associated with the Bainima- disagreed with the post-1997 power- rama regime: these were community sharing experiments, pointing to the activist Penelope Moore, deposed unlikelihood of robust coalitions being minister in the 1987 Timoci Bavadra forged between racially demarcated government and Bainimarama loyal- groupings. Their 2008 article ended by ist Satendra Nandan, and former noting Bainimarama’s integrationist education minister Taufa Vakatale. objective and stating not unsympathet- As an interim government–appointed ically: “If this is achieved, the pendu- body with so many known regime lum will have swung to the opposite sympathizers, the commission inevita- extreme from past preoccupations bly faced challenges to its credibility. with race. And Fiji’s fortunes may The legal setting was also uncertain. then tell us something more about the Previous court rulings in March 2001 relative merits of consociation and and April 2009 encouraged the view integration” (Ghai and Cottrell 2008, that the 1997 constitution might still 665–666, 669). be deemed legally operative or resur- At the time of that writing, Ghai rected, thus obviating the need for was obviously unaware that he would any new constitutional review. Ghai himself become the key instrument of accused those raising such criticisms the Fiji government’s integrationist of turning a “blind eye to reality”: orientation in 2012. With a modernist “We have a situation where there has military government in office, the con- been military rule for a while and the straints that had prevented the 1995– only way it seemed to me to return 1996 constitutional commissioners to a democratic system is to engage from dismantling corporate represen- the whole country in a process of tation were now gone (otherwise, the dialogue, consultations, finding some ideological differences were not so consensus” (rnzi, 13 Mar 2012). large). In other respects, however, con- Professor Ghai was no stranger to ditions were much more inauspicious, Fiji politics. He had played an influ- particularly with regard to continued ential role in the establishment of the censorship and restrictions on public Citizens’ Constitutional Forum, a meetings, but also because the com- local nongovernmental organization, mission members themselves had not in the wake of the 1987 coup. He been selected by any elected authority. and his wife, Jill Cottrell, had written Early on, Yash Ghai made it clear that extensively on Fiji, urging an “integra- some concessions would be neces- tionist” perspective aimed at bridging sary from the interim government, divisions between ethnic communi- reminding them that he had walked ties while rejecting “consociational” away from the Kenyan Constitutional approaches that treat “communities as Review Commission in 2004. corporate entities” but seek to engi- In July, the Bainimarama govern- neer top-level compromise. They were ment issued two decrees, one setting political reviews ‡ melanesia 375 out the functions and powers of the requirement that far-reaching immu- fcc and the other establishing the nity provisions be entrenched in the intended Constituent Assembly (Fiji new constitution, urging instead that Government 2012b, 2012c). The first, deliberation on these issues become with Yash Ghai’s oversight, included part of the constitution-making pro- provisions for a suspension of the need cess. Third, it indicated concern about for meeting permits under the Pub- continuing “controls over the media lic Order Act during the fcc delib- and wide-reaching powers of the secu- erations. The second, without Ghai’s rity forces,” claiming that these were oversight, set out that the Constituent inhibiting the constitution-making Assembly scheduled to deliberate on process (fcc 2012a). Such willingness the fcc draft would comprise mem- to criticize the government served to bers, and a chair, appointed by the enhance the credibility of the com- prime minister to “reflect the diver- mission both within Fiji and abroad. sity of the people of Fiji,” includ- Overseas money—including support ing government, registered political from Australia and New Zealand— parties, faith-based organizations, began to flow generously to fund the representatives of employers, mem- activities of the fcc secretariat. bers of the business community, trade Relations soured badly between unions, farmers and members of rural the fcc and the interim government communities, Republic of Fiji Mili- during the second half of 2012. In tary Forces, national organizations, August, Bainimarama accused Ghai of women, persons with disabilities, meddling in Fiji politics and criticized youth, pensioners, and “other Fijian- the fcc for providing a “running registered representative civil society commentary” on its deliberations groups.” It also made provision for and giving “preferential treatment vetting the draft after the delibera- to certain segments or individuals in tions of the Constituent Assembly by society who they meet privately” (abc, a five-member tribunal appointed by 16 Aug 2012). As the public hearings the chief justice. Both decrees set out and submissions gathered steam, the requirements for far-reaching immuni- fcc processes captured the public ties, covering involvement in all three imagination. In total, the commis- of Fiji’s coups, including the ethno- sion was to receive over 7,000 writ- nationalist coups of 1987 and 2000. ten submissions—attracting a greater A day after the release of those interest than any of Fiji’s many previ- decrees, the fcc issued a press release ous constitutional public dialogues expressing its concern on three key (although the 1995–1996 submissions points. First, it pointed out that the and hearings were also extensive). decree gave the prime minister “full Many of the submissions to the control over the size and composi- fcc applauded the 2008 People’s tion of the Constituent Assembly” Charter, which by 2012 had become and as a result that “essential prin- the primary symbol of support for ciples of democracy are ignored and the Bainimarama government. Some the independence of the assembly is submissions were hostile to political negated.” Second, it contested the firm parties, including those by Krishna 376 the contemporary pacific ‡ 25:2 (2013)

Datt, a former Fiji Labour Party (flp) minority community greater confi- minister in the deposed 2006 govern- dence about their own future in Fiji” ment (Datt 2012), and Jale Baba, the (flp 2012). former campaign director of Qarase’s The sdl submission challenged the sdl party (Baba 2012). There were Bainimarama government’s “bigger proposals for an elected president, agenda to plunder Fijian resources by most of which were oblivious to the weakening the apex of Fijian institu- ramifications of semi-presidential sys- tions.” Its recommendations were also tems with both powerful prime minis- narrow and communal in focus. In ters and presidents (the Pacific Islands submissions before the fcc in Suva have no experience of such arrange- and Nasinu in August, party repre- ments). The chiefs of Rewa strongly sentatives urged that Fiji be declared a criticized presidential arrangements as Christian state, that same-sex marriage facilitating dominance by a “singular be outlawed, and that some communal or individual subjective authority” seats be retained (FijiVillage, 15 Aug in a submission that otherwise con- 2012). In a more careful submission veyed mainly the “feeling of insecure in October, the sdl reiterated but also hopelessness, accompanied by great elaborated on those demands. Fiji was difficulties and anguish” of indig- urged to adopt a New Zealand–style enous Fijians in the Rewa Delta (Kepa mixed-member system, with 46 open 2012). constituencies and 25 communal The two largest parties in the constituencies. The latter were to be precoup parliament—the largely Fiji divided into 14 for ethnic Fijians, 9 for Indian–backed flp and the largely Indians, and 2 for the others (sdl indigenous Fijian-backed sdl—were 2012), a distribution more advanta- highly critical of the constitutional geous to the indigenous community review process. Both lodged submis- than that urged by the flp. The com- sions that showed how ill equipped munal constituencies were to use the they were to set out any broad alter- list-proportional representation sys- native for the nation. The flp urged tem, whereas the 46 open seats would a reversion to the original proposals be decided on a first-past-the-post of the 1995–1996 Reeves Commis- basis. More logically, this would surely sion, including even the abandoned have been the other way around. multi-member alternative vote sys- In the Fiji context, the call for a tem and 26 communal seats (10 for Christian state was hugely contro- Indo-Fijians, 12 for ethnic Fijians, 1 versial. The ethno-nationalist agenda for , and 3 for the “others”). after 1987 had been to urge the decla- Yet this entailed a share of seats well ration of a unitary state religion, often in excess of the Fiji Indian proportion encouraged by the militant wing of of the population, around 35 percent the Methodist Church (Garrett 1990). by 2012. The submission justified this Since the 1987 coup had ousted a by claims that “the Indo-Fijians can largely Fiji Indian–backed govern- rightly claim to be the most aggrieved ment, such calls were viewed by many community” and because the “sug- inside Fiji as aimed at further eroding gested distribution would give the Indian rights. By contrast, as Yash political reviews ‡ melanesia 377

Ghai rightly pointed out, a “secular as highly sensitive to the concerns of state” did not mean an irreligious Fiji’s Hindus and Muslims. In July, he state but rather a separation of church had expressed the view —not shared and state and the freedom to practice by many other observers—that ethnic whatever religion one chose (rnzi, frictions were waning in Fiji: “We are 8 Aug 2012). Data released in 2012 still a fractured society although I also by the Fiji Bureau of Statistics from have to say that ironically, inter-racial the 2007 Census indicated that Fiji’s relations appear to be better than they population is 27.9 percent Hindu, ever were” (Fiji Times, 27 July 2012). 6.3 percent Muslim, and 64.4 percent The attack on the fcc over Christian (fbs 2012c). Nearly all Madraiwiwi’s appointment—one of Hindus and Muslims are Fiji Indian, many red herrings that ostensibly and 99 percent of ethnic Fijians are drove Fiji’s political processes over Christian, helping to explain why 2012—was to provide the pretext fixing singular religious labels on the for a thoroughgoing reworking of state is so inflammatory. Changes in the scheduled constitutional review proportions are also hugely signifi- process. On 31 October, a new decree cant. The equivalent figures from the canceled all public consultation on the 1996 census were respectively 33.7 fcc draft, removed the fcc’s pow- percent, 7 percent, and 58 percent. ers to detail necessary changes in law Thus, in tandem with the increasing associated with the new constitution, Fijian population share, the country and demanded that the fcc detail its is becoming more strongly Christian. income and expenditures (Fiji Govern- (Interestingly, the Methodist share ment 2012d). Yash Ghai responded by among Christians has fallen signifi- telling reporters that the government cantly, from 62.4 percent in 1996 to had lost its enthusiasm for the consti- 53.7 percent in 2007.) tutional review process (rnzi, 6 Nov In October, Bainimarama 2012). He revealed that there had been responded angrily to the fcc appoint- “massive interference” by the govern- ing former Vice President and Bau ment in the work of the commission chief Joni Madraiwiwi as a (abc Pacific Beat, 6 Nov 2012). consultant. The interim prime minister The Republic of Fiji Military alleged that Ratu Joni was party to a Forces (rfmf) belatedly made its own submission to the fcc urging a Chris- submission to the fcc in December. tian state, contrary to the “nonnego- This recounted at length a heroic tiable principles” set out in March history of the rfmf’s defeat of the that required “a secular state,” and ethno-nationalist uprisings of 2000 that he had done so while serving as and conveyed some degree of bitter- an fcc consultant (Fiji Times, 2 Nov ness against the entire civilian politi- 2012). In fact, Ratu Joni had only par- cal order: “We [the rfmf] have been ticipated in a delegation as a Bau chief collectively marginalized, sanctioned and had not endorsed the contents and ‘kicked in the gut’ one too many of that submission. Ratu Joni is well times.” The submission was critical of known in Fiji as liberal by political the “West Minster” [sic] model and persuasion and, although indigenous, said that the alternative vote system 378 the contemporary pacific ‡ 25:2 (2013) had “given all in Fiji nightmares.” It electoral specialist Kåre Vollan, this urged a 46-seat unicameral parliament was to be facilitated through a mixed- and a president selected by Parlia- member system, with 60 members of ment. The key passages focused on Parliament selected from four con- the guiding role of the armed forces stituencies and another 11 “top up” to ensure “good governance.” It said members also to be selected by closed- that there was “an enveloping com- list proportional representation. The fort that the Forces exist to deal with objective was to achieve a very exact both the Internal Security situation proportionality between seats won by, and external threats.” Echoing battles and votes cast for, political parties, but from the precoup era, the submission the cost was considerable complex- insisted on the retention of a provision ity. Compensatory mixed-member contained in the 1990 constitution systems are better suited to usage of giving the rfmf “the responsibility. . . two different types of voting system to ensure at all times the security, (eg, where a list component adjusts defence and well being of Fiji and its for the nationwide disproportionality people” (rfmf 2012). The reference to generated by a single member district the “well-being” of Fiji’s people could, plurality system, as in Germany and of course, mean responsibility for just New Zealand). about everything. The rfmf envisaged The integrationist centerpiece of itself as having huge powers, but for the constitution was to be a National usage in a “guardian” role rather than People’s Assembly, with powers to through assuming direct responsibility elect the . This was for government. to meet annually and bring together In December, Ghai handed over the politicians, local government rep- fcc’s 199-page report to the president resentatives, civil society organiza- (fcc 2012b). The draft contained tions (including the Great Council all the nonnegotiable provisions set of Chiefs), and a group of ordinary out in the government’s July decrees, citizens chosen by lot to deliberate including the provisions for immunity. on the affairs of the nation. There It entailed Fiji returning to a more were a very extensive bill of rights, strictly Westminster constitution, but provisions for a consultative forum with some unusual features. There on land matters, and requirements were no provisions for a second cham- for legislation on political parties ber. Nor were the 1997 constitution’s and local government. Most con- multiparty cabinet power-sharing pro- troversial were the transitional visions to be restored. A 71-member provisions, which would have Parliament, larger than that favored entailed Bainimarama and his cabinet by the interim government, was to surrendering power to a Transitional be elected for a four-year term by a Advisory Council prior to the sched- closed-list, proportional-representation uled elections. All military officers system, with provisions for a French- (bar the commander) would have had style “Law on Parity” requiring par- to resign their commissions if they ties to alternate men and women on chose to continue as public servants their lists. On the advice of Norwegian (fcc 2012b). political reviews ‡ melanesia 379

