1) WPAA letter to Australian High Commissioner

1) WPAA letter to Australian High Commissioner

2) Australia says it admires Indonesia’s autonomy moves for Papua.

3) Group of seven West Papuan asylum seekers feel powerless.

4) Australia accused of breaking its laws in deporting Papuans.

5) IOM says PNG handling process for West Papuan asylum seekers.

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1) WPAA letter to Australian High Commissioner

West Papua Action Auckland,

Box 68-419,

Auckland.

 

 

30 September 2013

 

The Australian High Commissioner.

His Excellency Mr Micheal Potts,

72-76 Hobson Street, Thorndon,

Wellington .

 Fax: 04 498 7135

 

 

Your Excellency,

 

 

West Papua Action Auckland is shocked to learn of the deportation of a group of seven West Papuan asylum seekers from Australia’s Horne Island.  We believe that this action is in breach of Australia’s obligations under the 1951 Refugee Convention and the humanitarian principles that underlie international law and practice on refugee matters.

 

We understand that the group, which includes a woman and a child, escaped by sea from Indonesian controlled West Papua and succeeded in landing safely on the Australian island Boigu, Torres Strait on 24 September 2013.  Australian authorities arranged for the group to be taken to Horne Island but they were denied any form of legal representation. Instead they were subjected to a ‘bait and switch’ operation: falsely told that they were to be flown to mainlandAustralia but instead dispatched to Port Moresby, Papua New Guinea.

 

We understand that all in the group clearly stated that they were seeking asylum in Australia from political persecution in West Papua.  They had been involved in supporting the voyage of the Freedom Flotilla from Australia to West Papua.   Although no vessel from the Flotilla made landfall in West Papua a ceremonial handover of sacred water and ashes from Australian indigenous elders took place at sea not far from West Papua’s coast.

 

Indonesia made no secret of its vehement opposition to the voyage of the Flotilla – Australian participants were threatened with interception by the military, and local West Papuan supporters were arrested and intimidated. In one instance four people were arrested in Sorong because they took part in a prayer ceremony welcoming the Freedom Flotilla initiative.  These four now face charges of ‘treason’ for this peaceful action.

If the group remain in Papua New Guinea there is a risk that they could be repatriated back to West Papua particularly in the light of a recent extradition agreement between Papua New Guinea and Indonesia.

 

From the details we have it seems clear that there has been a blatant breach of the rights of these asylum seekers under the 1951 Refugee Convention –including their right to receive legal representation and their right not to be summarily expelled.  

 

We urge that this situation should be revisited and the asylum seekers given the option to test their legal rights under the Refugee Convention to claim asylum and protection in Australia.

 

Yours sincerely,

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http://www.rnzi.com/pages/news.php?op=read&id=79519

2) Australia says it admires Indonesia’s autonomy moves for Papua.

Posted at 03:20 on 01 October, 2013 UTC

The Australian prime minister, Tony Abbott, has restated that Canberra has total respect for Indonesia’s sovereignty and territorial integrity.

Speaking in Jakarta, Mr Abbott has told his hosts that he admires what Indonesia has done to improve the autonomy and life of people in West Papua.

He says he is confident that they can have the best possible life and the best possible future as a part of an indissoluble Indonesia.

Papua is the scene of human rights abuses and largely closed to foreign media.

Last week, Australia deported seven Papuan asylum seekers from Queensland to the Papua New Guinea capital, allegedly after refusing them access to a lawyer.

The group claimed to be persecuted by Indonesia’s security forces.

Australia’s immigration minister, Scott Morrison, says the seven were sent to PNG under a concession provided by the PNG government under a 2003 memorandum of understanding.

Mr Morrison says he has reached a formal agreement with his PNG counterparts to ensure the prompt return of other asylum seekers who arrived in Australia by similar circumstances.

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http://www.rnzi.com/pages/news.php?op=read&id=79510

3) Group of seven West Papuan asylum seekers feel powerless.

Posted at 01:47 on 01 October, 2013 UTC

The group of seven West Papuan asylum seekers deported by Australia to Papua New Guinea say they feel powerless and afraid about what will happen to them.

The seven, who arrived in the Torres Strait last week claiming to be fleeing persecution by the Indonesian security forces, were transferred to Port Moresby by Immigration officials.

The International Organisation for Migration says PNG Immigration officials are handling the process to determine the basic details of the group.

One of the group, Yacob Mandabayan, says that since they reached Australia a week ago, they’ve been denied access to a lawyer and left in the dark about what’s happening.

“We are feeling afraid because a lot of Indonesian people here (in PNG). So we are afraid of everything because until today we have had no contact from Australian Immigration.”

