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West Papua legal action to expose Jakarta lobby
Free West Papua Campaign (Melbourne) Media Release - April 28, 2006
West Papua solidarity groups today welcomed law firm Mallesons Stephen Jacques's legal action against the Howard Government and claim the proceedings will highlight undue and unlawful interference with domestic immigration policy.
Spokesperson from the Free West Papua Campaign, Nick Chesterfield, claims the Howard Government has overlooked concerns about human rights, in pursuit of economic and ideological interests.
"Howard Government policy is being formed, not based on Australia's domestic and international legal obligations, but on a dangerous desire to appease the Jakarta lobby at all costs. Rather then promoting and upholding International Law to help end the escalating human rights violations occurring in West Papua, the Howard Government is kowtowing to the Indonesian military and its cronies," Mr Chesterfield said.
The current legal application is likely to force the Howard government to abide by its legal responsibility requiring an immediate decision, or for cause to be shown why no decision has yet been made.
Mr Chesterfield said the high-powered legal action will deliver another big blow supporting the growing campaign to change the Australian Government policy of appeasement.
"We're seeing a lot of community based activities and protests in support of the West Papuans which reflect the widespread concern in Australia about the horrifying violence being inflicted upon some of our nearest neighbours," Mr Chesterfield said.
A recent Newspoll found that over 75 percent of Australians support West Papuan self-determination, suggesting that the ALP and the Coalition are both extremely out of touch with public sentiment about West Papua.
"The Howard Government cannot maintain its short-sighted tactic of trying to sweep these issues under the carpet. The Australian people will continue to voice outrage about the violence in West Papua," Mr Chesterfield said.
The Free West Papua Campaign's next protest action will target Rio Tinto's AGM on Thursday 4 May in Melbourne to highlight the company's involvement in corruption, human rights abuses and wholesale environmental destruction in West Papua.
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Canberra accused of blocking Papuan on visa bid
Melbourne Age - April 28, 2006
Andra Jackson and Michael Gordon -- The Federal Government has been accused of blocking a decision on the claim for refugee status by a West Papuan to "advance relations with Indonesia" and to deter other West Papuans from seeking asylum.
The accusation is at the core of a legal bid to require Immigration Minister Amanda Vanstone to justify the delay in deciding the protection visa claim of the last of 43 West Papuan asylum seekers.
The explosive claims concern the treatment of David Wainggai, 29, the son of one of the founders of the West Papuan independence movement, who remains on Christmas Island.
They are detailed in an application lodged with the Federal Magistrates Court yesterday by Stephen Rebikoff of law firm Mallesons Stephen Jaques on behalf of Mr Wainggai.
The application accuses the minister of failing to perform her duty under the Migration Act by refusing to make, or failing to make, a decision on Mr Wainggai's claim for refugee status, which was lodged on January 31.
The other 42 asylum seekers were granted temporary protection visas on March 23. The 43 West Papuans fled Indonesia by boat and landed on Cape York on January 17.
Senator Vanstone last night vehemently denied the claims, telling The Age: "This case is being decided on its merits and is not being delayed because of any other considerations or issues."
The application, obtained by The Age, alleges the bureaucrat assigned the task of making the decision received an unlawful direction to either stop processing the claim or to refrain from making a decision.
It asserts the direction was aimed at repairing Australia's diplomatic ties with Indonesia and deterring other West Papuans from trying to enter Australia's migration zone and applying for refugee status. The action asks the court to compel the minister to make a decision on the man's visa.
David Manne, who represents the 43 Papuans, last night said the man had engaged lawyers to enforce his right to have a decision made by the Immigration Department on his application for a protection visa.
Mr Manne, co-ordinator of the Refugee and Immigration Legal Centre, said his client had not given permission for his identity to be disclosed. "He is in an extremely vulnerable and precarious position and fears for his life," he said.
Mr Wainggai's father, Dr Thomas Wainggai, died in prison in Jakarta in 1996, eight years after he and his Japanese-born wife were jailed over a demonstration where the West Papuan independence flag was raised. He has a brother and sister living in Japan on temporary visas.
Mr Wainggai's lawyers have requested an urgent hearing of the application. No date has been set.
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