Impunity Watch: Oceania

After Years of Poor Prison Conditions, the UN Human Rights Council Reports that Vanuatu is Finally Taking Steps to Improve the Situation

by Cindy Trinh
Impunity Watch Reporter, Oceania

PORT VILA, Vanuatu - Since the 1990s, Vanuatu has been criticized by the international community for its reckless treatment of prison inmates and its disregard for human rights. After years of pressure from the international community, Vanuatu is finally taking steps to improve its prison conditions.

According to various reports in the years of 1995-1998, the prison conditions in Vanuatu were especially degrading, and posed serious international human rights violations. The Ombudsman of Vanuatu investigated the prison conditions during this time period, and found them severely unsatisfactory. The Ombudsman requested further inspection and new construction for the prisons. However, because of the severe lack of funding, Vanuatu disregarded many of the complaints.

These reports stated only some of the horrible incidents that were happening within the prisons of Vanuatu, such as overcrowding, earthquake damage and rain water seepage, leaks, and dangerous electrical wiring.

Amnesty International was also prompted to report on the severe prison conditions in 1998, and described it as "men held in conditions amounting to cruel inhuman and degrading treatment in decaying, overcrowded former colonial prison." A delegate for Amnesty International visited one of the prisons and found that several hundred prisoners were held in a prison built for only 63 people.

During a mass arrest, military and police officers abused their powers and assaulted numerous prisoners. They faced criminal charges of international assault for beating and kicking the prisoners. Approximately 500 officers were arrested and faced prosecution. The effect of this event was massive. There was widespread rioting and looting. Amnesty International reported that the criminal prosecution of the human rights abusers sent "an important signal that ill-treatment of prisoners must not be tolerated, that police and prison officers are not above the law, and that national emergencies do not excuse officers' taking the law into their own hands."

In April 2006, a report from Marc Neil-Jones, a publisher of the Vanuatu Daily Post newspaper, reported that human rights abuse was still present in the prisons of Vanuatu. Mr. Neil-Jones was jailed for five hours for a mere traffic offense, and witnessed other inmates chained in shackles. Some inmates told Mr. Neil-Jones that they had been chained for eight months.

However, recently this year in May 2009, the United Nations Human Rights Council's Universal Periodic Review met with the Vice Chairperson of the Vanuatu UPR Committee to help work towards improving the conditions. Vanuatu invited the United Nations to assist it in meeting its human rights obligations, and also extended an open invitation to the international community to help continue its efforts in reaching its goals of realizing human rights.

Several recommendations were suggested to Vanuatu during the meeting. In general, these recommendations included: continually working on improving the structural conditions of prisons, conducting more investigations, taking measures to reduce discrimination, implementing more training for law enforcement officials, and combatting corruption.

More recently, on September 28, 2009 the UN Human Rights Council has been told that Vanuatu has taken further positive steps to improve conditions in prisons. Members of the international community and sponsors for Vanuatu, such as Australia, New Zealand, and Amnesty International, expressed their support for Vanuatu's progress.

Specifically, Vanuatu has now enforced a separation of minors and adults in its correctional facilities. Vanuatu hopes that this small but important step will reduce not only the overcrowding of the facilities, but also reduce the conflict and tension between inmates.

For more information, please see:

Radio New Zealand International - Vanuatu improving prison conditions, UN told - 28 September, 2009

Amnesty International - Human Rights Council adopts Universal Periodic Review outcome on Vanuatu - 25 September, 2009

Human Rights Council Universal Periodic Review - Universal Periodic Review for 12 May 2009 - 12 May, 2009

Radio New Zealand International - Amnesty urged to inspect Vanuatu prison conditions - 3 April, 2006

Amnesty International - Dangerous prison conditions prompt Amnesty International report - 28 September, 1998

Digested Reports of the Vanuatu Office of the Ombudsman - Report on prison conditions and mismanagement of prison budget - 16 September, 1999

Fiji Prime Minister Stands Ground Refusing to Restore Democracy

By Eileen Gould    
Impunity Watch Reporter, Oceania

SUVA, Fiji – Yesterday, Fiji's Interim Prime Minister, Commodore Frank Bainimarama, addressed the United Nations in New York in the wake of the European Union’s decision to extend its trade sanctions on Fiji until March 2010.  The international community has urged Fiji’s government to rethink its position.

The EU refuses to provide Fiji with any development aid until it demonstrates a commitment to return to a democratic state. This aid was aimed at improving Fiji’s economy by assisting, for one, the sugar industry.  Poverty levels in Fiji’s rural communities continue to rise, and its people are extremely discontented.

