X-Post-Foreign Policy In Focus: Vacuuming Up the Pacific's Resources

By Arnie Saiki, March 5, 2012

The 11^th round of the Trans-Pacific Partnership (TPP) negotiations is currently taking place in Melbourne, Australia. Although negotiators have agreed to the broad outlines of the TPP agreement, a new trade issue has created a snag in the process: the inclusion of investor-state dispute settlement provisions. Australia has refused to accept the investor-state dispute settlement, and U.S. industry associations are urging President Barack Obama to overcome these objections. These investor-state dispute settlement provisions have been included in U.S. investment treaties and trade agreements with more than 50 countries, and there are over 2,500 of these accords currently on record. These provisions, however, give advantages to large economies and can cripple small island states like Pacific Island nations.

Obama describes the TPPA as a "a trade agreement for the 21st century" that improves on and rectifies the past problems in U.S. trade and investment treaties and trade agreements with more than 50 countries, and there are over 2,500 of these accords currently on record. These provisions, however, give advantages to large economies and can cripple small island states like Pacific Island nations.

Nine countries are currently negotiating the TPPA:the United States, Australia, New Zealand, Chile, Peru, Brunei, Vietnam, Malaysia, and Singapore. Japan is in preliminary talks, and Canada and Mexico are looking to join. Although the negotiations are being held in secret, leaked documents confirm that the TPPA is a “NAFTA on steroids.” Contrary to democratic practice, the documents connected to the negotiations will remain secret for four years after being signed or dismissed.

Arnie Saiki

"For most Pacific Island countries (PICs), trade has been a series of disadvantageous agreements with larger economies that negotiate access to island resources. The PICs have remained economically tethered to larger economies despite attempts at small-island integration by sub-regional institutions like the Pacific Island Forum (PIF) or the more progressive Melanesian Spearhead Group (MSG). Just last year, a new sub-regional group called the Polynesian Leader’s Group challenged the MSG, which had made waves by advocating participation in an alternative economic system."

The United States is leading the negotiations and has a great deal of influence over the outcome of the agreement, which covers a vast range of subject matters, including tariffs on goods, trade in services, labor and the environment, telecommunications, and intellectual property. For Pacific Islands, however, the investor rights chapters may offer the greatest challenge to Pacific Island environmental resources.
The small Pacific Island economies are not formally a part of the TPPA negotiations and yet they are tethered to the larger economies of Australia, New Zealand, Chile, France, and the United States. Pacific Island countries are also not member economies of APEC (the economic regional forum that spawned the TPPA). They participate only as observers through the Pacific Island Forum, which facilitates the neo-liberal economic agenda through a basket of sub-regional agreements like the Pacific Island Countries Trade Agreement (PICTA). Still, larger economies pay considerable attention to the Pacific Island countries because of their resources, like fisheries, precious metals, and minerals, as well as their strategic value as military outposts and waterways.

Pacific Trade

Throughout Oceania, native peoples separated by thousands of miles share similar cultural and often linguistic bonds. Long before contact with the west, Pacific peoples not only were connected by the currents of their ocean homes but had established trans-pacific navigational routes, trade, and for the most part a sustainable relationship with their environmental resources.
For most Pacific Island countries (PICs), trade has been a series of disadvantageous agreements with larger economies that negotiate access to island resources.

The PICs have remained economically tethered to larger economies despite attempts at small-island integration by sub-regional institutions like the Pacific Island Forum (PIF) or the more progressive Melanesian Spearhead Group (MSG). Just last year, a new sub-regional group called the Polynesian Leader’s Group challenged the MSG, which had made waves by advocating participation in an alternative economic system. By joining with a bloc like the BRICS (Brazil, Russia, India, China, South Africa), Pacific Islands might do better than the neoliberal programs advocated by PIF.

In comparison with other emerging economies, Pacific Islands have poor performance records. Much of the blame rests on the neo-liberalism of regional institutions like the ADB and APEC. Since the late 1990s, an increase in aid-based relationships has not only stunted the development of many island peoples but also provided a dumping ground for overstock and consumer detritus. Although private investment has had some success in developing traditional farm and fishery practices, these projects are dependent on funding from the Asian Development Bank (ADB), the EU, the World Bank, and U.S. and Australian aid organizations.

In a 2006, the ADB examined small island states among the developing member economies, suggesting that isolated and vulnerable economies remain under economic stress as a result of their governments’ inability to guarantee the basic security of their people.

In 2008, as a response to its self-funded study, the ADB worked with international partners to deliver infrastructure services in the Pacific to streamline private-sector investment to industrial sectors like energy, water, waste, security, and telecommunications, as well as mining, cash crops, and fisheries. The Pacific Region Infrastructure Facility (PRIF) is one such organization.
Privatization is the latest vehicle for the exploitation of island resources. But these international investment projects, along with the bilateral investment treaties that support them, have yet to provide any long-term sustainable cultural or environmental benefit to small island economies.

 Impact of the TPPA

Embroiled in a decades-long struggle for independence from Chile, Rapa NuiTPPA that Chile signed in 2005. Since joining the TPPA, Rapa Nui has been fighting a tidal wave of development proposals for mining projects, airfields, ports, casinos, and hotels. These projects, which would irreparably change a UN World Heritage site, primarily benefit the Chilean government and the investment regime. For example, through the transnational Transoceanica Holdings, international investors funded the development of the Hotel Hanga Roa on land belonging to the Hitorangi clan. In 2010, as the Hanga Roa prepared to open, members of the clan occupied the hotel. Rapa Nui erupted in violence when Chilean President Sebastián Piñera sent navy cruisers and hundreds of armed security forces to end the unarmed protests.

