Regional Assistance Mission to Solomon Islands
The Regional Assistance Mission to Solomon Islands known as Operation Helpem Fren and Operation Anode, was created in 2003 in response to a request for international aid by the Governor-General of Solomon Islands. Helpem Fren means "help a friend" in Solomon Islands Pidgin; the mission ended on 30 June 2017. Deep seated problems of land alienation dating from colonialism, unresolved after independence, have led to a number of compensation claims on land use. "The Honiara Peace Accord, signed by the warring parties, the government and the Commonwealth Special Envoy recognised several root causes of the conflict: Land demands – Guadalcanal leaders wanted all alienated land titles, leased to government and to individual developers, to be returned to landowners. Political demands – Guadalcanal wanted the establishment of a state government in order to have control over: the sale or use of local land. Compensation demands – Guadalcanal wanted payment for the lives of its indigenous people, who have been brutally murdered for their lands or for other reasons."The warring parties mentioned were the Solomon Islands Government, the Isatabu Freedom Movement and the Malaita Eagle Force led by, among others, Jimmy Rasta and Harold Keke.
A sizeable international security contingent of 2,200 police and troops, led by Australia and New Zealand, with representatives from about six other Pacific nations began arriving on 24 July 2003. Nick Warner assumed the role of Special Coordinator as leader of RAMSI, working with the Solomon Islands Government and assisted by a New Zealand Deputy Special Coordinator, Peter Noble, Fijian Assistant Special Coordinator, Sekove Naqiolevu. Major contributing nations to RAMSI include Australia, New Zealand, Papua New Guinea, Tonga. Pacific countries contribute to RAMSI including Cook Islands, Federated States of Micronesia, Kiribati, Marshall Islands, Niue, Papua New Guinea, Tonga and Vanuatu. Personnel from the Pacific countries are predominantly police officers served as part of RAMSI's Participating Police Force; the commander of "Combined Task Force 635" – the military element of the Mission – was Lieutenant Colonel John Frewen, commanding officer of the 2nd Battalion, Royal Australian Regiment, the deputy commander Major Vern Bennett, New Zealand Army, from Linton.
The Land Component included HQ 2 RAR from Townsville, 200 Australian infantry from 2 RAR, a Fijian rifle company from 3 Fiji Infantry Regiment, Queen Elizabeth Bks, a Pacific Islands Company, under an Australian Company commander, with Tongan, PNG, Australian rifle platoons. Supporting elements included eight Iroquois Helicopters, four each from 3 SQN, Royal New Zealand Air Force and 171 Operational Support Squadron, Australian Army, a PNG engineer troop, New Zealand engineer and medical elements, an Australian Combat Service Support Team, with some personnel from Army level troops from Sydney plus logistics personnel from New Zealand, four Australian Project Nervana Unmanned Aerial Vehicles for surveillance. In 2004, James Batley took over as Special Coordinator, followed by Tim George in late 2006. In 2005 New Zealander Paul Ash became Deputy Special Coordinator, followed by Dr Jonathan Austin in 2007. Mataiasi Lomaloma succeeded Naqiolevu as Assistant Special Coordinator in late 2005. Military personnel provide security and logistical assistance to police forces assisting the Solomon Islands Government in the restoration of law and order.
From November 2003, the military component was reduced, as stability returned to the country, a sizeable civilian contingent, composed of economists, development assistance specialists and budget advisors commenced the reconstruction of the government and finances of the Solomon Islands. The civilian contingent is now made up of around 130 personnel from many pacific countries, the most sizeable being Australia and New Zealand. Early successes included the stabilisation of government finances and normalisation of debt, as well as a number of economic reforms. Civilians in RAMSI are now focussing on capacity building of Solomon Islanders to take over the roles. Difficulties include the lack of available skilled Solomon Islanders. Former Solomon Islands Prime Minister Manasseh Sogavare was outspoken in his criticism of RAMSI, which he accused of being dominated by Australia and of undermining the Solomons' sovereignty. By contrast, his successor Prime Minister Derek Sikua has stated he supports RAMSI, has criticised his predecessor, saying in January 2008: "I think for some time in the last 18 months, the Solomon Islands government was preoccupied with finding fault in RAMSI."