According to a professor from the School of Economics at the University of the South Pacific, Wadan Narsey, the EU’s decision is indicative of the international community’s increasing concern about the situation in Fiji.

“For the European Union to say that they are going to continue with these sanctions for another six months ought to be taken very seriously by this military government that they have got to rethink their strategy forward,” Narsey said.

Fiji’s government refuses to hold elections until 2014.  This timeline is unacceptable, according to Kamalesh Sharma, the Secretary General for the Commonwealth of Nations, who met with Prime Minister Bainimarama in New York on September 25th.

Sharma also reiterated the Commonwealth members’ disapproval of the human rights situation in Fiji.  He further stated that the Government should rescind the Public Emergency Regulation, an act extending a broad range of powers to the government, including the power to censor the media.  The pair was unable to reach an agreement.   

On September 26th, Bainimarama addressed the 64th Session of the United Nations General Assembly international community.  He plans to put a new constitution into place by September 13th.  “The basis for the new constitution will be the ideals and principles formulated by the People’s Charter for Change and Progress, a document prepared following widespread consultation with, and input from, the people of Fiji”.

The Prime Minister claims that Fiji’s history shows a great deal of “mismanagement, corruption and nepotism”.   He requested that the international community have patience as Fiji attempts to overcome its past.                                                     

He further expressed his disappointment with the UN’s decision to exclude Fiji troops from participating in peacekeeping operations.  Although he did not explicitly mention Australia or New Zealand, it is no secret that these countries are Fiji’s strongest critics.

In December 2006 Bainimarama staged the fourth coup in Fiji since 1987. The Commonwealth suspended Fiji’s membership on September 1.

For more information, please see:
Fiji Village – PM calls for patience and understanding – 27 September 2009

Radio New Zealand News – No agreement between Commonwealth and Fiji – 27 September 2009

TVNZ – Fiji urged to change election plans – 27 September 2009

Xinhua News – Fiji asks critics to have patience during the reform period – 27 September 2009

ABC News – Bainimarama to address UN General Assembly – 26 September 2009

The Associated Press – Fiji stung by exclusion from new UN peacekeeping – 26 September 2009

UN News Centre – At UN, Fijian regime asks critics to have patience during reform period – 26 September 2009

Radio New Zealand International - Fiji regime urged to rethink its stance as EU sanctions continue – 25 September 2009

Australia Plans to Deport Two Kenyan Women Facing Genital Mutilation in Kenya

By Cindy Trinh
Impunity Watch Reporter, Oceania

SYDNEY, Australia - Two Kenyan women in Australia are facing deportation after their asylum applications were rejected. The two women, Grace Gichuhi, and Teresia Ndikaru Muturi, face possible genital mutilation if they are deported back to Kenya. Many Australians have expressed outrage, and urge the Immigration Minister to intervene and allow the two Kenyans to stay in Australia.

A refugee's fear of persecution must be based on "race, religion, nationality, membership of a particular social group, or political opinion." Because fear of genital mutilation does not fit into one of these categories, the women could be sent home to Kenya.

In parts of Africa, female circumcision is still practiced, and is mainly done for cultural purposes as an initiation into womanhood. In some cases, older women perform the circumcision with a broken glass or a tin lid. In other cases, the female is held down by 10 men, and her clitoris is cut off with a knife.

Photo: Women performing a ritual during female circumcision, Courtesy of Embrace Australia

Both women left Kenya because they feared for the safety of their lives. Grace Gichuhi's mother was killed for refusing to be circumcised. Grace Gichuhi is 22 years old. Teresia Muturi, only 21 years old, fled from an arranged marriage with a 70-year-old man and angered her family when she refused to be circumcised.

Photo: Grace Gichuhi and Teresia Muturi fight to stay in Australia, Courtesy of The Age

The two women applied for refugee status, but were denied by the immigration department. A spokesman from the immigration department stated that "[u]nder the refugee convention, they weren't found to engage with Australia's international obligations."

An appeal was filed to the Australian Immigration Minister, Chris Evans, but he rejected the appeal. A second appeal was filed, but nothing has yet been determined. Currently, the women have been told by the immigration department to prepare for deportation.

Senator Nick Xenophon urged Chris Evans to grant the women visas to stay in Australia. The Senator expressed opposition to the laws of Australia, stating that "[i]f the laws are changed, these women have a clear case for asylum," and urged the minister "to exercise discretion to give these two women asylum."

Senator Nick Xenophon is joined by many political adversaries, lawyers, and refugee groups who also want Chris Evans to intervene.

Senator Sarah Hanson-Young believes the women are "prime candidates" for proposing "complementary protection" laws targeted at expanding on existing refugee criteria.