In recent discussions around the TPPA, little attention has focused on how a regional “Asia-Pacific” free-trade agreement will actually impact Pacific Islands. But some recent examples of investments in the region are quite revealing. In Papua New Guinea, Canada’s Nautilus Minerals has launched a new deep seabed-mining project called Solwara 1. Large deposits of gold, silver, nickel, copper, manganese, and other rare-earth minerals are buried deep in the seabed, and the method for extracting these minerals – basically vacuuming up the seabed onto a barge – has only recently been developed.

Little is known about the deep seabed, and no conclusive environmental study has been completed. But the life that thrives in this unusual environment is sulfur-based rather than oxygen-based. When the sludge is extracted onto a barge, it is then separated from the commodity metals and minerals and then dumped back into the ocean. The impact of this sulfuric sediment absorbed by fish or reefs is unknown. However, sulfuric changes in the environment negatively affect oxygen-based plants and animals, as people living with vog (volcanic smog) know all too well.

After the International Seabed Authority changed the regulations for deep seabed mineral extraction, Nautilus acquired even more international investment to lease large tracts of deep seabed in Fiji, Tonga, the Solomon Islands, and New Zealand. These changes have prompted other Canadian, U.S., and Australian mining companies to lease seabed areas in the Exclusive Economic Zones of many other Pacific Island Countries. This mining deregulation, which has resulted from agreements like the TPPA, will likely push ocean biodiversity closer to what the International Programme on the State of the Ocean describes as “irreversible, catastrophic change.”

Consider also the case of Endeavor Mining, which recently offered the Cook Islands government a partnership proposal worth $1 billion over three-and-a-half years for mineral and mining rights to the seabed resources. Typically, since Endeavor is also an independent merchant bank focusing on the global natural resources sector, it will likely offer investors a package of financial incentive benefits that will reward investors at the expense of a state whose 2009 GDP was just short of $200 million.

If made responsible for cleanup in the event of accidents, island governments and taxpayers could be liable for any financial losses. As a result, Cook Islanders might find themselves in an ecological catastrophe and mired in debt. Additionally, to qualify for loans to pay back this debt, multilateral lending institutions may well insist on austerity measures that would lead to further deregulation. Locked into a variety of competing investor agreements, the Pacific islands will find themselves in a race to the bottom, both economically and environmentally.

If the investor-rights “chapter 11” provisions in NAFTA provide any clues about how the TPPA will privilege international investor agreements over government regulations, the Pacific Islands will be opened up to tremendous resource exploitation. Environmental regulations are all that protect the fragile biodiversity of the region. And the costs associated with the despoliation will largely fall on the shoulders of Pacific islanders themselves. The corporations will reap the profits; the Pacific Islands will have to pay the long-term bill.

Looking Beyond the TPP

The average GDP of the smaller developing Pacific islands is around $350 million, with the exception of Fiji, whose annual GDP is around $3.5 billion, and Papua New Guinea at around $9.5 billion (for perspective, New Zealand’s GDP is around $125 billion). There is a tremendous gap between the combined GDP of the islands and the value of the resources exploited from these countries.

This gap represents a strategic imperative for Pacific island economies to integrate along the lines of sustainable trade and sensible environmental regulations. The TPPA is certainly not an equitable integration scheme.

Rather, this NAFTA of the Pacific is like tossing a shark in a fish tank. The TPPA will give even less room for PICs to negotiate positive environmental regulations or manage to accrue social or economic benefits from their natural resources.

Pacific Islanders need to be part of the negotiating process to ensure they are at least able to integrate their commodity resources, since they are critically unequipped to develop their economies to scale with the larger economies. They also need to create a regional regulatory agency that can independently manage the various trade and investment agreements. Without democratic input and democratic control, the TPPA will vacuum up all the resources of the Pacific and leave a poisoned ocean in its wake.

Arnie Saiki is the writer/director for Statehood Hawaii/Imipono Projects. He coordinated the Moana Nui 2011 conference in Honolulu with Pua Mohala I Ka Po and the International Forum on Globalization. He is a contributor to Foreign Policy In Focus.

Recommended Citation:

Arnie Saiki, "Vacuuming Up the Pacific's Resources" (Washington, DC: Foreign Policy In Focus, March 5, 2012)

Further Reading :

Pacific warned of hidden dangers in Obama's new TPP push (Radio Australia)

The Trans-Pacific Partnership-A New Paradigm Or Wolf In Sheep's Clothing?

Economists Issue Statement on
Capital Controls and the Trans-Pacific Partnership Agreement

TPP-The NAFTA of the Pacific

 How Brazil Challenged Europe and Won.

Taxonomy of Dolls and Mutants (Radio Lab)

SiFM post on seabed mining:

http://stuckinfijimud.blogspot.com/2008/04/rush-to-mine-pacific-seabed-fiji.html

SiFM post on TPP and America's Pacific Century Pivot:

http://stuckinfijimud.blogspot.com/2011/11/americas-pacific-century-pivot.html

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Bob Carr and Australia's Foreign Policy.

Bob Carr looks at Julia Gillard [Image source: ABC]

Babasiga post highlights the appointment of Bob Carr as Australia's Foreign Affairs Minister.

Radio Australia article suggests that the new incumbent will focus on the Pacific region, after being neglected by Carr's predecessor.

Lowy Institute's blog "The Interpreter", addressed the content of Bob Carr's blog and some of the perceived view points, the nascent Foreign Minister holds with regards to Foreign Policy.

All things considered, it would be naive at best for the Pacific region to expect a sudden change in DFAT and its abysmal track record under Rudd's tenure. WSWS article underscored Rudd's uncanny ability to self promote:

US Ambassador McCallum wrote a scathing cable, describing the APC idea as “hastily rolled out, with minimal consultations.” He continued: “Rudd seems to be in a hurry not only to demonstrate Australia’s regional influence as a ‘middle power’, but also to begin to establish his legacy

SiFM also addressed the same concerns in a numerous posts- here , here and here.

The capability of Carr is not in question, however, the Pacific region will soon determine whether a new chapter in Australian Foreign Affairs has indeed been opened.

