Sky News talks to Professor James Hathaway, Dean of Melbourne University Law School, about the Rudd government's stance on border protection. © Sky News
Regional approach to refugees carries responsibilities
Amnesty International is calling on the Australian and Indonesian governments to ensure that any bilateral approach to managing asylum seekers is carried out in line with international human rights standards.
On 10 October 2009, a boat carrying more than 250 Sri Lankan asylum seekers was intercepted by Indonesian authorities after a direct telephone request phone by the Australian Prime Minister, Kevin Rudd, to the Indonesian President, Susilo Bambang Yudhoyono.
Unlike Australia, Indonesia is not a signatory to the UN Convention on the Status of Refugees. This means that the group of intercepted asylum seekers will not be able to seek protection from the Indonesian Government, and will not be granted many of the rights that asylum seekers are entitled to under international law.
“Although the boat was in Indonesian waters, it appears that its passengers were on their way to Australia to claim asylum,” said Dr Graham Thom, Amnesty International Australia’s Refugee Coordinator.
“If the Australian Government is going to continue to make these direct requests, it needs to be sure that the Indonesian Government is willing and able to provide adequate protection and durable solutions for people found to be in need of protection.”
Amnesty International is gravely concerned that in actively requesting that Indonesian authorities intercept the boat before it reached Australian waters, the Rudd Government appears to be signalling that international obligations to protect those fleeing persecution and seeking asylum need not always be met.
In Indonesia, this group of asylum seekers, including a pregnant woman and several children, will be placed in immigration detention until they are processed by the UN Refugee Agency (UNHCR). Despite financial assistance from the Australian Government and the International Organisation for Migration, Indonesian detention centres are over-crowded and under-resourced.
Asylum seekers in Indonesia face arbitrary and indefinite detention until the UNHCR processes their claims. Amnesty International is concerned that the UNHCR has limited capacity in Indonesia and asylum seekers may be forced to spend extended periods in detention while waiting to apply for refugee status.
Asylum seekers whose claims are ultimately rejected by the UNHCR are returned to their country of origin, while successful applicants are registered as refugees and released into the Indonesian community.
Refugees in Indonesia do not have the right to work, send their children to school and have no recourse to a more permanent status. Their only hope of a durable solution is to be selected for resettlement to a third country through the UNHCR, a process that can take more than six years.
“In particular, Indonesia must not return people at risk of persecution in their country of origin. Additionally, refugees and asylum seekers must be granted access to the UNHCR and never be subjected to arbitrary detention,” said Dr Thom.
Amnesty International understands that population flows across the Asia Pacific region must be addressed through international cooperation and encourages the Rudd Government to work with its neighbours on this issue. However, the organisation maintains that human rights concerns must be acknowledged and prioritised in any regional cooperation.
UN statistics show that refugee numbers are increasing throughout the world. The Asia Pacific region will not be immune to this global trend, and Amnesty International urges all governments in the region to prioritise the human rights of asylum seekers and refugees when developing multilateral agreements to address increasing population flows.




Comments
Andrew J S | Posted on 26 October 2009, 01:24PM | Report comment
How is the Australian Govt. ignoring its responsibility by asking the Indonesian govt. to intercede? It appears that the Aust Govt is spreading the word that passage to Australia is not guaranteed by boat and that passage to indonesia may well be the real outcome, this may disrupt some of the people smuggling activities. People rescued in Indonesian waters or their search and rescue area should be processed within indonesia - rather than given an express journey to their destination of choice - which in this case is Australia.
I don’t think Indonesia would be too happy if Australian boats intercepted or encouraged boats through Indonesian territory en route to Australia - It would be seen as a violation of their sovereignty. At least the Australian Government is talking to Indonesia - communication is the first step towards co-operation and that is sorely needed to stop the smuggling which has the potential to hurt so many.
sselvaretnam2008 | Posted on 25 October 2009, 12:54PM | Report comment
AI,in my humble opinion, has yet to show the leadership on this issue as yet. Dr Thom, on behalf of AI, appears to have either side stepped or missed the central issue as to why the Australian govt. appears to is be abrogating its responsiblity under the Convention by getting the Indonesian govt to intercede although Indonesia is not a signatory.Hopefully AI will take a brave human rights focused position independent of party politics.
