sign in sign up
<<
Home , Abbott Government, Cornelia Rau, Migration Act 1958, Pacific Solution, Tampa affair

THE AS AUSTRALIA‘S POLICY TOWARDS AND IRREGULAR MARITIME ARRIVALS (IMAS) IN THE ERA

Hardi Alunaza SD1, Ireng Maulana2 and Adityo Darmawan Sudagung3

1Faculty of Social and Political Sciences, Universitas Tanjungpura Email: [email protected] 2 Political Sciences Iowa State University Email: [email protected] 3International Relations Department Universitas Tanjungpura Email: [email protected]

ABSTRACT This research is attempted to answer the question of why John Howard used the Pacific Solution as Australian policy towards Asylum Seekers and Irregular Maritime Arrivals (IMAS). By using the descriptive method with a qualitative approach, the researchers took a specific interest in decision-making theory and sovereignty concept to analyze the phenomena. The policy governing the authority of Government in the face of the Asylum Seeker by applying multiple strategies to suppress and deter IMAs. The results of this research indicate that John Howard used Pacific Solution with emphasis on three important aspects. First, eliminating migration zone in Australia. Second, building cooperation with third countries in the South Pacific, namely and in shaping the center of IMAs defense. On the other hand, Howard also made some amendments to the Migration Act by reducing the rights of . Immigrants who are seen as a factor of progress and development of the State Australia turned into a new dimension that threatens economic development, security, and socio-cultural.

Keywords: Pacific Solution; asylum seeker; Irregular Maritime Arrivals

ABSTRAK Tulisan ini disajikan untuk menjawab pertanyaan mengapa John Howard menggunakan The Pacific Solution sebagai kebijakan Australia terhadap Asylum Seeker dan Irregular Maritime Arrivals (IMAs). Melalui pendekatan kualitatif dengan sumber data dari studi pustaka, penulis mencoba menggunakan konsep kebijakan pertahanan dan Forward Defense dalam menjelaskan fenomena terkait. Kebijakan tersebut mengatur mengenai otoritas Pemerintah Australia dalam menghadapi Asylum Seeker dengan menerapkan beberapa kebijakan guna menekan dan menghalangi IMAs. Hasil dari penelitian ini menunjukkan bahwa John Howard menggunakan Pacific Solution dengan menekankan pada tiga aspek penting. Pertama, menghilangkan zona migrasi di wilayah Australia. Kedua, menggunakan perangkat militer untuk menghadang kedatangan IMAs. Serta, membangun kerja sama dengan Negara dunia ketiga di Pasifik Selatan, yakni Nauru dan Papua New Guinea dalam membentuk pusat pertahanan. Di sisi lain, Howard juga melakukan beberapa amandemen terhadap Migration Act dengan mengurangi hak-hak pengungsi. Imigran yang dipandang sebagai salah satu faktor kemajuan dan perkembangan Negara Australia berubah menjadi dimensi baru yang mengancam perkembangan ekonomi, keamanan, dan sosial budaya. Howard memandang bahwa banyaknya imigran yang masuk ke Australia justru menambah jumlah anggaran pengeluaran Negara sehingga berdampak pada berkurangnya anggaran pelayanan masyarakat domestik.

