X-Post:: Blak and Black -Lost Sovereignty; a disgraced judge and a kidnapped Attorney-General

Posted on January 31, 2012 by Bakchos

 

Carl Schmitt’s Political Theology: Four Chapters on the Concept of Sovereignty is both famous and obscure. A twentieth-century political theory, containing two canonical sentences: “Sovereign is he who decides on the exception” and “All significant concepts of the modern theory of the state are secularized theological concepts.” These statements are regurgitated by contemporary political and legal theorists time and again. Standing alone, Schmitt’s statements are both puzzling and shocking.

Schmitt’s claim of a theological origin for political concepts stands against the common faith view that Western political theory as advocated by figures such as Locke, Hume, and Smith, not to forget Machiavelli and Hobbes, laid the groundwork for the modern theory of the state. The social contract, not the divine covenant, is at the centre of modern political theory. The concept of a single sovereign, deciding on rules and exceptions, is similarly inconsistent with current thinking about the rule of law, separation of powers, and judicial review.

Blak and Black

"Corruption not by an indigenous people living on a remote island in the Pacific, but corruption in the very seat of power in Australia, corruption that Australia has subsequently exported to our Pacific neighbours."

Today, if somewhat naively, we are prone to ask “what exception?” rather than who decides the exception; how, after all, can we reconcile Schmitt’s definition of sovereignty with the accepted maxim of Western jurisprudence, “extraordinary conditions neither create nor enlarge constitutional power”? In a system of popular sovereignty, we do not know a “he” who can claim to be the sovereign; in our system of constitutional law, we do not know a state of exception.

In reality there are exceptions, there always have been. In Australia the exceptions are usually decided by the police or the Director of Public Prosecutions (“DPP”) and are generally, if not exclusively, based on race. I have written at length on Blak and Black and elsewhere about organisations such as the Australian Federal Police (“AFP”) and the Australian Capital Territory Department of Public Prosecutions making decisions about whether to investigate or prosecute a crime based solely on race. In these situations, the decision almost always goes against the person of colour. This is unabashed racism. This racism becomes more pronounced if the person of colour is an Indigenous Australian or Pacific Islander. This unabashed racism is currently being exported to Australia’s Pacific neighbours via the Australian directed Regional Assistance Mission to Solomon Islands (“RAMSI”) and the AFP.

“We went into the Solomon Islands in order to restore the rule of law. What happened on 27 December [2007] did not involve the Australian government participating in a process of restoring the rule of law.” (Patrick O’Connor, Australian High Court concludes hearing into Julian Moti appeal)

Indeed, Australia did claim to go to the “… Solomon Islands in order to restore the rule of law …”, but far from restoring the ‘rule of law’ Australia stripped the Solomon Islands of its sovereignty and imposed in its place a form of neo-colonial rule far more oppressive than anything the European powers of the nineteen century could have dreamed up. What happened on 27 December 2007 is that the Australian Government kidnapped and unlawfully brought to Australia the former Attorney General Mr Julian Moti of the Solomon Islands to stand trial on what the former Prime Minister of The Solomon Islands Manasseh Sogavare described as “a sham and malicious conspiracy to indict an innocent man.”

In fact, in a media release dated 7 August, 2007 then Prime Minister Sogavare stated that and I quote this document in full:

Prime Minister Sogavare, with the full support of Caucus, has decided today to table in Parliament a questionnaire containing 666 questions addressed to the Australian Federal Director of Prosecutions, Damian Bugg QC, for his independent examination of the Moti case.
The questionnaire deals with the unsuccessful and unmeritorious Vanuatu prosecution of Moti, the shameful and politically motivated Australian investigation of Moti, and the violations of human rights, international law, and the national laws of the Solomon Islands, Papua New Guinea and Vanuatu. 

Sogavare says: “Our forensic and legal advisers have told the Solomon Islands Government that the Australian Federal Police investigation of Attorney General Moti QC is a sham and malicious conspiracy to indict an innocent man. Moti is a target of a vicious campaign to topple a democratically elected Government concerned about the protection of sovereignty.”
 “My Government will not enter into any further debate on the Moti case until DPP Bugg QC complies with our legitimate request under Solomon Islands and international law”, says Sogavare.“We know that DPP Bugg QC has not personally looked at the Moti file, yet his name is being used to authenticate the Australian prosecution of Moti.”
(My emphasis)

The entire Solomon Islands ‘666 questionnaire’ together with the Australian Governments responses can be read on Blak and Black by following this link.