The government felt itself under dent said, would lead to “financial no obligation to accept any of these and economic catastrophe and ruin.” recommendations. Land Force Com- Nailatikau had a particularly negative mander Mosese Tuitoga accused Ghai assessment of the proposed National of ignoring the rfmf (FijiLive, 3 Jan People’s Assembly, which was to have 2013). In an effort to contain publica- been the body charged with elect- tion of the fcc draft, police seized 600 ing Fiji’s future presidents. It was copies in December and even set fire “anathema to democratic representa- to some shredded galley proofs (Ghai tion that the Ghai Draft allows for, quoted on abc Pacific Beat, 28 Dec at the very least, a 144-member body 2012). After this incident, Ghai of unelected people deciding on key described the “position of the Attor- issues pertaining to the people of Fiji” ney General” as “extraordinary, and (Nailatikau 2013). hard to understand.” Now outside This was an extraordinary out- Fiji, he released the document online burst, entailing condemnation of the (Ghai 2013). key instrument of the government’s The approach of seeking to build own strategy for re-democratization. popular momentum behind the The logic was also hard to figure: the constitutional review had temporar- government controlled the appoint- ily reinvigorated Fiji’s beleaguered ments to the Constituent Assembly, political scene. Indeed, the rfmf’s which according to the July decrees own submission said that the fcc could itself have amended the draft. review had “brought about a sense of The chief justice also had a final belonging culminating in a national say, through a five-member tribu- pride of want and togetherness which nal. Clearly, the government saw we must continue to foster” (rfmf risks associated with the popular 2012). Yet for Bainimarama, Aiyaz momentum that had built up around Sayed-Khaiyum, and a few senior the fcc and wanted to firmly reas- military officers, this had also proved sert control. Yet picking this option hugely challenging to their now well- meant that Bainimarama had blown entrenched authority. In response, his opportunity to preside over the as in the wake of the 2009 Court of creation of a legitimate and durable Appeal judgment pronouncing the new political order. The attorney government illegal, they again resorted general’s office would rewrite and to using the president as a mouthpiece revise the draft in 2013, removing the for a dramatic reorientation. National People’s Assembly, further On 10 January 2013, Fiji President fortifying immunities and amnesties, Ratu addressed the taking out all concessions to hostile nation, describing the Ghai draft as forces, and setting in place cast-iron backward looking and claiming that methods for the commander and his the commission “has unfortunately chief lawmaker to closely supervise perhaps succumbed to the whims the transition—if there was to be any of the few who have an interest in meaningful transition at all. perpetuating divisions within our jon fraenkel society.” To adopt the draft, the presi- 380 the contemporary pacific ‡ 25:2 (2013)

References HIES/13.1%20Poverty%20numbers.pdf [accessed 25 March 2013] abc, Australian Broadcasting Corporation. http://www.abc.net.au/ ———. 2012c. Population by Religion and Province of Enumeration, Fiji: 2007 abc Pacific Beat. Radio Australia, abc Census. http://www.statsfiji.gov.fj/Key International. http://www.radioaustralia %20Stats/Population/1.10Religion2007 .net.au/international/radio/program/ .pdf [accessed 25 March 2013] pacific-beat fcc, Fiji Constitution Commission. adb, Asian Development Bank. 2012. 2012a. Press statement. 19 July. Pacific Economic Monitor. Dec. Available ———. 2012b. Draft for Proposed Con- from http://www.adb.org/publications/ stitution of Fiji, . 21 Dec. Posted on series/pacific-economic-monitor http://www.fijileaks.com/uploads/1/3/7/5/ Baba, Jale O. 2012. Submission to 13759434/thursday_draft_constitution_of Constituency Commission. Posted on _fiji_one_1112-1.pdf [accessed 25 March http://fijiconstitution.weebly.com/ 2013] uploads/1/2/4/6/12466522/j._o._baba_s ———. 2012c. Draft Constitution: _constitution_submission.pdf [accessed The Explanatory Report. Dec. Posted 25 March 2013] on http://www.fijileaks.com/uploads/ Bainimarama, Frank. 2012. 2012 New 1/3/7/5/13759434/thursday_the Year’s Message by Prime Minister _explanatory_report_two-4.pdf [accessed Commodore Voreqe Bainimarama. 1 Jan. 25 March 2013] http://fiji.gov.fj/index.php?option=com Fiji Government. 2012a. Public Order _content&view=article&id=5380:2012 (Amendment) Decree 2012, No 1. Repub- -new-years-message-by-prime-minister lic of Fiji Islands Government Gazette, -commodore-voreqe-bainimarama&catid 5 Jan. Available from Fiji Government =50:speeches&Itemid=168 [accessed website: http://www.fiji.gov.fj/index.php 25 March 2013] ?option=com_docman&task=cat_view China Daily. 2012. Wu’s Visit Enhances &gid=123&Itemid=158&limitstart=75 Sino-Fijian Relations. 22 Sept. http://www [accessed 25 March 2013] .chinadaily.com.cn/world/2012-09/22/ ———. 2012b. Fiji Constitutional Process content_15775183.htm (Constituent Assembly and Adoption Datt, Krishna. 2012. Submission for of Constitution) Decree 2012, No 58. the Fiji Constitution. Posted on the Fiji Government of Fiji Gazette, 18 July. Constitution Commission website 15 Oct ———. 2012c. Fiji Constitutional Process but no longer available there. Copy in (Constitution Commission) Decree 2012, author’s files. No 57. Government of Fiji Gazette, 18 fbs, Fiji Bureau of Statistics. 2012a. July. Overseas Merchandise Trade: Principal ———. 2012d. Fiji Constitutional Process Domestic Exports by Commodities. (Constitution Commission) (Amendment) http://www.statsfiji.gov.fj/Key%20Stats/ Decree 2012, No 64. Government of Fiji Foreign%20Trade/7.5_Principal Gazette, 31 Oct. %20Domestic%20Exports.pdf ———. 2012e. Fiji Constitutional Process [accessed 25 March 2013] (Constituent Assembly and Adoption of ———. 2012b. Household Income and Constitution) (Amendment) Decree 2012, Expenditure: Poverty Indicators. No 80. Government of Fiji Gazette, http://www.statsfiji.gov.fj/Key%20Stats/ 24 Dec. political reviews ‡ melanesia 381

———. 2013. Fiji Constitutional Process tation. imf Country Report 12/44. Feb. (Constituent Assembly) Decree 2013, No http://www.imf.org/external/pubs/ft/ 1. Government of Fiji Gazette, 10 Jan. scr/2012/cr1244.pdf [accessed 25 March 2013] FijiLive. Online news service. http://www.fijilive.com/ Kepa, Ro Teimumu. 2012. Submission of the Province and the High Chiefs of Fiji Sun. Daily newspaper, Suva. Online at Rewa to the Fiji Constitution Commission. http://www.sun.com.fj/ Lomanikoro, Rewa, 26 July. Posted on Fiji Times. Daily newspaper, Suva. http://fijiconstitution.weebly.com/uploads/ Online at http://www.fijitimes.com/ 1/2/4/6/12466522/ro.pdf [accessed 25 March 2013] FijiVillage. Online news service. http://www.fijivillage.com/ Law Society Charity. 2012. Fiji: The Rule of Law Lost. Report, Jan. http:// flp, Fiji Labour Party. 2012. flp Submis- www.ibanet.org/Document/Default. sion to the Fiji Constitution Commission. aspx?DocumentUid=F9CF0D75-3761- 15 Oct. Posted on http://fijiconstitution. 41E3-AB4A-3EBD48F33485 [accessed 26 weebly.com/uploads/1/2/4/6/12466522/flp March 2013] _submission_to_the_fiji_constitution _commission.pdf [accessed 25 March Lomsadze, Giorgi. 2012. Why Russia and 2013] Georgia Are Fighting over Fiji. The Atlan- tic, 31 Jan. http://www.theatlantic.com/ Fraenkel, Jon. 2009. Melanesia in international/archive/2012/01/why-russia- Review: Issues and Events, 2008: Fiji. and-georgia-are-fighting-over-fiji/252277/ The Contemporary Pacific 21:337–352. [accessed 25 March 2013] Garrett, John. 1990. Uncertain Sequel: Marshall, William R. 2012. The Petition of The Social and Religious Scene in Fiji since William Roberts Marshall, QC. SC Resident the Coups. The Contemporary Pacific Justice of Appeal in Fiji since 16th July 2:87–111. 2012. 21 June. Available from https://sites Ghai, Yash. 2013. The Authority of the .google.com/site/justicewilliammarshall/ Constitution Commission to Publish and Nailatikau, Ratu Epeli. 2013. The Presi- Disseminate the Draft Constitution and dent Ratu Epeli Nailatikau’s address on the Explanatory Report. 1 Jan. Statement Fiji’s Constitution and Constituent Assem- posted on http://www.fijileaks.com/ bly. Published in the Fiji Times, 10 Jan. uploads/1/3/7/5/13759434/the_powers _of_the_constitution_commission_to Republic of Fiji Military Forces. 2012. __publish_and_disseminate__the_draft The Republic of Fiji Military Forces _constitution_and_the_explanatory Submission to the Constitutional Commis- _report-2.pdf [accessed 25 March 2013] sion. Posted on http://www.fijileaks .com/uploads/1/3/7/5/13759434/rfmf Ghai, Yash, and Jill Cottrell. 2008. _constitution_submission-final.pdf A Tale of Three Constitutions: Ethnic- [accessed 25 March 2013] ity and Politics in Fiji. in Constitutional Design for Divided Societies: Integra- rnzi, Radio New Zealand International. tion or Accommodation? edited by Sujit http://www.rnzi.com Choudhry, 287–315. Oxford: Oxford sdl, Soqosoqo Duavata ni Lewenivanua. University Press. 2012. Submission to the Constitutional imf, International Monetary Fund. 2012. Commission. 13 Oct. Posted on Republic of Fiji:  Article IV Consul- http://www.fijileaks.com/uploads/1/3/7/5/ 382 the contemporary pacific ‡ 25:2 (2013)

