human rights – Pacific Institute of Public Policy http://pacificpolicy.org Thinking for ourselves Thu, 11 Apr 2019 10:48:07 -0700 en-GB hourly 1 https://wordpress.org/?v=4.9.15 The long journey – political acceptance of women http://pacificpolicy.org/2016/03/the-long-journey-political-acceptance-of-women/?&owa_medium=feed&owa_sid= http://pacificpolicy.org/2016/03/the-long-journey-political-acceptance-of-women/#comments Tue, 01 Mar 2016 22:12:33 +0000 http://pacificpolicy.org/?p=9337 My journey started in 2008, when I sought the endorsement of community leaders in my home island of Tanna to contest the Vanuatu provincial elections. I didn’t get their approval. I was told it is against kastom for women to be in parliament, and that I wasn’t prepared to take up such a challenge. I tried again in 2012, this time paying my candidate fee without the approval of the community chief. When the community leaders learnt of this, they organised a meeting to stop me from contesting. They asked that I give up my candidate fee to a male candidate of their choice, promising in return that they would support me in the 2016 national general election. I respected their decision and gave my ticket away. Their male candidate failed to win.

In 2015 cyclone Pam devastated Vanuatu, with Tanna being one of the worst-hit islands. Women bore the brunt of the devastation, forcing them to seek out new ways to survive. A realisation began to dawn that it was time for them to stand up and speak for themselves. After numerous meetings with women groups, the first ever Tanna Women’s Forum was held in October 2015. Over 1,200 attended the meeting where women demanded change to a political system that held them down, tied them in poverty, and gave them no opportunity to speak out. It was a breakthrough moment as many of these women have lived under threat all of their lives.

we shall continue to seek the empowerment of women to a level where they can think and speak for themselves

The women put their heads together and agreed it was time someone took the lead. I was nominated. The women agreed that I would contest the next general election scheduled for late 2016. Just days later the government announced a snap election, effectively wiping out our time to put together an election campaign. We moved ahead anyway with membership numbers now standing at 3,700. We had much confidence that we would secure one of the seven seats in the Tanna open constituency.

With very little time to prepare, I took on the challenge with much confidence. That as a solid membership of women we could succeed, and that even if we failed to win a seat, we would learn valuable lessons from the snap election experience that would better prepare us for the next general elections in 2020. I had so much confidence. I wasn’t thinking of losing; our hopes based on the registration figures signed by women across the island.

Crossing controversial territory

The first obstacle was informing community leaders of our decision to field our own candidate – a woman. Working with a chief that I have close ties to, a community meeting was arranged whereby I would declare and launch my candidacy. No one uttered a word, except a female friend who stood up, and much to my surprise, said ‘I am not in support of women being electoral representatives in parliament, and I am also against the policy of reserving seats for women’. I took this understandably as coming from someone speaking from her heart, but it also confirmed that the notion that women ‘do not belong in parliament’ were not held by men alone.

With no financial backing (other than two small personal contributions totalling 15,000 vatu) I had to dig into my own pockets to fund the campaign. I must say the election process is very expensive, with transportation in Tanna costing 20,000 vatu per day. We hired six public transport vehicles for the campaign.

We managed to visit (and revisit in some cases) 19 communities, speaking with roughly 700 men and women. Our slogan was Hemi Taem! (It is time!).

Taking centre stage during the campaigns was the most challenging. The questions and comments raised by communities were not difficult to answer, but there were also tricky ones coming from those who perceived us to be defying kastom.

‘You have not killed a fly or an ant, how can you prove that you can work like men in parliament. You are nothing but a woman.’

‘Our custom and culture perfectly points out your place – which is to look after the children, and mine (male speaking) is to do the talking. Where is your respect for this kastom? Are you from Australia that you don’t know our kastom? Who has given you this right to contest?’

‘Maybe we can vote for you in the provincial council election, but not to parliament.’

‘Our fear right now is the domestic violence law; we do not want our women to take those laws into their own hands.’

‘We don’t want to vote for women, because we don’t want women to have the right over us men.’

‘We don’t want our women to vote for women. If they do, we will divorce them.’

In a lot of places, prior to our campaign meetings, there would be community meetings most held in the nakamal where ‘consensus’ was often reached for all community members to vote for a particular candidate. In some cases, I wasn’t allowed to go and campaign – even to speak to just the women. In one case, some women called me and said, ‘Mary, please don’t come to our community as you will not be allowed to speak here’.

Discrimination and the threat of violence

The campaign revealed that culture is a main contributor to the limitation of woman’s influence in politics. I’ve seen how a lot of people are reluctant to vote for a woman. We did not receive discrimination from men alone, but women also. The discrimination we received was more on emotional violence. Discrimination against women in the society was very obvious at the time of campaigning and we observed how discrimination was somewhat based on a woman’s age, her marital status, her level of education and economic status. And as such, a woman may not be considered to be valuable or worthwhile if she does not fit the collective representation of both men and women.

Personally, I was able to endure a male-dominated political campaign period, but stories of threats of violence experienced by some women have just been unbearable. There are many of such accounts, ones that I share with a sad heart. This is one woman’s account of the threat she received from her partner the night before the poll.

I was already in bed pretending I had fallen asleep for some hours, but my husband came up and woke me up. He held a knife to my throat and demanded that I tell him who I was going to vote for. I was so afraid, I did not speak. He told me to speak or else he would beat me. I started crying. I was short of breath and was shaking. I cried out, “please help me … someone listening outside, please help me!” But nobody came to my rescue because they were afraid of my husband. He pushed me down, punched me again on my stomach and head, and said he was giving me a chance to speak or else he would beat me up. He knew of my intention to support women in this election. I begged him to let go of my throat or I was going to die, and I promised him that I was going to vote for the candidate of his choosing.

Another woman also had a similar story.

I saw you talking with those women, but I have stated clearly stated my rules and you have to follow them. We are going to vote for a male candidate and not for any woman. If you fail my words and I find out the numbers at our polling station, I will make you pay for it.

Other women were reportedly threatened by their partners to show candidate photos after they had casted their votes to prove they voted for a particular candidate. In some polling station, men threatened to divorce or physically torture their wives if results showed a significant number of women’s votes from that particular polling station.

A way forward

Political parties, as we know, are the most important institutions affecting women’s political participation. Even though our group knew we could have more support (moral and financial) from political parties if we ran under one of them, we still made the hard choice of running as an independent candidate. We had a few reasons for this, with the main one being that bigger political parties filed their candidates in advance, leaving no space for women to contest under their ticket. Secondly, women still have a long way to learn about the processes and lobbying involved in politics.

In spite of the challenges women continue to face, I see a new generation of powerful women flourishing in Tanna. Women with a strong sense of identity and power. Through our journey, many have come to understand that participation in the electoral processes involves much more than just voting. It is time to exercise the democratic rights that have either been ignored or violated over the last 36 years. Through our journey in politics, many have come to appreciate that through political participation women can have the freedom to speak out for the first time in the island’s history, which they’ve done through campaigning, assembling, associating and participating.

