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Category: Self Determination

  • ICJ to begin hearings in landmark Pacific climate change case started by students

    SPECIAL REPORT: By Doug Dingwall of ABC Pacific

    A landmark case that began in a Pacific classroom and could change the course of future climate talks is about to be heard in the International Court of Justice (ICJ).

    The court will begin hearings involving a record number of countries in The Hague, in the Netherlands, today.

    Its 15 judges have been asked, for the first time, to give an opinion about the obligations of nations to prevent climate change — and the consequences for them if they fail.

    The court’s findings could bolster the cases of nations taking legal action against big polluters failing to reduce emissions, experts say.

    They could also strengthen the hand of Pacific Island nations in future climate change negotiations like COP.

    Vanuatu, one of the world’s most natural disaster-prone nations, is leading the charge in the international court.

    The road to the ICJ — nicknamed the “World Court” — started five years ago when a group of University of the South Pacific law students studying in Vanuatu began discussing how they could help bring about climate action.

    “This case is really another example of Pacific Island countries being global leaders on the climate crisis,” Dr Wesley Morgan, a research associate with UNSW’s Institute for Climate Risk and Response, said.

    “It’s an amazing David and Goliath moment.”

    The UN's top court, the International Court of Justice (ICJ), is housed in the Peace Palace in The Hague, Netherlands.
    Environmental advocates and lawyers from around the world will come to the International Court of Justice for the court case. Image: CC BY-SA 4.0/ Velvet

    Meanwhile, experts say the Pacific will be watching Australia’s testimony today closely.

    So what is the court case about exactly, and how did it get to this point?

    From classroom to World Court
    Cynthia Houniuhi, from Solomon Islands, remembers clearly the class discussion where it all began.

    Students at the University of the South Pacific’s campus in Vanuatu’s capital, Port Vila, turned their minds to the biggest issue faced by their home countries.

    While their communities were dealing with sea level rise and intense cyclones, there was an apparent international “deadlock” on climate change action, Houniuhi said.

    And each new report from the Intergovernmental Panel on Climate Change painted a bleak picture of their futures.

    “These things are real to us,” Hounhiuhi said. “And we cannot accept that . . .  fate in the IPCC report.

    “[We’re] not accepting that there’s nothing we can do.”

    Their lecturer tasked them with finding a legal avenue for action. He challenged them to be ambitious. And he told them to take it out of their classroom to their national leaders.

    So the students settled on an idea: Ask the World Court to issue an advisory opinion on the obligations of states to protect the climate against greenhouse gas emissions.

    “That’s what resonated to us,” Houniuhi, now president of Pacific Islands Students Fighting Climate Change, said.

    Ngadeli village in Temotu Province, Solomon Islands, is threatened by sea level rise.
    Students were motivated to take action after seeing how sea level rise had affected communities across the Pacific. Image: Britt Basel/RNZ Pacific

    They sent out letters to Pacific Island governments asking for support and Vanuatu’s then-Foreign Minister Ralph Regenvanu agreed to meet with the students.

    Vanuatu took up the cause and built a coalition of countries pushing the UN General Assembly to send the matter to its main judicial body, the International Court of Justice, for an advisory opinion.

    In March last year, they succeeded when the UN nations unanimously adopted the resolution to refer the case — a historic first for the UN General Assembly.

    World leaders, activists and other influential voices have gathered at UNHQ for the 78th session of the UN General Assembly.
    Speakers at the UN General Assembly hailed the decision to send the case to the International Court of Justice as a milestone in a decades-long struggle for climate justice. Image: X/@UN

    It was a decision celebrated with a parade on the streets of Port Vila.

    Australian National University professor in international law Dr Donald Rothwell said Pacific nations had already overcome their biggest challenge in building enough support for the case to be heard.

    “From the perspective of Vanuatu and the small island and other states who brought these proceedings, this is quite a momentous occasion, if only because these states rarely have appeared before the International Court of Justice,” he said.

    “This is the first occasion where they’ve really had the ability to raise these issues in the World Court, and that in itself will attract an enormous amount of global attention and raise awareness.”

    Dr Sue Farran, a professor of comparative law at Newcastle University in the United Kingdom, said getting the case before the ICJ was also part of achieving climate justice.

    “It’s recognition that certain peoples have suffered more than others as a result of climate change,” she said.

    “And justice means addressing wrongs where people have been harmed.”

    A game changer on climate?
    Nearly 100 countries will speak over two weeks of hearings — an unprecedented number, Professor Rothwell said.

    Each has only a short, 30-minute slot to make their argument.

    The court will decide on two questions: What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?

    And, what are the legal consequences for states that have caused significant harm to the climate and environment?

    Vanuatu will open the hearings with its testimony.

    Regenvanu, now Vanuatu’s special envoy on climate change, said the case was timely in light of the last COP meeting, where financial commitments from rich, polluting nations fell short of the mark for Pacific Islands that needed funding to deal with climate change.

    Ralph Regenvanu, leader of the opposition in Vanuatu.
    Vanuatu’s climate change envoy Ralph Regenvanu said the ICJ case was about climate justice. Image: Hilaire Bule/RNZ Pacific

    For a nation hit with three cyclones last year — and where natural disaster-struck schools have spent months teaching primary students in hot UNICEF tents – the stakes are high in climate negotiations.

    “We just graduated from being a least-developed country a few years ago,” Regenvanu said.

    “We don’t have the financial capacity to build back better, build back quicker, respond and recover quicker.

    “We need the resources that other countries were able to attain and become rich through fossil fuel development that caused this crisis we are now facing.

    “That’s why we’re appearing before the ICJ. We want justice in terms of allowing us to have the same capacity to respond quickly after catastrophic events.”

    He said the advisory opinion would stop unnecessary debates that bog down climate negotiations, by offering legal clarity on the obligations of states on climate change.

    Cyclone Lola damage West Ambrym, on Ambrym island in Vanuatu
    Three cyclones struck Vanuatu in 2023, including Tropical Cyclone Lola, which damaged buildings on Ambrym Island. Image: Sam Tasso/RNZ Pacific

    It will also help define controversial terms, such as “climate finance” — which developing nations argue should not include loans.

    And while the court’s advisory opinion will be non-binding, it also has the potential to influence climate change litigation around the world.

    Dr Rothwell said much would depend on how the court answered the case’s second question – on the consequences for states that failed to take climate action.

    He said an opinion that favoured small island nations, like in the Pacific Islands, would let them pursue legal action with more certainty.

    “That could possibly open up a battleground for major international litigation into the future, subject to how the [International Court of Justice] answers that question,” he said.

    Regenvanu said Vanuatu was already looking at options it could take once the court issues its advisory opinion.

    “Basically all options are on the table from litigation on one extreme, to much clearer negotiation tactics, based on what the advisory opinion says, at the forthcoming couple of COPs.”

    ‘This is hope’
    Vanuatu brought the case to the ICJ with the support of a core group of 18 countries, including New Zealand, Germany, Bangladesh and Singapore.

    Australia, which co-sponsored the UN resolution sending the case to the ICJ, will also speak at today’s hearings.

    “Many will be watching closely, but Vanuatu will be watching more closely than anyone, having led this process,” Dr Morgan said.

    A Department of Foreign Affairs and Trade spokesperson said Australia had engaged consistently with the court proceedings, reflecting its support for the Pacific’s commitment to strengthening global climate action.

    Some countries have expressed misgivings about taking the case to the ICJ.

    The United States’ representative at the General Assembly last year argued diplomacy was a better way to address climate change.

    And over the two weeks of court hearings this month, it’s expected nations contributing most to greenhouse gases will argue for a narrow reading of their responsibilities to address climate change under international law — one that minimises their obligations.

    Other nations will argue that human rights laws and other international agreements — like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights — give these nations larger obligations to prevent climate change.

    Professor Rothwell said it was hard to predict what conclusion the World Court would reach — and he expected the advisory opinion would not arrive until as late as October next year.

    “When we’re looking at 15 judges, when we’re looking at a wide range of legal treaties and conventions upon which the court is being asked to address these questions, it’s really difficult to speculate at this point,” he said.

    “We’ll very much just have to wait and see what the outcome is.”

    There’s the chance the judges will be split, or they will not issue a strong advisory opinion.

    But Regenvanu is drawing hope from a recent finding in a similar case at the International Tribunal of the Law of the Sea, which found countries are obliged to protect the oceans from climate change impacts.

    “It’s given us a great deal of validation that what we will get out of the ICJ will be favourable,” he said.

    For Houniuhi, the long journey from the Port Vila classroom five years ago is about to lead finally to the Peace Palace in The Hague, where the ICJ will have its hearings.

    Houniuhi said the case would let her and her fellow students have their experiences of climate change reflected at the highest level.

    But for her, the court case has another important role.

    “This is hope for our people.”

    Republished from ABC Pacific with permission and RNZ Pacific under a community partnership.

    This post was originally published on Asia Pacific Report.

  • Kanak pro-independence leader Christian Téin to remain in mainland French jail

    By Patrick Decloitre, RNZ Pacific correspondent French Pacific desk

    Pro-independence Kanak leader Christian Téin will remain in a mainland French jail for the time being, a Court of Appeal has ruled in Nouméa.

    This followed an earlier ruling on October 22 from the Court of Cassation, which is tasked to rule on possible procedural mistakes in earlier judgments.

    The Court of Cassation found some flaws in the procedure that justified the case being heard again by a Court of Appeal.

    Téin’s lawyer, Pierre Ortet, confirmed his client’s detention in a mainland prison (Mulhouse jail, north-eastern France) has been maintained as a result of the latest Court of Appeal hearing behind closed doors in Nouméa on Friday.

    But he also told local media he now intends to bring the case to the European Court of Human Rights, as well as United Nations’ human rights mechanisms — especially on the circumstances that surrounded Téin’s transfer to France on 23 June 2024 on board a specially-chartered plane four days after his arrest in Nouméa on June 19.

    Nouméa Public Prosecutor Yves Dupas told local media in an interview on Friday that in this case the next step should happen “some time in January”, when a criminal chamber of the Court of Cassation is expected to deliver another ruling.

    Reacting to recent comments made by pro-independence party Union Calédonienne, which maintains Téin is a political prisoner, Dupas said Téin and others facing similar charges “are still presumed innocent”, but “are not political prisoners, they have not been held in relation to a political motive”.

    Alleged crimes
    The alleged crimes, he said, were “crimes and delicts related to organised crime”.

    The seven charges include complicity as part of murder attempts, theft involving the use of weapons and conspiracy in view of the preparation of acts of organised crimes.

    Téin’s defence maintains it was never his client’s intention to commit such crimes.

    Christian Téin is the head of a “Field Action Coordinating Cell” (CCAT), a group created late in 2023 by the largest and oldest pro-independence party Union Calédonienne.

    From October 2023 onward, the CCAT organised marches and demonstrations that later degenerated — starting May 13 — into insurrectional riots, arson and looting, causing 13 deaths and an estimated 2.2 billion euros (NZ$3.9 billion) in material damage, mainly in the Greater Nouméa area.

    “The judicial inquiry aims at establishing every responsibility, especially at the level of ‘order givers’,” Dupas told local Radio Rythme Bleu on Friday.

    He confirmed six persons were still being detained in several jails of mainland France, including Téin.

    3 released under ‘judicial control’
    Three others have been released under judiciary control with an obligation to remain in mainland France.

    “You see, the manifestation of truth requires time. Justice requires serenity, it’s very important”, he commented.

    Late August, Téin was also chosen as president of the pro-independence umbrella FLNKS at its congress.

    The August 2024 Congress was also marked by the non-attendance of two other main pillars of the movement, UPM and PALIKA, which have since confirmed their intention to distance themselves from FLNKS.

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


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

    This post was originally published on Radio Free.

  • West Papua: Once was Papuan Independence Day, now facing ‘ecocide’, transmigration

    On Papuan Independence Day, the focus is on discussing protests against Indonesia’s transmigration programme, environmental destruction, militarisation, and the struggle for self-determination. Te Aniwaniwa Paterson reports.

    By Te Aniwaniwa Paterson of Te Ao Māori News

    On 1 December 1961, West Papua’s national flag, known as the Morning Star, was raised for the first time as a declaration of West Papua’s independence from the Netherlands.

    Sixty-three years later, West Papua is claimed by and occupied by Indonesia, which has banned the flag, which still carries aspirations for self-determination and liberation.

    The flag continues to be raised globally on December 1 each year on what is still called “Papuan Independence Day”.

    Region-wide protests
    Protests have been building in West Papua since the new Indonesian President Prabowo Subianto announced the revival of the Transmigration Programme to West Papua.

    This was declared a day after he came to power on October 21 and confirmed fears from West Papuans about Prabowo’s rise to power.

    This is because Prabowo is a former general known for a trail of allegations of war crimes and human rights abuses in West Papua and East Timor to his name.

    Transmigration’s role
    The transmigration programme began before Indonesia gained independence from the Dutch colonial government, intended to reduce “overcrowding” in Java and to provide a workforce for plantations in Sumatra.

    After independence ended and under Indonesian rule, the programme expanded and in 1969 transmigration to West Papua was started.

    This was also the year of the controversial “Act of Free Choice” where a small group of Papuans were coerced by Indonesia into a unanimous vote against their independence.

    In 2001 the state-backed transmigration programme ended but, by then, over three-quarters of a million Indonesians had been relocated to West Papua. Although the official transmigration stopped, migration of Indonesians continued via agriculture and development projects.

    Indonesia has also said transmigration helps with cultural exchange to unite the West Papuans so they are one nation — “Indonesian”.

    West Papuan human rights activist Rosa Moiwend said in the 1980s that Indonesians used the language of “humanising West Papuans” through erasing their indigenous identity.

    “It’s a racist kind of thing because they think West Papuans were not fully human,” Moiwend said.

    Pathway to environmental destruction
    Papuans believe this was to dilute the Indigenous Melanesian population, and to secure the control of their natural resources, to conduct mining, oil and gas extraction and deforestation.

    This is because in the past the transmigration programme was tied to agricultural settlements where, following the deforestation of conservation forests, Indonesian migrants worked on agricultural projects such as rice fields and palm oil plantations.

    Octo Mote is the vice-president of the United Liberation Movement for West Papua (ULMWP). Earlier this year Te Ao Māori News interviewed Mote on the “ecocide and genocide” and the history of how Indonesia gained power over West Papua.

    The ecology in West Papua was being damaged by mining, deforestation, and oil and gas extraction, he said. Mote said Indonesia wanted to “wipe them from the land and control their natural resources”.

    He emphasised that defending West Papua meant defending the world, because New Guinea had the third-largest rainforest after the Amazon and Congo and was crucial for climate change mitigation as they sequester and store carbon.

    Concerns grow over militarisation
    Moiwend said the other concern right now was the National Strategic Project which developed projects to focus on Indonesian self-sufficiency in food and energy.

    Merauke Integrated Food and Energy Estate (MIFEE) started in 2011, so isn’t a new project, but it has failed to deliver many times and was described by Global Atlas of Environmental Justice as a “textbook land grab”.

    The mega-project includes the deforestation of a million hectares for rice fields and an additional 600,000 hectares for sugar cane plantations that will be used to make bioethanol.

    The project is managed by the Ministry of Defense and the Ministry of Agriculture, and the private company, Jhonlin Group, owned by Haji Andi Syamsuddin Arsyad. Ironically, given the project has been promoted to address climate issues, Arsyad is a coal magnate, a primary industry responsible for man-made climate change.

    Recently, the Indonesian government announced the deployment of five military battalions to the project site.

    Conservation news website Mongabay reported that the villages in the project site had a population of 3000 people whereas a battalion consisted of usually 1000 soldiers, which meant there would be more soldiers than locals and the villagers said it felt as if their home would be turned into a “war zone”.

    Merauke is where Moiwend’s village is and many of her cousins and family are protesting and, although there haven’t been any incidents yet, with increased militarisation she feared for the lives of her family as the Indonesian military had killed civilians in the past.

    Destruction of spiritual ancestors
    The destruction of the environment was also the killing of their dema (spiritual ancestors), she said.

    The dema represented and protected different components of nature, with a dema for fish, the sago palm, and the coconut tree.

    Traditionally when planting taro, kumara or yam, they chanted and sang for the dema of those plants to ensure an abundant harvest.

    Moiwend said they connected to their identity through calling on the name of the dema that was their totem.

    She said her totem was the coconut and when she needed healing she would find a coconut tree, drink coconut water, and call to the dema for help.

    There were places where the dema lived that humans were not meant to enter but many sacred forests had been deforested.

    She said the Indonesians had destroyed their food sources, their connection to their spirituality as well destroying their humanity.

    “Anim Ha means the great human being,” she said, “to become a great human being you have to have a certain quality of life, and one quality of life is the connection to your dema, your spiritual realm.”

    Te Aniwaniwa Paterson is a digital producer for Te Ao Māori News. Republished with permission.

    Raising the West Papuan Morning Star flag in Tamaki Makaurau in 2023
    Raising the West Papuan Morning Star flag in Tāmaki Makaurau in 2023. Image: Te Ao Māori News

    This post was originally published on Asia Pacific Report.

  • Protesters condemn Fiji ‘complicity, silence’ over Israel’s Gaza genocide

    Asia Pacific Report

    A Fiji solidarity group for the Palestinians has accused the Rabuka-led coalition government of “complicity” in Israel’s genocide and relentless war in Gaza that has killed more than 44,000 people — mostly women and children — over the past year.

    The Fijians4Palestine have called on the Fiji government to “uphold the principles of peace, justice, and human rights that our nation cherishes”.

