Detained asylum-seekers win right to sue PNG government for compensation

Makeshift sleeping areas are seen inside the Manus Island detention centre in Papua New Guinea, November 15, 2017. Picture taken November 15, 2017.

MELBOURNE (Reuters) – A Papua New Guinea court has given hundreds of asylum-seekers who were held for years in a controversial Australian detention center the right to sue the PNG government for compensation, Australian media reported on Saturday.

Papua New Guinea’s Supreme Court rejected an attempt by the PNG government to stop the asylum-seekers seeking compensation on Friday, the Australian Broadcasting Corporation reported.

The government had tried to argue that the time frame for such attempts to sue for compensation had passed but the court rejected its application.

“The finding opens the way to a major compensation and also for consequential orders against both the PNG and Australian governments,” Refugee Action Coalition spokesman Ian Rintoul told Australian Associated Press.

The decision comes two months after the PNG government closed the detention center on remote Manus Island, which had housed about 400 male asylum-seekers.

Conditions in the camp, and another on the tiny Pacific island of Nauru, have been widely criticized by the United Nations and human rights groups.

The two camps have been cornerstones of Australia’s contentious immigration policy, under which it refuses to allow asylum-seekers arriving by boat to reach its shores.

The policy, aimed at deterring people from making a perilous sea voyage to Australia, has bipartisan political support.

The closure of the Manus island camp, criticized by the United Nations as “shocking”, caused chaos, with the men refusing to leave the compound for fear of being attacked by Manus island residents.

Staff left the closed compound and the men were left without food, water, power or medical support before they were expelled and moved to a transit camp.

Papua New Guinea’s Supreme Court declared in 2016 that the detention of asylum-seekers on behalf of the Australian government was illegal and that it breached asylum-seekers’ fundamental human rights.

The asylum-seekers will now go back to court in February to seek orders from Australia and Papua New Guinea for them to be settled in a safe third country.

The United States announced on Friday that it had agreed to accept about 200 more refugees from Manus island and Nauru under a deal struck between Australian Prime Minister Malcolm Turnbull and former U.S. President Barack Obama.

Another 50 refugees had already been accepted as part of the deal, under which Australia agreed to accept refugees from Central America. U.S President Donald Trump has called the deal “dumb”.

(Reporting by Alana Schetzer; Editing by Paul Tait)

Papua New Guinea threatens to forcibly remove asylum seekers

Workers dismantle structures in Lombrum detention camp on Manus island, Papua New Guinea, November 13, 2017. Behrouz

By Colin Packham

SYDNEY (Reuters) – Papua New Guinea Immigration Minister Petrus Thomas said authorities would take steps on Monday to forcibly remove around 450 men who remain in an abandoned Australian detention center without food or running water.

Hundreds of men have barricaded themselves into the Manus Island center for more than 13 days without regular food or water supplies, defying attempts by Australia and Papua New Guinea to close the facility, saying they fear for their safety if removed to transit centers.

“We will be taking steps with relevant authorities to move the residents based on serious exposure to health risk for the food of everyone that is remaining,” Thomas said in a statement issued late on Sunday.

As of 5.00 p.m. (0700 GMT) Monday, no moves had been made by the government to remove the men, several asylum seekers inside the center told Reuters via email.

One of the asylum seekers barricaded inside the center said on Monday that water supplies have been destroyed after Papua New Guinea workers entered the site and drained rainwater collected in tanks and garbage bins.

“Immigration came and bored holes in the water tanks where we had been collecting rain water,” he said, asking to remain anonymous for fear of reprisals from Papua New Guinea authorities. “They also demolished the well we built.”

Running water and electricity to the center were disconnected two weeks ago after Australian security withdrew and the camp closed on Oct. 31. The center had been declared illegal by a Papua New Guinea Court.

The United Nations has warned of a “looming humanitarian crisis” among the asylum seekers, who are drawn largely from Afghanistan, Iran, Myanmar, Pakistan, Sri Lanka and Syria.

Australia has used the center, and a camp on the tiny Pacific island of Nauru, to detain asylum seekers who try to reach its shores by boat. It says boat arrivals will never enter Australia, even if found to be refugees, as that would encourage people smugglers in Asia.

Under a refugee swap deal, the United States has agreed to accept potentially up to 1,250 asylum seekers from Manus and Nauru, in return for Australia taking refugees from Central America. The United States has so far only accepted 54 refugees.

New Zealand has offered to resettle 150 asylum seekers, but Australia has rejected the offer.

 

 

 

(Reporting by Colin Packham; Editing by Jane Wardell, Peter Cooney and Michael Perry)