“Our forensic and legal advisers have told the Solomon Islands Government that the Australian Federal Police investigation of Attorney General Moti QC is a sham and malicious conspiracy to indict an innocent man. Moti is a target of a vicious campaign to topple a democratically elected Government concerned about the protection of sovereignty.” Strong words from a democratically elected Prime Minister, but nonetheless true.

“There are other areas in which public confidence in the administration of justice is said to be relevant. One is… the abuse of process which arises when legal processes are used for purposes alien to their proper purposes.” Heydon J Moti v The Queen [2011] HCA 50.

If Carl Schmitt is correct and the “Sovereign is he who decides on the exception”, then based on what happened on 27 December 2007 RAMSI is sovereign in the Solomon Islands. Make no mistake, it was RAMSI in the form of the AFP who targeted Moti and engaged in “a vicious campaign to topple a democratically elected Government”. It was also RAMSI in the form of the AFP who engaged in conduct that had the potential to diminish public confidence “in the administration of justice” by using legal processes for “purposes alien to their proper purposes.” The final attack on the sovereignty of the Solomon Islands by Australia came in the form of the immunity provisions contained in the RAMSI Treaty.

The effect of these immunity provisions is that the AFP officers responsible for undermining the sovereignty of the Solomon Islands are immune from prosecution both in the Solomon Islands and in Australia. The immunity clause in the RAMSI Treaty is an ‘exception’, an ‘exception’ which makes RAMSI sovereign in the Solomon Islands.

An act of hubris, a loss of sovereignty

In August 2006 a car owned by former Federal Court judge and current barrister, Marcus Einfeld, was photographed speeding in Mosman. Einfeld said that his silver Lexus was being driven by Teresa Brennan, a visitor from the United States. But when it was found that Brennan had died three years earlier, Einfeld was soon in trouble over other traffic offences and faced serious charges including perjury.

This extraordinary act of hubris by former Australian Federal Court Judge Marcus Einfeld not only resulted in him being sentenced to a term of imprisonment of two years for lying under oath and perverting the court of justice in relation to a $77 speeding fine, but had consequences for the sovereignty of one of Australia’s near pacific neighbours.

A scandal in Australia, and an engrossing matter within legal circles, had its impact on the Solomon Islands where Einfeld had been appointed to chair an inquiry into the April 2006 riots in Honiara. When Einfeld withdrew, Solomon Islands Prime Minister Manasseh Sogavare moved to replace the Attorney-General Primo Afeau with Julian Moti, a Fiji-Indian by background and an Australian lawyer by training and citizenship. Sogavare was seen by his opponents in the Solomon Islands and some Australian observers as attempting to use Moti to oversee the terms and conduct of his riot inquiry to shift blame to RAMSI and away from the two members of parliament (Charles Dausabea and Nelson Ne’e) who were jailed for their involvement in the riots and have subsequently sued the Solomon Islands Government over their jailing.

After Sogavare announced the appointment of Moti as Attorney-General, the AFP issued a warrant for Moti’s arrest for an alleged child sex offence in Vanuatu in 1997. Sogavare saw a deliberate plan by Australia to frustrate his attempts to set up a separate inquiry and he appealed to arguments about Solomon Islands’ sovereignty and prejudice against a big and distant Australian bully.

Acting on an Interpol alert triggered by Australia, the Port Moresby police arrested Moti on 29 September 2006 in the transit lounge of Jackson’s airport when he was flying from Singapore to Honiara. After his arrest Moti was released on bail and decamped to the Solomon Islands High Commission in Port Moresby. As reported by the National Broadcasting Corporation and the two national dailies, the Prime Minister Sir Michael Somare advocated the release and transfer of Moti and punishing the police who arrested him. Somare’s reported words were explicit:”Let Moti go” and “my view was to make sure that he gets past our system and goes through [to Honiara]“. On Monday 9 October the only operational PNGDF CASA aircraft took off from Jackson’s airport and dropped Moti and other Solomon Island officials at a disused airstrip on Munda Island.

Had Einfeld not been forced to withdraw as chair of the inquiry into the April 2006 riots in Honiara, Sogavare might not have found himself in a position to appoint Moti as Attorney-General of the Solomon Islands. Likewise, if Australia had not been so paranoid about one man who was determined to defend the rights of his indigenous public for whom he was a servant, his appointment would not have mattered.

A former Judge caught lying under oath and perverting the court of justice cannot be seen as anything other than a form of corruption. Corruption not by an indigenous people living on a remote island in the Pacific, but corruption in the very seat of power in Australia, corruption that Australia has subsequently exported to our Pacific neighbours. Was Einfield’s fall from grace simply a matter of justice prevailing over corruption or were there more sinister forces at play?