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X-Post- Scoop: A New Containment Policy In The South Pacific

Friday, 24 February 2012, 11:45 am

A Word From Afar –
By Paul G. Buchanan
 
One of the interesting aspects of the leaked emails between Foreign Minister Murray McCully and MP Johns Hayes, a former diplomat, is the latter’s mention of the need to “resist” China’s growing presence in the South Pacific. With that simple advice Mr. Hayes has revealed a much larger issue, one that undoubtedly has been discussed at length with New Zealand’s major allies, Australia and the US. The issue is how to contain China. 

Along with nuclear deterrence, “containment” was at the heart of Western approaches to the Cold War. The strategy of containment was to resist and counter-balance Soviet influence in the Third World, including the South Pacific. New Zealand had a significant role in the application of anti-Soviet containment in the South Pacific, and its diplomatic, military and intelligence assets were used to that end. With the collapse of the Soviet Union and end of the Cold War, there followed a decade of relatively benign neglect of the South Pacific by traditional Western patrons, who cast their geostrategic gaze elsewhere and prioritized accordingly.

Into that breach stepped the People’s Republic of China (PRC), which used phenomenal economic growth to expand its sphere of influence throughout the Western Pacific basin and beyond. As an emerging great power China must fuel its growth via the importation of raw materials from new investment markets, and must extend its influence (and deploy force) along the sea lines of communication through which these imports flow (with the South Pacific now being a major corridor between South American and Australasian investment and trade with the Chinese mainland).

In the South Pacific, China’s interest has been manifest in the use of “chequebook diplomacy” to provide aid and investment unencumbered by “good governance” and transparency requirements upon which most Western aid and investment is based. Besides winning friends in the Pacific Island Community (PIC) with this practice, the PRC also encourages Chinese migration to the region as a source of semi-skilled and skilled labour (most of the Chinese-funded infrastructure development projects in the South Pacific require the use of Chinese rather than local labour).

Resident Chinese communities now constitute important segments of the merchant and investor classes in places like Fiji, Tonga and the Solomon Islands, where they are suspected by Western intelligence agencies of engaging in human intelligence collection on behalf of the homeland.
To this can be added the expansion of diplomatic and military ties between the PRC and PIC nations, to the point that the PRC has the largest diplomatic presence in the region (its embassy in Suva is the largest in the PIC) and has established military-to-military ties with countries such as Fiji (in part to take advantage of the strained ties between the Bainimarama regime and its Antipodean critics).

Chinese navy surface vessels now make regular port calls throughout the South Pacific, and its submarines are reported to make 6-10 deployments per year deep into Southern waters, often tailing a growing Chinese fishing fleet that has on-shore processing facilities throughout the region and which is suspected of providing cover for Chinese signals intelligence monitoring.
It was not until the mid 2000s that the US and its South Pacific allies reacted to this trend. Since then, the US has shifted its strategic priority away from Europe and towards East Asia, including moving the bulk of its naval assets to the Pacific. The US has re-opened aid and trade missions in the PIC, and most importantly, has solidified and expanded its security ties with Australia and New Zealand (including the November 2011 “Wellington Declaration” whereby New Zealand was restored as a full security partner of the US after years of tension stemming from its 1985 non-nuclear decision).

Paul G. Buchanan


"To this can be added the expansion of diplomatic and military ties between the PRC and PIC nations, to the point that the PRC has the largest diplomatic presence in the region (its embassy in Suva is the largest in the PIC) and has established military-to-military ties with countries such as Fiji (in part to take advantage of the strained ties between the Bainimarama regime and its Antipodean critics)

[...]In places like Fiji, application of the containment strategy may be a case of too little too late, as China has cemented its relationship with the Bainimarama regime. But elsewhere, even in countries with a strong Chinese presence such as Papua New Guinea, the Western alliance is in full containment mode."

The twist in this tale is that both Australia and New Zealand have become increasingly dependent on trade with the PRC, which has caused them to pay much diplomatic lip service to the concept of mutual interest with the PRC and given an increasingly Asian focus to their respective foreign policies.
However the reality, as indelicately phrased by Mr. Hayes, is that not only the US but also Canberra and Wellington fear the emergence of China in the South Pacific because its rise has the potential for supplanting the US-led alliance as the dominant regional player. Thus the strengthening of trilateral security ties between them and the expansion of their bi- and multi-lateral diplomatic overtures (mostly couched in the language of developmental aid) within the context of the Pacific Island Forum (PIF) and South Pacific Community (SPC). Along with EU engagement with the PIC (now on the wane), the diplomatic re-emphasis is designed to counter-balance Chinese influence and restore a pre-eminent Western orientation in the PIC.

All of this involves a mix of “hard” and “soft” power (using military, diplomatic and economic instruments) in order to engage in the “smart” use of aggregated Western influence in the face of Chinese regional inroads. If nothing else, renewed Western involvement in the South Pacific raises the economic and diplomatic costs to the Chinese of maintaining their position, which in turn diverts resources that otherwise could be directed elsewhere. The South Pacific Chinese containment strategy, in other words, is directed at “rolling back” Chinese regional influence.

In places like Fiji, application of the containment strategy may be a case of too little too late, as China has cemented its relationship with the Bainimarama regime. But elsewhere, even in countries with a strong Chinese presence such as Papua New Guinea, the Western alliance is in full containment mode.
For Australia, with its mineral resources coveted by the Chinese and an association with the US that is seeing it gradually replace the UK as the US’s major military ally, the issue of containing China’s South Pacific ambitions can be justified as being one born of strength and self-interest: the Chinese need Australia’s resources more than they need a confrontation with it, and alliance with the US is set to make Australia a global military and diplomatic player in the years to come. Australia’s interests extend far beyond its immediate vicinity, so the South Pacific containment strategy is one piece in a larger geopolitical strategy in which it holds significant leverage vis a vis the PRC. China can live with that.