Yacob Mandabayan says they are afraid of being repatriated.

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http://www.rnzi.com/pages/news.php?op=read&id=79524

4) Australia accused of breaking its laws in deporting Papuans.

Posted at 04:21 on 01 October, 2013 UTC

The Refugee Action Coalition says the Australian government has acted unlawfully in transferring seven West Papuans, who had fled Indonesia and sought asylum in Queensland, to Papua New Guinea.

Its spokesperson, Ian Rintoul, says the government claimed it acted in line with a 2003 Memorandum of Understanding, which allows Australia to return asylum seekers to PNG if they have come through PNG.

But Mr Rintoul says the MOU requires those people to have been in PNG for seven days or more, and the West Papuans were there for just two.

He says the MOU also requires those who are returned to have their refugee processing done in PNG - but there are questions as to whether PNG has the intent or ability to do this.

“We have seen them act unlawfully. They’ve certainly acted unethically. While that Memorandum of Understanding is there, there’s no reason that the government needs to rely on that, it knows the situation of West Papuans and it should be willing to actually process them here. They know the people who are coming here are deserving of protection and yet they’ve sent them back to Papua New Guinea.”

The Refugee Coalition Action spokesperson, Ian Rintoul.

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http://www.rnzi.com/pages/news.php?op=read&id=79507

5) IOM says PNG handling process for West Papuan asylum seekers.

Posted at 22:11 on 30 September, 2013 UTC

The International Organisation for Migration says it’s up to Papua New Guinea authorities as to what happens to seven West Papuans transferred to Port Moresby.

The seven, who arrived in the Torres Strait last week claiming to be fleeing persecution by the Indonesian security forces for their links to activists, were transferred to Port Moresby by Australian Immigration officials.

The group says they don’t know what’s going on and that they’ve been denied access to a lawyer.

They say they are seeking asylum in Australia, not PNG.

However the IOM’s chief of mission in PNG, George Gigauri, says PNG’s Immigration and Citizenship Service Authority is processing the basic details of the West Papuans to determine what happens.

“Only the PNG government can do this. It’s the state determination process. It’s done by the PNG government. What IOM is doing is we’re basically doing the humanitarian side. We’re looking after them. They’re under our care while this state determination process is happening.”

George Gigauri says the determination process is expected to be complete by the end of the week.

1) Indonesia: Investigate Deadly Shooting in Papua

1) Indonesia: Investigate Deadly Shooting in Papua

2) Media release from WPNCL re PM of Vanuatu raising WP issue 

3) It's time for some straight talking about human rights in Papua

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http://www.hrw.org/news/2013/09/30/indonesia-investigate-deadly-shooting-papua

1) Indonesia: Investigate Deadly Shooting in Papua

Lethal Force Used Against Stone-Throwing Protesters

SEPTEMBER 30, 2013

•  EMAIL

“The Indonesian government needs to explain why police officers found it necessary to fire directly into a crowd of protesters throwing rocks. Lethal force may only be used as a last resort to protect lives.”

Phelim Kine, deputy Asia director

(New York) – The Indonesian government should impartially investigate the possible use by police officers of unnecessary lethal force against rock-throwing protesters in Papua on September 23, 2013, Human Rights Watch said today. There should also be an inquiry into harassment of victims, medical personnel, and witnesses at a local hospital.

During a weapons search that resulted in a confrontation, one bystander, Alpius Mote, a 17-year-old high school student, died from gunshot wounds and at least three others were wounded.

“The Indonesian government needs to explain why police officers found it necessary to fire directly into a crowd of protesters throwing rocks,” said Phelim Kine, deputy Asia director at Human Rights Watch. “Lethal force may only be used as a last resort to protect lives.”

Several witnesses told Human Rights Watch that two police Brigade Mobile (Brimob) officers began a search for weapons in the central market of the town of Waghete on the morning of September 23. The weapons search was part of a security response to recent unrest following the inauguration of a new regency chief on August 18.

The two Brimob police began randomly stopping and searching pedestrians in the crowded market for concealed weapons, witnesses said. A large crowd gathered and began criticizing the police when they stopped and searched elderly men wearing traditional koteka (penis gourds). A group of crowd members then began throwing stones at the two officers, which prompted one or both of the officers to fire directly into the crowd. It is not clear if they first issued a warning. Police spokesman Sulistyo Pudjo Hartono declined to comment on the details of the incident, saying an investigation is underway. Within minutes of the shooting, an estimated 35 other Brimob officers arrived in the market from their nearby barracks to disperse the crowd.

