Oceania

Human Smuggling to be Addressed by Australia and Sri Lanka

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Three Indonesian nationals have been charged with attempting to smuggle more than fifty asylum seekers into Australia.

Last week, the Australian federal police first charged two Indonesian men, aged 32 and 18, with people smuggling.  Another Indonesian, aged 19, was subsequently charged with the same offense, bringing five or more non-citizens into the country.

In October, the HMAS Bathurst was stopped by officials off the northwest coast of Western Australia, which led to the discovery of these three men.

People smuggling has been an ongoing concern of the Australian government.   Australian Prime Minister Kevin Rudd has taken it up with his counterpart in Sri Lanka, Prime Minister Ratnasiri Wickremanayake and Foreign Minister Rohitha Bogollagama.

While at the Commonwealth Heads of Government Meeting (CHOGM) in Trinidad and Tobago, Rudd met with the Sri Lankan Prime Minister to discuss current problems in the Pacific region surrounding refugees and people smuggling.

Sri Lanka and Australia have agreed to continue to work together to combat the problem. Australia promises to continue to provide support to Sri Lanka to address the situation.

Providing housing for displaced individuals has become a huge problem, as a large number of individuals are awaiting resettlement from camps in Sri Lanka.  Recent reports indicate that these individuals are approximately 130,000 in number.

Rudd says, “It is a huge problem in terms of the adequate provision of housing to accommodate the basic life needs of internally displaced persons.”

A report released last week on the Arabic news network Al Jazeera claimed to expose the people smugglers’ methods in bringing asylum seekers from Indonesia to Australia.

The asylum seekers are hidden below deck on board the smugglers’ boats.  The people smugglers allegedly will pretend to be in danger so that the Australian authorities will pick them up and bring them to one of several immigration detention facilities.

Despite multiple arrests for people smuggling, one man admits that he ‘has no fear’ and will bribe Indonesian police to get out of jail.

The trial for one of the three Indonesian men charged with human smuggling began last week at the Perth Magistrates Court and continues today.

If convicted of people smuggling, the individuals face a maximum penalty of twenty years in jail or a $220,000 fine.

For more information please see:
Daily Mirror – Australian PM discusses issue with Sri Lankan counterpart at CHOGM – 01 December 2009

Big Pond News – Rudd talks on refugees at CHOGM – 30 November 2009

Herald Sun – Teen Indonesian charged with people smuggling – 27 November 2009

Jakarta Post – Indonesians face 20-year sentence for alleged smuggling – 27 November 2009

Sydney Morning Herald – Report exposes people smuggling methods – 23 November 2009

Democrats Demand the Immediate Endorsement of Report on Democratic Reforms in Tonga

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Democrats in Tonga demand that the Tongan government immediately endorse a report on democratic reforms to ensure that no more violence ensues in the country.
Starting in late 2006, massive rioting in the capital of Tonga, Nuku’alofa, caused significant damages in the immediate area. The Tongan people were protesting the lack of democratic reforms. Most of the district was destroyed.

In 2008, King George Tupou V stated that he would relinquish the monarchy power in hopes to introduce democratic reforms.

In early 2009, Tonga’s Commission for Reform announced that it would start holding public consultations and hearing petitions on democratic reform. Former chief justice Gordon Ward was the chair of the Commission, and wanted to determine the nature of political reforms to be put in place by 2010.

Although the public in Tonga remained somewhat skeptic, this was an important step in the process that would allow democratic reform to take place.

Currently, what is now known as the People’s Committee for Political Reform, has recommended a “popularly elected parliament and reducing the monarchy to a largely ceremonial role.”

Akillisi Pohiva and his co-chair on the People’s Committee for Political Reform, Uliti Uata, stated that they are willing to accept the Constitutional and Electoral Commission’s report and recommends that the Tongan government accept the report as well.

They contend that it is important for “every sector of society [to] embrace[] the report in full so that the reform process remains peaceful.”