13759434/new_corrected_complete_final territorial President Philippe Gomès’s _sdl_submission.pdf [accessed 25 March loyalist Calédonie Ensemble (ce, 2013] Caledonia Together) won both New Wu Bangguo. 2012. Statement by he Wu Caledonian deputy seats in Paris. In Bangguo at the Bilateral Meeting with regional relations, the ce objected to pm Bainimarama. 24 Sept. Posted on Fiji a visit to New Caledonia by Com- Government website: http://www.fiji.gov modore Voreqe Bainimarama of Fiji, .fj/index.php?option=com_content&view the head of the Melanesian Spearhead =article&id=6872:statement-by-he-wu Group, arguing that he has been a -bangguo-at-the-bilateral-meeting-with military dictator since his 2006 coup. -pm-bainimarama&catid=50:speeches& Labor unions remained active, as the Itemid=168 [accessed 25 March 2013] cost of living remained high while world nickel prices plummeted due to a slowdown in middle-class Asian demand for stainless steel. But French New Caledonia development aid continued to flow With two years left before a possible amid local concerns over lingering referendum on independence, as stipu- social and ethnic inequalities. lated in the Noumea Accord of 1998, Sarkozy had proclaimed to French local leaders struggled to position voters that he would strongly defend themselves for an “exit” from that the “eternal ” of Molière, transitional agreement. The provincial Napoleon, and Charles de Gaulle, elections of 2014 may decide whether but Hollande reminded listeners that a referendum will be held or perhaps Louis XVI lost his head to the guil- another accord will be negotiated. lotine during the French Revolution Fluctuations in metropolitan politics and it was the left’s turn to govern the have had a significant impact on New country. Hollande opposed auster- Caledonia, notably in 1958 (when ity budget cuts during the European nationalist Charles de Gaulle regained Union’s financial crisis and instead power) and 1981 (when Socialist Fran- wanted to raise taxes on the rich (bbc, çois Mitterrand became president). 20 April, 28 Sept 2012). Sarkozy had French presidential elections in May inherited the commitment of his prede- 2012 saw the fall of Gaullist Presi- cessor, Jacques Chirac, to the Noumea dent Nicholas Sarkozy after only one Accord, so transfers of self-governing term and the return to power of the powers to New Caledonia continued, Socialists for the first time since 1995, most recently in civil and commercial this time under François Hollande. law and civil security. But Sarkozy had Locally, the year-old alliance between also voiced his personal preference the loyalist Rassemblement-ump (or that the country should remain in the rump, tied to Sarkozy’s Union pour French republic, whereas Hollande un Mouvement Populaire) and the remained neutral and supported an pro-sovereignty Front de Libération open public debate among all New Nationale Kanak et Socialiste (flnks) Caledonians to decide their future suffered a setback in the June elec- status. Hollande and Sarkozy both tions to the French parliament. Former wanted to promote more competition political reviews ‡ melanesia 383 among importers who kept the cost a habitually high abstention rate in of living so high in New Caledonia, French legislative elections. Gomès but neither wanted to end the “index- attributed his success to his commit- ation” that paid French civil servants ment to a consensual solution to the and retirees almost twice what they Noumea Accord process and to his would earn in France (NC, 21 April opposition to Frogier’s change of 2012). In the second-round runoff, position in 2011 from regarding the Sarkozy won 63 percent of the ballots Kanaky flag as a terrorist symbol to in New Caledonia and 53 percent in having it raised alongside the French French Polynesia, but Hollande won tricolor. Gomès hoped to build “a little the French presidency; he also won nation within the big one [France]” by clear majorities in the two Kanak- bringing together all Caledonians for a ruled provinces of New Caledonia common destiny with a common flag, and in Wallis and Futuna (pir, 7 May not two that were once opposed. He 2012; NC, 23 April 2012). Hollande referred to South Africa, which had appointed Victorin Lurel of Guade- combined its rival flags under Nelson loupe as overseas minister, replac- Mandela’s post-apartheid regime (NC, ing a Gaullist predecessor, also from 14 June 2012). . The flnks praised Lurel The ce, although loyalist, had often as a fellow “islander,” while loyalists pursued centrist, social democratic said he knew nothing about the Pacific policies, sometimes in ad hoc concert (NC, 18 May 2012). with pro-independence parties. But In the June elections, the rump lost the surprise 2011 alliance between its long monopoly over local repre- the Rassemblement-ump and the sentation in Paris when Gomès and uc-flnks had displaced the ce from Sonia Lagarde of the ce won in the the territorial presidency and from second-round runoff. At first, it had key leadership posts in the Congress. looked as if the flnks might win the The ce had then waged a heated deputy seat for the interior of the main protest campaign against the two flags island, Grande Terre, because its two policy, and even many Rassemble- main parties, the Union Calédonienne ment supporters finally helped to (uc) and Palika (Parti de Libération elect Gomès deputy against Djaiwé. Kanak), ran on the same list for once. Gomès’s second-round victory in the After receiving a plurality in the first interior district revealed that loyalists, round of voting, Jean-Pierre Djaiwé including members of the right-wing of Palika was interviewed by the local National Front, could unite against newspaper before the second round, having a pro-independence deputy in as was Gomès, who came in second in Paris (the late Rock Pidjot of the uc the interior in the first round, hav- had last filled that role from 1964 to ing been mayor of La Foa for twenty 1986). Many residents were left with a years. Djaiwé was pleased that the feeling of repolarization in the coun- reunited flnks had clearly beaten try’s politics, just when consensual the Rassemblement in his district, but negotiations were needed to complete he said that his list had to mobilize the Noumea Accord process. Yet the Kanak voters in order to overcome ce’s dramatic comeback also showed 384 the contemporary pacific ‡ 25:2 (2013) that no one should be marginal- form of local citizenship. Given the ized in the current discussions about demographic near parity between future status, including Palika, a pro- an indigenous Kanak minority (45 independence party that the uc and percent) and migrants, negotiating the the union-affiliated Labor Party had exact legal boundary between enlarged partly displaced by allying with the autonomy (or association?) and full Rassemblement last year. sovereignty is a challenging and How would these May-June elec- rather technical task. Other key issues tion results affect New Caledonia? include continuing economic devel- The country is already “autonomous” opment aid and educational training from Paris, and each of its three financed by France and by nickel provinces have significant self-gov- exports and reducing the cost of living erning powers, leading some legal and the large income gap between scholars to call it a sui generis entity settler-dominated Noumea and the (ie, no term adequately describes its mostly Kanak rural interior and place in the overseas French political islands (NC, 9 May 2012). The South system), which in effect has a “fed- Province has the largest and most mul- eral” relationship with France. The tiethnic population, as well as most Noumea Accord specifies that certain of the jobs and squatter camps, so it administrative responsibilities should wants to revise the system of divid- be delegated to the country before a ing up territorial revenues, of which it possible referendum on whether the produces 75 percent but receives back so-called reserve powers still held by only half. But the flnks has argued France (such as defense and public that the North and Islands provinces security) should also come under need half for economic “rebalancing,” local control. Hollande, like Sarkozy including the opening of a new nickel before him, has promised that France mining and processing plant at Koni- will accompany New Caledonia in ambo, while the South already has its process of emancipation as far such a plant at Doniambo and another as local citizens desire. But loyalist almost completed at Goro. concerns over juvenile delinquency Kanak independence supporters among urban Kanak (who often live in at first took heart from the reshuf- squatter camps) and purported foreign fling of metropolitan political cards threats (eg, from China or “Anglo- because the French Socialists, their Saxon” neighbors or terrorists) make longtime allies, also took command of independence unappealing to them. the National Assembly in the legisla- The demography of New Caledonia tive elections. After Hollande won was radically altered by French- the presidency, Gerard Regnier of the orchestrated immigration during a UC said that the Socialist’s “vision of nickel mining boom in the 1960s and the emancipation of New Caledonia” 1970s that ensured a settler majority, would “reassure the Caledonians... and new migrants continue to arrive, to find the necessary consensus for though laws that restrict voting and the just application of the Noumea most job hiring to long-term residents Accord.” Michel Jorda of the local are now in place, thereby creating a said that Sarkozy’s political reviews ‡ melanesia 385 defeat after only one term of office in Congress and the Southern Prov- resulted from his divisive leadership, ince. In 2008, the ce split from the whereas Hollande’s determination to ae (now led by Harold Martin), and “respect the choice of Caledonians” in 2011, with rump and uc-flnks could help to overcome “this atmo- support, Martin replaced Gomès as sphere of fear that certain people territorial president. Now Gomès and propagate.” Gomès, however, said Lagarde of the ce want a reshuffling that the economic distress in Europe of portfolios in the territorial cabinet had pushed one-third of French met- and other commissions in order to ropolitan voters to cast their ballots reestablish the voice of the ce with “against the system.” That verdict was its expanded constituency (NC, 5 Sept a nod to the National Front in France, 2012). Frogier of the rump denounced who are also Gomès’s new allies such “radicalization” of local politics locally and complicate his former by the ce, which he claimed ran a centrism. Bianca Henin of the local “violent campaign that has awakened National Front called the doubling old demons” (pir, 26 June 2012). His of votes cast for her party since 2009 ally, President Martin of the ae-ump, “a sanction against the manipula- denounced street protests by the ce tions that have happened here with against the two flags for stirring up the [two] flags affair” (NC, 24 April “violence between communities” (NC, 2012). Although Gomès himself had 18 July 2012), yet other loyalists criti- sometimes tried to work with Palika cized the flnks for arousing Kanak but was pushed aside by the rump juvenile delinquency by speaking of and uc in 2011, the local newspaper independence and supporting two surmised that “the loyalist electorate flags. Frogier’s rump debated how to does not want anyone to discuss with reaffirm its traditional anti-indepen- the independence supporters except dence stand after the shaky alliance in a crisis [and] wishes a return to the with the uc-flnks and the Labor logic of [opposing] blocs” (NC, 18 June Party. Could loyalists reunite in a 2012). “republican pact,” as they had tempo- In fact, the anti-independence rarily done after the 2009 provincial Rassemblement, founded in the elections? The eighteen-month grace 1970s, has declined gradually since period instituted by Paris after several its partnership with the flnks in the local cabinet collapses in 2011 was Matignon (1988) and Noumea (1998) scheduled to end in October, possibly accords. Frogier’s gesture toward the allowing now-deputy Gomès to return uc-flnks last year of raising two flags to power (NC, 18 Aug 2012). was a political gamble reminiscent of The quest for a new flag and coun- his party’s alliance with a small group try name that was proposed by the of dissident independence supporters Noumea Accord still sparks emotional in 1999–2004. The sudden success of divisions of opinion. Overseas Minis- the moderate Avenir Ensemble (ae, ter Lurel met with Paul Néaoutyine of Future Together) party in 2004 was a Palika in Paris and then said simply, major challenge to the Gaullist rump, “The members of this government bringing centrist loyalists to power are interested in the future of New 386 the contemporary pacific ‡ 25:2 (2013)

Caledonia, of Kanaky.” Gomès and customary leaders proposed raising Lagarde of the ce called the use of the Kanaky flag along with the French that last word a “regrettable” slip tricolor for the occasion. Instead, local of the tongue, while ex-deputy Gael leaders suggested that Congress make Yanno of the rump accused Lurel of the Kanaky flag the country emblem “taking sides” with a pro-indepen- and New Caledonia the country name. dence “minority” and thus stepping They also urged the two associations on the “yellow line” beyond which lay of mayors, one loyalist and the other intercommunal chaos: “The Socialists, pro-independence, to unite for a com- once in power [evoking Mitterrand in mon destiny (NC, 20 Sept 2012). 1981–1995], have not waited long to If loyalists suffered divisions amid put into practice their electoral slogan calls for unity, what about the flnks, ‘change is now.’ The Rassemblement- which grew out of a 1970s indepen- ump warns the Socialist government: dence movement and officially came we will fight any unilateral proposal into being in 1984 under the flag of that goes against keeping New Cale- Kanaky? The UC and Palika have often donia in France, which would be competed with each other. The former contrary to the unalterable hopes party descends from the multiracial, of the majority of Caledonians. For progressive, autonomist party of the the Rassemblement-ump, it’s no to 1950s and 1960s, which dominated Kanaky! And it will always be no” local politics until the polarizing (NC, 2 Aug 2012). 1970s put it mainly under the control Lurel replied the next day that of Kanak chiefs and church lead- Kanaky was “not a bad word,” since ers. The latter party arose during the the Noumea Accord defended Kanak student protest movement of the late identity and proposed open discus- 1960s and 1970s and has a more left- sions to choose a new country name. ist vision, though since the Noumea Some independence supporters have Accord it has also been willing to suggested Kanaky New Caledonia as work within the government institu- a country name and some loyalists tions for progressive change. They also prefer Caledo-Kanaky. The concilia- differ in their views of whether to have tory decision to raise both flags in two flags (uc) or seek a common one 2011 was made at the annual meeting (Palika, which had already raised both of the signers of the Noumea Accord, flags together in the North a genera- but dissident loyalists accused the tion ago). Smaller parties have come RUMP and the Sarkozy regime in Paris and gone within the flnks coalition, of “imposing” it on the country (NC, 3 but the addition in the 1990s of a Aug 2012). President Martin proposed pro-independence “Oceanian” party that a referendum be held before composed of migrants from Wallis and 2014 on whether to call the country Futuna and the prominent member- New Caledonia or New Caledonia ship of pro-independence Europeans Kanaky (NC, 17 Aug 2012). In settler- and Asians show that “Kanaky” is dominated Bourail, the mayor and city not an exclusively ethnic label but council canceled a festival celebrating rather a would-be national one. In late a “common destiny” because Kanak 2011 the Dynamik Unitaire du Sud political reviews ‡ melanesia 387

(dus)—which included Kanak such as does not belong to a party, it belongs former Palika activist Sylvain Pabouty to the Kanak people. The flnks has and other progressives in the settler- always known ups and downs, but dominated South Province—claimed on essentials, we have always found a thousand followers who support ourselves again, and if we have a socioeconomic reforms and self-gov- national congress, it’s with Palika.” ernment. In early 2012, the municipal Victor Tutugoro of the small Union council of Moindou, which at first Progressiste Mélanésienne (upm) had refused to raise both the French warned, however, that “to prepare and Kanaky flags together, voted 8-7 the exit from the Noumea Accord, to do so as a gesture of mutual respect the pro-independence family must be (NC, 16 Feb 2012). Many people seek reunited,” and Wallisian Aloisio Sako constructive dialogue and working of the Rassemblement Démocratique relationships, and membership in Océanien (rdo) said that the front the territorial cabinet, Congress, and needed to elect a president (no one provincial and municipal governing has held that position for a decade): councils is based on proportional “To get past cleavages, we need a representation. chief” (NC, 24 March 2012). The Gomès has criticized the flnks for Labor Party and dus are allies but not having fluctuating views about the flnks members, and Nidoish Nais- flag issue and about whether to hold a seline’s Libération Kanak Socialiste referendum or a negotiation in 2014, (lks) follows its own high chief, while whereas he supports one flag and the local, multiethnic Socialist Party a consensual outcome (NC, 14 June is supportive of self-government but 2012). In March, the flnks congress separate. did not produce a unified policy, In May, the flnks and affiliated though party leaders reiterated their labor unions, the local League of the belief that the front had achieved a lot Rights of Man, the Labor Party, and since the 1980s, including negotiating the dus had achieved significant unity the two peace accords, controlling two for the French legislative elections. But out of three provinces, and winning when Hollande won the French presi- 43 percent of the seats in Congress in dency, loyalist voters rallied behind the 2009, as well as gaining the admin- ce. Frogier of the rump complained, istrative congressional presidency “We have gone twenty-five years back- in 2011 (Rock Wamytan). The UC wards,” and Wamytan of the uc and alliance with the rump did harm to Louis Kotra Uregei of the Labor Party flnks unity, however, by exacerbat- expressed concern that the concessions ing the rivalry between the uc and made by the rump might not survive Palika. Néaoutyine, longtime president the ce resurgence. But Néaoutyine, of the North Province, said that such while on a trip to South Korea to divisions indicated “perhaps a crisis finalize economic deals to have nickel at the level of the political leadership ore processed there until the Northern [but] I don’t think the flnks is in Koniambo plant is operational, was crisis regarding its objectives.” Charles not worried about shifts in loyalist Pidjot of the UC agreed: “The flnks (or French) politics. He noted that 388 the contemporary pacific ‡ 25:2 (2013) the rump was in free fall after losing again because it is the symbol of a both deputy seats, but for a decade it struggle for liberty for which many had stalled in fulfilling the Noumea Kanak died in the 1980s. On 14 July Accord. Its brief alliance with the uc, 2012, two rival marches occurred in he said, had enabled pro-independence Noumea. One featured the French politicians to acquire a few symbolic military and a mostly loyalist audi- posts in the government (eg, Wamytan ence, but another that marched in as Congress president and some UC the name of “Kanaky 2014” and the cabinet ministries), but its losses in the common destiny was led by the leftist, 2012 elections had simply reminded pro-independence Union Syndicaliste flnks members of their own goals. des Travailleurs Kanak et Exploités “We’re used to that,” Néaoutyine (ustke), from which the Labor Party said, and Palika would “continue as arose in 2009. Politicians like Frogier before,” by negotiating with French and Gomès (and even Wamytan) parliamentary groups and the regime joined the French high commissioner in Paris to lobby for the fulfillment in front of the Museum of New of the Noumea Accord. Palika had Caledonia on Moselle Bay to watch been able to work with the ae/ce, and the military parade, but as soon as now the Socialists controlled Paris. it ended, the seats were taken down The annual accord Signers Commit- before the ustke march from Vallée tee, now enlarged to include the ae, du Tir arrived at the nearby Mwâ ce, and Labor Party, would “decide if Kâ (a totem pole sculpted by Kanak we stop or not.” Néaoutyine warned artists to symbolize the nation). From “the right wing as well as independen- a truck, Nicole Waia of the uc called tists...not to pretend that there will out on a microphone, “We’re not be a radicalization, a return back- terrorists, we’re not dangerous, come wards of 25 years. They should not join our ranks!” A young Kanak with play on fear that we lost something. a raised fist told a reporter, “We don’t No, we are here to build. People must care about the common destiny, that’s distinguish between deceptive rheto- an idea invented by France. We are ric...and real political work” (kol, determined, we will use every means 1 July 2012). to keep our [Kanaky] flag raised.” In French overseas territories, Some marchers mocked Gomès for celebrating the fall of the Bastille in repolarizing relations between com- 1789 to French revolutionaries is munities in his quest for a Caledonian somewhat ironic, but Charles Pidjot flag, saying that some day they would of the uc said that the occasion share a 14 July and 24 September “symbolizes liberty, it’s the birth of (the latter being the date of French the Rights of Man and the Citizen... annexation in 1853 and regarded by the end of absolutism [similar to] the Kanak as a day of sharing or even Kanak cause that wishes for inde- of mourning). Wamytan said that he pendence” (Calédosphère, 10 July attended the French parade out of 2012). A flyer for a pro-independence respect for the men, not their politics: march on Bastille Day vowed that the “Philippe Gomès aroused the fear Kanaky flag would never come down of independence and thus of Kanak. political reviews ‡ melanesia 389