    “We urge our leaders to use their diplomatic channels to advocate for a peaceful resolution to the conflict, to support international efforts in providing humanitarian aid to the affected regions, and to publicly express solidarity with the Palestinian people, reflecting the sentiments of many Fijians,” the movement said in a statement  marking the UN International Day of Solidarity with the Palestinian People.

    The group said it was “ashamed that the Fiji government continues to vote for the genocide and occupation of Palestinians”.

    It said that it expected the Fiji government to enforce arrest warrants issued by the International Criminal Court (ICC) for Israeli Prime Minister Benjamin Netanyahu and Israel’s former defence minister Yoav Gallant for alleged war crimes and crimes against humanity in the Gaza Strip.

    The Fijians4Palestine group’s statement said:

    It has been over one year since Israel began its genocide against Palestinians in Gaza.

    Over the past year, Israeli attacks have killed more than 44,000 Palestinians living in Gaza, equal to 1 out of every 55 people living there.

    At least 16,756 children have been killed, the highest number of children recorded in a single year of conflict over the past two decades. More than 17,000 children have lost one or both parents.

    At least 97,303 people are injured in Gaza — equal to one in 23 people.

    According to the United Nations Relief and Works Agency for Palestine Refugees, every day 10 children lose one or both legs, with operations and amputations conducted with little or no anaesthesia due to Israel’s ongoing siege.

    In addition to the killed and injured, more than 10,000 people are feared buried under the rubble.

    A Fiji protester with a "Your silence kills" placard
    A Fiji protester with a “Your silence kills” placard rebuking the Fiji government for its stance on Israeli’s war on Gaza. Image: FWCC

    With few tools to remove rubble and rescue those trapped beneath concrete, volunteers and civil defence workers rely on their bare hands.

    We, the #Fijians4Palestine Solidarity Network join the global voices demanding a permanent ceasefire and an end to the violence. We express our unwavering solidarity with the Palestinian people.

    The Palestinian struggle is not just a regional issue; it is a testament to the resilience of a people who, despite facing impossible odds, continue to fight for their right to exist, freedom, and dignity. Their struggle resonates with all who believe in justice, equality, and the fundamental rights of every human being.

    Families torn apart
    The images of destruction, the stories of families torn apart, and the cries of children caught in the crossfire are heart-wrenching. These are not mere statistics or distant news stories; these are real people with hopes, dreams, and aspirations, much like us.

    As Fijians, we have always prided ourselves on our commitment to peace, unity, and humanity. Our rich cultural heritage and shared values teach us the importance of standing up for what is right, even when it is not popular or convenient.

    Today, we stand in solidarity with the Palestinian people, not out of political allegiance but out of a shared belief in humanity, justice, and the inalienable human rights of every individual.

    We unequivocally condemn the State of Israel for its actions that amount to war crimes, genocide, and apartheid against the Palestinian people. The deliberate targeting of civilians, the disproportionate use of force, and the destruction of essential infrastructure, including hospitals and schools, are in clear violation of international humanitarian law.

    The intent to destroy, in whole or in part, a national, ethnic, racial, or religious group is evident. The continuous displacement of Palestinians, the destruction of their homes, and the systematic erasure of their history and culture are indicative of genocidal intent.

    The State of Israel’s policies in the West Bank and Gaza Strip, characterised by racial segregation, discrimination, and domination, amount to apartheid as defined under international law.

    Oppressive regime
    The construction of settlements, the separation wall, and the system of checkpoints are manifestations of this oppressive regime. Palestinians are subjected to different laws, regulations, and treatments based on their ethnicity, clearly violating the principle of equality.

    We call upon the Fiji government to uphold the principles of peace, justice, and human rights that our nation cherishes. We urge our leaders to use their diplomatic channels to advocate for a peaceful resolution to the conflict, to support international efforts in providing humanitarian aid to the affected regions, and to publicly express solidarity with the Palestinian people, reflecting the sentiments of many Fijians.

    We are ashamed that the Fiji government continues to vote for the genocide and occupation of Palestinians. We expect our government to enforce arrest warrants issued by the International Criminal Court for Israeli Prime Minister Benjamin Netanyahu and Israel’s former defence minister Yoav Gallant for alleged war crimes and crimes against humanity in the Gaza Strip.

    The silence of the Fiji government is complicity, and history will not forgive their inaction.

    Our solidarity with the Palestinian people is a testament to our shared humanity. We believe in a world where diversity, is treated with dignity and respect. We dream of a future where children in Gaza can play without fear, where families can live without the shadow of war, and where the Palestinian people can finally enjoy the peace and freedom they so rightly deserve.

    There can be no peace without justice, and we stand in unity with all people and territories struggling for self-determination and freedom from occupation.

    The Pacific cannot be an Ocean of Peace without freedom and self determination in Palestine, West Papua, Kanaky and all oppressed territories.

    This post was originally published on Asia Pacific Report.

  • Tjibaou’s party unveils plan for New Caledonia’s future ‘independence’

    By Patrick Decloitre, RNZ Pacific correspondent French Pacific desk

    New Caledonia’s largest pro-independence party, the Union Calédonienne (UC), has unveiled the main outcome of its congress last weekend, including its plans for the French Pacific territory’s political future.

    Speaking at a news conference on Thursday in Nouméa, the party’s newly-elected executive bureau, now headed by Emmanuel Tjibaou, debriefed the media about the main resolutions made during its congress.

    One of the motions was specifically concerning a timeframe for New Caledonia’s road to independence.

    Tjibaou said UC now envisaged that one of the milestones on this road to sovereignty would be the signing of a “Kanaky Agreement”, at the latest on 24 September 2025 — a highly symbolic date as this was the day of France’s annexation of New Caledonia in 1853.

    ‘Kanaky Agreement’ by 24 September 2025?
    This, he said, would mark the beginning of a five-year “transition period” from “2025 to 2030” that would be concluded by New Caledonia becoming fully sovereign under a status yet to be defined.

    Several wordings have recently been advanced by stakeholders from around the political spectrum.

    Depending on the pro-independence and pro-France sympathies, these have varied from “shared sovereignty”, “independence in partnership”, “independence-association” and, more recently, from the also divided pro-France loyalists camp, an “internal federalism” (Le Rassemblement-LR party) or a “territorial federation” (Les Loyalistes).

    Charismatic pro-independence leader Jean-Marie Tjibaou, Emmanuel’s father who was assassinated in 1989, was known for being an advocate of a relativist approach to the term “independence”, to which he usually preferred to adjunct the pragmatic term “inter-dependence”.

    Jean Marie Tjibaou
    Founding FLNKS leader Jean Marie Tjibaou in Kanaky New Caledonia in 1985 . . . assassinated four years later. Image: David Robie/Café Pacific

    Negotiations between all political parties and the French State are expected to begin in the next few weeks.

    The talks (between pro-independence, anti-independence parties and the French State) are scheduled in such a way that all parties manage to reach a comprehensive and inclusive political agreement no later than March 2025.

    The talks had completely stalled after the pro-indeoendence riots broke out on 13 May 2024.

    Over the past three years, following three referendums (2018, 2020, 2021, the latter being strongly challenged by the pro-independence side) on the question of independence (all yielding a majority in favour of New Caledonia remaining part of France), there had been several attempts to hold inclusive talks in order to discuss New Caledonia’s political future.

    But UC and other parties (including pro-France and pro-independence) did not manage to sit at the same table.

    Speaking to journalists, Emmanuel Tjibaou confirmed that under its new leadership, UC was now willing to return to the negotiating table.

    He said “May 13 has stopped our advances in those exchanges” but “now is the time to build the road to full sovereignty”.

    Back to the negotiating table
    In the footsteps of those expected negotiations, heavy campaigning will follow to prepare for crucial provincial elections to be held no later than November 2025.

    The five years of “transition” (2025-2030), would be used to transfer the remaining “regal” powers from France as well as putting in place “a political, financial and international” framework, accompanied by the French State, Tjibaou elaborated.

    And after the transitional period, UC’s president said a new phase of talks could start to put in place what he terms “interdependence conventions on some of the ‘regal’ — main — powers” (defence, law and order, foreign affairs, currency).

    Tjibaou said this project could resemble a sort of independence in partnership, a “shared sovereignty”, a concept that was strongly suggested early November 2024 by visiting French Senate President Gérard Larcher.

    But Tjibaou said there was a difference in the sense that those discussions on sharing would only take place once all the powers have been transferred from France.

    “You can only share sovereignty if you have obtained it first”, he told local media.

    One of the other resolutions from its congress held last weekend in the small village of Mia (Canala) was to reiterate its call to liberate Christian Téin, appointed president of the FLNKS (Kanak Socialist National Liberation Front) in absentia late August, even though he is currently imprisoned in Mulhouse (north-east of France) pending his trial.

    Allegations over May riots
    He is alleged to have been involved in the organisation of the demonstrations that degenerated into the May 13 riots, arson, looting and a deadly toll of 13 people, several hundred injured and material damage estimated at some 2.2 billion euros (NZ$3.9 billion).

    Tjibaou also said that within a currently divided pro-independence movement, he hoped that a reunification process and “clarification” would be possible with other components of FLNKS, namely the Progressist Union in Melanesia (UPM) and the Kanak Liberation Party (PALIKA).

    Since August 2024, both UPM and PALIKA have de facto withdrawn with FLNKS’s political bureau, saying they no longer recognised themselves in the way the movement had radicalised.

    In 1988, after half a decade of a quasi civil war, Jean-Marie Tjibaou signed the Matignon-Oudinot agreements with New Caledonia’s pro-France and anti-independence leader Jacques Lafleur.

    The third signatory was the French State.

    One year later, in 1989, Tjibaou was shot dead by a hard-line pro-independence militant.

    His son Emmanuel was aged 13 at the time.

    ‘Common destiny’
    In 1998, a new agreement, the Nouméa Accord, was signed, with a focus on increased autonomy, the notions of “common destiny” and a local “citizenship” and a gradual transfer of powers from France.

    After the three referendums held between 2018 and 2021, the Nouméa Accord prescribed that if there had been three referendums rejecting independence, then political stakeholders should “meet to examine the situation thus generated”.

    On Thursday, Union Calédonienne also stressed that the Nouméa Accord remained the founding document of all future political discussions.

    “We are sticking to the Nouméa Accord because it is this document that brings us to the elements of accession to sovereignty”.

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

    This post was originally published on Asia Pacific Report.

  • Gallery: Palestinian musicians, poets and solidarity partners in vibrant celebration

    Asia Pacific Report

    Palestinian diaspora poets, singers and musicians gathered today with solidarity partners from Aotearoa New Zealand, African nations — including South Africa — in a vibrant celebration.

    The celebration marked the UN International Day of Solidarity with the Palestinian People and similar events have been happening around New Zealand today, across the world and over the weekend.

    Images by David Robie of Asia Pacific Report.

    UN International Day of Solidarity with the Palestinian People
    1 of 15
    1 UN Palestinian Solidarity Day at Fickling Cultural Centre. Image: David Robie /APR
    2. UN Solidarity Day . . . Palestinian introductions. Image: David Robie/APR
    3. UN Solidarity Day . . . more introductions. Image: David Robie/APR
    4. UN Solidarity Day . . . support from Africa. Image: David Robie/APR
    5. UN Solidarity Day . . . Angi Taulua from Tonga. Image: David Robie/APR
    6. UN Solidarity Day . . . South Africa and Palestine’s destiny intertwined. Image: David Robie/APR
    7. UN Solidarity Day . . . South Africa and the Bo-Kaap murals for Palestine. Image: David Robie/APR
    8. UN Solidarity Day . . . ethnicities ensemble. Image: David Robie/APR
    9. UN Solidarity Day . . . message from a midwifery researcher. Image: David Robie/APR
    10. UN Solidarity Day . . . an attentive audience. Image: David Robie/APR
    11. UN Solidarity Day . . . beautiful singing. Image: David Robie/APR
    12. UN Solidarity Day . . . Maher Nazzal, Janfrie Wakim and part of the audience. Image: David Robie/APR
    13. UN Solidarity Day . . . Kia Ora Gaza’s Roger Fowler sings “Palestine”.
    14. UN Solidarity Day . . . Bo-Kaap “Murals for Gaza” in Cape Town, South Africa. Image: David Robie/APR
    15. UN Solidarity Day . . . Bo-Kaap – “Peace for Palestine”. Image: David Robie/APR


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

    This post was originally published on Radio Free.

  • Open letter plea by NZ community broadcaster for end to Israel’s ‘sadistic cruelty’ in Gaza

    Pacific Media Watch

    A community broadcaster in Aotearoa New Zealand has appealed for an end to the “sadistic cruelty” and the “out in the open genocide” by Israel in Gaza and the occupied Palestine territories.

    In an open letter, Lois Griffiths, co-presenter of the environmental, social justice and current affairs programme Earthwise on Plains FM, has criticised the “injustices imposed by colonialism” and has cited Bethlehem Lutheran pastor Munther Isaac in saying “Gaza today has become the moral compass of the world”.

    Her letter is published by Asia Pacific Report to mark the UN International Day of Solidarity with the Palestinian People.

    The open letter by Griffiths says:

    K Gurunathan’s article “Sparks fly as political tinder of Māori anger builds” (The Press and The Post, November 25) argues that the injustices imposed by colonialism, including the “systematic confiscation of Māori land”, leading to poverty and cultural alienation are factors behind the anger expressed by the recent Hīkoi.

    We need to learn Aotearoa New Zealand history.

    One needs to learn history in order to understand the present.

    But we need to learn world history too.

    Coincidentally, I am in the middle of reading Israeli journalist Gideon Levy’s most recent book The Killing of Gaza: reports on a catastrophe.

    Levy has been there many times, reporting first hand about the sadistic cruelty imposed on its people, a cruelty that began in 1948.

    He explains that Hamas promotes armed resistance as a last resort. Any other approach has been ignored

    The Israeli regime is being accused now of war crimes. But war crimes have been going on for decades.

    But it sickens me to even think of what is happening now. It is genocide, genocide out in the open.

    In the words of Bethlehem Lutheran pastor Munther Isaac: “Gaza today has become the moral compass of the world.”

    This post was originally published on Asia Pacific Report.

  • Peters urges France to keep ‘open mind’ on new path for New Caledonia

    By Russell Palmer, RNZ News political reporter

    New Zealand’s Foreign Minister Winston Peters has used a speech in Paris to urge France to keep an open mind about a new path forward for New Caledonia.

    He also wants to deepen New Zealand’s relationship with France, and wants a stronger focus from the European country on the Pacific.

    Titled “The Path Less Travelled” in a nod to American poet Robert Frost, the half-hour speech was delivered to the French Institute of International Relations to an audience that included dignitaries from the government and the diplomatic corps.

    Peters highlighted geopolitical trends: a shift in countries’ focus from rules to power, from economics to security and defence, and from economic efficiencies to resilience and sustainability.

    “These shifts present challenges for a small trade-dependent country like New Zealand. Some of these challenges are familiar, but others, those mostly driven by technology, are new,” Peters said.

    After speaking about the value of free trade agreements — highlighted by New Zealand’s recent FTA with the European Union — he raised the spectre of security flashpoints, including the South China Sea and Taiwan Strait.

    “We are also deeply concerned by North Korea’s evolving nuclear capability and ambition. Those concerns are heightened by its supply of troops to Russia’s illegal invasion of Ukraine, another flagrant breach of international law and UN resolutions.”

    ‘Relentless securitisation of the Pacific’
    “The relentless securitisation of the Pacific and a breakdown in long-standing cooperation norms in Antarctica mean New Zealand cannot stay out of the way of geopolitics.”

    He pointed to New Zealand’s foreign policy agenda, including a focus on South East Asia and India, neighbours in the Pacific, tackling multi-country problems through multilateral discussion, setting up new multilateral groupings to navigate “impasses or blockages”, and promoting the coalition’s goal of boosting export values through diplomacy.

    “To achieve this ambitious agenda, we knew we needed to give more energy, more urgency, and a sharper focus to three inter-connected lines of effort: Investing in our relationships, growing our prosperity, and strengthening our security.

    He urged France to deepen the relationship with New Zealand, helping advance Pacific priorities and protecting the international rules-based order, drawing on France’s interest and involvement in the region, as well as its diplomatic, development, military and humanitarian supports.

    “As a country, we’ve got the tools to make a big impact . . . Pacific regionalism sits at the core of New Zealand’s Pacific approach … but New Zealand cannot meet these needs alone,” he said.

    “We will increasingly look to cooperate with our traditional partners like France and other close partners who share our values and interests. We want to deepen our cooperation with France to advance Pacific priorities, to strengthen existing regional architecture, to protect the international rules-based order, and to ensure the prosperity of future Pacific generations.”

    If the French needed encouragement, Peters pointed to the shared values that underpin the partnership, saying the two countries “share the same democratic pulse”, saying the fraternité — brotherhood — of France’s motto evoked a sense of moral obligation for governments “to protect all of their their citizens and provide them with the conditions to prosper”.

    New Caledonia at ‘turning point’
    Peters soon turned to the deadly riots in New Caledonia, saying New Zealand welcomed the efforts to restore security and help get foreigners including New Zealanders out.

    The agreements between Paris and Nouméa in the 1980s and 1990s, he said, represented the road less travelled, “one where France and New Caledonia walked together”.

    “But now, in 2024, that road has become overgrown and blocked by choices already made and actions already taken.”

    The archipelago remains in something of a standoff after the riots that broke out in May over calls for independence.

    France retains control of the military, but Fiji’s Prime Minister Sitiveni Rabuka — after a long-delayed visit alongside his Cook Islands and Tonga and the Solomon Islands Foreign Minister — this month offered to deploy a peacekeeping force under the Pacific Policing Initiative.

