Fact-finding mission to Nauru says rule of law is intact

Transcript

A Commonwealth fact-finding mission to Nauru has concluded that the rule of law is intact, despite wide-ranging condemnation by former jurists.

The opposition MP Roland Kun had his passport canceled and the court has thrown out his application.

He hasn't been charged, but four other MPs are in court, charged in relation to a protest outside parliament in June.

Last week the Commonwealth Secretariat sent its Pacific representative Albert Mariner, and the Solomon Islands Foreign Minister, Milner Tozaka, to report on the situation.

Milner Tozaka told Alex Perrottet he's happy with progress on the island.

MILNER TOZAKA: Well the findings actually is that the due process is going on, the rule of law is being respected. The court has ruled that the suspension of the five MPs followed the parliamentary process, and the parliamentary is the master of its own destiny. We also, our findings review for the Member of Parliament whose passport was canceled following their alleged role of the planning of the violent protest in parliament has taken the matter to court, and this process is ongoing.

ALEX PERROTTET: To conclude that the rule of law is in tact, Mr Kun has not been charged with any crime in relation to that protest, despite Mr Adeangs representations to the UN, and he has had his passport canceled and the government has delayed with procedural matters that are observed by many, including former chief justices and resident magistrates of the country to be vindictive. He can't get back to see his family, and only five days ago his application was thrown out due to being out of time. And your conclusion to the Commonwealth Secretariat is that rule of law is in tact?

MILNER TOZAKA: Well they have a chief justice there now, they have appointed a chief justice, we spoke with him. And they have allowed the opposition to be represented in the court.

ALEX PEROTTET: Well they have only allowed Roland Kun to have representation at the eleventh hour, the day before his application for a new passport was thrown out of court. If that's not a cynical move, you'd have to be willfully blind, surely.

MILNER TOZAKA: Well, I'm not going to delve into those issues Alex. I'll just report what has happened in our room during our meetings with them, and to report back to the Commonwealth.

 ALEX PERROTTET: Did you interview any other opposition MPs besides Mr Kun?

MILNER TOZAKA: The only one we came across is Mr Kun.

ALEX PERROTTET: Why was that? Why wasn't there an effort to go and seek out other opposition voices?

MILNER TOZAKA: Well let me tell you it this way. We have no objections to that, if other oppositions avail themselves to meet them.

ALEX PERROTTET: I spoke to an opposition MP this morning that said he only found out today that you had visited. So, surely the onus was on you to seek them out?

MILNER TOZAKA: Well I didn't find them. If they avail themselves I will meet them. Surely they knew that my visit was there...

ALEX PEROTTET: They didn't.

MILNER TOZAKA: ...If they are interested to see what happened to Mr Kun. Roland Kun, he is a very nice, good guy. He came forward and he said, "Look, I'm Mr Roland Kun." He make himself available, he came out openly, and that is good because the visit was very much in the spirit of healthy and constructive engagement.

ALEX PERROTTET: So you're saying if Mr Kun had not come forward to introduce himself, you would not have had one opposition voice?

MILNER TOZAKA: No. I made the appointment but we have to have a balanced assessment findings from this one.

ALEX PEROTTET: How balanced do you think this is, with all the government's voices, and one opposition MP?

MILNER TOZAKA: Well the balance would be that we listened to the government, and what the government says. And if we listen to the government and the government is in control, they are doing things according to the law, according to the procedures and the systems, that's the government. The government is in tact.

ALEX PERROTTET: Do you think the Commonwealth Secretariat would be concerned if an MP in Nauru was basically in limbo, and couldn't leave the country without any charges against him?

MILNER TOZAKA: They would be concerned of course. But if the government is in tact, and the judiciary and the three arms of the government are there - the judiciary, executive, and the legislature is there - so it is...

ALEX PERROTTET: Yes, Mr Tozaka, I'm just putting it to you that the reasonable man on the street would have the opinion that you're ignoring a swathe of evidence that's been in the media and international reports over the last year about the breakdown of the rule of law. It seems that even despite visiting the country, you're still blind to that.

MILNER TOZAKA: See what we're trying to do as well Alex, we suggested to Roland Kun and his excellency the President, the only thing that remains for them Alex, is for them to just knock on each others door and say, "Look, President, I am a member of the opposition but I am also related to you..."

ALEX PERROTTET: Can't you see Mr Tozaka that this is a laughable suggestion that they just talk? We're talking about a vendetta that has been waged by Mr Adeang against Mr Kun and the other members of the opposition. And you're suggesting that he goes and has a chat to the President about this. The very thing that kicked this off, was an attempt by opposition MPs to chat with the government about their suspension in June, there was a protest and the government has called that a violent riot and used it to basically keep them out of parliament, stopped them representing their people, and stopped them leaving the country. You're not concerned about this?

MILNER TOZAKA: No, I'm concerned about that, as the rule of law. But I'm saying on the other hand, what I'm saying is, are other avenues that can be looked at? As people, in a Pacific Island way, in a Pacific Island culture, is there other ways of approaching these things, you know? How do we reconcile each other?