Refugees Refuse to Budge, Indonesia Might Expel

By Michael E. Sanchez
Impunity Watch Reporter, Asia
     

 

Jakarta, Indonesia- Indonesia has stated the 78 Sri Lankan asylum seekers stranded in a boat off the coast of Sumatra must either cooperate with authorities over identity checks or risk expulsion.

The Sri Lankans were caught in Indonesian water on 18 October while attempting to reach Australia.  Both nations agreed to a deal last week which would see the asylum seekers moved to an Indonesian detention center.  The Sri Lankans, ethnic Tamils who are on board the Australian vessel “Oceanic Viking” have refused to be moved to Riau Island, an immigration detention center in Tanjungpinang, said an Indonesian diplomat. “The Sri Lanka immigrants insist on going to Australia instead,” said Sujatmiko, the foreign ministry’s diplomatic security director.

The asylum seekers numbering 68 men, five women and five children, were detained by Australian customs ship Oceanic Viking, 240 miles from Padang in waters near Enggano Island.

Teuku Faizahsyah, Indonesia’s foreign ministry spokesperson told the BBC that Indonesia will only be able to host the asylum seekers until they have been clearly identified.  The asylum seekers have so far resisted any efforts to get off the ship.  Faizahsyah says that if the stand-off continues, Indonesia will have no choice but to expel the Sri Lankans.

Indonesia could not force them to move to the Riau Islands’ immigration detention center because it would violate international law.  The refugees initially rejected health check-up by an Indonesian medical team but finally gave up after being persuaded by members of the Indonesian foreign affairs ministry’s team.

“Today the Oceanic Viking ship is still in water around 12 miles off the Bintan District coast,” said Sujatmiko.  The permission by the Indonesian government allowing the ship to moor near Cempedak Isle expires next Friday.  Sujatmiko denied a report saying that Indonesia had received US$50 million as compensation for accepting Sri Lankan immigrants, stating the government was willing to accept the asylum seekers because of humanitarian reasons.

The deal has been seen as a prelude to a wider-ranging agreement between the two nations expected to be signed in November.  The agreement would see Australia hand over cash to Indonesia, in exchange for Jakarta ensuring that Australia-bound ships with asylum seekers on board are intercepted.  The agreement has been criticized by some in Indonesia who say it is only a way for Australia to outsource its problems to their country.

For more information, please see:

BBC News- Indonesia ‘Might Expel’ Refugees  – 29 October 2009

Antara News- Sri Lanka Refugees to Budge From Australian Ship – 28 October 2009

Sri Lanka Watch- Australia Refuses to Accept SL Asylum Seekers  – 30 October 2009

Ex-Sierra Leonean Rebels Sent to Rwandan Prison

By Kylie M Tsudama
Impunity Watch Reporter, Africa

FREETOWN, Sierra Leone – Eight men found guilty by the United Nations-backed Special Court for Sierra Leone (SCSL) of war crimes and crimes against humanity have been transferred from Sierra Leone to a prison in Rwanda to serve their sentences.

The prisoners were sent from the SCSL detention facilities in Freetown, Sierra Leone to Rwanda because there are currently no prisons in Sierra Leone that meet international standards.

“Amid tight security, the eight men were flown by helicopter from the Special Court compound to Lungi International Airport, where they boarded a U.N.-chartered plane for Kigali, Rwanda,” said the Court in a statement.

According to spokesman Peter Andersen, they “left shortly after 0400 GMT.”

Of the men transferred, three were from the Revolutionary United Front (RUF) who were convicted in February on charges of terrorism, murder, rape, sexual slavery, and use of child soldiers among others.  For the first time in history, these men were convicted of forced marriage and attacks against peacekeepers.

Last week, SCSL upheld former RUF Interim Leader Issa Hassan Sesay’s sentence of 52 years, RUF Commander Morris Kallon’s sentence of 40 years, and former RUF Chief of Security Augustine Gbao’s sentence of 25 years.  Three former leaders of the Armed Forces Revolutionary Council (AFRC), Alex Tamba Brima, Ibrahim Bazzy Kamara, and Santigie Borbor Kanu and two former leaders of the Civil Defense Forces (CDF), Moinina Fofana and Allieu Kondewa complete the list of prisoners.

