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.

Law enforcement increases as more boats arrive to Australia

The largest boatload of asylum seekers to arrive since 2009, and the sixth in a week, has landed on Christmas Island as officials from the Australian Government are visiting Indonesia to discuss new ways stop people smuggling.

There were 167 asylum seekers and crew on the latest boat, making it the third-largest boat to arrive since 2009. A total of 542 asylum seekers and crew have arrived this week. After a record 901 asylum seekers and crew were intercepted in November, December is expected to be even bigger.

Since the Australian Parliament forced the Government to abandon offshore processing, boats have steadily increased in size and frequency. By the 6th of December, 3920 asylum seekers have arrived.  This is the third-highest total on record and almost one-third of the total has arrived in the past six weeks.

By Monday 5th December, there were 1235 asylum-seekers being held in Christmas Island detention centre which is designed to house 1244. But the latest arrival and a group of asylum seekers who are still in transit will add another 240 people.

A spokesman for the Immigration Minister, Chris Bowen, blamed the rise in arrivals on the Opposition, which has stopped laws being changed which would allow offshore processing and the Malaysia Plan.

The recent boat arrivals came as senior Australian Government officials were in Jakarta discussing “new ways” for Indonesia and Australia to work together to stop people smuggling syndicates and their bosses. They have discussed how to combat people trafficking and smuggling as well as ways to improve the age determination process for people smuggling crew. While there, Australia delivered three 16-metre speedboats to the Indonesian police. But Indonesian police officials said that they needed much bigger boats to fight people smuggling.

Australia has also been contributing to the Indonesian Maritime Security Board, helping the Indonesians to train their staff on maritime security and sea law. In addition, Australia has donated $2 million for a maritime radio communication network.

Speaking in Indonesia, Australian Government officials said they expected more boats carrying asylum seekers to leave from Indonesia in the next few months, despite the dangerous conditions during the monsoon season. “We're on the cusp of the anniversary of the Christmas Island tragedy and that's why the Government wants to work with the governments within the region to combat people-smuggling.”

Another Australian Government official said that there was now an “increased likelihood of people perishing at sea” as asylum seekers boarded boats in the monsoon period. A year ago, 50 asylum seekers died in a boat crash off Christmas Island in bad weather. Because of this, he also said Australia and Indonesia were developing new strategies to arrest people smuggling bosses, including the introduction of new laws in countries around the region.

Australian Government Still Wants to Pursue Malaysia Plan

The Australian Labor Party has voted to pursue a regional plan for the offshore processing of asylum seekers at its national conference.

There are two main political parties in Australia, the Australian Labor Party and the Liberal Party of Australia. Most people elected to Parliament are members of these parties. The current government is a Labor Party government and is led by the Prime Minister, Julia Gillard.

Members of the Labor Party met on the 3rd December to decide what policies they would have while in government. The Minister for Immigration, Chris Bowen, proposed that the Malaysia Plan should become a policy of the Labor Party. At the same time, he also proposed that the intake of UNHCR-registered refugees should be increased, from 13,750 to 20,000 a year. Both proposals were approved and are now Labor Party policies.

While they are Labor Party policies, they have not been voted on in Parliament so are not yet laws. Mr Bowen said “it's my view that we will be pursuing it through the parliament again, (but) we will need to see Mr. Abbott change his position if it is to pass the parliament.” Mr. Abbot is leader of the Liberal Party that wants offshore processing in Nauru, not Malaysia. The immigration spokesman for the Liberal Party said the government's asylum seeker policy had failed.

Several Labor party members criticized the proposals and the Malaysia Plan saying that the Plan violates Australia's international obligations as a signatory of the UN Refugee Convention. Refugee groups also attacked the proposals. The Refugee Action Coalition said “any plan to expel asylum seekers to Malaysia, or any other third country, is a fundamental (failure of) Australia's obligation to provide protection for who arrive on our shores fleeing persecution.” But Mr Bowen said Australia needs "to tackle this with a soft heart and a hard head."

The Government first proposed the Malaysia Plan in May this year in an attempt to deter people-smugglers. Under the Plan, 800 asylum seekers arriving in Australia by boat would be sent to Malaysia to have their refugee applications processed but they would not be allowed to come to Australia, even if their applications were successful. In return for taking the 400 asylum seekers, Australia would accept 4,000 registered refugees from Malaysia. The plan collapsed in August after Australia's High Court said offshore processing was illegal under current Australian law.

