Five kicked out

Monday, 08 October 2007 04:11

The Federal Government has been accused of breaching its international law and legal obligations after five West Papuans were deported back to PNG last month after landing on Saibai Island and being detained for 26 days at the Horn Island Detention Centre.

Australian human rights groups accused the Government of trying to placate Indonesia after the five West Papuans were denied asylum in Australia.

Asylum Seeker Resource Centre Co-Ordinator Pamela Curr said this action signals a renunciation of Australia’s observance of its responsibility under the UN Refugee Convention on Refugees.

Kate Gauthier, National Co-Ordinator for A Just Australia, said: “Without doubt, the removal of these asylum seekers is a breach of international law, and puts Australia at the bottom of the class in human-rights terms.”

Rufugee and  Immigration Legal Centre spokesman David Manne said: “There are serious questions about whether Australia has acted in violation of our international obligations to protect refugees.”

According to a Horn Island resident very few local residents knew the five refugees were incarcerated in the commonly referred to Horn Island “Hilton” Detention Centre for 26 days, indicative of what he regarded as the “secretive nature” of the operation.

“It’s surprising virtually no one knew about them over here (Horn Island).”

Under the curious Australian laws, refugees can apply for asylum only if they land on the mainland. Islands, such as Saibai and all others in the Torres Strait, are part of the exclusion zone and therefore excised from the mainland, denying them the rights afforded to the 43 Papuans who landed north of Weipa on Cape York in January last year.

That incident sparked a rift between Australia and Indonesia, and some refugee advocates regard the handling of the latest incident as a means to prevent a further confrontation between the two countries.

The five adults were detained at the Horn Island Centre from August 24 until September 18.

One was sent to Cairns Base Hospital from August 24-30 and another from August 30 for a “few days”.

Immigration Minister Kevin Andrews office declined to comment on the need to transfer the men to Cairns “due to privacy provisions”. The duo returned to the centre, obviously indicating all were healthy.

The Minister’s office told the Torres News the situation was not made public as “it wasn’t any problem, and only drew attention when advocates jump up and down. It was all pretty straight forward.”

Asked why the situation was not revealed for the benefit of the Torres Strait residents with the potential for illnesses being transmitted from PNG, such as AIDS/HIV and other diseases, the spokeswoman said there wasn’t a problem.

“They weren’t roaming around Saibai as they were met by one of our people (an officer from the (Immigration Department) and they were identified as being reasonably suspicious of being illegal.

“They were pretty compliant about their situation and didn’t try to hide anything.”

Their banana boat on which they travelled from Daru has been impounded.

In a almost slap-stick, pass-the-parcel farce, Customs Media declined to comment and quickly referred the Torres News to the Immigration Department Media who just as quickly flicked us on to the Immigration Minister’s office. There has seemed to be a real reluctance to talk about the issue within the relevant departments who usually are quite helpful.

Asylum Seeker Resource Centre co-ordinator Pamela Curr said many Papuans had fled into neighbouring PNG to escape violence inflicted by the Indonesian military, but were now being kicked out of their adopted homeland.

“What choices are open to them? Go back to West Papua and face the brutal Indonesian military  . . .  or try to negotiate somewhere else to stay in PNG?” she said.

“If this cannot be achieved - set off in search of another country of safety. What do we expect homeless, state-less people to do?”

Ms Curr told the Torres News that Australia had stayed silent on the Indonesian government’s violent suppression of Papuans, and was, in fact, arming Indonesian forces who were perpetrating the violence.

“Eight Mile camp is being shut down in PNG, but we don’t know what is happening with the East Awin camp.”

(One report estimates there are more than 10,000 West Papuans refugees living in the East Awin Camp.)

Ms Curr told the Torres News: “Clearly there is something going on there and the the concern is that the West Papuan people are being squeezed out of PNG and Australia is obviously the place to head. Australia is democratic and a signatory to the international refugee accord. 

“Some of those people are stateless and I don’t know if the Australian Government checked their status.

“Many West Papuans been living in PNG for so long now, and might have lost their West Papuan status. If the PNG Government is forcing them out, or even out of certain camps, what is to happen to them?

“The East Awin camp is an expensive ‘plane flight, a long river ride and then walk/ride 45km into the bush.

“It should noted the Australian Government is funding that camp under AusAid.”

Ms Carr said there were other frightening aspects of the Federal Government’s recent actions.

“Defence Minister Brendan Nelson gave the Navy the power a few weeks ago to fire on a fishing boat, which subsequently outran the Navy and escaped.

“Our concern about these extraordinary powers is that how soon will it be before a canoe gets fired on?

“Now that there is an election approaching, border control is now being vamped up as an issue.

“CDEP people had been paid to keep an eye on things, but with the cancellation of CDEP, they are no longer doing it. You would think now is a good time to come to Australia.”

Refugee and Immigration Legal Centre spokesman David Manne said the return of the men to PNG was “profoundly concerning and scandalous”.

“There are serious questions about whether Australia has acted in violation of our international obligations to protect refugees.”

A Just Australia has dismissed the Federal Government’s claim that it was routine operation.

“We find it unacceptable that our Government would breach our legal obligations to people needing our protection, particularly as it is not for border security, but simply to appease a foreign Government. This has made Australia complicit in Indonesia’s human rights abuses,” said Kate Gauthier, National Co-ordinator.

“Last year the Government tried to introduce a law to appease Indonesia, which would have sent all boat arrival asylum seekers to Nauru for processing, keeping them out of sight, out of mind.

The public and the Government’s own backbenchers spoke out strongly against this and the bill was withdrawn.

“Now without even the benefit of a law, the Government has gone even further by summarily deporting any West Papuan who arrives in Australia seeking protection.

“By going ahead with the policy shows the Government has contempt for the democratic process when it gets in the way of achieving their goals.”

Ms Gauthier said: “Without doubt, the removal of these asylum seekers is a breach of international law, and puts Australia at the bottom of the class in human-rights terms.”

A Just Australia says it is also concerned with the removal of these men to PNG, as last Saturday more than 300 West Papuan refugees were evicted from their settlement outside Port Moresby.

“The protection being afforded to West Papuans in PNG is inadequate, and they remain in danger of being removed back to Indonesia. This means that any removal from Australia back to PNG is another breach of our international legal obligations.”

     By MARK BOUSEN