200 asylum-seekers missing after boat sinks on way to Australia

A wooden fishing boat carrying about 250 asylum seekers from Iran, Afghanistan, Iraq and Turkey, that was believed to be heading for Australia sunk 90km (55 miles) off the coast of Indonesia on Saturday.

The boat turned over, broke apart and sank in bad weather and huge waves of up to 5 metres in height off Indonesia’s main island of Java.

Indonesian officials say that only 33 people (30 men, one woman and two children) have been saved. More than 200 asylum-seekers are still missing and thought to be dead.

Lieutenant Alwi Mudzakir a maritime police official heading the search said bad weather and large waves are challenging the rescue operation "We fear that a large number of victims will not be rescued."

Indonesian police blame the accident on people smugglers because they put too many passengers on a boat that was built to only carry 100 people or less.

Survivors said that they and the other passengers came from Iran and Afghanistan, and had each paid smugglers between $2,500 and $5,000 to get on a boat and seek a new life in Australia.

 "According to them, they had flown from Dubai to Jakarta and took buses to an unidentified location in Java to board the boat. They said they were heading to Christmas Island," Mr Purwanto said.

While most estimate that 250 asylum-seekers were on board, some reports say there were 380 asylum-seekers on the boat.

One survivor from Afghanistan, 24-year-old Esmat Adine, gave rescuers an estimate of how many passengers were on the boat.

"He did not know exactly how many passengers there were, but he said that four buses with around 60 or more adult passenger each had turned up to the port where the boat set off from," a translator for Mr. Adine said.

Mr. Esmat Adine told the Antara news agency that during the bad weather the ship had started rocking violently from side to side, triggering panic among the tightly packed passengers.

"That made the boat even more unstable and eventually it sank,” he said.

Mr. Adine added that he and others clung to parts of the broken boat until local fishermen rescued them. He estimated that more than 40 children were on the boat.

Indonesia has more than 18,000 islands and thousands of miles of unpatrolled coastline, making it a key transit point for smuggling migrants.

Australian Government officials have warned asylum-seekers and refugees against attempting to go to Australia by boat because it is so dangerous. 

Last month, a ship carrying about 70 asylum seekers from Afghanistan, Iran and Pakistan capsized in the same area off the southern coast of Central Java province, and at least eight people died.

Australia’s new Home Affairs Minister Mr. Jason Clare blamed people smugglers for the tragedy.

"They're in the business of making money and they don't care if it kills people or not," he said.

December is one of the most dangerous months to attempt a sea crossing to Australia.

The dangerous monsoon season begins December 1 and this tragedy has come just over a year since the Christmas Island boat crash which killed dozens.

Australian and Malaysian Leaders Pursue the Malaysia Plan

The Malaysian Prime Minister, Najib Razak, and the Australian Prime Minister met for the first time since the Malaysia Plan was shelved.  The Malaysian Leader is in Australia for a meeting of Commonwealth leaders and talked with Australian Prime Minister Julia Gillard on 27th October.

Ms Gillard and Mr Najib believe that the Malaysia Plan is the best way to stop people smuggling.  After their meeting, a spokesperson said that “both prime ministers reaffirmed their commitment to the Malaysia-Australia transfer agreement as an innovative and effective approach to combating people smuggling.”

The two leaders struck the deal in May this year.  As part of the plan Australia would send 800 asylum seekers who arrived in Australia by boat to Malaysia in exchange for 4,000 processed refugees.  But the Australian High Court said that the deal was against the law because the Government does not have the power to decide that asylum seekers can be sent to any country.  The Australian Government tried to change the law but failed because they did not have enough support in Parliament.

Despite the High Court ruling, the Australian Government says it remains committed to the Malaysian Plan.  The Government says that it believes sending asylum seekers to Malaysia would undermine people smugglers and stop asylum seeker boats sailing for Australia.  Many asylum seekers pass through Malaysia when they try to come to Australia.

The Malaysian Prime Minister said he wanted to go ahead with the Plan because he did not want to see more people drowning like those off Christmas Island.  In December 2010 30 asylum seekers drowned when their boat crashed off the coast of Christmas Island.  18 more bodies were never found.  "At this point, it would be easy to give up, to tell ourselves that we tried but the problem was too big, too politically difficult to deal with, and the people smuggling would go on.  The boats would continue to sail.  Heartless traffickers would continue to take everything from desperate people - their money, their dignity and, all too often, their lives,” he wrote to an Australia Newspaper.