Kata Kunci: Pacific Solution; asylum seeker; Irregular Maritime Arrivals

Introduction, Research Objective and When viewed from the implementation of the Significance of Study policy of Pacific Solution that is intended to respond and stem the tide of asylum seekers Characterized by the cultural diversity entering the territory of Australia.3 The of its people, Australia is a country where Department of Immigration and Citizenship officially migrants have enriched almost every (DIAC) as an institution responsible for aspect of contemporary society. In fact, since the immigration issues in Australia decided that the rejection of the in 1973, presence of asylum seekers who come by using successive Australian governments have the boat is considered as the illegal immigrant or endeavored to foster, both domestically and the famous Irregular Maritime Arrivals (IMAs). internationally, an image of a cohesive, However, it is not these officially sanctioned egalitarian and multicultural nation.1 However, entrants, but the Irregular Maritime Arrivals despite efforts to distance contemporary (IMAs) often referred to as boat people, that Australia from its racially exclusionist past, have captured the public imagination and have unauthorized non-white immigration continues come to stand for asylum seekers in general.4 to pose problems for the Australian state. For Howard to win the election, he had to Australia's economic success, social welfare, reclaim a majority of the close to a million votes domestic political stability makes it as a country that had left the for One Nation.5 He of interest by foreign immigrants from various duly did so with his handling of the Tampa countries. Australia is also noted as a country Incident of August 2001 and the resultant which has been the main target to asylum seeker policies that still shape Australia's asylum seeker that comes with the aim to obtain the asylum in response today. With that victory, Australia's Australia. The status of Australia as a developed response to asylum seekers became an issue that country and member country of Geneva could decide the course of an election, thereby Convention year 1951 on status and the completing its politicization and turning it from New York 1967 Protocol, which has an a humanitarian issue to one of border protection. obligation to provide international refugee The immigrants who were originally regarded as protection, makes Australia as paradise for the one of the factors of progress and development asylum seekers.2 As a country which ratified the as the Australian state were then seen as Geneva Convention 1951, Australia should be something that could threaten the state trough obliged to grant asylum and refugee status to economic, security, and socio-cultural.6 This asylum seekers who enter the territory of the article also sees that Pacific Solution applied country. However, in its application, the during the leadership of John Howard as an makes policies that are Australian Government policy formulation of contrary to the committee as a signatory to the 3 convention, in acceptance asylum seekers which Katrina Stats, We Will Decide: Refugee and Asylum Seeker Policy during the Howard Era before is known as Pacific Solution policy. Tampa (pp. 16). Australia: University of Adelaide. 2015 Australia tends to choose an 4 Anne McNevin, Beyond : increasingly restrictive policy towards asylum Rethinking Asylum and Refugee Protection in seekers with the justification for safeguarding its Australia and the Region. Local Global Studies in Community Sustainability 8, No. 4. 2010. Accessed national interest, namely national security. October 15, 2013. 5 J. Jupp, From White Australia to Woomera: The 1 Dawn Bolger, Race Politics: Australian Story of Australian Immigration (pp. 134). Government Responses to Asylum Seekers and Cambridge University Press. 2002 Refugees from White Australian to Tampa (pp. 12). 6 Anonymous. Asylum Seekersz and the Legacy of the Australia: University of Western Sydney. 2016 White Australia Policy. 2 Bette Wrighte, Asylum Seeker and Australian Politics 1996-2007 (pp. 47). Australia: University of Adelaide. Asylum Seeker and IMAs. This will be further block the arrival of IMAs. And build explained as the dynamics of politics, especially cooperation with third world countries in the security policies and issues, as well as John South Pacific, namely Nauru and Papua New Howard's focus on maintaining domestic Guinea in forming a center of defense. Howard security stability when he becomes the leader in also made several amendments to the Migration Australia. Act by reducing the right of refugees. Immigrants considered as one of the factors of This article is divided into three the progress and development of Australia state important points in explaining the Pacific are transformed into new dimensions that Solution as Australia[s policy towards Asylum threaten economic, security and socio-cultural Seeker. First, eliminate the migration zone in development. Australia. Second, use the military devices to

Theoritical Framework

Decision-Making Theory

Figure 1: Foreign Policy Decision-making Process William D. Coplin.

Domestic Politics

Economy-military Decision makers

Conditions

International context

To more easily understand the interaction of situation of military and economic of the state, factors that influence the foreign policy including geographical factors which always 7 decision-making process, the writer tries to become a consideration of security defense. describe it into an illustration of figure form as Third, international context is a result of above: foreign politics of all countries in the past, There are three considerations that can nowadays, and a future which are probably be explained. First, domestic politics includes anticipated. In other words, it is a related to the conditions and circumstances of the justified condition of a state which become foreign state who will decide, namely political of the politic purpose and influence of the other state state related to decision, including the cultural which are relevant towards the face problem. factor underlying man[s behavior. Second, military and economic capability is the