The Government believes that processing asylum seekers in Malaysia will break the people smugglers business model and prevent even more asylum seekers from drowning at sea. At the conference, Mr. Bowen said refugees were risking their lives on boat journeys between Australia and Indonesia. Almost 50 asylum seekers drowned when their boat sank off the coast of Christmas Island a year ago. "There have inevitably been others that we simply don't know about," he said.

On the 2nd December the 59th and 60th boats this year carrying asylum seekers arrived in Australia. This brings the total number of asylum seekers arriving by boat this year to 3,802. There are approximately 500 more asylum seekers waiting for boats in Indonesia.  If they arrive this year, the annual total is set to exceed 4,000 for the third time since 1999.  This is less than the almost 7,000 who arrived by boat in 2010.

Self-harm, Suicide, Sexual Assault and Drug Addiction in Australia’s Detention Centres

More evidence of the worsening conditions in Australian detention centres has been revealed in recent weeks with reports of suicide, self-harm, sexual assault and drug addiction.

A recent Parliamentary committee was told that there had been 289 cases of people hurting themselves in detention centres between July and October this year.  The committee was also told that 451 people had been diagnosed with a mental illness and 228 were receiving anti-psychotic medication.

The deteriorating conditions were highlighted this week by the death of a refugee from Sri Lanka.  The Tamil man in his mid-20s had been in detention for over two years and was recently moved to the family compound at Villawood Detention Centre.  He had been granted refugee status about three months ago.

The man was still being held in detention after being granted refugee status because the Government was waiting for an ASIO security assessment before releasing him.  The Refugee Action Coalition says that “there are over 1500 people, accepted as refugees, being held in detention waiting for ASIO security assessments.”

The Refugee Action Coalition said that the man’s suicide might have been triggered when his request to be released to attend a Hindu festival was denied.  "Whether that was the final straw, it's impossible to know," they said.

This was the sixth suicide in detention in Australia, and the fourth in the Villawood detention centre since September 2010.

Meanwhile an Australian news programme has provided a graphic account of life for people waiting in detention.  In interviews with staff and asylum seekers waiting to find out if they’ll be accepted as refugees detention centres are compared with prisons and even Guantanamo Bay.  It is claimed that mental illness, suicide attempts and self-harm are widespread and many people are unable to lead normal lives, even after they have been released.

A nurse at the Northern Detention Centre in Darwin said that teenagers who moved from the Darwin Airport Lodge to the Detention Centre when they turned 18 were at risk of sexual assault.  "There were a lot of allegations of sexual abuse going on there […] and I would suspect a lot of that was true by seeing the patients' reactions."

There have also been reports about the distribution of sedatives, sleeping pills and powerful painkillers inside detention centres.

One refugee says the pills are handed out by medical authorities inside detention centres.  The man, who spent nearly two years in detention, says the pills make detainees "like robots" and leave them with drug problems which need more treatment even if they are released into the community.

An Australian reporter says one of the biggest problems facing psychiatrists working in detention centres is a widespread culture of sleeplessness.  The journalist reported that mental health nurses in the detention centre use the medication to manage detainees.  She claims that medical company that looks after the mental health of people in detention cannot manage the numbers of people who are depressed and suffering from ongoing sleeplessness and insomnia.

“The short-term solution they've come up with is to prescribe large quantities of Mirtazapine which is actually an antidepressant.”

Some refugees, such as Afghan man Hamid Amiri, took anti-depressant medication while in Curtin Detention Centre and still requires medication despite having been released from detention more than a month ago.

Refugee advocates protested against mandatory detention at the Sydney office of the Department of Immigration on the 26^th of October.  The protest called for an end to offshore processing and for the release of asylum seekers from detention so their claims can be processed while they live and work in the community.  

The protesters also said they were supporting the rooftop protest of a Rohingyan refugee in Darwin’s Northern Detention Centre.  The man has been granted refugee status but has been waiting for two years for his security clearance.

Conditions in detention are likely to worsen as more people try to get to Australia by boat and are detained in already crowded detention centres.