This march today lets all those who because he wanted to restore coopera- expressed their voices in the legisla- tion and consensual negotiation in the tive elections to send a clear mes- country (NC, 20 July 2012). sage.” Gomès called the second march Three Kanak ran for election “racist,” but Aloisio Sako of the rdo as Congress president in August: said, “We must build a country and a Wamytan and two loyalists, Gerard community. That’s the purpose of this Poadja of the ce and Simon Loueck- march” (NC, 16 July 2012). Another hote, an ex-rump leader. In the third speaker urged Kanak to register to round of voting, Wamytan received vote, especially in the South, before 25 votes, including 2 from loyalists, the provincial elections of 2014 and but Loueckhote suddenly supported the possible referendum (mnp, 22 July Poadja, who thus won with 28 votes 2012). in yet another loyalist rally against a Wamytan traveled to Paris to nur- pro-independence candidate. Poadja ture ties with the Socialist president promised “change” and “greater effi- of the National Assembly, Claude ciency” to fulfill the Noumea Accord, Bartolone. He promoted his idea of but some pro-independence members creating a commission to come up complained loudly and walked out. with a common flag, an initiative A Kanak from the North (Koné), that he acknowledged was a continu- Poadja and his family have opposed ation of the earlier gesture made by independence since the 1980s (NC, 30 Frogier regarding the two flags, but Aug 2012). Independence supporters, which now shifted in the direction of who had felt hopeful after gaining the all those who worked for a common Congress presidency last year due to destiny (ie, Gomès). Wamytan also the earlier uc-rump alliance, now felt lobbied to terminate the indexation of bitter. The uc talked of a possible res- salaries and pensions of French civil ignation from the territorial cabinet, a servants in New Caledonia in order tactic that the uc (followed by the ce to help reduce the cost of living there in revenge) had used in 2011, or per- (neither Sarkozy nor Hollande had haps a boycott of the annual Signers supported that idea); to encourage the Committee meeting in late 2012. uc continued transfer of self-governing Secretary General Regnier said, “We’re responsibilities as prescribed in the facing a blockage” because the policy Noumea Accord; to improve admin- of sharing and making concessions istrative training for local person- seemed over, and leaders were already nel; and to keep the Pasteur Institute positioning themselves for the pro- (whose branch in French Polynesia vincial elections of 2014 (NC, 24 Sept has now left) in Noumea to sustain 2012). The death of Charles Pidjot of an adequate level of medical care and the uc, on a medical visit to Vanuatu, training in New Caledonia. When was another blow to Kanak leadership asked whether he was hoping to keep (NC, 12 Sept 2012). his presidency of Congress, which Regionally, the Melanesian Spear- had to be renewed in late August, head Group (msg) was formed in Wamytan said that he would like to the late 1980s, in part to support keep his post but was not clinging to it the Kanak liberation struggle. It has 390 the contemporary pacific ‡ 25:2 (2013) been monitoring progress under the French embassy in Suva, which says it Noumea Accord, voicing concerns was never asked to issue the Fiji del- about socioeconomic inequalities and egates a visa” (pir, 11 July 2012; NC, the nominal role the Customary 13 April 2012). The Fiji foreign affairs plays in decision making. The flnks minister finally led the msg mission has been a member since the 1990s, instead of Bainimarama and met with despite the fact that the other mem- President Martin in Noumea, where bers (Fiji, Vanuatu, Solomon Islands, they discussed both implementation and ) are indepen- of the Noumea Accord and progress dent countries. France has recently in Fiji toward holding elections in sought to insert the New Caledonian 2014 (pir, 17 Aug, 24 Aug 2012). cabinet leadership as a substitute for The flnks later learned that it would “Kanaky.” A controversy arose in again hold the chairship of the msg 2012 when Gomès opposed a visit of from 2013 to 2015 (NC, 1 Oct 2012). the msg led by Commodore Bainima- Resurgent ce leaders, including rama of Fiji, who had come to power deputies Gomès and Lagarde, opposed in 2006 and still had not held demo- a new tax on goods and services of 6 cratic elections. As a former msg head percent, which Congress had passed himself, Wamytan prioritized keeping as a “country law” (needs approval by good relations with neighboring coun- Paris). The ce warned that it would tries and maintaining regional diplo- cause an “inflationary shock” in local matic pressure to fulfill the Noumea prices and asked whether the new tax Accord. He said Bainimarama did would apply to basic foodstuffs and not have blood on his hands and only to airfares from the outer islands (NC, wanted to purge his country of cor- 10 Jan 2012). The two deputies also ruption. Moreover, he said, France voiced concern about a rump pro- had welcomed its share of dictators posal to allow yet another casino in in the past, including Muammar New Caledonia, this time to finance a Qaddafi of Libya. So Wamytan had new local television station, because visited the Foreign Affairs Ministry middle-class families might take more in Paris to lobby for granting a visa risks (NC, 9 July 2012). The ce suc- to Bainimarama, but to no avail (NC, cessfully lobbied the French Council 20 July 2012). Wamytan had signed of State to question a rump plan to a separate cooperation agreement improve infrastructure in the squat- between the Congress of New Cale- ter camps around urban areas in the donia and the msg that would enable South as a cost-saving policy, rather more young New Caledonians to than to build affordable housing as the serve in the msg Secretariat (pir, 29 previous ce regime had done. The ce Feb 2012). But Gomès led criticisms also asked the Administrative Tribu- of Wamytan’s attendance at an msg nal of Noumea to halt such “reha- Foreign Ministers meeting in Fiji as bilitations” and accused the rump of “scandalous,” and as deputy in Paris promoting “ghettoization” and “racial he lobbied against Bainimarama’s segregation” (NC, 1 Aug 2012). The visit to New Caledonia. The msg visit tribunal agreed, but the policy is still was postponed, “on advice from the being debated. The flnks agreed with political reviews ‡ melanesia 391 the rump and ae that squatters need portfolios (NC, 22 Dec, 26 Dec 2012). water, electricity, sanitation, and trans- Gomès and Lagarde joined forces portation now, not later, and some in Paris with a new political fed- squatter leaders said that they prefer eration that included dissidents from the “Oceanian lifestyle” of having Sarkozy’s ump, which was splitting their own gardens and access to the into right-wing and centrist factions bush (NC, 14 Sept, 28 Sept 2012). (NC, 24 Oct, 10 Dec 2012). The ce Despite some ethnic repolarization unveiled a twelve-point platform that over the independence issue, loyal- claimed to seek consensus, collegial- ist unity remains elusive. In October, ity, fulfillment of the Noumea Accord, President Martin spoke to the United economic planning and development, Nations about progress under the and social and educational reforms Noumea Accord. Without naming the that would unify the country. The ce, he criticized it for opposing the ae-rump and uc-flnks replied that raising of the two flags, a “very sym- Gomès was a demagogue who sought bolic gesture of peace and reconcilia- to regain power by reviving old politi- tion among the communities,” and for cal divisions (NC, 27 Oct 2012). “prematurely beginning the election In Congress, the rump tried to tie campaign of 2014,” while blocking passage of a revised tax on goods and efforts at “major reforms for social services to reforming the unequal dis- justice and reduced inequalities” (ae, tribution of territorial revenues among 10 Oct 2012). Gomès responded that the three provinces. Pierre Bretegnier attacking a political party at an inter- of the rump, who had earlier pro- national forum “disqualified” Martin posed annexing Wallis and Futuna from continuing as the country’s (pir, 9 Jan 2012), spoke for many president and invited another pos- loyalists when he accused the North of sible mass resignation by the ce that hoarding its revenue share instead of would bring down his cabinet, now investing it in infrastructure, thereby that the eighteen-month grace period creating “a war chest” for Néaou- was ending (NC, 19 Oct 2012). Gomès tyine instead of enabling the North also accused the Martin-led cabinet of and Islands to retain inhabitants by not pursuing reforms such as reducing creating jobs (NC, 11 Aug 2012). the cost of living and building afford- Independence supporters worried that able housing, while the uc boycotted the limited electorate on key votes French-sponsored technical advisory (provincial elections and an inde- meetings and Palika complained about pendence referendum, in which only a lack of collegiality. Gomès intro- long-term residents can participate) duced a censure motion against the will be threatened if the loyalist major- Martin cabinet, but the rump and ity adopts a hard line against Kanaky. most of the uc voted it down, while Meanwhile, nine traditional Kanak Palika and uc dissidents supported the huts that were erected near the Mwâ ce on that issue. Gomès later resigned Kâ for the 24 September festival of from the cabinet to be replaced by shared citizenship (instead of French another ce member, but Martin said annexation) had to be relocated next that he would consider reallocating to the Maritime Museum after contro- 392 the contemporary pacific ‡ 25:2 (2013) versy and negotiation; some huts were the Noumea Accord, each party voiced simply demolished after the festival its positions. Gomès accused the rump to free up parking spaces (NC, 11 Oct and UC of cooperation on creating a 2012). Déwé Gorodé of Palika, vice local citizenship and on revising the president of the cabinet until 2011, distribution of tax revenues among said of that attempted “tribe in the the provinces, but broader efforts at city” project, “We already have a com- consensus emerged on transfers of mon past, we are in a common present governing powers and the training of and obviously, of course, we’re headed personnel, combating the high cost toward a common destiny” (kol, of living, and French aid in socio- 1 Nov 2012). economic and educational reforms. As In November, Overseas Minister the local newspaper observed, “It was Lurel visited the country and made above all about pursuing or beginning the rounds to familiarize himself with discussions” (NC, 8 Dec 2012). The places and people. He promised full Labor Party pushed for a referendum application of the Noumea Accord, on independence in 2014, but Palika hinting at pushing for some of the and the UC seemed more flexible and additional transfers of control it sug- desirous of advance preparations, gested, but he said that Paris would while Frogier and Wamytan spoke of remain neutral and “equidistant” from maintaining the historical role of the local political rivals over controversial rump and uc (NC, 14 Dec, 17 Dec identity symbols and the possibil- 2012). Frogier criticized “Maximum ity of independence. He reminded Leader” Gomès, the Labor Party, and people that 2014, when a possible dissidents within his own party for referendum on independence could reviving tensions when it was nego- take place, was not an end but rather tiation that was needed, but he also a beginning: “You will have to build called the rump the party that “had a more egalitarian, cohesive society” taken up arms when it had to, to stay that educates young people better, on this French land” (NC, 21 Dec especially Kanak (NC, 24 Nov 2012). 2012). Daniel Goa replaced the late Charles Most workers, whether in the Pidjot as uc leader and suggested put- public or private sectors, belong to ting identity issues on hold in order labor unions in New Caledonia. The to “build a country”; otherwise, he Union Syndicaliste des Ouvriers et said, “we won’t get far” (NC, 29 Nov Employés de la Nouvelle-Calédonie 2012). Despite recent electoral defeats (usoenc) remains the largest federa- and consequent ump scission in both tion (22 percent), with ustke second France and New Caledonia, Frogier (15 percent), and the Federation of still opposed repolarization, argu- Civil Servants third (13 percent). ing that his leadership role required usoenc has waged a long campaign having a vision for the country and against the high cost of living, while hence a willingness to dialogue with ustke remains committed to Kanak pro-independence parties (NC, 23 Nov independence and pollution controls. 2012). At the meeting in Paris of the ustke organized a May Day parade now-enlarged Signers Committee of and expressed concern about the political reviews ‡ melanesia 393 unemployment rate among young and respect their environmental con- people, especially Kanak (NC, 2 May cerns. 2012). The inflated real estate mar- The North Province owns 51 ket in Noumea has been declining as percent of the South Pacific Mining investors complain of “government Company (Société Minière du Sud instability” at the approach of 2014, Pacifique, or smsp), which has also rising taxes, and reduced French aid negotiated nickel-processing and trade subsidies (NC, 20 Feb 2012). More deals with firms in South Korea and apartment buildings in Noumea are China (NC, 28 Feb, 29 Aug 2012). depending on rents from large, non- Néaoutyine and André Dang of the European families. Arrested juvenile smsp negotiated an unprecedented delinquents are given seminars in good partnership with Jinchuan of China citizenship, but sales of firearms have that gives the North Province 51 tripled in a year (NC, 3 Aug 2012). percent ownership in a processing After a lawsuit filed by human-rights plant in that country, the same kind of lawyers, France agreed to upgrade the arrangement that the North has with local prison facility (pir, 2 Aug 2012, Posco in South Korea. China had to 17 Aug 2012). make an exception in its own laws to This year, a country law took allow such majority foreign ownership effect that restricted hiring to local (NC, 11 Sept 2012). The North has citizens of long residence, with ranked also purchased prefabricated struc- exemptions made for difficult-to-fill tures from China for its Koniambo specializations, but more vocational plant. Western powers have sometimes training for local citizens is needed expressed concerns about increasing (NC, 23 Feb 2012). Meanwhile, 6,000 intrusions into their own strategic Asian migrant workers are helping to “lake” by Chinese diplomacy and build new nickel-processing plants at economic aid or trade (Wesley-Smith Goro in the South and Koniambo in 2007; Lanteigne 2012). But indig- the North, to supplement the Société enous leaders seek to broaden their le Nickel’s Doniambo plant near postcolonial options. Making one’s Noumea. They are paid the local own choices of international partners minimum wage but have their meals, is what the late Jean-Marie Tjibaou lodging, and other benefits deducted called sovereignty. from that, making them cheaper to david chappell hire than locals (NC, 2 Feb 2012). Nickel prices fell to their lowest since 2010, and the Goro project has been References nagged by various construction and pollution issues, so its parent com- ae, Avenir Ensemble. Political party website. http://www.avenirensemble.nc/ pany may sell it (NC, 2 Nov 2012). The Koniambo project is envisioned bbc, British Broadcasting Corporation. as an employment magnet for young Daily news service. Kanak, but one challenge is making http://www.bbc.co.uk/news arrangements with local workers and Calédosphère.com. New Caledonia villages to include their participation Loyalist blog site (rump tendency) 394 the contemporary pacific ‡ 25:2 (2013) kol, Kanaky Online. Daily blog. injured), 2012 saw a higher number http://fr.groups.yahoo.com/group/kanaky of violent cases (67 instances resulting Lanteigne, Marc. 2012. Water Dragon? in 45 deaths and 120 injured). The China, Power Shifts and Soft Balancing in number of casualties during 2012 was the South Pacific. Political Science 64 (1): lower than in the previous year only 21–38. http://pnz.sagepub.com/ because 2011 saw three communal mnp, Madoy–Naku Press. Kanaky New clashes during the local election in Caledonia news site. http://madoy- Puncak in which casualties were high nakupress.blogspot.com (35 dead and about 500 injured). In line with the government’s secu- NC, Les Nouvelles-Calédoniennes. Daily. Noumea. http://www.lnc.nc rity policy, the political policy during 2012 looked stagnant on the surface. pir, Pacific Islands Report. East-West The government tried to maintain an Center, Honolulu. http://pireport.org image that Papua was under control. Wesley-Smith, Terence. 2007. China in Disturbances were framed as minor Oceania: New Forces in Pacific Politics. and insignificant. The real policy, Pacific Islands Policy 2. Honolulu: East- hidden from the public and civil West Center. society, was implemented behind the scenes. Intelligence units associated with the military/police/civil govern- ment bodies as well as formal intel- Papua ligence bodies such as Badan Intelijen In 2012 the Government of Indonesia Negara (bin, the State Intelligence failed in dealing with the sporadic Agency) and Badan Intelijen Strategis attacks by the armed resistance groups (bais, the Armed Forces Strategic called the Free Papua Movement Intelligence Agency) played a domi- (Organisasi Papua Merdeka [opm])– nant role. But among these intelligence National Liberation Army (Tentara units there is a lack of coordination, Pembebasan Nasional [tpn]) and and rivalries are rampant. The over- other “unknown persons.” As far as arching goal of “defending the sover- their responsibility for this failure is eignty of Indonesia” is not formulated concerned, the Indonesian government in a clear policy but rather emerges in sometimes showed its frustration by reactionary and ad hoc ways. blaming difficult geographical condi- This closed political policy reflects tions, limited numbers of personnel, the dominance of old political play- and lack of equipment. Even though ers within the central government the challenges were greater this year, bureaucracy, who were mostly high the security policy of the government officers recruited from the army. These was similar to that of 2011 and did officials tend to look down on Pap- not succeed in coping with the com- uans. The situation is worsened by plex reality. In general, it did not dem- a deep mutual distrust between the onstrate to the public that the state government and the people of Papua. was present and that laws were being The resulting policy has constructed a enforced justly. Compared to 2011 (38 political configuration overwhelmed attacks resulting in 52 deaths and 573 by intrigue, rumor, suspicion, and political reviews ‡ melanesia 395 character assassination among politi- ber 2011 only focused on social and cal factions, nongovernmental organi- economic issues. What the special zation activists, journalists, and even envoys of the president had arranged security officers and tpn/opm fight- with Papuan leaders in Papua in 2011 ers. Mutual mistrust and fear, which in terms of dialogue was not followed have grown for so long, continued to up by the president himself. The old spread steadily in 2012. political players, under the umbrella of For its part, the tpn/opm retained the Coordinating Ministry of Political, its usual pattern of movement in 2012, Legal, and Security Affairs (includ- but the organization also produced a ing the bin, the home ministry, and new group and became more active the army) maintained a status quo, in hunting for weapons from the security-heavy policy. Many Papuan police and the military. The Paniai leaders, mostly the well-educated and Puncak Jaya regions were more moderates, now question the goodwill dynamic, while the Kerom group, of the government. led by Lambert Pekikir, was quieter The central government is aware due to the pressure being applied by of the political and security difficul- a military operation. The ties. As compensation, the government group shrank, as its leader, Danny has been giving greater attention to Kogoya, has been detained since Papua development. During the period September 2012, while a new fighting 2002–2012, funds provided under spot emerged in Lanny Jaya (Tiom). the special autonomy law (otsus) The latest trend shows that the action amounted to Rp 28.4 trillion (us$1 locus and guerilla fighters are concen- is the equivalent of approximately trated mostly in the highlands—areas 9,650 Indonesian rupiah, or Rp). For where the police and army presence 2009–2012, the otsus budget for is growing. The tpn/opm sees these West Papua Province amounted to Rp police officers and soldiers as targets, 5.2 trillion. The funds were primar- ambushing them when possible to ily for infrastructure development, confiscate weapons and to increase with Papua Province receiving Rp their reputations. 2.5 trillion and West Papua Province The political will of the government receiving Rp 2.2 trillion. In the 2013 to employ peaceful means of solving national budget, the otsus funding the Papua conflict appeared more for Papua Province has been increased clearly at the end of 2011 and during to Rp 4.3 trillion and for West Papua the early part of 2012. On 9 Novem- to Rp 1.8 trillion. However, the ber 2011 and again on 2 February development implementation has been 2012, President Yudhoyono stated hampered by corrupt practices—funds that the government was prepared have been intercepted at lower lev- to hold open dialogue with Papuan els—and the lack of capacity of the leaders. However, the dialogue did local governments. The main prob- not materialize in 2012. The Unit for lems remain in the basic education Acceleration of Development in Papua sector and health services (subdistrict and (West) Papua Barat (up4b) that and village clinics), as well as in the the president established in Septem- economic empowerment of the people. 396 the contemporary pacific ‡ 25:2 (2013)

