A leaked document has revealed secretive plans to revise terror laws in New Zealand so that people can be charged over statements deemed to constitute material support for a proscribed organisation.

It shows the government also wants to widen the criteria for proscribing organisations to include groups that are judged to “facilitate” or “promote and encourage” terrorist acts.

The changes would see the South Pacific nation falling in line with increasingly repressive Western countries like the UK, where scores of independent journalists and anti-genocide protesters have been arrested and charged under terrorism laws in recent months.

The consultation document, handed over to the New Zealand Council for Civil Liberties (NZCCL), reveals the government has been in contact with a small number of unnamed groups this year over plans to legally redefine what material support involves, so that public statements or gestures involving insignia like flags can lead to charges if construed as support for proscribed groups.

As part of a proposal to revise the Terrorism Suppression Act, the document suggests the process for designating organisations as terror groups should be changed by “expanding the threshold to enable more modern types of entities to be designated, such as those that ‘facilitate’ or ‘promote and encourage’ terrorist acts”.

The Ministry of Justice has been contacted in an attempt to ascertain which groups it has been consulting with and why it believed the changes were necessary.

NZCCL chairman Thomas Beagle told Mick Hall In Context his group was concerned the proposed changes were a further attempt to limit the rights of New Zealanders to engage in political protest.

‘What’s going on?’
“When you look at the proposal to expand the Terrorism Suppression Act, alongside the Police and IPCA conspiring to propose a law change to ban political protest without government permission, you really have to wonder what’s going on,” he said.

A report by the Independent Police Conduct Authority (IPCA) in February proposed to give police the right to ban protests if they believed there was a high chance of public disorder and threats to public safety.

That would potentially mean bans on Palestinian solidarity protests if far right counter protestErs posed a threat of violent confrontation.

The stand-alone legislation would put New Zealand in line with other Five Eyes and NATO-aligned security jurisdictions such as Australia, the United Kingdom, and Canada.

Beagle points out proposed changes to terror laws would suppress freedom of speech and further undermine freedom of assembly and the right to protest.

“We’ve seen what’s happening with the state’s abuse of terrorism suppression laws in the UK and are horrified that they have sunk so far and so quickly,” he said.

More than 100 people were arrested across the UK on suspicion of supporting Palestine Action, a non-violent protest group proscribed as a terrorist organisation by the British government earlier this month.

Arrests in social media clips
Social media clips showed pensioners aggressively arrested while attending rallies in Liverpool, London, Manchester, Edinburgh, Bristol and Truro over the weekend.

Independent journalists and academics have also faced state repression under the UK’s Terrorism Act.

Among those targeted was Electronic Intifada journalist Asa Winstanley, who had his home raided and devices seized in October last year as part of the opaque counter-terror drive “Operation Incessantness”.

In May, the country’s Central Criminal Court ruled the raid was unlawful.

Journalist Richard Medhurst has had a terror investigation hanging over his head since being detained at Heathrow Airport in August last year and charged under section 8 of the Terrorism Act. Activist and independent journalist Sarah Wilkinson had her house raided in the same month.

Others have faced similar intimidation and threats of jail. In November 2024, Jewish academic Haim Bresheeth was charged after police alleged he had expressed support for a “proscribed organisation” during a speech outside the London residence of the Israeli ambassador to the UK.

Meanwhile, dozens of members of Palestine Action are in jail facing terror charges. The vast majority are being held on remand where they may wait two years before going to trial — a common state tactic to take activists off the street and incarcerate them, knowing the chances of conviction are slim when they eventually go to court.

‘Targeted amendments’
The document says the New Zealand government wants to progress “targeted amendments” to the Act, creating or amending offences “to capture contemporary behaviours and activities of concern” like “public expressions of support for a terrorist act or designated entities, for example by showing insignia or distributing propaganda or instructional material.”

It proposes to improve “the timeliness of the process, by considering changes to who the decision-maker is” and extending the renewal period from three to five years.

The document suggests consulting the Attorney-General over designation-related decisions to ensure legal requirements are met may not be required and questions whether the designation process requiring the Prime Minister to review decisions twice is necessary. It asks whether others, like the Foreign Minister, should be involved in the decision-making process.

Beagle believes the secretive proposals pose a threat to New Zealand’s liberal democracy.

