By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – In light of recent controversy surrounding the Government’s immigration policies, Australian Immigration Minister Chris Evans announced the establishment of a new advisory board.

The Council of Immigration Services and Status Resolution (“CISSR”) will advise the Minister on matters involving the new immigration policies, including New Directions in Detention and the newly created Community Status Resolution Service.

By providing independent advice on policies, services, and programs, the council aims to “resolv[e] the immigration status of people [seeking asylum or other migration outcomes] quickly and fairly while ensuring they are treated humanely and with dignity and respect”.

CISSR will be comprised of individuals from various sectors, ranging from a former Air Force official and a member of the Governing Council of the International Catholic Migration Commission to an Associate Professor at the University of South Australia’s school of nursing and the chair of the Violence Against Women Advisory Group.

Council members will use their diverse backgrounds and areas of expertise to assist in the implementation of the New Directions in Detention policy.

The Minister, while expressing his gratitude to the previous Immigration Detention Advisory Group for “valuable and long-standing contribution[s]”, believes that the new committee’s “community links will help strengthen the provision of community services to immigration clients in support of timely case resolution”.

In addition to advising the Minister on programs aimed at resolving immigration status outcomes, the CISSR will also provide guidance with respect to detention matters and the “adequacy of services available to assist people whose immigration status is unresolved”.  More specifically, the council will attempt to resolve the immigration status of an individual from within the community as opposed to the confines of a detention facility.

This announcement comes as the Government faces problems with the influx of people seeking asylum in Australia.

The Indonesian navy intercepted a boat today carrying approximately 260 Sri Lankan asylum seekers as they attempted to get to Australia.  Many of these individuals will be taken to one of Australia’s immigration detention centers on Christmas Island to have their applications processed.

Prime Minister Kevin Rudd has been the subject of heavy criticism in the past few months, as opposition lawmakers blame the influx of asylum seekers on the administration’s lax immigration policy.

After coming to office in late 2007, the Prime Minister ended his predecessor’s policy, known as the “Pacific Solution”, which some lawmakers, including former immigration minister Philip Ruddock, would like to see reintroduced.  Mr. Rudd’s new policy has placed an emphasis on expediting the claims of asylum seekers held on Christmas Island rather than keeping them detained for years in facilities in Nauru or Papua New Guinea.

The Prime Minister “makes no apologies whatsoever for deploying the most hardline measures necessary to deal with problems of illegal immigration into Australia”.

For more information, please see:
News.com.au – Boat fire refugees headed our way – 14 October 2009

BBC News – Australia PM seeks migrant help – 13 October 2009

Australia and New Zealand Magazine – New Advisory Body for Australian Migration Services – 12 October 2009

Australian Visa Bureau – Australian immigration advisory council announced – 12 October 2009

PS News – New Immigration Council allowed in – 12 October 2009

Australian Labor – New immigration advisory council – 09 October 2009

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia – Aboriginal elder Richard Downs, along with various political and legal adversaries, has accused the Australian government of racism against the aboriginal people. Downs criticizes the NT Emergency Response (NTER) measures, stating that the measures have disempowered Aboriginal people.

The Australian government suspended the Racial Discrimination Act to permit certain measures in the NT Intervention, such as compulsory welfare quarantining.

In a press release from Downs, he demands that the Australian government heed to the advice of the UN Special Rapporteur on Indigenous Rights, and end the NT Intervention. Downs criticizes the NT Intervention for taking away the “indigenous and human rights” of the Aboriginal people. He demands for equal treatment, and support for the UN Declaration on the Rights of Indigenous Peoples.

Furthermore, Downs states that the suspension of the Racial Discrimination Act has taken away the aboriginal people’s rights to ownership and control of their land.

Professor James Anaya, the UN’s Special Rapporteur on Indigenous Rights, states that the intervention is “racist and discriminatory.” After his visit to Australia, Professor Anaya found that “compulsory welfare income management, land take-overs, and alcohol bans…failed to comply with Australia’s international obligations [and] would have been illegal had the Racial Discrimination Act not been suspended.”

A leading human rights lawyer, Julian Burnside, states that “the federal government must rework or scrap racist elements of the intervention program in remote indigenous communities and honor Australia’s obligations under international law.”

Burnside emphasizes that it “is essential that the directions provided by Professor Anaya be given serious attention.”