The eight prisoners have been transferred to Mpanga Prison in Rwanda where they will be held in the part of the prison originally built to house prisoners convicted by the International Criminal Tribunal for Rwanda (ICTR).  Their incarceration at this facility was facilitated by an agreement made between SCSL and the Rwandan government.

Time served while held by the SCSL will be given to the prisoners as credit toward their sentences.

Former Liberian President Charles Taylor’s trial, the last remaining defendant for the SCSL, is being held in The Hague, where it was moved for security reasons.  He is accused of controlling the RUF.

For more information, please see:

AFP – Sierra Leone Ex-rebels Leave to be Jailed in Rwanda: Court – 31 October 2009

Cocorioko – Special Court Prisoners Sent to Rwanda to Serve Their Sentences – 31 October 2009

Reuters – Sierra Leone Court Sends Convicts to Rwandan Prison – 31 October 2009

UN News Centre – Sierra Leone: Eight Men Found Guilty of War Crimes Transferred to Rwanda – 31 October 2009

UN Looking Into Guinea Violence

By Kylie M Tsudama
Impunity Watch Reporter, Africa

CONAKRY, Guinea – United Nations Secretary General Ban Ki-moon has launched an international inquiry into the violence against Guinean protestors last month.

On September 28, gunmen opened fire on a stadium full of anti-government protestors killing 157 and wounding more than a thousand others.

Earlier this week the UN Security Council condemned the violence because Russia was opposed and Moscow was uncomfortable getting involved with the domestic politics of an individual country.  According to the UN, the inquiry will “investigate those incidents with a view to determining the accountability of those involved.”

Algerian diplomat and jurist Mohamed Bedjaoui will chair the inquiry.  Captain Moussa Dadis Camara, leader of Guinea’s military government, has said that he will cooperate with the UN’s efforts.

The inquiry team will be filled out with Burundi’s Francoise Ngendahyo Kayirwamirwa and Mauritius’ Pramila Patten.  Kayirwamirwa has previously served on the International Criminal Tribunal for Rwanda and Patten is a member of the UN Committee on the Elimination of Discrimination Against Women.

Prior to traveling to Geneva and Guinea, the commission members will travel to New York City to meet with the Secretary General, said spokeswoman Michele Montas.

Guinea’s military junta warned that any sanctions imposed on the country might cause chaos in the country, warning that the international community was pushing the country into a situation “that could degenerate.”

The African Union, the United States, and the European Union have joined in imposing fresh sanctions on the junta.  The Economic Community of West African States (ECOWAS) is attempting to mediate the situation and Guinean leadership has agreed to give ECOWAS priority.  Burkina Faso President Blaise Compaore will be the mediator.

“The president (Dadis Camara) has said that he is putting the fate of Guinea in the hands of mediator Compaore,” said his spokesman.

International Criminal Court prosecutor Luis Moreno Ocampo has said that he is also investigating.

For more information, please see:

AFP – Guinea Junta Warns Sanctions May Cause Chaos – 30 October 2009

Al Jazeera – AU Imposes Sanctions on Guinea – 30 October 2009

All Africa – Ban Announces Members of Commission to Look Into Bloody Guinean Crackdown – 30 October 2009

AP – Guinea Protestors Freed After Being Forced to Eat – 30 October 2009

UN News Centre – UN Chief Ban Launches Inquiry Into Guinea Violence – 30 October 2009

Xinhua – UN Announces Establishment of Int’l Commission to Probe Guinea Incidents – 30 October 2009

Asylum Center Expansion Is Evidence of Policy Failure

By Eileen Gould
Impunity Watch Reporter, Oceania


CANBERRA, Australia
– The Australian government will increase the capacity of a Christmas Island detention facility as a result of the increase in the number of individuals seeking asylum.

As a result of the government’s plans, the detention center, which will cost approximately $40 million, will be able to hold more than 2000 individuals.

The government believes that it is necessary to increase the number of beds by approximately 50%.

It will continue to expand the center as space is needed and remains committed to a policy of mandatory detention for all unauthorized boat arrivals.

Christmas Island officials claim that careful planning of the expansion will be necessary to ensure human treatment and avoid overcrowding.