I have seen the power of ordinary women who have stood up against injustices to say they are tired. I have seen the faces of those who shed tears because of so much ill-dealing and threatening within their homes and communities. We have started a journey where we will continue to celebrate the united power of women who have taken the first steps to uncovering the multiple forms of discrimination and injustices. We shall continue to seek the empowerment of women to a level where they can think and speak for themselves.

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Media challenges in a digital world (part 2) http://pacificpolicy.org/2015/11/media-challenges-in-a-digital-world-part-two/?&owa_medium=feed&owa_sid= Fri, 13 Nov 2015 00:32:50 +0000 http://pacificpolicy.org/?p=8767 This is part of a keynote address by Pacific Media Center director Professor David Robie at the recent USP journalism awards. Part one of this blog was published last week. The following is part two:

While there appear to be far more democracies in the world than ever before, the CPJ’s executive director Joel Simon says there is a sinister new threat.

And this is in some respects more troublesome than the old style dictatorships. Simon describes this new scourge in a recent book, The New Censorship: Inside the Global Battle for Press Freedom, as the ‘democratators’, those leaders who profess to be democratic but are actually subverting their mirage of open governance. As Simon says:

“What are these differences between dictators and democratators? Dictators rule by force. Democratators rule by manipulation. Dictators impose their will. Democratators govern with the support of the majority. Dictators do not claim to be democrats – at least credibly. Democratators always do. Dictators control information. Democratators manage it.”

Simon points out that democratators win elections yet while they may be free, they are not really fair, meaning they are decided by fraud.

He has a growing list of leaders that fit this label, including Latin American “populists” like Rafael Correa of Equador and Daniel Ortega of Nicaragua, “European backsliders” like Viktor Orban of Hungary and Viktor Yanukovych, the deposed former president of Ukraine, and African leaders such as Paul Kagame of Rwanda and Jacob Zuma of South Africa.

Also high on Simon’s list of media threats is the way terrorism has impacted on how big media groups currently go about their global news-gathering. Conscious of the ever-present threat of ritualised kidnappings and bombings, journalists are sometimes forced to report from bunkers and are less enthusiastic about meeting uncertain sources in case they might be abducted.

‘there is a sinister new threat’

Even the appearance of journalists sometimes makes them look like an extension of the military – with helmets, flak jackets and camouflage fatigues. This accentuates their targeting by fundamentalist groups who regard them as an extension of the ‘state’.

China is the elephant in the room when it comes to freedom of information. While China’s leaders embrace the internet, they believe they can, and ought to, control the web. It is clear that China has the technological means and resources to make internet control a reality.

Chinese authorities use monitoring and filtering to keep a lid on the cyberspace “conversation” to prevent repercussions.

United States responses to the Wikileaks scandal in 2013 and the massive surveillance revelations by Edward Snowden encouraged allegations of hypocrisy from critics pointing out that Washington’s commitment to internet freedom dragged when its own geopolitical interests appeared threatened.

Earlier this month, I had the good fortune to be in Brussels as one of the people giving feedback at a stakeholders meeting for a massive European Union-funded research project on the media reporting on six major violent conflicts around the world, including the Syrian civil war and conflict in Burundi.

While there I happened to pick up a new “Euro” style newspaper called Politico, which steered me to a remarkable media development in Spain with the headline “He brings news of the future”

“Who was he?” asks the subeditor in me when it was always drummed into us to have a name in the headline. (The online version changed the headline).

This was the story of Pedro J. Ramírez, one of the leading editors in Spain, who had been in charge of El Mundo for 24 years. But he was sacked by his newspaper’s owners.

Why? Because under his leadership, El Mundo pursued a robust investigation into corruption implicating the governing Popular Party and the Prime Minister [Mariano Rajoy].

When he was fired, Ramírez used his massive €5.6 million pay-out to help fund a new online newspaper, El Español. His pay-out plus record-breaking crowdfunding doubled what had been previously raised by a new Dutch publishing venture, De Correspondent.

Another interesting success story has been in France, where investigative journalist Edwy Plenel, famous for his Rainbow Warrior bombing investigation in 1985 for Le Monde, founded Mediapart.

He has assembled a team of some 60 journalists and his fearless brand of investigative journalism is shaking up the establishment.

Even in New Zealand, where the mediascape is fairly dire with hundreds of jobs cut in recent years—and a loss of 180 jobs in a recent shake-up at Fairfax New Zealand, the country’s biggest news publisher, there are stunningly innovative things happening.

The main independent New Zealand media group Scoop Media – and we at AUT’s Pacific Media Centre have a partnership project with them, Pacific Scoop – has launched a new crowdfunding business model and established a Scoop Foundation for Public Interest Journalism. The inititiative by Selwyn Manning in launching Evening Report web portal has also been significant.

This brings me to the achievements of the University of the South Pacific and its talented new crop of graduates. Close to 200 USP journalism graduates are now contributing to the Fiji and the Pacific region’s media and related careers.

Through its long-standing award-winning newspaper Wansolwara – now 19 years old, surely a remarkable accomplishment for any journalism school in the Australasian and Pacific arena, the student journalists have played an important role in independent, engaging and truth-seeking journalism.

Personally, I shall always remember with pride my experiences with USP and Wansolwara over the five years I was with the campus – the longest by far of any expatriate educator. Wansolwara was founded by student editor Stan Simpson and lecturer Philip Cass. And Pat Craddock of the USP Media Centre was another key person in building up the programme.

One of the highlights for me was the reporting of the George Speight coup in May 2000 by the courageous USP students. They won many awards for this.

It was thanks to the groundwork and experience that I gained at both USP and previously UPNG as a journalist turned academic that I was able to go to the next level at the Pacific Media Centre.

There I have been able to blend some of the best elements of academic media studies and practical journalism that makes a difference.

A tribute too to Dr Shailendra Singh and his team, Irene Manarae, Eliki Drugunalevu and Dr Olivier Jutel. Shailen was recently the first home-grown academic at USP to gain a PhD in journalism at the University of Queensland with the first major survey of the Fiji mediascape for more than a decade. Congratulations Shailen for a very fine thesis!

My concluding message to graduating student journalists is that no matter what government, political or industry pressure you face, you should hold on strongly to your core values of truth, accuracy, honesty and courage in the public interest.

Our communities deserve the best from their media in these deceitful times. University media are among the few that can still be trusted and they should do their best to contribute to democracy with integrity.

So go for it and change the world to the way it should be!

Caption: Pacific media cover a Pacific Island Forum summit in Vanuatu, 2010. Photo: Ben Bohane/wakaphotos.com

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Media challenges in a digital world (Part one) http://pacificpolicy.org/2015/11/media-challenges-in-a-digital-world/?&owa_medium=feed&owa_sid= http://pacificpolicy.org/2015/11/media-challenges-in-a-digital-world/#comments Fri, 06 Nov 2015 00:49:17 +0000 http://pacificpolicy.org/?p=8711 As I started off these awards here at the University of the South Pacific in 1999 during an incredibly interesting and challenging time, it is a great honour to return for this event marking the 21st anniversary of the founding of the regional Pacific journalism programme.