They also stated that it would be a “token of respect to King George Tupou V for his role as the architect of peaceful political change.”

Pohiva and Uata fear that if the reforms are not supported that more violence will occur. The riots that happened three years ago erupted because of the opposition to the government, and they fear that this may occur again if these reforms are not accepted.

For more information, please see:
Pacific Islands News Association – Tonga democrats want immediate acceptance of report on reform – 01 December 2009

Radio New Zealand International – Tonga democrats want immediate acceptance of report on reform – 30 November 2009

BBC News – Timeline: Tonga – 16 November 2009

Radio New Zealand International – Tonga Commission for Reform beings public consultations – 15 January 2009

Human Rights Activist Calls for the Return of ICRC

By Cindy Trinh
Impunity Watch Reporter, Oceania

JAYAPURA, Indonesia – Human rights activist, Paula Makabori, claims that the beating of the West Papuan political prisoner, Buchtar Tabuni, in Jayapura warrants the need for the International Committee of the Red Cross (ICRC) to re-enter the region.

In West Papua, there have been a number of cases where democracy activists are arrested, intimidated, and face police raid. These democracy activists are claimed to have been against state emergency law and subversion articles. Tabuni is one of these activists who is said to be a “clear example of how freedom of expression and democracy are still restricted to Papuans.”

Tabuni was arrested earlier this year for his protest against the launching of the International Parliamentarians for West Papua in London. There were many reports that he was beaten and mistreated by the police and prison officials since he was arrested.

Tabuni claims that he did nothing more than express his opinion. He is regarded by many as “someone who struggles for the aspirations of the Papuan people.”

Tabuni was sentenced to prison for three years for provocation at Abepura, the notorious prison located in Papua’s provincial capital, Jayapura.

It has now been discovered that Tabuni suffers from bad head injuries resulting from many assaults by five Indonesian security force officials at the Abepura prison. Many activists fear that he is being denied medical treatment.

Makabori, who is a representative of the Institute for Papuan Advocacy and Human Rights, says that the ICRC, which was forced by Jakarta to shut its office back in April 2009, has “a role to play.”

Makabori stated: “With all the maltreatments of West Papuan political prisoners, especially those activists and student activists in Abepura and police prison, I think Indonesia’s government has to go give free access to International Red Cross to come back to West Papua to advocate these situations and also give the right treatment to all those political prisoners.”

TAPOL, a UK-based NGO which seeks to promote peace, human rights and democracy in Indonesia, states that criminalizing those who have engaged in legitimate and peaceful activities is a violation of their rights to freedom of expression and freedom of assembly.

Carmel Budiardjo, the founder of TAPOL, stated: “There is no justification to charge these men with [subversion]. The charges should be dropped and the men released.”

For more information, please see:
Free West Papua – Beating claims prompt calls for ICRC to return to Papua – 27 November 2009

Radio New Zealand International – Beating claims prompt calls for ICRC to return to Papua – 27 November 2009

InfoPapua – Social-Political Analysis – The Continuing Violence in Papua – 05 September 2009

West Papua Action – 15 Papuans face serious charges for peaceful demonstration – 04 August 2009

Ipahr’s West Papua blog – West Papua: Buchtar Tabuni on trial for subversion – 18 February 2009

Christmas Island Asylum-seekers May Face Criminal Charges

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Last week a fight between approximately 150 Sri Lankan Tamils and Afghan asylum-seekers broke out at Australia’s immigration detention facility on Christmas Island.

The two groups attacked each other with tree branches, pool cues and broom handles.  The fighting ended with injuries for some thirty-seven asylum seekers who required medical treatment.  Three individuals were flown to Perth to receive treatment for broken bones.

Australian Immigration Minister Chris Evans believes that the violence may be a result of frustrations amongst the Sri Lankan asylum over being held in custody.

