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New Zealand Yearbook of International Law |
Last Updated: 8 July 2015
THE PACIFIC ISLANDS FORUM 2011
AH
Angelo*
Amid much fanfare the 42nd Pacific Islands Forum was held in Auckland on
7 and 8 September 2011. It was also the 40th birthday of
the Pacific Islands
Forum; memorable because the first gathering had been held in New Zealand in
1971. All Forum members had high-level
representation, absent
Fiji.1
This Forum had added profile because of the
attendance of the Secretary-General of the United Nations and the
Secretary-General
of the Commonwealth and other world leaders not typically at
Forum meetings. What attracted these world figures was not immediately
clear,
but the focus of the Secretary-General of the United Nations at least was on
environmental matters and his attendance in Auckland
came at the end of a
Pacific tournee which included Kiribati and Solomon Islands. Some of that focus
could be seen to relate to Pacific
and world interests in the Climate Change
Conference which was held in Durban, South Africa in November-December
2011.
In addition to the fanfare there was a backdrop, some of it
predictable, of media comment relating to the independence aspirations
of French
Polynesia, the self-determination aspirations of the people of West Papua, and
the continued suspension of Fiji from Forum
meetings. Particularly topical and
significant for several Forum members was the recent High Court of Australia
decision in Plaintiff M70/2011 v Minister for Immigration and
Citizenship2 which strongly denounced the Australian
Government’s plans for offshore processing of refugees. That judgment
precluded (at
least without legislative intervention) the planned Malaysian
solution to Australia’s refugee problems. Consequentially, it
also raised
questions about the Pacific solution which had previously involved Papua New
Guinea and Nauru. Little if anything of
these matters is reflected in the Forum
Communiqué.3
Before the Forum began, there was the
traditional meeting of the Smaller Island States (SIS)4 leaders.
After the Forum closed on 8 September 2011, there was the Post Forum Dialogue
– the opportunity for Forum states and
others to engage with the 13 formal
Forum dialogue partners, and for any other states which chose to engage with the
Forum countries.
This year, in addition to the formal partners,5
there is evidence of the involvement of Finland, Hungary, Luxembourg and
Bhutan.6
Any attention that the Forum attracted was quickly distracted by the
Rugby World Cup festivities, which began in Auckland in the evening
of 9
September.
There is little or no evidence in the Forum
Communiqué of any outcome of legal significance from the Forum. The
Communiqué
records discussion of the regular topics: fisheries, transport
and energy, tourism, climate change, health, sport, Fiji and the Regional
Assistance Mission to Solomon Islands. Trade received some particular focus
because of the “Private Sector Dialogue”7 which had taken
place with Pacific business representatives and the concern to complete the
Economic Partnership Agreement arrangements
with the European Union (EU) in
2012.8 The Forum indicated a priority for discussions on the Pacific
Island Countries Trade Agreement and the Pacific Agreement on Closer
Economic
Relations Plus (PACER Plus). It was in this context that democratic
idealism gave way to economic pragmatism with
the agreement to permit Fiji to
participate in PACER Plus meetings at the official level.9 The
Pacific Plan got barely three paragraphs of mention.10
The
position of Secretary-General of the Forum Secretariat was considered as an item
of business and Tuiloma Neroni Slade was reappointed
as Secretary- General for a
further term of three years.11
In paragraph 50 of the
Communiqué it is recorded that the “Leaders reaffirmed their strong
and unanimous support for
Australia’s candidature for the UNSC for the
term 2013-2014, and New Zealand’s candidature for the term
2015-2016.”
Of greater potential, and legal significance, was
the exhortation in paragraph 47 of the Communiqué to Forum members to
ratify the 2005 Agreement on the Pacific Islands Forum as soon as
possible.12
With the business agenda completed, delegates could
look forward to the spectacle of the Rugby World Cup and to meeting again at
the Forum in the Cook Islands in 2012.13
* Professor
of Law, Victoria University of Wellington, New Zealand.
1 Two associate members (New Caledonia and French Polynesia) and eight
observers including Timor-Leste, Tokelau and Wallis and Futuna
were also
present.
2 Plaintiff M70/2011 v Minister for Immigration and Citizenship
and Plaintiff M106 of 2011 by His Litigation Guardian, Plaintiff M70/2011
v
Minister for Immigration and Citizenship & Anor Defendants [2011] HCA 32; (2011) 280
ALR 18.
3 Forty-Second Pacific Islands Forum “Forum
Communiqué” (Press Release, 8 September 2011).
4 The Smaller
Islands States include the Cook Islands, Kiribati, Nauru, Niue, Palau, Republic
of the Marshall Islands and Tuvalu.
5 There are currently thirteen partners:
Canada, People’s Republic of China, European Union, France, India,
Indonesia, Italy,
Japan, Republic of Korea, Malaysia, Philippines, Thailand,
United Kingdom and the United States. See Pacific Islands Forum Secretariat
<www.forum. forumsec.orgs./>.
6 Simon Cullen “Powerful diplomacy
behind Pacific Islands Forum meeting” (12 September 2011) ABC Radio
Australia <www.radioaustralia.net.au>.
7
Forum Communiqué, above n 3, at [4].
8 Ibid. at [13].
9 Ibid. at
[34].
10 Ibid. at [18]-[19].
11 Ibid. at [57].
12 Determining which
states have ratified is difficult. It is clear that Australia, New Zealand and
Vanuatu have ratified; for further
information see Anthony Angelo “The UN
Charter and Regional Security: Is the PIF a regional organisation?” in
Kennedy
Graham (ed) Models of Regional Governance for the Pacific –
Sovereignty and the future architecture of regionalism (Canterbury
University Press, Christchurch, 2008) 61 at 63 and 65.
13 After the
Forum, it was announced that Samoa would host a meeting of Polynesian country
leaders in Samoa in November 2011
to consider taking further the idea of a
Polynesian network group; see Radio New Zealand International "Polynsian
countries
to form new group" (11 September 2011) <wvvw.rnzi.com>.
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