After the shooting, local residents brandishing bows and arrows and clubs converged on the scene and pelted the police with stones. Crowd members also beat an army officer present. Papuan police have not reported any injuries related to this confrontation.

Witnesses said that Alpius Mote was not part of the demonstration, but had been leaving the school grounds when he was shot. The other gunshot wound victims included two students, Aprida Dogopia and Alex Mote, as well as Frans Dogopia, a local government employee.  All were taken to Uwibutu Madi hospital for treatment.

Harassment of medical personnel and witnesses at a local hospitalWitnesses told Human Rights Watch that Brimob officers arrived at the hospital shortly after the arrival of the wounded and forbade doctors and nurses from taking photographs of the victims. The police posted guards who required visitors to leave their mobile phones at the entrance. Police reportedly confiscated the mobile phone of a nurse who had used her phone to take photos of the victims.The Brimob actions at the hospital seemed more designed to limit evidence gathering about injuries suffered than to secure the facilities.

There were also unconfirmed reports that police beat and arbitrarily detained Yance Pekey, a teacher at the Tigi High School attended by Alpius Mote, after Pekey went to the market to confront police in protest of Mote’s death. Police have accused Pekey of provoking unrest and he remains in detention.

The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which set out international law on the use of force in law enforcement situations, provide that security forces shall as far as possible apply nonviolent means before resorting to the use of force. Whenever the lawful use of force is unavoidable the authorities should use restraint and act in proportion to the seriousness of the offense. Lethal force may only be used when strictly unavoidable to protect life. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offense.

Human rights abuses remain rife in Papua, in the extreme east of the Indonesian archipelago. Over the last 15 years, Human Rights Watch has documented hundreds of cases in which police, military, intelligence officers, and prison guards have used unnecessary or excessive force when dealing with Papuans taking part in protests. While a handful of military tribunals have been held in Papua against security force personnel implicated in abuses, the charges have been inadequate and soldiers that committed abuses continue to serve in the military.

The Indonesian government has deployed military forces in Papua since 1963 to counter a long-simmering independence movement and restricts access to international media, diplomats, and civil society groups by requiring them to obtain special access permits, which are rarely granted. Tensions heightened in Papua following the February 21, 2013 attack on Indonesian military forces by suspected elements of the armed separatist Free Papua Movement. The attack resulted in the deaths of eight soldiers, the most in the area since President Suharto stepped down from power in 1998.

“Indonesia’s security forces have history of using excessive force against civilians with impunity in Papua,” Kine said. “A transparent and impartial investigation into the Waghete shootings is necessary to prevent even greater distrust of the security forces.”

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2) Media release from WPNCL re PM of Vanuatu raising WP issue 

WEST PAPUA NATIONAL COALITION FOR LIBERATION

Secretariat: WPPRO, P.O. Box 1571, Port Vila, Republic of Vanuatu, +678 7740808 or +61414149001. E-mail: ayamiseba@yahoo.com.au awulkeweng53@yahoo.com; rrumakiek@gmail.com“When injustice becomes law resistance becomes duty” 

Date: 30 September 2013
For immediate release
PRIME MINISTER OF VANUATU ADDRESSED THE UN GENERAL ASSEMBLY ON
THE WEST PAPUAN ISSUE
In this special release West Papua National Coalition for Liberation wishes to thank Rt. Hon. Prime Minister Moana Kalosil Carcasses on behalf of the people of West Papua for his address that was timely as the current UNGA meeting marks 50 years of UN silence on the West Papuan issue.

The address by Rt. Hon. Carcasses was devoted entirely on the issue of West Papua. He reminded the Assembly that human rights violations have taken place continuously for the past 50 years. Even in May UN High Commissioner for Human Rights Navi Pillay voiced concern over a crackdown on mass demonstrations in the Papuan provinces where 2 people were shot dead and 20 others arrested. They demonstrated to mark the day 50 years ago when Indonesia annexed West Papua. “There has not been sufficient transparency in addressing serious human rights violations in Papua,” Ms Pillay said. On that note Hon. Carcasses posed a question, “How can we ignore hundreds of thousands of West Papuans who have been brutally beaten and murdered?”

On the 28th of September 2013 – Vanuatu called on the United Nations to appoint a Special Representative to investigate alleged human rights abuses in the Papuan provinces of Indonesia and their political status, with its Prime minister declaring that the West Papuans have been consistently denied any sort of recognition by the world body.

Rt. Hon. Moana Kalosil Carcases concluded by stating, “It is clear from many historical records that the Melanesian people of West Papua were the scapegoat of Cold war politics and were sacrificed to gratify the appetite for the natural resources which this country possess,” Mr. Kalosil said. “Today they are still the victims of ignorance of the UN.”

