Blog Archives

A Mandatory Minimum Prison Sentence and Other Asylum Seeker Policies

Asylum seekers and refugees are never far from the headlines. Indeed from time to time stories involving them are among the most prominent in the news cycle. In recent times, boat arrivals of people seeking asylum have been more than weekly. The debate about what to do about the perilous journey, from Indonesia, Malaysia and Sri Lanka has been up there with the most politicised and most discussed issues of this 43rd parliament.

We have a new policy, a return to most aspects of the Pacific Solution that the Gillard Government continues to work towards implementing. This calls for offshore processing on Nauru and Manus Island as happened under the Howard Government.

The Gillard Government has or is working toward implementing all of the recommendations of the expert panel on asylum seekers which was chaired by former Chief of the Australian Defence Force, Angus Houston. However, the Coalition want more.

The Opposition, through leader Tony Abbott and Shadow Minister for Immigration Scott Morrison have continued to call for the reintroduction of Temporary Protection Visas  (TPV’s). The Coalition have also called for a return to that policy that Indonesia do not like and will never allow to happen- turning back asylum seeker boats toward Indonesia.

In the case of TPV’s, the Labor Party, as part of the recommendations from the Houston panel are, in effect, implementing an iteration of the Howard Government measure which will cut out family reunion.

But of course, and rightly so, the ALP Government is against turning back the boats This is the case, one, because the ADF sees it as no longer feasible or safe and two, because Indonesia would voice their anger and discontent at our contempt for our regional neighbour.

But it is the evolution of the asylum seeker policy of the Tony Abbott led Opposition, apart from the already announced measures, that will add to the poor treatment of people seeking asylum in Australia who arrive by boat.

Last Friday the Opposition Leader announced an effective minimum prison sentence for the “offence” of seeking asylum, seeking refuge from the fear of, or from actual persecution. The no advantage test, part too of the recommendations of the expert panel, has so far not had a time in offshore detention applied to it. But Tony Abbott and the Liberal Party think it should be no less than 5 years. In the legal fraternity this would be termed a mandatory minimum sentencing provision.

Of course, since mandatory detention was introduced in the early 1990’s, we have had what amounts to a term in prison. At first, a time limit of less than a year was implemented by the Keating Government, but that was removed in favour of an indefinite stay. In effect, the indefinite nature of asylum detention will continue under a Liberal Government with a 5 year minimum stay. The time served would almost certainly be longer.

In further worrying comments, the Opposition also appeared to question the efficacy of a regional solution, saying that too much time was spent on discussing the problem in the region and not enough on tough deterrence measures.

Also of concern in the comments made at the end of last week was what appeared to be utter contempt for the work of the UNHCR, the United Nations’ asylum seeker and refugee organisation. Australia has long appeared to feel this way towards the UN about asylum seekers and refugees. However, that would seemingly accelerate under an Abbott Government.

The Coalition is obviously moving towards an aim of being the most punitive in Australia’s history toward asylum seekers and refugees. At the moment that is just rhetoric, but there is a strong chance that the strong words will become punishing deeds in government, also a strong possibility.

Far from just showing a desire to put forward the strictest regime for asylum seekers, the Abbott-led Opposition appear hell-bent on isolating Australia further from the way the region and the international community should deal with the asylum seeker question.

All this punishment and pain for what gain? Seeking asylum is not a crime, thought it appears there is a wish that it was. Either way, asylum seekers are going to be locked away for at least 5 years under a Coalition Government.

Attention UNHCR: Not Just Australia That Needs to Do More on Refugees

This morning the United Nations High Commission for Refugees (UNHCR) put out a statement calling on Australia particularly, as well as the international community to assist more in providing humanitarian assistance options to help stop asylum seekers taking “dangerous and exploitative boat journeys”.

The UNHCR, tasked with overseeing the provisions of the United Nations Convention on Refugees made these comments in response to the terrible tragedy overnight where an asylum seeker vessel capsized en route to Australia, with 3 confirmed dead, 110 rescued and approximately 9o people still missing.

This most recent tragedy again emphasises the need, like the refugee agency points out, for countries like Australia to do more and in some cases, at least something to cut down on the need for these desperate people to make the seriously dangerous journey in craft often not much more seaworthy than a large esky.