    Peters urged France to think carefully about its next steps, and keep an open mind about the path forward.

    “That in Nouméa and Paris, the key to restore the spirit of earlier understandings is for all parties to have open minds about their next crucial choice, about a new path forward, because France and the people of New Caledonia stand at a new turning point,” he said.

    “Rather than dwell on old questions, we think there is an opening for everyone who cares about New Caledonia to use our imaginations to think of a new question.

    “There are all sorts of constitutional models out there, including across the Pacific. For instance, New Zealand has learned from its experience of having different types of constitutional relationships with realm countries — the Cook Islands, Niue, and Tokelau.

    “Our realm relationships are stable and mutually beneficial, so enduring, and the constitutional mechanisms provide for maximum self-determination while ensuring that New Zealand’s security and defence interests remain protected.”

    Peters said New Zealand deeply respected France’s role in the region, “and we are in no doubt that the economic might of France is essential to reestablishing a vibrant New Caledonian economy”.

    “We stand ready to help in any way we can, and we trust France appreciates . . .  ‘there is nothing better than the encouragement of a good friend’, because that is the animating spirit behind our words today.”

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

    This post was originally published on Asia Pacific Report.

  • Mixed reactions to Tjibaou’s election to key Kanak pro-independence party

    By Patrick Decloitre, RNZ Pacific correspondent French Pacific desk

    The election of Emmanuel Tjibaou as the new president of New Caledonia’s main pro-independence party, the Union Calédonienne (UC), has triggered a whole range of political reactions — mostly favourable, some more cautious.

    Within the pro-independence camp, the two main moderate parties UPM (Progressist Union in Melanesia) and PALIKA (Kanak Liberation Party), have reacted favourably, although they have recently distanced themselves from UC.

    UPM leader Victor Tutugoro hailed Tjibaou’s election while pointing out that it was “not easy” . . . “given the difficult circumstances”.

    “It’s courageous of him to take this responsibility,” he told public broadcaster NC la 1ère.

    “He is a man of dialogue, a pragmatic man.”

    PALIKA leader Jean-Pierre Djaïwé reacted similarly, saying Tjibaou “is well aware that the present situation is very difficult”.

    Both PALIKA and UPM hoped the new UC leadership could have the potential to pave the way for a reconciliation between all members of the Kanak Socialist National Liberation Front (FLNKS), which has been experiencing profound differences for the past few years.

    ‘Real generational change’
    On the pro-France (and therefore anti-independence) side, which is also divided, the moderate Calédonie Ensemble’s Philippe Michel saw in this new leadership a “real generational change” and noted that Tjibaou’s “appeasing” style could build new bridges between opposing sides of New Caledonia’s political spectrum.

    “We’ll have to leave him some time to put his mark on UC’s operating mode,” Michel said.

    “We all have to find our way back towards an agreement.”

    Over the past two years, attempts from France to have all parties reach an agreement that could potentially produce a document to succeed the 1998 Nouméa autonomy Accord have failed, partly because of UC’s refusal to attend discussions involving all parties around the same table.

    Pro-France Rassemblement-LR President Alcide Ponga said it was a big responsibility Tjibaou had on his shoulders in the coming months.

    “Because we have these negotiations coming on how to exit the Nouméa Accord.

    “I think it’s good that everyone comes back to the table — this is something New Caledonians are expecting.”

    ‘Wait and see’
    Gil Brial, vice-president of a more radical pro-France Les Loyalistes, had a “wait and see” approach.

    “We’re waiting now to see what motions UC has endorsed,” he said.

    “Because if it’s returning to negotiations with only one goal, of accessing independence, despite three referendums which rejected independence, it won’t make things any simpler.”

    Brial said he was well aware that UC’s newly-elected political bureau now included about half of “moderate” members, and the rest remained more radical.

    “We want to see which of these trends will take the lead, who will act as negotiators and for what goal.”

    UC has yet to publish the exact content of the motions adopted by its militants following its weekend congress.

    Les Loyalistes leader and Southern province President Sonia Backès also reacted to Tjibaou’s election, saying this was “expected”.

    Writing on social media, she expressed the hope that under its new leadership, UC would now “constructively return to the negotiating table”.

    She said her party’s approach was “wait and see, without any naivety”.

    Tjibaou’s first post-election comments
    Tjibaou told journalists: “Now we have to pull up our sleeves and also shed some light on what has transpired since the 13 May (insurrection riots).”

    He also placed a high priority on the upcoming political talks on New Caledonia’s institutional and political future.

    “We still need to map out a framework and scope — what negotiations, what framework, what contents for this new agreement everyone is calling for.

    “What we’ll be looking for is an agreement towards full emancipation and sovereignty. Based on this, we’ll have to build.”

    He elaborated on Monday by defining UC’s pro-independence intentions as “a basket of negotiations”.

    He, like his predecessor Daniel Goa, also placed a strong emphasis on the need for UC to take stock of past shortcomings (especially in relation to the younger generations) in order to “transform and move forward”.

    CCAT ‘an important tool’
    Asked about his perception of the role a UC-created “field action coordinating cell” (CCAT) has played in the May riots, Tjibaou said this remained “an important tool, especially to mobilise our militants on the ground”.

    “But [CCAT] objectives have to be well-defined at all times.

    “There is no political motion from UC that condones violence as a means to reach our goals.

    “If abuses have been committed, justice will take its course.”

    Emmanuel Tjibaou being interviewed by public broadcaster NC la 1ère in August 2024 – PHOTO screen shot NC la 1ère
    Emmanuel Tjibaou being interviewed by public broadcaster NC la 1ère in August 2024. Image: NC la 1ère screenshot/RNZ

    At its latest congress in August 2024 (which both UPM and PALIKA decided not to attend), the FLNKS appointed CCAT leader Christian Téin as its new president.

    Téin is in jail in Mulhouse in the north-east of France, following his arrest in June and pending his trial.

    In the newly-elected UC political bureau, the UC’s congress, which was held in the small village of Mia (near Canala, East Coast of the main island of Grande Terre) has maintained Téin as the party’s “commissar-general”.

    Tjibaou only candidate
    Tjibaou was the only candidate for the president’s position.

    His election on Sunday comes as UC’s former leader, Daniel Goa, 71, announced last week that he did not intend to seek another mandate, partly for health reasons, after leading the party for the past 12 years.

    Goa told militants this was a “heavy burden” his successor would now have to carry.

    He also said there was a need to work on political awareness and training for the younger generations.

    He said the heavy involvement of the youth in the recent riots, not necessarily within the UC’s political framework, was partly caused by “all these years during which we did not train (UC) political commissioners” on the ground.

    He told local media at the weekend this has been “completely neglected”, saying this was his mea culpa.

    After the riots started, there was a perception that calls for calm coming from UC and other political parties were no longer heeded and that, somehow, the whole insurrection had got out of control.

    The 48-year-old Tjibaou was also elected earlier this year as one of New Caledonia’s two representatives to the French National Assembly (Lower House in the French Parkiament).

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

    This post was originally published on Asia Pacific Report.

  • COP29: Pacific climate advocates decry outcome as ‘a catastrophic failure’

    RNZ Pacific

    The United Nations climate change summit COP29 has “once again ignored” the Pacific Islands, a group of regional climate advocacy organisations say.

    The Pacific Islands Climate Action Network (PICAN) said today that “the richest nations turned their backs on their legal and moral obligations” as the UN meeting in Baku, Azerbaijan, fell short of expectations.

    “This COP was framed as the ‘finance COP’, a critical moment to address the glaring gaps in climate finance and advance other key agenda items,” the group said.

    COP29 BAKU, 11-22 November 2024
    COP29 BAKU, 11-22 November 2024

    “However, not only did COP29 fail to deliver adequate finance, but progress also stalled on crucial issues like fossil fuel phase-out, Loss and Damage, and the Just Transition Work Plan.

    “The outcomes represent a catastrophic failure to meet the scale of the crisis, leaving vulnerable nations to face escalating risks with little support.”

    The UN meeting concluded with a new climate finance goal, with rich nations pledging a US$300 billion annual target by 2035 to the global fight against climate change.

    The figure was well short of what developing nations were asking for — more than US$1 trillion in assistance.

    ‘Failure of leadership’
    Campaigners and non-governmental organisations called it a “betrayal” and “a shameful failure of leadership”, forcing climate vulnerable nations, such as the Pacific Islands, “to accept a token financial pledge to prevent the collapse of negotiations”.

    PICAN said the pledged finance relied “heavily on loans rather than grants, pushing developing nations further into debt”.

    “Worse, this figure represents little more than the long-promised $100 billion target adjusted for inflation. It does not address the growing costs of adaptation, mitigation, and loss and damage faced by vulnerable nations.

    “In fact, it explicitly ignores any substantive decision to include loss and damage just acknowledging it.”

    Vanuatu Climate Action Network coordinator Trevor Williams said developed nations systematically dismantled the principles of equity enshrined in the Paris Agreement at COP29.

    “Their unwillingness to contribute sufficient finance, phase out fossil fuels, or strengthen their NDCs demonstrates a deliberate attempt to evade responsibility. COP29 has taught us that if optionality exists, developed countries will exploit it to stall progress.”

    Kiribati Climate Action Network’s Robert Karoro said the Baku COP was a failure on every front.

    ‘No meaningful phase out of fossil fuels’
    “Finance fell far short, Loss and Damage was weakened, and there was no meaningful commitment to phasing out fossil fuels,” he said.

    “Our communities cannot wait for empty promises to materialise-we need action that addresses the root causes of the crisis and supports our survival.”

    Tuvalu Climate Action Network’s executive director Richard Gokrun said the “outcome is personal”.

    “Every fraction of a degree in warming translates into lost lives, cultures and homelands. Yet, the calls of the Pacific and other vulnerable nations were silenced in Baku,” he said.

    “From the weakened Loss and Damage fund to the rollback on Just Transition principles, this COP has failed to deliver justice on any front.”

    PICAN’s regional director Rufino Varea described the outcome of the meeting as “a death sentence for millions”.

    He said the Pacific Islands have been clear that climate finance must be grants-based and responsive to the needs of frontline communities.

    “Instead, developed countries are handing us debt while dismantling the principles of equity and justice that the Paris Agreement was built on. This is a betrayal, plain and simple.”

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

    This post was originally published on Asia Pacific Report.

  • Protest photographer John Miller records Hīkoi mō te Tiriti with his historic lens 

    RNZ News

    For almost six decades photographer John Miller (Ngāpuhi) has been a protest photographer in Aotearoa New Zealand.

    From his first photographs of an anti-Vietnam War protest on Auckland’s Albert Street as a high school student in 1967, to Hīkoi mō te Tiriti last week, Miller has focused much of his work on the faces of dissent.

    He spoke of his experiences over the years in an interview broadcast today on RNZ’s Culture 101 programme with presenter Susana Lei’ataua.

    John Miller at RNZ with his camera
    John Miller at the RNZ studio with his Hīkoi camera. Image: Susana Lei’ataua/RNZ

    Miller joined Hīkoi mō te Tiriti at Waitangi Park in Pōneke Wellington last Tuesday, November 19, ahead of its final walk to Parliament’s grounds.

    “It was quite an incredible occasion, so many people,”  74-year-old Miller says.

    “Many more than 1975 and 2004. Also social media has a much more influential part to play in these sorts of events these days, and also drone technology . . .

    “I had to avoid one on the corner of Manners and Willis Streets flying around us as the Hīkoi was passing by.

    “We ended up running up Wakefield Street which is parallel to Courtenay Place to get ahead of the march and we joined the march at the Taranaki Street Manners Street intersection and we managed to get in front of it.”

    Comparing Hīkoi mō te Tiriti with his experience of the 1975 Māori Land March led by Dame Whina Cooper, Miller noted there were a lot more people involved.

    “During the 1975 Hīkoi the only flag that was in that march was the actual white land march flag — the Pou Whenua — no other flags at all. And there were no placards, no, nothing like that.”

    1975 Land march in Pōneke Wellington
    The 1975 Māori Land March in Pōneke Wellington. Image: © John M Miller
    Black and white image of Maori land rights activist Eva Rickard
    Māori land rights activist Tuaiwa Hautai “Eva” Rickard leads the occupation of Raglan Golf Course in February 1978. Image: © John M Miller
    1975 Land march
    The 1975 Māori Land March Image: © John M Miller

    There were more flags and placards in the Foreshore and Seabed March in 2004.

    “Of course, this time it was a veritable absolute forest of Tino Rangatira flags and the 1835 flag and many other flags,” Miller says.

    “Te Mana Motuhake o Tuhoe flags were there, even Palestinian flags of course, so it was a much more colourful occasion.”

    Tame Iti on the 1975 Land March
    Activist Tame Iti on the 1975 Māori Land March. Image: © John M Miller

    Miller tried to replicate photos he took in 1975 and 2004: “However this particular time I actually was under a technical disadvantage because one of my lenses stopped working and I had to shoot this whole event in Wellington using just a wide angle lens so that forced me to change my approach.”

    Miller and his daughter, Rere, were with the Hīkoi in front of the Beehive.

    “I had no idea that there were so many people sort of outside who couldn’t get in and I only realised afterwards when we saw the drone footage.”

    The Polynesian Panthers at a protest rally in the 1970s.
    The Polynesian Panthers at a protest rally in the 1970s. Image: © John M Miller

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

    This post was originally published on Asia Pacific Report.

  • Sanders praises arrest warrants for Israeli leaders and warns against ‘further barbarism’ over Gaza

    Asia Pacific Report

    Independent US Senator Bernie Sanders says he supports the International Criminal Court’s arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military commander Mohammed Deif, saying “all launched indiscriminate attacks against civilians and caused unimaginable human suffering”.

    “If the world does not uphold international law, we will descend into further barbarism,” he said in a post on X, alongside a longer statement.

    “I agree with the ICC,” Sanders added.

    His statement mirrored global reaction in favour of the ICC indictments in contrast to most US and Israeli politicians who condemned the global legal move to see accountability for the repeated and continuous Israeli atrocities in the besieged enclave Gaza.

    On Wednesday, Sanders sought to block US supplies of offensive weapons to Israel but his draft law was heavily defeated.

    The defendants are now internationally wanted suspects and ICC member states are under legal obligation to arrest them. Neither the US nor Israel recognise ICC jurisdiction.

    The court said it had issued arrest warrants for Netanyahu and Gallant for “crimes against humanity and war crimes committed from at least 8 October until at least 20 May, 2024” and which related to the use of starvation and the deliberate targeting of medical facilities.

    ‘Important precedent’
    Dr Francis Boyle, a professor of international law at the University of Illinois, called the ICC’s latest move a “very important precedent”.

    “In my opinion, if the ICC had prosecuted Israeli leaders after Operation Cast Lead . . .  maybe all of this could have been avoided, if prosecutions were initiated 15 years ago,” Boyle told Al Jazeera.

    Boyle said the Biden administration is guilty of “aiding and abetting Israeli war crimes, crimes against humanity, and outright genocide against the Palestinians”.

    He said this was a “far more serious genocide against the Palestinians in Gaza than was inflicted on the Bosnians,” referring to the timeframes of each genocide in comparison with the number of people killed.

    Israel is now “extending this to Lebanon, and it does appear the [occupied] West Bank is next in its sights,” Boyle said.

    “It’s a very serious situation.

    Israel ‘never respected rule of law’

    An international human rights lawyer, Michael Mansfield, described Israel is an “unjust state that has never respected the rule of law”.

    Israel was trying to “deflect responsibility” and its objective had been to destroy Gaza and make it “uninhabitable”, he said.

    Netanyahu would not end the war in Gaza, he said, until this objective was met.

    “If he ends the war, he is in trouble. He’s in trouble if he leaves the country … and if he stays in Israel . . . he’s awaiting prosecution there,” Mansfield said.

    The issuing of the ICC warrants “makes a difference to world opinion, because I don’t think that the regime in Israel have recognised the extent in which they are being isolated — morally isolated”, he said.

    This post was originally published on Asia Pacific Report.

  • ‘Wanted’ for war crimes over Gaza: Israel’s Netanyahu, Gallant face ICC arrest warrants

    Democracy Now!

    NERMEEN SHAIKH: In The Hague, the International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for crimes against humanity and war crimes committed during Israel’s assault on Gaza.

    In a statement, the ICC said the Israeli leaders had, “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

    The ICC also issued an arrest warrant for Hamas military commander Mohammed Deif, although Israel’s military claims it killed Deif in a July airstrike.

    The ICC arrest warrants come a week after a UN special committee found Israel’s actions in Gaza since October 2023 are, “consistent with genocide,” including using starvation as a weapon of war and recklessly inflicting civilian casualties.

    AMY GOODMAN: In related news, on Wednesday, the United States vetoed a Gaza ceasefire resolution at the UN Security Council for the fourth time, and the US Senate rejected a resolution brought by Senator Bernie Sanders that sought to block the sale of US tank rounds, bomb kits and other lethal weapons to Israel. Nineteen senators supported blocking the arms.

    For more on all of this, we’re joined by Akbar Shahid Ahmed, senior diplomatic correspondent for HuffPost. His latest piece is “Exclusive: White House Says Democrats Who Oppose Weapons to Israel Are Aiding Hamas.”

    Ahmed, thank you so much for being with us. As you write your book on the Biden administration in Gaza called Crossing the Red Line, clearly the ICC has ruled that today by issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu, as well as the former Defence Minister Yoav Gallant.

    Can you talk about the significance of this move?

    AKBAR SHAHID AHMED: Yeah, Amy. This is just an absolutely huge development, and it’s significant for a number of reasons. It’s significant because the ICC has come out and amplified and affirmed the allegations of crimes against humanity, of war crimes. This is one more international body.