Thus it is also an honour to be sharing the event with Monsieur Michel Djokovic, the Ambassador of France, given how important French aid has been for this programme.

France and the Ecole Supérieure de Journalisme de Lille (ESJ) played a critically important role in helping establish the journalism degree programme at USP in 1994, with the French government funding the inaugural senior lecturer, François Turmel, and providing a substantial media resources grant to lay the foundations.

I arrived in Fiji four years later in 1998 as Head of Journalism from Papua New Guinea and what a pleasure it was working with the French Embassy on a number of journalism projects at that time, including an annual scholarship to France for journalism excellence.

These USP awards this year take place during challenging times for the media industry with fundamental questions confronting us as journalism educators about what careers we are actually educating journalists for.

When I embarked on a journalism career in the 1960s, the future was clear-cut and one tended to specialise in print, radio or television. I had a fairly heady early career being the editor at the age of 24 of an Australian national weekly newspaper, the Sunday Observer, owned by an idealistic billionaire, and we were campaigning against the Vietnam War.

Our chief foreign correspondent then was a famous journalist, Wilfred Burchett, who at the end of the Second World War 70 years ago reported on the Hiroshima nuclear bombing as a “warning to the world”.

By 1970, I was chief subeditor of the Rand Daily Mail in South Africa, the best newspaper I ever worked on and where I learned much about human rights and social justice, which has shaped my journalism and education values ever since.

I travelled overland for a year across Africa as a freelance journalist, working for agencies such as Gemini, and crossed the Sahara Desert in a Kombi van. It was critically risky even then, but doubly dangerous today.

Eventually I ended up with Agence France-Presse as an editor in Paris and worked there for several years. In fact, it was while working with AFP in Europe that I took a “back door” interest in the Pacific and that’s where my career took another trajectory when I joined the Auckland Star and became foreign news editor.

The point of me giving you some brief moments of my career in a nutshell is to stress how portable journalism was as a career in my time. But now it is a huge challenge for you young graduates going out into the marketplace.

You don’t even know whether you’re going to be called a “journalist”, or a “content provider” or a “curator” of news – or something beyond being a “news aggregator” – such is the pace of change with the digital revolution. And the loss of jobs in the media industry continues at a relentless pace.
Fortunately, in Fiji, the global industry rationalisations and pressures haven’t quite hit home locally yet. However, on the other hand you have very real immediate concerns with the Media Industry Development Decree and the “chilling’ impact that it has on the media regardless of the glossy mirage the government spin doctors like to put on it.

We had a very talented young student journalist here in Fiji a few weeks ago, Niklas Pedersen, from Denmark, on internship with local media, thanks to USP and Republika’s support. He remarked about his experience:

“I have previously tried to do stories in Denmark and New Zealand – two countries that are both in the top 10 on the RSF World Press Freedom Index, so I was a bit nervous before travelling to a country that is number 93 and doing stories there ….

“Fiji proved just as big a challenge as I had expected. The first day I reported for duty … I tried to pitch a lot of my story ideas, but almost all of them got shut down with the explanation that it was impossible to get a comment from the government on the issue.

“And therefore the story was never going to be able to get published.

“At first this stunned me, but I soon understood that it was just another challenge faced daily by Fiji journalists.”

This was a nice piece of storytelling on climate change on an issue that barely got covered in New Zealand legacy media.

Australia and New Zealand shouldn’t get too smug about media freedom in relation to Fiji, especially with Australia sliding down the world rankings over asylum seekers for example.

New Zealand also shouldn’t get carried away over its own media freedom situation. Three court cases this year demonstrate the health of the media and freedom of information in this digital era is in a bad way.

• Investigative journalist Jon Stephenson this month finally won undisclosed damages from the NZ Defence Ministry for defamation after trying to gag him over an article he wrote for Metro magazine which implicated the SAS in the US torture rendition regime in Afghanistan.

• Law professor Jane Kelsey at the University of Auckland filed a lawsuit against Trade Minister Tim Groser over secrecy about the controversial Trans Pacific Partnership (the judgment ruled the minister had disregarded the law);

• Investigative journalist Nicky Hager and author of Dirty Politics sought a judicial review after police raided his home last October, seizing documents, computers and other materials. Hager is known in the Pacific for his revelations about NZ spying on its neighbours.

there is an illusion of growing freedom of expression and information in the world, when in fact the reverse is true

Also, the New Zealand legacy media has consistently failed to report well on two of the biggest issues of our times in the Pacific – climate change and the fate of West Papua.

One of the ironies of the digital revolution is that there is an illusion of growing freedom of expression and information in the world, when in fact the reverse is true.

These are bleak times with growing numbers of journalists being murdered with impunity, from the Philippines to Somalia and Syria.

The world’s worst mass killing of journalists was the so-called Maguindanao, or Ampatuan massacre (named after the town whose dynastic family ordered the killings), when 32 journalists were brutally murdered in the Philippines in November 2009.

But increasingly savage slayings of media workers in the name of terrorism are becoming the norm, such as the outrageous attack on Charlie Hebdo cartoonists in Paris in January. Two masked gunmen assassinated 12 media workers – including five of France’s most talented cartoonists – at the satirical magazine and a responding policeman.

In early August this year, five masked jihadists armed with machetes entered the Dhaka home of a secularist blogger in Bangladesh and hacked off his head and hands while his wife was forced into a nearby room.

According to the New York-based Committee to Protect Journalists in figures released this year, 506 journalists were killed in the decade between 2002 and 2012, almost double the 390 slain in the previous decade. (Both Reporters Sans Frontières and Freedom House have also reported escalating death tolls and declines in media freedom.)

(To be continued next week…)

Caption: French Ambassador Michel Djokovic (third from left), Head of USP Journalism Dr Shailendra Singh (fourth from left) and Pacific Media Centre director Professor David Robie (fifth from right) with the prizewinners at the University of the South Pacific journalism awards. Image: Lowen Sei/USP

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The price tag for global engagement http://pacificpolicy.org/2015/08/the-price-tag-for-global-engagement/?&owa_medium=feed&owa_sid= Tue, 11 Aug 2015 06:09:44 +0000 http://pacificpolicy.org/?p=8352 Bad news travels just as quickly in small islands as it does in metropolitan centers. But it appears that bad news—“a problem”—is often more difficult to get a handle on in the islands, since addressing a problem means it first has to be acknowledged, and acknowledgement is usually about as welcome as a failing grade in school. For one thing, getting along in a small island, at least superficially, is a priority. So keeping disputes or problems muted and in the background is generally preferred, while at the political level this island custom is often used to avoid dealing with issues.

The overlay of western-style democracies on centuries old customary practices—that emphasize consensus and harmony, while frowning on openly voiced criticism and complaint—is an ongoing source of tension in many Pacific islands in this modern era. While customary practices of non-confrontation and indirectness may serve the interests of wily political leaders, today’s leaders are confronted with two norms now prevalent in the region: Local populations are, after more than 30 years of political independence, accustomed to democratic practices that include the free exercise of individual rights; and the digital age, in fact the remarkable leaps in connectivity over just the past five years, has generated a level of public information availability and scrutiny of government performance that is unprecedented.