It is important to recognise that the refugee situation begins long before people reach Australia and while we can and should do more, we cannot be expected to take all of the burden, particularly after refugees who seek asylum by boat have made their journey often through and past other nations before arriving in Australia.

But this is only part of the story and but a part of the solution needed in an attempt to stop asylum seekers from risking their lives trying to find a better, safer life in places like Australia.

The High Commission for Refugees is itself part of the problem with processing though admittedly difficult, in many cases actually being very slow and leading to many refugees being stuck in limbo, whether that be in refugee camps dotted around the world in conflict zones or stuck in limbo in other ways.

The UNHCR do need more resources and time deployed in major conflict zones and countries facing humanitarian crises, but this is only the first step, however it is an undeniable aspect of the refugee situation that cannot be ignored.

It is also true the asylum seeker/refugee conundrum of refugees in camps within and near countries in turmoil is not just down to the slow action of the UNHCR in processing refugee claims.

Countries around the world that have signed the Refugee Convention are obviously too dragging the chain with absorbing the number of refugees currently awaiting relocation and asylum seekers that wish to seek protection in another country. This could be down to many reasons and the cost burdens particularly after the effects of the Global Financial Crisis and the continuing Euro crisis are factors that cannot be denied in the current debate over refugee relocation as far as some nations go.

This does not excuse the chain dragging prior to the financial events that have negatively impacted on economies around the world. There are obviously issues that have meant that prior to the financial events that have devastated countries around the world that as a result countries have not taken up the massive amounts of refugees around the world.

The scale of the refugee problem is massive and borders on the unsolvable at the very least at a political level with, as of 2010 a total of 43.3 million people worldwide who were either identified as refugees, internally displaced people (IDP’s), asylum seekers, returnees or stateless people.

No one government, no series of governments, no agencies, organisations, no one person or people will be able to guarantee that in the future nobody will get onto boats in desperation and head to various countries in the world. That is the sad reality. The potentially deadly situation can only be minimised.

The first part of any reduction to the refugee  problem is that the remaining 50 odd nation states not signatory to the convention should be persuaded to sign on the dotted line, though some of these nations are where the asylum seeker situation begins and others are middle destinations where asylum seekers and genuine refugees can languish for years before making the journey to places like Australia.

Obviously another response to the issue is for nations around the world that are signatories to the convention, but not to the protocol to sign that and enshrine it in their respective domestic law and then make appropriate arrangements in accordance with those provisions too.

Obviously too, many nations could and should increase their intake of refugees and seek to undertake with the UNHCR to help with the massive processing task which stymies the refugee process from the outset and leaves many in desperation within their own countries or in other nations in their region.

These last two points need to include, in particular Malaysia and Indonesia signing and adopting the Refugee Convention provisions and the protocol into their own law because these two nations are often the final stopping point and often the destinations from which asylum seeker vessels embark on the perilous journey towards Australia.

Other countries in our region that are signatories to the Refugee Convention and its protocol must also increase their share of the processing of asylum seekers and refugees and we must continue to work harder under the Bali Process as a region to deal with the movement of people who have found themselves in dire circumstances.

Another ingredient in the global recipe to cut down on the deaths of asylum seekers is for nations to truly tackle people smuggling. But this alas is made all the more complicated by the immense coastlines of the nations from where refugees come to Australia. It is also made difficult because of levels of police corruption  and complicity in the criminal act which have been found to exist in the region when it comes to the asylum seeker trade plied by these individuals and groups.

The final part of the puzzle is that Australia must increase our intake of refugees, at least by a similar extent to the increase we would have taken in under the so-called ‘Malaysian Solution’. This simply has to be seen as a reality if we really view people drowning at sea as a problem and we should.

The problem is not just an Australian one and becomes a bigger situation for Australia to deal with once refugees and asylum seekers reach our region and that needs to be recognised by other nations and the UNHCR before implying Australia above others particularly in our region needs to bear responsibility for stopping people getting on boats and coming here. Other nations in our region simply go close to ignoring the asylum seeker plight and the people smuggling that comes with it altogether.

Sadly, the scale of the task that is dealing with refugees in a fast, efficient and orderly way is astronomical and the process time consuming with the sheer numbers already seemingly well beyond reach of being able to deal with. However, we have to as a nation, a region and as an international community all try to minimise the risks of asylum seekers dying at sea.

%d bloggers like this: