A former president of Kiribati warns the crisis involving the island nation’s government and the courts has left the country with a “dysfunctional judiciary” and put a question mark over its democratic system.

The Kiribati government suspended its chief justice in July and last Thursday immigration and police detained and attempted to deport High Court Judge David Lambourne.

They were unsuccessful after the country’s highest court ordered the Australian-born judge to be released.

The Court of Appeal stopped the government from deporting Lambourne pending a further hearing expected to be held this week, escalating further acrimony between the executive and judicial arms of the state.

Anote Tong, who was president of Kiribati from 2003 to 2016, says the issue of Judge Lambourne has clear “political connotations” because he is married to the leader of the opposition.

But, he said, the actions of President Taneti Maamau’s government bordered on contempt of court.

“The deportation order by the president [Maamau] is really in direct contravention to the decision by the court. So, whether the government is now in contempt of court is the question that really needs to be addressed,” Tong told RNZ Pacific.

“To be in direct conflict with the decision of the court here, I think we know what that means.”

‘Abiding by the laws of Kiribati’
In a statement, the government maintained that Judge Lambourne had breached his visa conditions and national laws and raised concern “by the overreach of the Court of Appeal” to issue an injunction to prevent his deportation.

The government said it “abides by the laws and the Constitution of Kiribati … to protect the interest of the people of Kiribati”.

It blamed “neocolonial forces” for “weaponising the laws enacted to protect” the i-Kiribati people “to pursue their own interest and suppress the will of the people”.

But Tong said the separation of powers is a fundamental principle of a democratic society.

“We have a constitution. We have the laws in place, and we have a court. The question is: are we adhering to these legal provisions?,” he asked.

“It looks like the government is crossing that boundary and delving into the purview of the judiciary.”

Tong said the problem between the government and Judge Lambourne began after the 2020 elections when his wife, Tessie Lambourne, was elected as leader of the opposition.

“There is no question about it,” he said, adding it did not “give an excuse for the government to ignore a court decision”.

He said until Kiribati amended its laws and constitution “to recognise that the separation of powers is fundamental to its democratic system of government, everything else that has been done will become illegal”.

International condemnation
The Commonwealth Magistrates’ and Judges’ Association (CMJA), the Commonwealth Legal Education Association (CLEA), and the Commonwealth Lawyers Association (CLA) have all raised concerns and said they were “alarmed” at the situation.

The associations have urged the Kiribati authorities to respect the rule of law and comply with orders of the courts.

“The associations are alarmed that the tribunals set up to investigate alleged misbehaviour by Judge David Lambourne and the Chief Justice William Hastings have yet to report on any findings,” they said via a joint statement.

“The associations are further alarmed that there has been an attempt to deport Judge Lambourne without due process being followed and he has subsequently now been arbitrarily detained by the authorities in Kiribati.”

CMJA, CLEA and CLA are urging the Commonwealth Ministerial Action Group (CMAG) to consider the actions of the Kiribati government as a matter of urgency.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Former Kiribati President Anote Tong suspects a major agreement is “cooking” between Beijing and Tarawa after the country’s decision to quit the Pacific Islands Forum.

Kiribati President Taneti Maamau’s “surprise” announcement to abandon its membership from the region’s premier policy and political body at the 51st Forum Leaders’ meeting this week has heightened concerns the Micronesian nation is moving closer to China.

“I know they are cooking something with China,” Tong, who led the atoll island nation from 2003 to 2016, said.

“I think it would have started with the reopening of the Phoenix Island Protected Area.”

The Phoenix Islands Protected Area is the largest designated marine protected area in the world, spanning almost 400,000 sq km in the South Pacific Ocean, midway between Australia and Hawai’i.

Sources have told RNZ Pacific that a possible deal may include exclusive access to Chinese vessels to the Protected Area.

Tong believed the move by the Maamau government suggested that it hoped to “gain from being isolated from the region” by striking a deal directly with China.

‘Totally unexpected’
“It’s totally unexpected. I did not think it was in our nature, in our character, to do something quite so radical like that,” he said.

The Kiribati government is under financial pressure due to the economic impacts of covid-19 and the current drought.

“I know that the government is in a serious problem with the escalating budget which is not sustainable,” Tong said.

He said it should not come as a surprise if the government was talking about a deal directly with the Chinese about the Phoenix Islands.

“I have seen expressions in the past in which the president [Maamau] confirmed China was going to assist in the development of Canton Islands … a former US military base and it was in closer proximity to Hawaii. So, we are very strategically located,” he said.

“It is the reason why Kiribati may have withdrawn from the Pacific Island Forum.”

Blamed on China
Meanwhile, Kiribati’s opposition leader Tessie Lambourne is blaming Kiribati’s decision to withdraw from the Forum on pressure exerted by China.

The former diplomat told The Guardian she was “shocked and extremely disappointed” by the government’s move.

Lambourne said she believed the decision was influenced by China, and that the Maamau administration was weak, vulnerable and greatly indebted to Beijing.

She said someone seemed to be telling the Kiribati government that the country did not need regional solidarity.

“I’m embarrassed because what we are saying is that we are not in the fold … we are outside,” she told The Guardian.

