Footnotes
Chapter 1 - Introduction and conduct of inquiry
[1] Journals
of the Senate, no. 68, Wednesday, 13 May 2009, pp. 1942–1946. The change
was to be effective from 14 May 2009.
[2] The
Auckland Declaration, Pacific Islands Forum, Special Leaders' Retreat, 6 April
2004, Auckland. See also, Pacific Islands Forum Secretariat, Working Draft,
The Pacific Plan for strengthening regional cooperation and integration, p.
3; and Department of Foreign Affairs and Trade, 'Pacific Islands Forum Special
Leaders' Retreat', Auckland, 6 April 2004, http://www.dfat.gov.au/geo/spacific/regional_orgs/spf_leaders_decisions.html
(accessed 29 September 2008).
[3]
Pacific Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009).
[4]
Committee Hansard, 19 June 2009, pp. 7–8.
Chapter 2 - Law and order across the Pacific
[1] The
Department of Defence and the Australian Federal Police (AFP) each suggested that these states do not face any significant external military threat.
Department of Defence, Submission 18, p. 1; AFP, Submission 62,
p. 6. Since the end of the Cold War, the sense that the Pacific faced any form
of external threat has diminished substantially.
[2] See,
for example, Department of Defence, Submission 18; AFP, Submission 62; Professor Ben Reilly, Committee Hansard, 19 June 2009, p. 31.
[3] This list
is not exhaustive and does include other possible root causes including: the
desire for political independence; a lack of equity in government and
commercial process; the monetisation of local economies; or health and the
transmission of communicable diseases. In the last instance, for example, the
committee received evidence of the broader security implications that are
related to the spread of the HIV/AIDS epidemic in PNG, Committee Hansard,
19 March 2009, pp. 15–16.
[4] See Volume
I, paragraphs 16.29–16.38.
[5] This
list is adapted from one provided by the AFP, Submission 62, p. 14. The
submission suggests that instances of civil and political disorder have
increased substantially in the last 15–20 years.
[6] Opening
Address, Forum Regional Security Committee meeting, June 2008 http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2008-1/acting-sg-forau-speech-opening-of-2008-frsc-meeting.html
(accessed 14 January 2009).
[7] Committee
Hansard, 19 March 2009, p. 5.
[8] Submission
69, p. 26. This perspective was reiterated by Oxfam: 'Human security
threats can escalate into national and regional security threats and general
instability, placing pressure on Australia to respond'. Submission 26,
p. 14.
[9] In
September 2004, in an attempt to place human security at the centre of its
activities, the UN established a Human Security Unit within the Office for the
Coordination of Humanitarian Affairs Commission on Human Security (http://www.humansecurity-chs.org/).
The UN has also established an Advisory Board on Human Security (ABHS), committed
to promoting human security and deepening its international acceptance, http://ochaonline.un.org/ABHSandOutreach/tabid/2128/Default.aspx,
(accessed 3 February 2009).
[10] Submission
11, Attachment–'The Bipolar Pacific', p. 16.
[11] World
Vision Australia, Submission 47, p. 6. Also see Australia Pacific
Business Council, Submission 60, p. 2; Professor Helen Ware identified
unemployment as the single most important challenge facing Pacific island
states, Submission 48, p. 1.
[12] Committee
Hansard, 19 March 2009, p. 5; Committee Hansard, 25 March 2009, p.
53. For comments on the Solomon Islands, see James Cotton, 'Peacebuilding in
the Pacific: the Australian military experience', Journal of Peace, Conflict
and Development, Issue 14, July 2009, p. 4.
[13] Australia
Fiji Business Council, Submission 58, p. 2.
[14] Committee
Hansard, 25 March 2009, p. 60.
[15] Committee
Hansard, 25 March 2009, p. 60.
[16] Submission
11, Attachment–'The Bipolar Pacific', p. 3. It is important to note research
suggesting that a large youth population, in any society, will often be associated
with outbreaks of conflict. Population Action International, 'The Security
Demographic', 2003, p. 42, http://www.populationaction.org/Publications/Reports/The_Security_Demographic/The_Security_Demographic_Population_and_Civil_Conflict_After_the_Cold_War.pdf
(accessed 22 September 2009).
[17] CIA World
Factbook, https://www.cia.gov/library/publications/the-world-factbook/
(accessed 22 September 2009). Median age is the age at which half the
population is older and half is younger.
[18] Australian
Bureau of Statistics, 'Population by Age and Sex, Australia', June 2005,
Catalogue number 3235.0.55.001, http://www.abs.gov.au/ausstats/abs@.nsf/0/1F51406DCEEBAC14CA256EC7007B5B4E?OpenDocument
(accessed 21 September 2009).
[19] Secretariat
of the Pacific Community, New Caledonia, http://www.spc.int/hdp/Documents/hdp_meeting/CRGA%202006%203%205%20Youth%20Challenge.pdf
(accessed 21 September 2009).
[20] The
AFP suggested that 'breakdown in traditional social structures' and increased
criminality go hand in hand and might lead to 'more widespread conflict', Submission
62, p. 7.
[21] Submission
11, Attachment—'The Bipolar Pacific', p. 16.
[22] Stewart
Firth, 'Threat Spectrum', in Australia and the South Pacific: Rising to the
challenge, Australian Strategic Policy Institute Special Report, 12 March
2008, p. 10.
[23] Submission
11, Attachment–'The Bipolar Pacific', pp. 16–17.
[24] Committee
Hansard, 25 March 2009, p. 60.
[25] See also
Volume I, paragraphs 12.12–12.16 and 12.21.
[26] See Volume
I, paragraphs 12.24–12.37.
[27] In
May 2009, Chinese-owned businesses in Port Moresby and Lae were ransacked and
looted. The Canberra Times reported that the Deputy Prime Minister, Puka
Temu, suggested that PNG may again need to have Australian police on the
ground. 'Looting anti-Asian violence hits PNG', 16 May 2009.
[28] Pacific
Islands Forum Secretariat, Submission 69, p. 25. Blacksands is an
informal settlement of people from across the archipelago, many of whom arrived
as a result of natural disasters. There are at least eight separate communities
with different chiefly associations, but there is no overall cohesive organisational
structure. Pacific Islands Applied Geoscience Commission, Report 507,
May 2003, p. 2.
[29] Sinclair
Dinnen, 'Guns, Money and Politics: Disorder in the Solomon Islands', http://rspas.anu.edu.au/papers/conflict/dinnen_solomons.pdf
(accessed 8 September 2009).
[30] R.
J. May, 'Why is the Pacific not Peaceful? Examining internal conflicts in
Melanesia', http://rspas.anu.edu.au/papers/conflict/may_UNESCO-LIPI.pdf
(accessed 7 September 2009), p. 5.
[31] James
Cotton, 'Peacebuilding in the Pacific: the Australian Military Experience', Journal
of Peace, Conflict and Development, Issue 14, July 2009, p. 5.
[32] Oxfam
Australia, Submission 26, p. 6.
[33] Pacific
Islands Forum Secretariat, Submission 69, pp. 24–25.
[34] DFAT, Submission
68, p. 12.
[35] Neva Wendt,
'Development in Papua New Guinea', http://www.acfid.asn.au/resources/docs_resources/docs_papers/development-in-png_hr-feature_feb05.pdf,
p. 1 (accessed 18 September 2009).
[36] The
submission from the Pacific Islands Forum Secretariat identifies some of the
root causes of breakdowns in law and order across the Pacific. See also: James
Cotton, 'Peacebuilding in the Pacific: the Australian Military Experience', Journal
of Peace, Conflict and Development, Issue 14, July 2009 and R. J. May, 'Why
is the Pacific not Peaceful? Examining internal conflicts in Melanesia', http://rspas.anu.edu.au/papers/conflict/may_UNESCO-LIPI.pdf
(accessed 7 September 2009).
[37] CIA World
Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/countrytemplate_pp.html
(accessed 18 September 2009).
[38] Pacific
Islands Forum Secretariat, Submission 69, pp. 24–25; Amnesty
International, Fiji: A paradise lost—A tale of ongoing human rights
violations, April–July 2009, p. 12.
[39] Jon
Fraenkel and Stewart Firth, 'The enigmas of Fiji's good governance coups', in
Jon Fraenkel, Stewart Firth and Brij V Lal (eds), The 2006 military takeover
in Fiji: A coup to end all coups?, State, Society and Governance in
Melanesia Program, The Australian National University E Press, 2009, p. 3.
