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)

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Lower House passes offshore asylum processing

Risky arrivals of boat people are non-stop–usually with a tragic end. (Photo: AAP)

Human smuggling is unstoppable. Two incidents of capsized vessels near the Christmas Island are reported this week. Rescue operations have been dispatched to look for survivors.

It has became all-too-ordinary when people are crammed into a boat and sail on treacherous waters with high hopes of reaching Australia— then the boat sinks before it reaches the northern shores.

The Parliament convened this afternoon and grappled with a long-awaited solution. The Lower House finally passed a bill to allow the offshore processing of asylum seekers, a move the Julia Gillard’s Labor Party has been pushing for.

Authored by Independent Rob Oakeshott, the legislation passed 74 votes to 72 following a heated and emotional debate that lasted for almost six hours. Even crossbenchers are reported to have sided with the Government.

Independent MPs Andrew Wilkie, Rob Oakeshott, and Tony Windsor listen during the bill deliberation. (Photo: Alex Allinghausen)

Gillard said a law is needed for the border protection and to assure the legal certainly of offshore processing of asylum seekers.

She told the Parliament it would an act of destruction not to pass laws removing the legal uncertainty over offshore processing of asylum seekers.  ”We are on the verge of getting the laws we need….It would be tremendous act of destruction and tremendous denial of the national interest … to conduct yourself in a way which means there are no laws, ” the Age reported.

The bill is aimed at bridging the government’s proposed changes to the Migration Act to allow offshore processing in Malaysia against opposition demands for humanitarian safeguards.

It will allow an immigration minister to designate any nation as an ”offshore assessment country” as long as it was party to the Bali Process, which includes Malaysia.

The coalition had wanted to ensure refugees were only sent to countries which had signed the UN refugee convention, which would exclude Malaysia.

The Australian Greens, however, are not amenable with the proposed legislation. Media reports say they will block the bill in the Senate, and want all parties to take part in a committee to find a long-term solution that respects human rights.

Greens MP Adam Bandt said he would not support the bill ” [because] it rips up the Refugee Convention”.

The bill is now scheduled to face the Senate.

Blog Link: Asian Correspondent

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