While the government claims these plans are an effort to cope with the influx of asylum seekers over the last few months, opposition officials have a different view.

They claim this is evidence of the administration’s failing immigration policies.  Expanding the capacity of detention facilities is not the answer, they claim, but rather the government must strengthen Australia’s immigration laws.

“[The Prime Minister’s] policy was a failure, it’s in chaos and it’s a shambles,” opposition leader Malcolm Turnbull stated.

Over the last several months, these policies have sparked bitter debate.  Prime Minister Kevin Rudd claims that the influx is the result of the current situations in countries such as Afghanistan and Sri Lanka.  The opposition, however, claims that the Rudd’s relaxation of the severe immigration policies inherited from his predecessor is at the root of the problem.

Rather than applying to the UN Refugee Agency, many asylum seekers will travel to Australia illegally by boat, which is encouraged by the administration’s lax policies.

This debate rages onward as seventy-eight Sri Lankan asylum seekers remain aboard a ship in waters just off one of the Indonesian islands.

Neither the government nor the asylum seekers are budging on their positions.

The asylum seekers indicated that they were being treated well but refused to disembark unless the ship went to Australia.

Indonesia will allow the ship to remain there for another week.

For more information, please see:

ABC News – Detention centre expansion ‘proves policy failure’ – 31 October 2009

ABC News – Detention centre expansion confirmed – 31 October 2009

The Age – Christmas Is detention centre to expand – 31 October 2009

BBC News – Australia to expand asylum centre – 31 October 2009

Election Fraud Surrounding Female Afghan Voters

By M.E. Dodge
Impunity Watch Reporter, Asia

KABUL, Afghanistan –   As women lined up to cast their ballots at various national voting stations, the event was tarnished by fraud and corruption. One man cast 35 votes for female relatives. Others lugged in sacks full of voting cards they claimed had been collected from women voters. In a village of only 250 people, 200 women supposedly voted in three hours.

Unfortunately, these stories are not unfamiliar. In Afghanistan‘s recent presidential election in August, one very sensitive area was that of fraud as women exercised their right to vote. The same speculation and concern remains present as the election on November 7 draws near for the runoff between President Hamid Karzai, and former Foreign Minister Abdullah Abdullah. Analysists are concerns as the stakes are so high.

Accepting the presence of fraud as it relates to allowing women to vote, the situation cannot be resolved in the weeks just before the election. There is a general acceptance of proxy voting by male relatives on behalf of female family members. In such circumstances, many women have expressed their reluctance to vote, primarily because of the threats of violence and polling centers that swarm with men. Further, those women who do brave the polling centers and are able to cast their ballots are often uneducated and therefore more easily manipulated.

Despite the uncertainty of how deeply rooted or how significant the impact of fraudulent women voting will be on the results in November, there is increasing speculation that women’s polling stations were more problematic than men’s since officials have not yet released the list of women’s polling stations.

FILE - In this Thursday, Aug. 20, 2009 file photo, Afghan women voters line up

This Photograph, taken August 20, 2009 shows Afghan women voters lining up to cast their ballots. Image Curtesy of Associated Press.    

According to a U.N. report, back in August, men arrived at voting stations carrying and submitting hand-fulls of female voter cards. Poll workers permitted these ballots to be cast without argument. The report further revealed that in some cases, men dragged in sacks full of cards supposedly for their female relatives. Under this sort of sporadic and unregulated election scheme, Theresa Delangis, part of a team working on election issues with the U.N. women’s fund, commented, “It allowed for women’s votes to be manipulated. Block voting, proxy voting, or there were just no women at the polling stations and those ballots were used for fraudulent votes.”

Concern remains as observers indicate that Afghanistan is no more of a safer voting environment now than it was two months ago. Election officials claim they have plans to recruit more women, but there is no reported progress to-date, as government workers are apparently waiting on a report of gender related proposals to the voting process.

For more information, please see:

New York Times – Intimidation and Fraud Observed in Afghan Election – October 31, 2009 

Yahoo! World News – Fraud surrounds women voters in Afghan election  – October 30, 2009 

Khaleej Times – Fraud surrounds women in Afghan election – October 31, 2009