Spokeswoman for Opposition, Sharman Stone, took a different perspective than Sarah Hanson-Young, stating that the existing intervention powers were sufficient to give the two Kenyan women asylum. Sharman Stone contends that the minister is not obligated to adhere strictly to any convention, and can exercise his "own sense of what is right and just and humane."

Mary Crock, a professor of public law at the University of Sydney, opposed Sharman's Stone's view, stating that proposing new "complementary protection" laws that would more certainly give protection to women, such as Grace Gichuhi and Teresia Muturi, is the better choice.

News of the Kenyan women has also raised debate and controversy amongst citizens of the local community. After an article about the two women was published in The Age, an Australian newspaper, concerned readers contacted the newspaper to express their outrage at the situation.

In the online spectrum, Penny Eager, a blogger, wrote to Chris Evans expressing her belief that the "torturous practi[c]e of genital mutilation is abhorrent, and that to deny these women refugee visas is to take a weak stance on this issue." She further urged Chris Evans to intervene, to not only help the women, but to also "send a clear message to Kenya that Australia does not condone these practi[c]es."

A Facebook "Causes" page titled "Help save these Women from Genital Mutilation" was created to support the two Kenyans. The Facebook page was launched by Vanessa Muradian, a citizen of Swinburne, to show support for the women's efforts to remain in Australia.

For more information, please see:

Facebook - Help save these Women from Genital Mutilation

The Age - Huge support for Kenyan fugitives - 23 September, 2009

Global Voices - Australia: Kenyan women refused refugee status - 23 September, 2009

Pocket Carnival - Grace Gichuhi and Teresia Ndikaru Muturi - 22 September, 2009

Embrace Australia - Refugee Girls Face Deportation and Mutilation - 21 September, 2009

Tongan Government Votes Down International Discrimination Law Leaving Women Concerned

By Eileen Gould   
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Last week, the Tongan government rejected the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).  In a vote of 18 to 1, with four abstentions, the Legislative Assembly refused to ratify the convention because it goes against Tongan culture. 

The government claims there is no need to change the position of Tongan women in society because under the current way of life, they are “respected and cherished”.  Ratifying the convention would disturb Tongan traditions by paving the way for the legalization of abortion, the promotion of same-sex marriages, and the granting of land ownership rights to women.

Last week, the Prime Minister’s Office issued a statement which said that “the Tongan way of life is not solely based on the rights and responsibilities, freedom and obligations of the individual, but also emphasize its rights to the extended family and the whole community.” 

Instead, the parliament’s actions will preserve the Tongan way of life by addressing women’s issues on its own. 

Women activists were less than thrilled with the government’s explanation and refusal to adopt CEDAW.  A representative from the Tonga National Centre for Women and Children (TNCWC), an NGO that advocates on behalf of victims of abuse, expressed concern over the government’s lack of recognition of domestic violence.  In a country where women are held in high regard, the Tongan government has refused to pass an act aimed at preserving women’s rights.

The Ministry of Police reported the murders of four women in domestic disputes in 2009, as well as three rapes in August alone.  Further, TNCWC claims that over 200 women subjected to such violence seek help each year. 

Contrary to the government’s suggestion that CEDAW’s provisions necessitate a complete revamping of Tongan law, the 132 year old constitution upholds basic human rights and freedoms.  However, it continues to discriminate against women and fails to afford them protection. Tonga has signed the UN Convention on the Rights of the Child (CRC), as well as, the Pacific Island Forum’s Pacific Plan, and remains heavily involved in the promotion of human rights in the region.

Yesterday, an UN health advisor and a spokesperson for the New Zealand Labour Party criticized Tonga during a parliamentary hearing on Pacific maternal health in Wellington, New Zealand. 

For more information, please see:

Radio New Zealand International – NZ Pacific MP critical of Tonga’s move not to ratify UN Convention – 22 September 2009 

Matangi Tonga - Tongan parliament blatantly ignores women's rights – 19 September 2009

ABC Radio Australia – Tonga rejects convention on discrimination against women – 18 September 2009

Matangi Tonga - Tongan parliament decides not to ratify CEDAW – 18 September 2009

Radio New Zealand International - Tongan women disgusted with government for snubbing CEDAW – 18 September 2009

Radio New Zealand International – Tonga not to ratify CEDAW – 17 September 2009

Indonesia Passes a New Bylaw that Endorses Stoning and Caning as Punishment for Adultery and Homosexuality

By Cindy Trinh
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia - Last week, Indonesia endorsed a new bylaw which authorizes stoning and caning as punishment for adultery and homosexuality, as well as, several other acts mentioned in the Islamic Criminal Code.

