Oceania

Dozens of Asylum-Seekers Feared Dead After Boat Sinks

By Mark O’Brien
Impunity Watch Reporter, Oceania

CANBERRA, Australia — Rescuers in Australia said late Thursday that dozens of asylum-seekers are believed dead after their boat capsized on the way to Christmas Island.

An asylum-seeker is searched as he arrives at Christmas Island. (Photo Courtesy of The Australian)

The Australian Maritime Safety Authority said 110 survivors had been rescued, but the agency confirmed the deaths of at least three people.  About 40 people were seen clinging to the hull of the overturned vessel, and as many as 75 were believed to have drowned.  A spokesperson said about the Sri Lankan refugees were headed to Christmas Island when they encountered trouble some 200 kilometers north of the Australian territory.

“We don’t know the full details yet, but clearly we have lost a number of lives in a very dangerous journey from Indonesia to Australia,” said Australian Prime Minister Julia Gilliard from a United Nations conference in Rio de Janeiro.  She confirmed that she and Indonesian President Susilo Bambang Yudhoyono had spoken on the phone and agreed to have their agencies work together to co-ordinate the search and rescue operation.

A 13-year-old boy was reportedly among the survivors, who were otherwise believed to be adult men.  Three merchant ships were helping with the rescue efforts.

“The objective is to save as many lives as possible,” said Australia’s Home Affairs Minister Jason Clare.  “We’re still in that critical window where more lives could be saved.  People can survive out there for up to 36 hours if they have life jackets or debris to hang on to.”

Clare said some people were seen holding onto debris as many as three nautical kilometers away from the capsized boat.

Meanwhile, authorities were trying to confirm whether another boat also might be in trouble.  Australia’s Rescue Coordination Centre told Indonesian authorities that the second distressed vessel was possibly in the area.  The maritime safety authority, however, said only one troubled boat has been confirmed.

Three other boats carrying about 240 refugees have been intercepted near Christmas Island over the past two days.  But Thursday’s disaster was the latest in a string of disasters to impact asylum-seekers at sea.  Last November, 200 refugees died off the coast of Java when their boat capsized on the high seas.  In December 2010, four dozen drowned in a wild storm off the Christmas Island coast.

So far this month, more than a thousand people have sought asylum in Australia, marking the second consecutive month the number has eclipsed 1,000.  To date this year, 4,494 refugees have made the journey to Australia.

For further information, please see:

The Australian — Mass Asylum Seeker Drownings Feared off Indonesia — 22 June 2012

News.au.com — Asylum Seeker Boat Capsizes North of Christmas Island, Survivors Plucked from Ocean — 22 June 2012

ABC — Asylum Seeker Boat Capsizes South of Australia — 21 June 2012

The Sydney Morning Herald — Asylum Seekers Clinging to Hull of Boat — 21 June 2012

Yahoo! 7 News — Asylum Seeker Disaster North of Christmas Island — 21 June 2012

Australia to Eliminate State-Sanctioned Discrimination of Aborigines

By Brittney Hodnik
Impunity Watch Reporter, Oceania

CANBERRA, Australia – For the first time in 224 years, Australia is voting on a Constitutional amendment that will recognize Aborigines as the first people of the country.  Similar to Native Americans, British settlers displaced the Aborigines and they have suffered racism and discrimination ever since.  The new changes will finally bring an end to all state-sponsored racism.

Aborigines are among the poorest, most disadvantaged Australian citizens. (Image courtesy of News One)

After the Aborigines were dislocated from their land, their lifestyle, health, and equality decreased dramatically.  According to News One, Aborigines are one of the poorest, unhealthiest, and most-disadvantaged people with an average lifespan of 17 years shorter than other Australians.  Furthermore, they have endured racism and discrimination from the beginning.

Originally, different sections of Australia’s constitution actually promoted discrimination against Aboriginal people.  As reported by The Guardian, Section 25 recognized that states could disqualify people (i.e. Aborigines) from voting.  Section 51 allowed federal parliament to make laws based solely upon race.

The Guardian reports that these sections were included in the constitution in 1901 to prevent certain races from living in primarily white neighborhoods.

According to News One, a panel of 19 people, made up of indigenous leaders, politicos, entrepreneurs, and legal eagles will revamp a document that still contains racist Aboriginal references.  The report was handed to Prime Minister, Julia Gillard who is strongly supporting the changes.

“This is a time when truth and respect for the Aboriginal and Torres Islander peoples needs to be achieved . . . through the recognition in our constitution.  Strong leadership and our national interest are critical for our nation to go forward,” said Professor Patrick Dodson, an Aborigine who headed the expert panel, according to The Telegraph.