For New Zealand the situation is different. Revelation of the Chinese containment strategy in the South Pacific places New Zealand on the horns of a Melian dilemma: as a small island state caught in the middle of an incipient great power struggle, it has attempted to balance the two by increasingly trading with the PRC while renewing its security ties to the US. But New Zealand has no strategic leverage on the PRC, and is more dependent on Chinese trade and investment than vice versa. Thus the situation may become untenable for New Zealand the more its commitment to containing the PRC is made apparent in light of increasing tensions between the two great powers in the Western Pacific. In that event it will be forced to choose sides rather than suffer the fate of Melos, whose neutrality in the Peloponnesian Wars was rewarded by its invasion and sacking by the Athenians.

In the New Zealand version of this dilemma, the choice will be between trade and security, at which point the commitment to South Pacific containment will receive its sternest test. New Zealand’s hedge against this dilemma is ratification of the Trans-Pacific Partnership (TPP), a multinational trade and investment compact involving the US that excludes the PRC and which is currently under negotiation. The TPP is the economic component of the China containment strategy, as it is designed to link the most important East and South Asian economies with Antipodean and Western Hemisphere partners. The PRC understands the fence-ringing thrust of the TPP within the larger geostrategic context, and has objected, without success, to its exclusion.

Should the TPP be ratified and entered into force, potential loss of Chinese trade and investment could be compensated y the increase in trade and investment between TPP partners. That is a theoretical gain rather than a certain one given the multiplicity of actors and issues involved. It also does not factor the Chinese response, which could be to redouble its efforts to cement a sphere of influence in the South Pacific. If that were to occur, tensions can be expected to rise on both sides of the containment “fence.”
Given the uncertainties involved and its weak position vis a vis the PRC, New Zealand’s support for the US-led South Pacific Chinese containment strategy can therefore be considered a delicate balancing act that potentially has as much of a downside as it does an upside.

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X-Post from Grubsheet: #56 KEVIN RUDD’S PACIFIC NEGLECT

By Graham Davis

– February 25, 2012Posted in: All

Frank Bainimarama ( photo: Graham Davis )

Frank Bainimarama – Fiji’s prime minister and the current chair of the four-nation Melanesian Spearhead Group (MSG) – has joined the chorus of criticism of Kevin Rudd in advance of Monday’s leadership vote in Australia, accusing him of having neglected the Pacific as foreign minister. He said Canberra’s lack of attention to the region – and especially its policy of shunning Fiji – had weakened Australian influence in the Pacific and had created a vacuum that bigger powers were moving to fill. Countries such as China and Russia were building relations with the smaller island states and strengthening their presence in Australia’s backyard. “They should be worried but they’re not”, he said. “ I don’t think they are taking it very seriously”.

In an interview with Grubsheet in Suva, Commodore Bainimarama revealed that both the United States and New Zealand had broken ranks with Australia and had renewed their official contacts with Fiji, severed after his coup in December 2006. No Australian diplomat or minister has had a formal meeting with the Fijian leader in the intervening five years in protest at the removal at gunpoint of the elected government of Laisenia Qarase, which Bainimarama claimed was racist and corrupt. Yet the United States no longer has such qualms, evidently concerned that Australia’s continuing hard-line stance has driven the Fijian leader into the arms of the Chinese.

Contact resumed : Frankie Reed 
( Photo: US State Dept) 

The American ambassador in Suva, Frankie Reed, has resumed regular contacts and a team of FBI agents has been in the Fijian capital training local police. “We have no problems with our relationship with the United States”, Bainimarama said. “The American ambassador came to see me and attends all our functions. She’s friendly and our relationship is good”. While the Fijian leader is banned from Australia – along with anyone associated with his regime – he was granted an open visa to visit the US last September and had engagements in Connecticut, Florida and Tennessee. “It seems odd that I am welcome in the world’s greatest democracy and not Australia and NZ but I’ve come to accept it”, he said.

In the case of New Zealand, Commodore Bainimarama said the renewed level of engagement was more modest. The travel bans on him and members of the regime remained but unlike Mr Rudd, the NZ foreign minister, Murray McCully, had been in contact with Fiji’s foreign minister, Ratu Inoke Kubuabola. “I think the Kiwis are more understanding than the Australians. I don’t really know why but there’s a large number of Fijians in NZ and I think they’ve put pressure on them to talk to us”. “I see representatives of some of the world’s biggest democracies – the Americans, the Indians, the Indonesians, the Japanese, the South Koreans and the French but not Australia. It doesn’t make sense”, he said.

"Increasing acceptance"(photo: Graham Davis)

While the Fijian leader declined to speculate on why American policy had changed beyond agreeing that an “about face” had taken place, concern has been expressed in Washington about Beijing’s ambitions in the region and especially its close ties with Fiji. Describing China as a “friend” which had given Fiji “about $200-million in soft loans”, Commodore Bainimarama said Australia only had itself to blame for the increasing Chinese presence in the region. “They are giving us support politically because everyone has withdrawn. They have recognised our sovereignty, which is very important for us”, Bainimarama said.
The Fijian leader said Mr Rudd had been noticeably absent from regional capitals during his 17 months in the foreign affairs portfolio. He had made only one foray into the region, a single weekend trip to Papua New Guinea last October. “We have never seen him around the smaller Pacific island nation states”, Bainimarama said. “He’s complained about everyone coming here but hasn’t come here himself.”

Sergey Lavrov in Nadi (photo: Jet newspaper)

The Fijian leader contrasted Mr Rudd’s lack of interest with the recent visit to Fiji by Russia’s foreign minister, Sergey Lavrov, who made the first ever journey to the region by a senior Russian official. He said that unlike Australia, Russia appeared to recognised the growing importance of the smaller island states and wanted closer ties. “Maybe he (Lavrov) thinks everyone has backed off and this part of the world needs assistance”, he said. During his visit to Nadi at the beginning of the month, Mr Lavrov held talks with Commodore Bainimarama and other Pacific leaders who are members of a new voting bloc at the United Nations that Fiji has played a major role in forging – the eleven member Pacific Small Island  Developing States ( PSIDS).

