Success in turning away asylum seekers’ boats

Australia’s Operation Sovereign Borders, the policy of turning back the boats carrying asylum seekers has proven to be effective against people smuggling, at least, from the point of view of  Australia’s right-wing Coalition Government.

This explains why the government is unmoved by hunger strikes, self-harm, and suicide threats by detainees at the Manus Island Detention Centre in Papua New Guinea.

Human rights advocates have criticised the deplorable conditions of detainees. In Manus, two have been killed: Reza Berati, an Iranian, was murdered in February last year inside the facility, allegedly by members of staff who were supposedly keeping the detainees safe; and in September last year, Hamid Kehazaei, another Iranian,  died of a foot infection (septicaemia) due to apparent medical negligence.

Last week about 700 detainees launched another hunger strike drawing media attention worldwide. Desperate and hopeless, reports said they want to die. Some sewed their lips, ate razor blades, and attempted to hang themselves.

A detainee shows his lips in hunger strike. (Photo: Supplied)

A detainee shows his lips in hunger strike. (Photo: Supplied)

Abbott boasted the success of the operation 100 days after he took his oath of office despite criticisms from human rights advocates. His operation has also been causing strains on diplomatic relations with neighbouring Asian countries, including Indonesia, Malaysia, and India.

The Prime Minister claimed victory with his no-boat policy. He said he had stopped boat arrivals.

“We can say to all of the people who scoffed, we can say to all of the people who said it couldn’t be done … that it was just a simple slogan – that it can be done,” Abbott said.

The Liberal Party also posted on its Facebook page a statistic comparing the number of boat arrivals in 2013 before Abbott took office against 2014 figure after he took office.

coalition-policy

Labor MPs are now seeking to unwind the Abbott Government’s successful border protection strategies that are stopping the boats.

SHARE if you think Labor should learn from their mistakes on border security.

Liberal supporters making comments on the post said asylum seekers are economic refugees who paid people smugglers to bring them to Australia by boat. They accused asylum seekersof being parasites looking for dole outs from the government. One supporter commented:

Most people I see on here who oppose what the libs have done with border control need to get out in the real world! Most of these people are economic refuges looking for had outs from our goverment… Anybody that does not believe there are no sleeper terrorist among these people, I have some fairies in my garden I want to sell you.Well done Morrison these people have no idea the great job you have done!

Dumping Ground

The Coalition government  can only reiterate that Manus detention centre was inherited from the previous Labor government of Kevin Rudd and Julia Gillard.

Various dumping grounds have been considered since Abbott rose to power, including non-signatories to the UN Convention on Refugees, like Cambodia.

In early 2014,  Abbott struck a controversial $40m deal to resettle refugees in Cambodia. The deal was signed in September, but many of the details are still unknown or unclear. Under the deal, Australia pledged to provide refugees with settlement support for 12 months, including basic needs and daily subsistence, language and vocational training, education in local schools, and health services.

(READ MORE: The wrong kind of refugee: Australia exports its problems to Cambodia)

Critics lambast the deal, including human rights groups in Cambodia, who argue the country is poorly suited to accept and support refugees. For one thing, Cambodia remains one of the world’s most corrupt nations (156th on the Transparency International list of 175 countries) and has, according to Human Rights Watch, “a terrible record for protecting refugees and is mired in serious human rights abuses”.

India has also been considered as a dumping ground – causing uproar from “a proud and sometimes unruly democracy of 1 billion people, which is unlikely to appreciate being used as Australia’s people-dumping ground.”

A retired senior Indian intelligence official said, “We have tens of thousands of Tibetan, Myanmarese, Sri Lankan refugees and many millions of Bangladeshis, possibly an Australia in terms of numbers.”  A foreign policy expert and director of the Takshashila Institution in Bangalore also commented that Australia’s legalistic argument about a migration exclusion zone “does not befit a liberal democracy” and that he is “sympathetic to Australia’s need to prevent illegal immigration but this is a moral and legal sleight of hand.”

At least 558,600 individual asylum applications were registered in 172 countries or territories during the first half of 2014, some 18 per cent more than during the same period in 2013 (456,000). (Image:HCR)

At least 558,600 individual asylum applications were registered in 172 countries or territories during the first half of 2014, some 18 per cent more than during the same period in 2013 (456,000). (Image:UNHCR)

Barrister Julian Burnside wrote in the ABC Drum:

There is not much doubt that our treatment of asylum seekers in Manus constitutes a crime against humanity. This is a matter of legal analysis, not political rhetoric. The hard facts about the horrific conditions on Manus Island that I’ve outlined above may not be enough to shock us, but the one thing that really might shock us is to see Abbott, (Tony) Morrison and (Peter) Dutton prosecuted in the International Criminal Court for those crimes. That’s a pro bono case I would gladly prosecute.