In any event the results for the Solomon Islands have been profound in terms of its national sovereignty. One of the first national sovereignty issues we encounter when considering the role of RAMSI in the Solomon Islands is that of national or sovereign accountability. Under the FIAA the Participating Police Force (“PPF”) is accountable to the Deputy Police Commissioner who is a senior Australian Police Officer. The FIAA is silent on whether the Deputy Police Commissioner should resign his/her Australian commission before acceding to the post of Deputy Police Commissioner of the Solomon Islands.

If the Deputy Police Commissioner is allowed to accede to that post without first resigning their Australian commission, a parallel line of accountability is created within a sovereign state. Is this constitutionally sound?

This parallel line of accountability in turn gives rise to the question of immunity. Under the Solomon Islands Constitution, an aggrieved party may apply to the High Court for redress for the contravention of his/her fundamental rights. Section 18 (1) provides:

…if any person alleges that any of the [human rights provisions] of this Constitution has been, is being or is likely to be contravened in relation to him for, in the case of a person who is detained, if any other person alleges such contravention in relation to the detained then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

If a situation arises where a member of RAMSI is alleged to have violated the fundamental rights of a citizen of the Solomon Islands, the courts would be powerless to act unless RAMSI waives its immunity, which in turn raises the question: are the immunity provisions con tained within the FIAA consistent with Schmitt’s test of Sovereignty?

On the point of Schmitt’s test of Sovereignty, it is worth quoting from the Memorandum of Advice written by Mr Julian Moti QC in his capacity as Attorney-General of the Solomon Islands dated 27 August, 2007. In this advice Moti argues that if it is the intention of the Solomon Island’s Parliament to:

…incubate a permanent state of exception in Solomon Islands by retaining the presence of the visiting contingent here indefinitely, it might simply achieve that by delegating its plenary legislative power to “make laws for the peace, order and good governance of Solomon Islands” to the head of the visiting contingent. Assuming that would not be acceptable, it is necessary to enter into dialogue with all affected parties to reconcile identified problems before legislating future amendments to the existing FIAA regime.

As Carl Schmitt reminds us “Sovereign is he who decides on the exception” therefore if RAMSI personnel and support corporations are exempt from the equal application of Solomon Islands national registration and revenue laws and are further entitled to privileges and immunities which FIAA grants only to individual members of the visiting contingent, which as Moti argues can amount to nothing less than a permanent state of exception can the Solomon Islands Government still be seen as being sovereign in its own territory or has it, as Moti has suggested ceded its sovereignty to the Australian controlled RAMSI?

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X-Post: The Australian - Fijian Progress Muddied By The Media.

RATU INOKE KUBUABOLA

From: The Australian

January 27, 2012 12:00AM

AUSTRALIA is not simply a neighbour of Fiji. It is a part of our family. 

As such, Fiji will always hold Aussies close, same with Kiwis. But as Richard Herr and Anthony Bergin wrote earlier this month: "Fiji is getting on with new relationships that are less and less connected with Australia's interests in the Pacific islands region."

The reasons are practical, as well as personal. Just this week, the World Bank has again warned developing countries such as ours to begin preparing for another global economic shock as a result of the debt crisis in Europe and weakening growth in other emerging economies.

This underscores Fiji's move to grow and diversify its economy and relationships, which is what the Bainimarama government has been doing despite - and in light of - sanctions and restrictions imposed by Australia and New Zealand.

Our economic and diplomatic ties are now greater than they have ever been, an example of which is the first high-level visit to Fiji by the Russian Foreign Minister, Sergey Lavrov, in the coming weeks.
So while many in Australia and New Zealand have become solely focused on personalities and the past, they have lost sight of the future and the bigger picture, and with what Fiji has been up to.

I. Kubuabola

"Australian or New Zealand media or policymakers view Fiji. To them, we are a land of coups, failed institutions and a military dictator. There exists a condescending and patronising tone to most every statement and media report that comes out of Australia and New Zealand - whether lack of acknowledgement about the divisive politics, ethnic and religious strife and corruption that Fiji faced over the years or the full dismissal of international context when viewing Fiji's laws and governance."

Standard & Poor's recently upgraded Fiji's sovereign debt rating. We have a net deficit position of 1.9 per cent (ahead of the IMF's recommended target of 2 per cent). We are aligning more closely with free-market principles, and for 2012 have cut or eliminated taxes for 99 per cent of taxpayers (putting about $53 million back in the pockets of Fijians) and have significantly cut taxes across the board for businesses.
As a result, this year our economy is projected to grow, supported by traditional sectors and now enhanced by telecommunications, ICT, audiovisual and mahogany, among others.

Enabling this growth has been our focus on eliminating waste, fraud and abuse. Fiji unreservedly ratified the UN Convention Against Corruption in 2007, for which we have volunteered and undergone peer reviews by countries such as the US and France. New transparency rules will soon be put in place to ensure that all government officials disclose their assets and investments.

Sound fiscal policies and anti-corruption practices have helped encourage new trade and investment, which we have seen from private sector enterprise in Australia and New Zealand, but also China, India, Indonesia, Japan, Korea, Malaysia and the US, among other countries, and with new ones ahead.
In all of this we have sought to ensure that all levels of society are looked after: new roads, electricity, clean water and unrestricted internet access, most of which is being brought to places that never had them before; first-ever food voucher programs; subsidised bus fares; free textbooks; free public transport for the disabled; more legal protection for women and children; anti-discrimination laws; equal distribution of land lease monies; and more.

But none of this is representative of how the Australian or New Zealand media or policymakers view Fiji. To them, we are a land of coups, failed institutions and a military dictator. There exists a condescending and patronising tone to most every statement and media report that comes out of Australia and New Zealand - whether lack of acknowledgement about the divisive politics, ethnic and religious strife and corruption that Fiji faced over the years or the full dismissal of international context when viewing Fiji's laws and governance.
Fiji is under no misguided assumption that if oil or gas was found off Suva tomorrow our neighbours would be singing a different tune. But because Fiji's economy is based on tourism and sugar, the serious steps we are taking to realign our economy and re-establish our independence politically are not taken seriously by our historical allies.

The Bainimarama government has laid out a vision for what we seek to accomplish and a clear timeframe for getting it done. Our first priority, however, is to Fiji - ensuring Fijians have safe food and clean water, electricity, access to education and jobs, and the ability to take advantage of the opportunities afforded by our unique country. And so far the Bainimarama government has been able to deliver these services more efficiently and effectively than any previous one.

As Fiji continues to move forward to consultations for the new constitution and our first truly democratic elections, we would welcome the encouragement and participation of Australia and New Zealand.
Fiji is engaged more fully with the global community, and we aim to uphold our place as a "vital element" of regional affairs.

Ratu Inoke Kubuabola is Fiji's Minister for Foreign Affairs

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Landlubber diplomacy won't work in Fiji - The Hill's Congress Blog

Eni Faleomavaega (Image source: House.gov)

U.S Congressman Eni F.H. Faleomavaega  recent opinion piece "The Hill's Congress Blog" titled: "Landlubber diplomacy won't work in Fiji" 

 Rep. Eni F.H. Faleomavaega (D-American Samoa) is the Ranking Member and former Chairman of the U.S. House Foreign Affairs Subcommittee on Asia and the Pacific.
 

In Samoa, when a tauta (landman) advances an opinion about fishing or navigation, he is met with the reply "O le va’ai le tauta" – or, "that is the opinion of a landlubber."

In response to Fiji’s 2006 coup, Australia and New Zealand have advanced a policy to force Fiji back to democracy. Based on a Eurocentric mindset that fails to take into account Fiji’s colonial history, complex ethnic mix and chiefly, provincial, religious and family rivalries, Australia and New Zealand imposed a wide range of sanctions on Fiji and cut off diplomatic channels.

Having no policy of its own, the U.S. marched in time, applying section 508 sanction law which severed U.S. aid to Fiji. U.S. sanctions, however, have had no consequence because U.S. aid to Fiji was less than $3 million per year.

Of consequence is Pakistan. In 1999, when General Pervez Musharraf overthrew the democratically-elected government of then Prime Minister Nawaz Sharif, the U.S. waived 508 sanction law, despite the fact that for nearly ten years General Musharraf never made good on his promise to resign his military commission and hold free, fair and transparent elections in Pakistan. 

The U.S., like Australia and New Zealand, cooperated with Pakistan’s regime – even providing billions in aid – because we understood then like we should understand now that engagement is vital to our interests and necessary if our long-term objectives are peace, stability and democracy.

Do Australia, New Zealand and the U.S. consider Fiji vital to our interests? If not, I believe we should given China and Iran’s growing presence in the region. If so, we need a new way forward.The U.S. can no longer rely on landlubber diplomacy which seeks to force democracy by isolation. Every tautai (navigator) knows – democracy can’t be forced. Force is contrary to the order of democracy and contrary to our innate desire to choose.