“Political protest is an important part of New Zealand’s history,” he said.

“Whether it’s the environment, worker’s rights, feminism, Māori issues, homosexual law reform or any number of other issues, political protest has had a big part in forming what Aotearoa New Zealand is today.

Protected under Bill of Rights
“It’s a right protected by New Zealand’s Bill of Rights and is a critical part of being a functioning democracy.”

The terror laws revision forms part of a wider trend of legislating to close down dissent over New Zealand’s foreign policy, now closely aligned with NATO and US interests.

The government is also widening the definition of foreign interference in a way that could see people who “should have known” that they were being used by a foreign state to undermine New Zealand’s interests prosecuted.

The Crimes (Countering Foreign Interference) Amendment Bill, which passed its first reading in Parliament on November 19, would criminalise the act of foreign interference, while also increasing powers of unwarranted searches by authorities.

The Bill is effectively a reintroduction of the country’s old colonial sedition laws inherited from Britain, the broadness of the law having allowed it to be used against communists, trade unionists and indigenous rights activists.

Republished from Mick Hall in Context on Substack with permisson.

Article by AsiaPacificReport.nz

A New Zealand politician and human rights activist with a strong connection to Tonga’s Democracy movement and other Pacific activism has been farewelled after dying last week aged 80.

Keith Locke served as a former Green MP from 1999 to 2011.

While in Parliament, he was a notable critic of New Zealand’s involvement in the war in Afghanistan and the Terrorism Suppression Act 2002, and advocated for refugee rights.

He was appointed a Member of the NZ Order of Merit for services to human rights advocacy in 2021, received NZ Amnesty International’s Human Rights Defender award in 2012, and the Federation of Islamic Associations of New Zealand’s Harmony Award in 2013.

Locke was often a voice for the Pacific in the New Zealand Parliament.

In 2000, he spoke out on the plight of overstayers who were facing deportation under the National Party government.

As the Green Party’s then immigration spokesperson, he supported calls for a review of the overstayer legislation.

Links to Pohiva
“We are a Polynesian nation, and we increasingly celebrate the Samoan and Tongan part of our national identity,” Locke said at the time.

“How can we claim as our own the Jonah Lomus and Beatrice Faumuinas while we are prepared to toss their relations out of the country at a moment’s notice?”

Locke had links to Tonga through his relationship with Democracy campaigner and later Prime Minister ‘Akilisi Pohiva, who died in 2019.

Locke defended Pohiva in 1996 when he was a spokesperson for the Alliance Party. He said he was horrified that Pohiva and two colleagues had been jailed for comments in their pro-democracy newspaper Kele’a.

He criticised the New Zealand government for keeping silent about what he described as a “gross abuse of human rights.”

In 2004, Locke called on the New Zealand government to speak out about what he called the suppression of the press in Tonga.

Locke, who was then the Greens foreign affairs spokesman, said several publications had been denied licences, including an offshoot of the New Zealand-produced Taimi ‘o Tonga newspaper.

Vale #KeithLocke, tireless and fearless campaigner for peace, justice and a sustainable future for a green planet … I’ll also remember him for friendship and commitment to independent truth publishing and OneWorld progressive bookshop. – @DavidRobie, editor, #AsiaPacificReport pic.twitter.com/SC0obJzfOA

— David Robie (@DavidRobie) June 21, 2024

Tribute by Asia Pacific Report editor David Robie.

‘Speak out as Pacific neighbour’
“We owe it to the Tongan people to support them in their hour of need.  We should speak out as a Pacific neighbour,” he said.

In 2007, ‘Akilisi was again charged with sedition, along with four other pro-democracy MPs, for allegedly being responsible for the rioting that took place following a mass pro-democracy march in Nuku’alofa.

“As the Greens’ foreign affairs spokesperson I went up to Tonga to support ‘Akilisi and his colleagues fight these trumped-up charges. I was shocked to find that the New Zealand government was going along with these sedition charges against five sitting MPs,” Locke said in an interview.

“I was in Tonga not long before the 2010 elections with a cross-party group of New Zealand MPs. We were helping Tongan candidates understand the intricacies of a parliamentary system.

“At the time I remember ‘Akilisi being worried that the block of nine ‘noble’ MPs could frustrate the desires of what were to be 17 directly-elected MPs. And so it turned out.

