Sri Lankan asylum seekers are being deported from Australia despite fears of torture



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A protest in Melbourne last month to stop the deportation of Tamil asylum seekers Priya and Nadesalingam back to Sri Lanka.
Ellen Smith/AAP

Kirsty Anantharajah, Australian National University

Earlier last month, Thileepan Gnaneswaran was separated from his wife and 11-month-old baby and deported from Australia back to Sri Lanka, the country from which he had fled six years ago. On his arrival in Colombo, he was taken into custody and questioned by Sri Lankan police.

He’s since been released, but the ordeal was no doubt a traumatic experience, given his claims of being interrogated and tortured by Sri Lankan security forces during the country’s long-running civil war due to his family’s connections with to Tamil separatist group, the Liberation Tigers of Tamil Eelam (LTTE).




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Two other Tamil asylum seekers from Sri Lanka, a married couple in Queensland only identified publicly by their first names (Nadesalingam and Priya) for security reasons, also received deportation notices this year. They and their two small children were taken from their home in a dawn raid by immigration officials, and are currently being held in detention.

In late June, a court order temporarily halted the deportation of Priya and her eldest daughter. But the family now faces the possibility of being separated, as well.

These are just two of the more public cases of Tamil asylum seekers facing deportation from Australia in recent months. Given Australia’s intense secrecy on asylum issues, we know much less about 116 Sri Lankans who were in detention as of April, or the 42 holding precarious bridging visas who also face an uncertain future.

Wave of Tamil asylum seekers

Like Gnaneswaran, most Tamil asylum seekers in Australia have serious claims of abuse at the hands of Sri Lankan security forces.

This is generally due to actual or perceived links to the LTTE, which waged a 26-year insurgency against the Sri Lankan government. The war came to a brutal end when the Tamil fighters were defeated in 2009. Upwards of 100,000 civilians are believed to have died in the war.

Since the end of the war, some 115,000 Sri Lankans have fled the country, some ending up in Australia. Sri Lankan boat arrivals to Australia spiked in 2012, when they comprised the largest source country of asylum seekers. Between 2012-13, only 11.6% of their applications were accepted, even though many claimants had documented evidence of experiencing torture and violence in Sri Lanka.




Read more:
Handing over Tamils to the state they fled breaks international law


Due to the increase in boat arrivals during this time, the Australian government introduced a policy of enhanced screening for asylum seekers in October 2012.
The policy sought to “screen in” or “screen out” asylum seekers on the basis of a single entry interview, before they were even able to lodge a protection visa application. Because those “screened out” were never told why they’d been rejected, the policy lacked transparency and accountability.

The Australian Human Rights Commission noted that as of May 2013, immigration officials had conducted 2,596 screening interviews of Sri Lankan asylum seekers and returned more than a third of them to Sri Lanka.

Tamil asylum seeker Thileepan Gnaneswaran before his deportation from Australia.
Tamil Refugee Council, Author provided

Two versions of the current political climate

Australian immigration officials rely heavily on “country information reports” provided by the Department of Foreign Affairs and Trade (DFAT) to determine claims for asylum. Passages from the reports are often extracted by immigration officials in visa refusal letters.

But in the case of Sri Lanka, these reports often differ from the experiences of Tamils living there and the observations of international organisations and human rights groups.

Take, for example, the issue of the threat of torture by police or the military. The 2018 DFAT report states:

The International Truth and Justice Project (ITJP) cited 24 cases of torture in 2016 and 2017. An Associated Press article published in November 2017 claimed 52 incidents of torture, which included the cases reported by the ITJP. … However, DFAT is unable to verify allegations of torture in 2016 and 2017.

A 2017 report on Sri Lanka by the UN High Commissioner for Refugees takes a more cautious approach:

The use of torture remains a serious concern. In its report submitted to the
Committee against Torture, in November 2016, the Human Rights Commission of Sri
Lanka stated that complaints it had received illustrated the routine use of torture by the police throughout the country as a means of interrogation and investigation.

In its 2017 report, ITJP documents torture during the same time period involving beatings, whippings, burnings with cigarettes, brandings with hot metal rods and other methods.

In addition, rape and other forms of sexual violence and humiliation continue under the (Maithripala) Sirisena regime. The methods of torture remain consistent and the severity of the torture is not diminishing in the cases the ITJP has studied for this report.