While the Vanuatu delegation was on the way to New York demonstrations were held in several towns and cities in West Papua (West New Guinea) stressing their support for Vanuatu’s stand on West Papua. Earlier, in June the sub regional body the Melanesian Spearhead Group decided for the first time to recognize the inalienable right of self-determination to the people of West Papua. It is also historic because for the first time too West Papua National Coalition for Liberation was invited to address the MSG Summit on behalf of West Papua. Any further questions contact, The Secretary General of WPNCL, Rex Rumakiek on M/Ph. +61-414149001 or E-mail: rrumakiek@gmail.com

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http://www.brisbanetimes.com.au/comment/its-time-for-some-straight-talking-about-human-rights-in-papua-20130928-2ul8k.html

3) It's time for some straight talking about human rights in Papua

Date

September 29, 2013

Tom Clarke

The PM must show that he is a custodian of free speech.

The Prime Minister, Tony Abbott, should use his visit to Indonesia on Monday to cast aside the wilful blindness previous Australian governments have had about the human rights violations occurring just a stone's throw away in Indonesia's Papua provinces.

The arrival and then hasty removal of seven West Papuan asylum seekers this week highlights the need to ensure our relationship with Indonesia is mature enough to handle two-way exchanges of fair criticisms when it comes to human rights.

Obviously, any human rights advocacy on Australia's behalf risks being diminished when we are perceived to be turning our back on our own obligations or passing the buck, as is the case with the government's asylum seeker policies. Despite this, there are simple steps Australia could take to provide leadership in this area in our region.

Benny Wenda of the Free West Papua advocacy group with human rights advocate/lawyer Jennifer Robbinson. Photo: James Alcock

Australia just assumed the presidency of the UN Security Council and was appointed to the council on the promise that it would be a ''principled advocate of human rights for all''. If Australia is to live up to this pledge, Abbott should not be shy in raising concerns about the serious human rights violations committed by Indonesian authorities.

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The Prime Minister has said that he and his Coalition colleagues are the ''custodians of free speech''. If this is the case, they cannot be comfortable with the severe and harshly enforced restrictions on free speech and political expression that occurs routinely in West Papua.

Despite the progress of the democratic reforms in Indonesia after the fall of General Suharto in 1998, many of these reforms have simply not made their way to Indonesia's eastern-most provinces. Reports of political assassinations, torture and the violent repression of peaceful political gatherings are all too common. This month saw Papuan community leaders arrested for simply raising the banned ''Morning Star'' flag after a prayer meeting and, according to one Catholic brother, three Papuan men were shot for refusing to have their hair cut.

After World War II, many within the Australian community supported the Indonesians' struggle for independence. For example, a boycott led by the Australian Waterside Workers Federation and supported by 30 other Australian trade unions, immobilised 559 ships that were meant to supply the Dutch effort to retain their former colony.A proactive stance in support of democratic rights and freedoms would be in keeping with long-standing support among the Australian public for democracy within Indonesia.

The Freedom Flotilla to West Papua that sailed earlier this year. A crowd of 120 including local Indigenous peoples, West Papuans and Maritime Union of Australia members gathered for the send off.

Indonesia's then foreign minister, Dr Subandrio, would later describe Australia as the "midwife" of the Indonesian republic, after such popular support for the Indonesian cause translated into belated political support and the Chifley government took up the matter at the UN.

Prime Minister Abbott has a prime opportunity to rekindle this shared goodwill. His promise of a more Jakarta-centric approach to foreign policy should be matched with an appetite for frank and forthright dialogue between friends.

Indonesia has rightly and respectfully raised its concerns about Australia's asylum seeker policies. And, as should be possible in a mature relationship, Australia should also be putting issues of concern, such as strengthening democracy in our region, on the agenda.

First, the PM should urge Indonesian President Susilo Bambang Yudhoyono to lift the effective ban on international journalists reporting from West Papua so the world can get a clearer picture of the human rights crisis that is occurring.

Second, he should highlight Indonesia's commitment to uphold the rights of all persons to freedom of expression, peaceful assembly and association as outlined in the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006.

And third, the PM should announce a complete review of Australia's relationship with Indonesia's military and security forces to ensure we are in no way aiding or abetting human rights abuses, directly or indirectly, through our support of Indonesia's elite counter-terrorism unit, Detachment 88.

Both Indonesia and Australia stand to benefit from some straight talking about human rights concerns. This week's visit is the PM's chance to highlight his support for fundamental human rights such as the rights of all persons to freedom of expression, association and assembly.

Tom Clarke is the director of Communications at the Human Rights Law Centre. Twitter: @TomHRLC