UN raises concern over Australia’s new asylum lawBy Rowena Dela Rosa Yoon Aug 18, 2012 10:15AM UTC
Following Australian Parliament’s passage of a bill to process asylum seekers offshore, the Office of the United Nations High Commissioner for Refugees (UNHCR) held a press briefing in Geneva saying the new policy raises complex legal, protection, policy and operational issues.
UNHCR Spokesperson Adrian Edwards welcomes Australia Expert Panel’s Report as it encourages regional cooperation which the UNHRC has long supported. However, the report also emphasises on “strong deterrent elements reflected in the re-establishment of offshore processing in the Pacific raise concerns and many questions.” The briefing said,
The Government’s decision, enabled by legislation passed by Parliament, to allow offshore processing is an exception to this general practice. We do not want to see a return to lengthy delays in remote island centres for asylum seekers and refugees before durable solutions are found. We are also concerned about the psychological impact for those individuals who would be affected.
Edwards concluded the briefing saying UNHRC will study the amendment for possible discussion with the Australian Government.
Increased boat arrivals and “deaths at sea” sent the Australian Parliament in panic and railroaded the amendment to the Migration Act that officially shuts its borders from people arriving by boat in a heated deliberation Thursday.
The re-invented law tells asylum seekers to go back to third parties in the Asia-pacific region without specific time frames for legal processing. The law is now waiting for a royal assent.
The Coalition Government strongly voted the bill, 44-9 defeating the Greens into smithereens. Senator Christine Milne admitted her “shame” as a parliamentarian. She claimed she has not been provided with the details of the bill while the Government rushed its passage, SBS reported.
The public broadcaster also noted Opposition Leader Tony Abbott cheered to the new law and commended the asylum Panel the Government has appointed in June. The Panel highly endorsed the return of the landmark policy of the former Prime Minister John Howard to detain boat people in Nauru and Papua New Guinea.
The Australian Parliament House has compiled statistics on the number of boat people seeking for asylum in Australia since 1976, year-by-year. It shows that the John Howard’s Pacific Solution has deterred boat arrivals in 2002-2008. But when the policy ended 2008 by Howard’s successor Kevin Rudd, massive influx of boats resumed and has dramatically increased from that time on. Latest figure during 2011-2012 shows that 7983 people have arrived in 110 boats.
The massive boat arrivals in recent months alarmed the Government. Members of the Parliament have gone through lengthy and tedious deliberations in both Upper and Lower Houses to enact amendments to the Migration Act.
Following release of the asylum Panel’s 22 Recommendation on Monday, however, new boats carrying an estimated number of 200 boat people, more or less, have arrived.
The Government has already dispatched a team to Manus Island in PNG to assess the details and magnitude of reconstruction works at detention centres. It is the same detention site used during the Howard’s Pacific Solution.
The Australian Government has recognised the magnitude of these global trends noting that the numbers of people seeking asylum in Australia are small compared to those seeking asylum in Europe and other parts of the world.
In the US, for example, it is estimated that more than 500 000 ‘illegal aliens’ arrive each year. Similarly, parts of Europe struggle to monitor and control the large influxes from Africa and the Middle East each year. In comparison, in 2010 134 boats arrived unauthorised in Australia with a total of about 6879 people on board (including crew). Though considerably more than the 7 boat arrivals in 2008 with 179 people on board, in comparison with Europe and the US this is still a small number.
The APH notes that although Australians in the past offered sympathy to displaced people, the rampant arrivals has now become a matter of concern – including border protection, rising unemployment, and selection of people who would become a member of society, among other issues.
The Department of Immigration and Citizenship has also launched a campaign to discourage people arriving by boats. It drumbeats a punch line: “No to People Smuggling.”
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Human rights advocates react with disdain at the reincarnated Pacific Solution.
Dr Graham Thom, Amnesty International’s refugee spokesperson, said the Gillard-Abbott policy delineates Australia’s lack of moral obligation by sacrificing protection in favour of deterrence and punishment.
“If we outsource our international obligations in such a flagrant manner, where refugees are left to languish indefinitely – we send the dangerous message to the region that refugee protection is expendable and avoidable…”
The AIA also submitted proposals for consideration to the Panel, but said it is appalled with the Report.
In response to the offshore processing, AIA came up with an impassioned campaign against the so-called window dressing. The group said the Abbott-Gillard’s claim of “saving lives” is just a political spin.
Howard’s Pacific Solution was condemned and dismantled for a reason – it destroyed the mental health of some of the world’s most vulnerable people; leading to self-harm and suicide. It was estimated to cost taxpayers over $1 billion. It broke international law. And it even failed to “stop the boats….There is no way to dress it up. Warehousing desperate asylum seekers on tiny, impoverished islands with no adequate protection is unacceptable….Join us in telling Abbott and Gillard: your refugee policy does not represent me.
Migration Act stripped of human rights protections
President Gillian Triggs of the Australian Human Rights Commission acknowledged the efforts of the Expert Panel on Asylum Seekers to respond to the tragic loss of life at sea. She also welcomed the recommendation to encourage regional cooperation to help Australia in resettling refugees.
However, she admits her concern on the Parliament’s act of fast-tracking the amendments giving the High Court no opportunity to review whether the processing will be conducted according to human rights standards. She said it is alarming to note the amendment to the Migration ACT violates human rights protection and non-adherence of Australia to its international obligation.
She noted the principle of “no advantage” which could mean stripping asylum seekers of any protection while they await their fate in third countries. In addition, the new policy does not guarantee the protection of unaccompanied children.
“Australia must also be satisfied that each person transferred will have access to an effective refugee status assessment procedure and won’t be returned to a country where their life or freedom is at risk. These are core obligations under international law and should be respected,” she said.
Relevant links to Australian policies on asylum seekers and refugees: