Amnesty's Campaign for Refugees and Asylum Seekers
Image Source: Amnesty International Australia
In Australia, public debate about asylum seekers' and refugees' right has been distorted by myths and misconceptions. Current government policy is shaped by border protection concerns, and the idea that asylum seekers are "breaking the rules". The result has been asylum seeker policy that is ineffective, inefficient, inhumane, and in many cases, in violation of international human rights law.
The facts are simple:
Asylum seekers are not 'illegal' - it is a human right to seek asylum by boat in Australia (UN Refugee Convention and Australian Migration Act 1958)
Asylum seekers arriving by boat make up less than 3% of Australia’s annual immigration
The majority of asylum seekers who arrive in Australia by boat are found to be genuine refugees fleeing persecution, torture and violence.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS - ARTICLE 14
Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
AMNESTY'S AIMS
Amnesty is calling on the Australian Government to;
End offshore processing and instead process all refugee claims made in Australia on the Australian mainland
End indefinite mandatory detention and instead place asylum seekers in the community once initial checks are completed
Ensure that Australia's refugee status determination system is fair and robust
Commit adequate resources to developing a regional approach to refugees and asylum seekers
CURRENT CAMPAIGN FOCUS
In 2012, the Australian government re-introduced offshore processing on Nauru and Manus Island. So far, no details about protections, conditions or processes on these islands have been outlined.
Furthermore, the government's commitment to the long process of a regional approach to refugee protection seems uncertain.
The offshore processing legislation needs to be repealed. However while offshore processing exists, we will work to ensure that asylum seekers and refugees affected are treated humanely.
Instead of focusing on short-term punitive measures, the government needs to commit adequate resources to an effective, human rights-based regional framework that addresses the reasons for irregular migration. This would lead to increased protection for refugees and asylum seekers in the Asia Pacific region, and reduce the number of refugees forced to make dangerous onwards journeys.
To make all of this happen, we need Australians to be aware of the flaws in the offshore processing policy and take action against it.
WHY IS A REGIONAL APPROACH ESSENTIAL?
The Asia Pacific region is arguably the worst place to be a refugee seeking safety.
Not only is it home to more refugees and asylum seekers than any other region in the world, it also contains the lowest level of refugee protection.
Across the region refugee laws are non-existent - few countries have signed the Refugee Convention or have domestic laws that recognise refugee status. Refugees and asylum seekers face violent abuse, exploitation, detention in horrific conditions and destitution. Access to health, education and other basic services is almost non-existent.
On top of all this, there is almost no chance of being resettled to a safe country by the UNHCR, with need outstripping demand at 10 to 1.
It is this lack of protection in the region that forces some refugees and asylum seekers to make `the dangerous boat journey to Australia.
SO, HOW CAN WE STOP REFUGEES MAKING DANGEROUS ONWARDS JOURNEYS?
Amnesty International wants to see a regional approach to refugees that genuinely addresses why people make dangerous onward journeys in the first place.
Australia has a vital role to play in any regional framework. It must work with countries like Malaysia, Indonesia, Thailand and Bangladesh to:
Increase legal recognition for refugees across the region
Increase access to basic services (such as health and education)
Increase access to the UNHCR
Increase the possibility of resettlement
By improving conditions for asylum seekers elsewhere in the region we can reduce the need for dangerous onwards journeys.
For this regional approach to work, Australia must not introduce policies that aim to deter refugees. Not only are policies like turning back boats and indefinite mandatory detention illegal under international law, they will actually prevent a regional approach from working and force more people onto boats.
Why? Because it is evident that any chance of stopping the boats rests on Australia helping our neighbours to improve the circumstances of refugees in their territory - taking away the reasons people get on boats in the first place. This will undoubtedly fail if Australia is simultaneously doing its utmost to avoid its own responsibilities to refugees and asylum seekers.