To succeed in Fiji, we must start from the beginning. The legacy of Fiji’s colonial past has never been fully resolved since Fiji gained its independence in 1970. To date, Indians control many of the small businesses. Australia and New Zealand control major banking and commercial enterprises, and indigenous Fijians control much of the communal land and military establishment, with serious divisions existing between traditional leaders and lower-ranking Fijians.

So far, no resolutions have been established to provide balance and fairness to both Fijians and ethnic Indians. In the past 20 some years, Fiji has had four coups and three constitutions. In the two coups of 1987 and the political crisis of 2000, ethnic tensions played major roles.

Until we understand this beginning and begin to converse about it, democracy will not get underway. Having had several discussions with interim Prime Minister Voreqe Bainimarama and dozens of others during my visits to Fiji, I believe U.S. leadership can help strengthen bilateral ties and improve regional conditions. 

By employing smart diplomacy in Fiji – which has been the hallmark of President Obama and Secretary of State Hillary Clinton’s foreign policy initiative even in Myanmar – I have every hope that we can achieve equal suffrage and other political, economic and social reforms targeted under the “Strategic Framework for Change,” just as the interim Prime Minister seeks.

 

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X-Post from Land Destroyer: Australian Militarism in the Asia-Pacific Century

Land Destroyer: Australian Militarism in the Asia-Pacific Century: Nile Bowie NileBowie.blogspot.com January 22, 2012 For a nation who has historically subordinated itself to larger powers, Australia’s Labour-led foreign policy shows little divergence away from being wholly complicit to American full spectrum dominance in the region.

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CSIS Interviews Winston Thompson.

Ernest Z. Bower of Center for Strategic and International Studies (CSIS) interviews Winston Thompson, Fiji Ambassador to the United States.

(Video posted below)




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Russian Foreign Minister Visit To Fiji & The Bigger Picture.

Fiji-Russia relations have significantly been buoyed with the news of a proposed visit from Russia's senior diplomat: Foreign Minster Sergey Lavrov. The state visit was discussed between Fiji Prime Minister and Russia's Ambassador to the region.

Fiji PM and Russia's Ambassador, Vladimir N Morozov.

Lavrov will be considerably the most highest ranking Russian official to visit Fiji, to date and is a historic occasion and as well as a unique geopolitical one as well.
While Australia stonewalls any serious engagement with Fiji, inextricably it also exiles itself to the 'endless steepe' and watches in mute frustration as the regional architecture re-calibrates to the events in flux. As a result, other meaningful diplomatic partners have reached out and cemented their relationships within the region.
Australian Foreign Minister, Kevin Rudd commented in a recent Radio Australia interview, on the non- removal of sanctions against Fiji.
Undoubtedly, it certainly appears that Australian Government are definitely quite insecure with other larger players stepping into the diplomatic sandbox and have long considered the Pacific region as their own sphere, to be influenced and exploited by any means necessary.
Last November, Australia lashed out at Russia's resourceful diplomacy in the South Pacific region and the reaction only under girds the index of insecurity within the circles of Australia's foreign policy establishment; who not only are out of touch, but out of answers.

Bloomberg article highlighted the regional aspects in Russian diplomacy.

Strategic Spotter blog post authored by Alexey Muraviev, outlines the geo-strategic abilities of Russia in the Pacific region. The macro view of Eurasian geopolitical events have been succinctly described in an opinion post by Pepe Escobar and may also have some bearing in the Pacific region and vice-versa, considering the volatile events in Syria and Iran.

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X-Post: Strategic Culture Foundation :- China – USA: Struggle for Control of Pacific.

