Boat Arrivals, Australia and Human Rights

Australia’s policy of imprisoning all asylum seekers who travel to Australia by boat has been strongly criticized by human rights supporters. During a visit to Australia in May 2011 the United Nations High Commissioner for Human Rights, Navi Pillay, urged the Australian Government to end the mandatory detention policy. Amnesty International has repeatedly condemned the policy, saying Australia needs to do more to protect the rights of asylum seekers and refugees. Despite this, it is unlikely that the policy of mandatory detention will be changed.

Partly responding to the criticism of human rights campaigners, the Australian Government announced that asylum seekers arriving by boat could be granted Bridging Visas in November 2011. The Bridging Visas would allow asylum seekers to live in the community while their applications for refugee status were decided. According to the Immigration Department, however, bridging visas are granted on a case by case basis and priority is given to the most vulnerable and those who have been in detention for a long time. The behavior of asylum seekers in detention is also taken into account. Since November only 107 asylum seekers have been let out of detention on bridging visas and 4,409 people remain locked up.

The possibility of Bridging Visas for asylum seekers arriving by boat is a step towards a more gentle response to boat arrivals but it does not mean the end of compulsory detention. Historically, Australia’s policies towards boat arrivals have got harsher when the number of people arriving by boat increases. Mandatory detention laws were introduced in Australia in 1992 by the then Labor government in response to the increasing numbers of asylum seekers from Vietnam, China, and Cambodia trying to reach Australia by boat. The law said that Australian Courts were not allowed to review the decision to detain asylum seekers but said that they could not be detained for longer than 273 (approximately nine months). In 1994 the same government changed the law again, making it even harsher by ruling that mandatory detention could last indefinitely for anyone who came to Australia by boat without a valid visa.

In 2001, in response to the increasing numbers of asylum seekers arriving by boat, the then Liberal Government (led by John Howard) introduced the Pacific Solution. Before 2001, the highest number of asylum seekers boats to arrive in Australia was 19, carrying a total of 660 asylum seekers. In 2001, 43 boats arrived carrying 5,516 asylum seekers. Responding to this increase, the Australian government declared that the Australian islands between Indonesia and the Australian mainland were no longer part of Australia’s migration zone and all asylum seekers arriving by boat would be taken to a detention centre on the tiny island of Nauru. Many of the asylum seekers in Nauru were detained for years. The number of boats arriving dropped dramatically.

In 2008, the newly elected Labor government (this time led by Kevin Rudd) announced that it was ending the Pacific Solution but that some aspects of the detention system would stay the same. Asylum seekers arriving by boat would still have their refugee status determined offshore (on Christmas Island) but they would be let out of detention faster. In October 2010, the new Labor Prime Minister, Julia Gillard said that more changes would be made to the policy so that children and families could stay in community-based accommodation instead of the detention centre. However, since 2008, the number of boats arriving has steadily increased. In 2010 134 boats carried 6,879 asylum seekers to Australia.

Because the numbers of asylum seekers have increased so dramatically, it is likely that mandatory detention will continue to be used as a deterrent. Both of the major political parties in Australia remain convinced of the need for offshore processing and are just debating about where it will take place. The detention center in Nauru is one of the options being discussed. Amnesty International has said that the prospect of reopening Nauru is “horrifying” because “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.” Amnesty believes that there is a declining respect for the human rights of asylum seekers in Australia.

Less people claiming asylum in Australia

There was an almost 20 per cent drop in the number of people applying for asylum in Australia in the first half of 2011. 

The United Nations Refugee Agency reported that just under 5,000 people sought asylum in Australia in the first half of 2011.  This was 19 per cent less than a year ago.  UNHCR said that this was in ''sharp contrast'' to the other Western countries, which had an average 17 per cent increase in the number of people seeking asylum.

The UN Refugee Agency reported that the drop was because less people tried to arrive in Australia by boat.  The UNHCR representative in Australia said that “the fall in the overall number of claims in Australia was largely driven by a drop of almost 50 per cent in the number of asylum seekers arriving by boat in the first half of this year.”

The Australian Government said the fall in numbers arriving by boat could be due to a number of factors, including their policies in the first half of 2011.

A spokesman for the Immigration Minister said the drop could be the result of “the government's announcement of the innovative Malaysia arrangement, increased co-operation through the Bali process … as well as the tragic boat crash at Christmas Island in December last year.”

The Opposition said the fall in the number of people arriving by boat had “come off an incredibly high level.”

Meanwhile the first boat has arrived in Australia since the Government’s Malaysian solution was put on hold.  There were 51 people on the boat, mostly from Iran and Iraq.  The boat was stopped by an Australian Customs boat and was running out of food and supplies.

The asylum seekers are being taken to Christmas Island for processing.  The Prime Minister said that the asylum seekers would be held in the Christmas Island detention centre for health and security checks and to confirm their identities.

People trying to reach Australia by boat do not have visas and are considered to be coming to Australia illegally. 

In 2011 there were 13,750 places in Australia’s humanitarian entry program.  6,000 places are open for refugees identified by the UN Refugee Agency outside of Australia.  7,750 places are available for people who are the immediate family members of people already in Australia and people who come to Australia and then claim asylum. 

A recent survey of Australian people found that most people support the humanitarian program but do not support people trying to reach Australia by boat.  Another survey found that most Australians support people arriving by boat being put in detention centres.

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.