7 M. F. Keling, The Malaysian Government‘s Efforts in Managing Military and Defence Development. International Journal of Business and Social Science 2, No. 12, 2. 2011. The foreign policy, in this strategies must be devised to keep under control case, is based on Australia[s system. the movement of such people. The sovereignty defines both what is inside and outside its space, creating the situation whereby its validity is Sovereignity Concept determined. As previously noted that anyone In today[s world, not only are there outside may be a potential risk and threat to the complex issues presented by transnational sovereignty state.10 activities but also with voluntary in involuntary Any group or individual, therefore who movement of large number of people crossing transgresses by crossing state boundaries and national borders. In case of refugees and the moving into another territory, clearly upsets the phenomenon of forced migration present a basic distinction between the internal and the external. upon which to access the effectiveness of They represent the aberrant members of society, sovereignty, nation states and territorial belonging no longer to the state of origin, and boundaries, also the impact these can produce. infringing the laws of sovereignty in the new Carl Schmitt defined sovereignty as who decides host community as non-members.11 According on the state of exception. This concept of to the Haddad, the concepts of sovereignty and sovereignty exception creates for itself a rule separate states within the international system legitimizing the authority of the state, illustrate that as a state grew increasingly guaranteeing the condition of sovereignty, and nationalized, the more important it was to build 8 perpetuating its legitimacy. a strong state to nation bond. However, as In his concept, Carl puts forward a individual or a group, the refugee forces the concept of political realism to explain the world to recognize a spatial distinction between emergence of the sovereignty state its power. here and there. The refugee represents a threat to Using this approach, an enemy must be the nation state and its desire to build a robust, established, for without perceived threat there is balanced society by introducing potential no rationale for a political entity to exist. insecurities, racial and cultural tensions, as well Therefore, a division of the world into separate as logistic and economic challenges. Robert political territories is a necessity, for where there Jackson noted that: is one state there must be others, and where there is another state there must be an enemy. ^Sovereignty is an idea of Hence, sovereignty and the state represent authority embodied in those power and independence within the global bordered territorial system, with aspirations of a strong national organizations we refer to as territory and identity. states or nations and expressed Anything outside the sovereign state in their various relations and poses a potential risk and is therefore an enemy activities, both domestic and of the state. In doing so, the deviant refugee foreign. Sovereignty is at the becomes a misfit and possible threat to centre of the political perpetuating the shaping and reinventing process arrangements and legal of the imagined nation state and its citizens, practices of the modern world. undermining the security and coherence of the sovereignty project.9 To protect the nation state, 10 Ian McAllister, Border Protection, the 2001 Australian Election and the Coalition Victory. 8 Carl Schmitt, Political Theology: Four Chapters on Australian Journal of Political Science 38, No. 3, 9. the Concept of Sovereignty (pp. 13). Cambridge: MIT 2003. doi: 10.1080/1036114032000133985 Press. 1988 11 Banyu Perwita and Yani Mohammad, Pengantar 9 Barry Buzan and Lene Hansen, The Evolution of Ilmu Hubungan Internasional (pp. 131) Bandung: International Security Studies (pp. 16). New York: Rosdakarya. 2006 Cambridge University Press. 2009 State sovereignty is a According to Miles Huberman, classic research fundamental idea of authority methods, the fundamentals of research design of the modern era, arguably and data management are followed by three the most fundamental.12_ ways consisting, collective data, display data and conclusion drawing or verification.15 Sovereignty is essential to economic growth and social prosperity. The fundamental The Pacific Solution as Australia[s Policy of sovereignty are protection and empowerment. towards Asylum Seeker and IMAs While traditional concepts of sovereignty focus Before the Tampa reached the island, on the territorial sovereignty of the state and its however Australian authorities ordered it to vital national interests, sovereignty recognizes remain at least twelve miles offshore, outside that the state has not always been able to assure territorial waters.16 The Australian government, the protection of its citizens. The adoption and alarmed by the growing number of boat people implementation of sovereignty by the Australian arriving (more than 8,300 in the two previous Government would assist in fulfilling the years) saw the ship as the most blatant assault responsibility of states to protect their own yet on Australian