Impunity Watch: Oceania

New Zealand Immigration Scam Targets Pacific Islanders

By Eileen Gould
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand – New Zealand immigration officials have warned Pacific Islanders that they may be the targets of a possible immigration scam.

Both Immigration New Zealand and the Ministry of the Pacific Island Affairs have advised Pacific people not to travel to Waitangi in order to gain New Zealand citizenship. 

The immigration scam, according to the New Zealand Labour Department, promotes citizenship and residency to individuals who are unable to gain permanent status, also known as overstayers.

Overstayers are being promised citizenship if the Maori tribe (or hapu) adopts them. 

It is expected that many overstayers will travel to Waitangi because they were told that in exchange for $1,000 they would be able to gain citizenship from Ngapuhi elder by being adopted into the hapu.

A Ngapuhi elder claims that Pacific peoples will be welcomed but there are no plans to grant them citizenship. 

Earlier this week, One News broke the news of this alleged immigration scam. 

Former Maori vice-president of the National Party, Rahiri Dargaville, labeled the Ngapuhi elder’s comments as ‘misleading’ and that there was no intention to grant Pacific people citizenship. 

Mr. Dargaville further stated that “[p]olarizing such issues using the media is not in keeping with Ngapuhi customs and traditions”.

The Immigration department requested those who may have been subjected to the scam to be report it to the police. 

In assessing the accuracy of information presented to Pacific people, the chief executive of the Ministry of Pacific Island Affairs, Dr. Colin Tukuitonga, advised these individuals that its probably a scam if it sounds too good to be true.  “Only Immigration NZ or people licensed by them are able to issue permits.  Don’t give your money to a fraudster.”

In order to remain in New Zealand, Immigration NZ has the sole responsibility for the authorization of the visas.

Immigration Minister Jonathan Coleman stated that “[a]doption into a hapu will not legally confer citizenship or residency upon anyone.”

Pacific people should be aware that individuals authorized to give advice on immigration in New Zealand must hold a license or be exempt from the license requirement under the Immigration Advisers Licensing Act.

For more information please see:
Fiji Times Online – Warning over NZ immigration scam – 04 February 2010

New Zealand Herald – No plans to ‘adopt’ Tongan overstayers – Ngapuhi elder – 03 February 2010

Radio New Zealand – Overstayers told citizenship not available at Waitangi – 03 February 2010

TVNZ – Tongan overstayers warned over immigration scam – 03 February 2010

Amnesty International Criticizes PNG Police for Abuse of Power

By Cindy Trinh
Impunity Watch Reporter, Oceania

PORGERA VALLEY, Papua New Guinea - Amnesty International says Papua New Guinea (PNG) police abused their power and acted outside their authority when they evicted people from their homes near the Porgera gold mine. 

Last year, police conducted an operation to restore law and order around the Porgera gold mine in Enga Province. Amnesty International contends that police in PNG illegally and forcibly evicted people from their homes.

Amnesty International released a report documenting how PNG police burned down approximately 300 homes of people in the gold mine area.

A mining and human rights specialist, Shanta Martin, says that the report is based on evidence from 180 people, medical reports, and other data.

Martin stated: "There was significant evidence of forced evictions that people had certainly been living there, that they were well established houses that were burned down. Police acted contrary to search warrant, which would not in any way give the police power to destroy property, that they failed to ensure that there was notice and consultation with those who are going to be affected."

Many residents reported that they had no forewarning of the raids, had no time to collect their belongings, and their food gardens were all destroyed. The families - including children, pregnant women, and the elderly - had no alternative housing made available for them by the government.

Martin says that because of the abusive acts of the PNG police, the families have become victims of human rights violations.

The Porgera Joint Venture manages the Porgera gold mine, and supplies accommodation, food, and fuel to police in exchange for security in the remote area under an agreement. Amnesty International says that the company should have reported the police eviction activity to PNG authorities as soon as company officials became aware of it, but instead, the company supported the police.

Amnesty International calls on the Porgera Joint Venture to cease supplying accommodation, food, and fuel to the police immediately.

