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FIJI
NOT READY, SAYS PM Fiji's military installed interim leader yesterday publicly questioned whether his politically unstable nation would ever want to accept "liberal western democracy", saying to do so would destroy its culture and traditions. Interim Prime Minister Laisenia Qarase was speaking at the opening session of the Pacific Leaders Conference here, which is debating the impact of globalisation on island cultures. He appealed to the International community to end its interference in Fiji, saying "solutions for our problems in Fiji lie in Fiji and interference from outside will not solve the problem". Fiji's deposed President Ratu Sir Kamisese Mara is chairing the sessions. Qarase appears to have been socially isolated by leaders at functions here although, Ratu Mara, who is notably ill, has been well received. Qarase told the conference that in the Pacific there was a debate over communal democracy, which he called "Point A", versus liberal democracy that was "Point B". "I personally believe that most of us are probably in the middle of that journey; we have embraced a lot of things of liberal democracy and we continue to evolve and move closer and closer," Qarase said. "Some of us will never want to reach Point B because by doing so we will embrace the adverse things that flow automatically from the principles of full liberal democracy. "There is a big problem for us as leaders because some of these principles will tend to destroy our culture and our traditional values. "That is why I said it is probably better for each of our countries never to reach Point B because by doing so we will lose quite a lot." In communal democracy the structure was very clear, he said. "There is a coalition within the society, there is dialogue and there is consultation and a lot of issues are resolved by consensus among the elders. "In certain situations the chief makes the final decision after a lot of dialogue." He added there were some principles that were good [in liberal democracy], such as individual freedom and rights, system of government and opposition. NEW LAND RENT IS LAW SUVA: New legislation introducing major changes to the rental system covering indigenous Fijian land should be in place by next Friday, reports the Fiji Times. Unlike the rental mechanism under the Agricultural Landlord and Tenant Act (ALTA), land leases will be determined by market value. Under ALTA, rental was a standard six per cent of unimproved capital value. Agriculture Ministry sources said there were a few changes and technical requirements to ensure the proper transfer from ALTA provisions to the Native Land Trust Act. The completed papers on the new legislation will be presented to the full cabinet on Wednesday. The new land rental charges will be determined by the Native Land Trust Board in consultation with leasees but rates will be different depending on the fertility of the land in question. Of the 23,000 sugarcane farmers, only 9500 will be affected by the new legislation as the rest of the farmers are either freehold or crown land leasees. The source said that as soon as the cabinet endorses the proposed move, it would be decreed. "There are only 9500 farmers under ALTA under which landowners were the lsers because of the fixed rate but this allows landowners more lease money," the source said. "And whenever a tenant wanted to sell his lease, it was based on the market value and in this case, no portion goes to the landowners at all." Last week, the [military installed regime's] Agriculture Minister Apisai Tora and ministry personnel involved in the proposed legislation were finally satisfied with the document. CHAUDHRY DROPS BOMBSHELL 'I will not be a party to any government of national unity' SUVA (Pasifik Nius): Fiji's deposed Prime Minister Mahendra Chaudhry will not be part of any government of national unity, reports the Sunday Sun. Chaudhry, who yesterday staved off a leadership challenge at the Fiji Labour Party caucus meeting at Olosara, Sigatoka, dropped the bombshell shortly after being unanimously reaffirmed as party parliamentary leader. "I will not be party to any government of national unity," an emotional Chaudhry told the meeting. [The multiracial party won an outright majority in a landslide victory in the May 1999 general election, but formed a coalition with indigenous Fijian parties in the power-sharing spirit of the 1997 constitution.] But Chaudhry will continue as party leader until February 19 when the Fiji Court of Appeal will rule on the interim regime's appeal against Justice Anthony Gates' ruling that the 1997 constitution is still in effect. Chaudhry's announcement came in an emotionally charged meeting attended by 36 of the 37 deposed Labour members of Parliament. Northern MP Mohammad Lateef Subedar, who is away overseas, was the only absentee. Going into the meeting, Chaudhry had faced his strongest challenge from his deputy Prime Minister and academic Dr Tupeni Baba. Other condenders had been the Leader of the House Joeli Kalou and People's Coalition Minister for Women and Culture Lavenia Padarath. Sources said Mrs Padarath had thrown in her support behind Chaudhry and would have only contested the leadership had he been dumped. In dropping his bombshell, Chaudhry said he would "stick to his principles". In an editorial today, the Sunday Times said: "The confirmation of his position within the party reflects the confidence his colleagues have in his leadership and the grassroots support he enjoys. "Although the party has left the door ajar for others to bid for the position of prime minister in the event of a government of national unity being formed, Chaudhry is unquestionably the popular leader. There is no doubt he commands the most respect in the party."