Graham Davis On Grubsheet

"Describing China as a “friend” which had given Fiji “about $200-million in soft loans”, Commodore Bainimarama said Australia only had itself to blame for the increasing Chinese presence in the region[...]
The Fijian leader contrasted Mr Rudd’s lack of interest with the recent visit to Fiji by Russia’s foreign minister, Sergey Lavrov, who made the first ever journey to the region by a senior Russian official. He said that unlike Australia, Russia appeared to recognised the growing importance of the smaller island states and wanted closer ties
[...]The Fijian leader accused Australia and NZ of driving a wedge through the Pacific by playing Polynesian countries off against their Melanesian neighbours. He described the Samoan leader, Tuilaepa Malielegao, as an “Aussie and Kiwi puppet” for his continuing attacks on Fiji."

The Fijian leader castigated Mr Rudd’s junior minister for the Pacific, Richard Marles, for having expressed concern that Russia was exploiting small states in the Pacific and was engaged in chequebook diplomacy. “He (Marles) is a hypocrite. He’s talking about chequebook diplomacy? Hasn’t he been giving money to the Pacific island nations in the last five or ten years?” Commodore Bainimarama denied that Mr Lavrov had offered Fiji and the other PSIDS countries financial assistance to recognise its puppet governments in South Ossetia and Abkhazia – territory also claimed by Georgia. “He gave Fiji a donation to help us with our flood appeal but that was it”.

"Hypocrite" - Richard Marles (Photo: DFAT)

Australia cut off ties with Fiji after Commodore Bainimarama’s 2006 coup and imposed a set of “smart sanctions” – including travel bans – in support of its demand for an immediate return to democracy. The Fijian leader has steadfastly refused to comply, insisting instead on a new constitution to remove racial inequality, followed by elections in 2014 based on one man one vote. Previous elections in Fiji have been weighted in favour of the indigenous majority.

As foreign minister, Mr Rudd resolutely ignored pleas to re-engage with Fiji, including from two influential foreign affairs think tanks, the Lowy Institute and the Australian Strategic Policy Institute (ASPI). Last year, the head of the Lowy Institute’s Melanesian program, Jenny Hayward-Jones, also accused Mr Rudd of neglecting the region and called for re-engagement to encourage Fiji to stick to its promise to restore democracy in 2014.

Commodore Bainimarama said Australian policy towards Fiji under Kevin Rudd was governed by “pride, not good policy”.“ He has personalised it, the way he called me a pariah and a dictator. He is a very ambitious politician and it’s been clear that he wanted to be prime minister again”. Describing Mr Rudd as the “main impediment” to better relations with Australia, Commodore Bainimarama said Canberra had continued to insist on an immediate election in Fiji even though it could never be truly democratic without fundamental reforms. “We are beginning work in a couple of weeks on a new constitution. We are not going to have elections tomorrow. We’re not going to have elections next year. We’re going to have elections when we’re ready and that will be before September 2014, as I’ve said all along”.

Commodore Bainimarama said his election as chairman of the Melanesian Spearhead Group after Australia succeeded in having Fiji suspended from the Pacific Islands Forum – the other major regional grouping  -showed that Canberra was out of touch with sentiment in the region. The MSG encompasses 95 per cent of Pacific islanders, living in its member states of   Papua New Guinea, Fiji, Solomon Islands and Vanuatu plus the Kanaks of New Caledonia. “Only Canberra and Wellington see me as an outcast”, Commodore Bainimarama said. “Nobody else does”.

Prefers another Queen's man, Tony Abbott (Photo: Graham Davis)

The Fijian leader accused Australia and NZ of driving a wedge through the Pacific by playing Polynesian countries off against their Melanesian neighbours. He described the Samoan leader, Tuilaepa Malielegao, as an “Aussie and Kiwi puppet” for his continuing attacks on Fiji. Tuilaepa has accused Commodore Bainimarama of “lying” about his intention to return to democracy in 2014 and said he was “leading everyone down the cassava patch”.

The Fijian leader said he was not willing to trade insults with his Samoan counterpart but it was clear that he was doing the bidding of Australia and NZ. “It seems that every time he runs out of money, somebody winds him up and he plays to their tune. He goes “Fiji is no good, there’s a lot of problems in Fiji”. I don’t know why he spends a lot of time rubbishing Fiji but I have no time to be thinking about him”, he said.
Commodore Bainimarama said that while he “didn’t want to get involved in Australian domestic politics”,

Fiji’s best hope for a change in Australia’s attitude rested with Tony Abbott winning the next election. “I understand that Abbott is more understanding of the situation than Kevin Rudd and his team. And, yes, I would think there may be a change in policy.” Commodore Bainimarama agreed that Tony Abbott’s reputation as a sportsman and champion boxer meant that he was more likely to get on with him. “I would love him to bring about some change in policy, in the way we conduct our business. Yes, I will try to reach out to him if he wins. He’s welcome in Suva at any time”.

A shorter version of this article has appeared in News Limited papers in Australia, including Sydney’s Daily Telegraph.


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X-Post- Harvard Political Review: Papua New Guinea’s Great Power Conflict

By John F.M. Kocsis

In one of the coming decades’ most important developments, tensions between the United States and China have begun to escalate on a whole host of new fronts. Prospects for the presidency have soared to new heights of monetary nationalism, the Obama administration has announced plans to station 2,500 marines in the Pacific, and Chinese diplomats have turned up the heat on American allies in the South China Sea.

As in all great rivalries, China and America both have proxies whom they support, provided the junior partners act in their interest.  One such proxy nation is Papua New Guinea, the resource-rich Pacific nation whose domestic political instability has made it a surprising focus of American and Chinese geopolitical maneuvering.