Martin further calls upon the government to investigate the matter. She emphasizes the "need for the [PNG] government to carry out a full investigation, to prosecute those responsible and provide remedies for those affected."

The Governor of PNG's Enga Province, Peter Ipatas, supports Amnesty International's call for an independent investigation into the evictions at the Porgera gold mine.

Ipatas says that Amnesty International's call for an investigation makes sense.

"If anything happened and if people think that a government agency has acted outside our laws then obviously every one is subject to scrutiny. So I would assume that if there is an allegation that police mistreated their lawful duties then obviously government authorities need to investigate."

Ipatas further stated that the unique situation of people living within the mine area will continue to cause problems, and the government should relocate them to a more appropriate area.

For more information, please see:
Radio New Zealand International - Political backing for Amnesty call for investigation of controversial PNG police action - 04 February 2010

ABC News - PNG police 'torched village near mine site' - 03 February 2010

Radio New Zealand International - Amnesty criticises PNG police over Porgera evictions - 03 February 2010

Yahoo News - PNG police 'torched village near mine site' - 03 February 2010

Associated Press - Papua New Guinea Police burn homes at gold mine - 02 February 2010

Discussion Among Pacific Nations Yields Positive Results

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – The foreign ministers of Australia and New Zealand met with their Fijian counterpart, Ratu Inoke Kubuabola, yesterday to discuss improving their relations.

New Zealand minister, Murray McCully, and Australian minister Stephen Smith, met with Kubuabola to re-open communications amongst these countries, as they dissipated following diplomatic expulsions and Fiji’s suspension of democracy.

Smith waived the travel ban that was imposed on members of the military regime in Fiji so that Kubuabola would be able to meet with them.

The significance of the meeting was solely to initiate some sort of dialogue with Fiji. 

Smith indicated that “[i]t may well be that all we agree as a result of the meeting is to speak again in the future.” 

A statement from Fiji’s Ministry of Information said the meeting was positive and a step towards resolving issues of mutual importance to the three Pacific nations.

A Fijian democracy group based in Sydney, Fiji Democracy and Freedom Movement, is urging Australia and New Zealand to include those political parties that were ousted by the 2006 coup in any future discussions.

Usaia Waqatairewa, a representative of the groups said, “It is good enough that they are sitting round the table talking because that is a first step towards something positive but at the same time the Australian and New Zealand governments should not compromise on asking these people, if they want to talk about constitutional changes, they have to include people who represent the voters of Fiji.  It[‘]s not going to be a sort of top-down decision that’s shoved down our throats so to speak.” 

Waqatairewa also mentioned that regarding human rights abuses or the travel ban on regime members and their families, the governments should not compromise.

Both McCully and Smith indicated this discussion was not evidence of softening their approach towards the regime.

The three Ministers also met last year at the United Nations in New York.

For more information please see:
Fiji Village – Positive talks between Ministers – 05 February 2010

New Zealand Herald – McCully in fresh talks with Fijian counterpart – 04 February 2010

Radio New Zealand International – Call for re-opened talks with the Fiji regime to include ousted political parties – 04 February 2010

Papuan Human Rights Activist Dies at Age 61

By Cindy Trinh
Impunity Watch Reporter, Oceania

MANOKWARI, West Papua - Papuan human rights activist, Viktor Kaisiepo, passed away in his home town of Amersfoort, in the Netherlands, at the age of 61.

Kaisiepo was a spokesperson for the West Papua People's Front, which is a federation of Papuan organizations in the Netherlands.

Kaisiepo was born in Dutch New Guinea. His family left for the Netherlands when Dutch New Guinea was handed over to Indonesia in 1962.

Kaisiepo's father was a well-known activist for Papuan independence. Viktor Kaisiepo followed his father's footsteps, and also became one of the most well regarded activists for Papuan independence.

Kaisiepo frequently lobbied the United Nations to promote the rights of his people as well as the rights of other indigenous peoples.

He devoted his life to the right to self-determination of the Indonesian province of Papua.

Kaisiepo became a familiar face to the indigenous activists throughout the world, representing the indigenous peoples of Papua at various international conferences.