[40] Mr Garry
Tunstall, ANZ Banking Group, Committee Hansard, 24 March 2009, p. 63. By comparison about 10–15 per cent of land in Fiji is either state owned or
private land. The remainder is on native title, Committee Hansard, 25
March 2009, p. 69.
[41] Dr Keerthisinghe, ACIAR, Committee Hansard, 20 November 2008, p. 43.
[42] Submission
65, p. 14.
[43] Submission
69, p. 27.
[44] Centre for
Independent Studies, Submission 11, p. 3; The Australia Pacific
Islands Business Council also noted that the need for the careful management of
land access in the region, Submission 60, p. 8. See also Volume
I, paragraphs 17.3 and 17.11–17.12.
[45] Submission
11, p. 3. See also Volume I, paragraph 17.13.
[46] AID/WATCH
noted, 'Any Australian government involvement with changes to land ownership
systems in the Pacific needs to be carefully considered', Submission 16,
p. 2. This is largely the position of the Australian Government who have, in
providing $54 million for a Pacific Land Program to support governments in the
region that wish to strengthen or improve their land systems, suggested that
this money is guided by two fundamental principles: first, Australia will only
support reforms that recognise the continuing importance of customary tenure; second,
land policy reform must be driven by Pacific island governments and
communities, not by donors. Bob McMullan, Parliamentary Secretary for
International Development Assistance, http://www.ausaid.gov.au/media/release.cfm?BC=Media&ID=4312_6085_8808_3679_6624
(accessed 13 March 2009).
[47] Non-government
organisations have suggested that traditional landowners at Blacksands have
tolerated the settlement but residents have been unable to establish adequate
water or electricity supply because of insecure land rights, Pacific Islands
Applied Geoscience Commission, Report 507, May 2003, p. 2.
[48] C.
Lunnay, J. Fingleton, M. Mangawai, E. Nalyal & J. Simo, 'Vanuatu Review of
National Land Legislation, Policy and Land Administration', 2007, pp. 3–4, http://www.ausaid.gov.au/publications/pdf/vanuatu_land.pdf
(accessed 22 September 2009).
[49] See Pacific
Islands Law Officers' Network (PILON), Samoa Country Report http://www.pilonsec.org/www/pilon/pilon.nsf/Page/Country_Reports
December 2008, pp. 6–7 (accessed 4 November 2009).
[50] Forum
Communiqué, Paragraphs 61 and 62, http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/final-communique-of-40th-pacific-islands-forum-cairns.html
(accessed 14 September 2009).
[51] The
Pacific Island Forum Secretariat, Submission 69, p. 24.
[52] Submission
69, p. 25.
[53] Submission
56, p. 4.
[54] Submission
68, p. 12. DFAT added: the PNG Government is placing a high priority on
increasing police numbers and other resources, with Australian support.
[55] Amnesty
International New Zealand, 'Pacific leaders must address high levels of
violence against women', 6 August 2009, http://www.amnesty.org.nz/media_release/pacific-leaders-must-address-high-levels-of-violence-against-women
(accessed 18 September 2009).
[56] AusAID,
'Violence Against Women in Melanesia and East Timor: PNG Country Supplement'
2008, p. 105, http://www.ausaid.gov.au/publications/pdf/vaw_cs_png.pdf
(accessed 18 September 2009).
[57] Submission
65, p. 2. For a discussion on the connection between gender inequity and
the transmission of HIV/AIDS, see Committee Hansard, 19 March 2009, pp.
16–20.
[58] AusAID,
Office of Development Effectiveness, 'Violence against women in Melanesia and East Timor: building on global and regional promising approaches', 2008, p.
1. The report, which was based on findings of an international evaluation team
and focused as much as possible on women's own experience of violence,
demonstrated how violence against women was a major barrier to development
across the region.
[59] The
committee received evidence that a lack of economic power, in PNG, has forced women to seek money from transactional sex, Committee Hansard, 19 March
2009, p. 16.
[60] AusAID,
Office of Development Effectiveness, 'Violence against women in Melanesia and
East Timor: building on global and regional promising approaches', 2008, pp.
109, 137.
[61] AusAID,
Office of Development Effectiveness, 'Violence against women in Melanesia and East Timor: building on global and regional promising approaches', 2008, p.
vii.
[62] AusAID,
Office of Development Effectiveness, 'Violence against women in Melanesia and East Timor: building on global and regional promising approaches', 2008, p.
131. Other researchers claim that sexual violence against women is so common in
PNG that it is seen as normative in many communities, see Carol Jenkins, 'HIV/AIDS,
Culture, and Sexuality in Papua New Guinea', Asian Development Bank, April 2006
http://www.adb.org/Documents/Books/Cultures-Contexts-Matter/HIV-PNG.pdf,
p. 62.
[63] See
Human Development Indices, UN data: http://data.un.org/DocumentData.aspx?id=117
(accessed 2 April 2009). GDI measures standard of living against three
criteria: life expectancy, education and estimated earned income.
[64] AusAID,
'Violence Against Women in Melanesia and East Timor: PNG Country Supplement'
2008, pp. 105–110, http://www.ausaid.gov.au/publications/pdf/vaw_cs_png.pdf
(accessed 18 September 2009).
[65] Opening
address by Secretary General Tuiloma Neroni Slade, http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html
(accessed 14 September 2009).
[66] Forum
Communiqué, Paragraph 63, http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/final-communique-of-40th-pacific-islands-forum-cairns.html
(accessed 14 September 2009). Leaders are also committed to ensuring that 'all
individuals have equal protection of the law and equal access to justice'
(paragraph 64).
[67] AusAID, Submission
26, Standing Committee on Foreign Affairs, Defence and Trade, inquiry into Australia's
involvement in peacekeeping operations, 2008, p. 7.
[68] See Senate
Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraphs
16.40–16.41; 16.54–16.56; 18.47–18.48; and 18.53–18.54 which includes
recommendation 24.
[69] Oxfam
Australia, Submission 26, p. 8; Professor Clive Moore, Committee
Hansard, 26 March 2009, p. 21; Dr Satish Chand, Submission 2, p. 4.
[70] Australia
Papua New Guinea Business Council, Submission 14, p. 2.
[71] Submission
26, p. 14.
[72] Australia's
High Commissioner to Tonga, Mr Bruce Hunt, Committee Hansard, 25
September 2009. The current governance structure has been characterised by the
CIS as 'a rapacious oligarchy', Submission 11, Attachment–'The Bipolar
Pacific', p. 13.
[73] In
2005, a National Committee on Political Reform had been established to consult
with Tongans about democratic reform options; however, public frustration over
delays in the parliament's consideration of the report were said to have
contributed to riots. DFAT, Tonga County Brief, http://www.dfat.gov.au/geo/tonga/tonga_brief.html
(accessed 22 September 2009).
[74] Pacific
Islands Forum Secretariat, Submission 69, p. 24.
[75] See, for
example, Graeme Dobell, 'China and Taiwan in the South Pacific: Diplomatic
Chess versus Pacific Political Rugby', CSCSD Occasional Paper, no. 1, May 2007,
p. 10; Susan Windybank, 'The illegal Pacific, Part I: Organised crime', Policy,
vol. 24, no. 1, Winter 2008, p. 35; 'The Overseas Chinese in Tonga', Tokyo
Foundation, http://www.tokyofoundation.org/en/series/sylff/the-overseas-chinese-in-tonga
(accessed 9 November 2009).
[76] For
a full description of the root causes of recent intrastate conflict across the
Pacific, see Pacific Islands Forum Secretariat, Submission 69, pp.
24–25.
[77] Committee
Hansard, 19 June 2009, p. 26.
[78] Submission
25, 'Australia and the South Pacific: Rising to the Challenge', Australian
Strategic Policy Institute, March 2008—Issue 12, p. 52.
[79] Standing
Committee on Foreign Affairs, Defence and Trade, Australia's involvement in
peacekeeping operations, August 2008, paragraphs 8.16–8.18.
Chapter 3 - Building law enforcement capacity in Pacific island states
[1] Looking
elsewhere in Melanesia, Solomon Islands has a ratio of one police officer per
522 head of population and Vanuatu has one per 451 head of population. While
both Solomon Islands and Vanuatu are below the whole-of-Pacific average
(1:359), this should also be measured against their larger populations.
