Dear Pacific Islands List Serve Subscribers:

This is the Pacific Islands E-Newsletter. In this e-mail you will find information about recent laws, cases and decisions from or relating to the region as well as other law-related news. Please send an e-mail to Sandra Gebhardt with any information you would like mentioned in the next E-Newsletter.

Recent Laws, Cases and Decisions:

GUAM: GUAM LAWYERS INDICTED IN ABRAMOFF CONNECTION

March 29, 2007

(Pacific Daily News) – Former court Administrative Director Tony Sanchez and attorney Howard Hills are expected to appear in local Guam court this morning after a Superior Court grand jury late Tuesday handed down a superseding indictment against them in connection with the court’s payments to disgraced lobbyist Jack Abramoff.

Tuesday’s indictment replaces earlier charges that were filed against Sanchez and Hills. Both have pleaded not guilty to the earlier charges. Sanchez and Hills are set to appear for an arraignment hearing this morning before Judge Michael Bordallo, according to the attorney general’s office.

Among the new allegations in the case:

Sanchez allegedly asked Hills to ask Abramoff in 2002 to work on a political endorsement for then-gubernatorial candidate Felix Camacho from President Bush, Vice President Cheney or first lady Laura Bush.

Abramoff also billed the local court for work on “open skies,” federal grants for Guam and congressional franking issues, according to the 12-page superceding indictment.

Source: www.guampdn.com

Hawaii: House approves Native Hawaiian housing bill

March 28, 2007

(Hawaii) – Hawai’i lawmakers, stressing that housing help for Native Hawaiians was not a constitutional issue, succeeded today in a second attempt to win House approval of legislation extending a program promoting home ownership.

The 272-150 vote on the bill came a week after the House rejected the same measure under a procedure where amendments are not allowed but a two-thirds majority was needed for passage. The vote last week was 262-162. It now goes to the Senate for consideration.

Republicans, in opposing the measure, cited a 2000 Supreme Court decision in arguing that special legal privileges for Native Hawaiians were tantamount to racial set-asides and were unconstitutional. That decision, Rice v. Cayetano, declared that Native Hawaiians were not entitled to different voting rights from other Hawaiians in electing members of a state agency, the Office of Hawaiian Affairs.

The bill reauthorizes a 2000 law that guaranteed loans and gave block grants to build infrastructure on land reserved for Native Hawaiian homesteads.

A new provision allows the state Department of Hawaiian Home Lands to borrow money for large construction projects.

The 2000 law expired two years ago, but program funding has been sustained through an annual appropriation, state Department of Hawaiian Home Lands Chairman Micah Kane said. Between one-fifth and half of families in Hawaiian housing projects typically qualify for the aid based on their income levels.

The bill is H.R. 835.

Source: http://thomas.loc.gov/

Other News:

American Somoa: EPA releases 2005 nationwide Toxics Release Inventory numbers

March 22, 2007

(Honolulu) – A facility in American Samoa reported a total of 5 pounds of toxic chemicals released into the air, land and water in the year 2005, according to new data released today by the U.S. Environmental Protection Agency. The data comes from the Toxics Release Inventory, an annual measure of toxic chemical releases, transfers and waste generated by facilities in the United States. Total releases include toxic chemicals discharged to air, water, underground injection, land (including landfills), and the amount transferred off-site for disposal. Data provided does not mean that facilities with elevated levels are out of compliance with state, local or federal environmental regulations. There was a reported decrease in all reporting areas at one facility, Chicken of the Sea did not report in 2005. This resulted in a100 percent decrease in total releases in all reporting categories. The lone facility, Star-Kist Samoa reported a total of 5 pounds in air releases. Overall American Samoa ranks last in total releases from states and territories. TRI is an important tool for regulators, emergency responders, businesses and communities because it helps them better understand and be aware of the types and amounts of chemicals being released in their neighborhoods, said Wayne Nastri, the EPA administrator for the Pacific Southwest region. We are pleased to report American Samoa has the least amount of releases of any state or territory in the nation. Nationally, the amount of toxic chemicals released into the environment increased by 3 percent from 2004. The reporting of data to the Toxics Release Inventory is required under the federal Emergency Planning and Community Right-to-Know Act, passed in 1986. This program has been credited with arming communities with valuable knowledge and encouraging facilities to reduce their releases of toxic chemicals into the environment through source reduction, or pollution prevention measures.

The following Web sites also provide useful information on TRI: http://www.epa.gov/enviro/ and http://www.epa.gov/tri/tridata/tri05/index.htm.

FIJI: AFTER FUNDS SUSPENED FIJI TO ADDRESS ADB’S CONCERNS

March 28, 2007

(Fiji live) – Fiji’s Interim Government says it is re-assessing the total Asian Development Bank (ADB) funded programmes in light of its new fiscal directions.

In a statement, it said all loans and funding requirements are being reviewed in light of the priorities of the Government.

The statement was issued after the ADB said all its approved programmes were currently on hold pending an assurance from the Interim Government that it uptakes its international obligations and provides an environment for the programmes to be successful.

The Information Ministry issued statement said with any change in Government, there are logistic requirements such as change in signatories, re-endorsements of conditions and re-affirmation of the ability to service the loans etc. These matters are being attended to.

“As such it is mischievous to link the temporary delay in fulfilling the requirements to the issue of restoration of parliamentary democracy. Government agrees that stability, democracy and economic growth are pre-requisites for any borrowings,” the statement said.

The Interim Administration has outlined a Road Map to parliamentary democracy. The Fiji Government said it also had a good working relationship with the ADB.

Source: http://www.fijilive.com

AUSTRAILIA: TRANSPARENCY INTERNATIONAL HOLDS REGIONAL MEETING

March 28, 2007

(Radio Australia) – The six Transparency International chapters from the Pacific region are holding a three-day meeting in Solomon Islands to discuss corruption issues.

Delegates are meeting in Honiara and are looking at ways to better assist each other in the fight against corruption in their respective countries.

About 30 delegates are participating including 16 from Solomon Islands and representatives from Transparency Australia, New Zealand, Papua New Guinea, Fiji and Vanuatu.

Executive Officer of Transparency Solomon Islands, Joses Tuhanuku, has told Pacific Beat, they can’t force change but they can apply pressure and raise awareness.

“We do not have any legal power to cause things to happen… because there’s no way we can force any government,” he said.

“We’re hoping that we’re going to be able to educate people to understand the problems and put the pressure on the government and the government will respond positively to those things.”

Transparency International is a global organization with more than 90 chapters working together to fight corruption by involving all sectors of communities in an effort to promote transparency.

Source: www.abc.net.au/ra

Best regards,
Pacific Islands List Serve Moderators

Best Regards, Pacific Islands List Serve Moderators

Peter H. Flournoy International Law Offices 740 North Harbor Drive San Diego, California 92101-5806 T: 619.232.0954 C: 619.203.5349 F: 619.232.2511 phf@international-law-offices.com www.international-law-offices.com

Sandra Gebhardt Fulbright & Jaworski L.L.P. 801 Pennsylvania Ave., N.W. Washington, DC 20004-2623 T: 202.662.0389 F: 202.662.4643 Biography Available Here Please visit us online at: www.fulbright.com