    These are . . . international charges with a great deal of respect. This is a court that most of the world is a member of. And they’re coming out and saying, “Look, we think there are reasonable grounds to believe that these major international red lines have been crossed by the Israelis.”

    What’s really important to remember is that this isn’t just a decision about Israel. By extension, it fundamentally is a decision about the United States, which has been the ultimate enabler of Israel’s offensives in Gaza and Lebanon, which are under consideration by the ICC.

    And even in this ICC statement today, they point out that in the situations where Israel has addressed concerns over what it describes as starvation as a method of warfare — right? — depriving civilians, Palestinians, of food, water and medical equipment, Israel has really only done so in an extremely arbitrary and, what the ICC judges call, conditional way in response to the US. So, fundamentally, Amy, what we’re seeing is the ICC is saying yet again that Israel and the US, as its major enabler and backer, are in the dark and will continue to be in the dark for years to come.

    This kind of adds to a broader picture in which there are now ICC warrants for the sitting Israeli prime minister and former Defence Minister Yoav Gallant, who remains a significant politician in Israel. Simultaneously, there’s the genocide case at the ICJ, the International Court of Justice, which is ongoing and will be ongoing for years to come.

    And there’s the Geneva Conventions conference underway next year regarding kind of similar issues — right? — violations of international law, laws of war and the Israeli grave abuses that are alleged. So, the US and Israel will be kind of on trial on the international stage for years to come.


    ‘Wanted for war crimes in Gaza.’        Video: Democracy Now!

    NERMEEN SHAIKH: So, Akbar, would you say that this move is mostly a symbolic one? Because, as you pointed out, of course, most countries are members of the International Criminal Court, but in this instance, perhaps most importantly, neither Israel nor the US are.

    AKBAR SHAHID AHMED: Right, Nermeen. And that’s something that the ICC judges did get into today — right? — because Israel said, “Look, the International Criminal Court doesn’t have jurisdiction over us.” That said, the state of Palestine is a member of the court, and that’s why this becomes a relevant and interesting thing, because you’ve seen European nations recognise Palestine as a state. You’ve seen Palestine join the United Nations General Assembly over just last year.

    So, yes, while the US and Israel continue to reject international scrutiny by the ICC, by the ICJ, of Israel’s conduct in Gaza and the occupied West Bank and Lebanon, there’s a growing international push to kind of challenge that, right?

    And I think you will see the Biden administration and the incoming Trump administration assertively push back against the ICC. The Trump administration did actually target the ICC directly when President Trump was last in office, threatening to put sanctions on ICC officials. And we also know from reporting that the Israelis have spied on and threatened the ICC themselves, according to reporting by The Guardian. So, yes, there will be increased pressure.

    But I think we’re really in a place that no one thought we would be even a few months ago, right? I think even the prospect of the ICC prosecutor successfully getting these warrants issued, it was initially thought that would be quite quick. It’s taken a long time. The fact that judges were able to issue those warrants suggests that even though it’s an uphill battle to get this international scrutiny, there’s a real determination and clear will.

    And we’ve seen a lot of states turn around and say over 13 months, right? Since the October 7 attack by Hamas within Israel that did spark this current round of fighting, there have been calls to say, “We don’t want this to escalate,” right?

    The US’s allies, Western countries have said, “We want to resolve this. We don’t want you on trial. Can the US and Israel please change course?” And what you’ve seen is a defiance from Tel Aviv and from Washington to say, “Actually, no, we’re continuing these wars.”

    So, that does take it to a different forum to kind of change the policy.

    NERMEEN SHAIKH: And, Akbar, could you also — while we’re looking at the way in which international organisations, multilateral ones, are responding to this, what about the latest vote at the Security Council and the fact that the US blocked it for the fourth time, a ceasefire vote?

    AKBAR SHAHID AHMED: It’s really striking at this point — right? — to see the Biden administration totally alone. And you see how this develops over the course of the war. Initially, the US was able to get Britain, even France, kind of abstaining, standing with them.

    And now, 13 months in, where conduct hasn’t changed, and you still have daily strikes that are killing dozens, sometimes over a hundred civilians, you have a mounting death toll of mostly women and children, the US is totally alone, where it’s shielding Israel on the world stage diplomatically.

    And this is really important to see in the context of the Biden administration as an outlier even among American presidents and administrations. When President Barack Obama was in office, after he was in the lame-duck period that Biden is in now, he actually did abstain at the UN Security Council and said, “You know what? Go ahead and pass a resolution that Israel doesn’t like,” because tacitly the US acknowledged there was a basis, there were credible grounds for that resolution, which in that instance was about Israeli settlement activity.

    Here, what you’re seeing from the Biden administration, even in their dying days — right? — two months to go, there’s an obstinacy, a defiance, and a real commitment to shielding Israel, even if they are totally alone against now their closest allies — Britain, France and everyone else on the Security Council.

    So, I think the context of that veto kind of presages whatever may come in the next two months in terms of the Biden administration allowing any UN scrutiny of the wars.

    AMY GOODMAN: Akbar, I want to play Palestine’s envoy to the United Nations, Majed Bamya, speaking yesterday.

    MAJED BAMYA: There is no right to mass killing of civilians. There is no right to starve an entire civilian population. There is no right to forcibly displace a people. And there is no right to annexation. This is what Israel is doing in Gaza. …

    Maybe for some, we have the wrong nationality, the wrong faith, the wrong skin color. But we are humans! And we should be treated as such. Is there a UN Charter for Israel that is different from the charter we all have? Tell us. Is there an international law for them, an international law for us? Do they have the right to kill, and the only right we have is to die?

    Republished under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States Licence.

    This post was originally published on Asia Pacific Report.

  • Kia kaha Lebanon: NZ media only tell half your story of struggle

    The United States has vetoed a UN Security Council ceasefire resolution — for the fourth time — in Israel’s war on Gaza, while Hezbollah demands a complete ceasefire and “protection of Lebanon’s sovereignty” in any deal with Israel. Amid the death and devastation, Joe Hendren reflects on his time in Lebanon and examines what the crisis means for a small country with a population size similar to Aotearoa New Zealand.

    SPECIAL REPORT: By Joe Hendren

    Since the Israeli invasion of Lebanon I can’t help but think of a friend I met in Beirut.

    He worked at the Regis Hotel, where I stayed in February 2015.

    At one point, he offered to make me a Syrian dish popular in his hometown of Aleppo. I have long remembered his kindness; I only wish I remembered his name.

    At the time, his home city was being destroyed. A flashpoint of the Syrian Civil War, the Battle of Aleppo lasted four long years. He didn’t mention this of course.

    I was lucky to visit Lebanon when I did. So much has happened since then.

    Economic crisis and a tragic port explosion
    Mass protests took over Lebanese streets in October 2019 in response to government plans to tax WhatsApp calls. The scope of the protests soon widened, as Lebanese people voiced their frustrations with ongoing economic turmoil and corruption.

    A few months later, the covid-19 pandemic arrived, deepening the economic crisis and claiming 10,000 lives.

    On 4 August 2020, the centre of Beirut was rocked by one of the largest non nuclear explosions in history when a large amount of ammonium nitrate stored at the Port of Beirut detonated. The explosion killed 218 people and left an estimated 300,000 homeless. The government of Hassin Diab resigned but continued in a “caretaker” capacity.

    Tens of thousands of protesters returned to the streets demanding accountability and the downfall of Lebanon’s political ruling class. While some protesters threw stones and other projectiles, an Al Jazeera investigation found that security forces violated international standards on the use of force. The political elite were protected.

    In 2021, The World Bank summarised the situation:

    “The Lebanon financial and economic crisis is likely to rank in the top 10, possibly top three, most severe crises episodes globally since the mid-nineteenth century. This is a conclusion of the Spring 2021 Lebanon Economic Monitor (LEM) in which the Lebanon crisis is contrasted with the most severe global crises episodes as observed by Reinhart and Rogoff (2014) over the 1857–2013 period.

    “In fact, Lebanon’s GDP plummeted from close to US$ 55 billion in 2018 to an estimated US$ 33 billion in 2020, with US$ GDP/capita falling by around 40 percent. Such a brutal and rapid contraction is usually associated with conflicts or wars.”

    The Lebanon Poverty and Equity Assessment, produced by the World Bank in 2024, found the share of individuals in Lebanon living under the poverty line more than tripled, rising from 12 percent to 44 percent. The depth and severity of poverty also increased over the decade between 2012 and 2022.

    To make matters worse, the port explosion destroyed Lebanon’s strategic wheat reserves at a time when the war in Ukraine drove significant increases in global food prices. Annual food inflation in Lebanon skyrocketed from 7.67 percent in January 2019 to a whopping 483.15 percent for the year ending in January 2022. While food inflation has since declined, it remains high, sitting just below 20 percent for the year ending September 2024. The World Bank said:

    “The sharp deterioration of the Lebanese pound, which lost 98 percent of its pre-crisis value by December 2023, propelled inflation to new heights. With imports constituting about 60 percent of the consumption basket (World Bank, 2022), the plunging currency led to triple-digit inflation which rose steeply from an annual average of 3 percent between 2011 and 2018, to 85 percent in 2019, 155 percent in 2020, and 221 percent in 2023 . . .

    “Faced with falling foreign exchange reserves, the government withdrew subsidies on medication, fuel, and wheat further fuelling rising costs of healthcare and transport (Figure 1.2). Rapid inflation acted effectively as a highly regressive tax, striking hardest at the poor and those with fixed, lira-denominated incomes.” 

    The ongoing crisis of the Lebanese economy has amplified the power of Hezbollah, a paramilitary group formed in 1982 in response to Israel’s invasion and occupation of Lebanon.

    “Hezbollah is famous for entrenching its power in an elaborate social infrastructure of Islamic welfare. The social grip of those structures and services is increased by the ongoing crisis of the Lebanese economy. When the medical service fails, desperate families turn to the Hezbollah-run health service,” says Adam Tooze

    As banks imposed capital controls, many Lebanese lost confidence in the financial system. The financial arm of Hezbollah, the al-Quad al-Hassan Association (AQAH), experienced a significant increase in clients, despite being subject to US Treasury sanctions since 2007.

    The US accuses Hezbollah of using AQAH as a front to manage its financial activities. When a 28-year-old engineer, Hassan Shoumar, was locked out of his dollar accounts in late 2019, he redirected his money into his account at AQAH: “What I care about is that when I want my money, I can get it.”

    While Hezbollah portrays itself as “the resistance”, as a member of the governing coalition in Lebanon, it also forms an influential part of the political elite. Adam Tooze gives an example of how the political elite is still looking after itself:

    “[T]he Lebanese Parliament in a grotesque act of self-dealing in January 2024 passed a budget that promised to close the budget deficit of 12.8 of GDP by raising regressive value-added tax while decreasing the progressive taxes levied on capital gains, real estate and investments.

    “For lack of reforms, the IMF [International Monetary Fund] is refusing to disburse any of the $3bn package that are allocated to Lebanon.”

    While the protest movement called for a “technocratic” government in Lebanon, the experiences of Greece and other countries facing financial difficulties suggest such governments can pose their own risks, especially when they involve unelected “experts” in prominent positions.

    One example is the political reaction to the counterproductive austerity programme imposed on Greece by the European Commission, European Central Bank and IMF in the aftermath of the 2007-2008 financial crisis. This demonstrates how the demands of international investors can conflict with the needs of the local population.

    Lebanon carries more than its fair share of refugees
    Lebanon currently hosts the largest number of refugees per capita in the world, despite its scarce resources. This began as an overflow from the Syrian conflict in 2011, with nearly 1.2 million ‘displaced’ Syrians in Lebanon registered with UNHCR by May 2015.

    When I visited Lebanon in 2015, I tried to grasp the scale of the refugee issue. In terms of population, Lebanon is comparable to New Zealand, with both countries having just over 5 million people.

    I imagined what New Zealand would be like if it attempted to host a million refugees in addition to its general population. Yet in terms of land area Lebanon is only 10,400 square kilometres — about the size of New Zealand’s Marlborough region at the top of the South Island.

    Now, imagine accommodating a population of over 5 million in such a small space, with more than a fifth of them being refugees.

    While it was encouraging to see New Zealand increase its refugee quota to 1500 places in July 2020, we could afford to do much more in the current situation. This includes creating additional visa pathways for those fleeing Gaza and Lebanon.

    On top of all that – Israeli attacks and illegal booby traps
    Since the Hamas attack on Israel on October 7, 2023, and the ongoing Israeli invasion of Gaza, Israel and Hezbollah have exchanged fire across Lebanon’s southern border.

    Israel makes much of the threat of rocket attacks on Israel from Hezbollah. However, data from US based non-profit organisation Armed Conflict Location and Event Data (ACLED) shows Israel carried out 81 percent of the 10,214 attacks between between the two parties from October 7, 2023, and September 20, 2024.

    These attacks resulted in 752 deaths in Lebanon, including 50 children. In contrast, Hezbollah’s attacks, largely centred on military targets, killed at least 33 Israelis.

    Hezbollah continues to offer an immediate ceasefire, so long as a ceasefire also applies to Gaza, but Israel has refused these terms.

    While the Israeli Defence Force (IDF) disputed these figures as an “oversimplification”, the IDF do not appear to dispute the reported number of Lebanese casualties. Hezbollah continues to offer an immediate ceasefire, so long as a ceasefire also applies to Gaza, but Israel has refused these terms.

    In a further escalation, thousands of handheld pagers and walkie-talkies used in both civilian and military contexts in Lebanon and Syria suddenly exploded on September 17 and 18.

    Israel attempted to deny responsibility, with Israeli President Isaac Herzog claiming he “rejects out of hand any connection” to the attack. However, 12 defence and intelligence officials, briefed on the attack, anonymously confirmed to The New York Times that Israel was behind the operation.

    Israeli Prime Minister Benjamin Netanyahu later boasted during a cabinet meeting that he had personally approved the pager attack. The New York Times described the aftermath:

    “Powered by just a few ounces of an explosive compound concealed within the devices, the blasts sent grown men flying off motorcycles and slamming into walls, according to witnesses and video footage. People out shopping fell to the ground, writhing in agony, smoke snaking from their pockets.”

    The exploding devices killed 42 people and injured more than 3500, with many victims losing one or both of their hands or eyes. At least four of the dead were children.

    Lebanese Prime Minister Najib Mikatri called the explosions “a serious violation of Lebanese sovereignty and a crime by all standards”.

    While around eight Hezbollah fighters were among the dead, most of those killed worked in administration roles and did not take part in hostilities. Under international humanitarian law targeting non-combatants is illegal.

    Additionally, the UN Protocol on Mines, Booby-Traps and Other Devices also prohibits the use of “booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material”. Israel is a signatory to this UN Protocol.

    Israel’s decision to turn ordinary consumer devices into illegal booby traps could backfire. While Israel frequently stresses the importance of its technology sector to its economy, who is going to buy technology associated with Israel now that the IDF have demonstrated its ability to indiscriminately weaponise consumer devices at any time?

    International industry buyers will source elsewhere. Such a “silent boycott” could give greater momentum to the call from Palestinian civil society for boycotts, divestments and economic sanctions against Israel.

    The booby trap pagers are also likely to affect the decisions of foreign airlines to service Israel on the grounds of safety. Since the war began in October 2023, the number of foreign airlines calling on Ben Gurion Airport in Israel has fallen significantly. Consequently, the cost of a round-trip ticket from the United States to Tel Aviv has risen sharply, from approximately $900 to $2500.

    Israel targets civilian infrastructure in Lebanon
    Israel has also targeted civilian organisations linked to Hezbollah, such emergency services, hospitals and medical centres operated by the Islamic Health Society (IHS). Israel claims Hezbollah is “using the IHS as a cover for terrorist activities”. This apparently includes digging people out of buildings, as search and rescue teams have also been targeted and killed.

    Israel accuses the microloan charity AQAH of funding “Hezbollah’s terror activities”, including purchasing weapons and making payments to Hezbollah fighters. On October 20, Israel attacked 30 branches of AQAH across Lebanon, drawing condemnation from both Amnesty International and the United Nations.

    Ben Saul, UN Special Rapporteur on Human Rights and Counter-terrorism maintains AQAH is not a lawful military target: “International humanitarian law does not permit attacks on the economic or financial infrastructure of an adversary, even if they indirectly sustain its military activities.”

    Where the author ate his Za’atar man’ousheh - Pigeon’s Rock, Corniche, Beiruit
    Where the author ate his Za’atar man’ousheh – Pigeon’s Rock, Corniche, Beiruit. Image: Joe Hendren

    On top of all that — an Israeli invasion
    In 1982, Israel attempted to use war to alter the political situation in Lebanon, with counterproductive results, including the creation of Hezbollah. In 2006, Hezbollah used the hilly terrain of southern Lebanon to beat Israel to a stalemate. Israel risks similar counterproductive outcomes again, at the cost of many more lives.

    Yet on 1 October 2024, Israel launched a ground invasion of Lebanon, alongside strikes on Beirut, Sidon and border villages. The IDF confirmed the action on Twitter/X, promising a “limited, localised and targeted” operation against “Hezbollah terrorist targets” in southern Lebanon. One US official noted that Israel had framed its 1982 invasion as a limited incursion, which eventually turned into an 18-year occupation.

    Israeli strikes have since expanded all over the country. According to figures provided by the Lebanese Ministry of Public Heath on November 13, Israel is responsible for the deaths of at least 3365 people in Lebanon, including 216 children and 192 health workers. More than 14,000 people have been wounded, and more than one million have been displaced from their homes.