Aborigines did not even receive “citizen standing” until 1967 in Australia, according to the New Zealand Herald.  That was the first time that Aboriginal people were included in the census, and that referendum passed with 90% support.  However, since then, only 8 out of 44 proposed amendments relating to the advancement of Aborigines have succeeded.

In Australia, in order for a Constitutional amendment to pass, there must first be federal legislation followed by a referendum that must be supported by a majority of voters in a majority of states, according to The New Zealand Herald.

The new legislation basically calls for respect for Aboriginal culture and promotion and historical recognition of language and heritage.

The country has progressed slowly in supporting the Aboriginal people.  Other historical movements include the 1992 decision that gave native title to Aborigines over traditional lands.  Then, in 2008, former Labor Prime Minister Kevin Rudd finally delivered an official apology on behalf of the nation, according to The New Zealand Herald.

Prime Minister Gillard says “time is right to say yes to an understanding of our past, to say yes to constitutional change, and to say yes to a future more united and more reconciled than we have ever been before,” according to The Telegraph.

Gillard would like to hold the referendum before the next election (which will be held in 2013).  However, she admitted, bipartisan support will be crucial to its success, and that is not always easy to come by, reported by The Telegraph.

Opposition leader, Tony Abbott said that he would support any measure that did not amount to a Bill of Rights, reported The Telegraph.  Abbott is quoted as saying that he hoped the referendum would serve as “a unifying moment for the nation.”

Furthermore, The Telegraph reports, Abbott said, “We have some reservations about anything that might turn out to be a one-clause bill of rights.  But we accept that millions of Australians hopes and dreams are resting on constitutional recognition of indigenous people.”

Human Rights Commission President Catherine Branson believes that the Australian government needs to focus on building a consensus between the Aboriginal people and Torres Strait Islander peoples, according to The New Zealand Herald.  Also, the report said that a major public education campaign is necessary to ensure voters knew what they were voting on and what exactly they were approving.

Overall, the 300 page report said that some kind of recognition should be given to the Aboriginal peoples as the first inhabitants of Australia.  They should have some recognition within the body of the constitution.  Leaders hope that the referendum will be passed before elections in 2013.

For more information, please visit:

The New Zealand Herald — Report Seen as Chance to Redefine Australia — 21 Jan. 2012

News One — Australia to Finally Recognize Aborigines as First People — 20 Jan. 2012

Sydney Morning Herald — Aborigines Plan Street Protest to Revive Calls for Sovereignty — 20 Jan. 2012

The Guardian — Australia Set to Recognise Aborigines as First People of Continent — 20 Jan. 2012

The Telegraph — Australia on Verge of Historic Decision to Recognise Aborigines ats First People of Continent — 20 Jan. 2012

 

Sexual Assault and Abuse Increase Nearly 60 Percent at Nation’s Leading Military Academies

by Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

ANNAPOLIS, United States — Sexual assault is one of the most abhorrent violations to human rights, and according to a report released earlier this week by the Pentagon, the number of reported sexual assaults at the nation’s leading military academies rose nearly 60 percent from the previous year.

Pentagon Report Indicates Sharp Increase in Sexual Assaults at Military Academies

The report entitled “Annual Report on Sexual Harassment and Violence at the Military Service Academies” was produced by the Defense Department as part of the 2007 John Warner National Defense Authorization Act. According to CNN, site visits were conducted at the U.S. Military Academy, the U.S. Naval Academy and the U.S. Air Force Academy. The site visits looked at policies, training and procedures, and focus groups were held with cadets and midshipmen.

The major finding of the report conducted by the Department of Defense was that there were 65 reports of sexual assault involving cadets and midshipmen at the U.S. Naval Academy, the U.S. Military Academy and the U.S. Air Force Academy. This number of reported sexual assaults is a marked increase from 41 reports in the previous year. The Air Force Academy saw the largest jump in reports of sexual assault with 33 reports in the latest academic year;  an increase from 20 in the previous year. The Naval Academy had 22 reported incidents, compared to 11 the prior year. West Point reported the same number in both years, 10 in each year.

According to the Washington Post, the Pentagon was unable to pinpoint any exact cause for the increase in sexual assaults at the academies. One possible explanation, however, may be the Defense Department’s encouragement for victims to report sexual assault and abuses. While West Point did not return the Washington Post’s call seeking comment, other academy officials told the Washington Post that they believe the increase in reporting indicates a positive step in making cadets and midshipmen feel more comfortable about reporting incidents.