In today’s world, there are global reports on sustainable development, doing business, trafficking in persons, freedom of the press and religion, climate action, money laundering and tax havens, government bankruptcy and debt, and more. They are all now easily accessible to anyone with an Internet connection. No longer can governments control the message, much as some may try. Perhaps more to the point, island governments that not only desire but actively seek benefits from engagement in the world community can, of course, cherry pick the advantages while ignoring the requirements of compliance to gain these benefits—but doing so means the country can suffer reputational risks or, in worst case scenarios, sanctions from other governments and aid agencies.

A couple of cases in point:

  • The Marshall Islands suffered the largest demotion of any Pacific nation in the recently released World Bank’s Ease of Doing Business report for 2015, dropping 25 points to a 139 ranking out of 189 countries evaluated. Likewise, the Marshall Islands was the only Pacific nation to be demoted to “Tier 3” (the worst level) on this year’s U.S. State Department Trafficking in Persons report. Whether or not all people reading these reports accept these findings—certainly governments in the spotlight often dispute them vociferously—these reports are in the public domain for anyone to read. And when a country is receiving multiple negative reports, disputing these reports is both futile and lacking in credibility. In the case of the Marshall Islands, when it was listed on the trafficking report’s “Tier 2 Watch List” last year for the second year in a row, the Foreign Minister called the report “BS.” This year, government officials simply did not comment publicly on the trafficking report. On a positive note, efforts to deal with improving capacity to legislate, investigate, prosecute and enforce acceptable standards related to human trafficking have moved into higher gear in recent months, largely as the result of U.S. State Department funding to the International Organization for Migration, which is spearheading collaborative work with Marshall Islands government agencies to address a checklist of problem areas that should move the country off Tier 3. The question that needs to be asked, however, is why did the Marshall Islands government allow it to happen when it has the experience—it successfully removed itself from a global money laundering blacklist over a decade ago and has remained in good standing because of ongoing engagement on the issue—to avoid the demotion?
  • The Nauru government’s actions over the past two years have hurt its reputation as a functioning democracy. Among other actions, it recently confiscated the passport of one member of parliament who is in the opposition, and suspended several MPs for speaking to international news media; it cut off access to Facebook for the country (joining such anti-democratic nations as Syria, China and Iran); deported or refused re-entry to two judges, fired its police commissioner, revoked a visa for the expatriate wife of an opposition MP, and made it difficult for opposition MPs to bring in Australian attorneys to represent them in court; and imposed a US$7,000 non-refundable application fee for journalists wishing to visit the island, effectively preventing journalists from covering developments in Nauru. Although these actions recently prompted both Australian and New Zealand leaders to speak with Nauru leaders about democracy issues at home, the Nauru government simply says these are domestic matters and it is following the rule of law. United Nations Special Rapporteur David Kaye, who visited the country earlier this year, had a different view, saying: “It should lift all restrictions to access Internet and social media, and facilitate access to the media in the country. Nauru should revise its course of action and take measures to fulfill its human rights obligations.”
Even the smallest of our islands need systems in place to promote democracy and accountability, and to reasonably ensure that illegal activities are not happening.

The governance picture is certainly not all bad news in the region. A number of island governments are improving their international reputations by adhering to global governance standards. Papua New Guinea, for example, was the only Pacific nation on “Tier 3” human trafficking status last year, and improved to “Tier 2 Watch List” this year. The Federated States of Micronesia, similarly, was on the “Watch List” last year, and improved its standing to “Tier 2” in 2015.

For the most part, these global rankings evaluate what systems governments have in place to foster what can be described as good governance or best practices. We may not think we have human trafficking or money laundering happening in our countries, but if we have no process for investigating and asking the questions, who can say for sure? No government in the region condones illegal practices, such as human trafficking, but obviously simply being against something is not an adequate response in today’s world where trafficking, terrorist financing and worse are global problems with local ramifications.

The island norm of not asking questions and refraining from open confrontation—generally a necessity for functional democracies—may be most extreme in atoll nations, where getting-along at all costs is simply a requirement of life. Still, even the smallest of our islands need systems in place to promote democracy and accountability, and to reasonably ensure that illegal activities ranging from money laundering to trafficking are not happening. And if they are discovered, there is a mechanism in place for action.

Prior to the Internet age reaching the Pacific and the ramp up in global awareness of best practice systems, most of the Pacific islands were literally on the outer fringes of world consciousness. Not many knew what was happening in our islands, and even fewer cared. Not so anymore. And as countries in our region sign up to international conventions and treaties, take sides at the United Nations on key issues of the day, demand action on climate, fishery and other challenges from developed nations, and seek donor aid for development, there is a price to pay, not so much in dollars and cents, but in government responsibility to meet global good governance standards and in the public obligation to hold our governments accountable for delivering the benefits of this international engagement to people in the community.

Photo: Ebon Atoll in the Marshall Islands, by Megan Coe.

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Beyond the Rainbow Warrior – the French Pacific catastrophe http://pacificpolicy.org/2015/07/beyond-the-rainbow-warrior-the-french-pacific-catastrophe/?&owa_medium=feed&owa_sid= Tue, 07 Jul 2015 03:17:26 +0000 http://pacificpolicy.org/?p=8051 France detonated 193 of a total of 210 nuclear tests in the South Pacific, at Moruroa and Fangataufa atolls, before halting them in 1996 in the face of Pacific-wide protests. On 10 July 1985, French secret agents bombed the Greenpeace flagship Rainbow Warrior in Auckland Harbour, killing photographer Fernando Pereira, in a futile bid to stop a protest flotilla going to Moruroa. A ni-Vanuatu citizen, Charles Rara, was on board. New Zealand journalist David Robie was on board the Rainbow Warrior for more than 10 weeks of its last voyage. His book Eyes of Fire tells the story and here he reflects about the Rainbow Warrior’s lasting legacy in the Pacific.

New Zealand wasn’t the only target of French special ops three decades ago. Nor was the Rainbow Warrior.

The attack on the Greenpeace environmental flagship 30 years ago was part of a Pacific-wide strategy to crush pro-independence movements in both New Caledonia and French Polynesia during the 1980s.

And Operation Satanique, as the Rainbow Warrior sabotage plan was aptly named, got the green light because of the political rivalry between then socialist President Francois Mitterrand and right-wing Prime Minister Jacques Chirac that pushed them into point-scoring against each other.

Although misleading and laughable as early New Zealand press reports were about who was responsible for the bombing on 10 July 1985 in Auckland Harbour – focusing on mercenaries, or the French Foreign Legion based in New Caledonia and so on – there was certainly a connection with the neocolonial mind-set of the time.

New Caledonia then had the largest military garrison in the Pacific, about 6000 French Pacific Regiment and other troops, larger than the New Zealand armed forces with about one soldier or paramilitary officer for every 24 citizens in the territory – the nearest Pacific neighbour to Auckland.