    Since September 30, 47 Israeli troops have been killed in combat in Southern Lebanon. Around 45 civilians in northern Israel have died due to rocket fire from Lebanon.

    So, on top of an economic crisis, runaway inflation, unaffordable food, increasing poverty, the port explosion and covid-19, the Lebanese people now face a war that shows little signs of stopping.

    Analysts suggest there is little chance of a ceasefire while Israel retains its “maximalist” demands, which include a full surrender of Hezbollah and allowing Israel to continue to attack targets in southern Lebanon.

    A senior fellow at the Carnegie Middle East Center in Beirut, Mohanad Hage Ali, believes Israel is feigning diplomacy to push the blame on Hezbollah. The best chance may come alongside a ceasefire in Gaza, but Israel shows little signs of negotiating meaningfully on that front either.

    On September 26, the Lebanese Foreign Minister Abdallah BouHabib summarised the mood of the country in the wake of the pager attack:

    “[N]obody expected the war to be taken in that direction. We Lebanese—we’ve had enough war. We’ve had fifteen years of war. . . .We’d like to live without war—happily, as a tourist country, a beautiful country, good food—and we are not able to do it. And so there is a lot of depression, especially with the latest escalation.”

    In Aotearoa New Zealand, the Māori phrase “Kia kaha” means “stand strong”. If I could send a message from halfway across the world, it would be: “Kia kaha Lebanon. I look forward to the day I can visit you again, and munch on a yummy Za’atar man’ousheh while admiring the view from the beautiful Corniche Beirut.”

    Joe Hendren holds a PhD in international business from the University of Auckland. He has more than 20 years of experience as a researcher, including work in the New Zealand Parliament, for trade unions and on various research projects. This is his first article for Asia Pacific Report. His blog can be found at http://joehendren.substack.com

    Where I ate my Za’atar man’ousheh – Pigeon’s Rock, Corniche Beiruit

     

    This post was originally published on Asia Pacific Report.

  • NZ’s leading newspaper defends young MP’s Parliament ‘shining light’ haka

    Pacific Media Watch

    New Zealand’s leading daily newspaper has joined the debate about the haka that stunned Parliament and the nation last week, defending the youngest MP for her actions, saying she is a “product of her forebears” and “shining a light” on the new national conversation about the 1840 Treaty of Waitangi.

    That haka has been criticised by some conservative politicians and civic leaders as “appalling behaviour” and led to Te Pāti Māori’s 22-year-old Hana-Rāwhiti Maipi-Clarke being “named” by the Speaker and suspended from the House for 24 hours.

    However, among many have rallied to her support across the nation, with The New Zealand Herald declaring in an editorial on Tuesday that her haka “shines the light on a new conversation growing louder daily and describing where many Māori are at politically”.

    In light of the haka performed in Parliament, The Herald said, it was “important to understand what was on show” 184 years after the signing of Te Tiriti o Waitangi by the British Crown and more than 40 Māori chiefs as the founding document for New Zealand.

    The haka protest came as thousands joined a massive nine-day Te Hīkoi mō te Tiriti that marched the 1600km length of the country from north and south ending at Parliament in an impressive show of solidarity against the unpopular bill.

    “Culturally, haka is the ability to express thoughts and views in a way that provides clarity with the thoughts of those who deliver it. Haka can be delivered and invoked in many different ways and many different times,” said The Herald.

    “It can be delivered at the beginning of a kaupapa (cause) — like the All Blacks’ pre-match haka — or delivered near the end as a tangi when a tūpāpaku (body) is being taken to its final destination.”

    The newspaper said that when Maipi-Clarke broke into that haka in Parliament, it was her way of expressing her “absolute disgust and loathing of David Seymour’s Principles of the Treaty of Waitangi Bill”.

    Unapologetically Māori
    “Toitū Te Tiriti, the kōhanga reo generation and unapologetically Māori whānau are intertwined. Their whakapapa is the same,” The Herald said.

    “Toitū Te Tiriti says Te Tiriti will endure no matter what. The first of the kōhanga reo generation – the babies brought up in kōhanga reo over 40 years ago, like Te Pāti Māori co-leader Rawiri Waititi – and casting their leadership across te ao Māori.

    “They have been in the workforce for 20+ years, using te reo Māori and mātauranga Māori (Māori intelligence) as their north compass.

    “Maipi-Clarke is part of all three groups. She is a product of her forebears.

    “Maipi-Clarke looks at the world through a kaupapa Māori lens. The things which drive her are Māori-centric, first and foremost. That is who she is and what defines her. The new Māori Queen, Nga wai hono i te po, is of the same ilk.

    “Unapologetically Māori is a statement that serves as a declaration to the world about who Maipi-Clarke and those of her generation are, their truth and how to act from a holistic Māori world view.”

    ‘Their very identity threatened’
    The newspaper said Maipi-Clarke, her Te Pāti Māori colleagues and other politicians in the House “reacted when they felt their very identity was threatened”.

    “They acted the only way they believed was appropriate, with class and with mana.”

    The Herald said Maipi-Clarke, like many Māori and non-Māori, were angry with the progression of this bill.

    “She responded to it as she was taught by her predecessors and peers with a haka,” the paper said.

    “That’s the way Māori of the kōhanga reo generation were brought up to voice their concerns.”

    This post was originally published on Asia Pacific Report.

  • Why NZ is protesting over colonial-era treaty bill – a global perspective

    An overview for our international readers of Asia Pacific Report.

    BACKGROUNDER: By Sarah Shamim

    A fight for Māori indigenous rights drew more than 50,000 protesters to the New Zealand Parliament in the capital Wellington yesterday.

    A nine-day-long Hīkoi, or peaceful march — a Māori tradition — was undertaken in protest against a bill that seeks to “reinterpret” the country’s 184-year-old founding Treaty of Waitangi, which was signed between British imperial colonisers and the Indigenous Māori tangata whenua (people).

    Some had also been peacefully demonstrating outside the Parliament building for nine days before the protest concluded yesterday.

    On November 14, the controversial Treaty Principles Bill was introduced in Parliament for a preliminary first reading vote. Māori parliamentarians staged a haka (a traditional ceremonial dance) to disrupt the vote, temporarily halting parliamentary proceedings.

    So, what was the Treaty of Waitangi, what are the proposals for altering it, and why has it become a flashpoint for protests in New Zealand?

    Maori protest
    Thousands of marchers protesting government policies that affect the Māori cross the Auckland Harbour Bridge on day three of the nine-day journey to Wellington. Image: AJ

    Who are the Māori?
    The Māori people are the original residents of the two large main islands now known as New Zealand, having lived there for several centuries.

    The Māori came to the uninhabited islands of New Zealand from East Polynesia on canoe voyages betweemn 1200 and 1300. Over hundreds of years of isolation, they developed their own distinct culture and language. Māori people speak te reo Māori and have different tribes, or iwi, spread throughout the country.

    The two islands were originally called Aotearoa by the Māori. The name New Zealand was adopted by the colonisers who took control under the Treaty of Waitangi in 1840.

    While Dutch explorer Abel Tasman was the first European to “discover” New Zealand in 1642, calling it Staten Land, three years later Dutch cartographers renamed the land Nova Zeelandia after the Dutch province of Zeeland.

    British explorer James Cook later anglicised the name to New Zealand.

    New Zealand became a “dominion” under the British crown in 1907 after being a colony.

    It gained full independence from Britain in 1947 when it adopted the Statute of Westminster.

    However, for a century the Māori people had suffered mass killings, land grabs and cultural erasure at the hands of colonial settlers.

    There are currently 978,246 Māori in New Zealand, constituting around 19 percent of the country’s population of 5.3 million. They are partially represented by Te Pāti Māori — the Māori Party — which currently holds six of the 123 seats in Parliament.

    INTERACTIVE - New Zealand Indigenous Maori-1732000986
    New Zaland Māori demographics. Graphic: AJLabs/Al Jazeera/CC

    What was the Treaty of Waitangi?
    On February 6, 1840, the Treaty of Waitangi, also called Te Tiriti o Waitangi or just Te Tiriti in te reo, was signed between the British Crown and around 500 Māori chiefs, or rangatira. The treaty was the founding document of New Zealand and officially made New Zealand a British colony.

    While the treaty was presented as a measure to resolve differences between the Māori and the British, the English and te reo versions of the treaty actually feature some stark differences.

    The te reo Māori version guarantees “rangatiratanga” to the Māori chiefs. This translates to “self-determination” and guarantees the Māori people the right to govern themselves.

    However, the English translation says that the Maori chiefs “cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty”, making no mention of self-rule for the Maori.

    The English translation does guarantee the Māori “full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries”.

    “The English draft talks about the British settlers having full authority and control over Māori in the whole country,” Kassie Hartendorp, a Māori community organiser and director at community campaigning organisation ActionStation Aotearoa, told Al Jazeera.

    Hartendorp explained that the te reo version includes the term “kawanatanga”, which in historical and linguistic context “gives British settlers the opportunity to set up their own government structure to govern their own people but they would not limit the sovereignty of Indigenous people”.

    “We never ceded sovereignty, we never handed it over. We gave a generous invitation to new settlers to create their own government because they were unruly and lawless at the time,” said Hartendorp.

    In the decades after 1840, however, 90 percent of Māori land was taken by the British Crown. Both versions of the treaty have been repeatedly breached and Māori people have continued to suffer injustice in New Zealand even after independence.

    In 1975, the Waitangi Tribunal was established as a permanent body to adjudicate treaty matters. The tribunal attempts to remedy treaty breaches and navigate differences between the treaty’s two texts.

    Over time, billions of dollars have been negotiated in settlements over breaches of the treaty, particularly relating to the widespread seizure of Māori land.

    However, other injustices have also occurred. Between 1950 and 2019, about 200,000 children, young people and vulnerable adults were subjected to physical and sexual abuse in state and church care, and a commission found Māori children were more vulnerable to the abuse than others.

    On November 12 this year, Prime Minister Christopher Luxon issued an apology to these victims, but it was criticised by Māori survivors for being inadequate. One criticism was that the apology did not take the treaty into account.

    While the treaty’s principles are not set in stone and are flexible, it is a significant historical document that upholds Māori rights.

    Generation Kohanga Reo
    Generation Kohanga Reo . . . making a difference at the Hīkoi. Image: David Robie/APR

    What does the Treaty Principles Bill propose?
    The Treaty Principles Bill was introduced by Member of Parliament David Seymour, leader of the libertarian ACT Party, a minor partner in New Zealand’s rightwing coalition government. Seymour himself is of Māori heritage.

    The party launched a public information campaign about the bill on February 7 this year.

    The ACT Party asserts that the treaty has been misinterpreted over the decades and that this has led to the formation of a dual system for New Zealanders, where Māori and pākehā (white) New Zealanders have different political and legal rights. Seymour says that misinterpretations of the treaty’s meaning have effectively given Māori people special treatment.

    The bill calls for an end to “division by race”.

    Seymour said that the principle of “ethnic quotas in public institutions”, for example, is contrary to the principle of equality.

    The bill seeks to set specific definitions of the treaty’s principles, which are currently flexible and open to interpretation. These principles would then apply to all New Zealanders equally, whether they are Māori or not.

    According to Together for Te Tiriti, an initiative led by ActionStation Aotearoa, the bill will allow the New Zealand government to govern all New Zealanders and consider all New Zealanders equal under the law.

    Activists say this will effectively disadvantage indigenous Māori people because they have been historically oppressed.

    Many, including the Waitangi Tribunal, say this will lead to the erosion of Māori rights. A statement by ActionStation Aotearoa says that the bill’s principles “do not at all reflect the meaning” of the Treaty of Waitangi.

    Why is the bill so controversial?
    The bill is strongly opposed by political parties in New Zealand on both the left and the right, and Maori people have criticised it on the basis that it undermines the treaty and its interpretation.

    Gideon Porter, a Maori journalist from New Zealand, told Al Jazeera that most Maori, as well as historians and legal experts, agree that the bill is an “attempt to redefine decades of exhaustive research and negotiated understandings of what constitute ‘principles’ of the treaty”.

    Porter added that those critical of the bill believe “the ACT Party within this coalition government is taking upon itself to try and engineer things so that Parliament gets to act as judge, jury and executioner”.

    In the eyes of most Maori, he said, the ACT Party is “simply hiding its racism behind a facade of ‘we are all New Zealanders with equal rights’ mantra”.

    The Waitangi Tribunal released a report on August 16 saying that it found the bill “breached the Treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the … guarantee of rangatiratanga”.

    Another report by the tribunal seen by The Guardian newspaper said: “If this bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty … in modern times.”

    Treaty Principles Bill . . . submissions
    Treaty Principles Bill . . . submissions. Image: APR screenshot

    What process must the bill go through now?
    For a bill to become law in New Zealand, it must go through three rounds in Parliament: first when it is introduced, then when MPs suggest amendments and finally, when they vote on the amended bill. Since the total number of MPs is 123, at least 62 votes are needed for a bill to pass, David MacDonald, a political science professor at the University of Guelph in Canada, told Al Jazeera.

    Besides the six Māori Party seats, the New Zealand Parliament comprises 34 seats held by the Labour Party; 14 seats held by the Green Party of Aotearoa; 49 seats held by the National Party; 11 seats held by the ACT Party; and eight seats held by the New Zealand First Party.

    “The National Party leaders including the PM and other cabinet ministers and the leaders of the other coalition party [New Zealand] First have all said they won’t support the bill beyond the committee stage. It is highly unlikely that the bill will receive support from any party other than ACT,” MacDonald said.

    When the bill was heard for its first round in Parliament last week, Māori party lawmaker Hana-Rawhiti Maipi-Clarke tore up her copy of the legislation and led the haka.

    Is the bill likely to pass?
    The chances of the bill becoming law are “zero”, Porter said.

    He said the ACT’s coalition partners had “adamantly promised” to vote down the bill in the next stage. Additionally, all the opposition parties will also vote against it.

    “They only agreed to allow it to go this far as part of their ‘coalition agreement’ so they could govern,” Porter said.

    New Zealand’s current coalition government was formed in November 2023 after an election that took place a month earlier. It comprises the National Party, ACT and New Zealand First.

    While rightwing parties have not given a specific reason why they will oppose the bill, Hartendorp said New Zealand First and the New Zealand National Party would likely vote in line with public opinion, which largely opposes it.

    Why are people protesting if the bill is doomed to fail?
    The protests are not against the bill alone.

    “This latest march is a protest against many coalition government anti-Māori initiatives,” Porter said.

    Many believe that the conservative coalition government, which took office in November 2023, has taken measures to remove “race-based politics”. The Māori people are not happy with this and believe that it will undermine their rights.

    These measures include removing a law that gave the Maori a say in environmental matters. The government also abolished the Maori Health Authority in February this year.

    Despite the bill being highly likely to fail, many believe that just by allowing the bill to be tabled in Parliament, the coalition government has ignited dangerous social division.

    For example, former conservative Prime Minister Jenny Shipley has said that just putting forth the bill is sowing division in New Zealand, and she warned of potential “civil war”.

    Sarah Shamim is a freelance writer and assistant producer at Al Jazeera Media Network, where this article was first published.

    This post was originally published on Asia Pacific Report.

  • Bill would ‘render the treaty worthless’ – world reacts to national Hīkoi

    RNZ News

    International media coverage of Aotearoa New Zealand’s national Hīkoi to Parliament has largely focused on the historic size of the turnout in Wellington yesterday and the wider contention between Māori and the Crown.

    Some, including The New York Times, have also pointed out the recent swing right with the election of the coalition government as part of the reason for the unrest.

    The Times article said New Zealand had veered “sharply right”, likening it to Donald Trump’s re-election.

    “New Zealand bears little resemblance to the country recently led by Jacinda Ardern, whose brand of compassionate, progressive politics made her a global symbol of anti-Trump liberalism.”

    The challenging of the rights of Māori was “driving a wedge into New Zealand society”, the article said.

    Coverage in The Guardian explained that the Treaty Principles Bill was unlikely to pass.

    “However, it has prompted widespread anger among the public, academics, lawyers and Māori rights groups who believe it is creating division, undermining the treaty, and damaging the relationship between Māori and ruling authorities,” it said.

    ‘Critical moment’
    Turkey’s public broadcaster TRT World said New Zealand “faces a critical moment in its journey toward reconciling with its Indigenous population”.

    While Al Jazeera agreed it was “a contentious bill redefining the country’s founding agreement between the British and the Indigenous Māori people”.

    The Washington Post pointed out that the “bill is deeply unpopular, even among members of the ruling conservative coalition”.

    “While the bill would not rewrite the treaty itself, it would essentially extend it equally to all New Zealanders, which critics say would effectively render the treaty worthless,” the article said.

    The Hīkoi, and particularly the culmination of more than 42,000 people at Parliament, was covered in most of the mainstream international media outlets including Britain’s BBC and CNN in the United States, as well as wire agencies, including AFP, AP and Reuters.

    Across the Ditch, the ABC headline called it a “flashpoint” on race relations. While the article went on to say it was “a critical moment in the fraught 180-year-old conversation about how New Zealand should honour the promises made to First Nations people when the country was colonised”.

    Most of the articles also linked back to Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke’s haka in Parliament which also garnered significant international attention.

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

    This post was originally published on Asia Pacific Report.

  • ‘What’s good for Māori is good for everyone’ – Hīkoi ends with peaceful protest

    By Ashleigh McCaull, RNZ News journalist

    Aotearoa New Zealand’s capital Wellington Pōneke turned into a sea of black, white and red today, as more than 42,000 people supporting te Hīkoi mō te Tiriti overflowed Parliament’s lawn and onto the streets.