What happens when Tamils go home

There’s evidence that asylum seekers being sent back from Australia this year are also being targeted by security forces.

Shantaruban, a Tamil asylum seeker and former member of the LTTE, was deported in February this year, despite a request for a delay from the UN Committee Against Torture while it investigated whether he would face torture upon returning to Sri Lanka.




Read more:
Why the increase in Sri Lankan asylum seekers?


According to the Tamil Refugee Council, a grassroots group that advocates for Tamil asylum seekers in Australia, Shantaruban was arrested at the airport in Colombo and has experienced ongoing harassment. Security forces have made multiple visits to his home and recorded the details of his wife and children, including the school his children attend.

The ConversationReturned asylum seekers will continue to face such uncertainty and strife until policymakers in Australia – and other countries where Tamils have sought refuge – start looking beyond their country information reports and listen to the accounts of asylum seekers to find the truth instead.

Kirsty Anantharajah, Research Associate at ANU School of Regulation and Global Governance (RegNet), Australian National University

This article was originally published on The Conversation. Read the original article.

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Why Trump has made Europe more fearful of a possible Russian attack


Jean S. Renouf, Southern Cross University

US President Donald Trump’s eyebrow-raising visit to Europe has confirmed Europeans’ worst fears: if another “Crimea-like” take-over by Russia occurs somewhere on the continent, they will likely be on their own.

Trump had made it abundantly clear that European leaders can no longer rely on the US for its protection. He was not only harshly criticised by his own party for being too conciliatory with Russian President Vladimir Putin during their Helsinki summit, he also lashed out at US allies once more, going so far as to call the European Union a “foe”.

The US may have more than 60,000 troops stationed in Europe, but a recent report stating the Pentagon is assessing the impact of a possible reduction of troop numbers, coupled with Trump’s unpredictability, has made America’s traditional allies nervous.

Indeed, by initiating trade wars and continuously attacking his closest allies, Trump has weakened the entire West.

Another war in Europe remains possible

Despite his reassurances last week that the US still values NATO, Trump’s divisive visit to Europe may embolden Putin in his assessment that occupying more European land may not be met with much military resistance.

Poland is so concerned, it has recently offered to pay the US up to US$2bn to permanently deploy an armoured division on its soil.




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US approach to security is deeply troubling – and it’s not just about Trump


The on-going conflict in Ukraine, coupled with Putin’s increased emphasis in recent years on Russia’s “right” and “obligation” to “protect” ethnic Russians and Russian speakers beyond its borders, contribute further to the unease between Moscow in the West. This is particularly being felt in the Baltic states, two of which (Estonia and Latvia) have sizeable Russian minorities.

It certainly doesn’t help when Russia conducts military drills or dispatches warplanes on the borders with the Baltics, giving a real sense that military escalation in this part of Europe is entirely plausible.

Tensions are building in Eastern Europe

The focus of any possible Russian military incursion could be a thin stretch of land between Poland and Lithuania known as the Suwalki Gap (named after the nearby Polish town of Suwałki), which would allow Russia to reinforce its only access to the Baltic Sea through its Kaliningrad exclave and cut the Baltics off from the rest of Europe.

The Suwalki Gap also links Kaliningrad with Belarus, a staunch Russian ally. Moscow regularly organises joint strategic military exercises with Minsk, the most recent being the Zapad (meaning “West” in Russian) war games last September.

Kaliningrad is strategically important, as well, as the site of recently deployed nuclear-capable short-range missiles and an upgraded nuclear weapons storage site.




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Reflecting their concerns about a possible invasion, NATO members held military exercises last June that focused for the first time on defending this 104km strip of land from a possible Russian attack. Then, last month, NATO held the Trojan Footprint 18 joint military exercise in Poland and the Baltics, which was one of its biggest-ever war games in the region.

These military build-ups on NATO’s eastern flank are reminiscent of the Cold War and feed both Russia’s “deep-seated sense of vulnerability vis-à-vis the West” and Europe’s own feelings of insecurity.

Going it alone

But should Russia decide to invade the Suwalki Gap, would Europe go to war over it?

It may not be able to. European military options remain limited as NATO does not have the military means to go to war against Russia without the US. Acutely aware of this, European leaders launched a new regional defence fund last year to develop the continent’s military capabilities outside of NATO.

