Stopping the Boats – A False Dichotomy
August 26, 2016
|Volunteers pull a raft packed with refugees and migrants as they arrive on a beach on the Greek island of Lesbos, January 29, 2016. Photo: Darrin Zammit Lupi
|“This choice – the agony of the people sent to offshore center, or deaths at sea – is a false dichotomy. This is not a Sophie’s choice-scenario where we are forced to choose between two unbearable options. There are alternatives; they are just not being implemented.”
Cross, NSW, Australia) August 26, 2016 – For the past three years we have been
told by the Australian government that offshore processing on Nauru and Manus
Island is necessary to deter others from making the dangerous journey to
Australia by sea.
We have also
been fed the line that this alone is not enough, and intercepting boats and
returning the people in them is an indispensable part of the strategy to save
lives at sea and to smash the predatory business of people smuggling.
– the agony of the people sent to offshore processing centers, or deaths at sea
– is a false dichotomy. This is not a Sophie’s choice-scenario where we are
forced to choose between two unbearable options. There are alternatives; they
are just not being implemented.
In the wake
of the latest reports detailing the abhorrent conditions on Nauru and the
recent announcement that the offshore processing center on Manus Island will
finally be closed, a shift has taken place in the public debate on the efficacy
of offshore processing.
become increasingly apparent that detaining people in deplorable conditions on
Nauru and Manus Island has no relation to the steep decline in boats trying to
reach Australia. We are not seeing people arrive in boats because the government’s
Operation Sovereign Borders policy mandates the interception of boats on the
high seas, and the return of their human cargo to whence they came.
realization takes hold, some people are arguing that we can close the offshore
processing centers and end the suffering of the people in them, but only if we
maintain Operation Sovereign Borders.
the policy of interception and return acceptable and humane? People on those
boats are denied access to a proper refugee status determination, and subjected
to “enhanced screening” or an attenuated assessment process. Without a proper
assessment, the Australian government cannot genuinely determine whether it is
safe to return people to their country of origin and risks breaching the
international principle of non-refoulement, the cornerstone of refugee
the need for a pragmatic but principled solution to the status quo – after all,
countries have a right to secure borders, and to regulate movement across those
borders. That right, however, cannot be allowed to render void the right of
people to cross borders to seek asylum under the conventions of international
law. It also should not countenance the return of people to countries where
they may face persecution, harm, and violations of their human rights, or where
they cannot receive a fair and timely hearing of their asylum claims.
stopping the boats seriously undermines the international protection regime.
This regime only works when all states respect a person’s right to seek asylum
by keeping their borders open to those fleeing persecution. It relies on states
not to penalize those people without the correct documentation for legal entry
into their countries. Most importantly, this regime depends on every country
respecting the international legal principle of non-refoulement – the right not
to be returned to persecution.
can most certainly be stopped but this should not be achieved by force. The
Australian government must first work with its neighbors in the region to
remove the need for people to take dangerous journeys in the first place.
people in Indonesia, Malaysia and Thailand were given access to employment,
health services, education and access to a fair, timely asylum process, they
would be less likely to risk their lives trying to reach Australia on the open
seas. By protecting and fulfilling the fundamental rights of people seeking
safety, the boats would stop by themselves.
By Oliver White, Assistant Director, Jesuit
Refugee Service Australia
Mr Christian Fuchs