New Zealand Refuses to Help Asylum Seekers

By Cindy Trinh
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand – New Zealand rejected the Rudd Government’s plea to resettle some of the 78 asylum seekers refusing to leave an Australian customs boat, the Oceanic Viking, just off the coast of Indonesia. New Zealand’s refusal to help the asylum seekers has increased pressure on the Rudd Government as it tries to resolve the stand-off over the Oceanic Viking.

The Oceanic Viking consists of a group of Tamil men, women, and children. This group has been on board the Oceanic Viking since their boat was intercepted off Christmas Island over 3 weeks ago.

New Zealand’s Immigration Minister, Jonathan Coleman, announced that New Zealand will not grant the Rudd Government’s plea to resettle some of the asylum seekers.

Coleman further stated: “The New Zealand Government does not believe that an ad hoc approach to dealing with individual cases like the Oceanic Viking will send the right message…The broader issues aren’t going to go away. There are literally thousands of displaced people across the Asia-Pacific region.”

Further opponents argue that agreeing to resettle the asylum seekers would “set an unwanted precedent for New Zealand’s conservative Government.”

Coleman expressed his fear and wary for rewarding actions that seek to “jump the queue for entry to New Zealand.” He concluded that it is unlikely that New Zealand will offer settlement to asylum seekers on board the Oceanic Viking.

Coleman’s Australian counterpart, Chris Evans, also agrees that it is unlikely that New Zealand will offer settlement to asylum seekers on board the Oceanic Viking, but is hopeful to an ongoing co-operation with New Zealand regarding this matter.

Conflict between Indonesia and Australia continues. The chief military spokesman from Indonesia, Rear Marshal Sagom Tamboen, called the Oceanic Viking an “uninvited guest” and contends that its presence has undermined Indonesian sovereignty.

Tamboen expressed frustration with the inability of Australian officials to persuade the 78 asylum seekers to disembark. Angry with the presence of the Oceanic Viking, he stated: “It creates so much harm to us because we must do work that is not on our planned agenda, namely guarding an uninvited guest. It is harming our sovereignty. It has only brought troubles into our waters.”

Tamboen attacked Australia’s reluctance to solve the problem and questioned why such a wealthy country like Australia did not simply accept the asylum seekers on its own shores.

The Oceanic Viking security clearance to remain in Indonesian territory runs out on Friday, November 13. Indonesia announced that it is not inclined to extend that security clearance.

Australian immigration officials went on board the Oceanic Viking to negotiate with the asylum seekers, but they expressed that no deal had been reached. The asylum seekers would be happy with an offer of settlement on Australian soil, but if they were to be settled on Indonesian soil, they want to stay in regular housing. Many of the asylum seekers contended that when they stayed at an Australian-funded detention center in Indonesia they suffered physical and emotional trauma as a result.

The Prime Minister, Kevin Rudd, and the Foreign Minister, Stephen Smith, plan to attend the APEC conference in Singapore where they will seek progress on regional co-operation on people smuggling.

For more information, please see:
The Age – NZ rejects Rudd Government plea on refugees – 11 November 2009

Islands Business – NZ rejects Rudd Government plea on refugees – 11 November 2009

MyBIZ – NZ rejects Rudd Government plea on refugees – 11 November 2009

WAtoday – NZ snubs Rudd on asylum seekers – 11 November 2009

Yemen Rejects International Intervention in Rebel Conflict

By Ahmad Shihadah

Impunity Watch Reporter, Middle East Desk

SA’NA, Yemen – Yemen told outside powers Wednesday to stay out of its battle with the Hutis, a Shi’ite rebel group in its northwest. This came amid concerns that Iran and Saudi Arabia are being drawn into the conflict. The statement was issued by the official state news agency Saba, following a statement of concern for Yemen’s “national unity and territorial integrity” by Iranian Foreign Minister Manoucher Mottaki on Tuesday.

Yemen continued saying the fight between the government and the al-Huthi rebels was an internal issue and that Yemen was able to tackle its own problems without any interference or mediation from others. An unnamed Yemeni foreign ministry official issued a statement saying “as we welcome what Mr.Mottaki said about Iran’s stance towards Yemen’s stability and unity, Yemen affirms that it absolutely rejects any intervention in its internal affairs.”