While a direct Russian invasion of a NATO member would be the worst-case scenario, it’s more likely that Putin would seek to further destabilise the bloc’s eastern flank through a hybrid war involving cyber-attacks, divisive propaganda campaigns and the use of armed proxies like the “little green men” that appeared during the Ukraine conflict.

Even here, though, it’s clear that Europe cannot provide a unified front to counter potential Russian actions. Some countries like Hungary and Italy seek a closer relationship with Russia, while others like the UK are already embroiled in diplomatic conflicts with it.




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France and Germany have already announced plans to increase defence spending not because of commitments made to Trump during the latest NATO summit, but out of real concerns that another confrontation with Russia is becoming a real threat.

The ConversationTrump has weakened the Western alliance at a time when Europe is not ready to step up and ensure its own security. He may have united Europeans around shared fears and their collective response, but he’s also made them more vulnerable.

Jean S. Renouf, Lecturer in Politics and International Relations, Southern Cross University

This article was originally published on The Conversation. Read the original article.

Manus detention centre closure sparks safety fears for refugees



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AAP

Amy Maguire, University of Newcastle and Georgia Monaghan, University of Newcastle

On Tuesday, the Australian government will close the Manus Island regional processing centre in Papua New Guinea. Arguing that they have no safe place to go, nearly all 742 remaining residents are refusing to leave.

The closure is likely to generate resistance and potentially violence. Tensions continue to build between refugees, local residents and PNG authorities.

Manus – the story so far

The Howard government established the Manus Island and Nauru centres in 2001 as part of the Pacific Solution. Originally, offshore processing was characterised as a short-term response to an influx of asylum seeker boat arrivals.

However, over time, offshore processing has become cemented as a central strategy to prevent asylum seekers reaching Australian territory by boat. The government has argued that offshore processing is necessary to disincentivise dangerous and exploitative people smuggling.

In practice, by preventing the access of asylum seekers to territory under Australian jurisdiction, the government has severely curtailed the rights of vulnerable people. Asylum seekers detained offshore lack access to proper refugee protection and judicial review mechanisms, and are denied basic rights guaranteed under international law.

Australia’s treatment of refugees has been condemned by the international community. Mandatory and indefinite offshore detention contravenes Article 9 of the International Covenant on Civil and Political Rights. This provision protects people from arbitrary detention and upholds their right to liberty and security.

Human rights abuses have been documented in the Manus and Nauru centres. They are overcrowded and provide insufficient medical and psychiatric support.

There have also been documented cases of physical and sexual abuse at the hands of centre security. The poor mental health of many detainees, evidenced by attempts at self-harm and suicide, exposes the mental toll of inhumane living conditions and uncertainty about the future.

In April 2016, the PNG Supreme Court found that the arrangement between PNG and Australia to establish and maintain the Manus centre was unconstitutional. Under PNG law, the government had no power to infringe the right to liberty of the detainees.

As a result, in August 2016, the Australian and PNG governments announced that the Manus centre would close.

Over the past 14 months, Australia has attempted to move detainees from Manus through a range of means. The most prominent strategy has been an agreement with the US to take up to 2,000 people currently in detention on Manus or Nauru and ineligible for transfer to Australia.

This deal became infamous through a controversial leaked phone conversation between Prime Minister Malcolm Turnbull and US President Donald Trump. To date, a reported 20 people have been resettled in the US via this process.

The closure, and what’s next for the Manus detainees

On October 19, Australian immigration authorities warned detainees that the Manus centre would be closed on October 31. Those remaining were advised to leave before essential services were withdrawn.

The centre is now without electricity and water supplies are soon to be cut. Protective fences are being removed. Broadspectrum, the private company contracted to manage the centre, will hand control to the PNG Navy.

Over the past month, the centre has been progressively dismantled and detainees have been forced into overcrowded conditions. The minimal medical and psychiatric support has been removed and detainees are forced to share scarce amounts of food and sanitary resources.

Those remaining on Manus have been given three options by the Australian government.

  • Those who have been assessed as refugees may move to a temporary settlement in Lorengau town or transfer to the Nauru centre. The longer-term resettlement path for these people is unclear.

  • Detainees have the option of returning to their country of origin.

  • The third option is to seek more permanent settlement in PNG or a third country.

The response from refugees, Manus Islanders, and human rights advocates

Each of these options has been condemned as potentially harmful or dangerous.

