Death Over Repatriation

Death Over Repatriation

By Joseph Juhn
Impunity Watch Reporter, Asia

SYDNEY, Australia – A FIJI man died in detention center in Australia just hours before he was to be deported to Fiji. Immigration authorities are investigating the death of Josefa Rauluni, who refugee advocates say jumped from a roof after his plea to stay in Australia failed.

Refugee advocate Sara Nathan said three Tamil asylum-seekers were also staging a roof-top protest at Villawood and threatened to jump off, only a day after Rauluni’s death.

The Department of Immigration and Citizenship reported that Rauluni, the 36-year-old Fijian national had been held in Villawood since August 17. 

On Sunday, September 17, Rauluni wrote to the New South Wales Ministerial Intervention Unit after receiving notice that he will soon be deported. In the letter, he expressed, “I cannot describe my utter disappointment with your decision,” and asked to delay his return to Fiji and said if he was to be deported to Fiji “then send my dead body.”

“He was given deportation papers this morning,” Ms Nathan said.

“About 15 minutes before he was due to be handcuffed, he climbed the building where he pleaded to be allowed to stay in Australia, even if it is in detention, as he feared persecution if he returned.”

“It is time Australia processed asylum-seeker applications and gave asylum to genuine refugees rather than rejecting them for political gains,” she said.

Rauluni’s death follows a string of suicide attempts and hunger strikes in Australian detention centres this year.

In March up to 100 detainees went on a hunger strike in the Villawood centre following the suicide attempt of a Chinese detainee.

Also, earlier this month more than 80 asylum seekers broke out of a detention centre in Darwin to protest at poor conditions of the centre.

NSW Greens senator-elect Lee Rhiannon said the incident proved the federal government needed to “immediately revisit” its refugee policy.

“The tragic death this morning of a young man from Fiji underlines the suffering many asylum- seekers are experiencing because of the inhumane handling of refugee applications by the federal government,” Ms Rhiannon said. 

Accordingly to the current Australian government policy, those who arrive by boat with no valid document are taken into immigration detention on Christmas Island or to centres on the mainland while their reasons for being in the country are investigated and verified.
 
Just this year, authorities have stopped boats carrying about 4,000 asylum seekers.
 
Prime Minister Julia Gillard is in talks over opening a regional processing centre for refugees in neighboring East Timor.

For more information, please see:

Fiji Times – Death Before Deportation – 21 September 2010

The Australian – Detainee Killed in Villawood Fall Faced Deportation to Fiji, Warned ‘Send My Dead Body’ – 20 September 2010

What’s On Xiamen – Fijian Detainee Josefa Rauluni, 36, Leaps to Death from Roof of Australian Centre – 21 September 2010

Afghan Elections Marred by Abductions and Intimidation

By Eric C. Sigmund
Impunity Watch Reporter, Middle East

KABUL, Afghanistan – Saturday’s parliamentary election in Afghanistan once again illustrated the numerous problems facing international forces and Afghans in the country.   Since Saturday’s election, over 3000 complaints of fraud and intimidation have been filed with the United Nation-backed Electoral Complaint Commission (ECC).   In the days prior to the election, abductions of civilians and election officials raised security concerns throughout the country.

Afghans Line Up to Vote in Parliamentary Elections Despite Violence and Abductions (Photo Courtesy of ABC News)
Afghans Line Up to Vote in Parliamentary Elections Despite Violence and Abductions (Photo Courtesy of ABC News)

More than 20 individuals were abducted by Taliban insurgent forces on the eve of the election and at least 22 people were killed by insurgent attacks on election day.  During the election, insurgents conducted 485 separate attacks on election facilities, according to NATO forces.   Despite these fatalities, a Pentagon spokesman noted that election violence has decreased when compared to the 2009 presidential election in Afghanistan.

Over 2,500 candidates ran for the 249 seats up for grabs in the parliamentary elections.   Against a backdrop of political instability, the ECC is now charged with the task of ensuring the validity of election results as complaints of illegal voting continue to pour in.   Stressing the significance of the elections, a representative for the United Nation’s mission in Afghanistan reported “[t]he independence of these institutions is crucial to the credibility of the completion of the electoral process.”