“There hasn’t been too many problems but there has been some increased tension I think around the Sri Lankans, in particular being a bit concerned as we have had some people removed back to Sri Lanka – found not to be refugees, and obviously the spotlight on the groups that were intercepted in Indonesia,” Evans said.

Advocates for refugees claim that the facility’s overcrowded and cramped conditions created the outburst.  This combined with the slow pace of detainee processing is believed to be a significant factor in the fighting at Christmas Island.

Those individuals deemed responsible for the brawl have criminal charges brought against them.

Prime Minister Rudd noted that this may affect the status of certain refugee applications.  Whether or not a detainee may be granted a visa depends in part on whether the individual has committed a serious offense.

Approximately 1,000 asylum seekers are currently housed at Christmas Island.  The government plans to increase the facility’s capacity to 1,400 inmates.

Over the past year, many immigrants, particularly those from Sri Lanka, have tried to enter Australia.  Most of the immigrants are taken to Christmas Island to have their refugee status applications processed.

Australia takes in 13,000 refugees each year through official humanitarian programs.  A majority of asylum seekers, who arrive by boat, are eventually found to be in need of protection and may settle permanently in Australia.

Opposition officials in the government claim the Prime Minister administration has been ineffective in controlling the country’s borders.  Rudd claims that all asylum seekers will receive humane treatment but promises to take a hard-line approach to criminal gangs involved in people smuggling.

For more information please see:
Bloomberg – Australia to send team to Process Lankan Migrants, Herald Says – 24 November 2009

Monsters & Critics – Charges may follow asylum-seeker brawl, Australian Minister says – 23 November 2009

Voice of America – Australia Investigates Brawl Among Asylum Seekers in Camp – 23 November 2009

More than 300 West Papuans Repatriated to Jayapura

By Cindy Trinh
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – More than 300 West Papuans living in Papua New Guinea (PNG) were repatriated to Jayapura under a joint program organized by the governments of PNG and Indonesia.

West Papuans have had a long history of hardship, which has forced them to scatter throughout PNG and other Melanesian countries, such as Indonesia. Many of these West Papuans suffered gross human rights violations because of ill treatment by the Indonesian government, and disregard from the PNG government.

However, a bilateral approach between the Indonesian government and PNG to repatriate West Papuans has given hope to the West Papuan refugees.

Earlier this month, three PNG politicians joined an international campaign to support West Papuans allegedly persecuted by Indonesian authorities. The international campaign yielded a charter that calls for the United Nations to “restore the right of the indigenous people of West Papua to self-determination.”

Now, more than 300 West Papuans were repatriated to Jayapura under the bilateral approach of the Indonesian government and PNG.

On the first trip, the Indonesian Air Force lifted a total of 142 men, women, and children out of Wewak’s Boram Airport to Indonesia. Those boarded on the aircraft consisted of refugees from Manus, Bulolo, Goroka, Lae, Madang and Wewak.

On the second trip out of Port Moresby, 170 West Papuans from the Southern Region and Lae were boarded. Many of them were from Kiunga and Daru.

PNG Foreign Affairs officials, who were in Wewak to coordinate the first departure of the West Papuans, said that the West Papuans volunteered to be repatriated. More than 700 were listed for repatriation, but only 312 decided to leave while others decided to remain in PNG.

The joint program is funded by the Indonesian government. This program aims to repatriate West Papuans who were willing to return to their country of origin.

A West Papuan named Roby Merauje said he was willing to go home, but was still uncertain about his future. He stated that the West Papuans volunteered to return to Jayapura because of the better living conditions.

For more information, please see:
Islands Business – Over 300 West Papuans go back home – 24 November 2009

Pacific Islands News Association – Over 300 West Papuans go back home – 24 November 2009

InfoPapua – United Nations must relook West Papuan cause – 21 November 2009

Impunity Watch – PNG Politicians Join International Campaign to Support West Papuans – 16 November 2009