The Service Women’s Action Network, a national human rights organization founded by women veterans, was slightly more critical of the increase in sexual abuse reports among the nation’s leading military academies. Greg Jacob, a policy director at the Service Women’s Action Network, informed the Washington Post that this report underscored the noncompliance on the part of the academies with Pentagon’s policy. In a statement to the Washington Post, Jacob noted that “[e]nding the widespread issue of sexual harassment and sexual assault in the military starts by ending it at the service academies.”
In response to the increased sexual assaults at military academies, the Pentagon adopted two new policies. The policies aim to support victims, and remove sexual assault and harassment from the military, starting with its academies. The first policy permits victims to request a transfer from their unit after they have filed a report alleging sexual harassment or assault. Further, the Pentagon said that service members must receive a response from the unit commander within three days. In the event a victims request for a transfer is denied, then the victim is entitled to review of the request’s denial within three days.

The other policy mandates that the academies hold sexual assault records for 50 years in unrestricted cases, and five years in restricted cases. According to the Washington Post, the Defense Department said this new holding period for records will “ensure victims have extended access to documents related to the sexual assault.” In short, it will provide victims with access to documents related to sexual assault for a longer period of time.

For more information, please see:

Department of Defense–Department of Defense Annual Report on Sexual Harassment and Violence at the Military Service Academies Academic Program Year 2010-2011 — 27 December 2011

Defense Department–DOD Releases Sexual Assault Report, Announces New Policies–27 December 2011

The Washington Post — Pentagon: Reported Sexual Assaults Rise at 3 Main Military Academies in Latest Academic Year–27 December 2011

Businessweek —Pentagon Says Sexual Assault Reports Rose 58% at Service Schools –27 December 2011

CNN–Sexual Assaults Reported on Rise at U.S. Military Academies–27 December 2011

ABC Radio Online —Sexual Assault Reports Rise at Military Academies –27 December 2011

Time–Sexual-Harassment Reports at Military Academies Jump 59%–27 December 2011

 

 

Australia to Deport First Afghan Asylum Seeker

By Brittney Hodnik
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Australia continues its efforts to thwart the ever-increasing influx of asylum-seekers into the country.  Even amid tragedy, Prime Minister Julia Gillard stands firm on her commitment.  Today, Australian authorities intercepted another vessel carrying 93 people, all seeking asylum.  In addition, Australia is about to forcibly deport the first failed Afghan asylum seeker even amidst fears he will be killed upon returning home.

Australian authorities routinely intercept vessels overflowing with asylum-seekers. (Image courtesy of Perth Now)

Ismail Mirza Jan, a 26 year old who fled Afghanistan about 10 years ago, is scheduled to be deported later this week.  The Australian Broadcasting Company (“ABC News”) reports that he is currently in a maximum-security location at the Villawood Immigration Detention Centre in Sydney.  His asylum claim was rejected, and thus, he will be sent back to Afghanistan.

Jan originally fled Afghanistan in 2001 after the Taliban killed his father.  Jan has also failed to obtain asylum in Ireland and Britain.  He told ABC News that he is just “in search of a place that [he] can be safe . . . .” 

Australia, Afghanistan, and the United Nations High Commissioner for Refugees signed a memorandum understanding in January, according to ABC News.  This agreement, as reported by the Sydney Morning Herald, allows Australia to deport individuals.  “Where an Afghan refuses to return voluntarily, this agreement stipulates that the Afghan government will readmit its nationals who are not entitled to protection in Australia,” said Chris Bowen, representative for the Immigration Minister.

Jan fears that he will be killed if he returns to Afghanistan.  He told ABC News “If I go there, I will be dead in my country.  I have no one there to protect me . . . I have no friends, no family there.” 

Immigrants seeking asylum have become a regular happening in Australia.  Since the 2010 election, 100 vessels have arrived or been intercepted in Australia; and the problem is getting worse.  Perth Now reports that last year, 50 asylum-seekers were found on each vessel on average, and this year, that number has increased to 70 per boat. 

Perth Now further reports, “More and more people getting on these boats is only increasing the risk of this journey, which of course concerns all Australians.”  The most recent group that was intercepted will be transported to Christmas Island for identification, security, and health screenings.

The Sydney Morning Herald reports that Jan will be charged $32,782 for his escorted deportation.  If he is deported as scheduled this week, he will likely be the first of many rejected Afghan asylum-seekers forcibly sent back to the country they fled, fearing for their lives.

For more information, please visit:

Sydney Morning Herald — Afghan Asylum Seeker to  be Forcibly Deported — 15 Nov. 2011

ABC News —  Australia to Deport Afghan Asylum Seeker — 14 Nov. 2011

Perth Now — Asylum Boat with 93 on Board Intercepted — 14 Nov. 2011

The Washington Post — Australian PM Says She  is Committed to Deterring Asylum Seekers After Fatal Boat Capsizing — 2 Nov. 2011

 

U.S. Waives Ban on Aid to Countries with Child Soldiers

By Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

WASHINGTON, D.C., United States–For the second consecutive year, President Obama has waived a ban on military aid for countries that use children soldiers.  Under the U.S. Child Soldiers Prevention Act of 2008, which took effect in 2010, there is a federal ban on providing U.S. foreign military financing, military training, and other military aid to countries that recruit and enlist soldiers under the age of eighteen.