Yemen has repeatedly accused Iran of supporting the rebels, and in October announced it had captured five Iranians attempting to smuggle a boatload of weapons to them, but no hard evidence was provided.  A Yemeni government official told CNN on Tuesday that Yemen’s navy was ‘on the highest state of alert.”

International concern continues to grow amid the conflict in Yemen, as many view the impoverished nation as a potential safe-haven for al-Qaeda. Further, the stage could be set for a proxy struggle between Shi’ite-dominated Iran and the Sunni-led Saudi monarchy. Yemen has signed an agreement with the United States for co-operation on military intelligence and training, according to Saba, Yemen’s official state news agency. The deal aims to strengthen co-operation in the “extermination of terrorism smuggling and piracy” according to Yemen’s chief of staff Ahmed Ali al Ashwal.

The United Nations continues to express alarm over the fighting and said there has been a “significant increase” in the number of people displaced in recent weeks. The U.N. High Commissioner for Refugees estimates as many as 175,000 people have affected by the conflict since 2004, U.N. spokesman Farhan Haq said Tuesday.

For more information, please see:

CNN – Yemen Warns Against Intervention in Rebel Conflict – 11 November 2009

The National – Yemen ‘Rejects Outside Interference’ – 11 November 2009

WashingtonTv – Yemen Rejects Iran’s “Interference” in its Affairs – 11 November 2009

Sri Lanka and Australia Discuss Human-Smuggling


By Alok Bhatt
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Officials from Australia and Sri Lanka recently began discussions to inhibit the extensive people-smuggling into Christmas Island and other regions of Australia.  The Australian and Sri Lankan foreign ministers met in Colombo on Monday to discuss maritime security with Sri Lankan president Mahinda Rajapaksa.  The issue of Sri Lankan refugees seeking asylum in Australian territory became more imminent while the two nations planned discussions on the social detriments and dangers of people-smuggling, as refugee boats bound for Australia were captured just this week.  Many of the Sri Lankan asylum-seekers are of the Tamil minority race, who endure increasing and persistent persecution in Sri Lanka due to the May defeat of the Tamil Tigers rebel group.  Although most of the refugees are civilian nationals with no actual affiliation with the Tamil Tigers, the Sri Lankan government has taken no measures to mitigate rights violations perpetrated against the Tamil minority.  Discrimination in employment and other fundamental rights further push the Tamil minority out of Sri Lanka to seek a decent mode of living.    

The Sri Lankan Tamil minority began emigrating to Christmas Island, which serves as a haven for many people of troubled countries.  However, accumulating an excessive emigrant population due to years of entering refugees, Australia’s border patrol elevated security around the island’s surrounding waters.  

Australian guards also solicited the assistance of the Indonesian border patrol to curtail the influx of refugees into Christmas Island and Australian land.  Indonesian vessels have captured numerous Tamil boats and escorted them to Indonesian docks.  Many passengers on the captured vessels refused to leave the docked boats until Australia granted them asylum, sometimes engaging in hunger strikes and other forms of protest.  

Although the Australian maritime security vessels have saved Tamil boats facing trouble in the water, Sri Lanka and Australia both explicitly express their contempt for human-smuggling.  Both nations argue that the operators of the refugee boats are simply opportunists capitalizing off the dire situation of the Tamil minorities.  Sri Lankan officials also suggest that the Tamils leaving Sri Lanka represent a poor class of people searching for a greater livelihood, denying any allegations of persecution.  

The Australian and Sri Lankan governments mutually agreed to prohibit the use of force to deter or detain Tamil refugee boats.  However, Sri Lanka’s denial of human rights violations raises issues concerning its motives for wanting to keep the Tamil minority within Sri Lankan borders.   


For more information, please see:   

Al-Jazeera – Boat people on Colombo talk agenda – 09 November 2009

The Australian – Tamil economic refugees: Sri Lanka – 12 November 2009

VOA News – Asylum Seekers Adrift on Boat – 27 October 2009   

Taylor Says He Was Tricked By Nigeria Into Leaving Liberia

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

THE HAGUE, Netherlands-Today, prosecutors at The United Nation’s Special Court for Sierra Leone began their cross-examination of former Liberian President, Charles Taylor. Taylor is facing charges for war crimes and crimes against humanity. Taylor has been the defense’s first witness, and has spent the last thirteen weeks under direct examination of his defense attorneys. During the course of these thirteen weeks, much of it has involved Taylor dismissing the prosecution’s case against him as a series of lies.