The Malaysian Leader also said “it is nothing less than a 21st-century trade in human misery and it must not be allowed to continue.”  He said he was not prepared to stand by and watch people smuggling continue.

Australia’s Immigration Minister welcomed the comments by the Malaysian Prime Minister but said that because of the High Court ruling and the Opposition’s decision not to support changing the law, the Malaysia Plan could not go ahead at the moment. 

The Opposition also wants to process asylum seekers offshore but not in Malaysia.  The Opposition wants to tow people-smugglers boats back to Indonesia when possible and send asylum seekers to Nauru.  They also want to re-introduce Temporary Protection Visas.

Meanwhile the Australian Navy found and caught another people smuggling boat on the 30^th of October.  The boat was carrying 57 asylum seekers trying to get to Australia.  It is the third boat in one week.

Australia currently has nearly 4,000 asylum seekers from countries such as Iran, Iraq, Vietnam, Sri Lanka and Afghanistan in detention.  This is less that the 6,000 people in detention centres earlier this year.

Asylum-seeker deals for Malaysia and Papua New Guinea to be decided this week

This week the leaders of Australia and Papua New Guinea will meet to continue their discussions to reopen the Manus Island Detention centre.

In August, Australia made an agreement with PNG to reopen the detention centre on Manus Island for asylum-seekers who try to come to Australia by boat without valid visas.  The plan has been delayed after the Australian High Court decision that the Gillard Government's plan to process asylum-seekers in Malaysia was unlawful. The Government hopes to resume its offshore processing plans after the Australian parliament votes this Thursday on changes to the Migration laws so that asylum-seekers can be sent to Malaysia.

PNG's representative in Australia said that his government "is ready and willing to cooperate with Australia on any solutions through Manus processing centre".

Amnesty International and other refugee groups have criticized the plan to send asylum-seekers to Manus Island, saying that sending them to PNG is no different to sending them to Nauru. 

Another leading Australian organisation condemned conditions on Manus Island.  The Executive Director of the Australian Council for International Development stated that there was “overwhelming evidence” that people detained in Nauru and on Manus Island “suffered mental damage with self harm and suicide attempts a common occurrence, and an absence of trained counsellors and staff being able to cope.”  He also said that many of these asylum-seekers were still being treated for trauma and mental health issues following their detention.

An Australian lawyer who worked on Manus Island in 2008 said that conditions in the detention centre on Manus Island had been very hot, humid and cramped.  He said that “it would be pretty tough going” for asylum-seekers in the centre.

“During my travels around there I was told that people had tried to commit suicide by throwing themselves on power boxes, trying to electrocute themselves obviously in a state of hysteria or despair I should say.  […]  So obviously those people had quite enough and weren't prepared to continue on there. They're the sort of stories that I heard, again only hearsay from locals who observed these things they say”, he continued.

Meanwhile, the UN agency for refugees told parliament today that sending asylum-seekers to Malaysia is better for them than being detained in Australia. UNHCR Regional Representative Richard Towle has said that the conditions in the agreement between Australia and Malaysia mean that an asylum-seeker would be treated better there than they would in Australian detention. Australia’s policy of mandatory detention does not allow asylum-seekers to work or live in the community, which Malaysia would allow.

UNHCR’s support for the agreement with Malaysia is crucial ahead of Thursday’s parliamentary vote to make the Malaysia deal legal. No Australian Prime Minister has lost a vote on changes to the law in parliament for 80 years.

Australia Debates Migration Law Changes

Last week the Australian parliament opened a debate on the changes to the country’s migration laws. Prime Minister Julia Gillard introduced the changes so that it would be legal to send asylum-seekers to another nation for processing.

The migration issue has dominated Australian politics since the High Court rejected the Government’s policy of sending asylum-seekers to Malaysia for processing. Ms. Gillard hopes that by changing the law her Government can continue with the Malaysia plan and stop the High Court from interfering.

Gillard told 2SM radio “People are sick of watching the politics around all of this, the most humane way to deal with asylum seekers and refugees is to do everything you can to deter people from getting on leaky boats where they can lose their lives.”

Opposition leader Tony Abbott says he will only support the legislation if the government accepts an amendment that would rule out Malaysia because it is not a signatory to the United Nations Refugee Convention. He says he will only support the changes to the law if the Government sends asylum-seekers to the Pacific Island of Nauru instead.