Significant improvements have been The Papua Legislative Body (Dewan seen in several districts/municipalities Perwakilan Rakyat Papua, or dprp), in the development of education and under the law of special autonomy, health facilities, but these have not felt entitled to conduct a registration yet been accompanied by the presence of prospective governors and deputy of adequate officers, so the quality governors, and it did so unilaterally. of service is still problematic. In the This process, however, was rejected midst of this situation, the government by the General Elections Commis- created up4b. sion of Papua (kpu Papua). The long up4b started operations in the debate over this process resulted in beginning of 2012 and became the the general election being stalled. The new coordinator of socioeconomic question of who had the authority to development, filling in the blanks conduct the gubernatorial election was between development actors, espe- brought to the Constitutional Court cially various development programs (Mahkamah Konstitusi, or mk), which funded by the national budget (called decided on 12 September 2012 that the Anggaran Pendapatan Belanja kpu Papua had the authority. How- Negara, or apbn). Thanks to its ever, the court also found that the efforts at facilitation and mediation, registration process already completed a number of decision-making bottle- by dprp could be considered valid. necks hindering implementation of Toward the end of 2012, another construction were overcome. During election-related issue arose. On 14 2012, a number of affirmative policies December 2012, kpu Papua decided were put in place allowing the accel- that the most recent governor, eration of infrastructure development. Bar nabas Suebu, and his running However, the ultimate success and mate, John Tabo, did not qualify to consistent implementation of up4b’s stand in the election because they efforts depend on the performance of lacked the required level of sup- the various ministries and agencies port—15 percent—from politi- as well as the local governments. If cal parties. These two candidates, the weaknesses of the ministries and known as Bas-John, claimed that related agencies are not addressed and they were supported by eight par- the capacity of the local governments ties with eighteen seats, or 32.13 remains low, then the facilitation and percent, but during the verification mediation conducted by up4b will not process kpu Papua determined that be effective. Bas-John was supported by only six The term of office for the governor parties, representing only four seats, of Papua Province officially expired or 7.14 percent. The Bas-John team on 25 July 2011, but by the end of did not accept the determination of 2012 no gubernatorial election had kpu Papua and vowed to seek legal been held. Over this period, Papua redress. Despite the ongoing Bas-John Province has had no definitive gover- lawsuit, kpu Papua announced that nor and vice governor. At first there the voting would be conducted on 29 was a dispute over who actually had January 2013. Six pairs of candidates the authority to conduct elections. were set to contest the election: Lukas political reviews ‡ melanesia 397

Enembe-Klemen Tinal, Habel Suwae- public services. In fact, very few new Yop Kogoya, Manase Kambu-Blasius districts are experiencing any improve- Pakage, and Alex Hesegem-Marthen ment in public services. Conversely, Kayoi were all supported by political conflict between clan-based elites has parties, while Wellington Wenda- increased, corruption is widespread, Waynand Watory and Noak Nawipa- and the absence of district heads is Johanes Wob were running indepen- high. In order to avoid demands and dently. public protests, the district heads Until 1999, the Province of Irian and their inner circles spend sig- Jaya (renamed “Papua” in 2000) nificant amounts of time and state had only 9 districts and munici- funds around instead of in palities. In line with the move toward their home districts. In Jakarta, or regional autonomy and decentraliza- the provincial capital Jayapura, they tion throughout Indonesia, a policy enjoy a life of luxury living in hotels, of regional division (pemekaran) driving luxurious cars, and marrying was implemented in Papua by Law non-Papuan women. Most are able to 45/1999. Since then, the number of buy a new home or apartment out- autonomous administrative units (dis- side Papua. Many of the local elites tricts) has increased rapidly. In 2012, fight for division primarily in order there were two provinces: Papua (with to exploit the political and financial as many as 2,833,381 inhabitants resources of the State. Nevertheless, in 2010) with one municipality and Minister of Home Affairs Gamawan 28 districts, while West Papua (with Fauzi said that the government will as many as 760,422 inhabitants in not stop the division and has pre- 2010) has one municipality and 12 pared a grand design for Papua with districts. In total there are 40 districts as many as five provinces. Even dprp and two major cities, with an overall Chairman John Ibo says that ideally population of 3,593,803. Based on Papua Province will be divided into the total number of inhabitants, the seven regions, based on customary new districts are already dispropor- territorial division. tionately small. However, the demand The new faction of the Papua for further division continued in 2012. People’s Congress III, which pro- On 13 July 2012, the dprp formally claimed a new Federal Republic of decided that 18 new districts could Papua in October 2011, shrank as it be created. Going further, the spokes- garnered little public support from person for the dprp said that 21 new Papuans and its main leaders were districts could be established in Papua jailed. During 2012, street politics Province, while West Papua Province was dominated by the West Papua also proposed creating 9 new districts National Committee (Komite Nasi- and even one new province. onal Papua Barat, or knpb), which The normal basis of division organized around twenty demonstra- is intended to narrow the span of tions. The main political agenda of government control, increase the knpb is a referendum on Papuan government’s connection to the independence. To pursue this goal, community, and ultimately improve knpb is relying on International 398 the contemporary pacific ‡ 25:2 (2013)

Lawyers for West Papua (ilwp) and daily newspaper Suara Pembaruan International Parliamentarians for reported intimidation of thirty jour- West Papua (ipwp), which promise to nalists, including Victor Mambor, a bring the Papuan cause to the Inter- Papuan and chairman of the Alliance national Court. Consequently, knpb of Independent Journalists (Aliansi rejects any political agenda imposed Jurnalis Independen, or aji) of Jaya- by Jakarta. pura. knpb Deputy Chairman Mako Unfortunately, this year knpb Tabuni publicly stated that “we are engaged in more hostile and even opposed to all journalists and the violent conduct. For example, on 20 media in Papua and Indonesia. . . . If February 2012, knpb rallied to reject any of them still reports knpb activi- the creation of up4b and demanded ties, then knpb will kill him or her a referendum in the office of the and the office will be turned to ashes” Papuan People’s Council (Majelis (6XDUD3HPEDUXDQ6 May 2012). The Rakyat Papua, or mrp). Mobilizing same threat was also repeated during a 300 people, it forced mrp members large knpb demonstration on 19 May who were attending the speeches to 2012 that was focused on calling for remain against their will in the hot a referendum and rejecting the Indo- sunshine until the event ended. On 20 nesian government policies, especially March 2012, during the visit of United regarding local or provincial elections. Nations Secretary- General Ban Ki- On 3 June 2012, a non-Papuan moon, knpb mobilized its supporters student, Jimmy Purba (age nineteen), to stop traffic in Abepura and extort was found dead. The police indicated money from drivers. To make it worse, that the culprit was one of knpb’s protestors also blocked the gate of supporters who was participating in Cenderawasih University campus and a knpb motorcycle convoy in Waena. dispersed students who were having On 4 June 2012, when their march classes. was blocked by the police, about On 1 May, one knpb member, 500 supporters of knpb vented their Terjoli Weya, was shot and killed by anger with vandalism and attacks “unknown persons” (orang tak kenal, on migrants’ houses in Kampung or otk) in Abepura. The shooting Harapan. Two people were injured occurred when Weya boarded a truck during the violence. Mako Tabuni along with other members of knpb really shocked the public when he after a demonstration. The next day spoke out against the detention of a non-Papuan, Dedy Kurniawan (age knpb chairman Bukhtar Tabuni on twenty-eight), fell victim to an arbi- 7 June 2012 at the dprp office. He trary attack, which was perceived by blamed the detainment on dprp mem- knpb supporters to be revenge for the bers and expressed his anger by threat- previous day’s shooting. ening all dprp members openly: “We knpb has also displayed a nega- will hunt the members of dprp door tive attitude and unfriendly behav- to door in their houses. We will even ior toward journalists since March empty the offices” (Jawa Pos National 2012. From the knpb perspective, Network, 9 June 2012). all journalists are pro-Indonesia. The In addition to the numerous open political reviews ‡ melanesia 399 acts of hostility, the police alleged of democracy. During protests, its that Mako Tabuni was also involved leaders and supporters have shown in seven other cases of violence in a hostile attitude toward those not Jayapura, including the shooting of part of the group by threatening and a German citizen. On the morning carrying out violent actions against of 14 June, Tabuni was shot dead civilians, as well as other criminal by a special plainclothes police team acts. Due to their actions, knpb has when they attempted to detain him lost some legitimacy and public sup- near Cenderawasih University. The port for its cause, especially among killing enraged knpb supporters and migrants and coastal Papuans. Addi- sparked violent riots in which hun- tionally, the group faced the legal dreds of people attacked non-Papuans ramifications of its members’ actions and destroyed a number of proper- since the police had enough justifica- ties. Four migrants were mortally tion to search and detain its leaders. wounded. At the funeral ceremony of After the death of Mako Tabuni, Tabuni in Sentani, around 600 people the police intensified investigations were present. There were rumors that into knpb leaders suspected of crimes the ceremony would turn into a riot, in various districts in Papua and West but due to the large number of secu- Papua. In Timika on 23 September rity units present who were prepared and 19 October 2012, eleven leaders for that possibility, the anticipated riot and members of knpb were inter- did not take place. rogated and released. A camera and The details of the shooting of a laptop were seized. In Jayapura Mako Tabuni are disputed and pos- on 2 October 2012, the police also sible human rights violations were interrogated knpb leaders as they raised, not only by knpb, but also by disembarked from the passenger vessel local nongovernmental organizations Labobar. Reacting to these incidents, and the Baptist church. According the new knpb chairman, Victor Yeimo, to knpb, the police shot Tabuni five condemned the police for treating times without warning when he was knpb leaders arbitrarily. On 1 Octo- chewing betel nut with two of his col- ber 2012, the police searched the leagues, and he later died at the hospi- knpb secretariat in Wamena. Police tal. Conversely, the police claimed that found dangerous materials including Tabuni resisted arrest and tried to grab a pipe bomb with a 16 cm detonator, their weapons. Furthermore, the police one 200 ml bottle bomb, traditional found a Taurus revolver and sixteen weapons such as bows and arrows, bullets in Tabuni’s bag. Unfortunately, and a number of long machetes, along there has been no independent inves- with knpb and tpn/opm symbols and tigation into the shooting, so it has documents. Nine people—the owners turned into a political football. of these items and allegedly members During the second half of the year, of knpb—were detained. knpb tried to behave more peacefully. On 18 October 2012, police However, while knpb’s campaign did uncovered incriminating evidence expand the democratic space, it failed when three kilograms of TNT powder to maintain the nonviolent principles (allegedly intended for a high-explo- 400 the contemporary pacific ‡ 25:2 (2013) sive bomb) were found in Kurulu, trolled by highlanders. Most of the around ten kilometers from Wamena demonstrations happened peacefully, town. After two more kilograms of except in Manokwari, where a clash explosives was found in the Wamena between police and supporters of area, police suspected that the knpb knpb occurred. Police also dispersed was training its members to assemble the demonstrations in Jayapura and bombs there. Based on the information Fakfak without opposition from obtained from the arrested suspects, knpb supporters. the knpb have been planning to bomb On 20 November 2012, knpb public facilities. They are alleged to celebrated its sixth anniversary with have tried to detonate a bomb in the prayer services in Jayapura and Jayawijaya local parliament build- Merauke. In Jayapura, there was ing on 1 September 2012 and at the heavy police and army surveillance Jayawijaya Police Post on 18 Septem- during the prayers. Hostilities almost ber 2012. Police have added five knpb erupted when the police tried to stop activists to the list of Wanted Persons a speech by knpb Chairman Victor (Daftar Pencarian Orang, or dpo). Yeimo. Though the scene was quite The searches and arrests contin- tense, the worship service went well. ued through the end of 2012. On 16 Similarly, the ceremony in Merauke December 2012, police and army joint was quiet and went smoothly. The forces arrested six knpb activists in first of December is always celebrated and around the headquarters of the as the anniversary of West Papua’s Papuan Customary Council (Dewan “independence.” This year on that Adat Papua, dap) in Balim Valley, day, Yeimo was captured as he was Wamena. They allegedly were involved leading a long march from Waena in a plot to bomb public facilities. In toward the tomb of the great Papua Kurulu, where some of the explosives leader Theys Eluay in Sentani. He were found, two knpb activists were was taken to the Abepura police post shot, allegedly by a joint force of for questioning. Despite his detain- police and army. ment and the usual tight security, the knpb members did not lessen 1 December prayer celebration at the their opposition, even though Mako tomb of Theys Eluay was peaceful. Tabuni had been executed and the Other cases of violence occurred repressive searches by the police during 2012. Nine shooting incidents increased sharply. This was shown by took place in Puncak Jaya, which their willingness to organize multiple resulted in around 15 people being demonstrations on 23 September shot, including 1 member of the tpn/ 2012 to support the activities of the opm and 2 members of the police/ ilwp/ipwp in London. knpb managed army. Out of the 15 who were shot, to simultaneously hold demonstra- 3 people were killed. In the first week tions in eight districts/municipalities of the New Year, armed confronta- in the land of Papua and one each tions were started by the tpn/opm in Makassar and Manado. This when army troops from Infantry shows that the knpb network has Battalion 811 Nabire stationed around been expanding and is mostly con- Mulia were intercepted. Lindiron political reviews ‡ melanesia 401