    Supporters then headed to Waitangi Park, where a post-hīkoi concert took place.

    Thousands of supporters already at Parliament greeted the hīkoi when it entered the gates, with haka and the sound of the pūtātara (Māori shell trumpet) ringing out across the lawn.


    42,000 people at Parliament during Hīkoi.   Video: RNZ News

    Among the dignitaries towards the front of the hīkoi was Māori Queen Nga wai hono i te po, who stood alongside Hone Harawira, Tuku Morgan and Te Pati Māori MP Hana-Rāwhiti Maipi-Clarke.

    Fireworks were let off several times at Parliament.

    One kuia told RNZ she was happy the Hīkoi stayed peaceful and did not end up like the anti-mandate protest at Parliament more than two years ago.

    Horomona Horo travelled from Waikato in opposition to the Treaty Principles Bill.

    “The purpose of it is to stand up against the atrocities of not just this government, but governments of the past as well, and the discrepancies that have happened over the years.”

    When asked what he thought of Treaty Principles Bill architect David Seymour’s short appearance on the forecourt, Horo said the day was not about him, but more about everyone coming together and uniting.

    The national hīkoi converges at Parliament Grounds on 19 November 2024.
    The national Hīkoi converges at Parliament Grounds. Image: Reece Baker/RNZ

    “At the end of the day, if you speak for your people, you need to show up. And not show up to blink an eye or two, but to actually show up in good times and bad times and in celebration as well as in times like today, where he knows he’s done wrong and he knows the things that need to happen.

    “He cannot turn his words back on what he’s already said,” Horo said.

    After everything wrapped up at Parliament, traffic came to a standstill as a haka broke out on on the intersection of Bunny Street and Featherston Street.

    The hikoi against the Principles of the Treaty of Waitangi Bill reaches Parliament.
    The Hikoi against the Principles of the Treaty of Waitangi Bill reaches Parliament. Image: VNP/Phil Smith

    ‘Kill the Bill!’
    Seymour and his caucus were escorted by several police officers when they briefly ventured out to Parliament’s forecourt, and were greeted by the crowd chanting “kill the Bill”.

    The ACT Party leader said yesterday that he would assess the mood of the crowd first before deciding whether or not to engage with them.

    Te Pati Māori co-leader Rawiri Waititi was speaking to the crowd at the time Seymour came out and encouraged them to chant “kill the Bill” to give a clear message for the ACT leader.

    After five minutes, Seymour turned and headed back inside the building.

    The crowd chants”kill the Bill”.         Video: RNZ News

     

    Later this afternoon, the official ACT instagram page posted a video with Seymour saying this was a speech he had hoped to deliver to Hīkoi supporters who had marched from all across the motu.

    “They’d see that I’m actually a New Zealander like them — in fact, one who is whakapapa Māori, who would like to see a better world with more homes being built, more infrastructure, better jobs, better health and education.

    “That would be a constructive discussion to have, but sadly not one that is possible when you see New Zealand as a compact of two collectives defined by ancestry.

    “It may be that we find New Zealand is not mature enough to have this discussion, I suspect that’s wrong,” Seymour said.

    In response to the crowd chanting “kill the Bill”, he said he encouraged Hīkoi supporters to read the Bill.

    Seymour later told RNZ Checkpoint that the Hīkoi was “not representative” of New Zealand, and only 0.2 percent of Māori were at the Parliament protest.

    Prime Minister Christopher Luxon was asked before Question Time whether he would prefer the bill to be disposed of before Waitangi Day commemorations in Feburary.

    “[The bill] is not something I like or support, but we have come to a compromise.

    “Now, it’s in the hands of Parliament, it’s now in the hands of the select committee, they work through the timing from here on through, as they should.”

    Meanwhile, Deputy Prime Minister Winston Peters called the Hīkoi a “waste of time” as the Treaty Principles Bill was “dead on arrival”.

    The Bill was fatally flawed and never going to work, he said, and Hīkoi attendees should know that.

    ‘I’m not worried about sales’
    While the Hīkoi made its way to Parliament, business owners and staff watched and filmed from their doorways as the masses went past.

    The hīkoi protesting against the Treaty Principles Bill in Wellington on 19 November 2024.
    The Hīkoi protesting against the Treaty Principles Bill in Wellington on 19 November 2024. Image: RNZ/Reece Baker

    Every store RNZ visited at the time the Hīkoi was passing through was empty, but several business owners on Willis Street said they did not mind the disruption and supported the cause.

    Capricorn Spirit owner Susan Cameron said the Hīkoi was for a good cause.

    “I’m not worried about sales,” she said. “We’ve got to tell Parliament as a whole country that we do not stand for this.”

    To those on the Hīkoi, she said: “Good on you. Well done. I wish I could be with you, but at this moment I can’t, I need to be here, but I support everything you’re standing for here.”

    Meanwhile, Dixon Street coffee shop Swimsuit had to call in back-up as customer numbers were similar to the store’s busiest Saturdays.

    Barista Sarah Green said five staff were on deck for 320 orders — many of which were for multiple coffees.

    Flags fly high in Waitangi Park
    The meeting point for the hīkoi this morning was at Waitangi Park, which was dominated by either tino rangatiratanga flags, toitu te tiriti flags or the flag for the United Tribes.

    RNZ spoke to a few people on their thoughts about Seymour’s Treaty Principles Bill.

    “I think he’s a very arrogant man, at the end of the day he says he’s got Māori in him, he still uses white rules to try and rule the rest of the country. Well, it ain’t his land, it belongs to us. We were the first ones here so we own it. And our tipuna, they were good people but now he’s trying to do this to us and it’s not fair,” said Kathleen Mihaere.

    “I don’t like him, okay? He needs to wake up and realise this is our whenua, we own this. You fellas are visitors and if you are one of us, be one of us,” said Sheena Tonihi.

    “What’s good for Māori is good for everyone, we come here as peace, we love everyone no matter who you are, where you come from. But yeah, what’s good for Māori is good for everyone,” said Henare Karepe.


    Thoughts on David Seymour voxies.     Video: RNZ News

     

    Before the hīkoi got underway, singer Stan Walker also went out and sang for the crowd.

    The hīkoi later returned to the park from Parliament for an evening concert.

    Marching before dawn
    More than 2000 people set off from the Hutt Valley at about 4am this morning and met with another group coming from Porirua on Wellington’s waterfront before they marched to Parliament.

    Some participants arriving on horses.
    Some Hīkoi participants arriving on horseback. Image: RNZ/Pokere Paewai

    When the hīkoi reached a third of the way through the 14km journey to Wellington train station, it was met with lots of toots from passing traffic, mostly trucks at that time of the morning.

    People on a passing train were videoing the hīkoi as it went by.

    There were babies and elderly and hundreds of tino rangatiratanga flags flying.

    Damian from Naenae said today’s hīkoi was hugely significant.

    He said even though the Treaty Principles Bill was unlikely to make it past the second reading, the fact it was before Parliament at all was an injustice, and people felt that in their wairua.

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

    Hikoi in welly
    Hīkoi participants. Image: RNZ/Phil Pennington

    This post was originally published on Asia Pacific Report.

  • Kiwi pilot kidnapping in West Papua leads to police raids in Australia

    By Duncan Graham

    An alleged plot involving firearms and threatening the life of New Zealand pilot Philip Mehrtens when held hostage in Papua this year is being investigated by the Australian Federal Police.

    The case involves “advancing a political cause by the separation of West Papua from Indonesia . . . with the intention of coercing by intimidation the governments of New Zealand and Indonesia”.

    Named in the AFP search warrant seen by MWM is research scholar Julian King, 63, who has studied and written extensively about West Papuan affairs.

    He has told others his home in Coffs Harbour, Queensland, was raided violently earlier this month by police using a stun grenade and smashing a door.

    During the search, the police seized phones, computers and documents about alleged contacts with the West Papua rebel group Organisasi Papua Merdeka, OPM (Free Papua Organisation) and a bid to seek weapons and ammunition.

    However, no arrests are understood to have been made or charges laid.

    King, a former geologist and now a PhD student at Wollongong University, has been studying Papuan reaction to the Indonesian takeover since 1963. He has written in a research paper titled “A soul divided: The UN’s misconduct over West Papua” that West Papuans:

    ‘live under a military dictatorship described by legal scholars and human rights advocates as systemic terror and alleged genocide.’

    Also named in the warrant alongside King is Amatus Dounemee Douw, confirmed by MWM contacts to be Australian citizen Akouboo Amatus Douw, who chairs the West Papua Diplomatic and Foreign Affairs Council, an NGO that states it seeks to settle disputes peacefully.

    Risk to Australia-Indonesia relations
    The allegations threaten to fragment relations between Indonesia and Australia.

    It is widely believed that human rights activists and church organisations are helping Papuan dissidents despite Canberra’s regular insistence that it officially backs Jakarta.

    Earlier this year, Deputy PM Richard Marles publicly stressed: “We, Australia, fully recognise Indonesia’s territorial sovereignty. We do not endorse any independence movement.”

    In August, Douw alleged Indonesian troops shot Kiwi Glen Conning on August 5 in Central Papua. The government version claims that the pilot was killed by “an armed criminal group” after landing his helicopter, ferrying local people who fled unharmed.

    When seized by armed OPM pro-independence fighters in February last year, Mehrtens was flying a light plane for an Indonesian transport company.

    He was released unharmed in September after being held for 593 days by the West Papua National Liberation Army (Tentara Pembebasan Nasional Papua Barat – TPNPB), the military wing of the OPM.

    Designated ‘terrorist’ group, journalists banned
    OPM is designated as a terrorist organisation in Indonesia but isn’t on the Australian list of proscribed groups. Jakarta bans foreign journalists from Papua, so little impartial information is reported.

    After Mehrtens was freed, TPNPB spokesman Sebby Sambom alleged that a local politician had paid a bribe, a charge denied by the NZ government.

    However, West Papua Action Aotearoa spokesperson Catherine Delahunty told Radio NZ the bribe was “an internal political situation that has nothing to do with our government’s negotiations.”

    Sambom, who has spent time in Indonesian jails for taking part in demonstrations, now operates out of adjacent Papua New Guinea — a separate independent country.

    Australia was largely absent from the talks to free Mehrtens that were handled by NZ diplomats and the Indonesian military. The AFP’s current involvement raises the worry that information garnered under the search warrants will show the Indonesian government where the Kiwi was hidden so that locations can be attacked from the air.

    At one stage during his captivity, Mehrtens appealed to the Indonesian military not to bomb villages.

    It is believed Mehrtens was held in Nduga, a district with the lowest development index in the Republic, a measure of how citizens can access education, health, and income. Yet Papua is the richest province in the archipelago — the Grasberg mine is the world’s biggest deposit of gold and copper.

    OPM was founded in December 1963 as a spiritual movement rejecting development while blending traditional and Christian beliefs. It then started working with international human rights agencies for support.

    Indigenous Papuans are mainly Christian, while almost 90 percent of Indonesians follow Islam.

    Chief independence lobbyist Benny Wenda lives in exile in Oxford. In 2003 he was given political asylum by the UK government after fleeing from an Indonesian jail.  He has addressed the UN and European and British Parliaments, but Jakarta has so far resisted international pressure to allow any form of self-determination.

    Questions for new President Prabowo
    Indonesian President Prabowo Subianto is in the UK this week, where Papuans have been drumming up opposition to the official visit. In a statement, Wenda said:

    ‘Prabowo has also restarted the transmigration settlement programme that has made us a minority in our own land.’

    “For West Papuans, the ghost of (second president) Suharto has returned — (his) New Order regime still exists, it has just changed its clothes.”

    Pleas for recognition of Papuan’s concerns get minimal backing in Indonesia; fears of balkanisation and Western nations taking over a splintered country are well entrenched in the 17,000-island archipelago of 1300 ethnic groups where “unity” is considered the Republic’s foundation stone.

    Duncan Graham has a Walkley Award, two Human Rights Commission awards and other prizes for his radio, TV and print journalism in Australia. He now lives in Indonesia. He has been an occasional contributor to Asia Pacific Report and this article was first published by Michael West Media.

    This post was originally published on Asia Pacific Report.

  • Hīkoi day 9: 35,000 join as Treaty Principles Bill protest reaches Parliament

    RNZ News

    More than 35,000 people today gathered as Aotearoa New Zealand’s Hīkoi mō te Tiriti overflowed from Parliament’s grounds and onto nearby streets in the capital Wellington Pōneke.

    Eru Kapa-Kingi told the crowd “Māori nation has been born” today and that “Te Tiriti is forever”.

    ACT leader David Seymour was met with chants of “Kill the bill, kill the bill” when he walked out of the Beehive for a brief appearance at Parliament’s forecourt, before waving to the crowd and returning into the building.


    The Hikoi at Parliament today. Video: RNZ News

    The Treaty Principles Bill architect, Seymour, said he supported the right to protest, but thought participants were misguided and had a range of different grievances.

    Interviewed earlier before Question Time, Prime Minister Christopher Luxon said it was up to Parliament’s justice committee to decide whether the select committee process on the Treaty Principles Bill should be shortened.

    The select committee will receive public submissions until January 7, and intends to complete hearings by the end of February.

    Waitangi Day uncertainty
    It means the Prime Minister will head to Waitangi while submissions on the bill are still happening.

    Luxon was asked whether he would prefer if the bill was disposed of before Waitangi Day commemorations on February 6

    “It’ll be what it will be.

    “Let’s be clear — there is a strong depth of emotion on all sides of this debate.

    “Yes, [the bill] is not something I like or support, but we have come to a compromise.”

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

    This post was originally published on Asia Pacific Report.

  • ‘It’s a complete and total nightmare’ – aid worker speaks about Israel’s relentless Gaza genocide

    Democracy Now!

    AMY GOODMAN: This is Democracy Now!, The War and Peace Report. I’m Amy Goodman.

    We turn to Israel’s war on Gaza. A special UN committee has reported Israel’s actions in Gaza are “consistent with the characteristics of genocide”. Another report by Human Rights Watch finds Israel has committed war crimes and crimes against humanity through its mass forced displacement of Gaza’s civilians.

    This comes as the Biden administration has decided to continue arming Israel, even though aid groups say Israel has failed to meet a US-imposed 30-day deadline to increase the flow of food and humanitarian aid into Gaza.

    We go now to Deir al-Balah in Gaza, where we’re joined by Arwa Damon, founder of INARA, a nonprofit currently providing medical and mental healthcare to children in Gaza. She previously spent 18 years at CNN, including time as a senior international correspondent.

    Thanks so much for being with us, Arwa. This is your fourth trip back to Gaza since October 7, 2023. Tell us what you see there:

    ARWA DAMON: You know, Amy, you think you can’t get worse, and then it does. You think people, quite simply, could never cope with these deteriorating conditions, and yet somehow they do. It’s a situation that they have been forced into.

    Arguably, the conditions when it comes to access of humanitarian organisations and our ability to distribute aid, aid actually getting into the strip, we’re talking about the lowest levels yet. And this is exactly during the timeframe that the US had given to Israel to actually improve the situation. We’ve seen it getting significantly worse.

    We’re not just talking about a shortage in things like flour, food, water, fresh vegetables, you know, hygiene kits. We’re also talking about shortages in what’s available on the commercial market. So, even if you somehow had money to be able to go buy what you need, it quite simply isn’t here.

    These hospitals that we keep talking about as being partially functioning, what does that actually mean? It means that if you show up bleeding, someone inside is going to try to stop the bleed, but do they actually have what they need to save your life? No. I was inside visiting some kids here at Al-Aqsa earlier today and over the weekend.

    There’s a little 2-year-old boy here whose brain you can see pulsing through his skin. His skull bone was removed. This little boy was not stabilising properly because the ICU was missing a pediatric-sized tracheostomy tube. Now, luckily, we were able to, you know, source some of them, and he has now stabilised, and he is off the ventilator.


    Palestinians feel they are being ‘slowly exterminated’. Video: Democracy Now!

    But this really gives you an idea of just how serious the situation here is.

    People are gathering to demonstrate for things like flour, for bread, for whatever it is that you can imagine. Winter is coming. The rains are coming. This means flooding is coming.

    And on top of just, you know, water flooding, we’re also anticipating that the sewage sites are going to be flooding, as well. Aid organizations need to be able to have the capacity and the ability to, you know, shift those sites to areas where they’re not going to pose even more of a health hazard to the community.

    So, I mean, it’s a complete and total nightmare. It’s beyond being a nightmare.

    AMY GOODMAN: If you can talk about this latest report? The special UN committee says Israel’s actions in Gaza are “consistent with the characteristics of genocide,” coming at the same time as a Human Rights Watch report, and UNRWA talks about famine being imminent in northern Gaza.

    ARWA DAMON: So, if we’re talking specifically about the north, the northern province of Gaza, this is an area where Israel launched its military operation there nearly four weeks ago. We have seen people repeatedly being forcibly displaced from their homes. There is very little access to medical assistance there.

    There has been absolutely no humanitarian assistance delivered there for about the last month. People are starving. They are dying. And it’s not just bombs that are killing people, it’s also disease.

    ‘Bombs kill quickly, but disease and starvation, they are slow killers. And that is what a lot of people are facing here.’

    — Arwa Damon, founder of INARA,

    So, when we look at the nature of what is happening in Gaza, you can’t spend a day here, Amy, and not come away with the notion that you are witnessing a population that is being slowly exterminated. And I say “slowly” because, yes, bombs kill quickly, but disease and starvation, they are slow killers. And that is what a lot of people are facing here.

    And talk to anybody in Gaza, and there’s absolutely no doubt in their mind that, one, they are living through their own annihilation, and, two, what Israel is doing in the northern part is going to be repeated elsewhere.

