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Australia’s Policy on Migrants Questioned After Smuggler Says He Was Bribed to Turn Back Australia’s Policy on Migrants Questioned After Smuggler Says He Was Bribed to Turn Back
(about 3 hours later)
SYDNEY, Australia — If money talks, it was the stacks of crisp $100 bills that spoke loudest. An Indonesian smuggler said the Australian authorities had stopped his boat at sea and given him and his crew the cash, more than $30,000, to take his cargo of 65 migrants to Indonesia. SYDNEY, Australia — If money talks, it was the stacks of crisp $100 bills that spoke loudest. An Indonesian smuggler said the Australian authorities had stopped his boat at sea and given him and his crew the cash, more than $30,000, to take his cargo of 65 migrants to Indonesia.
The allegation, which the Australian government has not denied nor explicitly admitted, was the latest indication of a hardening of Australia’s immigration policy under Prime Minister Tony Abbott, which critics say has at times veered into illegality.The allegation, which the Australian government has not denied nor explicitly admitted, was the latest indication of a hardening of Australia’s immigration policy under Prime Minister Tony Abbott, which critics say has at times veered into illegality.
If the boat captain’s story is true, the incident may have violated Australian, Indonesian and international laws against smuggling, bribery and the treatment of asylum seekers.If the boat captain’s story is true, the incident may have violated Australian, Indonesian and international laws against smuggling, bribery and the treatment of asylum seekers.
“Australia is moving to ever more radical measures to avoid our international obligations,” said Hugh de Kretser, director of the Melbourne-based Human Rights Law Center. “But the world is watching.”“Australia is moving to ever more radical measures to avoid our international obligations,” said Hugh de Kretser, director of the Melbourne-based Human Rights Law Center. “But the world is watching.”
Even before the payment allegations, which surfaced last week, international organizations and human rights groups had assailed Australia’s policy of intercepting boats of migrants at sea and turning them back to Indonesia, or holding them indefinitely in offshore detention centers. Even before the payment allegations, which surfaced last week, international organizations and human rights groups had assailed Australia’s policy of intercepting boats of migrants at sea and turning them to Indonesia, or holding migrants indefinitely at offshore detention centers.
There have been reports of abuse and a death at the centers in Papua New Guinea and Nauru. In March, the United Nations said conditions at Nauru breached an international anti-torture convention. There have been reports of abuse and a death at the centers, in Papua New Guinea and Nauru. In March, the United Nations said conditions at Nauru breached an international anti-torture convention.
This month, Australia flew four asylum seekers to Cambodia, the first transfer in a $31 million deal to resettle refugees in a country that Human Rights Watch says has been unable to integrate the refugees it already has. This month, Australia flew four asylum seekers to Cambodia, the first transfer in a $31 million deal to resettle refugees in a country that Human Rights Watch says has been unable to integrate the refugees already there.
The Australian government has also expanded its legal authority, passing a law in December giving it the power to hold asylum seekers indefinitely on the high seas and to transfer them to any country the immigration minister chooses, even if the transfer returns a refugee to potential danger.The Australian government has also expanded its legal authority, passing a law in December giving it the power to hold asylum seekers indefinitely on the high seas and to transfer them to any country the immigration minister chooses, even if the transfer returns a refugee to potential danger.
A bill currently in Parliament would give guards at the detention centers the authority to use force to maintain order at the privately run sites, a response to riots over conditions at the center on Manus Island in Papua New Guinea last year.A bill currently in Parliament would give guards at the detention centers the authority to use force to maintain order at the privately run sites, a response to riots over conditions at the center on Manus Island in Papua New Guinea last year.
Australia has long been a destination for economic and political migrants looking for a better life in a safe and prosperous country. In the 1970s when the first wave of boat people arrived from Vietnam, Australians were mostly sympathetic. Australia has long been a destination for economic and political migrants looking for better lives in a safe and prosperous country. In the 1970s when the first wave of boat people arrived from Vietnam, Australians were mostly sympathetic.