Refugees cannot be legally returned to their country of origin, where they may face a risk of persecution. To return a refugee to a place where their life or freedom is threatened is to violate the obligation of non-refoulement.

Further, people can be rendered stateless by efforts to return them to their country of origin, even in the case where they have not gained protection as refugees. For example, Iran will not accept the return of nationals who have sought asylum elsewhere.

The proposal to relocate detainees to Nauru does nothing to resolve their precarious situations. It is unsurprising that this option has not been embraced by detainees.

The most immediately pressing risks, however, arise with the local movements of detainees on Manus Island. Iranian journalist and asylum seeker Behrouz Boochani reports that those remaining in the centre are determined not to move to Lorengau town.

The fear is that their arrival will be met with violence from the local community. An aggressive response would not be unprecedented given the history of interactions between refugee and local populations.

In 2014, Lorengau locals attacked the Manus centre, killing one refugee and injuring 77. In recent months, local people have warned detainees:

If you come to Lorengau we will be forced to attack you.

The governor of Manus Island, Charlie Benjamin, has threatened to block the resettlement. Benjamin says the Australian government never consulted the community as to the resettlement and have started construction of the new accommodation facility without prior approval.

The UN High Commissioner for Refugees’ regional representative, Thomas Albrecht, condemns Australia for abdicating its responsibility and putting the onus on the refugees to improve their situation:

Having created the present crisis, to now abandon the same acutely vulnerable human beings would be unconscionable.

With the Manus centre closed, those remaining lack security wherever they are. Considering that PNG sailors attacked the camp in April this year, firing at detainees and buildings, the PNG Navy can hardly be considered an alternative source of protection.

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Closure sparks human rights crisis

Extra PNG police are stationed on Manus in anticipation of the closure.

The UNHCR has warned of a “humanitarian emergency”. Human Rights Watch has urged Australia to send the Australian Federal Police to Manus in order to protect refugees and mitigate conflict.

At the 11th hour, the Australian government remains immovable. Recently elected to its first term on the UN Human Rights Council, Australia’s practice in relation to asylum seekers who travel by boat remains an unaddressed blight on its human rights record.

The ConversationAustralia also wears massive economic costs to maintain the policy of mandatory offshore detention for boat arrivals. An estimated A$150-$250 million will be committed to housing those remaining on Manus for 12 months following the closure, with no clarity about what happens next. And another $70 million in damages were recently awarded to Manus detainees against the government.

Amy Maguire, Senior Lecturer in International Law and Human Rights, University of Newcastle and Georgia Monaghan, Research Assistant, University of Newcastle

This article was originally published on The Conversation. Read the original article.

Syria: Persecution News Update


The link below is to an article reporting on the fears of Christians in Syria concerning the civil war.

For more visit:
http://www.al-monitor.com/pulse/culture/2013/05/syria-christians-fear-collapse-of-state.html

Afghanistan: Civil War Fears


The link below is to an article that brings up fears of a civil war in Afghanistan – is anyone really surprised by that?

For more visit:
http://www.guardian.co.uk/world/2013/apr/10/mps-fear-afghan-civil-war

Syria: Christian Fears


The link below is to an article reporting on the situation in Syria for Christians and fears they hold for a Syria post-Assad.

For more visit:
http://global.christianpost.com/news/christians-in-syria-fear-radical-islamic-control-if-assad-falls-78785/

Latest Persecution News – 11 June 2012


Violence Continues in Nigeria as Akinola Criticizes President

The following article reports on the latest news of persecution in Nigeria where Islamic estremists continue to attack Christians and their churches.

http://www.compassdirect.org/english/country/nigeria/article_1563037.html

 

Court Rulings Mirror Fears, Hopes in Egyptian Vote

The following article reports on the fears and hopes of Egypt’s Christians in that country’s return to democracy.

http://www.compassdirect.org/english/country/egypt/article_1567353.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Egypt: Christians May Be Forced to Leave


The following article reports on the current situation in Egypt for Christians since the ‘Arab Spring’ uprisings. There are fears that the Christian minority may be driven out by Islamists.

For more, visit:
http://www.wnd.com/2012/02/egyptian-christians-to-be-forced-to-leave/

Malaysian Christians Seek to End Restrictions on Malay Bibles


Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

Report from Compass Direct News
http://www.compassdirect.org