Michael Anderson, a leading activist for the Aboriginal people, calls for the reinstatement of the Racial Discrimination Act, and also demands that Section 51 of the Australian Constitution be deleted. This section gives the Australian government the right to make laws with respect to any race it deems necessary. Anderson claims that this section of the Australian Constitution gives leaders too much power and discretion to control the people, and is “without regard for public opinion.”

For more information, please see:
Intervention walkoff’s Blog – Press Release from Richard Downs – 12 October, 2009

Perth Independent Media Centre – Australian government accused of disempowering Aboriginal peoples – 09 October, 2009

Australians for Native Title and Reconciliation – Indigenous rights organisation welcomes UN report on Northern Territory – 28 August, 2009

by Cindy Trinh
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands – Despite the civil conflicts, riots, and violence in the capital of Honiara, the Solomon Islands Truth and Reconciliation Commission (TRC) does not have the power to grant amnesty.

The Solomon Islands has struggled with civil conflict since 1999. The country went though a period of “ethnic tension” because of the cultural differences between the Malaita and the Guadalcanal. Two militant forces from both sides fought vigorously, and during this time there were kidnappings, torture, murders, and human rights abuses.

A cease fire was called, and a peace agreement was signed. The Regional Assistance Mission for Solomon Islands (RAMSI) was invited to restore law and order in the country. Although the country has generally been more peaceful, there is still no deep reconciliation between the parties.

Recently, the Solomon Islands TRC was created to further the goal of reconciliation between the two sides and for the peaceful future of the country. The format of the TRC is similar to that of South Africa’s TRC. However, unlike South Africa’s TRC, the Solomon Islands TRC does not have the power to grant amnesty.

Amnesty International criticized the limited amnesty provision, arguing that “those who committed human rights abuses should not be protected in any way but rather face full criminal charges.” Amnesty argues that such a limitation “is at odds with the mandate of the TRC” to address impunity.

However, Daniela Gavshon, head of the International Centre for Transitional Justice (ICTJ) Program, stated that the Solomon Islands 2000 and 2001 Act are unaffected by the TRC Act. Thus, those who qualify for amnesty under the 2000 and 2001 Acts will still have amnesty, but the TRC cannot grant amnesty.

Gavshon stated that the only thing the TRC can do with amnesties is recommend it.

For more information, please see:
Islands Business – Truth and Reconciliation Commission do not have power to grant amnesty – 07 October, 2009

Pacific Islands News Association – Solomon Islands Truth and Reconciliation Commission do not have power to grant amnesty – 07 October, 2009

Solomon Star – No power to grant amnesty – 05 October, 2009

Ministry Matters – The Solomans brace for truth – 22 September, 2009

Amnesty International – Solomon Islands: The Truth and Reconciliation Commission Cannot Work in Isolation – 29 April, 2009

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia – The West Australian government has decided not to terminate the contract of a private company which transports prisoners. Despite the suggestions of the coroner, who found that the transportation services of the private company posed serious human rights violations, the government will continue to contract with the company.

Mr. Ward, an Aboriginal elder, died of heatstroke during a transportation in a vehicle owned by the private company G4S. The coroner conducted investigations of the vehicle, and concluded that transporting Mr. Ward in the searing desert heat “was a disgrace,” and the van was “not fit for humans.”

The Government states that it supports the coroner’s recommendations, and agrees that there should be more training and monitoring of staff. The Government also agrees that prisoners should not be transported over long distances. However, Attorney-General Christian Porter says that the government will continue to contract with G4S.

Porter stated that the service could be brought back into the public sector. However, if it does stay in the private sector, Porter stated that, “the contract that governs the process will be a completely different type of contract to the one that presently exists.”

The Deaths in Custody Watch Committee says that G4S has caused the death of six people in Australia. Marc Newhouse, a representative from the Committee, says that the contract should have been terminated. He expressed outrage at the West Australian government’s inaction to terminate the contract.

Newhouse emphasized that G4S has been “subject to critical reports by the Australian Human Rights Commission” and is “not fit to operate in this country.”

Noongar elder Ben Taylor, an Aboriginal, contends that the racism in the system is causing Aboriginal people to suffer. Taylor is a member of the Watch Committee, and is determined to end the discrimination against the Aboriginal people.

