Read The Times Australia

Daily Bulletin

Why Europe shouldn't follow Australia's lead on asylum seekers

  • Written by: Daniel Ghezelbash, Senior Lecturer, Macquarie Law School, Macquarie University

Australia’s harsh asylum policies have been touted as a possible solution to Europe’s so-called refugee crisis. Politicians in the UK, France, Holland, Denmark, Austria and Belgium have advocated for an Australian-style approach aimed at blocking asylum seekers from accessing Europe. But there are a few reasons Europe should be wary of following this lead.

Australia’s practice of turning back boats and offshore processing have attracted the most interest. When Australia can’t safely turn back a boat, it transfers the asylum seekers on board to a third country (Nauru and, until recently, Papua New Guinea), where their asylum claims are assessed. Refugees are warehoused at these locations with no prospect of settling in Australia.

While turn-backs and offshore processing have been described as the “Australian model”, these policies have their origins in the United States. The US government has intercepted and returned migrant boats at sea since 1981, and has used Guantanamo Bay in Cuba as an offshore processing centre for asylum seekers since 1991. Australia directly drew on the US example when developing its current border control policies. Now Europe is following Australia.

Read more: Robert Manne: How we came to be so cruel to asylum seekers

Offshore processing

There have been many proposals in recent years for establishing offshore processing camps in countries neighbouring the EU. Suggested locations have included Albania, Ukraine, Morocco and other North African countries.

There’s also a recent push to set up camps further afield in transit countries such as Mali, Niger, Burkina Faso, Ethiopia, Chad and Sudan. While none of these initiatives has been implemented, the EU-Turkey deal in force since 2016, can be viewed as a form of offshore processing.

Under the deal, Turkey accepts the return of certain asylum seekers from Greece. For every asylum seeker sent back, the EU resettles one Syrian refugee processed by UNHCR in Turkey. The plan is reminiscent of the failed Malaysian Solution under which Malaysia was to accept 800 asylum seekers attempting to reach Australia by boat, in return for Australia resettling 4,000 UNHCR-recognised refugees from camps in Malaysia. The arrangement was struck down by the Australian High Court before it could be implemented.

Read more: Three charts on: what's going on at Manus Island

Boat turn-backs

Italy returned migrant boats to Libya in 2009, without screening for asylum claims. These actions were found to be unlawful in a 2012 decision by the European Court of Human Rights.

To get around this ruling, there have been attempts to outsource the responsibility for stopping boats to Europe’s neighbours. This includes funding the Libyan coastguard to intercept migrant boats before they leave Libyan waters.

Read more: Not 'all is forgiven' for asylum seekers returned to Sri Lanka

Why Europe shouldn't follow Australia's lead on asylum seekers Australia’s harsh asylum seeker policies were imported from the US, and are now keenly viewed by Europe. Julie Druelle/Crwodspark/AAP

Risks of the ‘Australian model’

Europe should carefully consider the risks of going down the Australian path. As the decision of the European Court of Human Rights on turn-backs demonstrates, Europe has much stronger human rights protections than Australia.

The checks and balances that exist in Europe may frustrate attempts to move further towards the Australian model.

And the dark side of Australia’s border control policies is well-documented. They have inflicted devastating physical and psychological damage on asylum seekers, and created endemic social problems in the communities of Nauru and Manus Island which have hosted Australia’s offshore camps.

This has come at an exorbitant financial cost to the Australian taxpayer. This all raises serious questions about the long-term sustainability of Australia’s approach.

Australia’s asylum policies have been repeatedly condemned by the UN as violating international law. If European countries were to follow suit, it would greatly undermine international refugee protection.

The risk is that we will see a race to the bottom, as countries compete to deter asylum seekers. This competitive approach creates a vicious cycle in which governments seek to outdo each other by implementing progressively more restrictive policies.

When devising asylum policies, governments weigh up their competitiveness in deterring unwanted immigration against the value of abiding by their obligations under international law. As more states opt for deterrence over protection, this places pressure on other states to do the same. This scenario has – and will continue to have – a devastating impact on the ability of those in danger to reach safety.

The protections set out in the Refugee Convention and other human rights treaties are only words. Their effectiveness in the real world is shaped by the actions of states. Implementing international law requires leadership – it needs states to lead by example to persuade other states to protect refugees.

This role has traditionally been carried out by wealthy liberal democracies, which have had the resources and legitimacy required for the task. The harsh policies introduced in the US and Australia mean these nations now lack the credibility to take on this leadership role. All eyes are now on European states.

If Europe goes down the same path as the US and Australia, it will be inflicting a mortal wound on the universal principle of asylum and the international refugee protection regime more broadly.

This article canvasses issues as published in Daniel’s new book, Refuge Lost: Asylum Law in an Interdependent World.

Authors: Daniel Ghezelbash, Senior Lecturer, Macquarie Law School, Macquarie University

Read more http://theconversation.com/why-europe-shouldnt-follow-australias-lead-on-asylum-seekers-90304

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...