China – USA: Struggle for Control of Pacific

Vladislav GULEVICH (Ukraine) | 10.01.2012 | 00:00

Asia - Pacific region is attracting the increasing attention of Western politicians against the backdrop of Chinese growing military and economic might. For instance the US influence had been indisputable until recently but today China’s intensifying efforts to raise its profile in the geostrategic area is something seen with the naked eye. US analysts sound the alarm saying the Chinese simply “pick up” the countries the US administration failed to build relationships with.  No doubt the Washington’s many years old human rights rhetoric, grown to become a foreign policy dogma, failed it. By ostracizing the ruling regimes in the Asia – Pacific for their incompatibility with “democratic values” in the US perception, it has involuntarily pushed them into China’s embrace. That’s the way it happened in case of Myanmar (Burma). Till the USA criticized the Myanmar leadership for lack of freedom the Chinese promoted their interests there while cooperating with the powers that be of this poorest country at all levels. The Myanmar’s economy and infrastructure received from China dozens of billion of US dollars, about the same amount was rendered as military aid. Myanmar President U Thein Sein’s visit to China in 2011 became an evident prove of the growing bilateral cooperation. Then the China’s leadership said very important things about Beijing and Rangoon sharing strategic vision of international problems, the fact that couldn’t go unnoticed by the White House and not put it on guard.  The Myanmar’s geographic position has an important military strategic advantage – common border with India, China. Thailand and Laos. Myanmar is a good platform to exert pressure on China and exercise control over the strait of Malacca, passed by about 50 thousand ships yearly (one fifth or one fourth of the world commodity turnover). 11 millions barrels of oil are shipped through the strait daily. One of the oil consumers is China. Moreover Myanmar is rich in resources: oil, tin, tungsten, zinc, lead, copper, coal, precious stones, gas. It allows to easily win influential neighbors favor. Under the given circumstances Washington’s calls for the country’s international isolation will hardly produce any results. Myanmar will always find someone instead of the US. Vladislav Gulevich: "The United States and Australia have an agreement on US military presence on Australian soil. No new bases are envisioned but the US servicemen have a right of permanent access to the Australia’s military infrastructure and the US naval presence in adjacent seas is to grow. Having military facilities in South Korea and Japan the United States is able to boost its influence in Western and Southern Asia-Pacific, including the South China Sea considered to be sovereign territory by the Chinese. The Sea control presupposes obvious geopolitical advantages once this waterway is the shortest and the most safe one for shipping from China, Japan and Russia to the Singapore strait and back. New Zealand watches the Chinese Asia-Pacific diplomatic expansion closely, especially after China became close to the island nation of Fiji, situated in Southern Pacific, 1170 km from it. There is an apprehension that the very pace of Chinese – Fiji cooperation development may lead to one of the Fiji island becoming a place of China’s permanent naval presence. Here – the Chinese in Fiji, there – the Chinese in Timor. " The same story takes place in case of a small island nation called Timor-Leste. The island enjoys an advantageous geographic position. It’s situated at arm’s length from neighboring Australia and Indonesia, the bottom of the Timor Sea is rich in oil and gas. For instance, the Bayu - Undan’s oil reserves are estimated to be $ 3 billion. The vicinity of the strait of Vetar is important too. It’s a deep water strait and is ideal for submarines passage from the Pacific into the Indian ocean. In contingency submarines effective activities will require control over it, that, in its turn, requires control over Timor-Leste. In 2002 this former Portuguese colony eyed by Indonesia became independent. Since then the Washington and Beijing have been vying for influence there, the last one doing much better. The Chinese have already received a $ 378 million contract for two power plants construction. Light arms, uniform and other military equipment are bought in China. There is a 4000 Chinese diaspora on the island. A $ 3 billion credit from China was agreed on in January 2011. Before the career open Timorese used to get education in Australia or the USA to be promoted to high positions in politics or economy. Now it’s not the case anymore, they prefer to go to China for the purpose.  As the situation dictates, Washington strengthens its military strategic ties with Australia and New Zealand. An Australian military delegation headed by Stephen Smith, minister of defense, visited the US in July 2011 on the occasion of the 60 anniversary of the bilateral alliance. Afghanistan and growing might of India and China were among the issues topping the agenda. Australia confirmed its resolve to go on being the US “south anchor” in South-East Asia (1). US State Secretary Hillary Clinton made public the Washington’s intent to make the XXI century a century of the US Pacific policy (2). Australia is the major US ally in this part of the globe, its army strength is 51 thousand and it has over 19000 reservists. The country’s mobilization reserve is 4,9 million men. Canberra’s military expenditure is 2% of its GDP.  