Oceania

Amnesty International Calls on New Zealand to Speak Out Against Repression in Fiji

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – Amnesty International is calling on New Zealand and other countries in the region to speak out and intensify calls for Fiji to cease human rights abuses, including arbitrary arrests, intimidation, threats, assaults, and detention.

In its call for New Zealand and other countries to speak out against repression in Fiji, Amnesty urges that the topic of human rights are included in any dialogue with Fiji.

Human rights violations have been increasing in Fiji ever since Public Emergency Regulations (PER) were imposed in April of 2008, when ex-President Ratu Josefa Iloilo abrogated Fiji’s constitution and reappointed Commodore Frank Bainimarama as Prime Minister.

Under the PER, Fiji’s military and security forces retain absolute control over the country’s population, and soldiers and police enjoy complete immunity from prosecution for their actions, including serious violations of human rights.

Not only does the PER encourage violations of human rights, the Fiji regime is continually bringing in more measures to stifle dissent.

Amnesty’s Pacific Researcher, Apolosi Bose, stated that the Fiji regime has become “comfortable with getting away with human rights abuses, because they are shutting down their opponents one by one.” Amnesty urges New Zealand and other countries to maintain a strong stance against the Fiji regime.

Last week, Foreign Minister Murray McCully announced that New Zealand and Fiji had agreed to improve diplomatic relations. Amnesty believes that this “provides an increased opportunity to raise concerns about the recent intensified crackdown on opponents of the Fijian regime.”

Apolosi Bose further stated: “Fiji’s neighbors must urge the regime to restore the independence of the judiciary and cooperate with the United Nations in ending human rights abuses.”

For more information, please see:
Amnesty International – NZ-Fiji re-engagement must consider human rights – 21 January 2010

Radio New Zealand International – Amnesty calls on region to speak out against repression in Fiji – 21 January 2010

Silobreaker – Amnesty calls on region to speak out against repression in Fiji – 21 January 2010

Gerard Jodar Campaigns for Change in New Caledonia’s Prison Conditions

By Cindy Trinh
Impunity Watch Reporter, Oceania

NOUMEA, New Caledonia – Gerard Jodar, the union leader of the pro-independence trade union federation Union of Kanak and Exploited Workers (USTKE), has campaigned for change in New Caledonia’s prison conditions, and now warns of a possible uprising at the Camp Est prison in Noumea because of the poor, and inhumane conditions there.

On January 14, 2010, an appeal court ordered the immediate release of Jodar, who was imprisoned in June for his role in a protest at Noumea’s domestic airport. Jodar was convicted to a one-year prison term, however, has been released after serving a 7-month prison term.

It is believed that the court was influenced by the visit of a European Parliament delegation led by the French Deputy and activist, Jose Bove. During a visit to Camp Est prison in Noumea, the parliament delegation denounced its poor condition, calling it an “unacceptable situation.”

A spokesman for USTKE, Joseph Boanemoa, says the release means that they have “succeeded in highlighting the unacceptable state of the prison…as well as underlining their right to protest.”

The incarceration of Jodar is being used by USTKE to campaign for changes at the prison, which is among the most overcrowded prisons run by France.

Jodar has condemned the terrible prison conditions in Noumea’s Camp Est prison. He says that the prison is heavily overcrowded and is full of “young indigenous Kanak prisoners living in squalid conditions.” Jodar approximates that 97% of the prisoners are young Kanaks.

The prison, intended for only 190 detainees, has 417 detainees living within its walls. For each 11-square metre cell, there are five or six prisoners.

There is no education system at Camp Est prison, and thus no way to facilitate reintegration into society.

Also, there is not enough food to feed the starving prisoners.

Jodar contrasted France’s role in “championing human rights with the ‘colonial era’ prison conditions.”

In other words, the people in the jail are being treated like “dogs,” according to Jodar.

Not only are conditions poor for the prisoners, it is also poor for the prison staff. They are significantly understaffed, and because of the poor working conditions, the guards are discouraged.

Jodar has warned of a possible uprising at Camp Est prison because of the poor conditions there, and he continues to campaign for changes at the prison.

In effect of Jodar’s imprisonment and statements regarding the poor prison conditions, there have been clashes between the working class suburb of Montravel and the Saint Louis tribal area.
The conflict has put the spotlight on serious poverty issues among urban Kanaks. Bitter discontent has emerged over social inequalities between indigenous Kanaks and neighboring Islanders, and also between French settlers and metropolitan residents.

For more information, please see:
Radio New Zealand International – Jodar warns of New Caledonia jail revolt – 15 January 2010

Australian Broadcasting Corporation, Radio Australia – USTKE welcome release of union president from New Caledonia jail – 14 January 2010

Radio New Zealand International – New Caledonia court releases USTKE leader Jodar after 7 months in prison – 14 January 2010

Solomon Star – New Caledonia court releases USTKE leader Jodar after 7 months in prison – 14 January 2010

Pacific Scoop – Jailed union leader calls for probe into “terrible” prison conditions for Kanaks – 29 August 2009

Tamil Asylum Seekers Protest Slow Processing of Claims on Christmas Island

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Tamil asylum seekers have staged a protest at the Christmas Island detention facility as a result of the slow processing of their applications.

