The Age, August 2, 2006
Indonesia blamed for rights abuse
Jewel Topsfield and Michelle Grattan, Canberra
PAPUA independence activist David Wainggai could be at risk of "serious harm" from
Indonesian military or security forces if sent home, the Refugee Review Tribunal has
warned.
The tribunal, which overturned a Government decision to deny protection to Mr
Wainggai, concluded that violence and human rights abuses in Papua meant Mr
Wainggai could come to the "adverse attention of the Indonesian authorities".
Immigration Minister Amanda Vanstone yesterday refused to rule out an appeal. The
Indonesian Government played down the finding. In Jakarta, a Foreign Affairs
spokesman, Desra Percaya, said: "We have moved beyond the issue. It is the matter
for Australia to resolve."
In a 24-page decision, seen by The Age, the tribunal rejected the Government's
assertion that Mr Wainggai, 29, could be sent to Japan, where he held a temporary
visa that expired in September.
The tribunal said he could be refused landing permission there and face "a real
chance" of being sent to Indonesia.
Mr Wainggai claimed he feared returning to Papua because of his political profile,
Papuan ethnicity and membership of a particular social group comprising his family.
"The tribunal accepts that members of (his) family suffered various forms of
punishment over a protracted period under Indonesian rule."
Support for independence had led to the "incarceration of his father, mother and
cousin". His father was a high-profile advocate of Papuan independence who died
serving a 20-year prison term for treason — "unfurling the flag of West Melanesia and
for expressing his pro-independence views".
The tribunal said Mr Wainggai feared the Indonesian military and security forces
"because the Indonesian authorities have a history of violence and oppression of
dissidents and in particular supporters of the pro-independence movement.
"The Indonesian authorities will not accept or approve of (his) pro-independence views
or his behaviour," it said.
Despite Indonesia's claims that it does not abuse human rights in Papua, the tribunal
highlighted country information reports indicating that "notwithstanding current
Government policy statements on obtaining peaceful resolutions of the Papuan
situation, human rights abuses by the Indonesian police and military continue to
occur in response to the pro-separatist movement".
Recent reports indicated that someone flying the Papua Morning Star flag "would have
serious consequences if apprehended by the Indonesian authorities", the tribunal
said.
Mr Wainggai said in a statutory declaration that the Indonesians had "poisoned my
father because they don't like smart people who tell the truth" and most Papuans
knew of someone who'd been "killed for raising our flag".
Senator Vanstone said she would read the tribunal finding before deciding on an
appeal. "The department's decision was that the person had an entitlement to reside
in another place (Japan) and, as I've been advised, the Refugee Review Tribunal is not
satisfied with the ease with which that right could be taken up," she said.
Mr Percaya said that a meeting between Prime Minister John Howard and Indonesian
President Susilo Bambang Yudhoyono had determined that the two countries would
look to the future.
Mr Wainggai arrived with 42 other Papuans, who were granted protection visas in
March, inflaming tensions with Indonesia and leading to proposed laws — still not
passed because of a backbench revolt — in which Australia would process future
unauthorised boat arrivals on Nauru.
Copyright © 2006. The Age Company Ltd.
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