There are 16 US military facilities on its territory, including a missile test site and a navy communication station for nuclear submarines. Timor-Leste, Indonesia and Papua – New Guinea are situated to the North. The distance between Papua – New Guinea and continental Australia is only 145 km, narrowing down to just 5 km in case of the Australian Boigu and Papua – New Guinea. Vanuatu, New Caledonia and the Solomon Islands lie to the North- East of the Australian continent. New Zealand is situated to the South-East. Among the countries listed here only New Zealand is a staunch and unambiguous ally of Australia, be it economy or policy. The others are attentively (and not without results) viewed by Beijing.  The United States and Australia have an agreement on US military presence on Australian soil. No new bases are envisioned but the US servicemen have a right of permanent access to the Australia’s military infrastructure and the US naval presence in adjacent seas is to grow. Having military facilities in South Korea and Japan the United States is able to boost its influence in Western and Southern Asia-Pacific, including the South China Sea considered to be sovereign territory by the Chinese. The Sea control presupposes obvious geopolitical advantages once this waterway is the shortest and the most safe one for shipping from China, Japan and Russia to the Singapore strait and back.  New Zealand watches the Chinese Asia-Pacific diplomatic expansion closely, especially after China became close to the island nation of Fiji, situated in Southern Pacific, 1170 km from it. There is an apprehension that the very pace of Chinese – Fiji cooperation development may lead to one of the Fiji island becoming a place of China’s permanent naval presence. Here – the Chinese in Fiji, there – the Chinese in Timor.  Moreover, there is a chance the Chinese would have a foothold in the Seychelles. China’s Defense Minister Liang Guanglie said so in September 2011 in response to the Seychelles president James Michael’s proposal to host a China’s naval base on his country’s soil. Situated between Asia and Africa to the North of Madagascar in the Western part of the Indian ocean, the Seychelles is a country of great strategic importance. Control over a significant part of the Indian ocean, as well as the waters adjacent to the shore of East Africa (Kenya, Mozambique, Somalia) becomes possible once an adequate naval force is based there. The Seychelles signed a military cooperation agreement with China in 2004 that includes 50 Seychellois servicemen getting training in China (3). Besides the Chinese rendered significant aid to the Seychellois navy. In turn the Seychelles openly declared adherence to the principle of “One China” that is refused to recognize Taiwan. The Chinese navy ships already patrol narrow waters of the Indian ocean where the pirates threat is high. They need logistics resupply and maintenance facilities. May be that’s what the Seychelles may provide them with. Once the Chinese economy depends on external trade to great extent, Beijing has vital interest in eliminating piracy in this waters. Washington fears then there will be no way to push the Chinese navy out (2). In 2004 Booz Allen Hamilton, US government consulting firm, reported the substance of the Chinese tactics is to acquire a “necklace” of naval basing facilities in the Indian ocean (3). The Chinese interest towards the Seychelles evokes apprehension on the part of Washington keeping in mind there is a US unmanned aerial vehicles facility on the islands destined to tackle mysterious Somali pirates and exercise control over the territory of Somalia.  Still there are weak points of China’s position in the Asia-Pacific. Some experts say Beijing has no clear blue water strategy at the state’s level. Defense and promotion of economic interests is one thing, but a full-blown doctrine of strengthening its presence in the whole Pacific is something else.  A blue water strategy is something of a larger scale than just strategy and tactics adopted by a navy. It should comprise coordinated multifunctional activities of special state institutions – from major staffs and military experts to oceanographic institutes and economists. That’s why China will avoid sea conflicts as long as it can to upgrade its naval potential and implement its strategy towards Pacific countries including those in the immediate vicinity of the two major US allies – New Zealand and Australia. Beijing needs time. China relies on diplomacy (inexpensive means of taking care of its interests) and economy.  In case of economy China’s advancement into Africa is a good example: in 2003 the bilateral trade turnover was $10 billion, it was already $20 billion in 2004. China signed agreements on cooperation in the field of natural resources extraction with Angola, Nigeria, Zambia, Congo, Zimbabwe etc. Asia-Pacific is still only third China’s aid recipient – after Australia and the USA but it strives to get a foothold in as many strategically areas as possible, so that at the moment the US becomes critically weak it could start a dialogue with it not from the position of weakness but rather the position of strength.  1. Edi Walsh «America’s Southern Anchor?» (The Diplomat August 25, 2011) 2. “Clinton says 21st century will be US`s Pacific century” (Xinhua/Wang Fengfeng, 12.11.2011) 3. Jody Ray Bennett «Seychelles: An Open Invitation for China» (ISN Insights, 27. 12.2011)

