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Paras Indonesia, May, 24 2006 @ 11:50 pm

43rd Papuan Asylum Seeker Denied Visa

By: Roy Tupai

The Australian government, eager to patch up a diplomatic rift with Indonesia, has decided not to grant a temporary stay visa to the last member of a boatload of 43 asylum seekers from Papua province.

Australian Immigration Minister Amanda Vanstone said Wednesday (24/5/06) the man's application for asylum was rejected because he has the right to live in a third country.

The 43 Papuans had arrived at Australia's northern coast in January, claiming they were fleeing persecution and genocide by the Indonesian military. The Australian government in March decided to grant visas to 42 of them, triggering a major diplomatic row with Indonesia.

Vanstone declined to identify the 43rd Papuan, currently being detained on Christmas island, but Australian media reports identified him as David Wainggai (29), the son of prominent independence activist Tom Wainggai, who died in Jakarta's Cipinang prison in 1996 while serving a 20-year sentence for organizing an illegal flag raising event in 1988.

Reports said David could be sent to reside in Japan as his mother is reported to be originally a Japanese citizen, who was also jailed over the flag raising event and now lives in Jakarta.

Vanstone said the man could appeal the decision to the Refugee Review Tribunal or accept the ruling. "If you come to Australia claiming protection and you've got a right to reside somewhere else, other than the place where you are claiming protection, it's a reasonable proposition to say well, you should go to the place where you have the right to reside and pursue the matter, that matter there," she was quoted as saying by the Australian Associated Press.

The man's lawyers had earlier accused Australia of using him as a pawn to bolster ties with Indonesia, which recalled its ambassador from Canberra over the visa spat.

The two countries' foreign ministers, Hassan Wirajuda and Alexander Downer, met in Singapore on May 15 to discuss how to repair ties. A meeting is now being planned between President Susilo Bambang Yudhoyono and Australian Prime Minister John Howard.

Indonesia has cautiously welcomed Australia's plan to change its immigration legislation so that any foreigners arriving illegally by boat would be transferred to offshore immigration detention centers for processing.

Indonesian legislators this week told Australian Ambassador Bill Farmer they would be observing how the proposed changes are implemented. Farmer made it clear that Australia opposes Papua's separatist movement and instead supports the government's special autonomy package for the province. "We have no interest in separatism, we oppose separatism," he was quoted as saying by the Australian Broadcasting Corporation.

Legislator Amris Hassan said Australia's plan to send away asylum seekers looks good on paper, although there remain some doubts because of Australia's role in helping East Timor to secede from Indonesia.

Papuans in Indonesia are presently more preoccupied with the twin issues of a disputed provincial election result and the trial of student activists accused of vandalizing the Jakarta office of US-based mining company Freeport, which operates the world's biggest gold mine in Papua.

Election Dispute

About 100 Papuan activists rallied in Jakarta on Wednesday to demand the Home Affairs Ministry postpone the inauguration of Papua's governor-elect Barnabas Suebu, who in April was declared winner of the province's first direct gubernatorial election.

Suebu was backed in the election by five political parties, including the country's two biggest, Golkar and the Indonesian Democratic Party of Struggle (PDI-P). He and his running mate, Golkar legislator Alexander Hessegem, won more than 354,700 votes, narrowly defeating rival candidate Lukas Enembe and his running mate Airobi Ahmad Aituarauw, who won more than 333,600 votes. Over 17,000 votes in the election were deemed invalid.

The activists, from the Papuan Forum for the Defense of Democracy, are supporters of Enembe. They accused Suebu, his backers and some vote counters of electoral fraud. They demanded fresh voting in Kurima district, Yahukimo regency, claiming that votes for Enembe had been counted toward Suebu. They failed to meet with Home Affairs Minister M. Maruf and plan to stage another rally on Monday.

Freeport Vandalism Trial

Also on Wednesday, 10 Papuan students appeared before South Jakarta District Court to face criminal charges of vandalizing the office building used by Freeport Indonesia.

The students had attacked the Plaza 89 building in Kuningan, South Jakarta, in February to protest what they said was the central government's lack of serious attention to problems faced by indigenous Papuans, including the right to mine waste from Freeport's massive Grasberg mine.

Inside the court, the students refused to be named defendants and urged judges to throw out the case. They said they attended the hearing only as witnesses of the arbitrary exploitation by capitalists of the Papuan people.

"We came to this session as a form and consequence of our struggle to defend the Papuan people from suppression carried out by the capitalist company and elements of the Unitary State of the Republic of Indonesia," student Yan Matuan was quoted as saying by detikcom online news portal.

He said the incident at Plaza 89 was not a criminal action, but a form of protest against "excessive injustice" in Papua.

The trial will resume on May 31 for judges to hear the prosecution's response to the students' demand for the case to be dropped.

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