By Brianne Yantz
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand – Earlier this month the Indonesian Navy intercepted a boat containing over 85 Tamil Sri Lankan refugees bound for New Zealand.  Many were waving New Zealand flags or holding signs that read “Our future life is in New Zealand,” the New Zealand Herald reported.  However, the refugees were detained and New Zealand’s Prime Minister, John Key, publicly announced that the asylum seekers would not be permitted to enter the country.

Key also noted that of the thousands of refugees that seek asylum in New Zealand only 750 a year are accepted. He firmly stated that New Zealand would not accept anyone who did not follow the normal channels.  Key stated that allowing the refugees into the country without going through the proper legal channels would promote smuggling.  As Key explained to The Telegraph, “if you are going to take this boat, there are just thousands and thousands of other boats which will come.”

Many have since criticized Key and accused him of exaggerating the issue.  To his critics, the probability of a mass influx of asylum seekers to New Zealand is not as likely or harmful as Key believes.

According to TamilNet, Keith Locke, the Green Party MP in New Zealand, stated “there is room in our country for more Sri Lankan asylum seekers.  In the last 3 years we have not even filled our 750 annual refugee quota.”  Locke further argued that Key’s mother was in fact an asylum seeker, fleeing Nazi Germany in 1939 for Britain.

TamilNet also reported that Tamil groups in New Zealand believe that Key’s stance is misguided; Key’s judgment has been clouded by poor advice and hostile propaganda from the Government of Sri Lanka.

The Tamil organizations pointed out that the Tamils in Sri Lanka are currently being suppressed by a military dictatorship and that the nation’s war crimes have received little to no international coverage.  Therefore, the lack of public sympathy for the refugees comes as no surprise.

Despite these criticisms, Key has maintained his stance on the issue and the refugees remain in Indonesian custody.

However, one major political figurehead, who is also the leader of the Marumalarchi Dravida Munnetra Kazhagam (MDMK) political party in Indonesia, has requested the refugees at least be set free.  According to MSN News, MDMK leader, Vaiko, reportedly wrote to Indonesia’s Prime Minister, Manmohan Singh, arguing that the refugees were not illegal immigrants and “as per International Law, their right to seek asylum cannot be curtailed by Indonesian authorities.”

For more information, please see:

TamilNet – Prime Minister criticized in New Zealand’s parliament over Tamil refugees – July 16, 2011

MSN News – Vaiko wants PM to put pressure on Indonesia to release Tamils – July 14, 2011

New Zealand Herald – PM accused of overstating refugee issue – July 13, 2011

Radio New Zealand – PM criticised over stance on asylum seekers – July 12, 2011

The Telegraph – New Zealand shuts door on Sri Lankan asylum seekers – July 12, 2011

By Brianne Yantz
Impunity Watch Reporter, Oceania

The event was organized by the Coalition for Clean and Fair Elections, also known as Bersih 2.0, which means “clean” in Malay.  It is compromised of 62 nongovernmental organizations.

Despite tensions between Bersih 2.0 and the Malaysian government, the New York Times reported that Prime Minister Najib Razak stated the rally could take place if it was held in a stadium rather than on the streets. Coalition organizers agreed to those terms after meeting with the Malaysian king, Tuanku Mizan Zainal Abidin, on Tuesday.

However, authorities then said that Bersih could not proceed without a police permit. Under Malaysian law, the government will not grant permits to organizations which have been declared illegal.  One week before the rally, the government declared Bersih illegal for failure to register and for purporting to cause public disorder.

Angered by the government’s actions, Bersih announced that the rally would go forward. As a result, police arrested over 200 activists in the days leading up to the protest. Furthermore, a court order barred 91 demonstrators, including various opposition leaders, from entering the capital on Saturday and roadblocks were set up to prevent protestors from accessing the stadium where the rally was set to take place.

Although the city was on a 24-hour lockdown, thousands of protesters managed to slip through the security net early Saturday afternoon. As the crowds began marching down the streets towards the stadium, riot police began volleying tear gas into the masses. Those gathered around the city’s main bus station were hosed down by water cannons.

Ultimately, Bersih organizers were unable to hand over a memorandum that calls for the creation of a royal commission to look into electoral reform. Still, the rally was deemed a success.

The Malaysian Insider reported that one Bersih leader and national laureate, Datuk A. Samad, stated, “I have never seen all the races in Malaysia so united for one cause before.”

In 2007, a similar attempt was made to hold a rally for clean elections.  BBC News reported that as a result, supporters of electoral reform had “won an unprecedented number of seats in the last general election.”

For more information, please see:

BBC News – Malaysia: Police fire tear gas at banned rally – July 9, 2011

CNN – Mass arrests as Malaysia police and protesters clash – July 9, 2011

The Malaysia Insider – Bersih says 50,000 protested, declares rally ‘great success’– July 9, 2011

NY Times – Hundreds of Protesters Held in Malaysia – July 9, 2011

Sydney Morning Herald – Malaysia police arrest 1400 protesters – July 9, 2011

NY Times – Malaysian Opposition Digs In – July 7, 2011

By Brittney Hodnik
Impunity Watch Reporter, Oceania

CANBERRA, Australia – The Public Interest Advocacy Centre (“PIAC”) has now obtained documents that show that Australia’s military aided in preventing Abu Ghraib prisoners from receiving Red Cross treatment.  At the center of the detainee mistreatment investigation is Australian officer Major George O’Kane.

Defense documents reveal that Australian Army lawyer, Major George O’Kane knew much more about the abuses at Abu Ghraib than originally thought.  Although he was not personally involved with the highly publicized abuses, perhaps equally disturbing was his involvement in denying Red Cross medical attention to high priority prisoners.  According to ABC News, Major O’Kane told ICRC representatives that they could not interview certain detainees because they were “undergoing active interrogation.”

Major O’Kane was instructed to report any abuses or wrongdoings to his superiors.  Robert Hill, the then defense minister said that military lawyers and other officials could often “find themselves in tricky situations,” according to The Sydney Morning Herald. 

The only reports Major O’Kane made to his superiors were those concerning a U.S. investigation into photos.  He did not give evidence at a Senate inquiry in May of 2004, nor did he attend U.S. Congressional hearings on the abuses.  However, Major O’Kane did eventually play a role in tipping off the U.S. about the Red Cross abuses.   According to the Sydney Morning Herald, the Major was instructed to deny prisoners access to the Red Cross because of their status as “High Value Detainees” during a January 2004 visit.  Their process of interrogation reportedly required “imperative military necessity.”

Documents show that when Major O’Kane did express doubts about the legality of American interrogation techniques, defense officials ignored his recommendations.  The Straits Times reports that Defence Minister Hill made no effort to correct a public statement announcing that the techniques ‘were consistent with the Geneva Convention,’ even though he knew they were wrong.

Former colonel Mike Kelly was in Baghdad at the same time as Major O’Kane.  Kelly stood up for the Major telling The Sydney Morning Herald that the Major was “a really conscientious officer” and that “there were people with a lot more crap on their shoulders responsible for making these decisions.”

PIAC is a legal lobby group that obtained these documents through Freedom of Information laws.  PIAC Chief Executive Edward Santow said, “We need to assure ourselves that we have learned from the mistakes of the past and . . . ensure that the key information gets into the public domain about our policies in relation to the detention and treatment of prisoners of war.”

PIAC told the Associated Foreign Press that these documents show a “disturbing response by Australian officials regarding detainee mistreatment.”  PIAC will continue to inquire as to what the Australian Defence Force knew about the extent of the abuses at Abu Ghraib.

For more information, please visit:

Associated Foreign Press — Australia “linked to Abu Ghraib abuses” — 5 July 2011

The Straits Times — Alleged Australian Link to Abu Ghraib: Document — 5 July 2011

The Sydney Morning Herald — ADF Knew of Abuses at Abu Ghraib — 5 July 2011

Australian Broadcasting Company (ABC) — Australia’s Ties to Abu Ghraib — 4 July 2011

Herald Sun — Calls for Inquiry Into Abu Ghraib Abuses — 4 July 2011

By Brianne Yantz
Impunity Watch Reporter, Oceania

While Bashir, now 72, was found guilty of inciting terrorism, he was acquitted on the charge of funding terrorist activities.  According to The Washington Post, the judges believed the evidence was not substantial enough to establish that Bashir knew the money he had raised went towards purchasing guns for the training camp.

Still, Bashir has refused to accept the ruling. The Jakarta Globe reported that immediately after the verdict was read Bashir declared “this verdict is unfair because this is based on laws that are made by infidels, not based on sharia.  It is haram (forbidden) for me to accept the ruling.” His lawyers immediately stated that an appeal would be filed.

This is the third time in the past eight years that Bashir has been charged with activities connected to terrorism; the first two attempts to convict were ultimately unsuccessful.  In 2005, Bashir had been convicted of conspiracy over the 2002 Bali bomb attacks, which killed over 200 people. Yet after serving only 26 months, Bashir’s conviction was overturned.