John F.M. Kocsis

"As in all great rivalries, China and America both have proxies whom they support, provided the junior partners act in their interest[...]
A surface-level reading of this scenario focuses on an internal struggle within government leadership over political control and resources, a common occurrence in developing nations. However, a broader and perhaps more accurate view of the situation requires putting it in terms of American and Chinese interests[...]
Secretary of State Hillary Clinton admonished Somare for getting too close to his neighbor to the north. She warned of a “resource curse,” insinuating that he would fail as leader if he lacked commitment to good governance, transparency, and accountability. Clinton has taken a Kissinger-esque stand when it comes to the nation, urging the U.S. Congressional Foreign Relations Committee, “Let’s put aside the moral, humanitarian, do-good side of what we believe in and let’s just talk straight, realpolitik[...]"

Of potential flashpoints for conflict in the Pacific arena, Papua New Guinea is generally less studied than its regional counterparts, such as the Philippines and Vietnam.  New Guinean history is primarily viewed through the lens of Jared Diamond’s Guns, Germs, and Steel.  This ignores the island’s long history on the world stage.  A battleground between Allied and Japanese forces in World War II, the country was restored to Australian ownership at the campaign’s end.  Sir Michael Somare, a perennial leader of Papua New Guinea, finally won his people independence in 1975 – but ever since, the Melanesian state has been fraught with conflict.

Despite recent military developments, Papua New Guinea is ostensibly in the throes of a petty constitutional crisis.  Sir Michael Somare, in his fourth nonconsecutive role as prime minister until this past August, has returned from his convalescence in Singapore claiming to be the country’s rightful legislative chief.  The person serving in that position now, Peter O’Neill, toppled the placeholder Somare who appointed in August and was voted by the parliament as the rightful prime minister.  The small nation’s supreme court ruled that because Somare left for heart surgery with full intention to reclaim his seat, he is legally entitled to the role of prime minister. By and large, parliament disagrees – and Papua New Guinean ministers strongly support the new prime minister, Peter O’Neill.  This vehement disagreement at the highest levels of government led to a mutiny attempt to remove O’Neill and restore Somare.

The rebellion was successful at first.  Hired by Michael Somare, the Indonesian colonel Yaura Sasa and his troops seized control of the military barracks in Port Moresby, the capital, and captured Brigadier-General Francis Agwi, the Commander of the PNG Defense Force.  After days of escalation, soldiers surrendered their weapons on January 30.  They promised to stand down instead of facing prison time.  The colonel was jailed but later released on the grounds that he was merely operating under government commands.  The government of Sir Michael Somare, which the Supreme Court deemed legitimate, had, after all, executed the order.

A surface-level reading of this scenario focuses on an internal struggle within government leadership over political control and resources, a common occurrence in developing nations. However, a broader and perhaps more accurate view of the situation requires putting it in terms of American and Chinese interests.  Papua New Guinea is an attractive destination for investors due to its untapped 22.6 trillion cubic feet in natural gas, not to mention its copper and gold wealth.  Exxon Mobil is working on a $15.7 billion liquefied natural gas project that should due to be completed in 2014.  The China Metallurgical Group Corporation (MCC) is developing China’s largest overseas mining investment, a $1.6 billion attempt to exploit 140 million tons of nickel.

As is typical of situations in which foreign investment is involved, outside nations require government compliance in forging ahead with their designs.  China had an easy time injecting itself in the nation when Somare was in charge.  The once and perhaps future prime minister supported Chinese interests in his Environment Act, which amended the law so that landowners could no longer contest damaging activities on their land – a move that authorized the MCC’s plan to dump toxic mine waste into the Bismarck Sea.  This provision was repealed by the O’Neill government, which claimed to look out for both the environment and the rights of its constituents.

The acts of Peter O’Neill are not necessarily so principled.  While Somare instituted a “look north” policy during his tenure, O’Neill has increasingly conducted his primary business with Julia Gillard and her Labor government in Australia.  Sir Michael Somare saw China as the country to emulate.  He invited members of the People’s Liberation Army to train the Papua New Guinea Defense Force.  He also established a program for PNG officers to undertake military training in the People’s Republic of China for up to three years.  Historically, since Papua New Guinean independence, training aid had been under the aegis of Australia, New Zealand, and the United States.  In the past couple of months, O’Neill has attempted to revert to those days, inviting Australian troops back to the island.

Last spring, Secretary of State Hillary Clinton admonished Somare for getting too close to his neighbor to the north. She warned of a “resource curse,” insinuating that he would fail as leader if he lacked commitment to good governance, transparency, and accountability.  Clinton has taken a Kissinger-esque stand when it comes to the nation, urging the U.S. Congressional Foreign Relations Committee, “Let’s put aside the moral, humanitarian, do-good side of what we believe in and let’s just talk straight, realpolitik.” She bluntly claimed that China is trying to “come in under us” regarding “Papua New Guinea’s huge energy find.” As if there was any doubt, she strongly asserted, “We are in a competition with China.”

U.S. diplomats aren’t the only ones to recognize the recent skirmish’s implications on the Chinese-American divide.  Resentful PNG citizens have circulated text messages claiming, “The Somare regime existed through Asian mafia’s funding.” Papua New Guinea has experienced the rapid rise in Chinese immigrants to which the entire Pacific region has become accustomed.  Nativist anti-Chinese riots ulcerated in 2009; accordingly, most citizens strongly prefer America to China. However, as America’s unipolar moment fades into a period of increased Chinese assertiveness, it is not hard to imagine a future of Chinese dominance in Papua New Guinea.  Pacific Islanders might not like their new neighbors, but many established politicians have a tendency to get along with Beijing just fine.  As China’s aggression continues, its influence is unlikely to go anywhere but up. .