[2] Committee
Hansard, 21 November 2008, p. 79.
[3]
Australian Federal Police, Answers to written questions taken on notice,
8 September 2009. These figures have been provided by Pacific Police Chiefs and
should only be regarded as an estimate. Fiji is currently suspended from the
Pacific Island Chiefs of Police.
[4] Fiji
Village, National Budget, http://www.fijivillage.com/?mod=events&eid=24110983d413bc71afe3d9213d9f07
(accessed 16 December 2009).
[5] Assistant
Commissioner Prendergast, Committee Hansard, 21 November 2008, p. 73;
Australian Federal Police, answers
to written questions on notice, 8 September 2009.
[6]
See Volume I, paragraphs 4.36–4.38; 7.18–7.19; 9.15–9.16; 9.39–9.40;
10.2; 10.55–10.59; 12.1; and 14.7–14.21.
[7]
Australian Federal Police, Submission 62, pp. 5–6, Pacific Island
Forum Secretariat, Submission 69, pp. 25–26.
[8] Submission
68, p. 12. DFAT added that the PNG Government is placing a high priority on
increasing police numbers and other resources, with Australian support.
[9] Committee
Hansard, 24 March 2009, p. 55.
[10] Committee
Hansard, 24 March 2009, p. 54. QANTAS informed the committee that because
of 'a perceived security problem' they do not let their crews stay overnight in
PNG, Committee Hansard, 24 March 2009, p. 73.
[11] Committee
Hansard, 24 March 2009, p. 55. Australia's High Commissioner to PNG Chris
Moraitis suggested: 'As a rule of thumb...a business in PNG spends up to 15 per
cent of its budget on security', Committee Hansard, 19 March 2009, p. 5.
[12] Submission
62, p. 5.
[13]
Submission 62, p. 5.
[14] Customary or
traditional law/lore affects policing and law enforcement but also commercial
arrangements and attitudes towards landownership, which themselves have emerged
as causes of conflict in the Pacific.
[15] About
Pacific Islands Chiefs of Police (PICP), http://www.picp.org/about-us/
(accessed 5 November 2009).
[16] For
a fuller description of Pacific Islands Chiefs of Police, see http://www.picp.org/ (accessed 14 October
2009).
[17] Resolutions,
38th Pacific Islands Chiefs of Police Conference, Port Moresby, 1–3 September
2009, http://www.picp.org/2009/10/01/2009-picp-conference-resolutions/
(accessed 15 October 2009).
[18] The Pacific
Plan: For Strengthening Regional Cooperation and Integration, p. 7, http://www.forumsec.org/UserFiles/File/Pacific_Plan_Nov_2007_version.pdf
(accessed 13 July 2009).
[19] Pacific
Islands Forum Secretariat, Submission 69, p. 27.
[20]
AusAID, answer to written question on notice 2, 19 June 2009. 2007–2008: $395,287,186
from a regional total of $850,826,693; 2008–2009: $524.8 million from a regional
total of $992.8 million.
[21] AusAID, answers
to written questions on notice, 12 March 2009.
[22]
AusAID, answers to written questions on notice, 12 March 2009.
[23]
AusAID, Australian Aid: Promoting Growth and Stability—White Paper on
the Australian Government's overseas aid program, 2006, p. 43.
[24] The
increased incidences of breakdowns in law and order across the Pacific have
coincided with the growth of the AFP's International Deployment Group.
[25] The AFP also
maintains a strong relationship with the PNG police force cooperating on
transnational crime, money laundering, customs, immigration and border security
issues. DFAT, Submission 68, p. 20.
[26] Submission
62, p. 9.
[27]
Australian Federal Police, answers to written questions taken on notice, 8
September 2009. The AFP also described it as 'representing one of the most
innovative and comprehensive attempts in the world at supporting the rule of
law through regional police development', Committee Hansard, 21 November
2008, p. 67.
[28]
Australian Federal Police, Answers to written questions taken on notice, 8
September 2009.
[29]
Attorney-General's Portfolio Budget Statements 2009–2010, p. 198.
[30]
Attorney-General's Portfolio Budget Statements 2009–2010, p. 195.
[31] See Senate
Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, pp. 129–130, 138–139.
According to the 2008–09 Annual Report, the annual budget for the IDG is
$264 million.
[32]
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraph
10.17.
[33] Committee
Hansard, 21 November 2008, p. 68.
[34] Committee
Hansard, 21 November 2008, p. 74.
[35] Submission
69, p. 25.
[36] Department
of Defence, Submission 18, p. 5.
[37] The
Hon Bob McMullan MP, 'Opening of Samoa Police Headquarters', 1 February 2008, http://www.ausaid.gov.au/media/release.cfm?BC=Speech&ID=572_3045_7536_5774_3080
(accessed 18 February 2009).
[38] Implementation
of the United Nations Program of Action to prevent, combat and eradicate the
illicit trade in small arms and light weapons in all its aspects, National
Small Arms Statement—Australia, http://disarmament.un.org/cab/bms3/1National%20Reports%202008.html
(accessed 30 October 2009), pp. 11–13. In 2003, RAMSI held a 21-day firearms
amnesty and over 3,000 firearms and 300,000 rounds of ammunition were
surrendered.
[39] This IDG
training facility was profiled in the committee's recent report on
peacekeeping, Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, pp. 138–140. The AFP
advised the committee that, to date, 467 Pacific police from 13 countries have
undertaken pre-deployment training at the IDG training facility, adding 'This
training is unique in that it is the only training of the type, outside that of
military institutions, that has been accredited by the United Nations. It has
got a heavy focus on capacity building skills, human rights and similar issues',
Committee Hansard, 21 November 2008, p. 67.
[40] Pacific
Islands Law Officers' Meeting (PILOM) Review, January 2007 http://www.pilonsec.org/www/pilon/rwpattach.nsf/PublicbySrc/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf/$file/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf
(accessed 4 November 2009).
[41]
Pacific Islands Law Officers' Meeting (PILOM) Review, January 2007 http://www.pilonsec.org/www/pilon/rwpattach.nsf/PublicbySrc/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf/$file/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf,
paragraph 13 (accessed 4 November 2009).
[42] Submission
16, p. 2; Committee Hansard, 21 November 2008, p. 64. Dr Tony Murney
stated: 'we have justice systems in the Pacific that just do not have the
capacity to handle the volume of issues that would be normally dealt with', Committee
Hansard, 21 November 2008, p. 76.
[43]
Pacific Islands Law Officers' Meeting (PILOM) Review, January 2007 http://www.pilonsec.org/www/pilon/rwpattach.nsf/PublicbySrc/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf/$file/Pacific+Islands+Law+Officers+Meeting+(PILOM)+Review.pdf,
paragraph 14 (accessed 4 November 2009).
[44]
Committee Hansard, 21 November 2008, p. 76.
[45]
Dr Tony Murney, Committee Hansard, 21 November 2008, pp. 76–77. According
to Dr Sinclair Dinnen, within a traditional justice system the settlement
process may involve protracted discussions and negotiations and a payment of
compensation or an exchange of gifts, 'Interfaces between Formal and Informal
Justice Systems to Strengthen Access to Justice by Disadvantaged People',
Research School of Pacific and Asian Studies, The Australian National
University, November 2003, pp. 4–5. Often, a person with a certain status and
authority, such as a local police officer, may perform the role of an impartial
arbiter in settling disputes, Dr Tony Murney, Committee Hansard, 21
November 2008, p. 78.
[46]
Dr Tony Murney, Committee Hansard, 21 November 2008, p. 77.
[47]
Assistant Commissioner Frank Prendergast, Committee Hansard, 21
November 2008, p. 75; Ms Lucinda Atkinson, Committee Hansard, 21
November 2008, p. 64.
[48] AFP, Committee
Hansard, 21 November 2008, p. 76.
[49]
Committee Hansard, 21 November 2008, p. 72.
[50]
Committee Hansard, 21 November 2008, p. 72.
[51] Sinclair
Dinnen, 'Interfaces between Formal and Informal Justice Systems to Strengthen
Access to Justice by Disadvantaged People', Research School of Pacific and
Asian Studies, The Australian National University, November 2003, pp. 2–3. AusAID's
Violence against women in Melanesia and East Timor suggests that many women
lack knowledge of their legal rights and have found it difficult to have
grievances addressed through traditional justice models that are dominated by
males and are frequently biased towards men. See AusAID, Office of Development
Effectiveness, 'Violence against women in Melanesia and East Timor: building on
global and regional promising approaches', 2008, p. 110.
[52] Pacific
Islands Law Officers' Network (PILON) http://www.pilonsec.org/www/pilon/pilon.nsf/Page/About_PILON
(accessed 4 November 2009). At the 25th meeting in Kiribati in February 2007,
PILON changed its name from the Pacific Islands Law Officers' Meeting (PILOM),
reflecting members' desire for emphasis to be placed on the information-sharing
role of the organisation.
[53]
Submission 69, p. 27.
[54]
Pacific Islands Forum Secretariat, Thirty-fourth Pacific Islands Forum,
Forum Communiqué, Item 24, p. 4, http://www.forumsec.org/_resources/article/files/2003%20Communique.pdf
(accessed 18 February 2008).
[55]
Committee Hansard, 21 November 2008, p. 50. The Attorney-General's
Department currently has 11 officials with agencies in Papua New Guinea, Committee
Hansard, 21 November 2008, p. 63.
[56]
Submission 40, p. 8.
[57]
There are 15 participating Pacific Island countries that participate,
including: Papua New Guinea, the Federated States of Micronesia, the Fiji
Islands, Kiribati, the Marshall Islands, Tonga and Vanuatu.
[58]
Submission 40, pp. 6, 9.
[59]
Submission 65, p. 15.
[60]
Australian Government Solicitors, International Consultancies, http://www.ags.gov.au/whatweoffer/recentprojects/international.htm
(accessed 25 September 2009).
[61]
Pacific Islands Law Officers' Network, Pacific Law and Justice News, http://www.pilonsec.org/www/pilon/pilon.nsf/Page/Pacific_Law_and_Justice_News
(accessed 25 September 2009).
[62]
Pacific Islands Governance Portal: http://www.governance.usp.ac.fj/; http://www.paclii.org/ (accessed 27 October
2009).
[63]
UNDP, East Timor, 'Justice on Wheels: Timor-Leste's justice sector sends
mobile court to hear case of sexual assault in Laclubar', http://92.39.118.48/justice/index.php?mod=newsarchive&id=128
(accessed 14 October 2009).
[64]
See Volume I, paragraphs 15.45–15.50; 18.20.
[65]
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraphs
16.25–16.32.
Chapter 4 - Responding to law and order emergencies
[1] Submission
62, p. 8.
[2] Committee
Hansard, 21 November 2008, p. 86.
[3] Submission
62, p. 6.
[4] Committee
Hansard, 25 September 2008, pp. 3, 11.
[5]
Committee Hansard, 21 November 2008, p. 3.
[6] For
the full text of the Biketawa Declaration see: http://www.forumsec.org/_resources/article/files/Biketawa%20Declaration.pdf
(accessed 16 February 2007). The committee has previously recognised the
importance of the Biketawa Declaration in its report into Australia's
involvement in peacekeeping operations, Senate Standing Committee on Foreign
Affairs, Defence and Trade, Australia's involvement in peacekeeping
operations, August 2008, pp. 74–76. With respect of PRAN, funding and
technical assistance for key high-level law enforcement and justice positions
was made available. This has assisted Nauru develop a National Sustainable
Development Strategy, Committee Hansard, 19 June 2009, p. 6. Election
observer missions have also been undertaken under the Biketawa framework in: Bougainville
(2005), Solomon Islands and Fiji (2006), Republic of Marshall Islands (2007)
and Nauru (2008), Pacific Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009).
[7]
Secretary General Tuiloma Neroni Slade, Pre-Forum Session of the Forum
Officials Committee, http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/ramsi-commended-success-as-regional-initiative.html
(accessed 1 September 2009).
[8] Committee
Hansard, 19 June 2009, p. 7.
[9] See Peter
Londey, Other People's Wars: A History of Australian Peacekeeping, Allen
& Unwin, Crow's Nest, 2004, pp. 216–218.
[10]
See James Cotton, 'Peacebuilding in the Pacific: the Australian Military
Experience', Journal of Peace, Conflict and Development, Issue 14, July
2009, pp. 7–8.
[11] The fallout
from the coup, combined with the international economic downturn and the effect
of natural disasters, has had serious ramifications for the Fijian economy. The
Lowy Institute for International Policy suggested: '[Fiji] is suffering from a
triple whammy of an ongoing lack of business confidence following the 2006
coup, devastating floods in January this year and the impact of the global
recession on its tourism sector and demand for its exports. Fiji has a population
of over 850,000, and it is said that about 35 per cent of this population now
lives in poverty', Committee Hansard, 24 March 2009, p. 4.
[12]
See DFAT, 'Republic of the Fiji Islands Country Brief', http://www.dfat.gov.au/GEO/fiji/fiji_brief.html
(accessed 24 November 2009).
[13] Dr Jane
Lake, Committee Hansard, 19 June 2009, p. 44; Professor Ben Reilly, Committee
Hansard, 19 June 2009, p. 32.
[14]
Prime Minister John Howard, Question without notice: Solomon Islands, House
Hansard, 25 June 2003, p. 17483.
[15] AusAID,
answer to questions taken on notice 4, Additional Estimates 2009. The
total figure for 2008–09 is around $185 million, AusAID, Annual Report 2008–09,
p. 47. The Solomon Islands dependence on RAMSI mirrors the country's broader
reliance on aid. Official Development Assistance as a percentage of Gross
Domestic Product in Solomon Islands was 63 per cent in 2007. This compares with
five per cent for PNG. It was only exceeded by Nauru and Niue, AusAID,
'Tracking development and governance in the Pacific', August 2009, p. 41.
[16]
Committee Hansard, 5 September 2007, p. 43.
[17]
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraphs
18.37–18.41.
[18] Submission
52, 'Australia and the South Pacific: Rising to the challenge', p. 52.
[19]
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraphs
10.13–10.16.
[20] Australian
Government, Department of Defence, Defending Australia in the Asia Pacific
Century: Force 2030, p. 54.
[21]
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, paragraph 9.42.
[22] Australian
Government, Department of Defence, Defending Australia in the Asia Pacific
Century: Force 2030, pages 54, 23. Another important role for the Centre of
Excellence is to enhance Defence interoperability and coordination with the
Australian Federal Police.
[23] Committee
Hansard, 19 June 2009, p. 17. This is also outlined in the Centre's
Strategic Plan 2009–2011 http://www.civmilcoe.gov.au/uploads/files/Strategic_Plan_2009_V2.pdf
(accessed 27 October 2009).
[24]
Committee Hansard, 19 June 2009, p. 17.
[25] Committee
Hansard, 19 June 2009, pp. 18, 19.
[26]
Committee Hansard, 19 June 2009, p. 17.
[27] John
Faulkner, Minister for Defence, and Dr Wayne Mapp, New Zealand Minister for
Defence, 'Australian and New Zealand Defence Ministers Meet in Sydney to
Discuss Joint ANZAC Capabilities', Media release, 032/2009, 30 September 2009, www.minister.defence.gov.au/2009/ACFE30.doc
(accessed 27 October 2009).
[28] Submission
14, p. 8.
[29] Thirty-fourth
Pacific Islands Forum, Forum Communiqué, Item 55, p. 9, http://www.forumsec.org/_resources/article/files/2003%20Communique.pdf
(accessed 18 February 2008); The Pacific Plan: For Strengthening Regional
Cooperation and Integration, p. 7, http://www.forumsec.org/UserFiles/File/Pacific_Plan_Nov_2007_version.pdf
(accessed 13 July 2009).
[30] Alexander
Downer, 'Strengthening the Pacific's Crime Fighting Capabilities', Media
release 17 February 2004, http://www.ausaid.gov.au/media/release.cfm?BC=Media&Id=2925_2989_8265_171_3189
(accessed 31 August 2009).
[31] In
2005, the Forum noted 'the progress of the Pacific Regional Policing
Initiative', Thirty-sixth Pacific Islands Forum, Forum Communiqué, Item
14, p. 3, http://www.forumsec.org.fj/_resources/article/files/2005%20Forum%20Communique,%20Madang%20-%20Final%2016%20Nov%2005.pdf
(accessed 23 February 2008).
[32] Pacific
Regional Policing Initiative, http://www.pacific-rpi.com/
(accessed 14 October 2009).
[33] AusAID,
Regional Aid Strategy 2004–2009, pp. 17, 20.
[34]
For a fuller explanation of the legal basis for the RAMSI deployment see
Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, pp. 74–76.
[35]
See, for example, the committee's report into Australia's involvement
in peacekeeping operations, August 2008, Chapter 18, Effective
partnerships, paragraph 18.39.
Chapter 5 - Transnational crime
[1] See
Department of Defence, Submission 18, p. 1; Australian Federal Police, Submission
62, pp. 2–3, 6; DFAT, Submission 68, pp. 15–16; Pacific Island
Forum Secretariat, Submission 69, pp. 23–24; Attorney-General's
Department, Submission 40, p. 3; Austrac, Submission 45, p. 4.
Illegal immigration, the movement of undeclared currency across borders and
identity crime have also been identified as matters of continuing concern by
the Secretary General of the Pacific Islands Forum, Tuiloma Neroni Slade, Forum
Regional Security Committee Meeting, 4–5 June 2009,http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html(accessed
23 September 2009).
[2]
Committee Hansard, 21 November 2009, p. 48.
[3] Annex to
the Forum Communiqué, 23rd South Pacific Forum, Honiara, Solomon
Islands, 8–9 July 1992.
[4]
Pacific Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009).
[5] Pacific
Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009). Questions have been asked about the usefulness and
the implementation of these security declarations. Susan Windybank has been
critical of the 'alphabet soup' of regional security initiatives and agencies that
have emerged to counteract terrorism and money laundering, The Illegal Pacific,
Part 1: Organised Crime, http://www.cis.org.au/policy/winter08/windybank_winter08.html
(accessed 16 October 2009). Ciara Henshaw has also questioned the
implementation of the declarations: 'Although technical assistance has been
given particularly in the drawing up and adaptation of model legislation to
local conditions, Pacific Island countries face a general problem of law reform',
'Strengthening the rule of Law in the Pacific through international crime
cooperation' (2007), International and Humanitarian Law Resources, http://www.worldlii.org/int/journals/IHLRes/2007/3.html
(accessed 24 September).
[6] Ciara
Henshaw, 'Strengthening the rule of Law in the Pacific through international
crime cooperation' (2007), International and Humanitarian Law Resources, http://www.worldlii.org/int/journals/IHLRes/2007/3.html
(accessed 24 September).
[7]
Opening address to the Forum Regional Security Committee Meeting, http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html
(accessed 14 September 2009).
[8]
Pacific Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009).
[9]
Secretary General Tuiloma Neroni Slade, Forum Regional Security
Committee Meeting, 4–5 June 2009, http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html
(accessed 23 September 2009). Research has suggested that corruption increases
in line with a country's engagement with international economy, and thus, corrupt
capital is an international security issue in a double sense: '...the sources are
from outside the Pacific, and the corruption itself is mobile, being able to
shift from state to state according to need or opportunity. The remedy
therefore needs also to be international'. I. C. Campbell, 'Tongan Development
and Pacific island security issues', in Jim Rolfe (ed.), The Asia Pacific: a
Region in Transition, Asia–Pacific Centre for Security Studies, 2004, p.
352, http://www.apcss.org/Publications/Edited%20Volumes/RegionalFinal%20chapters/Chapter20Campbell.pdf
(accessed 14 October 2009).
[10]
Committee Hansard, 19 June 2009, p. 8.
[11]
Australian Strategic Policy Institute, 'Australia and the South Pacific:
Rising to the challenge' Special Report, issue 12, March 2008, p. 57.
[12]
Submission 68, pp. 10, 15.
[13] However,
due to the proximity or adjacency of many states, zones may be significantly
smaller. Committee Hansard, 20 November 2008, p. 60.
[14] Martin
Tsamenyi, 'Plundering the Pacific', World Conservation, May 2008, p. 3.
[15]
Australian Strategic Policy Institute, 'Australia and the South Pacific:
Rising to the challenge' Special Report, issue 12, March 2008, p. 56.
[16] Martin
Tsamenyi, 'Plundering the Pacific', World Conservation, May 2008, p. 3.
[17] Republic
of Kiribati's National Adaptation Program of Action (NAPA), http://unfccc.int/resource/docs/napa/kir01.pdf,
p. 3 (accessed 16 February 2008).
[18] Committee
Hansard, 20 November 2008, p. 59.
[19] Submission
40, p. 4.
[20] Australian Customs Service, answer to questions taken on
notice 3, 21 November 2008. In January 2009, Samoan newspapers reported
that the Commissioner of Police, Papali’i Lorenese Neru, was given a 'severe
censure' for his involvement in the handling of guns imported from American
Samoa, which arrived in Samoa without proper documentation. Alan Ah Mu, 'Top
cop receives "severe censure"', Samoa Observer, http://www.samoaobserver.ws/index.php?option=com_content&task=view&id=3865&Itemid=62
(accessed 18 February 2009).
[21] Australian
Customs Service, answer to question taken on notice 2, 21 November 2008.
[22] Australian
Customs Service, answer to question taken on notice 3, 21 November 2008.
[23] Submission
69, p. 25.
[24] DAFF, answer
to question taken on notice 4, 20 November 2008. Also see, Pacific Island Forum
Secretariat, Submission 69, p. 23; DAFF, Committee Hansard, 20
November 2008, p. 68.
[25] Acting Secretary
General of the Pacific Island Forum Secretariat, Mr Peter Forau, Opening Address,
Forum Regional Security Committee meeting, June 2008 http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2008-1/acting-sg-forau-speech-opening-of-2008-frsc-meeting.html
(accessed 14 January 2009).
[26] The FATF is
the inter-governmental body who develop national and international policies to
combat money laundering and terrorist financing.
[27] Attorney-General's
Department and Australian Customs Service, Submission 40, p. 3.
[28] Committee
Hansard, 21 November 2008, p. 53.
[29] Submission
68, p. 15.
[30] Australian
Strategic Policy Institute, Beyond Bali: ASPI Strategic Assessment 2002,
p. 3.
[31] Australian
Strategic Policy Institute, Beyond Bali: ASPI Strategic Assessment 2002,
p. 28.
[32] Elsina Wainwright, 'Pacific states are likely havens for
terror', Australian Financial Review, 23 October 2002.
[33] Elsina
Wainwright, 'Our Failing Neighbour: Australia and the Future of the Solomon
Islands', Policy Report, Australian Strategic Policy Institute, p. 13.
[34] In 2005 and
2006, the counter-terrorism contingency planning exercises Ready Pasifika
were held in the Pacific and Australia's National Counter-Terrorism Plan was
drawn upon to assist Pacific island states to establish their own national
security planning arrangements, Attorney-General's, Submission 40, p.
12.
[35] Submission
69, p. 23. DFAT agreed with this assessment suggesting that 'the current
threat of terrorism in the Pacific is low', Submission 68, p. 15.
[36] Submission
69, p. 23.
[37] Submission
68, p. 15.
[38] Pacific
Islands Forum Security Program, http://www.forumsec.org.fj/pages.cfm/security/
(accessed 4 September 2009).
[39]
Foreign Affairs, Defence and Trade References Committee, China's
emergence: implications for Australia, March 2006, paragraph 10.28.
[40]
Foreign Affairs, Defence and Trade References Committee, China's
emergence: implications for Australia, March 2006, Recommendation 7.
[41]
DFAT, Committee Hansard, 21 November 2008, p. 7. This comment was
made after the change of government in Taiwan in March 2008.
[42]
See comments from DFAT, Committee Hansard, 21 November 2008, p. 7
and Professor Ben Reilly, Committee Hansard, 19 June 2009.
[43]
Lowy Institute for International Policy, Committee Hansard, 24
March 2009, p. 15. These figures are for pledged not disbursed aid. The amount
of disbursed aid is lower at $150 million per annum. Mr Fergus Hanson pointed
out that 'there is evidence to suggest that the amount of aid being pledged is
taking a number of years to be spent, that not every project is being built and
that there are constant re-announcements of different projects over time', Committee
Hansard, 24 March 2009, p. 15.
Chapter 6 - Capacity to police borders
[1] The
Department of Defence advised: 'A key economic and security challenge for many
island states is managing their large economic exclusion zones or EEZs. All of these
states lack the capacity to effectively protect their EEZ resources from
illegal fishing and to monitor their maritime boundaries against threats like
smuggling without substantial help from outside', Committee
Hansard, 21 November 2008, p. 86.
[2]
AFP, Submission 62, p. 6.
[3] Assistant
Commissioner Prendergast, AFP, suggested that some law enforcement agencies
have dual roles of police and military: 'small states have police forces that
are also responsible for aspects of national security and undertake policing at
both the local and national level', Committee Hansard, 21 November 2008,
p. 73.
[4]
The TDF has maintained about 200 personnel in RAMSI since 2003, paid for
by Australia and New Zealand.
[5] Naval
figures are taken from Jane's Sentinel Country Risk Assessments—Oceania,
Issue 13, 2008, Jane's Information Group Ltd., UK, p. xii. Other figures are
taken from 'Australia and the South Pacific: Rising to the challenge', Australian
Strategic Policy Institute, pp. 37–39. The defence budget of these states with
dedicated military organisations are: PNG (2009) 108.67 million Kina, which is
1.67 per cent of the national budget; Fiji's (2008–2009) is 1.5 per cent of the
national budget; Tonga's (2008–2009) is 3.4 per cent of
the national budget. Department of Defence, answers to questions taken on notice
2, 21 November 2008.
[6]
Air Commodore Jones, Committee Hansard, 19 June 2009, p, 27.
[7] Submission
40, p. 9.
[8] Mr Andrew
Tongue, Department of Infrastructure, Transport, Regional Development and Local
Government, Committee Hansard, 20 November 2008, p. 80.
[9]
Jane's Sentinel Security Assessment—Oceania (Papua New Guinea), Navy, http://www.janes.com/articles/Janes-Sentinel-Security-Assessment-Oceania/Navy-Papua-New-Guinea.html
(accessed 6 November 2009).
[10]
Andreas Schoenhardt, citing a report from the United Nations Office on
Drugs and Crime, as it appears in: The Market for amphetamine-type
stimulants and their precursors in Oceania, Australian Institute of
Criminology, Research and Public Policy series, no. 81, p. 56, http://www.aic.gov.au/documents/7/F/8/{7F8A14E8-D893-4D3F-BFE0-DCAE3B2A035C}rpp81.pdf.
[11]
Andreas Schoenhardt, The Market for amphetamine-type stimulants and
their precursors in Oceania, Australian Institute of Criminology, Research
and Public Policy series, no. 81, p. 56, http://www.aic.gov.au/documents/7/F/8/{7F8A14E8-D893-4D3F-BFE0-DCAE3B2A035C}rpp81.pdf.
[12]
Pacific Islands Forum Secretariat, Thirty-fifth Pacific Islands Forum, Forum
Communiqué, Item 27; Thirty-fourth Pacific Islands Forum, Forum Communiqué,
Item 24, http://www.forumsec.org/_resources/article/files/2003%20Communique.pdf
(accessed 18 February 2008).
[13]
Opening address to the Forum Regional Security Committee Meeting, http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html
(accessed 14 September 2009).
[14] Submission
68, pp. 10, 15.
[15] AusAID,
Valuing Pacific fish, http://www.ausaid.gov.au/publications/pdf/fisheries.pdf,
p. 10 (accessed 10 September).
[16] The Pacific
Plan: For Strengthening Regional Cooperation and Integration, p. 7, http://www.forumsec.org/UserFiles/File/Pacific_Plan_Nov_2007_version.pdf
(accessed 13 July 2009). It is based in Honiara, and comprises 17 member
governments. It was established in August 1979 to help countries manage their
fishery resources that fall within their EEZs. The founding document of the
Agency is the South Pacific Forum Fisheries Agency Convention. The Forum Fisheries
Committee meets annually to consider regional policies and the budget and work
program of the Agency. More information about the FAA is available at: http://www.daff.gov.au/fisheries/international/multilateral/forum
(accessed 29 January 2009).
[17] Submission
42, p. 12.
[18] The
WCPFC was established by the Convention for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF
Convention) which entered into force in 2004. Members of the WCPFC include: Australia,
China, Canada, Cook Islands, European Community, Federated States of
Micronesia, Fiji, France, Japan, Kiribati, Korea, Republic of Marshall Islands,
Nauru, New Zealand, Niue, Palau, Papua New Guinea, Philippines, Samoa, Solomon
Islands, Chinese Taipei, Tonga, Tuvalu, United States of America and Vanuatu,
see: http://www.un.org/Depts/los/convention_agreements/reviewconf/wcpfc_reviewconference.pdf
and the Department of Agriculture, Forestry and Fisheries http://www.daff.gov.au/fisheries/international/wcfpc,
(accessed 29 January 2009).
[19] DFAT,
Submission 68, p. 10. The Secretariat of the Pacific Community (SPC) is another intergovernmental organisation that provides technical assistance, policy advice,
training and research services which may relate to matters of border or
maritime security. See Secretariat of the Pacific Community, http://www.spc.int/corp/ (accessed 23
September 2009).
[20] DAFF,
answers to questions taken on notice 2, 20 November 2008.
[21] DAFF,
answers to questions taken on notice 2, 20 November 2008.
[22] 'Fishermen pay $500,000 penalty for illegal fishing in
Tongan waters', Matangi Tonga, 18 December 2008. Taiwan responded by suspending the fishing licence of the vessel for three months and the fishing
licence of the captain for six months.
[23] 'Japan
Fishing Boat Fined', Solomon Times Online, 3 October 2008, http://www.solomontimes.com/news.aspx?nwID=2743
(accessed 4 February 2009).
[24]
Committee Hansard, 12 March 2009, p. 36. This includes $9.7 million
annual funding to the SPC and $2.3 million to the FAA, AusAID, Submission 65,
p. 21.
[25]
Committee Hansard, 12 March 2009, p. 37.
[26] Committee
Hansard, 20 November 2008, p. 57.
[27]
Committee Hansard, 21 November 2008, p. 78.
[28] The
DCP engages 11 Pacific Islands Forum states: Papua New Guinea, Solomon Islands,
Tonga, Samoa, Vanuatu, Palau, Republic of the Marshall Islands, Federated
States of Micronesia, Tuvalu, Kiribati and the Cook Islands. Where nations do
not have a dedicated military organisation, the DCP is directed towards their
security and police forces. There are four priority states: PNG, Tonga, Solomon Islands and Vanuatu. Air Commodore Jones explained how Defence conducts
annual talks to determine DCP priorities and partner countries' aspirations and
expectations regarding the program, Committee Hansard, 19 June 2009, p.
24. PNG receives the largest share of DCP funds—$13.4 million. Australia's DCP
with Fiji was suspended following the 2006 coup.
[29] Prime
Minister Kevin Rudd, 'Remarks at the Pacific Islands Forum Plenary Opening
Ceremony', Cairns, http://www.pm.gov.au/node/6091
(accessed 1 September 2009).
[30]
Department of Defence, 'Defence Cooperation and Patrol Boats', answers to
questions taken on notice 3, 19 June 2009.
[31]
Submission 68, p. 27.
[32]
Australian Government, Department of Defence, Defending Australia in
the Asia Pacific Century: Force 2030, pp. 98–99.
[33]
Committee Hansard, 21 November 2009, p. 92.
[34]
Committee Hansard, 19 June 2009, p. 20.
[35]
Submission 18, p. 2.
[36]
Committee Hansard, 19 June 2009, p. 21.
[37] Department
of Defence, 'Funding for PBPP', answers to questions taken on notice 1, 19 June
2009.
[38]
The committee notes that on 17 September 2008, Defence Minister Joel
Fitzgibbon and his French counterpart, Mr Hervé Morin, announced that an
agreement is being negotiated to increase Australia and France's defence ties
in the South Pacific. Australia will have greater access to the French base in
New Caledonia and the two countries will cooperate on training, joint
exercises, maritime surveillance and in their support of regional defence and
police forces.
[39]
Committee Hansard, 19 June 2009, p. 20.
[40]
Committee Hansard, 19 June 2009, p. 23.
[41]
Committee Hansard, 19 June 2009, p. 21.
[42] 'Australia
and the Pacific: Rising to the challenge', Australian Strategic Policy
Institute, March 2008, vol. 12, p. 62.
[43]
Committee Hansard, 21 November 2008, p. 87.
[44]
Committee Hansard, 19 June 2009, p. 22.