New Caledonia … highly militarised with French troops in the mid-1980s.  PHOTO: David Robie

New Caledonia … highly militarised with French troops in the mid-1980s.
PHOTO: David Robie


A small Pacific fleet included the nuclear submarine Rubis, reputed to have picked up one unit of the French secret service agents involved in Operation Satanic off the yacht Ouvea and scuttled her in the Coral Sea and then spirited them to safety in Tahiti.

A long line of human rights violations and oppressive acts were carried out against Kanak activists seeking independence starting with a political stand-off in 1984, a year before the Rainbow Warrior bombing.

Parties favouring independence came together that year under an umbrella known as the Front de Libération Nationale Kanake et Socialiste (FLNKS) and began agitating for independence from France with a series of blockades and political demonstrations over the next four years.


The bombed Rainbow Warrior in Auckland Harbour … not the only target of the French military. PHOTO: John Miller/Eyes of Fire

The bombed Rainbow Warrior in Auckland Harbour … not the only target of the French military. PHOTO: John Miller/Eyes of Fire


Melanesian activism
The struggle echoed the current Melanesian activism in West Papua today seeking political justice and independence from Indonesian colonial rule.

The Greenpeace tragedy was one of several happening in the Pacific at the time, and this was really overshadowed by the Rongelap evacuation when the Rainbow Warrior crew ferried some 320 islanders, plagued by ill-health from the US atmospheric mega nuclear tests in the 1950s, from their home in the Marshall Islands to a new islet, Mejato, on Kwajalein Atoll.


Rainbow Warrior crew helping Rongelap islanders board the ship for one of four voyages relocating them to Mejato islet in May 1985. PHOTO: David Robie/Eyes of Fire

Rainbow Warrior crew helping Rongelap islanders board the ship for one of four voyages relocating them to Mejato islet in May 1985. PHOTO: David Robie/Eyes of Fire


Over the next few years, after the start of the Kanak uprising, New Caledonia suffered a series of bloody incidents because of hardline French neocolonial policies:

  • The Hiènghene massacre on 5 December 1984 when 10 unarmed Kanak political advocates were ambushed by heavily armed mixed-race French settlers on their way home to their village after a political meeting. (Charismatic Kanak independence leader Jean-Marie Tjibaou lost two brothers in that ambush when almost all the menfolk of the village of Tiendanite were gunned down in one deadly night.)
  • The assassination of Kanak independence leader Eloï Machoro and his deputy, Marcel Nonaro, by French special forces snipers at dawn on 12 January 1985 during a siege of farmhouse at Dogny, near la Foa.
  • The infamous cave siege of Ouvea when French forces used a “news media” helicopter as a ruse to attack 19 young militant Kanaks holding gendarmes hostage, killing most of them and allegedly torturing wounded captives to death. The 11th Shock Unit carried out this attack – the same unit (known then as the Service Action squad) to carry out Operation Satanic against the Rainbow Warrior.
  • The human rights violations involved in this attack were exposed in the 2011 docudrama Rebellion (originally L’ordre et la morale) by director Mathieu Kassovitz, based on a book by a hostage negotiator who believed he could have achieved a peaceful resolution.
    [http://www.pjreview.info/sites/default/files/articles/pdfs/PJR18%282%29_Reviews_Rebellion%20pp212-216.pdf ]
  • France had its problems in Vanuatu too. Founding Prime Minister Father Walter Lini’s government expelled ambassador Henri Crepin-Leblond shortly before the election on 30 November 1987, accusing Paris of funding the opposition Union of Moderate Parties – a claim denied by the French.

French CRS special police confronting Kanak activists demanding independence in New Caledonia. PHOTO: David Robie

French CRS special police confronting Kanak activists demanding independence in New Caledonia. PHOTO: David Robie


Social scars
The social scars from these events affected France’s standing in the Pacific for many years. While relations have dramatically improved since then, it still rankles with both many New Zealanders and Greenpeace that Paris has never given a full state apology.

Interviewed on Democracy Now! recently, Rainbow Warrior skipper Pete Willcox, who is returning to New Zealand to captain the ship for a tuna fishing campaign, criticised the failure of France to apologise for being “caught red-handed” in state terrorism.

However, the American also delivered a strong warning about climate change – the main contemporary environmental issue.

Explaining his more than three decades of campaigning, Willcox said: “We know what climate change is doing. We’re the richest country in the world. We can support, if you will, a drought.

“Countries like in East Africa and other places of the world, Bangladesh, where it’s going to displace millions of people, can’t deal with it. And it’s coming.

“And it’s only coming because we’re not willing to change the way we produce energy, we make energy. We have the technology. We don’t have the will. And that’s just ridiculous.”

In January 1987, a year after my book Eyes of Fire was first published – four months before the first Fiji military coup, I was arrested at gunpoint by French troops near the New Caledonian village of Canala.

Tailed by agents
The arrest followed a week of me being tailed by secret agents in Noumea. When I was handed over by the military to local gendarmes for interrogation, accusations of my being a “spy” and questions over my book on the Rainbow Warrior bombing were made in the same breath.

But after about four hours of questioning I was released.


David Robie presenting an earlier edition of Eyes of Fire to former Vanuatu Prime Minister Ham Lini in 2006.  PHOTO: Pacific Media Centre

David Robie presenting an earlier edition of Eyes of Fire to former Vanuatu Prime Minister Ham Lini in 2006. PHOTO: Pacific Media Centre


This drama over my reporting of the militarisation of East Coast villages in an attempt by French authorities to harass and suppress supporters of Kanak independence was a reflection of the paranoia at the time.

Then it seemed highly unlikely that in less than two decades nuclear testing would be finally abandoned in the South Pacific, and Tahiti’s leading nuclear-free and pro-independence politician, Oscar Manutahi Temaru, would emerge as French Polynesia’s new president four times and usher in a refreshing “new order” with a commitment to pan-Pacific relations.

Although Tahitian independence is nominally off the agenda for the moment, far-reaching changes in the region are inevitable.

President Baldwin Lonsdale remarked about the Rainbow Warrior bombing in a welcome for the ship’s namesake, Rainbow Warrior III, in Port Vila recently on her post-cyclone humanitarian mission.

He recalled how the Vanuatu government representative, the late Charles Rara, sent by founding Prime Minister Walter Lini on board the Rainbow Warrior to New Zealand, had been ashore on the night of the bombing. Rara was at the home of President Lonsdale at St John’s Theological College in Auckland, where he was studying.


The late Charles Rara, Vanuatu’s “diplomatic” representative on board the Rainbow Warrior bound for Auckland in 1985. PHOTO: David Robie/Eyes of Fire

The late Charles Rara, Vanuatu’s “diplomatic” representative on board the Rainbow Warrior bound for Auckland in 1985. PHOTO: David Robie/Eyes of Fire


“When Charles got back to the ship that night, he found the Rainbow Warrior had been bombed, it had been destroyed,” President Lonsdale said.

“I think the main intention of the French [military] who carried out the bombing was because the Greenpeace movement was trying to bring about peace and justice among island nations.”