Over 1000 polling centers were forced to close their doors due to inadequate security.   In a comment to the Washington Examiner, Army Captain Max Pappas, a member of the Provincial Reconstruction Team in Afghanistan, stated that the “Taliban intimidated people, but they weren’t able to stage a massive attack. At least that’s a good sign, but this is far from over.”  Although international forces in Afghanistan remain committed to the fight against the Taliban in the country, many recognize the difficult challenges that lay ahead.  Although U.S. officials remain optimistic about the successful promotion of democracy in Afghanistan, Saturday’s election highlights that the prospect of a legitimate and functioning government may still be untenable in the short term.

For more information, please see:

Agence France Presse – Afghanistan Says Over 3000 Complaints About Vote – 21 Sept. 2010

Xinhua News Agency – 2 Election Officials Missing, Thousands Complaints Filed in Afghan Polls – 21 Sept. 2001

Washington Examiner – Election Day is Day of Fear in Afghanistan – 20 Sept. 2010

ABC News – 22 Killed During Afghan Polls: NATO – 19 Sept. 2010

Al-Jazeera – Abductions Hit Afghan Poll Build-Up – 17 Sept. 2010

Argentine Students Rally For Education

By Patrick Vanderpool
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Thousands of Argentine students and teachers recently marched to the presidential palace to protest the quality of Argentina’s public education system and to commemorate student deaths in the 1970’s.

The demonstration, called the “Night of the Pencils,” is held annually to honor students kidnapped and killed during the 1976-1983 military dictatorship.  During the dictatorship, many students in Buenos Aires province who were rallying for free public transportation, and other benefits, were murdered.

Students carried a giant model of a pencil on their shoulders like a coffin and crosses symbolizing the deaths.  

This year’s protest occurred amidst the widespread cry for educational reform.  For the three weeks prior to the Night of the Pencils rally, Argentine high school students have occupied 30 different schools to demand infrastructure improvements.  The students’ criticisms include, a lack of heating gas, poor electrical systems, leaky ceilings and broken windows, among other problems.

As a show of solidarity to the students, Argentine teachers have planned a two-day strike to demand better pay.  It is estimated that the strike will put 700,000 students out of school.

Itai Hagman, president of the Buenos Aires University Federation, stated that “[f]or a long time, years, decades, a policy of cutting funding to public education has been carried out and this policy has reached such an extreme that the conditions needed to study almost do not exist.”

During the march, several students were seen burning the effigy of Buenos Aires’ mayor, Mauricio Macri, and drawing graffiti messages on the city hall building criticizing the conservative mayor.  The students also littered city hall with eggs. 

Macri characterized the protest as merely political and warned the striking teachers that they would have their pay docked for missing days.

Early in the 20th century, Argentina had a public education system considered a model for Latin America that assured most citizens access to free schooling. That education system came under fire during Argentina’s dictatorship and was later subjected to financing cuts under market-oriented democratic governments.

“Unfortunately we have been very patient over the years, but out patience is over. We want practical solutions,” said Hagman.

For more information, please see:

The Associated Press – Students Protest Education in Argentine Capital – 17 September 2010

Latin American Herald Tribune – Argentine Teachers, Students March in Public-education Protest – 15 September 2010

deepdishwavesofchange.blogspot.com – Argentina: Classes in the Streets as Students Protest – 14 September 2010

Greece Continues to Postpone Reform for Asylum Seekers

By Ricardo Zamora
Impunity Watch Reporter, Europe Desk

ATHENS, Greece – The Greek government has failed to follow through on a January promise to reform its asylum system.  Under the current asylum procedure, Greece continues to recognize as few as 0.05% of asylum seekers as refugees in their first interview and leaves them with no guarantee against the risk of deportation back to their countries where they are subjected to inhuman or degrading treatment.