But attitudes started to shift in the last decade and by 2012, when the number of migrants arriving by sea had spiraled to more than 17,000, Australians felt under siege. That year, at least 880 migrants were feared drowned at sea when their flimsy boats were dashed on rocks and reefs or sank after running out of fuel, and immigration became an emotional national crisis. But attitudes started to shift in the last decade and by 2012, when the number of migrants arriving by sea had risen to more than 17,000, Australians felt under siege. That year, at least 880 migrants were feared drowned at sea when their flimsy boats were dashed on rocks and reefs or sank after running out of fuel, and immigration became an emotional national crisis.
“There’s really only one thing to say here,” Mr. Abbott said in defending his policies last week, “and that is that we have stopped the boats. That’s good for Australia, it’s good for Indonesia and it’s particularly good for all of those who want to see a better world, because if the boats start again, the deaths start again.”“There’s really only one thing to say here,” Mr. Abbott said in defending his policies last week, “and that is that we have stopped the boats. That’s good for Australia, it’s good for Indonesia and it’s particularly good for all of those who want to see a better world, because if the boats start again, the deaths start again.”
Pressed on the question of payments to traffickers, Mr. Abbott invoked national security secrecy rules to avoid responding directly. But he said the government was determined to “stop the boats by hook or by crook.”Pressed on the question of payments to traffickers, Mr. Abbott invoked national security secrecy rules to avoid responding directly. But he said the government was determined to “stop the boats by hook or by crook.”
Attorney General George Brandis, asked directly if money had changed hands, told the Senate only that “the Abbott government has taken the necessary measures to succeed.”Attorney General George Brandis, asked directly if money had changed hands, told the Senate only that “the Abbott government has taken the necessary measures to succeed.”
Indeed, if the current government has tightened the screws, turning away the boat people has been a popular and bipartisan project. It was the previous Labor government that started intercepting migrants at sea to prevent them from reaching Australian soil.Indeed, if the current government has tightened the screws, turning away the boat people has been a popular and bipartisan project. It was the previous Labor government that started intercepting migrants at sea to prevent them from reaching Australian soil.
The Labor government may have even set the stage for paying smugglers by allocating an extra $16 million to the Australian spy agency in 2009 to pay for information on people smuggling and to pay smugglers to betray fellow smugglers. The Labor government may have even set the stage for paying smugglers by allocating an extra $16 million to the national spy agency in 2009 to pay for information on people smuggling and to pay smugglers to betray other smugglers.
But the former leader of Mr. Abbott’s Liberal Party, John Hewson, now a professor at Australian National University, rejects that argument.But the former leader of Mr. Abbott’s Liberal Party, John Hewson, now a professor at Australian National University, rejects that argument.
“Paying for information and criminal enforcement is one thing,” he said. “Paying people smugglers to take a boat back is quite another.”“Paying for information and criminal enforcement is one thing,” he said. “Paying people smugglers to take a boat back is quite another.”
The minority Greens Party has called for a Senate hearing into the payment allegations in an effort to force the government to provide more information.The minority Greens Party has called for a Senate hearing into the payment allegations in an effort to force the government to provide more information.
“You can argue it breaches international laws and conventions, and argue about the legality of what’s happened,” Senator Sarah Hanson-Young of the Greens said. “But it is a question of what is right and wrong. And this is wrong.”“You can argue it breaches international laws and conventions, and argue about the legality of what’s happened,” Senator Sarah Hanson-Young of the Greens said. “But it is a question of what is right and wrong. And this is wrong.”
A Senate committee is already investigating reports of sexual and physical abuse of women and children at the Nauru detention center.A Senate committee is already investigating reports of sexual and physical abuse of women and children at the Nauru detention center.
The United Nations special rapporteur on torture, Juan E. Méndez, said in March that the Australian government had violated the right of the asylum seekers there to be “free from torture or cruel, inhuman or degrading treatment,” and that the government had failed to investigate and prosecute allegations of torture at the center.The United Nations special rapporteur on torture, Juan E. Méndez, said in March that the Australian government had violated the right of the asylum seekers there to be “free from torture or cruel, inhuman or degrading treatment,” and that the government had failed to investigate and prosecute allegations of torture at the center.