Tabuni, one of the members of the protest openly and demand security tpn/opm, was shot. The military assurances. seized an ss1 firearm and seventy-five The tpn/opm in Paniai were not as bullets from Tabuni. Apart from this, active as their compatriots in Puncak real encounters between the police/ Jaya, with only four recorded cases of army and the tpn/opm were rare. violence in 2012. The casualties as a It was alleged that tpn/opm mostly result of these incidents were rela- ambushed their targets. For example, tively low, with 2 civilians killed and on 20 January 2012 at Mulia Lama, 1 injured, while 2 police officers were Krisna Rofik, a migrant settler who killed and 1 was injured. Most of the was keeping his stall, was approached tpn/opm actions here were ambush by three OTK and shot for unknown shootings. For example, on the eve- reasons. On 28 January 2012, a ning of 16 August 2012, one migrant member of the Mobile Brigade was shot dead by OTK near the Obano Sukarno was shot in the left cheek and airport, while his friend was shot killed. He and twelve other soldiers and injured in his left hand. On 21 were guarding a private contractor’s August 2012, Police Brigadier Yohan heavy equipment for a road project in Kasimatau was shot in the chest and the Wandigobak subdistrict. killed by unknown persons, possibly It appears that the tpn/opm now tpn/opm from the direction of Paniai not only targets migrant settlers or Lakes. The victim was washing a car individual members of the police/army when he was targeted, and the per- but also seeks to disrupt transporta- petrators escaped in speedboats after tion. On 8 April 2012, a Trigana Air seizing police firearms. Kasimatau was Service plane that had just landed at evacuated from Enarotali to Nabire, Mulia airport was attacked by the and then his body was sent to Jay- tpn/opm. Four people were injured, apura for an autopsy. including the pilot and copilot, One attack, allegedly by the tpn/ and one passenger, local journalist opm, took place in a new area Leiron Kogoya, was killed. Indo- of resistance, Lanny Jaya. On 27 nesian President Susilo Bambang November 2012, a police post in Yudhoyono urged that the perpetra- Pirime was ambushed by about fifty tors be arrested. This incident led to attackers. Police Chief Rolfi Takubesi the suspension of flights into Mulia and his two subordinates were shot and pushed a number of migrants dead and burned inside the post. to take refuge in Wamena. Regular The police explained that the attack- flights into Mulia remained suspended ers were from a new group of tpn/ until the end of June 2012, with only opm led by Yani Tabuni. The group one or two charter planes operating. also seized three revolvers and two Supplies ran low as all the needs of assault rifles. In reaction, the police the city and the surrounding area had sent members of the Mobile Brigade to be filled by limited road transport platoon and one special team of the between Wamena to Mulia. The Papua police to pursue the perpetra- shootings terrified migrant settlers and tors. On 27 November 2012, one of led them, especially public workers, to Puncak Jaya opm’s prominent leaders, 402 the contemporary pacific ‡ 25:2 (2013)

Goliath Tabuni, denied that his group ing and have been searching for the was involved in the attack. Chairman perpetrators. It was during this search of the Lani Pago Papuan Customary when the police shot Mako Tabuni, Council (dap) Lemok Mabel insinu- one of knpb’s important leaders. On ated that the incident had been engi- 20 July the police also shot dead Pieter neered by the government. Penggu, who was the village head in Timika and the Freeport mining Tolikara District. Penggu is believed area were relatively quiet in 2012. In to have been involved in knpb–tpn/ February, three shooting cases took opm–related activities. However, the place within the mine’s concession reason for the killing was unclear and area, resulting in three deaths and four almost no one has questioned this. injuries. The victims included police muridan s widjojo and civilians. It was difficult to be sure whether the perpetrators were Appreciation to Meki Wetipo, who tpn/opm members or an army unit. helped collect materials for this review. This latter suspicion always emerges, as the rivalry between the police and the army for control of security in the References Freeport area is still rampant. On 23 June 2012, a group of tpn/opm tried Antaranews.com. http://www.antaranews to seize weapons from a police officer, .com/ but his colleagues helped him fend Bintang Papua. Daily. Jayapura. Online at off the attackers. It was clear that the http://bintangpapua.com/ perpetrators were tpn/opm members, Cenderawasih Pos. Daily. Jayapura. Online as the police saw them. at http://www.cenderawasihpos.com/ From May through July, the inhab- itants of Jayapura were caught in Detikcom. Indonesian online news portal. fear as about eleven reported violent http://news.detik.com/ incidents took place, mainly shoot- jpnn, Jawa Pos National Network. ings. Most of the perpetrators were http://www.jpnn.com/ unknown. At least 12 lives were taken kbr68h. Radio news agency. Online at and 3 persons injured. The victims http://www.kbr68h.com/ were varied: 9 migrant settlers, some of whom worked for a military-related knpb, Komite Nasional Papua Barat. Organisasi pergerakan http://knpbnews institution; 1 highland Papuan; 1 .com/ and http://knpbsentanidotorg German citizen; and 3 army soldiers. .wordpress.com/ The series of killings started on 1 May with a mysterious death of a highland Kompas. Daily. Jakarta. Online at Papuan, followed by the death of a http://www.kompas.com/ migrant the next day. The German, Koran Tempo. Daily. Jakarta. Online at Dietma Pieper, was shot when he http://www.tempo.co/ was enjoying the warmth and beauty Laporan Hasil Investigasi: Koalisi of Base G Beach near Jayapura on Masyarakat Sipil untuk Penegakan Hukum 29 May. The police believe that knpb dan ham di Papua, 2012 (Report of Inves- people were involved in the shoot- tigation: Coalition of Civil Society for the political reviews ‡ melanesia 403

Rule of Law and Human Rights in Papua, stitutional and leadership crisis in the 2012). Unpublished nongovernmental history of the country. The crisis put organization report. to test the thirty-seven-year-old consti- Majalah Selangkah.com. tution, challenged the principle of the http://majalahselangkah.com/ separation of powers among the three MediaIndonesia.com. arms of government (executive, leg- http://www.mediaindonesia.com/ islative, and judicial), and shook the foundations of the Westminster system Merdeka.com. http://www.merdeka.com/ of government adopted by Papua New Papua Pos Nabire. Papua Pos Lokal Guinea. Additionally, business houses Network. http://papuaposnabire.com/ and landowners around the Lique- Pasific Post. Daily. Jayapura. Online at fied Natural Gas (lng) project area http://www.pasificpost.com/ warned that if the impasse between the two groups claiming to be the Radar Sorong, Cenderawasih Pos Lokal Network. http://www.radarsorong.com/ legitimate government continued, it could negatively impact investor Suara Papua. http://suarapapua.com/ confidence and the economy at a time Suara Pembaruan (Voice of Renewal). when the lng project was at its peak Daily. Jakarta. Online at construction phase (Post-Courier, http://www.suarapembaruan.com/ 19 Dec 2011). Tabloid Jubi Online: An Alternative Media Fortunately, 2012 was an election in Tanah Papua. http://tabloidjubi.com/ year, which meant that Parliament was dissolved and political incumbents Tribunnews.com. http://www.tribunnews .com/ had to re-contest their seats. This somewhat ended the leadership tussle Umaginews. http://www.umaginews.com/ between the Peter O’Neill and Somare vivanews.com. http://www.vivanews.com/ factions, who were forced to renew their leadership mandate through the ballot box. This was timely because the political impasse could have Papua New Guinea devolved further into social chaos, as The year 2012 and the events in the the stalemate was gradually politiciz- latter part of 2011 leading up to the ing and dichotomizing the different infamous “political impasse” in Papua groups in the country who supported New Guinea (PNG) will go down in one faction or the other. the annals of PNG political history for There was a sense of political inse- a number of reasons. Most significant, curity and uncertainty when Somare’s it was a year that saw the end of nine family announced that he was not years of rule by the National Alli- medically fit to continue as the coun- ance Party–led government of Prime try’s leader in 2011. Somare’s absence Minister Grand Chief Sir Michael from the country for almost three Somare—cutting short what would months created a leadership vacuum have been a historic two full terms as despite his having appointed prime minister. (the member for Wabag and minister These events led to the biggest con- for foreign affairs and immigration) 404 the contemporary pacific ‡ 25:2 (2013) as acting prime minister. Somare’s men had to sell their policies, boost prolonged absence led the majority in their popularity, and secure the voters’ Parliament to declare a vacancy in the support to return to power after the prime minister’s seat. Rifts within the national elections. National Alliance circles were already The rhetoric about free health conspicuous due to Abal’s displace- care service was one popular elec- ment of onetime Deputy Prime Minis- tion gimmick that never material- ter . Abal had political foes ized during the twelve-month long from within his own party and also government of O’Neill and Namah. lacked the authority and respect that Nonetheless, after being elected prime was accorded to Somare. minister, O’Neill kept his word on Since Somare became prime minis- free education. The Department of ter in 2002, his style of leadership and Education was directed to facilitate many of his decision-making processes the dispensing of subsidies to schools, were perceived as dictatorial by the and when this was delayed and not Opposition. This was demonstrated in implemented in a timely fashion, the the ways that some controversial legis- National Executive Council in Sep- lation was bulldozed through Parlia- tember suspended the secretary for the ment without wider consultation and Department of Education, Dr Musawe debate—for example, the Environ- Sinebare, allegedly for failing to mental Act, which among other things effectively implement the policy. Prime prevents third-party lawsuits against Minister O’Neill issued a stern warn- resource companies (see Kantha 2011, ing that his government would not 491, 494–495), and the Maladina Bill, tolerate slackness in the public service, which proposed the removal of the particularly at the departmental head powers of the Ombudsman Commis- level (The National, 28 Sept 2012). sion (see Kantha 2010, 456-457). The There were numerous skirmishes in provision in the Environmental Act the short-lived O’Neill-Namah regime preventing third-party lawsuits was and many embarrassing reversals later repealed by the O’Neill-Namah by Prime Minister O’Neill of widely government. publicized decisions made by Deputy The announcement of Somare’s Prime Minister Namah. Namah was retirement from politics by his son and the government’s rhetorician, pre- Member for Angoram Arthur Somare dominantly seen as the one calling (Post-Courier, 30 June 2011)—seem- the shots, making the hard decisions, ingly without the knowledge of his and being easily agitated. Meanwhile, father who was in the hospital in O’Neill was soft-spoken, inquisitive, Singapore—provided an opportune and seemed to merely wear the prime moment for the Opposition to mobi- minister’s hat without really exerting lize support and seize control of the any authority. government in mid-2011. However, On one occasion, Namah sus- the bond between new Prime Minister pended the managing director of Peter O’Neill and his deputy, Belden the Mineral Resources Development Namah, was apparently one forged Company over allegations of corrup- for political convenience. The two tion in the company. The company political reviews ‡ melanesia 405 was set up by the government with on the legality of the processes and the prime minister as the sole trustee acceptable parliamentary norms. Legal to manage landowner equity interests opinions about the legitimacy of the in the mining and petroleum sector two government factions offered by (The National, 13 Oct 2011). Namah lawyers representing the two sides was acting prime minister at that time, were even more contradictory. as O’Neill was out of the country. The inexorable O’Neill-Namah On returning from his overseas trip, faction was adamant that Parliament, O’Neill immediately rescinded the as the law-making body, was supreme decision of his deputy. These contra- and that the decisions of Parliament dictions in the public pronouncements to disqualify Somare as prime minis- proved early in the formation of the ter and to remove him as East Sepik O’Neill-Namah government that the Regional Member for missing three alliance was just a façade for their consecutive parliamentary sessions own ends, and it was clear that the were legitimate. In fact, however, relationship would not last. Somare missed only two sessions. He The overthrow of the Somare gov- was compelled to fly to Port Moresby ernment and the impasse leading up from his hospital bed in Singapore to the elections in mid-2012 sparked a and entered the chambers of the debate regarding whether the constitu- Parliament House in a wheelchair, tion or the Parliament held supremacy. determined to fulfill the constitutional The unprecedented circumvention of requirements by not missing the third laws by the O’Neill-Namah govern- session of Parliament. The Somare ment—seen in the removal of Somare faction maintained that the constitu- as a member of Parliament, the tion created the institution of Parlia- amendment to the Prime Minister and ment and thus is supreme and that the National Executive Council Act to procedures undertaken by Parliament retroactively legalize Somare’s dis- to remove him were therefore uncon- qualification, and the introduction of stitutional and extrajudicial. the Judicial Conduct Bill, which was The impasse consequently raised an ominous attempt to penalize judges doubts about the independence and who might render a verdict upholding neutrality of the PNG Supreme Court, the supremacy of the constitution, and which is mandated to defend and thus reinstating Somare—were obvi- protect the constitution. The O’Neill- ously desperate attempts to cling to Namah government was wary of the power. The constitution, however, fell outcome of the Supreme Court ruling. short of clearly defining the param- After Chief Justice Sir Salamo Injia eters by which such practices could be ruled that the manner and procedures deemed constitutional or otherwise. by which Somare had been removed Lawyers and political scientists from Parliament were unconstitutional alike conjured up varying interpreta- and called for Somare to be reinstated tions of the laws with respect to the as prime minister, a warrant was removal of Somare from Parliament, immediately issued at the direction of thus confusing the public with differ- Namah for the arrest of the chief jus- ing views more than shedding light tice. In a shocking theatrical display, 406 the contemporary pacific ‡ 25:2 (2013)