“Despite winning 12 of the popularly-elected 17 seats in 2010, the pro-democracy MPs were outvoted 14 to 12 when the votes of the nine nobles MPs were put into the equation.

“However, in the two subsequent elections (2014 and 2017) the Democrats predominated and ‘Akilisi took over as Prime Minister. I am not qualified to judge his record on domestic issues, except to say it couldn’t have been an easy job because of the fractious nature of Tongan politics.

“And ‘Akilisi has been in poor health.

‘Admirable stand’
“As Prime Minister he took an admirable stand on some important international issues, such as climate change. At the Pacific Island Forum he criticised those countries which stayed silent on the plight of the West Papuans.”

Locke said that Tonga may not yet be fully democratic, but that great progress had been made under Pohiva’s “humble and self-sacrificing leadership.”

Keith Locke was also an outspoken advocate for democracy and independence causes in Fiji, Kanaky New Caledonia, Palestine, Philippines, Tahiti, Tibet, Timor-Leste and West Papua and in many other countries.

His remembrance service was held with whānau and supporters at a packed Mount Eden War memorial Hall on Tuesday.

Philip Cass is an editorial adviser for Kaniva Tonga. Republished as a collaboration between KT and Asia Pacific Report.

Article by AsiaPacificReport.nz

The president of New Caledonia’s largest pro-independence party Daniel Goa will not be prosecuted for alleged calls for violence and sedition.

Last month, a coalition of anti-independence parties had lodged a formal complaint with the Public Prosecutor over a speech given by Goa at a party meeting.

Goa had said there was a risk of there being no more provincial elections if the restricted rolls were opened to people who arrived after the signing of the 1998 Noumea Accord.

The anti-independence coalition had also accused Goa of sedition after he said his party might turn to foreign powers.

After questioning Goa, the Prosecutor decided there were insufficient grounds to lay charges.

The anti-independence parties want Paris to abolish the restrictions by changing the French Constitution and granting voting rights to the estimated 40,000 migrants who have settled since the Accord signing.

In March, French Interior Minister Gerald Darmanin said the 2024 provincial elections would not go ahead with the restricted rolls.

Earlier this month, another Caledonian Union politician Gilbert Tyuienon warned that dialogue would end should Goa be taken to court for expressing what the party membership felt.

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

Article by AsiaPacificReport.nz

By Joenner Paulo L. Enriquez and Ma. Alena O. Castillo in Manila

Thomasian Jesuit priests Fr Albert Alejo and Fr Flaviano Villanueva have posted P10,000 (NZ$310) bail each after a judge issued a warrant of arrest in connection with their sedition case.

“Nag-piyansa na kami Fr Flavie at sumama [na] rin si Fr Robert [Reyes] at mga abogado namin. Napirmahan [na] kahapon ang warrant of arrest,” Fr Alejo told The Varsitarian.

The pre-trial conference and arraignment of the case were set fo March 17, according to a court order that granted their temporary liberty.

READ MORE: Philippines court orders arrest of Trillanes, 10 others on sedition charge

The case stems from allegations by ex-convict Peter Advincula who tagged the priests, four bishops and political figures in an alleged “destablisation plot” against the Duterte administration involving the Ang Totoong Narcolist (The True Narcolist) video series, which linked the president and his family to the illegal drug trade.

The Department of Justice, however, dismissed the charges against Novaliches Bishop Emeritus Teodoro Bacani Jr., Cubao Bishop Honesto Ongtioco, Caloocan Bishop Pablo Virgilio David, Lingayen-Dagupan Archbishop Socrates Villegas, and 22 other individuals on February 10.

The Quezon City Metropolitan Trial Court Branch 138 on Thursday also ordered the arrest of former senator Antonio Trillanes IV, Peter Advincula, or “Bikoy,” and nine other individuals accused of plotting to destabilise the government.

Senior Assistant State Prosecutor Olivia Torrevillas on Thursday said the 11 individuals were charged with “conspiracy” to commit sedition, not “inciting” to sedition, since there was no clear act to cause an uprising.

Fr Alejo obtained his bachelor’s degree from the University of Santo Tomas in Manila. He was also a Varsitarian Filipino writer.