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Gillard fights offshore, onshore human smuggling

As of this writing, Prime Minister Julia Gillard has negotiated a deal with New Zealand for the intake of 150 asylum seekers a year from Australia. This is insane. The Gillard Government cannot face its responsibility and passing it on to third parties, including Malaysia, Indonesia, Nauru, Manus, and now New Zealand. Why not simply revoke the commitment made to the 1951 UN Convention on Refugees and admit Australia does not want to take them?The Green Journo reiterates that neither Pacific Solution Mark 2 nor Kiwi Deal can stop human smuggling.

Reposting yesterday’s blog entry:

Prime Minister Julia Gillard will stand by the advice of the Expert Panel on Asylum Seekers to enforce Pacific Solution Mark 2 as a way to deter people smuggling.

The solution, which took effect in September last year, sends a clear message to people who are arriving by boat: No advantage. They will to be locked up in the tent city of  Nauru or Manus in the Pacific.

Boat people are assigned to live in these tents in Manus or Nauru. (Photo: DIAC)

ABC’s Lateline on Tuesday aired a testimony of Marriane Evers on the deplorable conditions endured by asylum seekers in Manus. Evers is a trained counsellor and a veteran nurse with more than 40 years experience. She signed up to work in Manus but quitted on the third week.

Nauru is like a concentration camp, she said, except that the Australian Government has not exterminated the detainees. The asylum seekers instead resort to self-harm, while others have turned suicidal.

New Matilda also published open letters of asylum seekers in Manus providing minute details of their harrowing experiences.

Human rights activists stage a rally at the DIAC building in Melbourne. (Photo: R. Yoon/ The Green Journo)

Human rights activists took the streets in October-November following a prolonged hunger strike of detainees in Nauru. Several groups staged protests nationwide to lambast the return of Pacific Solution Mark 2, which violates human rights. This also underscores Australia’s inability to meet its obligation under the 1951 UN Convention on Refugees.

Australian Parliament admits the number of unauthorized people arriving by boat is small compared to the numbers arriving in other parts of the world, like the USA, Canada and Europe.

The Refugee Action Coalition Sydney said:

It would take 20 years to fill the MCG with the number of refugees who come to Australia. The United Nations Refugee Agency, the UNHCR, estimates that there were 10.4 million refugees worldwide at the start of 2011. In 2010–2011, Australia’s refugee intake was just 13,799 people, less than 0.14%. Australia was one of the only countries in the world to have fewer refugee claims in the first half of 2011. In those six months alone, the USA received 36,400 applications for asylum; France 26,100 and Germany 20,100.

The Coalition added most new migrants in Australia are not refugees. Latest statistics available shows that boat arrivals constituted less than two percent of Australia’s total migration program and much less than one percent of the increase to the Australian population by birth and migration in a given year.

The Government turns frantic every time a boat is spotted heading towards Christmas Island. It accuses asylum seekers who arrive by boat of being queue jumpers, an accusation that human rights organisations reject.

Can Pacific Solution Mark 2 effectively deter human smuggling?

The answer is no. While the Gillard Government has given much attention to offshore smugglers, it misses the large-scale operation of onshore smugglers who are bringing more people into Australia.

Onshore human smugglers are underground intermediaries who are luring people offshore to come to Australia– with promises of jobs, better education, and excellent living conditions, among other promises of a “dream destination.”

These intermediaries are linked to a complex chain of networks such as those arranging sham marriages, forged English-language exams, bogus courses, and other immigration rackets. The DIAC have found these are often involved in various frauds such as taxation and welfare, breaches of industrial, health and safety laws and other unlawful conduct.

Student visas are reported to be the most common form of visa and it is being exploited to smuggle people into Australia via a network of unscrupulous migration and education agents, landlords and employers. Students are promised to get a visa as a launching pad to get into Australia.

The Australian interviewed Tony Pollock, the chief executive of IDP Education Australia, the main recruiter for Australia’s $16 billion industry in foreign students. Pollock described the operation as a “chain of exploitation” which “could be construed as people-smuggling.”

The Herald Sun reported hundred of international students are buying the right to live in Australia by paying criminals for fake work references in a racket worth millions.

The massive scam, based in Melbourne and involving local restaurant and small business owners, has been described by officials as “an organised and lucrative criminal enterprise

In August last year, the Department of Immigration and Citizenship (DIAC) announced the Migration Amendment (Reform of Employer Sanctions) Bill 2012 which sets out the penalties for employers hiring illegal workers. This amendment bill opened a can of worms exposing the extent of onshore people smuggling. The number of illegal migrants could now be over 100,000.