Opposition Leader Eric Ripper argues that the government cannot simply terminate the contract so easily. By terminating the contract, Ripper argues that there could be financial consequences to the taxpayers. He further contends that this matter “needs careful examination rather than a kneejerk reaction.”

For more information, please see:

Deaths in Custody Watch Committee WA – Ward Campaign for Justice

ABC News – Van death: WA to keep prisoner transport contract – 30 September, 2009

Perth Independent Media Centre – Deaths in custody: WA to keep prisoner transport contract – 30 September, 2009

by Cindy Trinh
Impunity Watch Reporter, Oceania

PORT VILA, Vanuatu – Since the 1990s, Vanuatu has been criticized by the international community for its reckless treatment of prison inmates and its disregard for human rights. After years of pressure from the international community, Vanuatu is finally taking steps to improve its prison conditions.

According to various reports in the years of 1995-1998, the prison conditions in Vanuatu were especially degrading, and posed serious international human rights violations. The Ombudsman of Vanuatu investigated the prison conditions during this time period, and found them severely unsatisfactory. The Ombudsman requested further inspection and new construction for the prisons. However, because of the severe lack of funding, Vanuatu disregarded many of the complaints.

These reports stated only some of the horrible incidents that were happening within the prisons of Vanuatu, such as overcrowding, earthquake damage and rain water seepage, leaks, and dangerous electrical wiring.

Amnesty International was also prompted to report on the severe prison conditions in 1998, and described it as “men held in conditions amounting to cruel inhuman and degrading treatment in decaying, overcrowded former colonial prison.” A delegate for Amnesty International visited one of the prisons and found that several hundred prisoners were held in a prison built for only 63 people.

During a mass arrest, military and police officers abused their powers and assaulted numerous prisoners. They faced criminal charges of international assault for beating and kicking the prisoners. Approximately 500 officers were arrested and faced prosecution. The effect of this event was massive. There was widespread rioting and looting. Amnesty International reported that the criminal prosecution of the human rights abusers sent “an important signal that ill-treatment of prisoners must not be tolerated, that police and prison officers are not above the law, and that national emergencies do not excuse officers’ taking the law into their own hands.”

In April 2006, a report from Marc Neil-Jones, a publisher of the Vanuatu Daily Post newspaper, reported that human rights abuse was still present in the prisons of Vanuatu. Mr. Neil-Jones was jailed for five hours for a mere traffic offense, and witnessed other inmates chained in shackles. Some inmates told Mr. Neil-Jones that they had been chained for eight months.

However, recently this year in May 2009, the United Nations Human Rights Council’s Universal Periodic Review met with the Vice Chairperson of the Vanuatu UPR Committee to help work towards improving the conditions. Vanuatu invited the United Nations to assist it in meeting its human rights obligations, and also extended an open invitation to the international community to help continue its efforts in reaching its goals of realizing human rights.

Several recommendations were suggested to Vanuatu during the meeting. In general, these recommendations included: continually working on improving the structural conditions of prisons, conducting more investigations, taking measures to reduce discrimination, implementing more training for law enforcement officials, and combatting corruption.

More recently, on September 28, 2009 the UN Human Rights Council has been told that Vanuatu has taken further positive steps to improve conditions in prisons. Members of the international community and sponsors for Vanuatu, such as Australia, New Zealand, and Amnesty International, expressed their support for Vanuatu’s progress.

Specifically, Vanuatu has now enforced a separation of minors and adults in its correctional facilities. Vanuatu hopes that this small but important step will reduce not only the overcrowding of the facilities, but also reduce the conflict and tension between inmates.

For more information, please see:

Radio New Zealand International – Vanuatu improving prison conditions, UN told – 28 September, 2009

Amnesty International – Human Rights Council adopts Universal Periodic Review outcome on Vanuatu – 25 September, 2009

Human Rights Council Universal Periodic Review – Universal Periodic Review for 12 May 2009 – 12 May, 2009

Radio New Zealand International – Amnesty urged to inspect Vanuatu prison conditions – 3 April, 2006

Amnesty International – Dangerous prison conditions prompt Amnesty International report – 28 September, 1998

Digested Reports of the Vanuatu Office of the Ombudsman – Report on prison conditions and mismanagement of prison budget – 16 September, 1999