Namah went to the courthouse with two political factions based on past police personnel calling for the chief loyalties or what they hoped to gain justice to show himself and be arrested from aligning with Somare or O’Neill. (adelaidenow 2012). This was the There was already speculation within first time in the history of the country the expatriate community about an for a politician—deputy head of the imminent military coup, and the executive government and member of public service and bureaucracy were the —to lead the police to confused as to which government they the courthouse calling for the arrest should serve. of the head of the judiciary and the During this entire political dead- courts. lock, it was evident that the key indi- The political impasse led to calls vidual involved in making and break- for the review of the constitution, ing the government was the Speaker which was said to be vague and full of Parliament. Jeffery Nape, who had of loopholes. This followed calls from been Speaker under the Somare gov- the PNG Constitutional Democratic ernment, jumped ship to the O’Neill- Party for a review to tighten up laws Namah faction as soon as Somare’s in the country (The National, 14 Nov alleged retirement was announced by 2011). However, proponents of the his son. Somare, however, dismissed constitution argued that it was not his son’s announcement of his retire- the ambiguity or inadequacy of the ment and declared that only he could constitution that was the problem but make that decision, not anyone else rather the intention of politicians to on his behalf. However, Speaker Nape inappropriately use the constitution to then declared a vacancy in the position satisfy their personal interests and to of the prime minister and announced legalize their illegitimacy. on the floor of Parliament the dis- The political deadlock with the missal of Somare as prime minister O’Neill and Somare factions both and as East Sepik regional member. claiming to be the legitimate govern- PNG citizens turned to electronic ment led to dual appointments of gov- media such as Twitter and the PNG ernment ministers and heads of almost Facebook group “Sharp Talk” to all key government departments, express their disgust at the immaturity including the police, the PNG Defence of leaders in prolonging the political Force, and the Department of Finance, impasse. The stalemate was left to the which controls the government’s elections to resolve and bring in a new purse. Contravening the constitution government. of the country, for the first time there A few months before the issue of was an odd structure of government writs for the elections, Deputy Prime with two prime ministers—one seek- Minister Namah claimed that the ing legitimacy from the constitution Electoral Commission was unpre- and the courts, the other seeking his pared, as the electoral rolls were yet to mandate from Parliament. be fixed. Therefore, Namah claimed, It was also the first time the coun- there was a valid reason to postpone try saw politicization and division the elections until the roll was fixed. within the police and defense forces, This proposition brought the ire of the with members taking sides with the public, nongovernmental organiza- political reviews ‡ melanesia 407 tions, and churches, who viewed the finding their names on the common elections as perhaps the only process roll and thus not being able to vote. that could end the political impasse. The Commonwealth Observer’s Prime Minister O’Neill refuted his interim report on the elections stated deputy’s claim, saying that the Par- that some of the benchmarks for liament has no authority to defer democratic processes had been met elections and that only the Electoral but several significant challenges Commission can make such a deci- remained to be addressed. Among sion (Post-Courier, 26 June 2012). these challenges were the persistent The Electoral Commission immedi- discrimination against the participa- ately denied Namah’s assertion that tion of women, increasing use of they were not prepared to conduct money to bribe voters, delays in the elections. Electoral Commissioner polling schedules, and widespread Andrew Trawen reassured the public disenfranchisement of citizens because and voters that the commission was of an ineffective voter registration prepared and that the elections should and electoral roll management system commence as scheduled. (Commonwealth Secretariat 2012). As the political deadlock contin- During the election campaign, lead- ued and seemed to permeate other ers of political parties were already segments of the society, the only hope declaring their intentions to vie for the was that the national elections would country’s top seat—the position of the give a fresh mandate to new members prime minister—if they were reelected. of Parliament to form a new govern- The two most popular of these can- ment. While the 2012 national elec- didates were Deputy Prime Minister tions somewhat brought about politi- Belden Namah, leader of the PNG cal stability, the answer to the question Party (PNG Industry News 2012) and of the supremacy of the constitution Don Poyle of the Triumph, Heritage or Parliament remains unresolved, and Empowerment Party (“T.H.E. with the various challenges supposedly Party”). Namah donated 30 million disposed of for the sake of political kina (1k = approximately us$0.48), stability. allegedly from his own pocket, to fund The 2012 elections, like previ- his party’s candidates in the election ous elections, were riddled with the (Post-Courier, 10 May 2012). familiar illegal practices of double and The formation of a government multiple voting, underage voting, elec- depends on the number of seats a toral roll discrepancies, and security party wins; the party with the most problems, especially in the Highlands seats will be invited by the governor- region of the country. Shocking photos general to try to form a government. of very young kids voting in one of Since independence in 1975, gov- the remote electorates in West Sepik ernments have always been formed Province filled the front page of the through a coalition of parties because national dailies (Post-Courier, 24 July no single party has been able to 2012). Perhaps the most glaring prob- achieve an outright majority of mem- lem was that of missing names on the bers. electoral roll. Hordes of disgruntled As the winners of various seats voters complained to the media of not were being declared, it became appar- 408 the contemporary pacific ‡ 25:2 (2013) ent that O’Neill’s People’s National didate from the Highlands region, Congress Party was leading. Somare’s renowned for its traditional male National Alliance Party came to dominance in politics. accept that they would not be a major After winning her seat, the new force in the formation of the govern- Lae Open member, Minister for Com- ment in this election. On 3 August munity Development Loujaya Toni 2012, O’Neill was elected prime declared that the bill for the twenty- minister by an unprecedented par- two reserved seats for women in Par- liamentary majority, which included liament would not be supported by the five members who crossed the floor of government (see Kantha 2011, 498). Parliament from the rival group led by Toni told Parliament that women former Deputy Prime Minister Belden had to prove that they could compete Namah. O’Neill mustered a total with men in politics and that there of 94 votes, while only 11 members was no place for women to have easy stood with Namah. Meanwhile, three entry into Parliament (The National, regional seats of Goroka, National 22 Nov 2012). There were mixed reac- Capital District, and Chimbu were yet tions from women, with some express- to be declared (The National, 4 Aug ing support for Toni’s announcement. 2012). The National Council of Women, The 2012 national election was also who, with the support of the United the first in the history of the coun- Nations in Papua New Guinea, had try that saw three female candidates campaigned for the reserve seats for elected to Parliament. When Dame almost five years, knew that there was , former minister for com- little they could do without a political munity development and lone female champion in Parliament. member of Parliament, announced Eastern Highlands Province Gover- that she would not re-contest the nor Julie Soso, another female member Moresby South electoral seat in the of Parliament, announced plans to elections, there was growing melan- introduce a bill to outlaw polygamy in choly that there would be no female the country, saying that polygamous representative in the highest decision- marriages, a cultural practice in most making arena. Many anticipated that parts of the Highlands region, are not the country might not see another conducive to women making their female member of Parliament for a own decisions (The National, 11 Dec long while because of the male chau- 2012). Women and civil society groups vinism in PNG politics. in the country welcomed the proposal, However, it was not by sheer luck with some members vowing to sup- but by their own merit that the coun- port the bill in Parliament. Although try for the first time had three female the practice is diminishing, it is still Parliamentarians after the counting one of the major causes of gender- came to a close in the Sohe Open seat, based violence in many parts of the the Lae Open seat, and the Eastern country. Highlands Regional seat. It was not Sir , former prime only the first time to have three female minister and member for Moresby members in a single Parliament but North West, also announced his also the first to have a female can- retirement from politics and did not political reviews ‡ melanesia 409 re-contest his seat. Mekere had first ate dealing with national issues (The been elected to Parliament in 1997 National, 20 July 2012). Regrettably, and retained his seat in the 2002 the people of Angoram will have to election before splitting with the go to the polls again, as their new –led People’s Democratic member, MP Schulze, passed away Movement Party to form the new after a long illness on 8 March 2013. PNG Party. Mekere led the country Schulze spent only six months in as prime minister from 1999 to 2002. office; the Angoram Open seat is now In 2011, Mekere handed the leader- vacant pending an announcement ship of the PNG Party to Member for from the Electoral Commission for a Vanimo-Green Belden Namah. Mekere by-election. said that he is stepping down to make The youngest person elected to way for young leaders to take over Parliament was Member for Ambunti- and run the country (Post-Courier, Drekikir Ezekiel Anisi, who claimed 9 May 2012). to be twenty-five years old. Anisi is Prominent among those who the son of former Secretary-General of contested but lost their seats in the People’s Progress Party Alex Anisi. the elections were Member for The party is now under the leadership Angoram Arthur Somare, Mem- of former Prime Minister Sir Julius ber for Lae Open Bart Philemon, Chan. However, former Member for Morobe Regional Member Luther Ambunti-Drekikir Tony Aimo dis- Wenge, Member for Wabag Sam Abal, puted Anisi’s election win, claiming Madang Regional Member Sir Arnold that he was under the mandatory age Amet, and Member for Sinasina- of twenty-five and did not have his Yongumugl and Speaker of Parlia- name registered on the common roll at ment Jeffery Nape. the time of voting and was therefore Soon after his election loss, Nape ineligible to contest the elections. In was arrested by the Task Force Sweep, October, the court ruled in favor of a government-endorsed corruption Aimo, declaring the election of Anisi investigation body, for allegedly null and void; Aimo was thus returned misusing K5 million. He was arrested to Parliament. The court found that just after leaving the courthouse on a Anisi was underage when he stood for separate bribery charge for offering elections (Post-Courier, 25 Oct 2012). K30,000 to a rival candidate in the Anisi was the first member of Parlia- Sinasina-Yongumugl seat to induce ment in the 2012 elections to lose his him to step aside (The National, seat in the Court of Disputed Returns. 18 Sept 2012). Both cases are still Given the widespread problems pending. with the electoral roll and other Arthur Somare was a key player in illegal practices in the elections, an the government led by his father, Sir unprecedented 80 members—almost , under the National two-thirds of Parliament—had their Alliance Party. After his loss to former election wins challenged. As the dead- MP Ludwig Schulze, Somare admit- line for filing disputes came to a close ted that he did not do enough for in September, there were a record 105 his electorate and that he had spent election petitions registered with the a lot of time away from the elector- Court of Disputed Returns. (A few 410 the contemporary pacific ‡ 25:2 (2013) election wins have been challenged engagement of Chinese firm Huawei a number of times by different peti- Technologies as the lead contractor to tioners, hence the higher number of establish a national electronic identifi- disputes than the number of members cation card system for us$76 million of Parliament who were challenged.) (k228 million). The minister added To prove that he could only be that the funding would come from removed from Parliament by his the government’s us$3 billion loan constituents and not by Parliament, arrangement with the Export-Import forty-four-year veteran politician Sir Bank of China (Post-Courier, 1 Nov Michael Somare re-contested his East 2014). Due to security concerns raised Sepik Regional seat. As anticipated, by the United States Congress about Somare won the election with an over- Huawei and its affiliation with the whelming majority. Most of the votes Chinese government and military (bbc were characterized as “sympathy” News 2012), there is already skepti- votes, since East Sepik Province voters cism about engaging the firm in a were infuriated by the way Somare sensitive exercise such as the biometric had been dismissed from Parliament. system for PNG elections. After winning reelection, in November During the period of political 2012, Somare passed on the leader- impasse it was obvious that a key ship of the National Alliance Party institution, the Ombudsman Commis- to Patrick Pruaitch, the new forests sion, which enforces the Leadership and climate change minister (Sunday Code and scrutinizes the actions of Chronicle, 4 Nov 2012). The results leaders, was very silent. This unfor- of the election saw the National Alli- tunately was largely due to the chief ance Party lose its dominance after ombudsman being very ill and unable being in power for two consecutive to perform his duties. The country lost terms. Since it did not secure enough Chief Ombudsman Chronox Manek members to form a government, the on 1 October 2012 after a period of National Alliance Party surprisingly hospitalization. Manek, who was joined in coalition with other parties always very vocal on corruption, had to support Peter O’Neill’s People’s previously escaped an assassination National Congress Party, which then attempt in 2008. formed the government. In November, Prime Minister Given the widespread disenfran- O’Neill announced that the cabinet chisement of citizens and irregularities was considering approving a proposal seen in the elections, there is now a to amend section 145 of the consti- strong call for the introduction of a tution that would extend the grace biometric system for the next elec- period before a vote of no confidence tions. National Planning and Monitor- is allowed from 18 months to 30 ing Minister Charles Abel announced months after Parliament is seated. that Papua New Guinea will use the According to O’Neill, 30 months biometric identification card system in (equivalent to half of a five-year term the 2017 elections to avoid the elec- of Parliament) would give the govern- toral roll and double voting problems. ment sufficient time to implement He further stated that the National its policies and development agenda Executive Council has approved the (Post-Courier, 2 Nov 2012). Since political reviews ‡ melanesia 411