    And this is also part of why you see a reluctance among the population to want to evacuate, because Gazans know, Palestinians know that when they leave, they’re not going to be able to go back home. This is what history has taught them.

    And there is this very real, ingrained fear among the population here right now that what they’re going through at this moment is not the end. There is actually a real sense that the worst is yet to come.

    And they feel completely and totally abandoned by the international community, by global leaders, not to mention the United States. And everyone is convinced that right now Israel is going to have even more free rein to do whatever it is that it wants here.

    When you talk to people about what it is that they’re going through, they do feel as if every single aspect of trying to survive here has been carefully orchestrated by Israel so that it is able to sort of meet America’s bare minimum of standards, to allow America sufficient cover to say, “Oh, no, there’s improvement that’s happening.”

    And yet, actually, at the core of it is just another way to continue to kill the population.

    AMY GOODMAN: And as you talk about the United States, which has given tens of billions of dollars in military aid to Israel, they did recently set a 30-day deadline to increase the flow of food and humanitarian aid into Gaza, but the US has decided to keep arming Israel despite this and despite the number of officials in the State Department and other parts of the US government who have quit over this.

    ARWA DAMON: Yeah, and let’s just look at the numbers. Let’s just look at what happened when the US started the clock for that 30-day deadline to improve humanitarian assistance. We saw, very shortly afterwards, the number of trucks accessing Gaza dip significantly, down to 30 a day, keeping in mind that one of the key demands that the US had was that aid be increased to at least 350 trucks.

    So we saw this, you know, decrease consistent of roughly 30 trucks a day for most of the month of October. Now, in November, that number did go up to around 60-70, but we’re still talking about, you know, falling extraordinarily short, providing barely 20% of what it is that the population here needs.

    We saw less access to these besieged areas in the north, where people are effectively trapped or having to basically risk their lives. We’ve had numerous instances where aid has been delivered to the Kamal Adwan Hospital in the north, for example, where, shortly after medical evacuation teams have arrived there, there have been strikes.

    You have this very ingrained fear that exists among people right now, especially in the north, where some of them are saying, “Don’t deliver anything, because right after you’re delivering, strikes are happening.”

    And just to illustrate how it is that we try to move, so if we’re moving from south to north, for example, or even if we’re moving within the northern areas, those movement requests have to be approved by Israel. And aid organisations are increasingly wary of moving around with what we call soft-skin cars, which is basically your normal vehicle that we use to move around in, because of the increasing frequency of instances at Israeli checkpoints where aid convoys have been shot at by IDF troops after receiving the green light.

    The OK to cross through, which means that for a lot of aid organizations, movement is limited to those who have access to armoured vehicles, vehicles that are more secure. And those don’t really exist in Gaza in high numbers at all. And we’re not allowed to bring in more to sort of beef up our capacity to be able to move around safely.

    I mean, no matter which way you look at it, Amy, you’re constantly faced by numerous obstacles that don’t need to be there. It feels very deliberate, not to mention the complete and total breakdown of security. Now we have numerous looting instances of aid trucks.

    We’ve repeatedly asked the Israeli side to be able to use alternative routes, to be able to use secured routes. Those requests are not being met.

    I mean, it’s just — it’s such an impossible situation to operate in. I feel like I keep saying the same thing over and over and over again each time I come in. And the words to demonstrate how much worse it’s getting, quite simply, lack in our vocabulary.

    AMY GOODMAN: You also wrote a piece recently, “The Devastation of Lebanon,” for New Lines. And we had this headline, The Washington Post reporting a close aide to Netanyahu told Donald Trump and his son-in-law Jared Kushner that Israel is rushing to advance a ceasefire deal in Lebanon as a gift to Trump ahead of his January inauguration. Your response to the significance of Trump’s election and what it means to the people of Lebanon and Gaza?

    ARWA DAMON: You know, first of all, anyone who lives in the Middle East and anyone who’s kind of been focusing on the Middle East knows very well that it really doesn’t matter who’s in the White House. Whether it’s Republican or Democrat, that really is not going to change significantly US policy towards this region.

    But the thing that we’ve been hearing, specifically when it comes to the re-election of Donald Trump, is at least he’s not lying to us. At least whatever America is going to let Israel do, it’s going to be done faster. So, if our end is coming, at least it’s going to come faster.

    Whereas when it comes to, you know, specifically the Biden administration, the sense is that the Democrats are far more willing to allow this slower, more painful death. But the end result, no matter who it is, people are fully convinced, is exactly the same.

    And all people really want right now is for this to end. People are suffocated. They’re crushed. They cannot keep going like this. And they very much feel as if, you know, no matter what it is, no matter who it is, Arabs are viewed by the United States and by the Western world as somehow being less than . . . their lives are not that valuable.

    You constantly hear people in Gaza — and we were hearing the same thing in Lebanon — making comments like, “Well, you know, America, it doesn’t care if we live or die. It doesn’t care how much we suffer. Our lives don’t matter to them.” And that is not really a perspective that changes all that much, no matter who is sitting in Washington.

    AMY GOODMAN: We just have 30 seconds, Arwa. Why did you give up journalism for humanitarian work? What do you think you can accomplish at INARA that you couldn’t do as a journalist?

    ARWA DAMON: There’s a certain sort of privilege of being able to spend extensive periods of time with people and really get to know who they are. And I feel as if, you know, moving around in the humanitarian sphere, I’m getting a different understanding of sort of people’s emotional journeys, what it actually takes to be able to provide them with assistance.

    And it’s provided me a different way of being able to continue to sort of share people’s stories and experiences, but also be able to immediately at least try to provide assistance. You know, the challenge that we have when we’re out in the field as journalists is that you don’t always see the impact.

    But when you’re in the humanitarian space, there’s a certain kind of magic when you’re able to just bring a smile to a child’s face. And I needed that.

    AMY GOODMAN: Arwa Damon, we thank you so much for being with us. Stay safe. An award-winning journalist, she was with CNN for 18 years but now has founded INARA, a nonprofit currently providing medical and mental healthcare to children in Gaza, speaking to us from Deir al-Balah in Gaza outside Al-Aqsa Hospital.

    This article is republished under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States Licence.

    This post was originally published on Asia Pacific Report.

  • Hikoī day 8: Te Pāti Māori co-leader speaks of ‘sense of betrayal’ over bill

    RNZ News

    ACT leader David Seymour has spoken out on Hana-Rawhiti Maipi-Clarke’s haka in Parliament as a Hīkoi against his controversial Treaty Principles Bill converges on Wellington.

    The Te Pāti Māori MP was suspended for 24 hours and “named” for leading the haka during the first reading of the bill last Thursday.

    Seymour told reporters the haka “was designed to get in other people’s faces”, to stop the people who represent New Zealanders from having their say, particularly because those doing it left their seats.

    The action was a serious matter, and if a haka was allowed one time, it left the door open for other disruptions in Parliament at other times.

    Labour’s vote against the decision to suspend Maipi-Clarke from the House was an indication it thought such behaviour was appropriate.

    People should be held accountable for their actions, Seymour added.

    Asked by reporters if Seymour should speak to the Hīkoi, Te Pāti Māori co-leader Debbie Ngarewa-Packer said his voice had already been heard, and described Māori feeling “a sense of betrayal”.

    The bill should never have come into the House, she said.

    A ferry carrying protesters from the South Island is now on its way across the Cook Strait as final preparations are made in the capital for tomorrow’s gathering at the Beehive.

    In Wellington, commuters are being warned to allow extra time for travel, and add one or even two hours to their trips to work on Tuesday even as extra buses and train carriages are put on.

    Māori Queen to join Hīkoi
    A spokesperson for the Kiingitanga movement said although this was a period of mourning in the wake of the death of her late father, the Māori Queen would be joining the Hīkoi in Wellington.

    Te Arikinui Kuini Nga Wai Hono i te Po confirmed late last night she planned to be at Parliament tomorrow.

    Speaking to RNZ’s Midday Report, spokesperson Ngira Simmonds said while it was uncommon for a Māori monarch to break the period of mourning, Kuini Nga Wai Hono i te Po would be there to advocate for more unity between Māori and the Crown.

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

    This post was originally published on Asia Pacific Report.

  • Hīkoi day 8: Significant disruption expected when thousands converge on capital

    RNZ News

    New Zealand’s hīkoi against the Treaty Principles Bill could be one of the largest rallies that the capital has seen for years, Wellington City Council says.

    The Hīkoi mō te Tiriti will arrive in Wellington tomorrow, and locals are being warned to expect disruption and plan ahead.

    Yesterday, about 5000 people filled the square in Palmerston North before the convoy headed south, stopping for a rally in Levin.

    Thousands of supporters were then welcomed at Takapūwāhia Marae, in Porirua, north of Wellington.

    They will have a rest day in Porirua today before gathering at Wellington’s Waitangi Park on tomorrow morning, and converging on Parliament.

    “There is likely to be some disruption to roads and highways,” the council said in a statement.

    ‘Plan ahead’ call
    “Please plan ahead if travelling by road or rail on Tuesday, November 19, as delays are possible.”

    The Hīkoi will start at 6am, travelling from Porirua to Waitangi Park, where it will arrive at 9am.

    It will then depart the park at 10am, travelling along the Golden Mile to Parliament, where it will arrive at midday.

    The Hīkoi will return to Waitangi Park at 4pm for a concert, karakia, and farewell.

    State Highways 1 and 2 busier than normal.

    Police said no significant issues had been reported as a result of the Hīkoi.

    A traffic management plan would be in place for its arrival into Wellington, with heavier than usual traffic anticipated, particularly in the Hutt Valley early Tuesday morning, and on SH2 between Lower Hutt and Wellington city.

    Anyone living or working in the city should plan accordingly, Wellington District Commander Superintendent Corrie Parnell said.

    Police ‘working with Hikoī’
    “Police have been working closely with iwi and Hīkoi organisers, and our engagement has been positive.

    “The event as it has moved down the country has been conducted peacefully, and we have every reason to believe this will continue.

    “In saying that, disruption is expected through the city centre as the hīkoi makes its way from Waitangi Park to Parliament.

    “We’ve planned ahead with NZTA, Wellington City Council, Greater Wellington Regional Council, local schools, retailers and other stakeholders to mitigate this as best possible, but Wellingtonians should be prepared for Tuesday to look a little different.”

    Protesters in Dannevirke during day 6 of Hīkoi mō te Tiriti.
    Riders on horseback have joined the Hīkoi along the route. Image: RNZ/Pokere Paewai

    Wellington Station bus hub will be closed, with buses diverted to nearby locations.

    Metlink has also added extra capacity to trains outside of peak times (9am-3pm).

    Police said parking was expected to be extremely difficult on Tuesday, especially around the bus hub, Lambton Quay and Parliament grounds.

    Wellingtonians were being to exercise patience, particularly on busy roads, Parnell said.

    “We ask you to allow more time than normal to get where you are going. Plan ahead by looking at how road closures and public transport changes might affect you, and expect that there will be delays at some point throughout the day.”

    PM: ‘We’ll wait and see’
    Prime Minister Christopher Luxon said he was playing his approach to the Hīkoi “by ear”.

    He has been at his first APEC meeting in Peru, but will arrive back in New Zealand today.

    He said he was open to speaking with members of the Hīkoi on Tuesday, but no plans had been made as yet.

    “We haven’t made a decision. We’ll wait and see, but I’m very open to meeting, in some form or another.

    “It’s obviously building as it walks through the country and gets to Wellington, and we’ll just wait and see and take it as it comes.”

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

    This post was originally published on Asia Pacific Report.

  • Plea to bar Prabowo from UK as Indonesian security forces crack down on Papuan rally

    Asia Pacific Report

    A West Papuan advocacy group for self-determination for the colonised Melanesians has appealed to the United Kingdom government to cancel its planned reception for new Indonesian President Prabowo Subianto.

    “Prabowo is a blood-stained war criminal who is complicit in genocide in East Timor and West Papua,” claimed an exiled leader of the United Liberation Movement for West Papua (ULMWP), Benny Wenda.

    He said he hoped the government would stand up for human rights and a “habitable planet” by cancelling its reception for Prabowo.

    Prabowo, who was inaugurated last month, is on a 12-day trip to China, the United States, Peru, Brazil, and the United Kingdom.

    He is due in the UK on Monday, November 19.

    The trip comes as Indonesian security forces brutally suppressed a protest against Indonesia’s new transmigration strategy in the Papuan region.

    Wenda, an interim president of ULMWP, said Indonesia was sending thousands of industrial excavators to destroy 5 million hectares of Papuan forest along wiith thousands of troops to violently suppress any resistance.

    “Prabowo has also restarted the transmigration settlement programme that has made us a minority in our own land. He wants to destroy West Papua,” the UK-based Wenda said in a statement.

    ‘Ghost of Suharto’ returns
    “For West Papuans, the ghost of Suharto has returned — the New Order regime still exists, it has just changed its clothes.

    “It is gravely disappointing that the UK government has signed a ‘critical minerals’ deal with Indonesia, which will likely cover West Papua’s nickel reserves in Tabi and Raja Ampat.

    “The UK must understand that there can be no real ‘green deal’ with Indonesia while they are destroying the third largest rainforest on earth.”

    Wenda said he was glad to see five members of the House of Lords — Lords Harries, Purvis, Gold, Lexden, and Baroness Bennett — hold the government to account on the issues of self-determination, ecocide, and a long-delayed UN fact-finding visit.

    “We need this kind of scrutiny from our parliamentary supporters more than ever now,” he said.

    Prabowo is due to visit Oxford Library as part of his diplomatic visit.

    “Why Oxford? The answer is clearly because the peaceful Free West Papua Campaign is based here; because the Town Hall flies our national flag every December 1st; and because I have been given Freedom of the City, along with other independence leaders like Nelson Mandela,” Wenda said.

    This visit was not an isolated incident, he said. A recent cultural promotion had been held in Oxford Town Centre, addressed by the Indonesian ambassador in an Oxford United scarf.

    Takeover of Oxford United
    “There was the takeover of Oxford United by Anindya Bakrie, one of Indonesia’s richest men, and Erick Thohir, an Indonesian government minister.

    “This is not about business — it is a targeted campaign to undermine West Papua’s international connections. The Indonesian Embassy has sponsored the Cowley Road Carnival and attempted to ban displays of the Morning Star, our national flag.

    “They have called a bomb threat in on our office and lobbied to have my Freedom of the City award revoked. Indonesia is using every dirty trick they have in order to destroy my connection with this city.”

    Wenda said Indonesia was a poor country, and he blamed the fact that West Papua was its poorest province on six decades of colonialism.

    “There are giant slums in Jakarta, with homeless people sleeping under bridges. So why are they pouring money into Oxford, one of the wealthiest cities in Europe?” Wenda said.

    “The UK has been my home ever since I escaped an Indonesian prison in the early 2000s. My family and I have been welcomed here, and it will continue to be our home until my country is free and we can return to West Papua.”

    This post was originally published on Asia Pacific Report.

  • NZ’s Treaty Principles Bill ‘inviting civil war’, says former PM Shipley

    RNZ News

    A former New Zealand prime minister, Dame Jenny Shipley, has warned the ACT Party is “inviting civil war” with its attempt to define the principles of the 1840 Te Tiriti o Waitangi in law.

    The party’s controversial Treaty Principles Bill passed its first reading in Parliament on Thursday, voted for by ruling coalition members ACT, New Zealand First and National.

    National has said its MPs will vote against it at the second reading, after only backing it through the first as part of the coalition agreement with ACT.

    Voting on the bill was interrupted when Te Pāti Māori’s Hauraki Waikato MP Hana-Rāwhiti Maipi-Clarke tore up a copy of the bill and launched into a haka, inspiring other opposition MPs and members of the public gallery to join in.

    Dame Jenny, who led the National Party from 1997 until 2001 and was prime minister for two of those years, threw her support behind Maipi-Clarke.

    “The Treaty, when it’s come under pressure from either side, our voices have been raised,” she told RNZ’s Saturday Morning.

    “I was young enough to remember Bastion Point, and look, the Treaty has helped us navigate. When people have had to raise their voice, it’s brought us back to what it’s been — an enduring relationship where people then try to find their way forward.

    “And I thought the voices of this week were completely and utterly appropriate, and whether they breach standing orders, I’ll put that aside.

    “The voice of Māori, that reminds us that this was an agreement, a contract — and you do not rip up a contract and then just say, ‘Well, I’m happy to rewrite it on my terms, but you don’t count.’

    Te Pāti Māori MP Hana-Rawhiti Maipa-Clarke led a haka in Parliament after the first reading of the Treaty Principles Bill
    Te Pāti Māori MP Hana-Rāwhiti Maipa-Clarke led a haka in Parliament and tore up a copy of the Treaty Principles Bill at the first reading in Parliament on Thursday . . . . a haka is traditionally used as an indigenous show of challenge, support or sorrow. Image: RNZ/Samuel Rillstone

    “I would raise my voice. I’m proud that the National Party has said they will not be supporting this, because you cannot speak out of both sides of your mouth.

    “And I think any voice that’s raised, and there are many people — pākeha and Māori who are not necessarily on this hikoi — who believe that a relationship is something you keep working at. You don’t just throw it in the bin and then try and rewrite it as it suits you.”

    Her comments come after Prime Minister Christopher Luxon called the bill “simplistic” and “unhelpful”, and former Treaty Negotiations Minister Chris Finlayson — who negotiated more settlements than any other — said letting it pass its first reading would do “great damage” to National’s relationship with Māori.


    The Treaty Principles Bill reading vote.    Video: RNZ News

    Dame Jenny said past attempts to codify Treaty principles in law had failed.