‘Living reef’
After being awarded $8 million in compensation from France by the International Arbitration Tribunal, Greenpeace finally towed the Rainbow Warrior to Matauri Bay and scuttled her off Motutapere, in the Cavalli Islands, on 12 December 1987 to create a “living reef”.

An earlier compensation deal for New Zealand mediated in 1986 by United Nations Secretary-General Javier Perez de Cuellar awarded the Government $13 million (US$7 million) – the money was used for an anti-nuclear projects fund and the Pacific Development and Conservation Trust.

The agreement was supposed to include an apology by France and deportation of jailed secret agents Alain Mafart and Dominique Prieur after they had served less than a year of their 10-year sentences for manslaughter and wilful damage of the bombed ship (downgraded from charges of murder, arson and conspiracy).

They were transferred from New Zealand to Hao Atoll in French Polynesia to serve three years in exile at a “Club Med” style nuclear and military base.

But the bombing scandal didn’t end there. The same day as the scuttling of the Rainbow Warrior in 1987, the French government told New Zealand that Major Mafart had a “serious stomach complaint”. The French authorities repatriated him back to France in defiance of the terms of the United Nations agreement and protests from the David Lange government.

It was later claimed by a Tahitian newspaper, Les Nouvelles, that Mafart was smuggled out of Tahiti on a false passport hours before New Zealand was even told of the “illness”. Mafart reportedly assumed the identity of a carpenter, Serge Quillan.

Captain Prieur was also repatriated back to France in May 1988 because she was pregnant. France ignored the protests by New Zealand and the secret agent pair were honoured, decorated and promoted in their homeland.

Supreme irony
A supreme irony that such an act of state terrorism should be rewarded in this age of a so-called “war on terrorism”.

In 2005, their lawyer, Gerard Currie, tried to block footage of their guilty pleas in court – shown on closed circuit to journalists at the time but not previously seen publicly – from being broadcast by the Television New Zealand current affairs programme Sunday.

Losing the High Court ruling in May 2005, the two former agents appealed against the footage being broadcast. They failed and the footage was finally broadcast by Television New Zealand on 7 August 2006 – almost two decades later.


French secret agent Alain Mafart pleads guilty to reduced charges of manslaughter and wilful damage in November 1985 (courtroom CCTV footage). PHOTO: TVNZ

French secret agent Alain Mafart pleads guilty to reduced charges of manslaughter and wilful damage in November 1985 (courtroom CCTV footage). PHOTO: TVNZ


They had lost any spurious claim to privacy over the act of terrorism by publishing their own memoirs – Agent Secrète (Prieur, 1995) and Carnets Secrets (Mafart, 1999).

Mafart recalled in his book how the international media were dumbfounded that the expected huge High Court trial had “evaporated before their eyes”, describing his courtroom experience:

I had an impression of being a mutineer from the Bounty … but in this case the gallows would not be erected in the village square. Three courteous phrases were exchanged between [the judge] and our lawyers, the charges were read to us and the court asked us whether we pleaded guilty or not guilty. Our replies were clear: ‘Guilty!’ With that one word the trial was at an end.

Ironically, Mafart much later became a wildlife photographer, under the moniker Alain Mafart-Renodier, and filed his pictures through the Paris-based agency Bios with a New York office. Greenpeace US engaged an advertising agency to produce the 2015 environmental calendar illustrated with wildlife images.

As Greenpeace chronicler and photojournalist Pierre Gleizes describes it: “Incredibly bad luck, out of millions, the agency bought one of Alain Mafart’s pictures to illustrate a Greenpeace calendar. Fortunately, someone saw that before it got distributed. So Mafart got his fee but 40,000 calendars were destroyed.”

French nuclear swansong
France finally agreed to sign the Comprehensive Test Ban Treaty after a final swansong package of eight planned nuclear tests in 1996 to provide data for simulation computer software.

But such was the strength of international hostility and protests and riots in Pape’ete that Paris ended the programme prematurely after just six tests.

France officially ratified the treaty on 10 September 1996.

When Tahitians elected Oscar Temaru as their territorial president in 2004, he had already established the first nuclear-free municipality in the Pacific Islands as mayor of the Pape’ete airport suburb of Faa’a.

Having ousted the conservative incumbent for the previous two decades, Gaston Flosse – the man who gave Mafart and Prieur a hero’s welcome to Tahiti, Temaru lost office just four months later.

He was reinstated to power in early 2005 after a byelection confirmed his overwhelming support. But since then Temaru has won and lost office twice more, most recently in 2013, and Flosse is fighting ongoing corruption charges.

Since the Temaru coalition first came to power, demands have increased for a full commission of inquiry to investigate new evidence of radiation exposure in the atmospheric nuclear tests in the Gambiers between 1966 and 1974.

‘Contempt’ for Polynesia
Altogether France detonated 193 of a total of 210 nuclear tests in the South Pacific, 46 of them dumping more than nine megatons of explosive energy in the atmosphere – 42 over Moruroa and four over Fangataufa atolls.

The Green Party leader in Tahiti, Jacky Bryant, accused the French Defence Ministry of having “contempt” for the people of Polynesia.

Replying to ministry denials in May 2005 claiming stringent safety and health precautions, he said: “It’s necessary to stop saying that the Tahitians don’t understand anything about these kinds of questions – they must stop this kind of behaviour from another epoch.”

Bryant compared the French ministry’s reaction with the secretive and arrogant approach of China and Russia.

However, Britain and the United States had reluctantly “recognised the consequences of nuclear tests on the populations” in Australia, Christmas Island, the Marshall Islands and Rongelap.

In 2009, the French National Assembly finally passed nuclear care and compensation legislation, known as the Morin law after Defence Minister Hervé Morin who initiated it. It has been consistently criticised as far too restrictive and of little real benefit to Polynesians.

In 2013, declassified French defence documents exposed that the nuclear tests were “far more toxic” than had been previously acknowledged. Le Parisien reported that the papers “lifted the lid on one of the biggest secrets of the French army”.

It said that the documents indicated that on 17 July 1974, a test had exposed the main island of Tahiti, and the nearby tourist resort isle of Bora Bora, to plutonium fallout 500 times the maximum level.

US radiation fallout
This had been echoed almost two decades earlier when The Washington Post reported that US analysts had admitted that radiation fallout from their nuclear tests of the 1950s was “limited”.

In fact, federal documents, according to The Post in the February 1994 article, had revealed that “the post-explosion cloud of radioactive materials spread hundreds of [kilometres] beyond the limited area earlier described in the vast range Pacific islands”.

Thousands of Marshall Islanders and “some US troops” had probably been exposed to radiation, the documents suggested.

“One of the biggest crimes here is that the US government seemed to clearly know the extent of the fallout coming, but made no attempt to protect people from it,” said Washington-based lawyer Jonathan Weisgall, author of Operation Crossroads, a book about the Marshall Islands nuclear tests.

The Rainbow Warrior bombing with the death of photographer Fernando Pereira was a callous tragedy. But the greater tragedy remains the horrendous legacy of the Pacific nuclear testing on the people of Rongelap and the Marshall Islands and French Polynesia.

More information about the Rainbow Warrior affair can be found here.

