Wednesday, May 25, 2011

Lines Of Demarcation- The Dispute Over Minerva.

In a follow up to an earlier SiFM post titled "The Rush To Mine The Seabed- A Fiji Perspective" is worth revisiting, more so after an online article from Pacific Scoop, that quotes from Tonga Chief Secretary regarding the removal of a beacon by the Fiji Navy.




Deputy Permanent Secretary of Foreign Affairs Sila Balawa
"Fiji’s ownership of the reef has been re-asserted time and again - through the United Nations Law of the Sea and the Minerva reef is located within Fiji’s exclusive economic zone. Fiji says its claim to the reef – is based on UN laws and history. "

The excerpt of the Pacific Scoop article:
Tonga Accuses Fiji of Vandalism of Innocent Minerva Reef Beacon.
May 25th 2011
Pacific Scoop:
Report – By Alex Perrottet of Pacific Media Watch

Tonga’s Chief Secretary Busby Kautoke has hit back at Fijian allegations of a breach of sovereignty, accusing the Fiji Navy of “vandalism” of a navigation beacon on the disputed Minerva Reef.

Kautoke today responded to initial comments from Fiji’s military-backed regime leader Voreqe Bainimarama that the presence of the Tongan patrol boat Savea in Fijian waters was a breach of Fiji’s sovereignty.

Bainimarama has called fugitive colonel Ratu Tevita Mara’s “fishing incident” a calculated plan and an “illegal extraction”.

In response, Kautoke maintained that the rescue earlier this month was a “humanitarian act” and accused Fiji of vandalising a Tongan navigational beacon in the Minerva Reef.

“At this lonely outpost, a perfectly innocent navigational beacon, erected on the wishes of our Late King Taufa’ahau Tupou IV for the benefit and safety of mariners, was officially vandalised,” he said.

“Such an act, for example, cannot be elevated to the status of a legal argument and there is strong evidence to suggest that the full might of Fijian sea power, on the instructions of the military regime, was deployed to attack a defenceless and inanimate object.”

The Minerva Reef, also known as the islands of Telekitonga and Telekitokelau, is about 490km south-west of Tonga.

The Chief Secretary said Bainimarama’s comments would have been best left to official communications between the countries. “Sovereignty should be considered separately as the subject of bilateral engagement between the Fiji regime and Tongan diplomats,” he said.

Alex Perrottet is contributing editor of the Pacific Media Centre’s Pacific Media Watch.
However, the issue of Minerva reef and its ownership was a subject simmering beneath the diplomatic niceties for awhile, until Kautoke's ill-advised remarks considering the current bilateral tensions, forced the issue towards the front and center.

Kautoke maintained that the rescue earlier this month was a “humanitarian act” and accused Fiji of vandalising a Tongan navigational beacon in the Minerva Reef.
“At this lonely outpost, a perfectly innocent navigational beacon, erected on the wishes of our Late King Taufa’ahau Tupou IV for the benefit and safety of mariners, was officially vandalised".

The dispute over the Minerva reefs has resurfaced in the wake of the fugitive saga involving Tevita Uluilakeba Mara and the Tongan Government, which had been reported to have violated Fiji's sovereign territory, as well  as illegally removing a person from the country.

It would be ideal to separate the alleged humanitarian act from the breach of sovereignty, as advocated by Tonga’s Chief Secretary Busby Kautoke. Unfortunately, the latter acts are the most worrying. These documented violations of International Law should not be swept under the proverbial rug by any honest broker and most probably will be addressed in due course, by the relevant authorities in Fiji.

Fiji Foreign Affairs official responded to the allegations, as reported by a Radio Fiji article.