Club Em Designs

X-Post: Strategic Culture-Checkbook Diplomacy Doesn’t Apply to the United States

Wayne MADSEN | 07.02.2012 | 15:29

The United States, Australia, and New Zealand and their ally in Tbilisi, Mikheil Saakashvili, are upset that Russian Foreign Minister Sergei Lavrov recently visited Fiji. The fear from Washington, Canberra, Wellington, and Tbilisi was that Lavrov was going to offer Fiji lucrative financial assistance in return for the South Pacific nation’s recognition of the independence of Abkhazia and South Ossetia. The two countries broke away from Georgia, triggering a war between Georgia and Russia in 2008

While the Obama administration is cautioning Fiji about recognizing the independence of the two secessionist republics in return for economic aid from Moscow, something Washington calls Taiwan-style “checkbook diplomacy,” it is more than happy to reward other countries with special incentives if they recognize the independence of America’s creation in the Balkans that was severed from Serbia, Kosovo.

The United States has complained, along with its two surrogate “sheriffs” in the Pacific region – Australia and New Zealand – that Russia’s offer of economic perks to Nauru, Vanuatu, and Tuvalu, three nations that have never managed to fully break free of Western colonialist dictates, resulted in those nations’ decisions to recognize the independence of Abkhazia. While Vanuatu recognized only Abkhazia during a government crisis in Port-Vila, the Vanuatu capital, Nauru and Tuvalu recognized both Abkhazia and South Ossetia. Previously, only Russia, Nicaragua, and Venezuela recognized the two breakaway nations, with Washington charging that Russia offered military and other deals to Nicaragua and Venezuela in return for their recognition of the two emergent nations.

Australian Foreign Minister Kevin Rudd lived up to the Australian Labor Party’s total subservience to the United States by calling for transparency in Russia’s dealings with the South Pacific states. Yet Australia’s and New Zealand’s policies to the small Pacific nations has often been based on secret intelligence agreements between the United States, Australia, and New Zealand, including the signals intelligence alliance between the three nations that makes the diplomatic communications of the South Pacific states and all telecommunications in the South Pacific subject to eavesdropping by the U.S. National Security Agency (NSA).

Georgia has argued that the cases of Abkhazia/South Ossetia and Kosovo are un-related. However, the United States has cajoled a number of nations into recognizing Kosovo, the latest being Ghana. In return for recognition, Washington has granted countries recognizing the organized crime-imbued regime in Pristina, the Kosovo capital, with the same sort of perks that the United States has accused Russia of providing the South Pacific and Latin American states that have recognized Abkhazia/South Ossetia. While the United States condemns the “checkbook diplomacy” practiced for years by Taiwan and China to gain and swap diplomatic recognition from mostly poor and small nations, it has practiced the same sort of “checkbook diplomacy” with regard to Kosovo.

A State Department cable divulged by WikiLeaks points to the hypocrisy of U.S. foreign policy and how Washington has pressured countries into not recognizing Abkhazia/South Ossetia by exerting pressure directly or via its allies.

On February 22, 2010, a cable from the U.S. embassy in Quito, Ecuador cited the visit by the Abkhazian Vice Foreign Minister to Quito and referred to U.S. concern that Ecuador’s Multilateral Affairs Under Secretary Arturo Cabrera had met the Abkhazian official in preparation for the announcement of diplomatic relations. The cable states:

“Cabrera said that the MFA too was surprised by the Vice Foreign Minister's visit, and indicated that nothing materialized from it. He gave the impression that he considered it unlikely the GOE would recognize South Ossetia or Abkhazia as independent states, although he did not say so directly. Cabrera also informed us that the issue was handled by Bilateral Affairs rather than his office. When the opportunity arises, the Embassy will raise the issue also with the MFA's Bilateral Affairs office.”

Previously, on January 26, 2010, the U.S. embassy in Peru ensured that a Peruvian official would raise Washington’s objections with Ecuador over Abkhazia/South Ossetia at a South American defense meeting:

“Charge raised reftel points regarding the Government of Ecuador's potentially recognizing the Georgian separatist regions of Abkhazia and South Ossetia with MFA Under Secretary for the Americas Ambassador Javier Leon January 25. Leon said he planned to travel to Ecuador this week for a UNASUR meeting of Vice Ministers of Defense, and would raise the issue with his GOE [Government of Ecuador]
counterparts at that time.”

Wayne Madsen

"The fear from Washington, Canberra, Wellington, and Tbilisi was that Lavrov was going to offer Fiji lucrative financial assistance in return for the South Pacific nation’s recognition of the independence of Abkhazia and South Ossetia. "

The same day, the U.S. embassy in Chile tried to use Chile to pressure Ecuador not to recognize the two secessionist nations but with little success:

“Poloff [Political Officer] delivered reftel demarche to Eduardo Schott, Deputy Director for European Affairs at the Ministry of Foreign Affairs. Schott was unaware of Ecuador's potential decision to recognize the independence of the Georgian separatist regions of Abkhazia and South Ossetia. He will consult with colleagues about the possibility of raising the issue with Ecuador. He said that Chile is comfortable sharing its reasons for not recognizing the regions, but other countries are free to make their own decision.”

Nauru’s decision to recognize Abkhazia/South Ossetia was seen as a “comedy” according to a December 16, 2009, cable from the U.S. embassy in Tbilisi:

“Georgian officials downplayed the significance of Nauru's apparent December 14 recognition of Abkhazia's "independence," which Russia reportedly encouraged with an offer of $50 million to the island nation. Although officials are discussing with Australian counterparts whether the recognition is actually final, Reintegration Minister Yakobashvili joked in public about Russia's apparent purchase of the recognition, calling it a "comedy," while Deputy Foreign Minister Bokeria told us privately the step was not so important, even if it was true. The relaxed approach represents a welcome shift from Georgia's more manic reaction to previous recognitions by Venezuela and Nicaragua, an approach that we have actively encouraged with our Georgian counterparts. Georgia has also recognized and expressed appreciation for successful U.S. efforts to discourage additional recognitions from Latin American countries . . .”

