In recent years, a few thousand desperate people in the Asia Pacific region have embarked on dangerous boat voyages to seek safety in Australia. This situation is far from ideal, and Amnesty International would support any proposal that genuinely tackled the reason for these journeys, that is, a lack of safe alternatives for refugees and asylum seekers in the Asia Pacific region.

Unfortunately, instead of addressing the core reasons why people get on boats in the first place, both major parties in Australia have declared that they would return to the policy of extra-territorial processing - sending asylum seekers who arrive by boat in Australia to another country (see our briefing paper (pdf 65kb) for more information on extra-territorial processing).

Amnesty International has expressed its grave concerns about extra-territorial processing to both the Prime Minister (pdf 60kb) and the opposition leader (pdf 66kb). However, neither party has adequately explained how it would implement its policy in order to avoid some of the serious human rights abuses that occurred under the previous "Pacific Solution".

Amnesty International strongly believes that extra-territorial processing is not only inherently unlawful and in breach of the UN Refugee Convention, but also completely antithetical to achieving genuine, humane solutions for asylum seekers and refugees in the Asia Pacific region.

It is important to remember that Australia is one of the few countries in this region to have signed the Refugee Convention. This means we have voluntarily agreed to be bound under international law to protect people fleeing persecution and to treat all those seeking asylum equally.

It is also important to remember that nearly all of those arriving by boat are found to be refugees fleeing war, terror and violence. Locking these vulnerable people up on a distant island is both cruel and unnecessary.

Seeking asylum by boat is not "illegal". In fact, it is a right guaranteed under Australian and international law. It is neither requisite nor fair to punish people who are simply trying to save their families.

It is particularly difficult for Australia to justify such a heavy handed approach to boat arrivals, given the numbers of asylum seekers who arrive by boat each year are not only very small when compared with Australia’s annual migration intake, but tiny compared with the numbers of refugees and asylum seekers around the world.

The complete lack of justification for this policy becomes even more problematic when the terrible consequences of extra-territorial processing are considered. Australia’s previous regime of extra-territorial processing, the ‘Pacific Solution’, was repeatedly condemned by Amnesty International. This policy seriously harmed already traumatised individuals, added to the shrinking protection space for refugees in the Asia Pacific region, and undermined the international refugee system more broadly.

Human rights abuse

The Pacific Solution showed that transferring asylum seekers from Australia to Nauru, East Timor or any other country will likely result in significant human rights abuses. Under this system, asylum seekers were locked up for years, away from lawyers, media, human rights advocates and community support. They were often not given proper information about what was happening and what rights they had. There was a severe lack of accountability, transparency and proper oversight. Detention conditions were sub-standard and severely criticised by the UNHCR, which stated the system "resulted in prolonged detention-like situations of asylum-seekers and refugees alike, as well as extended separation of families. This practice is also known to have contributed to serious mental health problems."

Regional damage

Not only does extra-territorial processing lead to direct human rights abuses, but it damages initiatives designed to encourage other countries in the region to offer greater protection to refugees. After all, if Australia as a wealthy and stable country that receives a comparatively small number of asylum seekers decreases its protection space, why should its poorer neighbours increase theirs? This policy would undermine the right to seek asylum, and encourage other countries to follow suit.

International law

Sending Australia’s small number of boat arrivals to a third country would contravene international law. Extra-territorial processing contravenes the intent and purpose of the right to seek asylum set out in the Universal Declaration of Human Rights, and the protection regime established by the UN Refugee Convention. Under the Pacific Solution, other international treaties were also breached including the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and the UN Convention on the Rights of the Child.

A genuine solution?

It is clear that instead of providing a solution, reintroducing extra-territorial processing would simply cause further problems.

A genuine solution would deal with the reasons why people flee their countries in the first place. It would focus on addressing the terrible situations in countries like Afghanistan and Burma.

A genuine solution must look at why people are forced to make successive onward journeys to seek safety. It would take steps to assist countries of first asylum like Malaysia, Pakistan and Thailand to create greater protection space for asylum seekers and refugees.

A genuine solution would strengthen the international protection system. It would work with the UNHCR and other countries in the region to increase respect and adherence to international human rights laws and norms.

Australia is in an enviable position to contribute meaningfully to these solutions. This country is wealthy, stable and has a proud history of helping refugees to rebuild their lives. Amnesty International urges the Australian Government to remember the lessons learnt during the disaster of the Pacific Solution and not to make the mistake of extra-territorial processing again.