The bylaw, which is being described as "cruel" and "harsh," is under heavy criticism. The Indonesian central government has even admitted that the law poses a violation to the country's constitution.

The Islamic Criminal Code forbids a number of acts, including alcohol consumption, gambling, adultery between unmarried and married couples, and homosexuality. The bylaw was passed September 15th in Indonesia's devoutly Muslim Aceh province, by the Aceh Provincial House of Representatives. The law, which further extends the Sharia code already in force, was passed by the regional parliament in aims to discipline behavior that is considered morally unacceptable. 

The law specifically authorizes punishment for adultery and homosexuality. Under the new law, those who are unmarried and commit adultery will be punished with 100 cane lashes, and those who are married and commit adultery will be stoned to death. Those who perform homosexual or lesbian acts will be punished with 100 cane lashes and a fine of 1,000 grams of gold or imprisonment of up to 100 months. Also, those who commit rape or consume alcohol will be punished with up to 200 cane lashes performed in public.

Amnesty International has demanded that the Indonesian government repeal the bylaw.

Sam Zarifi, from Amnesty International, said, "[s]toning to death is particularly cruel and constitutes torture, which is absolutely forbidden under all circumstances in international law."

The Indonesian central government has also admitted that the law poses a violation to the country's constitution.

It is well known that Aceh has endorsed strict punishment in the past. However, legalizing the stoning to death of married persons who commit adultery has posed more serious matters of international human rights, and Amnesty International contends that the bylaw has gone beyond the threshold of acceptability.  

Amnesty International urged Aceh's legislature to repeal the law, to conform with international human rights law and standards, and also to conform with the provisions of the Indonesian Constitution. However, Bustanul Arifin, secretary of Aceh parliament's special committee for drafting the law, defended the endorsement of the law, stating that "it is time now for people to understand the real meaning of Sharia."

Photo: Man being caned in public, Courtesy of Foreign Policy

For more information, please see:
Foreign Policy - Indonesia's harsh new laws - 18 September 2009

Amnesty International - Indonesia Must Repeal "Cruel" New Stoning and Caning Law - 17 September 2009

Telegraph News - MPs pass law to stone to death adulterers in Indonesian province - 15 September 2009

Number of Asylum Seekers Continues to Rise Amidst Controversy Over Australia’s Immigration Policies

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Over the past two weeks, five boats carrying more than 260 asylum seekers have been apprehended in Australian waters by Customs and Border Protection officials. With the latest intervention on September 16, the Rudd government has come under heavy criticism for its immigration and border protection policies.

Those in opposition claim that weakened immigration policies have caused an increase in people smuggling activity in Australia. As a result of a relaxed mandatory detention policy as well as the elimination of temporary protection visas, entering Australia has become easier in recent years. Prior to 2007, when the current administration took office, the Howard government implemented tough anti-asylum seeker laws, requiring refugees to reapply every five years to stay in Australia and also prohibiting their families from joining them. According to Dr. Sharman Stone, an opposition immigration spokeswoman, the government has apprehended ships but has not successfully prevented the flow of asylum seekers.

Government officials claim there is no connection between its policies and the recent increase in asylum boats. The problem has worsened around the globe and will continue to present challenges in the coming years. Displaced individuals from around the world, particularly in places experiencing violence (for instance Sri Lanka, Iraq, and Afghanistan) seek refuge in wealthy developed countries, such as Australia, and are increasingly turning to people smugglers in order to get there.

In an attempt to crack down on people-smuggling, the Rudd government has implemented policies aimed at offshore arrests of criminal syndicates, who charge upwards of US $15,000 per person. The current administration has spent $52 million on border protection, increasing the number of ships, planes, and people patrolling the waters surrounding Australia. In addition, authorities in Australia are cooperating with Indonesian and Malaysian law enforcement to deter unlawful migration. To date, Indonesian law enforcement officials along with the Australian Federal Police have prevented approximately 1,000 individuals seeking asylum from embarking in Jakarta.

Convictions for people smuggling offenses carry heavy fines or lengthy prison sentences. On September 17, two Indonesian men and a Sri Lankan were charged with people smuggling and face a maximum sentence of 20 years in jail or a fine of up to $220,000. 

Photo:  Australian naval boats apprehend a boat allegedly carrying asylum seekers in waters off the coast of Australia in April 2009, Courtesy of Time.