Perhaps the most draconian use of U.S. pressure regarding recognition of Abkhazia / South Ossetia was the pressure Washington, London, and Paris applied on four poor African states, Burundi, Guinea-Bissau, Central African Republic, Guinea-Bissau, and Mali, that signaled a willingness to establish relations with the secessionist states. The information is contained in a September 1, 2009, cable from the U.S. embassy in Tbilisi. The relevant sections of the cable are as follows:

“Foreign Minister Grigol Vashadze called in the U.S. and UK ambassadors August 31 to request urgent assistance on two matters. First, the Georgians learned that four African countries -- Burundi, Central African Republic, Guinea-Bissau, and Mali -- are seriously considering recognizing Abkhazia and South Ossetia, and the Georgians want help dissuading them from doing so . . . Vashadze told the ambassadors that the Georgian Embassy in Paris learned from the Quai d'Orsay that Burundi, the Central African Republic (CAR), Guinea-Bissau, and Mali were seriously considering taking the step of recognition. He considered this information quite reliable. He expressed great concern that such a step would undermine many of Georgia's diplomatic successes over the past year. He was especially concerned that Russia will orchestrate an announcement of these recognitions at the UN General Assembly, saying that such announcement would be an absolute catastrophe, especially if it occurred when President Saakashvili was in New York. ”

The four African nations were pressured into not recognizing Abkhazia/South Ossetia.

Other leaked State Department cables illustrate Washington’s pressure on various nations, including Spain, Bangladesh, Mauritius, Zambia, Guatemala, South Africa, Brunei, Djibouti, and even the tiny Maldives through the same sort of financial incentives and diplomatic “sweeteners” Washington accused Russia applying on the South Pacific states in return for recognition of Abkhazia/South Ossetia.

When it comes to hypocrisy, there is no greater world center for it than the U.S. Department of State. However, thanks to the leaks of State Department cables, the hypocrisy of the State Department and the Obama administration in foreign policy can be read in their own words.

Club Em Designs

X-Post from Grubsheet: The Politics of Hate

 Most countries have laws that prevent religious and racial vilification. Most responsible media outlets – including those on the internet – excise comments designed to inflame religious and racial hatred.  Read more - THE POLITICS OF HATE

X-Post Whale Oil:The job ad the Law Society banned

by Whaleoil on February 4, 2012

I contacted Christopher Pryde, the Director of Public Prosecutions in Fiji via email. I asked about the ad that the NZ Law Society banned and the details of the position. His reply:

There is only one at this stage but it is fairly high level. I had intended to advertise some more junior posts in a few weeks. I’m still always interested in hearing from anyone who might be interested in working in the office.

This position, as with my position and all positions in the office are non-political which means we look only at whether there is sufficient evidence for a reasonable prospect of conviction in court. As Director, the decision to prosecute (or withdraw charges) is mine alone and I receive no directions from any government minister and certainly not the military.

Here is the job ad the NZ Law Society banned:

The Job Ad the NZ Law Society banned


The Job Ad the NZ Law Society banned

The Jet article

NZ Law Society refuses Fiji ads

The New Zealand Law Society (“NZLS”) has refused to allow the Fijian Director of Public Prosecutions (“DPP”) to advertise legal positions in its magazine, Law Talk.

An email to the Office of the DPP this morning (3.2.12), said “The New Zealand Law Society Board has decided unanimously that the NZLS will not accept advertisements for legal positions in Fiji under the current interim military regime”.

The Director of Public Prosecutions, Mr Christopher Pryde, said it was unfortunate that the NZLS was involving itself in politics and preventing New Zealand lawyers from hearing about job vacancies in Fiji.

He said: “It is unfortunate that New Zealand lawyers are being denied the opportunity to decide for themselves whether they wish to take up legal positions in Fiji. By refusing to allow us the right to advertise, the NZLS is effectively censoring what New Zealand lawyers know about Fiji.”

The Office of the Director of Public Prosecutions in an independent office and the Director of Public Prosecutions has the sole responsibility for criminal prosecutions in Fiji. This is without recourse to any Government minister, including the Attorney-General. The Office in that regard is non-political.

Mr Pryde said he remains concerned that the NZLS continues to have an inaccurate picture of the Fijian situation, in particular of the judiciary and the courts. “People charged with offences by the Police need to be prosecuted through the courts. What shall we do with people charged with rape or robbery or murder? Send them to New Zealand?” Mr Pryde said.

“My invitation to the NZLS still stands. They are welcome to visit Fiji and meet and talk to anyone without restriction so that they can obtain for themselves a first-hand appraisal of things in Fiji. In the meantime, we would appreciate the NZLS allowing lawyers to decide things for themselves and allow us the right to advertise,” he said.

Club Em Designs

Russian Foreign Affairs Minister Touches Down In Fiji.

 

Russian Federation’s Minister of Foreign Affairs Sergey Lavrov  and

Fiji Foreign Affairs Minister Ratu Inoke Kubuabola (Images: MoI)

Russian Foreign Minister Sergey Lavrov arrived in Fiji on Wednesday to pay his country's first high- level visit to the Pacific island nation. Braving heavy storms, Lavrov was warmly welcomed by Fijian Prime Minister Josaia Voreqe Bainimarama with a traditional ceremony. 

Lavrov expressed his thanks and pleasure for the Fijian " hospitality" and "warm welcome", saying "as far as I understand, during my words with Mr. Prime Minister, this ritual goes back to ancient times when the natives of the island met sailors coming from far away. We have felt the sincerity of your hearts in this ritual. It will be forever enshrined in our memory."

Lavrov will meet individually with Bainimarama and his Fijian counterpart Ratu Inoke Kuabuabola on ways of promoting economic cooperation between the two nations. "I look forward to very interesting and meaningful and promising talks today on the hospitable land of Fiji," Lavrov said.

Story: China Radio International 

Club Em Designs

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?

Club Em Designs 
 

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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