“And why are we outside? I think it’s us who keep ourselves out … because we are not engaged or engaging.”

China brushes off claims
China, however, has denied allegations that it has anything to do Kiribati’s decision, saying it “does not interfere in the internal affairs of Pacific Islands countries”.

Kiribati said it did not feel its concerns over the leadership rift had been listened to following the special meeting hosted by the forum chair Fiji in June, and as a consequence it had no other alternative but to leave.

Federated States of Micronesia President David Panuelo said that while it was not known if China was exerting its influence to force Kiribati out of the forum “we hope to find out soon”.

Panuelo said there was a lot of work put into the Suva Agreement to achieve a reform package which would see that the forum was “much strengthened”.

“Our aim is to open the doors and continue to invite Kiribati because when one member is not on board, it is not quite over yet,” he said.

Tong said he “completely disagrees” with Maamau’s reasoning.

“I am not so sure that it really provides the justification for the kind of reaction to just withdraw like that,” he said.

“There should have been a lot of room to manoeuvre the discussions in Suva. There is so much at stake in losing membership of the forum. I cannot imagine how Kiribati would win by having taken that step.”

Tong also raised concerns about the recent visit by China’s foreign minister to Tarawa.

“The Chinese foreign minister went through here for a few hours last month and there was a deal signed,” he said.

“Nobody knows what that deal is. And so that is maybe part of the whole process.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Australia is accused of using “diplomatic strong-arm tactics” to water down outcomes in Pacific climate negotiations and “buy silence” on climate change, a new report has revealed.

Greenpeace Australia Pacific’s report, Australia: Pacific Bully and International Outcast, reveals that the Australian government uses “bullying tactics” in regional negotiations on climate change, according to former Pacific Island leaders interviewed as part of the study.

The leaders include former Kiribati President Anote Tong and former Prime Minister of Tuvalu Bikenibeu Paeniu.

Australia’s aid to the Pacific has been “greenwashed”, with some of the largest and most expensive “climate adaptation” projects having no link to climate change or contributing to increase the climate resilience of Pacific peoples.

The Australian government’s climate position harms its international relations and economy with Australia’s export markets for coal and gas shrinking as major trading partners such as Japan and South Korea commit to net-zero emissions, says the report, published coinciding with the COP26 climate summit in Glasgow.

The report draws on dozens of interviews with present and former Pacific leaders, Australian diplomats and academics to expose the hardline tactics used by Australia to thwart stronger regional action on climate change and to shift focus away from Australia’s responsibility to reduce greenhouse gas emissions.

The report also uncovers the greenwashing of Australian aid in the Pacific, finding that millions of aid dollars have been given to “climate adaptation” projects that do not have any link to climate change.

Australian standing damaged
Greenpeace Australia Pacific researcher and international relations expert Dr Alex Edney-Browne said the investigation showed Australia’s international standing had been damaged by its climate obstruction.

“Australia has lost its once-respected position in the Pacific and now has a reputation for bullying and strong-arm diplomatic tactics to thwart regional climate action,” she said.

“Pacific Island leaders are some of the world’s strongest climate advocates, but Australia has brazenly tried to buy their silence through aid with strings attached.

“Morrison’s last-minute commitment at COP26 this week to increase regional climate finance by $500 milion, via bilateral agreements, simply won’t cut it. Given the level of greenwashing going on in Australia’s foreign aid to the Pacific as revealed in this report, there is also no guarantee that this money will go where it’s needed to increase the climate resiliency of Pacific peoples,” she said.

“Australia has a history of using bilateral aid as a way of gaining leverage over Pacific island countries. It would be nice to see Australia being a good international citizen and showing support for multilateral climate finance such as the UN’s Green Climate Fund. It refuses to do so.

“Australia must make a serious effort on climate change, which is threatening the very survival of Pacific nations. That means ruling out any new coal or gas projects, ending the billions in subsidies given to the fossil fuel industry and committing to a science-based target to cut emissions by 75 percent this decade to bring it up to speed with our regional neighbours and trading partners.”

Gareth Evans, a former Australian foreign minister, said Australia’s climate policy was already hurting the country’s diplomatic standing.

‘Reputation for decency’
“A country’s reputation for decency in these matters does really, really matter… Australia’s credibility in all sorts of ways depends on our being seen to be responsible, good international citizens and Australia is putting that reputation very much at risk on the climate front,” he said.

Anote Tong, former President of Kiribati, said Australia had not acted in the spirit of mutual respect in its dealings with the Pacific on climate change.

“I cannot read into the minds of Australian leaders but it’s always been my hope that we would treat each other with mutual respect, but I’m not sure this has always been the case,” he said.

“But we should be partners in every respect and not when it is convenient to one party but not the other, for example on climate change. We expect Australia to be stepping forward because climate change is very important for us and we’re meant to be part of this family. It had always been my expectation, my hope, that Australia would provide the leadership we desperately need on climate change.”

Dr Matt McDonald, associate professor of International Relations at University of Queensland, refers to Australia’s climate policies as a “perfect storm”, with serious repercussions for the country’s regional and international relations if these policies remain weak by comparison with similar developed countries.

Article by AsiaPacificReport.nz