For more information, please see:

Brisbane Times – Alarm over five asylum boats in 14 days – 18 September 2009

The Canberra Times – Aust faces tide of refugees for ‘years’ - 18 September 2009

Time – Australia: Boat Arrivals of Asylum Seekers Rising – 18 September 2009

The Australian - Suspected asylum seeker smugglers arrested in Perth - 17 September 2009

Australia Network News – Breakdown in immigration policy: Australian opposition - 17 September 2009

Taiwan News – Refugee boat intercepted in Australian waters  – 17 September 2009

Australia Ends "Cruel" Practice of Charging Asylum Seekers for Their Detention

By Sovereign Hager

Impunity Watch Reporter, Oceania

 

Australia's numerous immigration detention centers, pictured above, accomadate its mandatory detention policy for all individuals who enter the country without a legal visa.  (Photo Courtesy of Australia Human Rights Commission)

 

CANBERRA, Australia - The Australian government is overhauling its immigration policy for asylum seekers and has passed a new law abolishing detention debt for asylum seekers. A law was also passed removing the "forty-five day rule", which restricted access to work rights for individuals in the process of obtaining a visa. The new laws, announced last week, follow the campaign promises of Prime Minister Kevin Rudd, who opposed his predecessor's tough anti-immigration stance.

Australia has officially ended the much-criticized practice of charging refugees for the daily cost of their imprisonment in detention centers. During legislative hearings, testimony was heard about families struggling to pay detention debts during the global food crisis. Detention debts were typically between $100,000 and $300,000.

Opposition to the reform expressed fear that such a policy would "open the floodgates" of asylum seekers seeking refuge on boats. However, half of a percent of the worldwide total refugees end up in Australia. Almost all of those individuals do not arrive on boats.

Most Australian refugees were held in detention centers outside of Australia until the recent change in administration. Prime Minister Rudd has closed some, but not all of the detention centers. Rights groups argue that the "off shore" detention ensures that Australia does not have to grant immigrant detainees appropriate rights. There are reports that the conditions in the detention centers are extremely poor, with unsanitary conditions.

The majority of asylum seekers are Iraqis and Afghan Hazaras. Afghan Hazras are persecuted by the Taliban.

The new bill has to be given royal assent by the Governor-General before being officially passed into Australian law.

For more information, please see:

National Times - Australia's Ugly Secret: We Still Warehouse Asylum Seekers - 16 September, 2009

Australia Human Rights Commission - Australian Human Rights Commission Welcomes the Removal of the 45 Day Rule for Bridging Visas and the Elimination of Detention Debt - 9 September, 2009

ABC News - Senate Showdown Looms Over Detention Fees - 8 September, 2009

World News Australia - Detention Fees Scrapped - 8 September 2009 

  

 

After Commonwealth Suspension, Former Fiji Leaders Propose Alternative Roadmap

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji - After Fiji was suspended from the Commonwealth, former Fiji prime minister, Mahendra Chaudhry, and former Fiji President, Laisenia Qarase, are proposing an alternative roadmap to hasten Fiji’s return to democracy.

Under Fiji’s current roadmap, the interim government will not hold democratic elections until 2014. The Commonwealth has suspended Fiji from membership in the group following interim prime minister, Commodore Frank Bainimarama’s refusal to develop a plan for holding elections by the September 1st deadline. 

Mr. Bainimarama is calling the suspension a “necessary sacrifice,” in order for Fiji to restore democracy on its own terms. He says he will create a new constitution, which will include a new voting system.

On Wednesday, the interim PM met with Malaysian acting prime minister, Ratu Epeli Ganilau, after which Mr. Ganilau told Radio New Zealand International that “the suspension was predictable, given that the regime was unable to meet the 2010 deadline.”

Mr. Ganilau added, "Hopefully by the time we get to elections in 2014 all these things can come back as normal, (these are) sacrifices that have to be faced, in order to achieve what we’ve set out to do."

But Mr. Chaudhry believes the interim government can hold elections as soon as 2010 if work begins immediately. Mr. Chaudhry and Mr. Qarase say that the country’s leaders must first reform the electoral process to include a system of checks and balances.

Mr. Qarase points out that the political dialogue in Fiji is lacking.

“We have put forward an alternative roadmap, we’d like that discussed, and we’d like those who disagree with us to come up and tell us why this can’t be done. But at the moment there is no mechanism in place. There is no political dialogue at all,” Mr. Qarase said.

For more information, please see:
Radio New Zealand International - Former Prime Ministers in Fiji put up 2010 election roadmap - 02 September 2009

AFP - Fiji: Commonwealth suspension necessary 'sacrifice' - 02 September 2009

VOA News - No Elections on Horizon as Fiji Dismisses Commonwealth Suspension - 02 September 2009