[45]
Committee Hansard, 19 June 2009, p. 22.
[46]
Submission 18, p. 3.
[47]
Committee Hansard, 19 June 2009, p. 29.
[48]
Committee Hansard, 12 March 2009, pp. 38–9.
[49] AusAID, answers
to questions taken on notice 3(a), 12 March 2009.
[50]
Commonwealth of Australia, Pacific Economic Survey 2008: Connecting the
region, Canberra, 2008, p. 78; Australian Maritime Safety Authority, Annual
Report 2007–2008, http://www.amsa.gov.au/about%5Famsa/corporate%5Finformation/annual%5Freports/2007%2D2008/our%5Fpeople.pdf
(accessed 30 October 2009).
[51]
'Australia and the Pacific: Rising to the challenge', Australian Strategic
Policy Institute, March 2008, vol. 12, p. 66.
[52]
'Australia and the Pacific: Rising to the challenge', Australian Strategic
Policy Institute, March 2008, vol. 12, p. 67.
[53]
'Australia and the Pacific: Rising to the challenge', Australian Strategic
Policy Institute, March 2008, vol. 12, p. 68.
[54]
'Australia and the Pacific: Rising to the challenge', Australian Strategic
Policy Institute, March 2008, vol. 12, p. 70.
[55]
'Australia and the Pacific: Rising to the challenge', Australian Strategic
Policy Institute, March 2008, vol. 12, p. 71. They also suggest, 'The legal
frameworks for maritime law enforcement must be widened to include all possible
crimes at seas and not just be focused on illegal fishing'.
[56]
Committee Hansard, 20 November 2008, p. 80.
[57]
Submission 68, p. 29.
[58] For comments
on port security see the Department of Infrastructure, Transport, Regional
Development and Local Government, Committee Hansard, 20 November 2008,
p. 81; DFAT, Submission 68, p. 15.
[59]
Committee Hansard, 19 June 2009, p. 11.
[60]
DFAT, Submission 68, p. 15.
[61]
Committee Hansard, 19 June 2009, p. 8.
[62]
Oceania Customs Organisation, http://www.ocosec.org/index.html
(accessed 9 April 2009).
[63]
Secretary General Tuiloma Neroni Slade, Forum Regional Security Committee
Meeting, 4–5 June 2009, http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2009-1/sg-tuiloma-neroni-slade-frsc-meeting-opening-address.html
(accessed 23 September 2009).
[64]
Committee Hansard, 21 November 2008, p. 56.
[65]
Submission 40, p. 10.
[66] Submission
40, p. 7 and the Pacific Islands Law Officers' Network, http://www.pilonsec.org/www/pilon/pilon.nsf/Page/PacificLawandJusticeNews_June-November2008News
(accessed 11 March 2009).
Chapter 7 - Addressing complex crime
[1]
Submission 69, p. 22.
[2] Australian
Federal Police, answers to questions taken on notice, 8 September 2009.
[3] Opening
Address by Mr Tuiloma Neroni Slade, Secretary General, Pacific Islands Forum
Secretariat, Forum Regional Security Committee Meeting, 4–5 June 2009.
[4]
Submission 45, p. 5.
[5]
An international group comprising 108 financial intelligence units.
[6]
Somewhat confusingly, while Attorney-General's refer to
'counter-financing of terrorism' or CFT, AUSTRAC refer to counter-terrorism
financing, or CTF. This usage should be standardised and CFT would appear a
more logical expression.
[7]
AUSTRAC, Submission 45, p. 5.
[8]
See APG website: http://www.apgml.org/default.aspx
(accessed 29 September 2009).
[9]
Committee Hansard, 21 November 2008, p. 54.
[10] Attorney-General's
Department and Australian Customs Service, Submission 40, p. 6.
[11]
Submission 45, p. 2. A Pacific engaged reported that many
countries of the Pacific were now in the process of implementing anti-money
laundering and counter terrorism programs but lacked Financial Intelligence
Units (FIUs) to facilitate the exchange of financial intelligence. The
committee therefore recommended that the government: '...provide dedicated
additional funds to Austrac to enable the agency to strengthen its support for Pacific Island efforts to address money laundering and terrorist financing'. Senate Standing
Committee on Foreign Affairs, Defence and Trade, A Pacific engaged: Australia 's relations with Papua New Guinea and the island states of the
south-west Pacific, August 2003, p. xxix.
[12] In
its submission, AUSTRAC cited the joint Pacific Anti-Money Laundering
project/IMF/ Commonwealth Secretariat regional workshop (December 2007) where
it was reported that most Pacific island states have a jurisdictional or
legislative framework for regulating and reporting money laundering activities,
but struggle to enforce or implement these, Submission 45, pp. 4–5.
[13]
Committee Hansard, 21 November 2008, p. 51.
[14]
Submission 45, p. 4.
[15]
Committee Hansard, 21 November 2008, pp. 44–45.
[16] AUSTRAC,
Annual Report 2005–6, p. 74.
[17]
Committee Hansard, 21 November 2008, p. 45.
[18]
Committee Hansard, 21 November 2008, p. 45.
[19]
Submission 43, p. 6.
[20]
Committee Hansard, 12 March 2009, pp. 11, 12.
[21]
Submission 62, p. 12.
[22] Committee
Hansard, 21 November 2008, p. 70.
[23]
Submission 62, p. 12.
[24] AFP media
release, 'Joining together to fight crime in the Pacific', 24 April 2008, http://www.afp.gov.au/media_releases/national/2008/joining_together_to_fight_crime_in_the_pacific
(accessed 29 September 2009).
[25]
Submission 62, pp. 11–12.
[26]
Submission 62, p. 12.
[27] The PTCCC
was first opened in Fiji in 2004, bringing together law enforcement, customs
and immigration agencies from across the Pacific. In 2008, the PTCCC was moved
from Suva to Apia, Samoa. Minister for Home Affairs, Bob Debus, 'Pacific Crime
Coordination Centre Opens in Samoa', http://www.ag.gov.au/www/ministers/ministerdebus.nsf/Page/MediaReleases_2008_Secondquarter_10June2008-PacificCrimeCoordinationCentreopensinSamoa
(accessed 23 February 2009).
[28]
Committee Hansard, 21 November 2008, p. 79.
[29] Susan
Windybank, 'The Illegal Pacific, Part 1: Organised Crime', Policy, vol.
24, no. 1, Winter 2008, http://www.cis.org.au/policy/winter08/windybank_winter08.html
(accessed 24 November 2009).
[30]
Submission 62, p. 12.
Chapter 8 - Vulnerability to natural disasters and the potential impacts of climate change
[1]
See for example, Ministerial Conference on Environment and Development
in Asia and the Pacific 2000, 'Review of the state of the environment of the
pacific islands', Kitakyushu, Japan 31 August–5 September 2000.
[2]
According to a 2006 study by the World Bank, since 1950, natural
disasters have affected more than 3.4 million people and caused 1,747 reported
fatalities in the Pacific islands region, Not if but when, adapting to
natural hazards in the Pacific Islands Region, 2006, p. 1.
[3] At
the Pacific Island Leaders Forum 2009, Prime Minister Kevin Rudd, suggested
that given that 50 per cent of the populations of the Pacific Island countries
lie within 1.5 kilometres of their coastlines 'the effect of coastal inundation
is potentially huge', 'Transcript of address at the close of the Pacific
Islands Forum', Cairns, 7 August 2009, http://www.pm.gov.au/node/6115
(accessed 19 October 2009).
[4] Committee
Hansard, 19 March 2009, p. 14.
[5]
Committee Hansard, 19 March 2009, p. 14.
[6] Submission
18, p. 1. Mr Moraitis explained that PNG does have a National Disaster
Centre, which coordinates disaster responses, and that Australia works with the
Centre in times of need.
[7] Committee
Hansard, 21 November 2008, p. 3.
[8] The
PTWC is comprised of 26 participating international Member States which include
Australia, New Zealand, Fiji, the Cook Islands and Western Samoa. 'Tsunami
Warning System', http://www.geophys.washington.edu/tsunami/general/warning/warning.html
(accessed 15 April 2009).
[9]
Adam Morton, 'No time to alert islands of danger', Age, 1 October
2009.
[10]
The Pacific Plan: For Strengthening Regional Cooperation and Integration,
p. 7, http://www.forumsec.org/UserFiles/File/Pacific_Plan_Nov_2007_version.pdf
(accessed 13 July 2009).