UN UNCERTAIN ABOUT PURSUING INDON MINISTER
OVER BALICO FIVE JAKARTA, Feb 4 AAP - It is still unclear if the United Nations will ever pursue a former Indonesian government minister for the alleged murder of five Australian-based journalists in East Timor in 1975, a UN prosecutor said today. And it was unlikely Indonesia would cooperate in detaining former Minister for Information Mohamad Yunus, formerly known as Yunus Yosfiah, even if warrants for his arrest were issued. The UN Transitional Authority in East Timor (UNTAET) is investigating the killings of the so-called Balibo five during Indonesia's occupation of the former Portuguese colony in 1975. Killed by Indonesian soldiers were Greg Shackleton, Tony Stewart and Gary Cunningham of Channel 7, and Brian Peters and Malcolm Rennie of Channel 9. Mr Peters and Mr Rennie were British citizens and Mr Cunningham was a New Zealander. Serious crimes prosecutor Oyvind Olsen said investigators were still working out whether the murders would be seen as war crimes under international law or as crimes under either Indonesian law or the law of Portugal. If the murders were seen as war crimes, they would come under UNTAET's jurisdiction. However, it was too late to prosecute if they were seen as crimes under Indonesian or Portuguese law, because of deadlines under both countries' statues of limitations. Contrary to weekend reports that investigators had sought international arrest warrants, Mr Olsen said the investigation had not yet been completed. "The remaining investigation has to be done before any action can be taken," Mr Olsen said. "It's not clear whether they will be issued." It was doubtful that Indonesia would help UNTAET pursue Yunus if international arrest warrants were issued, according to Harold Crouch, Indonesia project director for the International Crisis Group (ICG). "I think it would be almost totally unlikely," Crouch said. "I would say they don't believe that the international court should try an Indonesian officer." Yunus, who delivered Indonesia much of its current press freedoms as Minister for Information under President Habibie, is a retired officer and now lives in the West Javan city of Bandung. Indonesia has already shown its unwillingness to help UNTAET prosecute serving Indonesian military (TNI) officers. When UN prosecutors attempted in December to question TNI members, with the permission of the Indonesian Attorney General, the head of the TNI Admiral Widodo refused to allow his men to be interviewed. His position won strong support among many politicians in Jakarta. During the UNTAET delegation's visit to Jakarta at the time, their car was attacked by a mob inside the grounds of the Parliament. In a highly critical report on Indonesia's record of prosecuting human rights violations, the ICG said Indonesia's failure to allow UNTAET prosecutors to question Indonesian witnesses and suspects had damaged international confidence. "While it is expected that Indonesia will not hand over military personnel to UNTAET's prosecutors, failure to prosecute in Indonesia would seriously impair international confidence in the Indonesian government's commitment to pursue cases through the Indonesian judicial system," the ICG report said. "That confidence has already been damaged by Indonesia's failure to allow UNTAET prosecutors to question Indonesian witnesses and suspects in the way that UNTAET...had facilitated the questioning of East Timorese witnesses in July." Indonesia and UNTAET have signed a memorandum of understanding to cooperate in their separate investigations of human rights violations in East Timor during its vote for independence in 1999.