Stephen Howell who led the review of the bill suggests that non-citizens working in Australia has been growing since 1998. These people do not have permission to stay and work and their presence is very often organised by intermediaries who exploit their legal status.

As part of the strategy to encourage compliance, DIAC has planned to ramp up an awareness campaign and help employers to gain access to information about prospective employees’ visa work status.

Is DIAC ready to launch a crackdown after announcing the bill?

Eye witnesses to a big-time smuggling operation, who requested anonymity, said DIAC is not interested in doing a crackdown. Underground operations in the suburbs of Sydney and Melbourne, for example, appear to be insignificant. These agents ran immigration-related businesses, including an English-testing system to bridge the requirements in fixing illegal statuses of migrants and their families.

While people who arrived by boat languish to death in the Pacific islands, people who made it onshore en route the aid of well-connected agents continue to multiply and flourish– degrading the integrity of Australia’s immigration system.

Activism against offshore processing at the DIAC, Melbourne. (Photo: R. Yoon/The Green Journo)

Demonstration at the DIAC building Melbourne. (Photo: R. Yoon/The Green Journo)

Asylum experts advise return to ‘Pacific Solution’

Australian Prime Minister Julia Gillard beamed when she met the Press in Canberra looking as if she is out of the asylum conundrum. The Expert Panel on Asylum Seekers, which her Government appointed prior to Parliamentary break in June 28, released a Report early today outlining 22 Recommendations on how to deal with people arriving by boat non-stop.

Australian Prime Minister Julia Gillard and Immigration Minister Chris Bowen meet the press in Canberra. (Photo: AAP/Alan Porritt)

The Report is a rehash of earlier solutions, among other things. Spectators even call it “mixed nuts.”  Topping the list is the restoration of a policy espoused by former Prime Minister John Howard: offshore processing of asylum seekers in Nauru and Manus Island in Papua New Guinea.

Notoriously known as the Pacific Solution, it was scrapped in 2008 due to reported human rights’ abuses. The Australian Human Rights Commission has disagreed with offshore processing as it may revisit a terrifying history:

….the Government’s announcement about Manus Island may herald a return to the so-called ‘Pacific Solution’, a policy that was extremely expensive to administer, caused significant hardship and mental harm, and greatly damaged Australia’s international reputation as a responsible humanitarian nation.

“When the Manus Island detention centre was operating between 2001 and 2004 under the former government’s ‘Pacific Solution’ some people detained there suffered serious mental harm because of their prolonged and indefinite detention and the uncertainty about what would happen to them”

Gillard introduced the Malaysian swap deal when she rose to power in 2010 and was approved in July 2011.

Children are among the survivors in the risky voyage of ayslum seekers to Australia. (Photo: Daniel Wilkins)

The Malaysia Solution proposes the dispatch of 800 unregistered boat people from Australia to Malaysia in exchange for 4,000 genuine refugees from Malaysia within four years. The asylum seekers will then live in limbo in detention centres while waiting for a change of status–  as certified refugees.

The Panel’s advise to restore Nauru and Manus Island does not disappoint Gillard as it also upheld her Malaysian Solution. The Panel also recommended to take more refugees under the nation’s Humanitarian Program. This includes an increase of the current  refugee intake from 13,000 to 20,000 per annum; and in five years this number could leap to 27,000. See Recommendation 2 & 5.

The Prime Minister backs the recommendations: Nauru, Manus Island in PNG, and Malaysia while seeking for other third parties in the region, including Indonesia where boat smuggling is rampant.

The Panel advised the importance of building a stronger biateral relations with Indonesia and particularly in relation to an increased resettlement places allocation. The Panel believes both countries can enhance joint surveillance, response patrols, law enforcement, and search and rescue coordination. Changes to Australian law in relation to Indonesian minors and others crewing unlawful boat voyages from Indonesia to Australia are also recommended. Read the Panel’s Full Report.

While Gillard is happy with the Panel, the Report ignored recommendations from the AHRC submitted on 12 July 2012.

The AHRC suggested ways how to stop asylum seekers from risking their lives at sea, along with a list of preventions are Australia’s international obligations on refugees and asylum seekers, among other things.

“Boat people” hold on dear life as they are shipwrecked off the coast of Christmas Island. (Photo: News Ltd)

The Commission has argued sending asylum seekers to Nauru and Papua New Guinea “may not be a humane, viable alternative to an arrangement with Malaysia. “  It said  that although both countries are signatories to the Convention Relating to the Status of Refugees 1951 and Protocol Relating to the Status of Refugees 1967 (the Refugee Convention), Nauru is a newcomer. “

It has only been a party to the Convention as of June 2011 and has not had an opportunity to demonstrate the extent to which it can comply with the international obligations under the treaty. Papua New Guinea has posed numerous reservations to the Convention which specify that it does not intend to comply with many of the obligations that it contains.

The Commission strongly recommends against a revival of former arrangements involving transfer of asylum seekers to third countries as occurred under the “Pacific Solution‟.

Malaysian High Commissioner Dato Salman Ahmad

Meanwhile, Malaysian High Commissioner Salman Ahmad expressed  his disappointment over Australia’s misrepresentation of Malaysia.

He admitted Malaysia is not a signatory to the United Nations’ human rights protocols and conventions on refugees; however, it does not necessarily mean Malaysia is not helpful in dealing with the issues of asylum seekers.

In a letter accessed by the ABC signed by the Commissioner addressed to Senator Mark Furner of Queensland dated 6 August, he said Malaysia has been instrumental in helping to resettle refugees and asylum seekers. It is, therefore, unfair for the Australian Parliament and other organisations vilifying Malaysia as immune to human rights.

The Commissioner admitted the complexity involved in dealing with boat people issues while Malaysia itself struggles in dealing with thousands of illegal aliens.

Blog Link: Asian Correspondent

Alternatives to the Ill-fated Malaysian Solution

Holidays rush in and with the latest boat people tragedy, the government is re-thinking what went wrong. The ruling party is coming to the roundtable to consider the alternatives. News Limited has this illustrated summary:

And here’s the link to the Care Factor: Missing the boat of an ssylum seeker solution. The Journo will endeavour to review the report.

Prosecute people smugglers, but how?

Shipwrecks will not deter refugees or asylum seekers to take the boat off to Australia- the metaphorical Utopia or Promise Land where people can play cricket or surf the net all day.

About 200 people or more from Arab countries, are feared dead at sea 200 km off Java Island of Indonesia when the overloaded boat they boarded sunk on Saturday. Only three dozens of survivors are so far accounted for, but do not rely on numbers which government statisticians can easily tweak. These people are reportedly come from Dubai and flew into Jakarta to be transported to Australia by boat.

A survivor wails after being rescued

Depending on which media you are reading, each Arab paid $500 each to Indonesian airport authorities and $6,000 each to board an Australian-bound boat. The Sydney Morning Herald’s Editorial wonders if the Indonesian authorities did not notice these Arab-looking people entering Jakarta without valid visas. Then all these desperate people queued on a port where they took the boat with a capacity of 100– there were 200 passengers.

The ABC reports that this latest tragedy costs over $600,000, a hefty amount which went into the pockets of people smugglers.

The boat captain and crew members are said to be safe. Before the boat sank, they grabbed their life vests and swam away.

Australian media say this exemplifies another well-organised people smuggling stirring further debates on Australia’s immigration policies.

This latest tragedy also coincides with the first death anniversary of about 50 asylum seekers who were shipwrecked on the stormy waters off Australia’s Christmas Island. Two weeks ago, another boat tragedy took place nearby.

A statistics from the Australian Parliament House shows that this year, 28 boats carrying 1675 people have been intercepted on Australian waters (as of June)– a sifnificant decrease from 124 boats loading 6879 people in 2010.

Earlier this year, the Julia Gillard Government approved the so-called Malaysian Solution, a policy to process asylum seekers offshore in exchange for the intake of genuine refugees. Gillard pinned hopes that this solution will stop people smuggling. The latest tragedy, however, proves she is wrong.

Other survivors receive treatment at a temporary shlter in Indonesia (Photo AFP Getty)

Time and again, boat tragedies tell stories of lost lives and broken dreams. News Limited reports an account of a survivor: 

Esmat Adine, 24, a Hazara refugee from Afghanistan said he “tried to find a suitable and legal way” but after being told he wouldn’t be eligible for a student visa to Deakin University until 2013 – and fearing for his life – he fled to Jakarta.

“I was arrested by the Taliban last year and imprisoned for 16 days where they beat me and made me sleep on a dead body,” he said.

“I registered with UNHCR in Jakarta who said it could take one year but I have a wife and three-month-old daughter at home and this is the quickest way.

“We had to go so we decided to go the quickest way. There are many, many people. They are waiting in Jakarta, waiting for the boat. Most of them, they are sure they will get to Australia.

Refugees and asylum seekers have nothing to lose and nowhere to go to. Adine was quoted further by News Ltd as saying, “If Australia does not accept our request now, we will do (it) again because we have nothing.”

If the inter-governmental solutions are not workable, can’t the governments arrest and prosecute human smugglers? They should, but how?

News Link: Asian Correspondent