More than four hundred asylum seekers at the center have decided to boycott use of the facilities and participation in certain activities.  They have boycotted the gym, the internet and computers, library services as well as the cafeteria.

Because processing has been extremely slow, many individuals have waited for over six months to receive a decision on their applications.  The current protest involves the processing of claims made by the Tamil asylum seekers, totaling 196, that arrived in June 2009.

The immigration department has a self-imposed ninety day maximum for processing asylum applications on Australia’s mainland.

Of the 196 Tamils awaiting processing, 112 have in fact received visas.  However, seventy-eight asylum seekers, having been kept in detention for six months, have yet to receive any decision on their applications.

An additional seventy-eight asylum seekers, who arrived in the middle of August 2009, also have been waiting for approximately five months, without any word on the status of their visas.

One detainee summed up his frustrations in a phone conversation with a Refugee Action Coalition representative.  “How long do we have to wait?  We are too long waiting.  Our families have problems.  We have too many problems.”

The protest has been suspended, pending the outcome of a meeting on Wednesday between the Tamil asylum seekers and representatives from the Department of Immigration and Citizenship (DIAC).

If the results of the meeting are not “satisfactory”, the Tamils promise to protest further.

An immigration department official stated that each Tamil’s situation “must be assessed on its individual merits”.

A spokesman for the Refugee Action Coalition, Ian Rintoul, stated that the Tamils’ applications should not have taken this long to process, arguing that the government has employed a “double standard”.

“All of the Oceanic Viking Tamil asylum seekers were processed within six weeks.  The Tamils are victims of Labor maintaining a policy of off-shore processing part of Kevin Rudd’s Indonesia solution.”

The Refugee Action Coalition has expressed concern over the effects of long term detention practices.

Although the Immigration Minister claims that the policies of Prime Minister Rudd’s administration are humane, the Coalition feels otherwise.

“It is time [the Christmas Island detention facility be] closed.  Asylum seekers should be allowed to live in the community while their applications are being processed.”

These protests come as the number of detainees on Christmas Island approaches maximum capacity, with reports indicating the existence of ethnic tensions and overcrowding.

For more information please see:
Herald Sun – Asylum island ‘transit lounge’ – 07 January 2010

Scoop World – Christmas Island Detainees Protest Over Slow Processing – 06 January 2010

Sydney Morning Herald – Tamils boycott gym over processing times – 05 January 2010

Three Boats, Three Days, Controversy Continues Over Asylum Seekers

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia –   A boat carrying forty-eight asylum seekers was intercepted by Australia’s navy this past Wednesday off the north-west coast of Western Australia, near the Ashmore Islands.

The Ashmore Guardian vessel, working under the Border Protection Command, stopped the boat around 9AM on Wednesday.

These individuals have been taken to Christmas Island for mandatory health, national security and identity checks.

In the last week alone, border authorities seized a total of three boats carrying asylum seekers and crew.  This past Monday, the navy intercepted eleven asylum seekers near the Ashmore Islands.  Again, on the following day, the navy intercepted an additional thirty asylum seekers and three crew members, who were attempting to enter Australia.

This brings the total number of asylum seeker boats arriving in Australia to sixty-one in 2009.

2009.12.31 Asylum Seeker boat
Border protection take asylum seekers to Christmas Island for health, safety and identity checks (Photo: Courtesy of ABC News).

Tony Abbott, the federal Opposition Leader, accused Prime Minister Kevin Rudd of being soft on border protection and losing control of the nation’s borders.

In the future, Mr. Abbott says that the navy or coastguard may turn around boats carrying asylum seekers at sea, an approach endorsed by Mr. Rudd before the last election.

Even though taking such action may potentially violate international law, Abbott stated that “[t]his is something that is being done in the past and something that’s being done by comparable countries and if we are to fully protect our borders we can’t rule it out.”

This approach has been rejected by Home Affairs Minister Brendan O’Connor.

Mr. O’Connor supports the Government’s current policy, which involves taking intercepted asylum seekers to the detention facility on Christmas Island, where they remain while waiting for their refugee status to be processed.

In November 2007, Prime Minister Rudd called for tough measures to handle immigration, claiming that turning the boat back at sea is an effective deterrent.

At that time, he stated, “Deterrence is effective through the detention system but also your preparedness to take appropriate action as the vessels approach Australian waters on the high seas.”

Former Prime Minister Malcolm Fraser has voiced criticism of both Mr. Abbott and Mr. Rudd.

Referring to the standoff with the Sri Lankan asylum seekers this past October, Mr. Fraser stated that the Government’s handling of the situation “doesn’t do Australia’s image as a humane, civilized, compassionate community much good.”

In light of this past week’s events, the Government’s border protection policy has come is being reviewed.

According to the Minister for Home Affairs, Brendan O’Connor, the Government has spent more than $650 million to implement a strategy to prevent successful people smuggling.

