Greg Poulgrain – Ten US members of Congress have described the arrival on Australian shores by canoe two weeks ago of 43 asylum seekers from West Papua as a flight to freedom.
In a written appeal to Prime Minister John Howard on Australia Day, they urged careful examination of the Papuans' claims and asked the Australian Government to grant asylum to those that meet international and Australian standards.
Both the Department of Immigration and Mr Howard have stated that the claims of the asylum seekers, after they arrived on Cape York in remote north Queensland, would be assessed in accordance with the law.
Heading the bipartisan list of 10 Congressmen were two prominent Democrats, Patrick Kennedy and Eni Faleomavaega. The letter to Mr Howard drew attention to the US State Department's recent human rights report which listed the atrocities committed by Indonesian forces in West Papua and the lack of progress in prosecuting those responsible for acts of torture committed there.
To be legally recognised as refugees in Australia (which has ratified the International Convention on Torture) West Papuans must have a well-founded fear of persecution, according to Brisbane-based immigration specialist Bruce Henry.
"International law as incorporated in the Australian Migration Act prevents countries from returning asylum-seekers to where they are at risk of torture," he said.
After arriving on Cape York, the Papuans were sent to Christmas Island, where they were interviewed by Australian immigration officials. Initial reports from a senior official verified the Papuans' claims but it will be several weeks before Canberra announces a decision.
Immigration Minister Amanda Vanstone said Indonesian demands that the West Papuans be returned would not stop or influence their asylum claim being processed.
The US Congressmen made the same point. "We hope that the Government of Australia will reject public demands by the Indonesian Government to return these refugees to the control of the very same security forces from which they fled," their appeal said.
The Australia West Papua Association has urged new Defence Minister Brendan Nelson to help promote democracy in Indonesia instead of strengthening ties with Indonesian special forces group Kopassus.