Helena | Posted on 24 October 2009, 06:24PM | Report comment
I feel for the Refugees and for the physical and Mental Health issues which affect them whilst seeking asylum or being held in detention just as Amnesty Australia does. BUT the kinds of conditions experienced by Australians in our very own “on-shore” ‘Insane Asylums’ i.e. the conditions experienced by those held in Australia’s Mental Health System ALSO warrant Amnesty Australia’s close attention and action. These people are ALSO treated abominabably, and contrary to their Human Rights as many enquiries (but little action) have shown. Amnesty Australia is doing nothing about this issue and your Organisation seem like hypoocrites when only campaigning for the good treatment of “Off-shore” Refugees while ignoring the conditions and treatment of those locked up and detained in our very own “on-shore” ‘Insane Asylums’ also known as Australia’s Psychiatric Hospitals.
Michael Wild | Posted on 18 October 2009, 02:24PM | Report comment
Amnesty has to stand up for these tragic victims no matter how unpopular. Of course we do. But I think we are missing a great opportunity. The root cause of this wave of boat people is the despicable behaviour of the Sri Lankan Government. And it no longer has the excuse of fighting a dangerous murderous enemy. Amnesty should get on the front foot and be screaming about this avoidable crisis. Even refugee hating racists would support dealing with the root cause and there’s no shortage of other countries getting unwanted Tamil refugees. It’s a rare opportunity for a win-win-win solution.
Eelapirian | Posted on 17 October 2009, 04:32PM | Report comment
These 250 Tamils as a result of 61 years Genocide of Tamils in Sri Lanka. Please save the Humanity. Tamils became refuge all over the world from North pole to South pole, east to west.., now over 300,000 in the concentration camps, rest in the open Prison.
Humanitarian Human | Posted on 17 October 2009, 12:19PM | Report comment
The world has been crying hoarse over the treatment of the Tamils by the SL government post war. Everyone in the world knows the gross HR violations committed on them and the trauma suffered by them. While the world (western in particular) unanimously has been castigating the government, now when the people themselves, victims of the SL’s HR abuses turn up at the doorstep of the world, the world shuts its door. The world has been complaining over lack of access to camps for its inability to help the suffering people. Atleast these people are not under the control of the SLA army anymore - they are at your doorstep. What does the world want to do? Shun them the same way the SL government has been doing to them? If no country in this world gives these people asylum and solace it is a clear reflection of the “extraordinary duplicity” of this world.
AI Australia, please request your government to take these people. They need some solace - they have lived a life of trauma.
Justin Morgan | Posted on 17 October 2009, 11:52AM | Report comment
Please start a petition
sselvaretnam2008 | Posted on 17 October 2009, 10:55AM | Report comment
AI should be more than “gravely concerned” with the Rudd Govt action to get the Indonesian govt to intercept the refugee boat. This action by Rudd may be interpreted as a back door action to remove itself from the respobility of signing on the UN Convention.
Having said that the real “war” should be against the people smugglers.
Andrew J S | Posted on 16 October 2009, 12:06PM | Report comment
How can the process of determining refugee status be sped up within Indonesia, and following that the resettlement to a country to start life all over? I can’t imagine how horrible it is for those waiting six years or more. Is there a way to help these people first? Finding an answer to this will surely gain popular support as it is the right thing to do - it also helps prevent the catchphrase ‘queue jumper’ which is creeping back into national debate. (since there is no such thing as a queue - perhaps addressing those who have been waiting the longest in Indonesia for resettlement will be seen the same as addressing those at the head of the queue, this at least should get public support and public support is imperative as the issue is getting hijacked by hardliners)
Susan Zivcec | Posted on 16 October 2009, 10:31AM | Report comment
Please start a petition.
C.B. | Posted on 15 October 2009, 08:16PM | Report comment
Is there a petition up that I could sign, to help let this government know how many people in Australia want a fair and compassionate response for the people in this boat, and for all refugees seeking entry to Australia?