With their first opportunity to respond to Taylor’s cries of “lies”, the prosecution opened their cross-examination of Taylor by asking, who was lying? In the course of questioning, the prosecution said, “Now Mr. Taylor, you have said to this bench throughout your direct examination that all of this evidence here before you, it’s all lies. And you have talked about how perhaps, cunning is not the word you used. But Mr. Taylor, it’s true isn’t it that of all the people who have come before these judges, you are the one who has the most reason to lie?”

Taylor subsequently responded by disagreeing with the prosecutor’s assertion that he is the one lying, because he has the most to lose. Taylor says, I have been truthful before this court. Unless you can point to me. I have told this court the truth. And I suggest that you point to me and present the evidentiary fact before this court that I am lying.”

Taylor is pleading not guilty to an eleven count indictment that includes murder, rape, enslavement, and conscription of child soldiers. Taylor’s defense attorneys today questioned the legality of Taylor being turned over to the court after he was granted political asylum in Nigeria. In conclusion of his defense testimony, Taylor said he agreed to resign as Liberian President in 2003 for the sake of peace, but was tricked by the “international community.” Taylor says in reference to the charges against him, “This was about regime change, and everything was put into place to accomplish that regime change.” Taylor later spoke of how he was repeatedly assured by other African leaders, specifically then Nigerian President, Olusegun Obasanjo that he was not going to be turned over to the Special Court.

Taylor is convinced that “Washington” and “London” were determined to see him stand trial, and thus he claims they influenced other African nations such as Nigeria to turn him over to the Special Court.

For more information please see:

BBC  – Charles Taylor “Duped” by Nigeria – 10 November 2009

Charles Taylor Trial – “I Decided That I Will Leave Liberia For The Sake of Peace” – 9 November 2009

VOA – Cross Examination Begins in War Crimes Trial of Former Liberian President – 10 November 2009

Russian Constitutional Court Considers Ending Ban On Death Penalty

By David Sophrin
Impunity Watch Reporter, Europe
MOSCOW, Russia – The Russian Constitutional Court is considering the reinstatement of the death penalty in the country’s criminal justice system.

When Russia joined the Council of Europe in 1996 it agreed to outlaw executions in accordance with Protocol Six of the European Convention.  However, the Council’s proposed ban on the death penalty was never ratified by the Duma, the Russian legislature.  In 1999 the nation’s Constitutional Court found that the death penalty could no longer be used until jury trials were established in all of the country’s regions.  Currently jury trials have been established in every region except Chechnya.  But given the coming expiration of this ban on January 1, when the Northern Republic of Chechnya adopts jury trials, the Constitutional Court has been asked by the Russian Supreme Court to review this ban to see whether it needs to be extended.

In addition to addressing the issue of the moratorium, the Constitutional Court must also address the issue of whether the reinstating of the death penalty would violate Russia’s international obligations.  Russia is currently the only member of the 47 countries that make up the Council of Europe to not ratify the ban.

Although the death penalty remains in the nation’s criminal code, the death penalty moratorium is still adhered to in Russia.

There have been some calls for the reinstatement of the death penalty to be applied to those involved in terrorism in Chechnya.  Polls indicate that a majority of Russians are in favor of the death penalty.  President Dmitry Medvedev and many of the leaders in the Duma, however, have indicated their desire to not see the death penalty re-introduced.  A spokeswoman for the Federation Council, the upper house of the legislature, expressed the sentiment of some legislators.  “The states that kills criminals – its citizens – should not expect an improvement in the moral climate of the country.”

Vladimir Lukin, Russia’s chief human rights ombudsman, noted statistics that the use of the death penalty in other countries has not acted as an effective deterrent to crime.

Not all Russian political leaders are supportive of continuing the moratorium.  Alexander Bastrykin, the head of the investigative committee of prosecutors, is among those supporters.

A spokesman for the Constitutional Court indicated that the court’s decision may come before the new year.

For more information, please see:

BBC – Russia to decide on death penalty moratorium – 10 November 2009

RIA NOVOSTI – Russia’s Constitutional Court hears arguments on death penalty – 10 November 2009

AP – Russian court looks at death penalty ban extension – 9 November 2009

FOCUS NEWS – Top Russian court set to rule on death penalty moratorium – 9 November 2009

REUTERS – Russian High Court Debates Reinstating Death Penalty – 9 November 2009

RT – To kill or not to kill, that’s the Supreme Court’s question – 31 October 2009