On Friday, 18 January, the PNG Opposition leader, Belden Namah, launched a constitutional challenge to the Manus Island detention centre with documents lodged in the National Court of Justice in Port Moresby.
The challenge asks the court to declare that the Memorandum of Understanding between Australian and Papua New Guinea is unlawful on two grounds; (i) that it allows Australia to force asylum seekers to enter Papua New Guinea, and (ii) that it allows the PNG government to deprive those asylum seekers of their liberty as soon as they enter Papua New Guinea.
Most significantly in the short term is that the documents lodged by Mr Namah asks the court for an interlocutory injunction to immediately prevent any further transfers from Australia to Manus Island until the constitutional challenge is resolved.
“The challenge is a very welcome development. If the challenge succeeds it could see the Manus Island detention centre permanently closed, and prevent any further punitive camps being opened in PNG. It would be the end of one half of the Pacific Solution,” said Ian Rintoul, spokesperson for the Refugee Action Coalition.
“The situation on Manus is getting worse each day. Last night (Saturday), a 19 year-old Iranian asylum seeker attempted to suicide by both cutting his wrist and hanging himself. His present condition is unknown but it is believed that he has been transferred from the camp to the hospital. The 40 asylum seekers transferred to Manus Island a week ago remain on hunger strike.
“If the Australian government had any humanitarian conscience it would close both Nauru and Manus Island before the PNG court rules that it is illegal,” said Rintoul.
For further information contact Ian Rintoul 0417 275 713