He was the Executive Director of the Foundation Papua Lobby, and a member of Presidium Dewan Papua and represented the organization in Europe, the United States, and at the United Nations. Since 2003, he served as a consultant to the Word Bank Grants Facility for Indigenous Peoples.

He also co-founded and held positions in various NGOs, including: the Unrepresented Nations and People's Organization (UNPO), an international organizations with 110 millions members whose aim is to achieve recognition and improvement for peoples through peaceful means; the International Alliance of Indigenous and Tribal Peoples in the Tropical Forests; the secretariat of Nuclear Free and Independent Pacific (NFIP); and served as a Human Rights Defender in 1985 for the United Nations.

Kaisiepo will be remembered as one of the most influential human rights activists.

Photo caption: Human rights activist, Viktor Kaisiepo, was a prominent spokesperson for Papuan independence, Courtesy of Radio Netherlands Worldwide

For more information, please see:

Radio Netherlands Worldwide - Papuan activist Kaisiepo dies - 31 January 2010

Radio New Zealand International - Papuan activist Kaisiepo dies aged 61 - 31 January 2010

Solomon Star - Papuan activist Kaisiepo dies aged 61 - 31 January 2010

Cultural Survival - "We've Gained a Lot": Viktor Kaisiepo Discusses the International Decade of the World's Indigenous People

First People's Worldwide - Board Bios

East Timorese Police Beat Up Man, UN Peacekeepers Watch

By Eileen Gould
Impunity Watch Reporter, Oceania

DILI, East Timor – UN peacekeepers turned the other cheek as East Timorese police they were supposed to be mentoring allegedly beat up on a young man late last year.

The East Timorese police allegedly hit, kicked and repeatedly stomped on the young man near an official ceremony.

There is growing concern about the supervision and training that the UN Integrated Mission in East Timor is providing to local police.  The UN mission is also supported by Australian Federal Police and Australian soldiers.

Officers of the Policia Nacional de Timor-Leste (PNTL) allegedly kicked the man in the head and hit him with a rifle butt.

A film of this incident was posted on the internet and handed over East Timorese authorities this month. 

The sequence of events depicted in the film shows a young man, who was standing on a beach on Atauro Island and holding a sign relating to a local fishing group, being dragged away by PNTL officers, while UN police watch in the background.

No one has suggested that East Timor President, Jose Ramos Horta, who was holding a fishing competition on the Island, observed the incident.

After being dragged away, PNTL officers attempted to handcuff the youngman while two plainclothes officers stood on him, stomping on his back.

The video then shows the officers kicking the man in the head.  Another plainclothes officer slammed the rifle-butt into his stomach.

While the beating was taken place, the video also shows uniformed UN officers looking on, just beyond the circle of PNTL officers.

According to Gyorgy Kakuk, a UN East Timor spokesperson, a joint investigation, and a separate criminal investigation, has been commenced by both the UN and the PNTL. 

The spokesman also indicated that once it is established what happened and why, that there may be a separate investigation into the responsibility of police officers, other than PNTL.

“The investigation has to determine what has happened, why did it happen there and, as a result of that investigation, perhaps there will be an investigation established into responsibility of other police officers other than PNTL.”

Australian peacekeepers were not involved in the incident.

However, in a separate controversial incident, Australian soldiers allegedly ran over an East Timorese woman in early December.  The soldiers, who were apparently unaware that the woman died as a result of head injuries from the incident, made no attempts to contact the victim’s family to express their regret or to offer compensation.

Since arriving in 2006, Australian troops, contrary to the UN’s system of accountability, are not under the command of the UN.  The Timorese also believe that Australian soldiers should be placed under UN control.  

The UN peacekeeping mission in East Timor became involved in rebuilding the police forces in East Timor, so that they would be capable of policing the country by 2010.

Meanwhile, the Special Representative for the Secretary-General of the UN, Ameerah Haq, has visited several East Timorese districts that are in the transition process.

She noted, “I am impressed by the level of organization and professionalism displayed by PNTL officers . . . as well as the continuing working relationship with UN police officers who now focus on monitoring and mentoring their PNTL colleagues.”

For more information please see:
The Australian – UN peacekeepers stood by East Timorese bash a young man – 29 January 2010 

UN News Centre – New UN envoy assesses progress made by Timorese police force – 29 January 2010

Sydney Morning Herald – Left in lurch, says Timor family – 28 January 2010

Australian Academic Says Fiji is Not Ready for Democracy

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji - Jonathan Fraenkel, an academic at the Australian National University, says that Fiji is not ready to return to a free democracy.

Fraenkel fears that Commodore Frank Bainimarama, the prime minister of Fiji, will break his promise to the people of Fiji.

The Commodore stated in a speech that by 2014 politicians should be ready to take over the running of the country.  Fiji hopes to achieve democracy, and has been in the process of returning to a democratic government.

During his visit to Kadavu, an island in Fiji, the Commodore reiterated that national elections will be held in 2014. He used the visit as an opportunity to explain the reasons for past military coups, specifically in 1987 and 2000.

He explained that the takeover of 1987 was carried out to further the development of Fiji. In the 2000 takeover, where a number of soldiers lost their lives, the Commodore assured that the military will "never forget their fellow comrades who died."

The Commodore has appointed four military colonels to the positions of divisional Commissioners, in hopes for "rapid development in the country."  

The Commodore called upon the people of Kadavu to support the government's plans. Chiefs on the island of Kadavu have expressed their support for the Commodore's administration, and urges the Commodore to continue his term after 2014 if reforms in the government are completed by then.

But Fraenkel fears that the Commodore's plan for politicians to take over the running of the country will not be totally free from military influence. Such influence has resulted in Fiji's history of human rights violations and abuses.

Fraenkel says that the Commodore has a history of changing what he has vowed to do.

He states: "A trail of broken promises and if we believe what we're hearing, the electoral democracy that is restored in Fiji will not be one that is free of military influence."

For more information, please see:
Radio New Zealand International - Fiji not set to return to democracy, says academic - 28 January 2010

Islands Business - Fijian province wants Commodore Bainimarama leadership to go beyond 2014 - 26 January 2010

Pacific Islands News Association - Fijian province wants Commodore Bainimarama leadership to go beyond 2014 - 26 January 2010

Australia Screens Asylum Seekers for HIV, UN Disapproves

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Australia’s “discriminatory” policy of screening asylum seekers for HIV has been criticized by the UN High Commissioner for Refugees.

UNHCR’s regional office has requested that Australia end their health requirement for asylum seekers.  “The present operation of the health requirement is discriminatory in effect and endangers a number of human rights norms.”

Its submission to an inquiry into this practice accuses Australia of “fall[ing] short of its international obligations.”

According to the UNHCR, the health requirements prevent any migrant, who is found to have AIDS or HIV, from entering Australia, unless the individual receives a waiver from the Immigration Minister. Waivers are granted infrequently.

Under the law, asylum seekers with active tuberculosis are banned from entering the country.  However, some individuals, typically partners of Australian citizens are not subject to the same ban and are allowed into the country even if they fail a health test, on grounds of compassion.

The ordinarily strict health rules have been loosened for migrants, allowing any chronically ill foreign workers and families to immigrate, in order to solve the skills shortage.

Changes in the rules would encourage those with work visas to move to Australia, as they or their dependants were previously were turned away for health reasons.

Sources have reported that Australian taxpayers will spend approximately $60 million on healthcare for 288 asylum seekers who were granted these “health waivers” last year.

The Immigration Department rejected applications from more than 1500 individuals who failed the health tests.

Further, the department extended the waiver recently so that some skilled foreign workers and their families would qualify. But the department has not yet announced whether any skilled permanent migrants were given waivers.

An immigration spokesperson verified that all states and territories, with one exception, agreed to extend the waiver to certain categories of skilled worker visas last year.

New South Wales, the state to which most migrants flock, has not yet accepted the extension of the waiver due to the impact on their hospitals.

He added that “if some applicants fail the health requirement, there is the option for a health waiver to be considered.”

For more information please see:

The Australian – United Nations blasts HIV tests on asylum-seekers – 29 January 2010

Visa Bureau – Migrants with HIV/Aids will be allowed to emigrate to Australia – 29 January 2010

Global Visas – Chronically ill foreign workers allowed to move to Australia – 28 January 2010

Amnesty International Calls on New Zealand to Speak Out Against Repression in Fiji

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji - Amnesty International is calling on New Zealand and other countries in the region to speak out and intensify calls for Fiji to cease human rights abuses, including arbitrary arrests, intimidation, threats, assaults, and detention.

In its call for New Zealand and other countries to speak out against repression in Fiji, Amnesty urges that the topic of human rights are included in any dialogue with Fiji.

Human rights violations have been increasing in Fiji ever since Public Emergency Regulations (PER) were imposed in April of 2008, when ex-President Ratu Josefa Iloilo abrogated Fiji's constitution and reappointed Commodore Frank Bainimarama as Prime Minister.

Under the PER, Fiji's military and security forces retain absolute control over the country's population, and soldiers and police enjoy complete immunity from prosecution for their actions, including serious violations of human rights.

Not only does the PER encourage violations of human rights, the Fiji regime is continually bringing in more measures to stifle dissent.

Amnesty's Pacific Researcher, Apolosi Bose, stated that the Fiji regime has become "comfortable with getting away with human rights abuses, because they are shutting down their opponents one by one." Amnesty urges New Zealand and other countries to maintain a strong stance against the Fiji regime.

Last week, Foreign Minister Murray McCully announced that New Zealand and Fiji had agreed to improve diplomatic relations. Amnesty believes that this "provides an increased opportunity to raise concerns about the recent intensified crackdown on opponents of the Fijian regime."

Apolosi Bose further stated: "Fiji's neighbors must urge the regime to restore the independence of the judiciary and cooperate with the United Nations in ending human rights abuses."

For more information, please see:
Amnesty International - NZ-Fiji re-engagement must consider human rights - 21 January 2010

Radio New Zealand International - Amnesty calls on region to speak out against repression in Fiji - 21 January 2010

Silobreaker - Amnesty calls on region to speak out against repression in Fiji - 21 January 2010

Gerard Jodar Campaigns for Change in New Caledonia's Prison Conditions

By Cindy Trinh
Impunity Watch Reporter, Oceania

NOUMEA, New Caledonia - Gerard Jodar, the union leader of the pro-independence trade union federation Union of Kanak and Exploited Workers (USTKE), has campaigned for change in New Caledonia's prison conditions, and now warns of a possible uprising at the Camp Est prison in Noumea because of the poor, and inhumane conditions there.

On January 14, 2010, an appeal court ordered the immediate release of Jodar, who was imprisoned in June for his role in a protest at Noumea's domestic airport. Jodar was convicted to a one-year prison term, however, has been released after serving a 7-month prison term.

It is believed that the court was influenced by the visit of a European Parliament delegation led by the French Deputy and activist, Jose Bove. During a visit to Camp Est prison in Noumea, the parliament delegation denounced its poor condition, calling it an "unacceptable situation."

A spokesman for USTKE, Joseph Boanemoa, says the release means that they have "succeeded in highlighting the unacceptable state of the prison…as well as underlining their right to protest."

The incarceration of Jodar is being used by USTKE to campaign for changes at the prison, which is among the most overcrowded prisons run by France.

Jodar has condemned the terrible prison conditions in Noumea's Camp Est prison. He says that the prison is heavily overcrowded and is full of "young indigenous Kanak prisoners living in squalid conditions." Jodar approximates that 97% of the prisoners are young Kanaks.

The prison, intended for only 190 detainees, has 417 detainees living within its walls. For each 11-square metre cell, there are five or six prisoners.

There is no education system at Camp Est prison, and thus no way to facilitate reintegration into society.

Also, there is not enough food to feed the starving prisoners.

Jodar contrasted France's role in "championing human rights with the 'colonial era' prison conditions."