U.S. waives aid ban for countries using child soldiers. (Photo Courtesy of ABC News)
U.S. waives aid ban for countries using child soldiers. (Photo Courtesy of ABC News)

The president holds the power, however, to waive this ban, but only if he or she determines that doing so would serve the best interests of the country.  That is precisely what President Obama did last Tuesday for the second straight year in a row.  According to a memorandum released by the White House on Tuesday, the countries that will continue to receive military assistance despite the fact that they continue to use of child soldiers in their armed forces, include: Chad, the Democratic Republic of Congo, Yemen and South Sudan.

“The law [restricting U.S. taxpayer funds to go to militaries that recruit and use child soldiers] could be very effective if it was applied the way Congress intended, but instead the administration has chosen to disregard the law and exert poor leadership on this issue,” Jo Becker, the director of Human Rights Watch’s Children Rights Division, told ABC News.  “Last year, the administration said they were putting governments on notice and giving them time to address the problem, but this year governments have shown no progress and are still getting assistance [with] no strings attached.”

Last year there were five countries that were identified for their use of child soldiers, and they included: Chad, the Democratic Republic of Congo, Yemen, Somalia, and Myanmar. This year, only Somalia and Burma were not given waivers, presumably because the U.S. military does not have strong military ties with these countries. President Obama’s waiver will allow tens of millions of dollars of U.S. tax dollars to to go to Yemen, the Democratic Republic of Congo, Chad and South Sudan, all of which continue to recruit, enlist and use children soldiers

The administration justified the waivers either in terms of the relevant countries progress with respect to reducing child soldiers or, in the case of Yemen, the country’s importance to anti-terrorism efforts.

South Sudan is expected to receive one hundred million dollars this coming year for military aid.  The administration took the position that the law banning military aid to countries with child soldiers should not apply to South Sudan because it did not exist as an independent country until after the publication of the 2011 Trafficking in Persons (TIP) report.

 Meanwhile, the administration noted the progress in Chad and the Democratic Republic of Congo in addressing child soldiers. In Chad, the government had issued a plan to prevent child recruitment and discharge child soldiers who are currently enlisted.  It has been said that Chad has already taken some steps towards this programs implementation.   The administration said that the Democratic Republic of Congo has also taken some very important steps to reduce child soldiers in the military.

Finally, Yemen has received the most criticism from human right advocates because it continues to receive U.S. military aid despite the fact that it has done very little to reduce the amount of children in its armed forces.  In fact, it is well documented that in Yemen, children who are 15 years old and younger have been recruited to fight in the government’s conflicts.  Yet Yemen continues to receive millions of dollars in U.S. military and counter-terrorism assistance.

 The administration justified this aid by stating that “[c]ooperation with the Yemeni government is a vital piece of the U.S. national strategy to disrupt, dismantle, and defeat al-Qa’ida and its affiliates and adherents by denying them sanctuary in the ungoverned spaces of Yemen’s hinterland.”   Accordingly, for the 2012 fiscal year the State Department has requested thirty five million dollars in foreign military financing for the Yemeni government.  This represents only a portion of the total aid the Yemeni government is expected to receive, which has exceeded one hundred million dollars in past years.

While the administration has fallen back on the position that they cannot simply withdraw all of this military support, Jo Becker, the director of Human Rights Watch’s Children Rights Division, told ABC News that this does not have to be an “all or nothing “ approach and that “thirty five thousand dollars is a lot of money.”  Becker suggested that the administration could simply withhold a portion of the funds until the country in question takes the necessary steps in order to remove children from its forces.

“The Obama administration has been unwilling to make even small cuts to military assistance to governments exploiting children as soldiers,” Jo Becker told ABC News, and “children are paying the price for its poor leadership.”

For more information, please see: 

Albany Times Union – Should America Aid Nations With Child Soldiers? – 7 October 2011

AllGov – Obama Administration Urged to Stop Funding Child Soldiers – 6 October 2011

Black Entertainment Television – Obama Administration Waives Child Soldier Law – 6 October 2011

ABC News – Obama Waives Child Soldier Ban in Yemen and Congo – 5 October 2o11

Democracy Now – Obama Waives Curbs on Aid to Countries Using Child Soldiers 5 October 2011

Foreign Policy – Congress Strikes Back Against Obama’s Child Soldiers’ Waivers – 5 October 2011

Inter Press Service – Obama Waives Aid Curbs on Militaries Using Child Soldiers -5 October 2011