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Nauru needs to meet its human rights obligations http://pacificpolicy.org/2015/06/nauru-needs-to-meet-its-human-rights-obligations/?&owa_medium=feed&owa_sid= http://pacificpolicy.org/2015/06/nauru-needs-to-meet-its-human-rights-obligations/#comments Wed, 17 Jun 2015 23:55:00 +0000 http://pacificpolicy.org/?p=7954 Nauru has been in the international media spotlight over bribery allegations, deportations of judges, a police commissioner and others, and the shutdown of Facebook.

Every week seems to bring a new revelation about un-democratic behavior by its national leadership undermining the rule of law. And despite denials this past week of bribery involving current Nauru government leaders by an Australian company, payoffs to political leaders are hardly a new phenomenon in Nauru, or indeed in the Pacific.

The justification advanced for ordering Digicel, Nauru’s single telecom service, to eliminate access to Facebook is as thin—‘to prevent access to pornography’—as the list of nations that ban Facebook, which includes such notoriously anti-democratic nations as N. Korea, Iran and China.

Should the region shrug this off as something we may not like, but it’s none of our business? After all, Nauru is just 10,000 people on a tiny bit of land in the central Pacific that, save for its now expanding Nauru Airlines, would be one of the most isolated countries in the world. In former U.S. Secretary of State Henry Kissinger’s immortal—if apocryphal—comment about Micronesia, ‘Who gives a damn?’

The Australian and New Zealand governments cared a lot about democracy, or lack thereof, in Fiji by imposing a slew of sanctions after then-Army Chief Frank Bainimarama’s coup in 2006. Many of these remained in effect for eight years until Fiji’s national elections last September. Nauru doesn’t have an army to mount a coup. Still, to date, Nauru’s current government has:

  • Arrested and deported Nauru’s Magistrate Peter Law in January 2014 while Law was preparing an inquiry into the death of Justice Minister David Adeang’s wife, who burned to death outside the family home in April 2013. Nauru also cancelled the visa for its Chief Justice Geoffrey Eames to return to work from vacation last year.
  • Fired its Australian police commissioner as an investigation into bribery allegations involving Nauru President Baron Waqa and Justice Minister Adeang was in progress.
  • Directed Digicel to shut off access to Facebook for the nation and subsequently refused to let the general manager of Digicel back into the country.
  • Suspended five opposition senators from the 18-seat parliament chamber over a year ago.
  • Revoked the visa of Katy Le Roy, legal counsel to the Nauru parliament and wife of suspended opposition MP Roland Kun, so she cannot enter the country.
  • Imposed a non-refundable US$7,000 application fee for any off-island journalist interested to visit Nauru, effectively preventing foreign media from visiting Nauru.

We might well ask, ‘what’s next?’ To date, only the United States government has issued a statement of concern over Nauru’s ban on Facebook.

“Nauru should revise its course of action.”

Why is the Australian government mum on the subject of Nauru? Radio Australia last week quoted Nauru’s former Solicitor General, Australian Steven Bliim, discussing Nauru’s sacking of its previous police commissioner as his investigation into bribery of Nauru leaders by Australian company Getax was advancing. Bliim also briefed Australian government officials after leaving Nauru last year. He was surprised by their lack of interest. “The reaction of the politicians at the time was dismissive, indicating that it was purely an internal Nauruan affair, which seemed at odds with the sort of reaction that was taken, for instance, when the Fiji coups occurred,” Bliim told Radio Australia. “This wasn’t as overt as what happened in Fiji, but the effect of it has been very similar where the country has failed to abide by its own laws and it’s effectively taken steps to make itself not accountable.”

The self-interest of the asylum seekers holding facility on Nauru is clearly the driver of relations between Australia and Nauru now. Nauru is receiving significant funding from Australia for hosting the controversial facility and the Nauru detention center is a key element in Australia’s policy for interdicting refugees aiming for Australia.

The Nauru government has taken to issuing terse statements critical of media reporting as international scrutiny of these issues has expanded. Among these denials includes the assertion this past week that Nauru’s legal system is arguably the most independent, transparent and credible in the Pacific. But this assertion is far from reality. In point of fact, a 2012-2014 governance and transparency assessment of the judiciaries in the 14 independent Pacific nations by the Pacific Judicial Development Programme gives Nauru one of the lowest ratings in the region. The Marshall Islands was at the top in both 2012 and 2014 by meeting all 15 agreed-to indicators for transparency and governance in court operations, and Palau met 14 of these in 2012 and 15 last year. Nauru, however, met only two in 2012 and as of the latest update in April this year, had not filed a report on these indicators for 2014.

A United Nations Special Rapporteur last month raised concerns about recently adopted amendments to Nauru’s Criminal Code, and called on the government to withdraw the legislation restricting freedom of expression. New amendments prohibit use of language that is threatening, abusive or insulting in nature and has the intention to stir up racial, political or religious hatred—which critics say could be used to muzzle political opposition in the lead up to next year’s election.

“Nauru should allow free space for expression without fear of criminal prosecution,” said Special Rapporteur David Kaye. “It should lift all restrictions to access internet and social media, and facilitate access to the media in the country. Nauru should revise its course of action and take measures to fulfill its human rights obligations.”

Unless Nauru’s neighbors, including Australia and New Zealand, get involved in encouraging Nauru to adhere to democratic norms that prevail in this region—including unrestricted debates in parliament, open access to the Internet, and maintaining an independent judiciary—it seems likely the government of Nauru will continue undermining opportunities for its citizens to enjoy freedoms taken for granted in most democracies. This should concern the Pacific Islands Forum, which brings together leaders, governments and island communities over shared goals of democracy, good governance and accountability. Ignoring developments in Nauru undermines the Forum and island leaders’ stated objective of promoting regionalism and raising the quality of life based on the Pacific’s commitment to sustainable development and accountability of governments to their citizens.

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How CEDAW impacts some Pacific cultures http://pacificpolicy.org/2015/04/how-cedaw-impacts-some-pacific-cultures/?&owa_medium=feed&owa_sid= http://pacificpolicy.org/2015/04/how-cedaw-impacts-some-pacific-cultures/#comments Tue, 21 Apr 2015 03:44:25 +0000 http://pacificpolicy.org/?p=7506 When the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the UN General Assembly in 1979, the drafters probably had a sense the treaty would make a controversial social and legal impact among the nations of the world, but that it would also bring the necessary changes to the status of women who have long suffered unjustly under discrimination because of their gender.

Often described as an international bill of rights for women, CEDAW consists of 30 articles, defining what constitutes discrimination against women.

It describes discrimination against women as “… any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

There have been and still are extreme practices of discrimination so blatantly apparent against women, and sanctioned by law in so many countries, including so-called modern and progressive societies. But its not just the extreme practices that CEDAW is concerned about. It is out to eliminate ALL forms of discrimination against women. And it sets up “an agenda for national actions to end such discrimination.”

Those states that signed the treaty, ratified, or acceded it, would do so voluntarily, and there are also provisions in CEDAW for the expression of reservations against articles that would be in conflict with the legal, cultural, and religious beliefs of a state.