[11] Australian
Tsunami Warning System, http://www.ema.gov.au/www/emaweb/emaweb.nsf/Page/FundingandGrants_Projects_AustralianTsunamiWarningSystem
(accessed 6 October 2009).
[12] See
http://www.bom.gov.au/tsunami/about_atws.shtml
(accessed 15 April 2009).
[13] Pacific
Islands Forum 2005, Forum Communiqué, Item 24, p. 5.
[14]
House of Representatives Standing Committee on Climate Change, Water,
Environment and the Arts, Managing our coastal zone in a changing climate:
The time to act is now, October 2009, paragraph 3.131.
[15] Australian
Government, Department of Defence, Defending Australia in the Asia Pacific
Century: Force 2030, pp. 23, 54. Another important role for the Centre of
Excellence is to enhance Defence's interoperability and coordination with the
Australian Federal Police. The White Paper also acknowledges that Defence
forces must be deployed in support of regional humanitarian assistance and
disaster relief.
[16] Committee
Hansard, 19 June 2009, p. 25. $1.5 million of funding for the task force
had been provided in the 2008–09
Budget, Committee Hansard, 19 June 2009, p. 43.
[17] AusAID,
'Developing a Deployable Civilian Capacity for Australia', http://www.ausaid.gov.au/hottopics/topic.cfm?ID=4340_2958_671_9343_142
(accessed 3 September 2009).
[18] Committee
Hansard, 19 June 2009, pp. 39–40.
[19]
AusAID, 'New Australian Civilian Corps to assist in disaster and conflict
zones', http://www.ausaid.gov.au/hottopics/topic.cfm?ID=7115_4988_8043_4374_974
(accessed 27 October 2009).
[20] AusAID, 'New
Australian Civilian Corps to assist in disaster and conflict zones', http://www.ausaid.gov.au/hottopics/topic.cfm?ID=7115_4988_8043_4374_974
(accessed 27 October 2009).
[21] AusAID, 'What
is the Australian Civilian Corps?' http://www.ausaid.gov.au/acc/
(accessed 27 October 2009).
[22]
See Senate Standing Committee on Foreign Affairs, Defence and Trade, Australia's
involvement in peacekeeping operations, August 2008, Recommendation 10, p
157.
[23]
Pacific Economic Survey 2008: connecting the region, p. 4. http://www.ausaid.gov.au/publications/pdf/pacific_economic_survey08.pdf
(accessed 16 October 2009).
[24] Fortieth
Pacific Islands Forum Meeting, Forum Communiqué, paragraph 4, http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/final-communique-of-40th-pacific-islands-forum-cairns.html
(accessed 29 September 2009).
[25] The
Department of Climate Change noted that Pacific island states contribute 0.04
per cent of the total global emissions. Submission 71, p. 4. According
to 2005 figures listing total global greenhouse gas emissions, Pacific island
nations were ranked as extremely low emitters of CO². Of
the 186 nations listed, Pacific island states were ranked accordingly: Papua
New Guinea 126 (with 0.01% of total world emissions); Fiji 142 (with
0.00% of world total emissions); Solomon islands 173 (with 0.00% of
world total emissions); Samoa 174 (with 0.00% of world total emissions);
Nauru 175 (with 0.00% of world total emissions); Tonga 178 (with
0.00% of world total emissions); Palau 179 (with 0.00% of world total
emissions); Vanautu 182 (with 0.00% of world total emissions); Cook
islands 184 (with 0.00% of world total emissions); Kiribati 185
(with 0.00% of world total emissions); Niue 186 (with 0.00% of world
total emissions). Data from other Pacific island states was unavailable. Ranked
by tonnes of CO² emitted per
person, states were rated as follows: Papua New Guinea 147, Fiji 114,
Solomon Islands 157, Samoa 144, Nauru 35, Tonga 135, Palau 69, Vanuatu 155,
Cook Islands 95, Kiribati 163, Niue 121. World Resources Institute, Climate
Analysis Indicators Tool (CAIT) Version 6.0, 2009.
[26] Prime
Minister Kevin Rudd, 'Transcript of address at the close of the Pacific Islands
Forum', Cairns, 7 August 2009 http://www.pm.gov.au/node/6115
(accessed 19 October 2009).
[27] The Honourable
Tuila'epa Lupesoliai Sailele Malielegaoi, Prime Minister of the Independent
State of Samoa, Sixty-Fourth Session of the United Nations General Assembly, 26
September 2009 (accessed 7 October 2009).
[28] For
example, since 1994 Samoa's Taro crop has been decimated by a fungal blight
which has decimated plants. Taro was Samoa's largest export, generating more
than half of all export revenue in 1993 but since 1994 taro exports have
accounted for less than 1% of export revenue.
[29] Submission
50, p. 8.
[30] Submission
71, p. 2.
[31] UN
Department of Economic and Social Affairs, Climate change and its possible
security implications, 'Security implications of climate change in Kiribati',
August 2009, http://www.un.org/esa/dsd/resources/res_pdfs/ga-64/cc-inputs/Kribati_CCIS.pdf,
p. 3 (accessed 7 October 2009).
[32] UN
Department of Economic and Social Affairs, Climate change and its possible
security implications, 'Security implications of climate change in Kiribati',
August 2009, http://www.un.org/esa/dsd/resources/res_pdfs/ga-64/cc-inputs/Kribati_CCIS.pdf,
p. 4 (accessed 7 October 2009).
[33]
UN Department of Economic and Social Affairs, Climate change and its
possible security implications, 'Security implications of climate change in
Kiribati', August 2009, http://www.un.org/esa/dsd/resources/res_pdfs/ga-64/cc-inputs/Kribati_CCIS.pdf,
p. 6 (accessed 7 October 2009).
[34] The
UNFCCC did not contain any targets for reducing GHG emissions. By contrast, the
major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialised
countries and the European community.
[35] National
Adaptation Programme of Action, http://www.napa-pana.org/
(accessed 16 February 2009).
[36] Pacific
Islands Forum Secretariat, http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2008/forum-leaders-endorse-niue-declaration-on-climate-change.html?printerfriendly=true
(accessed 16 February 2009).
[37] Submission
14, pp. 4–5.
[38] Submission
62, p. 7. Also see ACFID, Submission 49, p. 2.
[39] Submission
50, p. 8.
[40] Statement by
His Excellency Anote Tong, President of the Republic of Kiribati, General
Debate of the 64th United Nations General Assembly, 25 September 2009, http://www.un.org/ga/64/generaldebate/pdf/KI_en.pdf
(accessed 7 October 2009).
[41] Committee
Hansard, 24 March 2009, p. 38.
[42] Committee
Hansard, 24 March 2009, p. 39.
[43] Submission
14, pp. 4–5.
[44]
Port Moresby Declaration, http://www.ausaid.gov.au/country/PortMorDec.cfm
(accessed 5 November 2009).
[45]
Submission 71.
Chapter 9 - Conclusion—Partnerships for Security
[1]
AusAID, Samoa–Australia Partnership for Development, http://www.ausaid.gov.au/country/partnership/samoa.cfm
(accessed 9 October 2009).
[2]
AusAID, Nauru–Australia Partnership for Development, http://www.ausaid.gov.au/hottopics/pdf/Australia_Nauru_Partnership_for_Development.pdf
(accessed 9 October 2009).
[3]
AusAID, Vanuatu–Australia Partnership for Development, http://www.ausaid.gov.au/hottopics/pdf/Australia_Vanuatu_Partnership_for_Development.pdf
and Papua New Guinea–Australia Partnership for Development, http://www.ausaid.gov.au/hottopics/pdf/Australia_PNG_Partnership_for_Development.pdf
(accessed 9 October 2009).
[4]
2009
Forum Communique, Cairns Australia, paragraph 58: http://www.forumsec.org.fj/_resources/article/files/Final_2009_Forum_Communique.pdf (accessed 26
October 2009).
[5]
Committee Hansard, Supplementary Estimates, Department of
Defence, 21 October 2009, p. 73.
[6]
Committee Hansard, 21 November 2008, p. 74.
[7] Pacific
Islands Forum Secretariat, Opening Address by Mr Tuiloma Neroni Slade,
Secretary General, Pacific Islands Forum Secretariat, Forum Regional Security
Committee Meeting, 4–5 June 2009.