Australia, therefore, has the treaty obligation to correct the infractions of the laws of enslavement of person(s). This alleged case in consideration has been that the Australian nationals are perpetrating the crime of enslavement in the Republic of Nauru and Papua New Guinea. Understandably, the local law enforcements such as Australian Federal Police or Australian Courts may not be able to directly take immediate actions on such offshore crimes. ...... However, according to Article 9 of the 1956 Convention, the contracting states must not allow the violation of Slavery Conventions and, therefore, it is inevitable that the prosecution for the perpetrators of crime must have to take place in one form or another.
Letter to Director, Australian Federal Police
ref: 5979971/AM, OFFSHORE DETENTION; dated 17th Nov 2017.
I thank you for your letter on 5th June 2017, informing me that the Australian Federal Police cannot take any further action as regards offshore detention.
In relation to the Commonwealth Government of Australia arrangements of offshore detention of asylum-seekers, I have submitted a communication on 30th June 2017 to the International Criminal Court (ICC) in accordance with the Article 15 of Rome Statute. My analysis indicates that the government's offshore detention arrangement tantamount to enslavement of asylum-seekers. As such, the Australian Government has been perpetrating the Crime Against Humanity of Enslavement of asylum-seekers at offshore. For your information, I enclosed my communication together with a reply letter from ICC.
As you may have notice, the ICC has not make any indication as to investigate (or not to investigate) on this matter. However, I am having no doubts that the people within Australian Government have now been involved in the crimes of enslavement. Whilst I am not a lawyer, I've already checked this issue against internationally known patterns of occurrence of such crimes. The purpose of this particular letter to Australian Federal Police is to inform your department that there had been an alleged Crime Against Humanity of Enslavement implicating the Commonwealth Government of Australia.
With regards to the crimes of enslavement, Australia is a signatory the Rome Statue of 1998. In addition, Australia is a state party to the 1926 Slavery Convention and also the 1956 Supplementary Convention on the Abolition of Slavery. The Articles 6 and 9 of the 1956 Convention states:
Art.6: (1.) The act of enslaving another person or of inducing another person to give himself or a person dependent upon him into slavery, or of attempting these acts, or being accessory thereto, or being a party to a conspiracy to accomplish any such acts, shall be a criminal offence under the laws of the States Parties to this Convention and persons convicted thereof shall be liable to punishment.
Art.9: No reservations may be made to this Convention.
Australia, therefore, has the treaty obligation to correct the infractions of the laws of enslavement of person(s). This alleged case in consideration has been that the Australian nationals are perpetrating the crime of enslavement in the Republic of Nauru and Papua New Guinea. Understandably, the local law enforcements such as Australian Federal Police or Australian Courts may not be able to directly take immediate actions on such offshore crimes. Also, it is unlikely the Australian Government will give the AFP any directives to investigate such crime.
However, according to Article 9 of the 1956 Convention, the contracting states must not allow the violation of Slavery Conventions and, therefore, it is inevitable that the prosecution for the perpetrators of crime must have to take place in one form or another. I therefore would like to request your department's kind assistance in informing all relevant Australian law enforcement agencies – should you feel it appropriate -- that there has been allegations against Commonwealth Government on the Crime Against Humanity of Enslavement.
Insofar as the large scale enslavement of persons, historically there had not been an occurrence in the last 60 years, especially in democratic societies. In addition, please also be aware that such a crime of enslavement cannot take place in isolation. In association with the crime of enslavement, there would be political corruptions, large scale embezzlement of government funds, obstruction of justice, deception and violence as means to controlling victims, and the willful negligence that led to death of victims (asylum-seekers). These subsequent crimes, once established, definitely are under the jurisdiction of local courts.
As it stands, the enclosed submission (30/6/17) to ICC can only serve to provide an overview of events taking place in Offshore Detention Centers. However, the ICC cannot prosecute the Commonwealth Government of Australia as a whole. Therefore, as an ordinary Australian citizen, I shall continue to raise this matter and -- without fear or favour -- will provide further information to ICC the list of perpetrators (alleged), co-perpetrators (alleged) and indirect co-perpetrators (alleged) within coming days and weeks. I appeal your department to keep alert on those (alleged) perpetrators of the crime of enslavement.
In closing, I thank you for your attention to this matter.
Yours respectfully and sincerely,
(U Ne Oo)
LETTER ADDRESSED TO:
Director, Australian Federal Police, c/o Coordinator OMC, Locked Bag A3000, Sydney South NSW 1232
1. The Office of Prosecutor, International Criminal Court.
2. The UN-Secreataray General, c/- Office of UNHCR, Canberra.
3. Attorney-General, Commonwealth Government of Australia.
1. Communication to ICC and the reply letter.
Letter to the Hon. Tanya Plibersek, Deputy Opposition Leader
To Hon. Tanya Plibersek, re: End Offshore Enslavement of Asylum-seekers: As a follow-up to the request made on early February to you and Australian Labor Party for the evacuation of asylum-seekers held at Manus Island and Nauru, I enclosed the copy of communication to ICC regarding the conduct of Australian Government. In my view, the Australian Government is perpetrating Crime Against Humanity of enslavement of asylum-seekers. As such, the government and all elected parliamentarians are required to put an end to this offshore enslavement.
In this connection, there had recently been a motion put forward by Senator McKim to evacuate the offshore asylum-seekers. It is observed that some Labor Senators have abstained from voting, the Coalition and some other senators have voted against that particular motion.
I am here to inform you that I shall be putting forward criminal allegations against those senators who obstruct Senator McKim's motion, as the persons who are co-perpetrating in the Crime Against Humanity of Enslavement of asylum-seekers.
Senator McKim's motion
Please also note that the ICC already had accepted my complaints against Commonwealth Government as a whole and subsequently ICC had opened a case file. However, the ICC had not yet made a promise to take any particular action, as you can see for yourself in the enclosed ICC's reply.
From my part, I am just a private citizen who working to support myself as a cleaner in Sydney. As such, I certainly have no political clout nor having any semblance of powers to stop the criminal conduct of Australian government. I am emphasizing here that, once such criminal allegation has been made at ICC, that's entirely out of my hand.
You Australian politicians have only yourselves to blame, in which the things coming to ahead in this way. There had been numerous appeals being made to you and the government by ordinary Australians as well as respective humanitarian organisations for evacuation; of which you â€“ politicians â€“ choose to ignore. With regards to evacuation of asylum-seekers, any decisions that you â€“ the elected representatives â€“ have made, you and you alone are entirely responsible. Whether you individually accepted or rejected that argument about the transpiring of criminal enslavement in offshore detentions have been entirely irrelevant; I shall be reporting any criminality based only on your own individual conduct.
In closing, I thank you for your time and hope that this information may prove useful to you.
Yours respectfully and sincerely,
(U Ne Oo)
1. Senator the Hon. George Brandis QC, Attorney-General, PO Box 6100, The Senate, Parliament House, CANBERRA ACT 2600
Letter Addressed To:
Hon. Tanya Plibersek MP
Deputy Opposition Leader
Australian Labour Party
150 Broadway, Chippendale NSW 2008