In response, Mr. Abbott said Australians were “sick of being lectured to by the United Nations.”In response, Mr. Abbott said Australians were “sick of being lectured to by the United Nations.”
More than 1,500 migrants are detained at the centers in Nauru and Papua New Guinea. Prevented by law from ever coming to Australia, the migrants will remain there until Australia finds a country willing to accept them.More than 1,500 migrants are detained at the centers in Nauru and Papua New Guinea. Prevented by law from ever coming to Australia, the migrants will remain there until Australia finds a country willing to accept them.
The government may have stopped the boats, says Daniel Webb, legal advocacy director at the Human Rights Law Center, “but we have achieved that by being tremendously cruel to those who have come by boat, and by intercepting others and forcing them back, perhaps into danger.”The government may have stopped the boats, says Daniel Webb, legal advocacy director at the Human Rights Law Center, “but we have achieved that by being tremendously cruel to those who have come by boat, and by intercepting others and forcing them back, perhaps into danger.”
Whether the government broke the law by paying a smuggler, and whether there will be any repercussions if it did, remain to be seen.Whether the government broke the law by paying a smuggler, and whether there will be any repercussions if it did, remain to be seen.
The Indonesian police are questioning the boat crew and the country’s foreign minister has demanded an explanation from Australia.The Indonesian police are questioning the boat crew and the country’s foreign minister has demanded an explanation from Australia.
Senator Hanson-Young has asked the Australian federal police to investigate.Senator Hanson-Young has asked the Australian federal police to investigate.
“If payments were made, it seems likely that Australian, Indonesian and international laws were broken,” said Mr. de Kretser of the Human Rights Law Center. Australia has agreed to international laws to combat people smuggling, which it may have violated, he said. It is also illegal under Australian law to organize someone’s illegal entry into another country.“If payments were made, it seems likely that Australian, Indonesian and international laws were broken,” said Mr. de Kretser of the Human Rights Law Center. Australia has agreed to international laws to combat people smuggling, which it may have violated, he said. It is also illegal under Australian law to organize someone’s illegal entry into another country.
“There are also serious questions around whether there is any legal authority to make payments like these,” Mr. de Kretser said.“There are also serious questions around whether there is any legal authority to make payments like these,” Mr. de Kretser said.
As for Australia’s obligations under international laws, Madeline Gleeson, a research associate at the Andrew and Renata Kaldor Center for International Refugee Law at the University of New South Wales, said it depends on what happened at sea.As for Australia’s obligations under international laws, Madeline Gleeson, a research associate at the Andrew and Renata Kaldor Center for International Refugee Law at the University of New South Wales, said it depends on what happened at sea.
“Was anybody given the chance to seek asylum?” she asked. “Was an assessment made as to whether it was safe to turn people around? Were there children, pregnant women, survivors of torture and trauma on board?”“Was anybody given the chance to seek asylum?” she asked. “Was an assessment made as to whether it was safe to turn people around? Were there children, pregnant women, survivors of torture and trauma on board?”
Mr. Brandis, the attorney general, would have to approve any prosecutions, which seems unlikely. He told the Senate last week that the government “at all times has complied with the law.”Mr. Brandis, the attorney general, would have to approve any prosecutions, which seems unlikely. He told the Senate last week that the government “at all times has complied with the law.”
Mr. Hewson warned that if the government was handing out cash to smugglers, it had stepped beyond simply deterring asylum seekers and stopping deaths at sea.Mr. Hewson warned that if the government was handing out cash to smugglers, it had stepped beyond simply deterring asylum seekers and stopping deaths at sea.
“If you start paying them to take the boats back, you are giving them an incentive,” he said. “There are other legal and moral issues. But just in practical terms, the government may have ditched the centerpiece of their argument.”“If you start paying them to take the boats back, you are giving them an incentive,” he said. “There are other legal and moral issues. But just in practical terms, the government may have ditched the centerpiece of their argument.”