    “While there have been principles leaked into individual statutes, we have never attempted to — in a formal sense — put principles in or over top of the Treaty as a collective. And I caution New Zealand — the minute you put the Treaty into a political framework in its totality, you are inviting civil war.

    “I would fight against it. Māori have every reason to fight against it.

    “This is a relationship we committed to where we would try and find a way to govern forward. We would respect each other’s land and interests rights, and we would try and be citizens together — and actually, we are making outstanding progress, and this sort of malicious, politically motivated, fundraising-motivated attempt to politicise the Treaty in a new way should raise people’s voices, because it is not in New Zealand’s immediate interest.

    “And you people should be careful what they wish for. If people polarise, we will finish up in a dangerous position. The Treaty is a gift to us to invite us to work together. And look, we’ve been highly successful in doing that, despite the odd ruction on the way.”

    She said New Zealand could be proud of the redress it had made to Māori, “where we accepted we had just made a terrible mess on stolen land and misused the undertakings of the Treaty, and we as a people have tried to put that right”.

    “I just despise people who want to use a treasure — which is what the Treaty is to me — and use it as a political tool that drives people to the left or the right, as opposed to inform us from our history and let it deliver a future that is actually who we are as New Zealanders . . .  I condemn David Seymour for his using this, asking the public for money to fuel a campaign that I think really is going to divide New Zealand in a way that I haven’t lived through in my adult life. There’s been flashpoints, but I view this incredibly seriously.”

    ‘Equal enjoyment of the same fundamental human rights’
    In response, David Seymour said the bill actually sought to “solve” the problem of “treating New Zealanders based on their ethnicity”.

    “Te Pāti Māori acted in complete disregard for the democratic system of which they are a part during the first reading of the bill, causing disruption, and leading to suspension of the House.

    “The Treaty Principles Bill commits to protecting the rights of everyone, including Māori, and upholding Treaty settlements. It commits to give equal enjoyment of the same fundamental human rights to every single New Zealander.

    “The challenge for people who oppose this bill is to explain why they are so opposed to those basic principles.”

    On Thursday, following the passing of the bill’s first reading, he said he was looking forward to seeing what New Zealanders had to say about it during the six-month select committee process.

    “The select committee process will finally democratise the debate over the Treaty which has until this point been dominated by a small number of judges, senior public servants, academics, and politicians.

    “Parliament introduced the concept of the Treaty principles into law in 1975 but did not define them. As a result, the courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights. Those actions include co-governance in the delivery of public services, ethnic quotas in public institutions, and consultation based on background.

    “The principles of the Treaty are not going away. Either Parliament can define them, or the courts will continue to meddle in this area of critical political and constitutional importance.

    “The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.”

    He said the bill in no way would alter or amend the Treaty itself.

    “I believe all New Zealanders deserve tino rangatiratanga — the right to self-determination. That all human beings are alike in dignity. The Treaty Principles Bill would give all New Zealanders equality before the law, so that we can go forward as one people with one set of rights.”

    The Hīkoi today was in Hastings, on its way to Wellington, where it is expected to arrive on Monday.

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

    This post was originally published on Asia Pacific Report.

  • NZ’s Treaty Principles Bill haka highlights tensions between Māori tikanga and rules of Parliament

    By Lillian Hanly, RNZ News political reporter, Craig McCulloch, RNZ deputy political editor, and Te Manu Korihi

    Te Pāti Māori’s extraordinary display of protest — interrupting the first vote on the Treaty Principles Bill — has highlighted the tension in Aotearoa New Zealand between Māori tikanga, or customs, and the rules of Parliament.

    When called on to cast Te Pāti Māori’s vote, its MP Hana-Rawhiti Maipi-Clarke instead launched into a haka, ripping a copy of the legislation in half.

    She was joined by other opposition MPs and onlookers, prompting Speaker Gerry Brownlee to temporarily suspend Parliament and clear out the public gallery.

    Brownlee subsequently censured Maipi-Clarke, describing her conduct as “appallingly disrespectful” and “grossly disorderly”.

    Maipi-Clarke was named and suspended, barring her from voting or entering the debating chamber for a 24-hour period. She also had her pay docked.


    Te Pāti Māori about to record their vote.   Video: RNZ/Parliament
    ‘Ka mate, ka mate’ – when is it appropriate to perform haka?

    The Ngāti Toa haka performed in Parliament was the well-known “Ka mate, Ka mate,” which tells the story of chief Te Rauparaha who was being chased by enemies and sought shelter where he hid. Once his enemies left he came out into the light.

    Ngāti Toa chief executive and rangatira Helmut Modlik told RNZ the haka was relevant to the debate. He said the bill had put Māori self-determination at risk – “ka mate, ka mate” – and Māori were reclaiming that – “ka ora, ka ora”.

    Haka was not governed by rules or regulation, Modlik said. It could be used as a show of challenge, support or sorrow.

    “In the modern setting, all of these possibilities are there for the use of haka, but as an expression of cultural preferences, cultural power, world view, ideas, sounds, language – it’s rather compelling.”

    Modlik acknowledged that Parliament operated according to its own conventions but said the “House and its rules only exist because our chiefs said it could be here”.

    “If you’re going to negate . . .  the constitutional and logical basis for your House being here . . . with your legislation, then that negates your right to claim it as your own to operate as you choose.”

    He argued critics were being too sensitive, akin to “complaining about the grammar being used as people are crying that the house is on fire”.

    “The firemen are complaining that they weren’t orderly enough,” Modlik said. “They didn’t use the right words.”

    Robust response expected
    Modlik said Seymour should expect a robust response to his own passionate performance and theatre: “That’s the Pandora’s Box he’s opening”.

    Following the party’s protest yesterday, Te Pāti Māori co-leader Rawiri Waititi told reporters “everyone should be proud to see [the haka] in its true context.”

    “We love it when the All Blacks do it, but what about when the ‘blackies’ do it?” he said.

    Today, speaking to those gathered for the Hīkoi mō te Tiriti in Rotorua, Waititi said the party used “every tool available to us to use in the debates in that House”.

    “One of those tools are the Māori tools we take from our kete, which is haka, which is waiata, which is pōkeka — all of those things that our tīpuna have left us. Those are natural debating tools on the marae.”

    What does Parliament’s rulebook have to say?
    Parliament is governed by its own set of rules known as Standing Orders and Speakers’ Rulings. They endow the Speaker with the power and responsibility to “maintain order and decorum” in the House.

    The rules set out the procedures to be followed during a debate and subsequent vote. MPs are banned from using “offensive or disorderly words” or making a “personal reflection” against another member.

    MPs can also be found in contempt of Parliament if they obstruct or impede the House in the performance of its functions.

    Examples of contempt include assaulting, threatening or obstructing an MP, or “misconducting oneself” in the House.

    Under Standing Orders, Parliament’s proceedings can be temporarily suspended “in the case of any grave disorder arising in committee”.

    The Speaker may order any member “whose conduct is highly disorderly” to leave the chamber. For example, Brownlee ejected Labour MP Willie Jackson when he refused to apologise for calling Seymour a liar.

    The Speaker may also “name” any member “whose conduct is grossly disorderly” and then call for MPs to vote on their suspension, as occurred in the case of Maipi-Clarke.

    Members of the public gallery can also be required to leave if they interrupt proceedings or “disturb or disrupt the House”.

    ‘Abusing tikanga of Parliament’
    Seymour has previously criticised Te Pāti Māori for abusing the “the tikanga of Parliament,” and on Thursday he called for further consequences.

    “The Speaker needs to make it clear that the people of New Zealand who elect people to this Parliament have a right for their representative to be heard, not drowned out by someone doing a haka or getting in their face making shooting gestures,” Seymour said.

    Former Speaker Sir Lockwood Smith told RNZ the rules existed to allow rational and sensible debate on important matters.

    “Parliament makes the laws that govern all our lives, and its performance and behaviour has to be commensurate with that responsibility.

    “It is not just a stoush in a pub. It is the highest court in the land and its behaviour should reflect that.”

    Sir Lockwood said he respected Māori custom, but there were ways that could be expressed within the rules. He said he was also saddened by “the venom directed personally” at Seymour.

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

    This post was originally published on Asia Pacific Report.

  • Hīkoi day five: 10,000 join as Treaty bill protest halts traffic in Rotorua

    RNZ News

    An estimated 10,000 people have marched through Rotorua today as part of Hīkoi mō te Tiriti protesting against the controversial Treaty Principles Bill.

    Due to the size of the group, Fenton Street was blocked temporarily as the Hīkoi went through, police said.

    It is anticipated that this afternoon the main Hīkoi will travel via Taupō to Hastings, where participants will stay overnight.

    Meanwhile, in Gisborne, a smaller hīkoi of around 80 people left Te Poho-O-Rāwiri Marae this morning heading south, accompanied by several vehicles.

    There have been no problems reported at any of these locations.

    Hīkoi activation events have now concluded for Te Waipounamu South Island ahead of their convoy to Parliament.

    Tuesday, November 19 will mark day 10 of the Hīkoi mō te Tiriti and kotahitanga o Ngā Iwi ki Waitangi Park — everyone will meet at Waitangi Park on Wellington’s waterfont before walking to the steps of the parliamentary Beehive.

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


    Hīkoi treaty bill protest heads south from Rotorua. Video: RNZ News

    This post was originally published on Asia Pacific Report.

  • NZ’s Treaty Principles Bill is already straining social cohesion – a referendum could be worse

    ANALYSIS: By Alexander Gillespie, University of Waikato and Claire Breen, University of Waikato

    With the protest hīkoi from the Far North moving through Rotorua on its way to Wellington, it might be said ACT leader David Seymour has been granted his wish of generating an “important national conversation about the place of the Treaty in our constitutional arrangements”.

    Timed to coincide with the first reading of the contentious Principles of the Treaty of Waitangi Bill yesterday — it passed with a vote of 68-55, the hīkoi and other similar protests are a response to what many perceive as a fundamental threat to New Zealand’s fragile constitutional framework.

    With no upper house, nor a written constitution, important laws can be fast-tracked or repealed by a simple majority of Parliament.

    As constitutional lawyer and former prime minister Geoffrey Palmer has argued about the current government’s legislative style and speed, the country “is in danger of lurching towards constitutional impropriety”.

    Central to this ever-shifting and contested political ground is te Tiriti o Waitangi/Treaty of Waitangi. For decades it has been woven into the laws of the land in an effort to redress colonial wrongs and guarantee a degree of fairness and equity for Māori.

    There is a significant risk the Principles of the Treaty of Waitangi Bill would undermine these achievements, as it attempts to negate recognised rights within the original document and curtail its application in a modern setting.

    But while the bill is almost guaranteed to fail because of the other coalition parties’ refusal to support it beyond the select committee, there is another danger. Contained in an explanatory note within the bill is the following clause:

    The Bill will come into force if a majority of electors voting in a referendum support it. The Bill will come into force 6 months after the date on which the official result of that referendum is declared.

    Were David Seymour to argue his bill has been thwarted by the standard legislative process and must be advanced by a referendum, the consequences for social cohesion could be significant.

    The referendum option
    While the bill would still need to become law for the referendum to take place, the option of putting it to the wider population — either as a condition of a future coalition agreement or orchestrated via a citizens-initiated referendum — should not be discounted.

    One recent poll showed roughly equal support for and against a referendum on the subject, with around 30 percent undecided. And Seymour has had success in the past with his End of Life Choice Act referendum in 2020.

    He will also have watched the recent example of Australia’s Voice referendum, which aimed to give a non-binding parliamentary voice to Indigenous communities but failed after a heated and divisive public debate.

    The lobby group Hobson’s Pledge, which opposes affirmative action for Māori and is led by former ACT politician Don Brash, has already signalled its intention to push for a citizens-initiated referendum, arguing: “We need to deliver the kind of message that the Voice referendum in Australia delivered.”

    The Treaty and the constitution
    ACT’s bill is not the first such attempt. In 2006, the NZ First Party — then part of a Labour-led coalition government — introduced the Principles of the Treaty of Waitangi Deletion Bill.

    That bill failed, but the essential argument behind it was that entrenching Treaty principles in law was “undermining race relations in New Zealand”. However, ACT’s current bill does not seek to delete those principles, but rather to define and restrain them in law.

    This would effectively begin to unpick decades of careful legislative work, threaded together from the deliberations of the Waitangi Tribunal, the Treaty settlements process, the courts and Parliament.

    As such, in mid-August the Tribunal found the first iteration of ACT’s bill

    would reduce the constitutional status of the Treaty/te Tiriti, remove its effect in law as currently recognised in Treaty clauses, limit Māori rights and Crown obligations, hinder Māori access to justice, impact Treaty settlements, and undermine social cohesion.

    In early November, the Tribunal added:

    If this Bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times. If the Bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty/te Tiriti.

    Social cohesion at risk
    Similar concerns have been raised by the Ministry of Justice in its advice to the government. In particular, the ministry noted the proposal in the bill may negate the rights articulated in Article II of the Treaty, which affirms the continuing exercise of tino rangatiratanga (self-determination):

    Any law which fails to recognise the collective rights given by Article II calls into question the very purpose of the Treaty and its status in our constitutional arrangements.

    The government has also been advised by the Ministry of Justice that the bill may lead to discriminatory outcomes inconsistent with New Zealand’s international legal obligations to eliminate discrimination and implement the rights of Indigenous peoples.

    All of these issues will become heightened if a referendum, essentially about the the removal of rights guaranteed to Māori in 1840, is put to the vote.

    Of course, citizens-initiated referendums are not binding on a government, but they carry much politically persuasive power nonetheless. And this is not to argue against their usefulness, even on difficult issues.

    But the profound constitutional and wider democratic implications of the Principles of the Treaty of Waitangi Bill, and any potential referendum on it, should give everyone pause for thought at this pivotal moment.The Conversation

    Dr Alexander Gillespie is professor of law, University of Waikato and Claire Breen is professor of Law, University of Waikato. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

    This post was originally published on Asia Pacific Report.

  • Hīkoi day four: Setting off from Huntly on way to Wellington – bill reading

    RNZ News

    Thousands of people are continuing their North Island hīkoi as the legislation they are protesting against, the Treaty Principles Bill, gets its first reading in Parliament today.

    The hīkoi enters day four and headed off from Huntly, destined for Rotorua today, after it advanced through Auckland Tāmaki Makaurau yesterday.

    Traffic was at a standstill in Kirikiriroa Hamilton and the hīkoi has filled the road from one side to the other.

    Meanwhile, members of the King’s Counsel, some of New Zealand’s most senior legal minds, say the controversial bill “seeks to rewrite the Treaty itself” and are calling on the prime minister and the coalition government to “act responsibly now and abandon” it.

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

    This post was originally published on Asia Pacific Report.

  • West Papuan leader makes ‘raise our banned flag’ plea over new threat

    Asia Pacific Report

    An exiled West Papuan leader has called on supporters globally to show their support by raising the Morning Star flag — banned by Indonesia — on December 1.

    “Whether in your house, your workplace, the beach, the mountains or anywhere else, please raise our flag and send us a picture,” said United Liberation Movement for West Papua (ULMWP) interim president Benny Wenda.

    “By doing so, you give West Papuans strength and courage and show us we are not alone.”

    The plea came in response to a dramatic step-up in military reinforcements for the Melanesian region by new President Prabowo Subianto, who was inaugurated last month, in an apparent signal for a new crackdown on colonised Papuans.

    January 1 almost 63 years ago was when the Morning Star flag of independence was flown for the first time in the former Dutch colony. However, Indonesia took over in a so-called “Act of Free Choice” that has been widely condemned as a sham.

    “The situation in occupied West Papua is on a knife edge,” said the UK-based Wenda in a statement on the ULMWP website.

    He added that President Prabowo had announced the return of a “genocidal transmigration settlement policy”.

    Indigenous people a minority
    “From the 1970s, transmigration brought hundreds of thousands of Javanese settlers into West Papua, ultimately making the Indigenous people a minority in our own land,” Wenda said.

    “At the same time, Prabowo [is sending] thousands of soldiers to Merauke to safeguard the destruction of our ancestral forest for a set of gigantic ecocidal developments.

    “Five million hectares of Papuan forest are set to be ripped down for sugarcane and rice plantations.

    “West Papuans are resisting Prabowo’s plan to wipe us out, but we need all our supporters to stand beside us as we battle this terrifying new threat.”

    The Morning Star is illegal in West Papua and frequently protesters who have breached this law have faced heavy jail sentences.

    “If we raise [the flag], paint it on our faces, draw it on a banner, or even wear its colours on a bracelet, we can face up to 15 or 20 years in prison.

    “This is why we need people to fly the flag for us. As ever, we will be proudly flying the Morning Star above Oxford Town Hall. But we want to see our supporters hold flag raisings everywhere — on every continent.

    ‘Inhabiting our struggle’
    “Whenever you raise the flag, you are inhabiting the spirit of our struggle.”

    Wenda appealed to everyone in West Papua — “whether you are in the cities, the villages, or living as a refugee or fighter in the bush” — to make December 1 a day of prayer and reflection on the struggle.

    “We remember our ancestors and those who have been killed by the Indonesian coloniser, and strengthen our resolve to carry on fighting for Merdeka — our independence.”

    Wenda said the peaceful struggle was making “great strides forward” with a constitution, a cabinet operating on the ground, and a provisional government with a people’s mandate.

    “We know that one day soon the Morning Star will fly freely in our West Papuan homeland,” he said.

    “But for now, West Papuans risk arrest and imprisonment if we wave our national flag. We need our supporters around the world to fly it for us, as we look forward to a Free West Papua.”

    This post was originally published on Asia Pacific Report.