Human Rights Watch reports that Greece’s current policy is inconsistent with Article 39 of the EU’s procedures directive and articles 13 and 3 of the European Convention on Human Rights.  Greek’s failure to adopt policies consistent with the EU directives have prompted the United Nations High Commissioner for Refugees (UNHCR) to withdraw from participation in Greece’s asylum procedure.  Human Rights Watch is urging the UNHCR to reconsider.

Earlier this year Greece proposed a presidential decree to adopt relevant emergency reforms to address asylum issues.  However, the decree, which was previously postponed until September 1, 2010, has been postponed once more, making it unlikely to be implemented before the end of 2011.

“Despite its formal commitments, the Greek government has utterly failed to meet its most basic responsibilities to protect refugees,” said Bill Frelick, Refugee Program director at Human Rights Watch.  “The UN refugee agency has a mandate to protect refugees when a government is unable or unwilling.  It needs to step in now and take over processing asylum claims.”

But the delays are not entirely the government’s fault.  Serious domestic problems are also prohibiting Greece from being able to meet the demands of asylum reform proponents.  For example, the recent financial crisis has drained the government’s already scant resources, making it difficult to implement the changes set out in presidential decree.

Greece is also receiving burdens from the international arena.  Due to its location at Europe’s external border, it has to address over 10,000 requests by other EU nations wanting to funnel their own asylum seekers to Greece.  Thus, Greece has to process not only the asylum seekers of other EU nations, but its own as well.

“Greece is seriously and unfairly overburdened,” Frelick said.  “EU member states need to recognize that, stop sending migrants back to Greece, and reform the Dublin regulation.  Without that, the benefits of reforms in Greece will be undermined by ever greater numbers of returns from other EU states.”

For more information, please see:

Human Rights Watch – Greece: Asylum Reform Delay Unacceptable – September 20, 2010

Human Rights Watch – Open Letter to the Government of Greece on Reform of the Asylum and Immigration System – July 28, 2010

UNHCR – UNHCR Chief Gutteres Backs Planned Greek Asylum Reform – January 20, 2010

BARBADOS: RIGHTS OF HIV/AIDS VICTIMS A PRIORITY

By Erica Laster

Impunity Watch Reporter, North America

BRIDGETOWN, Barbados –“We have not yet gotten to the stage where a man or woman will disclose equally, routinely and without abashment, that he or she is HIV positive,” indicates Barbados Prime Minister Freundel Stuart at the commencement of the Caribbean Region Symposium on HIV/AIDS and human rights.  

Photo Courtesy of Caricom News Network.
Barbados Acting Prime Minister Freundel Stuart. Photo Courtesy of Caricom News Network.

Caricom News reports that the Cave Hill campus of the University of the West Indies (UWI) organized the symposium with support from a variety of organizations, including the Pan Caribbean Partnership Against HIV and AIDS (PANCAP),  UNAIDS, UNDP and AIDS2031.  Stuart proposed an increased desire to understand the AIDS virus and increased legislation for public educational programs to ensure that the rights of those affected by the virus were upheld. With about 20,000 new cases of the AIDS virus appearing in 2008 and 12,000 deaths per year due to the virus, Stuart recognizes that the stigma has only increased.

Citing the European Convention on Human Rights which extended to Caribbean countries as colonies in 1953, Stuart asserts that this instrument neither expressly nor through implication permits discrimination against persons or citizens on the ground of personal illness.

With discrimination an actionable offense, Stuart notes that “the burden of proof will rest on him or her to produce evidence of the legally required standard to support the allegation made.  The decisions of the Courts of Law are, invariably, based on the strength of the evidence adduced at trial.” 

While information about the disease is widespread and readily available, few in the Caribbean choose to discuss the topic, only furthering the stigmatizing affects on those contracting it.  In the Caribbean areas, the main method of transmission of HIV occurs through commercial sex and more than 2% of Caribbean adults have contracted the virus.

For More Information Please Visit:

Caricom News – CARIBBEAN-Regional symposium on HIV/AIDS and human rights – 14 September 2010

Caricom News – HIV and Human Rights to Be Discussed at Regional Symposium – 8 September 2010  

The Barbados Advocate – Human Rights of Persons Living with HIV/AIDS must be protected – 14 Septemeber 2010