Sikua has stated: " provide leadership that will work with RAMSI to achieve stated and agreed objectives for the long-term benefit of Solomon Islands. RAMSI is here on our invitation. Is important to Solomon Islands as it provides security, development of our police service, the strengthening of the capacity of government institutions."Sikua has asked RAMSI to assist the Solomons' rural areas "in the health sector and in the education sector as well as in infrastructure and other sectors to do with income generation and economic activities". A documentary film about the tension times and the RAMSI intervention was filmed in 2013, directed by Michael Bainbridge and Mark Power. In the early hours
Ajilon Jasper Nasiu
Ajilon Jasper Nasiu is a politician of Solomon Islands who has served as sixth Speaker of the National Parliament of Solomon Islands since 17 December 2014. Before assuming this post, he had been a Provincial Premier for Bellona Province. Ajilon Jasper Nasiu met with president Tsai Ing-wen of Taiwan in January 31, 2018
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary can be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary does not make statutory law or enforce law, but rather interprets law and applies it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow; this branch of the state is tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.
For a people to establish and keep the'Rule of Law' as the operative norm in social constructs great care must be taken in the election or appointment of unbiased and thoughtful legal scholars whose loyalty to an oath of office is without reproach. If law is to govern and find acceptance courts must exercise fidelity to justice which means affording those subject to its jurisdictional scope the greatest presumption of inherent cultural relevance within this framework. In the US during recent decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation". Since many countries with transitional political and economic systems continue treating their constitutions as abstract legal documents disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches have begun to grow. In the 1980s, the Supreme Court of India for a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a broad interpretation of several articles of the Indian Constitution.
Budget of the judiciary in many transitional and developing countries is completely controlled by the executive. This undermines the separation of powers, as it creates a critical financial dependence of the judiciary; the proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state, the private; the term "judiciary" is used to refer collectively to the personnel, such as judges and other adjudicators, who form the core of a judiciary, as well as the staffs who keep the system running smoothly. In some countries and jurisdictions, judiciary branch is expanded to include additional public legal professionals and institutions such as prosecutors, state lawyers, public notaries, judicial police service and legal aid officers; these institutions are sometimes governed by the same judicial administration that governs courts, in some cases the administration of the judicial branch is the administering authority for private legal professions such as lawyers and private "notary" offices.
After the French Revolution, lawmakers stopped interpretation of law by judges, the legislature was the only body permitted to interpret the law. In civil law juridictors at present, judges interpret the law to about the same extent as in common law jurisdictions – however it is different from the common law tradition which directly recognizes the limited power to make law. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law. However, the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for the common law doctrine of stare decisis, however, "a series of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeals has explicitly noted that jurisprudence constante is a secondary source of law, which cannot be authoritative and does not rise to the level of stare decisis.
In common law jurisdictions, courts interpret law. They make law based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions; the term common law refers to this kind of law. In civil law jurisdictions, courts interpret the law, but are prohibited from creating law, thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a similar role to case law. In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws. State courts, which try 98 % of litigation, may have organization.
Sir Frank Utu Ofagioro Kabui, GCMG, CSI, OBE has been the Governor General of Solomon Islands since 7 July 2009. He is a trained judge, having been his country's first law graduate in 1975, is a former member of the Solomon Islands Bar Association, having twice served as its president. Kabui was born on 20 April 1946, he is Attorney General. He was twice elected President of the Solomon Islands Bar Association, the second time in 2007 to succeed Ranjit Hewagama, he was the first law graduate from the Solomon Islands, graduating from the University of Papua New Guinea in 1975. Kabui served as Chairman of the Law Reform Commission. Kabui was nominated by the National Parliament to become Governor General after the fourth round with thirty votes; the Chairman of the Public Service Commission, Edmund Andresen, received eight votes while Kabui's predecessor, Nathaniel Waena, received seven. Three members were not present; the list of candidates included former Prime Minister and current Speaker of Parliament Peter Kenilorea and five other candidates.
Following the completion of this nomination process in Parliament, the formal appointment as Governor-General was issued by Elizabeth II, Queen of the Solomon Islands. Kabui will serve for a five-year term, his election came. Kabui attended a ceremony at the Lawson Tama Stadium on 7 July 2009, where several thousand people saw him take his oath, he inspected a guard of honour by the Royal Solomon Islands Police and received the royal salute during a parade. On 8 July 2009 in Honiara, Kabui presented an award to athlete Jim Marau, Solomon Islands first South Pacific Games gold medallist, achieving this feat in 1975. Marau was awarded during the Independence Celebration in Lawson Tama. On 9 October 2009, Kabui was appointed a Knight Grand Cross of the Order of St Michael and St George
Head of government
Head of government is a generic term used for either the highest or second highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, who presides over a cabinet, a group of ministers or secretaries who lead executive departments. The term "head of government" is differentiated from the term "head of state", as they may be separate positions, individuals, or roles depending on the country; the authority of a head of government, such as a president, chancellor, or prime minister and the relationship between that position and other state institutions, such as the relation between the head of state and of the legislature, varies among sovereign states, depending on the particular system of the government, chosen, won, or evolved over time. In parliamentary systems, including constitutional monarchies, the head of government is the de facto political leader of the government, is answerable to one chamber or the entire legislature. Although there is a formal reporting relationship to a head of state, the latter acts as a figurehead who may take the role of chief executive on limited occasions, either when receiving constitutional advice from the head of government or under specific provisions in a constitution.
In presidential republics or in absolute monarchies, the head of state is usually the head of government. The relationship between that leader and the government, can vary ranging from separation of powers to autocracy, according to the constitution of the particular state. In semi-presidential systems, the head of government may answer to both the head of state and the legislature, with the specifics provided by each country's constitution. A modern example is the present French government, which originated as the French Fifth Republic in 1958. In France, the president, the head of state, appoints the prime minister, the head of government. However, the president must choose someone who can act as an executive, but who enjoys the support of the France's legislature, the National Assembly, in order to be able to pass legislation. In some cases, the head of state may represent one political party but the majority in the National Assembly is of a different party. Given that the majority party has greater control over state funding and primary legislation, the president is in effect forced to choose a prime minister from the opposition party in order to ensure an effective, functioning legislature.
In this case, known as cohabitation, the prime minister, along with the cabinet, controls domestic policy, with the president's influence restricted to foreign affairs. In directorial systems, the executive responsibilities of the head of government are spread among a group of people. A prominent example is the Swiss Federal Council, where each member of the council heads a department and votes on proposals relating to all departments. A common title for many heads of government is prime minister; this is used as a formal title in many states, but informally a generic term to describe whichever office is considered the principal minister under an otherwise styled head of state, as minister — Latin for servants or subordinates — is a common title for members of a government. Formally the head of state can be the head of government as well but otherwise has formal precedence over the Head of Government and other ministers, whether he is their actual political superior or rather theoretical or ceremonial in character.
Various constitutions use different titles, the same title can have various multiple meanings, depending on the constitutional order and political system of the state in question. In addition to prime minister, titles used for the democratic model, where there is an elected legislative body checking the Head of government, include the following; some of these titles relate to governments below the national level. Chancellor Chairman of the Executive Council Chief Minister Chief Executive First Minister Minister-President Premier President of the Council of Ministers President of the Council of State President of the Executive Council President of the Government Prime Minister State Counsellor State President Albanian: Kryeministër Bengali: For the Prime Minister of Bangladesh Pradan Mantri.
Truth and Reconciliation Commission (Solomon Islands)
The Solomon Islands Truth and Reconciliation Commission is a commission established by the government of Solomon Islands in September 2008. It has been formed to investigate the causes of the ethnic violence that gripped Solomon Islands between 1997 and 2003; the Truth and Reconciliation Commission is the first of its kind in the Pacific Islands region. The purpose of the Truth and Reconciliation Commission is to "address people's traumatic experiences during the five-year ethnic conflict on Guadalcanal", its goal is to promote national reconciliation. The members of the TRC will hear testimony from witnesses and victims of the violence, which killed over 100 people and displaced more than 20,000 internal refugees nationwide, it is modelled after the Truth and Reconciliation Commission of South Africa, chaired by Archbishop Desmond Tutu. Tutu, a Nobel Peace Prize recipient, has taken an active role in the establishment of the TRC in Solomon Islands. Solomon Islands descended into ethnic violence between 1997 and 2003.
Much of the violence was committed by rival ethnic gangs from the islands of Guadalcanal and Malaita. The gangs took advantage of ethnic tensions between Malaitan settlers on Guadalcanal and the island's indigenous residents; the Isatabu Freedom Movement, made up by indigenous residents of the island of Guadalcanal, fought for several years with the Malaita Eagle Force, a militia group consisting of residents and settlers from Malaita. The two groups fought for political power and land rights on the island of Guadalcanal; the violence was quelled by the Australian-led Regional Assistance Mission to Solomon Islands, invited into the country by the government of former Prime Minister Allan Kemakeza in 2003. RAMSI finalised operations in Solomon Islands as of 30 June 2017. In late August 2008, Sam Iduri, Minister for Peace and Reconciliation, introduced a Truth and Reconciliation Commission Bill to the National Parliament of Solomon Islands. In February 2009, it was reported that Archbishop Desmond Tutu, former chair of the Truth and Reconciliation Commission of South Africa, would visit the Solomons in April to assist in setting up the Commission.
Australia has contributed A$500,000 towards the establishment of the Truth and Reconciliation Commission. The Truth and Reconciliation Commission is composed of five members, three of which are citizens of the Solomon Islands, while two others were chosen from outside of the country. There are two women; the National Selection Committee was charged with choosing the five members of the TRC. The Chairman of the National Selection Committee, Chief Justice of the Solomon Islands Supreme Court Sir Albert Palmer, submitted the names of the proposed members to the Prime Minister of Solomon Islands on 22 April 2009, as required by the Truth and Reconciliation Act of 2008; the Prime Minister of Solomon Islands Derek Sikua announced the five members of the TRC on 27 April 2009, two days before the launch of the Commission. Sikua thanked the selection committee for working to choose the members of the commission. "I wish to thank our people for their participation and in thanking them, I wish to call on our people to help the Truth and Reconciliation Commission because without the Truth there can be no true reconciliation and thus no lasting national peace and healing."By law, the members of the TRC must begin their investigations within fourteen days of their appointment by Prime Minister Sikua.
The five members of the Truth and Reconciliation Commission are: Reverend Sam Ata of Malaita Province, Solomon Islands. George Kejoa of Guadalcanal, Solomon Islands. Caroline Laore of Western Province, Solomon Islands Ratu Joni Madraiwiwi of Fiji Sofia Macher, a human rights activist from Peru; the Commission was launched on 29 April 2009, at the Lawson Tama Stadium in Honiara, the capital of Solomon Islands. Thousands of Solomon Islanders attended the opening, which included a speech by Archbishop Desmond Tutu. Tutu spoke of the need for forgiveness in the country to achieve a long term, sustainable peace. Prime Minister Derek Sikua told the crowd that the TRC marked an important day in the history of Solomon Islands and the years of ethnic violence which engulfed the country, "The launching of the Commission is a vital part of the efforts as Solomon Islands continue to work towards closure of a most challenging chapter in the history of the country, when disputes led to conflict and conflict erupted into violence between communities."Tutu is hosting a conference called the Winds of Change, which will bring together former combatants from Malaita and Guadalcanal for reconciliation talks.
