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Arrival of West Papuan asylum seekers

International Commission of Jurists Australia News Release - January 19, 2006

"The Australian government must respect the rights of the forty West Papuans who have arrived in Cape York. Australia is required to act in accordance with its protection obligations under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees" said John Dowd, President of ICJ Australia.

"They should not be sent offshore processing camps in Nauru or Manus Island as they are quite distinct from other boat arrivals as they have come directly from the place where they were persecuted" said Mr Dowd.

"The 1951 Refugee Convention requires that states do not punish asylum seekers for illegal entry if they have come directly from a place where their lives were threatened" said Mr Dowd.

ICJ Australia has long monitored the human rights and legal situation in the Indonesian province of West Papua and has maintained contact with leading Papuan human rights advocates. Since the 1980's ICJA has investigated the flight of West Papuans refugees into Papua New Guinea and has repeatedly been informed about the impact of Indonesian military violence on indigenous communities.

Human rights violations have increased in Papua over the last three years with an increased military presence in the province and the infiltration of pro-Indonesian militia into urban areas. There have been major military offensives in the remote highland areas, especially in areas rich with natural resources. The Special Autonomy Law of 2001 has failed to deliver increased political or economic participation for the indigenous Papuans.

Pro-independence or anti-Indonesian political activity has been violently repressed, yet thousands of Papuans continue to demonstrate to oppose military rule by Jakarta.

ICJ Australia considers that many of the forty asylum seekers will have valid claims to be granted refugee status. We request that they be treated humanely and be immediately provided with medical assistance and advised of their legal rights.

For comments, please contact:

Mr John Dowd at 9266-0950
Justice Elizabeth Evatt at 9361-3867 or
Ms Elizabeth Biok at 9219 5895

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