Keep regional mission’s immunity, warns Forum

But it warns any changes must not affect the immunity provision of the Facilitation of International Act and that member countries must not be by-passed.

The Facilitation of International Act, which the parliament passed in 2003, is the law under which RAMSI operates.

After five years here, the government has tasked the Foreign Relations Committee to review the operations of the regional mission.

Forum representative to Solomon Islands, Dr. Lesi Korovavala, appeared before the Foreign Relations Committee last week.

Korovavala said the Forum would like to reiterate that the FIA Act is one element of the legal framework governing RAMSI’s presence here.

“A change to any one element of that framework will necessarily have a bearing on the other elements,” Korovavala said.

He said the Forum feels that the committee will need to consider the political, safety, economic, social development aspects of RAMSI’s presence in Solomon Islands. He added those elements are affected by its legal standing.

RAMSI has undergone two Forum-led extensive assessments, notably the 2005 Eminent Persons’ Group Review and the 2007 RAMSI Review Task Force Report.

But there were concerns from politicians and some members of the community that the application of the FIA Act was impinging on Solomon Islands sovereignty.

However, Korovavala said the Forum believes that the FIA Act still provides an adequate and workable legal basis for RAMSI’s activities.

This is when read in conjunction with other documents such as the RAMSI Treaty, the 2003 Forum Ministers Outcomes statement and the Framework for Strengthened Assistance to Solomon Islands.

“The 2007 RAMSI Review Task force Report concluded that any “unilateral amendments” to the FIA Act would inevitably have serious implications for the willingness of the participating nations to continue contributing to RAMSI,” he said.

“They would also damage the greater sense of partnership that is now emerging in Honiara,”  Korovavala said.

On immunity, Korovavala said the provisions of the FIA Act are subject to the Solomon Islands Constitution.

He said the Act does not provide immunity in respect of actions that might infringe fundamental rights and freedoms set out in the constitution.

 Korovavala said the granting of such immunities under the FIA Act reflects standard international practice.

 

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