Wednesday, 9 July 2014 00:00
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AUSTRALIAN Immigration Minister Scott Morison arrives in Sri Lanka today to quell and increasingly stormy fallout over its asylum seeker policy that could well have ramifications for both its relationship with Sri Lanka and image before the international community.
The United Nations High Commissioner for Human Rights added fuel to the fire by insisting it is “deeply disturbed” by the return of 41 Sri Lankan asylum seekers to Sri Lanka by Australian authorities without proper screening, and called for a full judicial review on the matter.
The High Commissioner said the international law requires that each and every case be properly and individually examined on its own merits. They have criticised the Australian Government for failing to be open about the process, and for not even acknowledging the presence of a boat in their waters reportedly carrying 153 asylum seekers that had set sail from India.
The Government has also been slammed for transferring boat people at sea hurriedly, remotely and on the high seas, without procedural safeguards and due process guarantees for those involved.
According to the High Commissioner any returns, even from the high seas or in the territorial seas of other states, must be carried out in accordance with international law, under which refoulement and collective expulsions are strictly prohibited.
The Office of the High Commissioner for Human Rights (OHCHR) said it is not clear whether the Australian Government has been given any assurances that the returnees will not face ill-treatment upon their return to Sri Lanka, nor is it clear how the Australian Government plans to monitor their treatment.
On the same day the Galle Magistrate remanded five of the 41 asylum seekers and released 27 on bail while acquitting the minors under the age of 16. The five remanded by the court are believed to be the people smugglers.
The OHCHR welcomed the High Court of Australia’s issuance of an interim injunction against the return of 153 other Sri Lankan asylum seekers, reportedly including 37 children, intercepted by Australian authorities.
The UNHRC has demanded a full judicial review in light of Australia’s obligations under international law, including the principle of non-refoulement under the 1951 Refugee Convention, the Convention against Torture, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.
Used to being caught between a rock and a hard place when it comes to their asylum seeker policies, the Australian Government, consistently defending the decision to return the 41 asylum seekers without screening them on land as a measure to deter the people smugglers, said that it will continue to act in accordance with its international obligations, including applicable international conventions and to protect the safety of life at sea.
It will now be up to Morrison to drive this point home in a way that convinces the international community during his two-day visit to Sri Lanka. Keen for Australian support, the Sri Lankan Government will be eager to play ball and will continue unfazed by UNHRC criticism. Already under severe criticism for its pro-Lankan policies, Australian Prime Minister Tony Abbott will likely find his reputation receding further into the shadows.