In other words, the people in the jail are being treated like "dogs," according to Jodar.

Not only are conditions poor for the prisoners, it is also poor for the prison staff. They are significantly understaffed, and because of the poor working conditions, the guards are discouraged.

Jodar has warned of a possible uprising at Camp Est prison because of the poor conditions there, and he continues to campaign for changes at the prison.

In effect of Jodar's imprisonment and statements regarding the poor prison conditions, there have been clashes between the working class suburb of Montravel and the Saint Louis tribal area.

The conflict has put the spotlight on serious poverty issues among urban Kanaks. Bitter discontent has emerged over social inequalities between indigenous Kanaks and neighboring Islanders, and also between French settlers and metropolitan residents.

Photo Caption: Gerard Jodar (on right) advocating for changes in prison conditions at Camp Est, in Noumea, New Caledonia, Courtesy of Pacific Scoop

For more information, please see:
Radio New Zealand International - Jodar warns of New Caledonia jail revolt - 15 January 2010

Australian Broadcasting Corporation, Radio Australia - USTKE welcome release of union president from New Caledonia jail - 14 January 2010

Radio New Zealand International - New Caledonia court releases USTKE leader Jodar after 7 months in prison - 14 January 2010

Solomon Star - New Caledonia court releases USTKE leader Jodar after 7 months in prison - 14 January 2010

Pacific Scoop - Jailed union leader calls for probe into "terrible" prison conditions for Kanaks - 29 August 2009

Tamil Asylum Seekers Protest Slow Processing of Claims on Christmas Island

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Tamil asylum seekers have staged a protest at the Christmas Island detention facility as a result of the slow processing of their applications.

More than four hundred asylum seekers at the center have decided to boycott use of the facilities and participation in certain activities.  They have boycotted the gym, the internet and computers, library services as well as the cafeteria.
   
Because processing has been extremely slow, many individuals have waited for over six months to receive a decision on their applications.  The current protest involves the processing of claims made by the Tamil asylum seekers, totaling 196, that arrived in June 2009.

The immigration department has a self-imposed ninety day maximum for processing asylum applications on Australia’s mainland.

Of the 196 Tamils awaiting processing, 112 have in fact received visas.  However, seventy-eight asylum seekers, having been kept in detention for six months, have yet to receive any decision on their applications.

An additional seventy-eight asylum seekers, who arrived in the middle of August 2009, also have been waiting for approximately five months, without any word on the status of their visas.

One detainee summed up his frustrations in a phone conversation with a Refugee Action Coalition representative.  “How long do we have to wait?  We are too long waiting.  Our families have problems.  We have too many problems.”

The protest has been suspended, pending the outcome of a meeting on Wednesday between the Tamil asylum seekers and representatives from the Department of Immigration and Citizenship (DIAC).

If the results of the meeting are not “satisfactory”, the Tamils promise to protest further.

An immigration department official stated that each Tamil’s situation “must be assessed on its individual merits”.

A spokesman for the Refugee Action Coalition, Ian Rintoul, stated that the Tamils’ applications should not have taken this long to process, arguing that the government has employed a “double standard”.

 “All of the Oceanic Viking Tamil asylum seekers were processed within six weeks.  The Tamils are victims of Labor maintaining a policy of off-shore processing part of Kevin Rudd’s Indonesia solution.”

The Refugee Action Coalition has expressed concern over the effects of long term detention practices. 

Although the Immigration Minister claims that the policies of Prime Minister Rudd’s administration are humane, the Coalition feels otherwise.

“It is time [the Christmas Island detention facility be] closed.  Asylum seekers should be allowed to live in the community while their applications are being processed.”

These protests come as the number of detainees on Christmas Island approaches maximum capacity, with reports indicating the existence of ethnic tensions and overcrowding. 

For more information please see:
Herald Sun – Asylum island ‘transit lounge’ – 07 January 2010

Scoop World – Christmas Island Detainees Protest Over Slow Processing – 06 January 2010

Sydney Morning Herald – Tamils boycott gym over processing times – 05 January 2010