Foreign Affairs Minister Marty Natalegawa
Ministry of Foreign Affairs of the Republic of Indonesia
Jl. Pejambon No.6. Jakarta Pusat, 10110
Indonesia
Chris Evans
Minister of Immigration,
Parliament House,
Canberra, ACT 2600,
Australia
14 January, 2010
Dear Ministers,
We are very disturbed by the news that some 246 asylum seekers remain moored at sea off the Indonesian coast in the region of Merak. As you know the people involved are Tamils from Sri Lanka and there are many children in the group, all of whom have been in this unresolved situation since last October. Indonesian authorities intercepted their vessel after they were given assistance and intelligence information from Australia.
We understand that all would like the opportunity to claim refugee status and that some 109 of the group have already been recognised by the UNHCR as genuine refugees. Only 8 of the initial group have agreed to leave the boat on an understanding that they would have access to the UNHCR but this has not been granted and all are still held in cramped detention cells.
To add insult to injury, the Indonesian authorities gave Sri Lankan navy officers permission to interview the 8 detainees. This action shows utter disregard for the safety of these asylum seekers and the safety of their families in Sri Lanka. Under international refugee protocols it is mandatory that asylum seekers should be protected at all times from all renewed persecution by the Government of the country they have fled. Refugee advocates consider that Indonesia has committed the most serious breach of refugee protocols and undermined its stated commitment to sign and abide by the UN Refugee Convention.
We also read reports that some Indonesian police figures have been quoted as recommending that the asylum seekers be sent back to Sri Lanka.
In these circumstances, it is entirely understandable that the large group still on the boat choose to stay where they are rather than disembark in Indonesia and face indefinite detention or deportation to Sri Lanka
The conditions on board this boat have become very dire, especially from a sanitation point of view: there is only one toilet and gastroenteritis and diarrhea afflict many. At Christmas time one young man fell ill and died from an undiagnosed illness. Named as George Jacob Samuel Christin, 29, the man was clearly very ill for several days before his death but his hospital care was delayed until it was too late to save him.
Reports say that there is no one on board the boat with any medical qualifications, that medical supplies are rudimentary and that there are only 18 life-jackets. The boat has no anchor and is vulnerable to drifting off to sea. The shelter on board the boat is limited and the tarpaulins used for rain protection are now torn and inadequate.
There can be no doubt that Tamil citizens of Sri Lanka have reason to fear persecution as most have had their lives disrupted by extreme violence and internal displacement. Human Rights groups have called for the Government of Sri Lanka to be investigated for alleged war crimes committed during the recent conflict with the Tamil Tigers and the long drawn out siege of the Tamil areas in the North and East of Sri Lanka.
International law enshrines the principle of “non-refoulement”, explicitly prohibiting the forced return of refugees to areas where their lives are potentially in danger. There have been recent reports that the Sri Lankan navy has been conducting a surveillance operation on the coastline and arresting those attempting to flee by sea.
We urge that these asylum seekers should have immediate access to the United Nations High Commission for Refugees and that Australia and Indonesia should work together putting the needs of the asylum seekers before political considerations.
In the case of the asylum seekers who were previously held on board the ‘Oceanic Viking’ in Indonesian waters, international co-operation did prevail and we understand that this group will shortly be resettled in Australia and other western countries, including New Zealand. We believe that the Merak group merit the same opportunity begin a life free from the threat of persecution.
Few asylum seekers manage to reach New Zealand because of its geographic isolation, but we will continue to lobby our Government to urge that New Zealand share in the regional responsibility for assisting Tamil asylum seekers, especially this group who are being held in a tortuous limbo. New Zealand already has a large and well-settled Tamil community and could easily accommodate a significant number from this group.
Yours sincerely,
Maire Leadbeater
For the Indonesia Human Rights Committee
Copy to
Hon Murray McCully,
Minister of Foreign Affairs,
Parliament Buildings,
Wellington
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