The excerpt of Radio Fiji article:

Fiji to protect territorial integrity of Minerva reef

Thursday, May 26, 2011 
Fiji had told the Tongan government last year it reserved the right to take any appropriate necessary action to protect the integrity of its territory by removing structures built by Tonga at the Minerva reef. 
FBC News has sighted a letter sent by the Ministry of Foreign Affairs to the Tongan government dated 23rd September 2010, notifying them that they were building the structures on Fiji’s territory.
Fiji’s Deputy Permanent Secretary of Foreign Affairs Sila Balawa says Fiji received a report late last year that Tonga was constructing two structures on the reef, namely a lighthouse. 
Fiji authorities confirm the two structures were removed last year – however Fiji and Tonga are continuing discussions on the issue – led by their ambassadors at the United Nations.
Balawa says Fiji’s ownership of the reef has been re-asserted time and again - through the United Nations Law of the Sea and the Minerva reef is located within Fiji’s exclusive economic zone.
Fiji says its claim to the reef – is based on UN laws and history. 
Tonga has criticised the removal of their structures by what it describes as the “full might of Fijian sea power.” Balawa told FBC News in February that Tonga is one of Fiji’s closest friends and they hope to resolve the issue through peaceful dialogue.

Fiji's Maritime claims have been documented in a 1984 report "Limits In The Seas- Fiji's Maritime Claims" compiled by the US State Department.




The above mentioned report also highlights the contentious issue of Minerva reef ownership and does reinforce Fiji's claim to the atoll located in the southern Lau group, stating that the atoll lies within Fiji's economic exclusive zone (EEZ).


Excerpt of Page 6 & 7 of the report:

Maritime Boundaries 

In claiming its economic zone, Fiji is able to extend fully to 200 nautical miles only to the south and to the northwest. Similar or potential claims to extended maritime jurisdiction by its neighbors will create six maritime boundary situations for Fiji. Boundaries will be required with Tonga to the east and southeast, Tuvalu to the north, the Solomon Islands west of Rotuma, Vanuatu to the west, and France to the northeast (Wallis and Futuna) and southwest (New Caledonia). 
In 1983 Fiji and France signed an agreement delimiting the boundary between the economic zones claimed by the two states. The line between Fiji and New Caledonia is an apparent equidistant line, about 300 nautical miles in length, using as controlling basepoints Ceva-i-Ra for Fiji and Hunter Island for France. A sovereignty claim to Hunter Island has been made by Vanuatu and it is unclear what impact this dispute may have on the Fiji-France agreement. The other four boundaries remain to be negotiated. 
Tonga's claim to the Minerva Reefs, situated south of Fiji's archipelago, may complicate Tongan-Fijian maritime boundary negotiations. Although Fiji acknowledges Tonga's claim to these reefs (as noted on its Chart 81/3), Fiji's economic zone limits enclose the reefs. North and South Minerva Reef are about 18 nautical miles apart and more than 165 nautical miles from the nearest Tongan island. The Tongan Government has built an artificial island and installed navigation beacons on each. 
If indeed the reefs themselves are only low-tide elevations, they would not have a territorial sea (LOS Convention, Article 13(2)). Tonga's rights, under the LOS Convention, to construct, operate, and use an artificial island, such as North or South Minerva Reef, within its economic zone, may be complicated by the fact that these reefs, under Fiji's claims, are situated in the Fiji EEZ.
4 The area of the exclusive economic zone was measured from Fiji Marine Spaces Chart 81/3.




Fiji's claim that the Minerva's reef lies within its EEZ is based on the distance from the baseline of Ono island.
According to the Page 2 of the Fiji Maritime Limits report:
Fiji's legislation establishes two different types of baselines. Archipelagic baselines join most of the country's islands to form the Fiji Archipelago; seaward of those baselines is the territorial sea and high seas, landward of them are archipelagic waters and internal waters.
The other type of baseline delimits the internal waters from archipelagic waters (if situated inside archipelagic baselines) or from the territorial sea (as in the Rotuma Island area).
The image (posted below) from Google earth reinforces that claim of Minerva being within 200 nautical miles of Ono island, Lau. In actual fact, Minerva lies 178 odd nautical miles south of Ono.