Joenner Paulo L. Enriquez and Ma. Alena O. Castillo are reporters for the student newspaper The Varsitarian. Republished under a Creative Commons licence.

Article by AsiaPacificReport.nz

By Lian Buan in Manila

A Philippines court has issued arrest warrants against former senator Antonio Trillanes IV and 10 other people for conspiracy to commit sedition, the court confirmed.

The branch clerk of Quezon City Metropolitan Trial Court (MeTC) Branch 138 confirmed today that the warrants had been issued by Judge Kristine Grace Suarez to all 11 charged in a case over the so-called Bikoy Ang Totoong Narcolist (The True Narcolist) videos.

The accused, including two priests, will be arraigned on Monday at 2 pm.

READ MORE: Trillanes, from mutiny to amnesty

As many as three people have posted bail at P10,000 (about NZ$310) each, said the clerk. The clerk refused to disclose their identities but two of those who posted bail were priests Flaviano Villanueva and Albert Alejo.

A copy of the warrants were also not provided.

Besides Trillanes, the 10 others charged are:

Peter Joemel Advincula, alias Bikoy
Fr Flaviano Villanueva
Fr Albert Alejo
Yoly Ong-Villanueva
Boom Enriquez
Jonnell Sanggalang
JM Saracho
Eduardo Acierto
Vicente Romano
A certain “Monique”

Last year, Advincula accused members of the opposition, as well as ranking figures in the Catholic Church and human rights lawyers, of conspiring to oust President Rodrigo Duterte through what he claimed was an operation code-named Project Sodoma, which involved producing and releasing the narcolist videos.

Robredo cleared
On Monday, February 10, the Department of Justice filed charges against Trillanes and 10 others over the Bikoy videos but cleared Vice-President Leni Robredo, senators Leila de Lima and Risa Hontiveros, former senator Bam Aquino, former Magdalo representative Gary Alejano, and Otso Diretso candidates Erin Tañada, Chel Diokno, and Florin Hilbay.

All complaints against human rights lawyers, bishops, and members of the Integrated Bar of the Philippines were also dropped.

Trillanes, a fierce critic of Duterte, was first arrested under the Duterte administration on September 2018, when he was a sitting senator, for the charge of rebellion. This stemmed from Duterte’s Proclamation No. 572 which sought to revoke the amnesty granted to him in connection to the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

The opposition and human rights groups slammed the September 2018 arrest as part of the Duterte government’s crackdown on vocal critics.

Published under a Creative Commons licence.

Article by AsiaPacificReport.nz

By Jessica Savike in Suva

Fiji High Court judge Justice Vinsent Perera has ordered a retrial of former opposition SODELPA parliamentarian Mosese Bulitavu and Fiji United Freedom Party president Jagath Karunaratne in a case of alleged sedition over political graffiti.

The pair had appealed against their conviction and sentence of almost two and a half years each.

Bulitavu had been sentenced by Suva Magistrate Deepika Prakash to two years, five months and 13 days imprisonment, and Karunaratne was sentenced to two years, five months and 16 days imprisonment after being found guilty of sedition.

It is alleged the two were involved in spray painting words in different places between Nausori and Suva with the seditious intention of bringing into hatred or contempt, or to excite disaffection, against the government of Fiji.

It is alleged they did this with others between the August 1-27, 2011.

Justice Perera ruled in court yesterday there had been a substantial miscarriage of justice.

-Partners-

He said the magistrate breached or did not follow fundamental legal principles.

More than one person
Justice Perrera said it was clear the words were not spray painted by Karunaratne and Bulitavu, adding that the offence had been committed by more than one person.

The judge noted the citings of case laws by Magistrate Prakash, saying she had not followed them, and that it was clear she had not made a finding of the alleged act.

He set aside the conviction and allowed the appeal.

Bulitavu and Karunaratne have been released on bail.

The matter has been adjourned to September 24 and will be called before Chief Magistrate Usaia Ratuvili.

Article by AsiaPacificReport.nz

By Geraldine Panapasa, editor-in-chief of Wansolwara

“Relief!”

That was the word from Fiji Times Ltd publisher Hank Arts after High Court judge Justice Thushara Rajasinghe acquitted him and the company Fiji Times Ltd, Fiji Times editor-in-chief Fred Wesley, Nai Lalakai editor Anare Ravula and letter-writer Josaia Waqabaca of sedition charges at the High Court in Suva yesterday.