1975, votes of no confidence have everyone was happy with this latest resulted in governments having very visit, including former Prime Minister short tenure, averaging around two Somare, who expressed dismay at his years. This consequently has led to exclusion from the official ceremo- political instability affecting continu- nial program, saying that it showed a ity in major developmental projects lack of respect and common courtesy as well as disrupting the delivery of on the part of the PNG government goods and services. (Sunday Chronicle, 4 Nov 2012). Political parties play a major role During a meeting at Alotau in in PNG politics by endorsing and Milne Bay Province, which led up to funding candidates during elections. the formation of the People’s National However, they are still very loose enti- Congress–led government, coali- ties, with most parties mushrooming tion partners signed a key govern- during election periods and ceasing to ment development blueprint called exist after the elections. According to the Alotau Accord. In the November Dr Norman Kelly in a 2012 election- budget session of Parliament, the debriefing workshop for political government allocated k753 million party officials, Papua New Guinea to the development budget, per the needs strong political parties that are Alotau Accord commitments. The administered by professionally trained development budget is mostly for officers who comply with the Organic infrastructure maintenance and design Law on the Integrity of Political Par- work throughout the country. The ties and Candidates and electoral laws, government’s spending on education in addition to providing leadership also increased by k483.5 million to for party members and PNG citizens. K1.8446 billion under the 2013 budget The officers should also ensure that (The National, 23 Nov 2012). parties have a strong membership base During the year, one of the big- and be able to provide coherent policy gest environmental debates was that alternatives to voters at election time concerning deep-sea mining. Besides (Post-Courier, 16 Nov 2012). With the the multibillion-dollar lng project, political culture in Papua New Guinea, deep-sea mining is a new frontier that especially in the rural localities where has gained interest from other coun- people vote along personal, tribal, and tries such as the United States. Civil ethnic lines, voting for party policies society groups, customary landowners, will take a while to materialize. academics, university students, and the An important and memorable general public argue that the environ- event toward the end of the year was mental costs of deep-sea mining are the royal visit by Prince Charles and unknown and could be catastrophic. Camilla, Duchess of Cornwall. They However, prospective developer arrived in the country on 3 November Nautilus Minerals Inc of Canada, to a rousing welcome for a three-day which has spent millions of dollars visit. (This was Prince Charles’s fourth exploring the sea floor of the Bismarck visit to Papua New Guinea. The first Sea, is adamant about mining the sea- was when he was seventeen years bed, despite concerns raised about the old, as a pupil in Geelong Grammar environmental consequences of mining School in Melbourne, Australia.) Not on marine ecosystems. 412 the contemporary pacific ‡ 25:2 (2013)

In 2011, the government granted Contravening the requirements for the world’s first deep-sea mining lease citizenship under Papua New Guinea’s to Nautilus Minerals for the develop- Citizenship Act—which, among other ment of its Solwara 1 project in the things, requires a foreigner to be a Bismarck Sea. The mining lease was majority business owner, have signifi- granted for an initial twenty-year cant investments in the country, or term, and the PNG government exer- have lived in Papua New Guinea for cised an option to take a 30 percent ten years or more—Tjandra, while stake in the Solwara 1 project as a seemingly evading prosecution for joint-venture partner. Currently, the embezzlement in Indonesia, was flown government is in an ongoing dis- into Papua New Guinea and immedi- pute with Nautilus over whether the ately given citizenship on the illogical company has fulfilled its obligations basis that it was anticipated that he under the lease agreement. In Novem- would make future investments in the ber, Nautilus announced that it was country. suspending operations because it had Police Minister Nixon Duban con- not resolved the dispute with the gov- firmed that Tjandra was an Interpol ernment and could no longer continue fugitive and that, as a member of to fund the entire project without the that international police organiza- expected PNG government capital tion, Papua New Guinea was obliged infusion (Nautilus Minerals Press to detain and deport him. Questions Release, 13 Nov 2012). about why this did not happen were Ironically, Papua New Guinea is a raised in Parliament by Governor member of the Coral Triangle Initia- for Oro Gary Juffa. The Office of tive, which in 2009 adopted a ten-year the Attorney General was tasked by Regional Action Plan to protect coral the prime minister to investigate the reefs and other marine ecosystems. manner in which Tjandra was granted Issuing environmental permits for PNG citizenship (The National, Nautilus to do deep-sea mining in 23 Nov 2012). the Bismarck Sea contradicted the The reopening of the Manus Island agreement under the Coral Triangle asylum seekers’ detention center Initiative and undermined the role became another contentious issue in of the Department of Environment 2011 and in the early part 2012 when and Conservation as the regulator of the Australian government announced environment in Papua New Guinea its intention to consider Manus Island (Post-Courier, 13 Nov 2012). as an option to deal with the influx of One of the most controversial cases boat people. A detention facility was on the list of high-profile scandals in first established in Manus in 2001 the country occurred when the Citi- under the John Howard government’s zenship Advisory Committee, chaired Pacific Solution and was closed in by the former Minister for Foreign 2005 after completing the processing Affairs and Immigration Ano Pala, of asylum seekers held there. bestowed PNG citizenship on an Indo- National Capital District Governor nesian citizen—alleged fugitive Djoko Powes Parkop, who is originally from Tjandra—through a dubious process. Manus Province, publicly opposed political reviews ‡ melanesia 413 the idea as a fundamental breach of being informed and consulted (The human rights to keep people under National, 23 Nov 2012). detention. The Manus Provincial A report from a study published by Government, on the other hand, was the Asian Development Bank (adb) excited by the economic opportunity was not well received by the boards that the Regional Processing Center of some of the state-owned enterprises would bring to the province. However, (soes) in Papua New Guinea, particu- the provincial government’s concur- larly the National Development Bank. rence came with a list of economic The adb study highlighted the fact expectations and demands. Former that PNG soes absorbed an estimated Governor of Manus Michael Sapau k700 million in direct government expressed his opinion that major infra- transfers during the financial years structure development such as bring- 2002–2009, against which they gener- ing the airport up to international ated a net profit of k500 million and standards, rehabilitating schools, of which only k23 million was paid to improving roads, and upgrading the the treasury in the form of dividends public hospital must be carried out in (adb 2012). The PNG soes are Air return for reopening the center (The Niugini, Bemobile, Motor Vehicle National, 26 May 2011). Insurance Ltd (mvil), National Devel- In September, a memorandum of opment Bank, Eda Ranu, PNG Ports understanding was signed between Corporation, PNG Post Ltd, PNG Papua New Guinea and Australia for Power Ltd, Telikom PNG Ltd, and the transfer and processing of asy- Water PNG. lum seekers on Manus Island. PNG The study assessed the impact of Minister for Foreign Affairs Rimbink the soes on the PNG economy and Pato and Australian Trade Minister revealed that while they had produced Dr Craig Emerson signed the agree- net profits that were in the upper ment to build on existing strong range of the soe portfolios they had and cordial relations, stating that benchmarked, they had done so at a the importance of combating people substantial cost to the government in smuggling and irregular migration terms of ongoing fiscal transfers and in the Asia-Pacific region is a shared other subsidies. The study recom- objective. The Regional Processing mended that reforming SOEs in Papua Centre on Manus Island is seen as a New Guinea by placing them on a deterrent to people smugglers (The fully commercial and transparent National, 10 Sep 2012). Locals in footing would enable them to make Manus were frustrated by not being a positive contribution to inclusive informed about issues surrounding economic growth (adb 2012). the presence of the asylum seekers in The findings of the study were their province and wanted contracts refuted by the National Develop- for services such as catering, security, ment Bank, which claimed that it building, and general labor opportu- significantly improved operations and nities to be given to them. The locals generated profits under the former threatened to close the asylum seek- managing director and now member ers’ center because they were not of Parliament for the Yangoru-Saussia 414 the contemporary pacific ‡ 25:2 (2013) electorate, Richard Maru. The study promise with Somare in exchange for is timely, as most of the soes have the National Alliance Party becoming become complacent over the years a coalition partner in the government. and need to improve not only in terms As the political impasse led to divi- of generating profits but also, most sions within the key state institutions, important, in terms of service delivery it is also imperative to amend relevant at a reasonable cost to customers and legislation governing the police and the general public. defense force as well as the public In September, Treasury Minister service to ensure their neutrality in the Don Polye announced that Papua event of major political discord. New Guinea’s domestic and foreign Second, there is a conspicuous trend debt stood at k7 billion and that the of the lack of government attention Department of Treasury is reviewing to matters of national security and the country’s debt-management strat- violation of state sovereignty. Over the egy to maintain it at a manageable past few years, Papua New Guinea has level. However, Papua New Guinea been labeled akin to a transnational continues to borrow, particularly from crime haven for providing political China, to fund its budget deficit. The protection to international fugitives. government announced that it would It is important for the government to be looking at both domestic and inter- swiftly and effectively deal with the national financial markets to borrow Tjandra citizenship scandal and to k2.6 billion to fund the budget deficit penalize politicians and government (Nicholas 2012). ministers responsible for abusing A number of challenges remain national laws, compromising national for Prime Minister O’Neill and his security for personal interest and gain. government in his first term. First and The government must be commit- foremost is the urgency of settling ted to and seen to be serious about the question of the supremacy of the combating corruption, not only in the constitution and Parliament. Doing public service bureaucracy but also in so would more clearly define their the political ranks. respective jurisdictional powers and Third, improvement of the elec- authority in order to avoid another toral roll management, voter regis- political impasse in the future. Regret- tration and identification, and the tably, the Supreme Court reference by implementation of a biometric system the East Sepik Provincial Government must begin immediately to ensure on the legality of the then O’Neill- the success of elections in 2017. It is Namah government was withdrawn in necessary also to revitalize the Elec- February 2013, effectively diminishing toral Commission by restructuring the any chance of a firm and final legal institution and building the capac- opinion on the issue. Further reducing ity of its managers. A key aspect of the likelihood of any resolution of the the change must come from a review question, the controversial amend- of the obsolete Organic Law on the ments to the Prime Minister and National and Local Level Government National Executive Council Act and Elections. The electoral law must be the Judicial Conduct Bill were repealed brought up to date with the chang- by Parliament, supposedly as a com- ing practices and political and social political reviews ‡ melanesia 415 dynamics in the society. A caveat -a-dictatorship/story-e6frea8l is that the engagement of Huawei -1226306794623 [accessed 28 Feb 2013] Technologies in the development of bbc News. 2012. Huawei and zte Pose a biometric system must be reviewed Security Threat, Warns US Panel. 8 Octo- carefully and preference be given to a ber. http://www.bbc.co.uk/news/business company that has working experience -19867399 [accessed 28 Feb 2013] and knowledge of implementing a Commonwealth Secretariat. 2012. biometric system. Commonwealth Observers’ Interim The new thirty-month grace period Statement on Papua New Guinea’s augurs well for political stability, National Elections. 11 July. http://www continuity, and the commitment of .thecommonwealth.org/news/248442/ the government to adequately and 110712pnginterim.htm [accessed 28 Feb effectively implement its goals set out 2013] in the Alotau Accord. Political stabil- Kantha, Solomon. 2010. Melanesia in ity and continued economic growth Review: Issues and Events, 2009: Papua are paramount, and the government New Guinea. The Contemporary Pacific must ensure it does not devolve into 22:448–459. a “kitchen cabinet,” given that a _____. 2011. Melanesia in Review: Issues majority of the coalition partners are and Events, 2010: Papua New Guinea. remnants of the previous government. The Contemporary Pacific 23:491–504. There must be wider consultation and The National. Daily. Port Moresby. involvement of all relevant stake- http://www.thenational.com.pg holders in any major legislative and decision-making process. Nautilus Minerals Inc. http://www.nautilusminerals.com/ solomon kantha [accessed 20 March 2013] The views expressed in this review Nicholas, Isaac. 2013. PNG to Borrow are those of the author and do not $1.2 Billion to Cover Budget Deficits. represent those of his employer, PNG Post-Courier, 6 February. Archived the International Organization for at Pacific Islands Report: http://pidp .eastwestcenter.org/pireport/2013/ Migration. February/02-06-01.htm [accessed 15 March 2013] References PNG Industry News. 2012. I Want to Be pm: Namah. 11 May. http://www adb, Asian Development Bank. 2012. .pngindustrynews.net/storyview.asp Finding Balance: Benchmarking the ?storyid=8683242§ionsource=s214 Performances of State-Owned Enterprises [accessed 28 Feb 2013] in Papua New Guinea. September. Manila: adb publishing. Post Courier. Daily. Port Moresby. http://www.postcourier.com.pg adelaidenow. 2012. PNG Turning into a Dictatorship. 22 March. http://www Sunday Chronicle. Weekly. Port Moresby. .adelaidenow.com.au/png-turning-into http://www.sunday-chronicle.com