on 11-11-2013 09:34 PM
TONY Abbott says Indonesia has an obligation to take back asylum-seekers saved in its own search and rescue zone, as the Coalition expressed "frustration" with Jakarta's boats policy
A stand-off with Jakarta, which ended with the asylum-seekers being taken instead to Christmas Island, was seized on by Labor and the Greens as evidence the Coalition's turn-back policy was a failure, and damaging to bilateral ties.
Immigration Minister Scott Morrison said today there was “no rhyme or reason” to why Indonesia was refusing to take back asylum-seekers.
Mr Abbott added:“Now the normal international law is that if you are rescued in a country's search and rescue zone, that country has an obligation to take you. “You can go to the nearest port. And the nearest port is normally in the country whose search and rescue zone you've been picked up in," he told 2GB.
“The border protection policy which Tony Abbott took to the election is in tatters,” opposition immigration spokesman Richard Marles said.Greens Leader Christine Milne said today Mr Abbott has been caught out in a “lie” by selling the idea to the Australian people that boat turn-backs are easy.
Mr Morrison said the government's opponents are “hyperventilating”.“What they won't acknowledge is we are succeeding - 75 per cent down on arrivals of illegal boats since Operation Sovereign Borders commenced. And our returns overseas have doubled.”
Mr Morrison said it's also frustrating that Indonesia has no significant search and rescue services based on its southern coastline. -
11-11-2013 10:01 PM - edited 11-11-2013 10:01 PM
Actually Tony is incorrect.
'Normal International law' in regards to sea rescue is covered by the 1979 SAR Convention. Australia agreed to take part. Indonesia did not.
That means Australia has an obligation. Indonesia does not.
Nor is Indonesia part of the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. But Australia is.
That means Australia has an obligation. Indonesia does not.
On saying that, as someone wisely pointed out today, Indonesia currently has around 100.000 people sitting in refugee camps that they are helping. So a boat full of 60 refugees tryng to make it to Australia is of such low importance and rightly so.
on 11-11-2013 10:21 PM
The Lombok Treaty 2006
Agreement Between the Republic of Indonesia and Australia on the Framework for Security Cooperation
Article 3 - item 3:
3. Facilitating cooperation in the field of mutually beneficial defence technologies and capabilities, including joint design, development, production, marketing and transfer of technology as well as developing mutually agreed joint projects.
Law Enforcement Cooperation
In recognition of the importance of effective cooperation to combat transnational crime that impacts upon the security of both Parties,
4. Regular consultation and dialogue aimed at strengthening the links between institutions and officials at all levels;
5. Cooperation to build capacity of law enforcement officials to prevent, respond to and investigate transnational crime;
6. Strengthening and intensifying police to police cooperation including through joint and coordinated operations;
7. Cooperation between relevant institutions and agencies, including prosecuting authorities, in preventing and combating transnational crimes, in particular crimes related to:
a. People smuggling and trafficking in persons;
I'm off to bed, back tomorrow.
on 11-11-2013 10:35 PM
Isn't it the Lombok Treaty that also talks about neighbourliness and non interference in internal affairs? I think spying on them kind of makes a mockery of those points.
And if I recall correctly the point about people smuggling is specifically about prevention and nothing in there about what to do with the actual reugees caught up in it.
And again if I recall correctly there is something before (or perhaps just after) that point that talks about "within their domestic or international obligation". So given that Indonesia really doesn't have any international obligations in relation to refugees, we are back at square one.
I am off to bed too.
on 12-11-2013 12:19 AM
Poll: Does the fact Jakarta has twice rejected requests by Scott Morrison to send asylum seekers back to Indonesia indicate that the government's new asylum seeker policy is not working?
Yes: 87%
No: 13%
Total votes: 12,211
SMH
on 12-11-2013 12:59 AM
It was never going to work as he said he would "turn back the boats . . " without even consulting Indonesia on their position re accepting the boats and their passengers back.
Arrogance in dealings with other countries is guaranteed to offend and to promote opposition.
on 12-11-2013 01:16 AM
Unfortunately people smuggling is a primary industry in Indonesia, it helps to pay for all sorts of goodies for officials.
on 12-11-2013 01:28 AM
on 12-11-2013 01:57 AM
I don't beleive that any country is another country's friend.
Countries act in their own national interest first, and and any "friendship" is only a ploy to advance such national interest.
Cynical? no, I'm a realist.
on 12-11-2013 11:24 AM