UN CLOSES IN ON KILLERS OF FIVE AUSTRALIAN
NEWSMEN IN TIMOR United Nations investigators have sought international warrants to arrest three men - including a former Indonesian Government minister - for the murders of five Australian-based journalists in East Timor more than 25 years ago. They believe they have enough evidence, gathered during a seven-month investigation, to prosecute the three for the killings at Balibo on October 16, 1975. The investigation was conducted by the national investigation unit of the UN Civilian Police in East Timor. A source close to the UN administration in East Timor said the police investigators had asked the UN's Prosecutor-General in Dili, Mr Mohamed Othman, to authorise the arrest of Mr Mohammad Yunus Yosfiah, the former Cabinet minister; another Indonesian, Mr Christoforus da Silva; and Mr Domingos Bere, an East Timorese. At the time of the killings Mr Yunus was an Indonesian Army captain commanding an elite RPKAD (commando-special forces) unit called Team Susi involved in the covert invasion of what was then Portuguese Timor. Silva and Mr Bere were members of the unit. The source said the investigators recommended that the men be charged with crimes against humanity under the 1949 Geneva Convention. Those killed were Greg Shackleton, Tony Stewart, and Gary Cunningham of Channel 7, and Brian Peters and Malcolm Rennie of Channel 9. Mr Peters and Mr Rennie were British citizens and Mr Cunningham was a New Zealander. The chief investigator, Mr James Osborne, yesterday confirmed the request, saying: "I have submitted a court brief to the prosecutor-general, who is reviewing it." Mr Othman said from Dili yesterday that the brief presented by the police team was under review to determine if further evidence was needed, whether forensic evidence was sufficient, and under which law the accused should be charged. "There is a review going on as to whether or not we have jurisdiction over the case," he said. "The statute of limitations for murder in Indonesian law is 18 years, and I think 15 years in Portuguese law ... "Indications are that this will proceed as a war crimes charge. There we have jurisdiction. That would be the most likely prosecution scenario. There were armed hostilities, and they [the journalists] were civilians." A decision on the police request for warrants would be decided in Dili in "about a week". If the warrants are granted, Mr Yunus, who later rose to the rank of lieutenant-general, will be the first senior Indonesian official to be charged with war crimes since UN forces moved into East Timor in 1999. The international investigation team obtained evidence that he, Mr da Silva and Mr Bere murdered the five television personnel as they were filming the attack on Balibo at dawn on October. At least one of them had been protesting that he was Australian immediately before being shot at close range. The evidence disputes claims that the men were killed in cross-fire during the heat of battle.
STUDENTS MAY NOT RETURN QUICKLY TO THEIR
STUDIES Local government sponsored Solomon Islands students attending tertiary institutions in the country and overseas are still uncertain whether their air fares and tuition fees will be paid in order to resume studies this year. Those studying at the University of the South Pacific in Fiji are still awaiting confirmation from the Department of Education for airfares to be paid before lectures start on February 19. As for tertiary institutions in Papua New Guinea, they want the studentsıs fee to be paid before they allow them to do their studies. The Solomon Star understands UPNG's Waigani Campus has already started lectures in some courses and a few Solomon Islands students have returned, while the majority remain. As from Friday last week, air tickets for Solomon Islands Government sponsored students who should have travelled to Suva was not forthcoming and UPNG students are still not assured payment of their tuition fees. Students for the Professional Diploma in Legal Practice in the Institute of Justice and Applied Legal Studies in Fiji plus USP first year intakes who should have travelled over the week-end are still in doubt after air tickets were not available at the end of last week. According to the Education Minister, William Gigini, a memorandum of understanding was presented to the cabinet last Thursday and the final decision was to come from them. "If the government cannot secure funds then there will be about 900 scholarships that will be affected for both the Solomon Islands College of Higher Education and overseası institutions," Gigini said. Until today, students have been anxious to find out if that decision has already been approved by the cabinet and whether the government has secured funds from local and oveaseas sources to help finance the students' air fares and tuition fees. As for continuing local students funded under overseas' aid donors their scholarship will not be affected, but they will not offer new scholarships this year. Meanwhile, students who have completed their form seven arts and science foundation courses last year have just been given forms to apply for institutions they will go to next year. "With the current poor economy of the country, the government cannot afford to send us to overseas' institutions this year, so we will have to wait until next year before we could be accepted to continue our studies," said James Billy, a science foundation student at the state-owned King George Sixth High school in Honiara. .
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