In 2014, there were 188 States in the world that had ratified CEDAW.

The most notable of the nations in the world that have not acceded or ratified CEDAW is the United States of America, even if it was one of the original signatories to the treaty in 1980.

Most Pacific island countries have ratified with the exception of Tonga and Palau. Only seven countries have not ratified CEDAW including the United States, Sudan, South Sudan, Iran, and Somalia.

Pacific Island states that have ratified or acceded the treaty include New Zealand (1985), Samoa (1992), Papua New Guinea (1995), Fiji (1995), Vanuatu (1999), Tuvalu (1999), Solomon Islands (2002), FSM (2004), Kiribati (2004), Marshalls (2006), Cook Islands (2006), and Nauru (2011).

Pacific island countries are deeply religious, and some of the provisions of the treaty may be in conflict with local laws that are often embedded in cultural and religious beliefs. Yet, the majority of Pacific island countries have ratified CEDAW.

The most recent expression of intent to ratify CEDAW comes from the Kingdom of Tonga. On 6 March 2015, the Government approved starting the process for ratification. The Minister of the Government Department responsible for filing the necessary instruments with the United Nations traveled to New York to inform them of Tonga’s intention.

The Minister, Hon. Fe’ao Vakata was warmly received by UN Secretary-General Ban Ki-moon, who expressed the need for the process to be completed for ratification. A statement from a Spokesman for the Secretary-General on 21 March 2015 said: “The Secretary-General encourages the Government of Tonga to start undertaking concrete steps for implementing CEDAW. He affirms the continuous support of the United Nations for its efforts to improve the position of women in Tonga.”

In the meantime, Tonga’s public got wind of this move for ratification, and a vigorous debate started breaking out all over the island nation. On the one hand are advocates who have campaigned quite aggressively over the last several years about liberalizing Tonga’s laws to accommodate CEDAW. On the other hand are the conservative majority, who are adamant that CEDAW would violate Tonga’s inheritance laws, which favor male succession to the royal throne and to noble titles.

The Government of Tonga has emphasized the fact that ratification was subject to Tonga’s laws, which may restrict some of the more controversial aspects of the convention, such as succession to the throne and nobility, abortion and same-sex marriage.

Additionally, there are also claims that CEDAW would allow abortion and same sex marriage, violating Tonga’s constitutional bans.

Church and community leaders have come out against the government move to ratify CEDAW, including a letter from the newly commissioned Catholic Cardinal of Tonga, opposing ratification.

On same-sex marriage however, there are only 15 countries in the world out of the 188 that have ratified CEDAW, that have legalized it. And the passing of such laws in those countries probably had less to do with CEDAW and more to do with the efforts of a powerful and resilient lobby for same-sex marriage.

But advocates of CEDAW in Tonga claim there are inequalities in many of Tonga’s laws and these need to be addressed as they adversely impact Tonga’s economy. These have to do mostly with the Land laws.

The Cabinet of Prime Minister ‘Akilisi Pohiva’s decision on 6 March 2015 approving CEDAW included reservations in respect to the following provisions:

a) Article 2

The Government of the Kingdom of Tonga declares that it is prepared to apply the provisions of Article 2 on the condition that it does not conflict with provisions of the Constitution of Tonga (CAP2) and the Land Act (Cap 132) regarding succession to the throne and nobility.

b) Article 10 (h)

The Government of the Kingdom of Tonga declares that it is prepared to apply the provisions of the Article 10(h) to the extent that it will not allow for abortion in the Kingdom.

c) Article 12 (1)

The Government of the Kingdom of Tonga declares that it is prepared to apply the provisions of Article 12 (1) to the extent that it will not allow for abortion in the Kingdom.

d) Article 14 (2) (g)

The Government of the Kingdom of Tonga declares that it is prepared to apply the provisions of Article 14 (2)(g) on the condition that it does not come into conflict with provisions of the Constitution of Tonga (Cap 2) and the Land Act (Cap 132) regarding the succession to the throne and nobility.

e) Article 16

The Government of the Kingdom of Tonga declares that it is prepared to apply the provisions of Article 16 on condition that it does not conflict with provisions of the Births, Deaths and Marriages Act (Cap 42), Criminal Offences Acts (Cap 18) Divorce Act (Cap 29), Maintenance of Deserted Wives Act (Cap 31), Maintenance of Illegitimate Children Act (Cap 30) Guardianship Act 2004, Land Act (Cap 132, Probate and Administration Act (Cap 16) and to the extent that it will not allow for same sex marriages or abortion in the Kingdom.

The Cabinet decision of 6 March 2015 also gave a time duration for those reservations so that it “will be unlimited.”

The first move by Tonga to ratify CEDAW was in 2006 under Dr. Feleti Sevele’s Government, but because of the reservations, the ratification process was suspended.

In 2011, the government of Lord Tu’ivakano looked into the possibility of ratifying CEDAW but refrained due to claims that the United Nations would not accept the reservations.

Article 28, paragraph 2, of the Convention adopts the impermissibility principle contained in the Vienna Convention on the Law of Treaties. It states that a reservation incompatible with the object and purpose of the present Convention shall not be permitted.

Despite the fact that the Convention does not prohibit the entering of reservations, other State parties may challenge those that challenge the central principles of the Convention.

States which ratify the convention are legally bound to eliminate “discriminatory practices” against women, and are urged to incorporate gender equality into law.
The Officer in charge of the Regional UN Human Rights Office for the Pacific, Satya Jennings, insists that once Tonga has undergone the actual ratification process, it should bring national legislation in line with “international standards.”

Ms. Jennings said: “The UN Human Rights Office based in the Pacific would hope that could be retracted and that the Government would ratify CEDAW without reservations in order to guarantee the full protection and all the provisions under the convention which would expand the protection of women’s rights.”

In the meantime, the Government of Tonga has emphasized the fact that ratification was subject to Tonga’s laws, which may restrict some of the more controversial aspects of the convention, such as succession to the throne and nobility, abortion and same-sex marriage.

An advocate for CEDAW, women activist ‘Ofa Guttenbeil-Likiliki of the Women and Children Crisis Centre, says the process is a mess because of the Government using terms such as abortion and same-sex marriage, which she says, are not referred to in the convention.

She said: “From the get-go the communication of the government agreeing to ratify CEDAW has been somewhat based on a lot of misconceptions, hence the reason why CEDAW has probably become the most debated issue in the political arena and also at the ground level. I haven’t seen anything like this since the move towards democracy.”

Both Samoa and Fiji, Tonga’s closest neighbors, have ratified CEDAW; Samoa in 1992 was the first Pacific Island nation to do so; and Fiji in 1995. There are no provisions in the Samoan constitution, which makes international agreements binding on Samoa. The principles of the Convention however, are well enshrined in Samoa’s constitution, and women asserting and protecting their rights can use these as tools.

Both Samoa and Fiji have their own land laws, and so far there has not been any national debate concerning women’s rights and the land laws. Furthermore, abortion and same-sex marriage are not legalized in these island nations, and Tonga may not have to entertain fears their local laws may be threatened by an international convention like CEDAW.

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