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The End Crowns The Work.

L
owy's Institute blog "The Interpreter" featured a post titled"Fiji: One Step Forward, Two Steps Back", authored by Jenny Hayward Jones, who remarked about the
amendment (PDF) to the Public Order Act of 1969:

It is too early to know the impact of this new decree or indeed the real impact of the Media Industry Development Decree, both of which appear to be aimed at enshrining in law most of the temporary powers available to the Fiji Government under the Public Emergency Regulations.

Jones continued later in the same post, arguing that the new found accolades for the recent removal of the Public Emergency Regulations (PER) in Fiji, were incompatible with the new amendments to the Public Order Act:

However, the fact that [Bainimarama] felt he could shun the plaudits he won from lifting the Public Emergency Regulations through(sic) the new restrictions on freedoms promised by the Public Order Decree suggests he continues to have little regard for the opinion of the international community.

While, it has been widely accepted that Fiji is still trudging in its own pace, on the road towards democracy; it would be rather naive at best for observers to assume that Fiji had arrived in its moment in the sun and claimed the status as described in former US President Reagan's historic speech of "city on a hill".

SiFM

"On one hand, Fiji is not a democracy; yet the shortfalls in media freedom is to be expected. On the other hand; the United States has been fully fledged member of the democracy club; yet the lack of media coverage of such mega erosion of civil liberties; does point to some degree of censorship in their newsrooms.

Is it the same international community that welcomed Fiji's removal of PER; have hypocritically acquiesced to the erosion of civil liberties in America?"

Comparatively, when considering the fore-mentioned amendment to the Public Order Act in Fiji (an infant in terms of democracy) and contrast that with America (hundreds years of being a democratic republic); the news of  the recent passage of the NDAA bill, now signed into law by US President Obama only highlights such a dichotomy in democratic ideals and those who profess them incessantly.

The Guardian newspaper article underscores such hypocrisy:

President Barack Obama rang in the New Year by signing the NDAA law with its provision allowing him to indefinitely detain citizens. It was a symbolic moment, to say the least. With Americans distracted with drinking and celebrating, Obama signed one of the greatest rollbacks of civil liberties in the history of our country … and citizens partied in unwitting bliss into the New Year.

In the same "City on a hill" speech in 1974, Ronald Reagan highlighted the uniqueness of the US Constitution:

The culmination of men's dreams for 6,000 years were formalized with the Constitution, probably the most unique document ever drawn in the long history of man's relation to man. I know there have been other constitutions, new ones are being drawn today by newly emerging nations. Most of them, even the one of the Soviet Union, contain many of the same guarantees as our own Constitution, and still there is a difference. The difference is so subtle that we often overlook it, but it is so great that it tells the whole story. Those other constitutions say, "Government grants you these rights," and ours says, "You are born with these rights, they are yours by the grace of God, and no government on earth can take them from you."

The world certainly knows fully well now, how things have changed in America.
The Guardian article further illustrates the scale and magnitude of how such civil liberties have been eroded and also points fingers at the mainstream media for not highlighting such major assaults on the U.S Constitution:

The almost complete failure of the mainstream media to cover this issue is shocking. Many reporters have bought into the spin of the Obama administration as they did the spin over torture by the Bush administration. Even today, reporters refuse to call waterboarding torture despite the long line of cases and experts defining waterboarding as torture for decades.
On the NDAA, reporters continue to mouth the claim that this law only codifies what is already the law. That is not true. The administration has fought any challenges to indefinite detention to prevent a true court review. Moreover, most experts agree that such indefinite detention of citizens violates the constitution.

It was even suggested in Jones' latest blog post in "The Interpreter", which ironically has the image of Ronald Reagan on its website, that the International Community were willing to look past the sins of Fiji:

Nevertheless, there are still opportunities for the international community to look past the sins of Fiji's Prime Minister and help the people of Fiji achieve their aspirations for democracy.

Regardless of Jones' authority to speak on behalf of the International Community,  it is highly questionable if the same international community Jones speaks of, routinely outlined the important role of the media in society and welcomed the PER removal in Fiji.

Jones also did point out the fact in a previous post that, during Fiji's PER had censors in the newsrooms:

Although Government censors may no longer patrol news rooms in Fiji after next week, it would be a brave editor who published overt criticism of the Government, given the strict punishments outlined in the Media Decree. Importantly, the Fiji Government now feels secure enough to commence discussions on a new constitution.

Unfortunately, the dichotomy which was highlighted earlier, does seem to widen and become much more embarrassingly apparent, in the context of Fiji and the U.S.

On one hand, Fiji is not a democracy; yet the shortfalls in media freedom is to be expected. On the other hand; the United States has been fully fledged member of the democracy club; yet the lack of media coverage of such mega erosion of civil liberties; does point to some degree of censorship in their newsrooms.

Is it the same international community that welcomed Fiji's removal of PER; have hypocritically acquiesced to the erosion of civil liberties in America?

In fact, other commentators have pointed other misuses of the fourth estate in the U.S.

Posted below is a video of such manipulations in the media, that the ubiquitous international community, mainstream media outlets and think tanks like Lowy Institute have silently tolerated. While Fiji is understandably moving one step forward and two steps back, as pointed out by Jones; it is not moving in circles and preaching that democracy is the be all and end all to everything.





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