For more information please see:
The Australian – Tony Abbott boat plan ‘miserable’ – 01 January 2010

The Daily Telegraph – More boat people intercepted – 31 December 2009

Sydney Morning Herald – Turn asylum seeker boats back: Abbott – 31 December 2009

ABC News – Another asylum seeker boat intercepted – 30 December 2009

Concern of Escalating Conflict in West Papua After Death of Kelly Kwalik

By Cindy Trinh
Impunity Watch Reporter, Oceania

MANOKWARI, West Papua – There is growing concern about the possibility of escalating conflict in the Papua region of Indonesia in the wake of the death of the Free West Papua Movement leader, Kelly Kwalik.

Kwalik was the leader of Papua’s separatist movement and has been fighting for Papuan independence for the last 30 years. He was on Indonesia’s most wanted list for many of those years.

Kwalik was conducting a raid in the Papuan town of Timika. He led a group of separatists who have been fighting for independence from Indonesia for decades. Kwalik was killed in a shootout with the Indonesian police.

Police had been hunting Kwalik for a long time, searching through the vast jungles of the Indonesian province.

Agus Riyanto, a spokesman for the Papuan police, stated that Kwalik was shot while trying to escape the police.

For decades, the separatist movement has resented the Indonesian government. Guerrillas often launch hit-and-run attacks against Indonesian troops with bows and arrows and World War II-era rifles.

Amnesty International has accused the Indonesian police of abuses in the province, claiming that dozens of independence demonstrators have been wrongfully arrested and killed.

During the burial of Kwalik, tribal leaders continued to allege human rights abuses by the Indonesian government.

At the funeral, around 400 people followed the casket of Kwalik through the streets of Timika. Kwalik’s casket was draped in the outlawed Morning Star flag of Papuan independence (anyone who waves the Morning Star flag may be confined in prison for life).

The death of Kwalik has triggered anti-Indonesian protests and calls for independence for the Melanesian region.

Anger has been directed at the mine site Freeport McMoRan, which operates a huge gold and copper mine north of Timika, that has been at the center of allegations of rights abuses against Papuans.

Police blamed Kwalik for a series of attacks, including an attack on Freeport McMoRan. Kwalik allegedly led an attack that killed two employees of Freeport.

Kwalik had denied the allegations and some believe that the Indonesian security forces launched the attacks as a way of extracting more protection money from Freeport.

Papuan Customary Council spokesman Dominicus Serabut stated: “Freeport is responsible for the death of Kelly Kwalik and that is why Freeport must be shut down…General Kelly Kwalik was not involved in the shootings in the area of Freeport Indonesia.”

Those who supported Kwalik and his movement thought of him as “a brave fighter in the struggle to defend genuine truth and justice for the people of Papua, and for all the tribes on the face of the Earth who yearn to stand strong for these values.”

Since the death of Kwalik, the struggle for independence has taken a huge blow. Analysts said that Kwalik’s death may fuel anti-Indonesian sentiment, which underlies the need for talks with separatist leaders.

Analyst Muridan Widjojo, who has been involved in efforts to foster trust and dialogue between the two opposing sides, stated: “Kwalik’s death will intensify the Papuan people’s struggle for independence…There will be growing distrust among Papuans towards the central government. This is a strong reason why a peaceful dialogue becomes an urgent need.”

Although Kwalik was one of the most active commanders and was the backbone of the separatist movement, other militants can replace him.

Widjojo stated that at least six other leaders are still at large across the region and they could increase attacks on security forces and other Indonesian-ruled entities as revenge for Kwalik’s death.

He strongly suggests that there is no other way but to hold peaceful dialogue in order to prevent a possible backlash.

Before Kwalik’s death, there had been promotion of dialogue through the West Papua National Coalition for Liberations, an umbrella organization of independence groups that has been seeking talks with Jakarta.

Papuan human rights advocate Theo Hesegem condemned the shooting of Kwalik and said his death would only disrupts efforts to promote dialogue.

Hesegem stated: “If this kind of violent approach continues to be used, the Papuan people will become more convinced that they have to be separated from Indonesia.”

Australian academic Damien Kingsbury, of Deakin University, who was involved in the negotiations that clinched a peace deal in the Aceh region, believes that Kwalik’s death has created “new opportunities” for a settlement.

Kingsbury stated: “The death of Kwalik…may allow the West Papua Coalition an opportunity to streamline its internal negotiating position….The question will be, in his second and final term of office, whether Indonesia’s President Susilo Bambang Yudhoyono is serious about taking up the option of negotiation.”

The Indonesia Human Rights Committee is calling for an internationally mediated dialogue between Papuan representatives and the Indonesian government.

The Committee also says that the New Zealand government should publicly back negotiation and dialogue as the “path to peace” in the region.

For more information, please see:
Pacific.Scoop – Kelly Kwalik Died to Free the People of Papua – 24 December 2009

Radio New Zealand International – New Zealand NGO calls for dialogue to ease Papuan tensions after Kelly Kwalik killing – 24 December 2009

Jakarta Globe – Kwalik’s Death Could Fuel Anti-Indonesia Sentiment in Papua – 22 December 2009

BBC News – Indonesia police ‘kill’ Papua separatist Kelly Kwalik – 16 December 2009