In comparison, Minerva reef according to Google Earth image (posted below). Minerva is 240 nautical miles South West from Tongatapu island, where the Tongan capital is located.




From the preceding facts, it is would be difficult to place any credence on Tonga's claim to the disputed atoll.

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Tuesday, May 24, 2011

Café Pacific - David Robie | Media freedom and transparency: Freedom of the press on Fiji? You’re joking!

David Robie On NZ Media Reportage
"At long last, I thought, a factual article with opinions from people of differing views, leaving readers to form their own conclusions. My faith in the NZ media went up a notch, but it was not to last"

Café Pacific - David Robie | Media freedom and transparency: Freedom of the press on Fiji? You’re joking!: "Breathless NZ media coverage on Fiji ... Independent Fiji blogger Crosbie Walsh pens an 'editorial' on a New Zealand Herald editorial a..."




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Thursday, May 19, 2011

Tonga Singles Out Fiji Passport Holders

PACNEWS online article published some disturbing developments in the wake of the tensions in Fiji-Tonga bilateral relations.

The excerpt of PACNEWS article:
Fiji passport holders scrutinized at Nuku’alofa airport 
By Online Editor
5:54 pm GMT+12, 17/05/2011, Tonga 
As tension between Fiji and Tonga begins to emerge after a senior Fijian military officer fled to Tonga, Fiji passport holders arriving into the island kingdom now undergo thorough check at Fu’amotu International Airport. 

PACNEWS Journalist Pita Ligaiula

"Yes I can confirm that our passport was checked by government officials in one room"[...]"Only Fiji passport holders were singled out and it’s an unusual situation never seen before"



Tongan authorities have beefed up security checks after Fiji’s Prime Minister and Military commander Commodore Frank Bainimarama announced that former Third Infantry Regiment (3FIR) Commander, Lieutenant Colonel Ratu Tevita Uluilakeba Mara has been declared fugitive and is hiding in Tonga. 
On Monday, all Fiji nationals arriving on the Pacific Sun flight FJ271 were scrutinised for their purpose of travel and were asked to supporting documents for their stay in Tonga. 



“Yes I can confirm that our passport was checked by government officials in one room, after it was stamped by immigration officials upon arrival,” said PACNEWS Journalist Pita Ligaiula speaking from Nuku’alofa. “Our travel information card was photocopied and officials questioned us on the nature of our visits to the island kingdom. Only Fiji passport holders were singled out and it’s an unusual situation never seen before", he said.
No comments could be obtained from the Tongan government on the latest security measures on Fiji passport holders. The situation in the capital Nukualofa is normal as Commodore Bainimarama appeals to the Tongan Royal family to return the former military man to Fiji to answer charges of sedition. 
SOURCE: PACNEWS

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Tuesday, May 17, 2011

A Fisherman's Growing Tale.

Radio Fiji news article quotes from fisherman who witnessed the Tongan naval vessel off Cape Washington. Other interesting views was that Tevita Uluilakeba Mara was seen at Nagiagia resort. Nagiagia blog.

Sevuloni Busa- Fiji Fisherman

"Fisherman Sevuloni Busa told FBC News he was out at sea with nine other villagers when they saw the Tongan navy patrol boat at Cape Washington in Kadavu. The fishermen say the captain of the Tongan ship spoke to them by radio claiming they were from the Vanuatu navy and were on their way to Vanuatu when they received a distress signal.

The local fishermen say they could see the ship number 203 on the side of the ship and Busa says he could make out the name."

Undoubtedly the witness statement ultimately contradicts the remarks from Tongan authorities that Mara was rescued at sea near Ono-i-lau.

Matangi Tonga article excerpt:

Ratu Tevita remains "a man rescued at sea".

16 May 2011, 22:12
Nuku'alofa Tonga:

The Lauan chief, Ratu Tevita Uluilakeba Mara, is believed to be staying at Consular House on Vuna Road on the Nuku'alofa waterfront, as a guest of his kinsman, King George Tupou V while exchanges fly between the Fiji and Tonga governments.