Anti-terror police detained Bashir, who has been arrested repeatedly over the years, in August 2010 for his connection to the training camp. The training camp brought together radical militants from several jihadi groups.  It was believed they were planning a violent overthrow of the government and the mass murder of moderate Muslims and non-Muslim peoples. Although Bashir denied his involvement with the camp, he stated that it was legal under the laws of Islam.

According to the BBC News report, Bashir has repeatedly stated that the allegations against him were “engineered by America.” For years both the United States and Australia have been urging the Indonesian authorities to take a harder stance against Bashir.  However, the Indonesian authorities were hesitant to do so for fear of antagonizing Islamic radicals.  Last Thursday’s ruling indicates a new determination to tackle the extremist movement within Indonesia.

More than 3,000-armed police were sent to the courthouse where hundreds of Bashir’s supporters were gathered after authorities were alerted to bomb scares and threats of violence.  Although supporters cried foul when the guilty sentence was handed down, the crowd dispersed peacefully.

Bashir has been a part of the radical Islamic movement in Indonesia for over four decades.  He has been jailed and released on numerous occasions.

For more information, please see:

BBC News – Indonesia jails cleric Abu Bakar Ba’asyir for 15 years – June 16, 2011

The Jakarta Globe – Bashir Sentenced to 15 Years – June 16, 2011

NY Times – Indonesia Sentences Radical Cleric to 15 Years – June 16, 2011

Radio New Zealand – Indonesian militant cleric Abu Bakar Bashir has been found guilty of terrorism charges and jailed for 15 years – June 16, 2011

The Washington Post – Spiritual leader of Bali bombers gets 15 years on terror charge linked to new militant camp – June 16, 2011

By Brianne Yantz
Impunity Watch Reporter, Oceania

SUVA, Fiji – Last month, Ratu Tevita Mara, a former senior Fijian military commander, fled his country and escaped to Tonga after being charged with plotting to overthrow the government. Shortly after his departure, Mara began accusing the Fijian government and its self-appointed Prime Minister, Commodore Frank Bainimarama, of greed, corruption, and violence against dissenters.

Although Mara had been hiding out in the capital city of Tonga for weeks, his accusations were publicly broadcasted through videos that he posted to the website, YouTube.  The Australian government permitted Mara to enter the country so that he could attend a pro-democracy forum in Queanbeyan, New South Wales.  This sparked outrage from the Fijian Minister for Foreign Affairs, Ratu Inoke Kubuabola, who indicated that by welcoming a Fijian fugitive, Australia risked heightening tensions between the two nations.

Regardless, Australia appears to be supporting Mara and his plans to launch a regional, pro-democracy campaign aimed at putting an end to Fiji’s military regime.  Thursday, Mara announced his campaign plan which includes a tour of multiple Pacific nations and New Zealand, as well as a trip to New York to lobby the United Nations.  In an interview with The Australian, Mara stated that his hopes were to “get a consolidated front together to campaign for a quick return to democratic governance in Fiji.”

The Fijian government that Mara seeks to challenge has been in power since 2006 and has yet to hold a single election.  Recently, Prime Minister Bainimarama publicly vowed that elections would be held in 2014, as requested by the Australian and New Zealand governments.  However, Mara and other dissenters believe he has no plans to keep that promise.

Rajesh Singh, who formerly served as Fiji’s Minister of Youth Affairs, shares Mara’s concerns.  Singh, who now lives in New Zealand, has also challenged the Australian and New Zealand governments to take action against the current Fijian government.  Singh believes the only way to ensure a return to democracy in Fiji might be from a change that is forced from the outside.  He told Radio New Zealand that “It’s us, the people outside of Fiji, that can speak their mind.”

Despite Mara’s platform for democracy, there is no word on whether New Zealand will welcome Mara on his tour. Nik Naidu, a member of the Auckland-based Coalition for Democracy in Fiji, said that Mara “was one of the worst types of officers in Fiji” and that he and his group do not want him in the country.  In addition, Foreign Affairs Minister Murray McCully stated that Mara is currently on a list of people banned from entering New Zealand.  Mara will have to be removed from the list or granted an exemption before he can bring his campaign to New Zealand.

For more information, please see:

The Fiji Times – Intervention concerns State – June 10, 2011

Radio New Zealand – Group opposes Fiji officer’s plan to visit NZ – June 10, 2011

The Australian – Former senior Fiji military commander Ratu Tevita Mara to campaign against Fiji in Australia – June 9, 2011

The Sydney Morning Herald – Fiji threatens Canberra for granting visa – June 9, 2011

The Sydney Morning Herald – Another voice calls for Fiji change – June 8, 2011