Joint Effort Undertaken to End People Smuggling

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia –Indonesian President Susilo Bambang Yudhoyono and Australian Prime Minister Kevin Rudd agreed to cooperate on people smuggling after meeting today in Jakarta.

At a meeting following Yudhoyono’s inauguration to a second five-year term, Australia sought Indonesia’s assistance in controlling the number of refugees attempting to enter the country.  The two countries anticipate that asylum seekers will continue to seek refuge in Australia as the year comes to a close.

Cooperation is necessary because people smuggling involves the entire region, not just one or two countries.  Not only must the country of origin be involved, but the transit and destination countries must also be involved in order to settle the problem.

Over the next few weeks, officials from the immigration office, navy and the police will set forth guidelines to deal with boats intercepted in international waters.  The framework will provide a way for the governments to facilitate the resolution of people smuggling issues in the future so that they may avoid doing so on an ad hoc basis.

Officials will report to the President and the Prime Minister at the Asia-Pacific Economic Cooperation summit to be held in Singapore this November.

The countries did not establish the type of assistance that Indonesia would need to prevent people from trying to enter Australia.

There have also been reports that Australia will pay Indonesia incentive payments in order to stop people smuggling, but Australian Immigration Minister Chris Evans has dismissed these reports as “speculation”.

The Government claims that Indonesia has used its police, immigration department and other agencies in the past to assist Australia in putting an end to people smuggling.

Evans indicated that Australia would provide funding to the UN’s refugee agency.

Prime Minister Kevin Rudd’s administration and the opposition party have engaged in serious debate over the appropriate measures to address people smuggling.

Currently, there are approximately 255 Sri Lankans being held in Indonesia.  Australian Deputy Prime Minister Julia Gillard said that it is up to Indonesia, not Australia, to determine the fate of these individuals.

For more information, please see:
ABC News – Asylum seekers deal temporary: Indonesia – 21 October 2009

The Australian – Asylum-seeker incentive offer ‘speculation’ – 21 October 2009

Kompas.com – Framework Needed by Australia and Indonesia over People Smuggling – 21 October 2009

Bloomberg – Indonesia, Australia Boost Cooperation Against People Smuggling – 20 October 2009

Basque Protests In Spain Following Arrest of ETA Members

By David Sophrin
Impunity Watch Reporter, Europe

SAN SEBASTIAN, Spain – Thousands of people marched through the streets of the San Sebastian in northern Spain on Saturday to protest the arrests of ETA members and call for their release.  Members of the Basque region’s nationalist political movements, unions, and militant groups were among those who participated in the protest.

A Spanish judge ordered the arrest earlier this week of five men whom are accused of attempts to revive Batasuna, which was the political arm of the Basque-separatist movement ETA.  Among those arrested were Arnaldo Otegi, the former spokesman and leader of Batasuna, and Rafael Diez Usabiaga, a leader of the Basque movement.  They are alleged to be a part of a terrorist sect.  According to the Spanish Interior Ministry the police had been watching the suspects for months.  They were “[following] ETA directives.”

Batasuna has been banned in Spain since 2003 due to alleged links to ETA.  ETA has operated in southwestern Europe for over four decades and is responsible for conducting terrorist attacks, resulting in the deaths of approximately 825 people.  The goal of this decades-old organization has been the independence of the Basque region of northern Spain and southwestern France.  Both the European Union and the United States list ETA as a terrorist organization.

A 15 month cease-fire that the ETA had agreed to in 2005 was called off after talks between the separatist group and the Spanish government broke down.  After the collapse of the negotiations, the Spanish Prime Minister Rodriguez Zapatero has refused in re-engage the Basque separatist movement.  This new stance towards ETA comes at a time when both the Spanish and French governments have increased their efforts at dismantling ETA.

For more information, please see:

BBC – France detains ‘top Eta leader’ – 19 October 2009

SPANISH NEWS – Protests Against Basque Militants Arrests – 19 October 2009

EITB – Thousands turn out in San Sebastian to protest against arrests – 18 October 2009

AFP – Thousands protest arrests of Basque nationalists – 17 October 2009

EXPATICA SPAIN – Basque separatist leader jailed in Spain – 17 October 2009

TAIWAN NEWS – Spain jails 5 outlawed Basque party members – 17 October 2009

Voting Fraud Results in Run-off Election in Afghanistan

By Michael E. Sanchez
Impunity Watch Reporter, Asia  KABUL, Afghanistan- Following weeks of mounting international pressure, Afghanistan will hold a final and deciding round of its problem-laden presidential poll on November 7, which will pit President Hamid Karzai against rival Adbullah Adbullah.  This news comes a day after Afghanistan’s Electoral Complaints Commission (ECC); a UN-backed panel posted its findings on its website which stated it had clear evidence of fraud in August’s first round.  This confirmed what has been known for many days; that President Karzai scored less than the 50% which is necessary to avoid a second round with Abdullah, his main challenger.  As a result of the report, the ECC ordered that ballots from 210 polling stations be invalidated.

Article 21 of the United Nations Universal Declaration of Human Rights states that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”  This article also declares, “The will of the people shall be the basis of the authority of government, this will shall be expressed in periodic and genuine election which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

After weeks of intensive Western lobbying of Afghanistan’s leaders to resolve this crisis and the announcement of the final round, Mr. Karzai gave his reaction to the run-off at a news conference.  “I call upon our nation to change this into an opportunity to strengthen our resolve and determination, to move our country forward and to participate in the new round of elections.”  

The BBC’s Martin Patience, in Kabul, says that even with the new vote, there is no guarantee that any new vote will be free of the fraud that dogged the first round of elections.  White House spokesman Robert Gibbs said Afghans must work out their election process in a way that is seen as fair.  “The onus is clearly on this to be legitimate in the eyes of the Afghan people,” Gibbs said

For more information, please see:

BBC News- Endgame for Afghanistan’s elections? – 19 October 2009

Reuters- Karzai seen open to Afghan run-off-Western Sources – 19 October 2009

Bloomberg.com- Karzai May Open Path to Disputed Afghan Vote Solution-20 October 2009

BBC News- Afghan Election Goes to Run-Off – 20 October 2009

United Nations- The Universal Declaration of Human Rights

Niger Suspended by Africa Trade Bloc

By Jonathan Ambaye
Impunity Watch Reporter, Africa Desk

NIAMEY, Niger– On Monday, the Economic Community of West African States (ECOWAS) suspended Niger for its refusal to postpone its upcoming legislative election. Niger President Mamadou Tandja has disappointed his colleagues in ECOWAS with the recent actions he has taken to secure his third term in office. In May of 2009, Tandja made a constitutional referendum that would extend his term as President of Niger. Upon the presentation of the referendum, the Niger Parliament found it unconstitutional. Subsequently Tandja decided to dissolve the Parliament in order to insure his plan for a third term was not disturbed. The following month, Tandja also dissolved the Constitutional court after it ruled his third term bid illegal.

Tandja’s continued attempts to make illegal changes to his country’s political structure are what have brought ECOWAS suspension of Niger. In November, Niger will be finishing legislative elections for 113 legislators to replace the parliament Tandja dismissed back in May. The suspension was preceded by ECOWAS first deciding that Tandja’s referendum  was against the “letter and spirit of the Constitution of Niger and a violation of the ECOWAS Supplementary Protocol on Democracy and Good Governance.” Upon their finding, ECOWAS asked Tandja to delay these elections to allow for political dialogue following the controversial referendum that extended his time in office. As a result of his refusal to delay the elections, ECOWAS followed through with their threats by suspending Niger.

ECOWAS believes its suspension of Niger will affect Mr. Tandja. ECOWAS political director Abdel Fatau Musa said, “If you are considered a pariah, an outcast, from an organization you have ratified the conditions of, then psychologically it will affect you.” Musa further made the point that if Tandja does not back down the issue could find its way to the UN Security Council further isolating Niger.

Proponents of Tandja say that his contributions to the Niger economy is reason enough to make sense of his presidency.

For more information please see:

All Africa – Ecowas Imposes Sanctions on Guinea, Niger – 18 October 2009
BBC – Africa Trade Bloc Suspends Niger – 20 October 2009
BBC – Niger Corruption Case “Political” – 15 September 2009
VOA – Ecowas Suspends Niger in Dispute Over Constitution – 20 October 2009

UN Endorses Goldstone Report on Gaza

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

GENEVA, Switzerland – The United Nations Human Rights Council (UNHRC) voted on October 16 to officially endorse a report investigating the fighting between the Israeli military and Hamas fighters in Gaza during the winter of 2008. Twenty-five countries voted for the endorsement, while six voted against it.

 

The United States was one of the countries who voted against the endorsement, arguing that adopting the report would set back progress on peace talks between Israel and the Palestinian Authority. Britain and France did not vote, each said it had requested more time to work out a compromise resolution.

 

There were sharply differing views of the endorsement in Israel and the Palestinian Territories. Palestinian President Mahmoud Abbas had originally called for a delay of the vote, but changed his position after public outcry in the West Bank and Gaza Strip. The Palestinian ambassador to the United Nations, Riyad Mansour, praised the endorsement and said that the Palestinian Authority’s goal was to implement justice for those accountable for crimes against the Palestinian people in Gaza.

 

As Mansour is appointed by President Abbas and the Fatah party, however, it remains unclear how influential Mansour’s sentiments will be. Hamas, the ruling party in Gaza, was also criticized in the Goldstone Report for attacking Israeli civilians. Hamas released a statement saying that it supported the UN endorsement, but did not specifically address any charges against the party.

 

Israeli officials have expressed varying sentiments on the UN endorsement. Prime Minister Benjamin Netanyahu said that Israel would make sure the report was vetoed at the UN General Assembly.

 

“It’s going to the UN,” Prime Minister Netanyahu said about the report to his Likud Party. “We’ll make sure it gets vetoed.”

 

Other Israeli officials were more conciliatory. The Justice Ministry and Foreign Ministry have expressed support in establishing an investigation into the Goldstone Report’s allegations of war crimes, saying an official inquiry would help Israel combat the report. Defense Minister Ehud Barak said that he would not rule out an internal inquiry, but wanted to ensure that such an investigation would not tarnish either Israel’s existing investigative bodies or the prosecutors in the Israeli Defense Forces.

 

For more information, please see:

 

Ha’aretz – Cabinet Likely to Discuss Probing Goldstone Gaza Report Findings – 19 October 2009

 

Palestinian News Network – Council of Ministers Welcomes UNHRC Adoption of Goldstone, Pushes for Follow-Up, End to Settlements – 19 October 2009

 

BBC News – UN Backs Gaza “War Crimes” Report – 16 October 2009

 

New York Times – UN Council Endorses Gaza Report – 16 October 2009

 

Human Rights Watch – UN Security Council: Demand Justice for Gaza Victims – 12 October 2009