Cmdr Bainimarama has declared Ratu Tevita a fugitive who jumped bail without surrendering his passport as ordered by a Fijian court on May 3, and who was also expected to appear in court in Suva on May 30 to face charges of sedition.

Ratu Tevita Mara's entrance into Tonga with the Tongan navy, raised the question if he had used his Fijian passport to enter the country. Today no one in the Immigration Division of the Ministry of Foreign Affairs knew anything about the legality of how he had entered the country, but a senior officer in immigration said he would check and come back with an answer. But when government closed for the day it was not clear whether or not Ratu Tevita Mara had been subjected to the usual Tongan immigration procedure.

The Chief Secretary and the Secretary to Cabinet Busby Kautoke said that Ratu Tevita Mara's status in Tonga remains to be "a man rescued at sea."

As of this afternoon, Busby said they had not received any request from Cmdr Bainimarama for the rescued man to be extradited back to Fiji.

Under Tonga's Extradition Act 1988 Fiji is one of the designated countries that an individual could be extradited back to, and the Act clearly sets out the procedure of how an individual could be extradited to a designated country.

An extradition process can be authorised only by the Tongan Prime Miniser, Lord Tu'ivakano, on a request made by the Prime Minister of Fiji or an official on the behalf of the government of Fiji.

Consular House

Meanwhile Ratu Tevita Mara is staying at the Consular House on Vuna Road on the Nuku'alofa waterfront, the residence of the British High Commissioner in Tonga and now a property of the king. It is frequently used as a guest house for visiting dignitaries and friends of the royal family.

Ratu Tevita, so far, is inaccessible, despite the fact that he stressed in his YouTube video that he wanted to come to Nuku'alofa so that he can speak freely and tell the truth about what is going on in Fiji.

The Fijian strongman, Prime Minister Commodore Bainimarama, has accused Tonga for an infringement of Fiji's Sovereignty when the Tongan Navy last week responded to a distress call and rescued Lieutenant Colonel Ratu Tevita Mara from sea and brought him to Nuku'alofa.




Images of Kadavu from Google.
.




Close up of Nagiagia resort.



The excerpt of Radio Fiji news article:



Fijian fishermen saw Tonga naval ship in Kadavu
Wednesday, May 18, 2011Local fishermen have told FBC News they saw the Tongan naval ship ‘Savea’ in waters just off Kadavu on the day the Tongan navy says it rescued former 3FIR Commander Ratu Tevita Uluilakeba Mara in waters south off Ono-i-Lau.

Local villagers working in nearby Nagigia Island Resort in Kadavu also say Mara was at the resort on Sunday the 8th of May.New Zealand maritime authorities and the Fiji navy also confirm they did not receive any distress signal although the distress frequency is internationally monitored by regional countries 24 hours.Fisherman Sevuloni Busa told FBC News he was out at sea with nine other villagers when they saw the Tongan navy patrol boat at Cape Washington in Kadavu. 
The fishermen say the captain of the Tongan ship spoke to them by radio claiming they were from the Vanuatu navy and were on their way to Vanuatu when they received a distress signal.The local fishermen say they could see the ship number 203 on the side of the ship and Busa says he could make out the name.“I can recall, Havea or Savea was written on the side.”The fishermen told the captain they had not sent a distress signal and the ship moved on. 
Busa told FBC News that an hour earlier they had seen the launch supposedly carrying Mara speed past them – and the fishermen identified it as the boat that was at Nagigia Resort.This was later verified by staff at the resort. 
Busa’s story contradicts accounts by the Tongan navy of how they rescued Mara off Ono-i-Lau.Local fishermen says it is virtually unheard of to go fishing in Ono-i-Lau from Kadavu given the distance.Questions are also being raised as to how only the Tongan navy ship heard the distress call, and no other maritime authority in the region.



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