Speaking to Wansolwara News immediately after the verdict, Arts said they were happy with the judgment and relieved the case was over.

READ MORE: Not guilty – newspaper acquitted of sedition

“We have always said we are not anti-government and our success today is a reinforcement and confirmation that we are a good newspaper. Our staff are incredible,” he said.

Today’s Fiji Times front page.

“Relief is the first comment I would make. We are so relieved and happy, but at the same time wonder how we had to go through all this—the human cost (of the case) is too high.”

-Partners-

When asked what the next step was for him considering that fact that he had missed his daughter’s wedding and his own anniversary as a result of the court case, Arts said light-heartedly: “I need a beer now.”

On a more serious note, Arts said The Fiji Times would focus on its strengths moving forward as this year was election year and next year would mark the company’s 150th anniversary.

According to Justice Rajasinghe, the prosecution failed to prove beyond reasonable doubt that the article in question was seditious.

In his judgment, Justice Rajasinghe said he did not find any reason to disagree with the unanimous not guilty opinion of the three assessors.

Justice Rajasinghe found the intention of Waqabaca’s article was to have national reconciliation and he said he did not find any evidence that Arts or Wesley saw the article or knew about it before it was printed.

Fiji Times Ltd was charged with one count of printing a seditious publication while Arts was charged with one count of publishing in the Nai Lalakai an article, which had content with a seditious intention to promote feelings of ill will and hostility between classes of the population, namely non-Muslims and Muslims.

Waqabaca was charged with one count of submitting for publication an article written by him with a seditious intention, while Ravula and Wesley were charged with one count each of having aided and abetted the publication of a letter in the Nai Lalakai newspaper on April 27, 2016, by failing to prevent its publication.

Wansolwara News is the online publication of the University of the South Pacific journalism programme and a partner of the Pacific Media Centre’s Asia Pacific Report.

Article by AsiaPacificReport.nz

Pacific Media Watch Newsdesk

The High Court in Suva has found the Fiji Times Ltd, its three senior executives and a letter writer not guilty of sedition, reports Timoci Vula in The Fiji Times.

High Court judge Justice Thushara Rajasinghe has found the Fiji Times Ltd, general manager Hank Arts, Fiji Times editor-in-chief Fred Wesley, Nai Lalakai editor Anare Ravula and letter writer Josefa Waqabaca not guilty and acquitted them accordingly in a jam-packed court room at Government Buildings in Suva today.

Vijay Narayan and Semi Turaga of Fijivillage report Justice Rajasinghe had ruled that the prosecution had failed to prove beyond reasonable doubt that the Nai Lalakai article was seditious.

The judge said he found the intention of Waqabaca’s article was to have national reconciliation.

Justice Rajasinghe said he did not find any evidence that Hank Arts saw the article or knew about it before it was printed.

The judge also said he did not find any evidence that Fred Wesley read or was aware of the article before it was printed, Fijivillage reports.

-Partners-

Justice Rajasinghe said he did not find any reason to disagree with the three assessors, reported Fijivillage.

All three assessors had earlier returned a not guilty opinion on all charges against Fiji Times Limited, publisher Hank Arts, contributor Josaia Waqabaca, editor-in-chief Fred Wesley and Nai Lalakai editor Anare Ravula.

All four had pleaded not guilty.

Article by AsiaPacificReport.nz

By Talebula Kate in Suva

The three assessors in The Fiji Times sedition trial tonight returned a unanimous not guilty opinion on all counts.

They found Fiji Times publisher Hank Arts not guilty for the charge of publishing a seditious article in Nai Lalakai, a letter to the editor on April 27, 2016.

They also found Nai Lalakai editor Anare Ravula and Fiji Times editor-in-chief Fred Wesley not guilty for having aided and abetted the publication of a seditious article.

Letter writer Josaia Waqabaca was also found not guilty for the charge of submitting for publication an article written by him with a seditious intention, while the Fiji Times Ltd which was charged for printing a seditious publication was also found not guilty by the assessors.

High Court judge Justice Thushara Rajasinghe will deliver his judgment next week on Tuesday.

Talebula Kate is a Fiji Times reporter.

Article by AsiaPacificReport.nz