The Government of the Republic of Nauru

 

UN and other groups need to get facts about Nauru’s new criminal amendments

The Government of Nauru will write to the United Nations Rapporteur of freedom of opinion and expression, David Kaye, to tell him that he is wrong to criticise the recent amendment to the nation's criminal code.
 
Nauru's Justice Minister David Adeang says the UN Rapporteur and others who have claimed the amendments restrict freedom of expression are guilty of using Nauru as a 'punching bag' without knowing the facts.
 
"Freedom of expression is enshrined in Article 12 of our constitution, which overrides any law, however this same constitution in Article 12:3 allows the Government to protect the nation's interests," he explained.
 
He said the amendment's wording was identical to that in the constitution and set the bar of proof higher than in some other countries including Australia.
 
"While those with political agendas have focused on the wording 'political hatred', this amendment also covers racial and religious hatred.
 
"Australia's race hate laws go further than these, and I don't see the UN writing to them."
 
The minister said it would not be government who decided who broke the laws, but the court, and emphasised that the recent reform of the country's legal system now saw three Supreme Court judges of international standard sitting on the court.
 
"If someone is prosecuted, just like in Australia, it goes before the court and the prosecution must prove that 'such statement or material is likely to threaten national defence, public safety, public order, public morality or public health.'
 
"This is not easy to prove, and neither should it be, because this amendment is about protecting freedom of expression under the constitution."
 
He said it was ridiculous to suggest that the laws prevented people from criticising the government.
 
"Don't you see the irony," he asked. "They are openly criticising us, while telling us we won't let them criticise us!"
 
Mr Adeang said people like the UN should get their facts right before going public, and the nation would no longer sit back and allow "left-wing hypocrites" to spread lies about the country.