The Commission's first public hearings were held in March 2010, with victims called upon to describe their sufferings during the violence. The Commission explained that the aim of the process was to provide victims with an opportunity to be heard, "end th silence and make the whole country to give recognition to their sufferings": "Above all, it will help to restore the dignity of the victims, to retrieve the memory of those who were killed, to hear the voice of those who were humiliated and abused in countless ways." Victims were permitted to name groups, but not individuals. The Commission would not pass judgement, but treat the hearings as "moments to listen with respect and compassion"; the opening of the hearings was attended by Governor-General Frank Kabui, Prime Minister Derek Sikua, Speaker of Parliament Sir Peter Kenilorea and the Chief Justice. The Australian: Solomon Islands gets Desmond Tutu truth help Australian Broadcasting Corporation video on the beginning of the Commission's hearings, 10 March 2010
A Commonwealth realm is a sovereign state in which Queen Elizabeth II is the reigning constitutional monarch and head of state. Each realm is independent from the other realms; as of 2019, there are 16 Commonwealth realms: Antigua and Barbuda, The Bahamas, Belize, Grenada, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands and the United Kingdom. All 16 Commonwealth realms are members of the Commonwealth of Nations, an intergovernmental organisation of 53 member states. Elizabeth II is Head of the Commonwealth. In 1952, Britain's proclamation of Elizabeth II's accession used the term realms to describe the seven sovereign states of which she was queen—the United Kingdom, Australia, New Zealand, South Africa and Ceylon. Since new realms have been created through independence of former colonies and dependencies and some realms have become republics. There are 16 Commonwealth realms with a combined area of 18.7 million km2 and a population of 144 million, of which all but about two million live in the six most populous: the United Kingdom, Australia, Papua New Guinea, New Zealand, Jamaica.
The Commonwealth realms are, for purposes of sovereign states. They are united only in their voluntary connection with the institution of the monarchy, the succession, the Queen herself. Political scientist Peter Boyce called this grouping of countries associated in this manner, "an achievement without parallel in the history of international relations or constitutional law." Terms such as personal union, a form of personal union, shared monarchy, among others, have all been advanced as definitions since the beginning of the Commonwealth itself, though there has been no agreement on which term is most accurate, or whether personal union is applicable at all. Since the Balfour Declaration of 1926, the realms have been considered "equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown." and the monarch is "equally and explicitly of separate, autonomous realms." Andrew Michie wrote in 1952 "Elizabeth II embodies in her own person many monarchies: she is Queen of Great Britain, but she is Queen of Canada, New Zealand, South Africa, Ceylon... it is now possible for Elizabeth II to be, in practice as well as theory Queen in all her realms."
Still, Boyce holds the counter-opinion the crowns of all the non-British realms are "derivative, if not subordinate" to the crown of the United Kingdom. The United Kingdom no longer possesses any legislative power over any country besides itself, although some countries continue to use, by their own volition, the Judicial Committee of the Privy Council as part of their own judiciary. Since each realm has the same person as its monarch, the diplomatic practice of exchanging ambassadors with letters of credence and recall from one head of state to another is redundant. Diplomatic relations between the Commonwealth realms are thus at a cabinet level only and high commissioners are exchanged between realms. A high commissioner's full title will thus be High Commissioner for Her Majesty's Government in. For certain ceremonies, the order of precedence for the realms' high commissioners or national flags is set according to the chronological order of, when the country became a Dominion and the date on which the country gained independence.
Conflicts of interest have arisen from this relationship amongst independent states, ranging from minor diplomatic matters—such as the monarch expressing on the advice of one of her cabinets views that counter those of another of her cabinets—to more serious conflicts regarding matters of armed conflict, wherein the monarch, as head of state of two different realms, may be at war and at peace with a third country, or at war with herself as head of two hostile nations. In such cases, viceroys have tended to avoid placing the sovereign directly in the centre of the conflict, meaning that a governor-general may have to take controversial actions on his or her own initiative through the exercise of the reserve powers. In recent years, advocates have argued for free movement of citizens among a subset of the Commonwealth realms: the United Kingdom, Canada and New Zealand, which they argue "share the same head of state, the same native language, the same respect for the common law." Opinion on the prospect of the plan coming to fruition is mixed.
British Eurosceptics have expressed a preference for a relationship "similar in nature and goals to the EU" between the same four countries: the CANZUK Union without repeating the "mistakes of Europe"—though this possibility has been characterised as "difficult and in some ways far-fetched". Despite this, public opinion polling conducted by organisations such as CANZUK International and YouGov have indicated widespread support for free movement of goods and people across Canada, New Zealand and the United Kingdom, with support for the proposals ranging from between 58–64% in the United Kingdom, 70–72% in Australia, 75–77% in Canada and 81–82% in New Zealand; the evolution of the Commonwealth realms has resulted in the Crown having both a shared and a separate character, with the one individual being mona