Nauru was a part of the Pacific Solution, the toughest set of asylum-seeker policies Australia has ever had, and in the 7 years the detention centre was open only 288 asylum-seekers came to Australia by boat.

Ms. Gillard does not want to send asylum-seekers to Nauru because when the detention centre was open there, it was thought to be psychologically damaging for detainees. The party she leads, the Labor Party closed it in 2008 for humanitarian reasons.

Both political parties agree that sending asylum-seekers to other countries for processing will discourage asylum-seekers from paying people smugglers who try to transport them across the ocean to Australia in unsafe boats. Where they disagree is over which country to send the asylum-seekers to.

Australia's parliament has delayed a vote on changes to the migration law until October 11.

However currently, the recent arrival of two boats to Australia has added fire to the politics of the migration debate. Ms. Gillard blames Mr. Abbott for the arrivals saying that he is weakening the Government in the face of people smugglers.

One of the boats was found north of Christmas Island, initially thought to have 60 people onboard but further investigation revealed a "deck below the main deck" concealing 50 people, 49 asylum seekers and one crew member.

The second boat carrying 66 people sent out a distress signal after passenger concerns about overcrowding and had to be rescued by Indonesian and Australian authorities.

In total 175 asylum seekers will have health and security checks on Christmas Island.

Changes to Australia’s asylum-seeker policies

There have been many changes in Australia’s policies towards asylum-seekers in the last six weeks. Some of them have been perceived as good for asylum-seekers that want to go there and some have been seen as bad. One thing that has not changed though is Australia’s commitment to break the people-smuggling business and to stop asylum-seekers making the dangerous journey to Australia by boat.

Tomorrow the Australian Prime Minister Julia Gillard will present a new policy to deal with asylum-seekers. Media reports suggest that the government will now try to change the Migration Act – the law controlling immigration to Australia - so the deal with Malaysia will become legal and Australia will be able to process asylum-seekers off-shore.

On 31 August, the High Court rejected the deal, saying that under existing law, Australia could not transfer asylum-seekers to another country unless that nation was bound by law to protect them. Refugee activists that argued the case for asylum-seekers in court say they are disappointed the government could now change the law.

While the Malaysia solution is likely to be revived, the government also has a few other options to consider. While waiting for the High Court decision, the government signed an agreement with Papua New Guinea to reopen a detention centre on Manus Island to receive newly arriving asylum-seekers for processing. There has also been discussion of making a deal with Nauru to reopen a detention centre there.

If you are being told that now is the time to go to Australia then be careful because things can change quickly again. With all the options I described it could even get worse for asylum-seekers going there.

High Court stops Australia from sending asylum-seekers to Malaysia

The High Court ruling on Wednesday 31 August 2011 prevents the Australian government from transferring 800 asylum-seekers to Malaysia under the swap deal it signed last month.

The plan to send asylum-seekers to Malaysia was a part of Australia's regional response to stop thousands of boat people who arrive in Australia every year.

The High Court ruled by a majority of six to one that the Immigration Minister could not send asylum-seekers to any country that was not "legally bound by international or domestic law to provide access for asylum-seekers to effective procedures for assessing their need for protection".

The court said in a statement that Malaysia has not signed the UN Refugee Convention and that there was no guarantee that refugees would be recognized and protected under Malaysia’s domestic law.

The Immigration Minister Chris Bowen called the high court ruling "profoundly disappointing".

Bowen said the government's plans to send asylum-seekers to Malaysia for processing had acted as a deterrent to those thinking of making the dangerous journey to Australia.

Many have died on that journey, including dozens who drowned last December when their boat smashed on rocks on the island in heavy seas.

Mr. Bowen said: "We've had the people smugglers in retreat. Now, today's decision is a significant blow, but it does not undermine my or the government's determination to break the people smugglers' model."

The case was brought to court on behalf of 16 asylum-seekers who were a part of the first group of asylum-seekers to be sent to Malaysia. The lawyer acting for them, David Manne, said his clients were very relieved.

For now, the 335 asylum-seekers who arrived to Australia since the Malaysian deal was signed will remain in detention on Christmas Island but it is unclear whether they will be processed in Australia or elsewhere.

The Australian government is still considering other countries for its regional approach and it recently signed an agreement with Papua New Guinea to reopen the Manus Island detention facility there.