sovereignty by the people- citizens, and in strengthening the rule of law in smuggling industry. The cabinet thus decided on states emerging from complex emergencies.13 the morning of August 27 to deny In the case study of Asylum Seeker in disembarkation rights, and Prime Minister John Australia, sovereignty here means justice and Howard argued that the Tampa, under emancipation while connected between domestic , should return to . policy and international environment because of The cabinet was infuriated that the Afghans, the idea of human security is facing two rescued by a Norwegian Vessel and in the component state and human sovereignty.14 On process of being returned to Indonesia, were the other hand, sovereignty is trying to elaborate now intimidating their way to Australia. If they the domination of state to human and individual succeeded, the Tampa would signal his security including problem of social welfare, government[s inability to control the borders, an protection of economic and politics dimension. issue that had been receiving growing attention The Pacific Solution created by John Howard is in Australia. As Howard explained, ^We simply trying to protect the economic and also the cannot allow a situation to develop where dynamic of social and politics in domestic level Australia is seen around the world as a country and also for international. of easy destination._ As a result, the Tampa would not be given permission to land in Methodology Australia or any Australian territories. This research is used the descriptive by To contextualize the People Swap qualitative approach to find the answer of the response, we can trace four waves of boat research question. It takes secondary data as people or irregular maritime arrivals as it was resources of this research with data collection formally known. The first wave of arrivals in technique consisting of books, journals, and 1976-1981, was a relatively small cohort of including data from reliable website which is 2,059 individuals who came mainly from supporting the explanation of this research. on 60 boats. In general, this first wave was received by the Australian public with 12 Mark Beeson, Sovereignty under Siege: Globalization and the State in Southeast Asia (pp. 6). Hongkong: Southeast Asia Research Centre. 2002 13 Richard Mansbach, Introduction to Global 15 Sugiyono, Metode Penelitian Kuantitatif Kualitatif Politics. London and New York: Routledge. 2008 dan R & B (pp. 246) Bandung: Alfabeta. 2011 14 Anak Agung Banyu Perwita P., The Management 16 Ben Saul, Inquiry into Indian and Australia‘s of National Border and Indonesia‘s Security Foreign, Trade and Defense Policy (pp. 12). Problem. 2007 Australia: Centre for International Law. 2012 empathy and genuine concern for their made with Nauru and Papua New Guinea to integration into the Australian society at large.17 establish detention centers for the processing of asylum seekers, thus establishing Australia[s As the number of arrivals increased system of offshore processing. After 2001, the from 1989 to 1998, to the tune of 3,030 arrivals number of asylum seekers arriving by boat on 82 boats in sum, the rise of boat people in the dropped dramatically, with one person arriving second wave was accompanied by a greater in 2002, and an average of 57 people each frequency of detention over longer periods. subsequent year until [s Labor While the majority of arrivals in the second government was elected in 2007. wave were sent back to their home nation, the Based on the historical aspect of issue of boat arrivals became prominent again in Australia's IMA policy, the arrival of the the third wave (1999-2001) as 3,721 arrivals on migration wave has taken place since the 1940s. 86 boats in 1999 alone, followed by 2,939 However, in 1999 Australian political conditions arrivals on 51 boats in 2000, and 5,515 arrivals began to be affected by the turmoil of the IMA on 43 boats in 2001 necessitated a stronger issue due to the coming wave of migration by response, characterized by the and asylum seekers from the Middle East. The the subsequent, Pacific Solution.18 Tampa incident in 2001 was the turning point The Tampa Affair unfolded in August for the implementation of a series of restrictive 2001 when John Howard[s government refused policies on the IMA under the reign of John the Norwegian shipping boat, the MV Tampa, Howard. The main problem with this incident permission to dock on the Australian territory of was the Australian government's refusal of the after rescuing a sinking boat of placement of 433 asylum seekers (mostly from asylum seekers on Australia[s request. What ) who were rescued by Norwegian ensued over the following days was a standoff, freighter carriers on the high seas. until Howard[s implemented The Howard Government implements a 19 the poorly-termed policy, the Pacific Solution. Pacific Solution policy that includes the The Pacific Solution encompassed three detention of boats carrying asylum seekers key features. Firstly, certain territories notably before they enter the Australian migration zone Christmas Island, Cocos Island and Ashmore and resettlement for those who have been Reef were excised from Australia[s migration confirmed as refugees. This policy is the pioneer zone, meaning that when landing on these of an offshore processing center, a detention islands, asylum seekers could not apply to center for asylum seekers in Australia's offshore Australia for refugee status. Secondly, the areas as well as in other countries to secure government was granted powers that allowed the Australia's border area from asylum-seekers Navy to interdict asylum seekers heading to arriving. This policy complements Temporary Australia by boat. Finally, arrangements were Protection Visa (TPV) for asylum seekers whose arrival is unlawful to Australia but is 17 Reza Hasmath, Deterring the Boat People: subsequently designated as a refugee.20 Explaining the Australian Government‘s People Swap Response to Asylum Seeker (pp. 3). Working Howard made a policy called as Pacific Paper No. 103 Center of Migration, Policy, and Solution that is the displacement of the asylum Society. University of Oxford. 2013. 18 Ichila Eyalama, Australia‘s Asylum Seeker Policy seeker to detention centers spread across 2007-2015 (pp. 22). RMIT University: School of archipelagic countries in the Pacific Ocean. One Global Urban and Social Studies. 2015 of the policy application strategies is Relax 19 Savitri Taylor, The Pacific Solution or a Pacific Nightmare? The Difference Between Burden Shifting and Responsibility Sharing (pp. 13) 20 Rizka Prabaningtyas, Dampak Kebijakan IMA Australia terhadap Hubungan Australia-Indonesia Kontemporer. Jurnal Penelitian Politik 12, No. 1. 2015. Operation, which is an Australian border In section 4AA of the Detention Act the protection strategy on the high seas by government affirms the general principle that a intercepting, detaining, and preventing ships minor shall only be detained as a measure of last from carrying people who want to enter resort. In addition, the Act grants the Australia without a visa. Although the policy Immigration Minister the discretion to make a was ever dismissed at the turn of leadership determination that a detainee is to reside at a during the reign of Kevin Rudd (Labor Party) place other than a detention center, if it is year 2007, in the end, the same policy in considered in the public interest to do so. In its Howard's period was reinstated during the reign Explanatory Memorandum, the government of with a framework of police indicated that it would only use this power when Operation Sovereign Border. families are involved and would impose In a radio interview in 2002, the Prime unspecified, unlimited conditions upon release. Minister John Howard spoke of the success of Although under the Detention Act more people the Pacific Solution in deterring asylum-seekers, have been released from detention, many have stating: far from being a failure, the Pacific criticized the practical effect of the Detention Solution has made some contribution towards Act as it appears that it contains no extra the slowing down in the number of people who compulsion or mechanisms to force the are coming to this country.21 In the long run, of government to do anything they don't want to course, the answer is to get a situation where do. Indeed, Prime Minister John Howard people don[t endeavor to come here illegally in acknowledges that these changes are merely the first place. Mandatory detention and the mandatory detention system with a softer edge. Pacific Solution[s policy have received much In effect, the Australian Government is still domestic and international criticism. aiming to deter people. Dissatisfaction with the government[s policies Despite dismantling many of these regarding asylum- seekers can also be found initiatives when it came to power in 2007, the within Prime Minister John Howard[s own Labor government gradually started . reintroducing them.22 At first, it seemed to do so Recently, rebel members of the Liberal with a humanitarian agenda, shifting the rhetoric Party are unhappy with the Prime Minister[s from stopping the boats to saving lives at sea. In policies on mandatory detention which the end, though, it adopted many of the same introduced two private members[ bills into the draconian policies as the Howard government, House of Representatives. If passed, these bills despite promises that it would never replicate would have brought Australian law into them because of their inhumanity, illegality and conformity with the UNHCR guidelines by ineffectiveness. permitting the detention of asylum-seekers only It will rarely be safe, or legal, to turn when necessary, for example, to verify a back boats. This is because of the immediate risk posed to the lives of those on board these person[s identity. Wishing to retain mandatory typically unseaworthy vessels, as well as the detention, Prime Minister John Howard danger that refugees may be returned to negotiated a compromise with the rebel Liberal persecution or other forms of serious harm. Past Party members culminating in the Migration experience shows that a policy of turning back Amendment (Detention Arrangements) Act boats is fraught with significant risks. Under the 2005 (Detention Act). Howard government, seventeen boats were intercepted but only five were turned around.

21 Emily Flahive, National Identity Crisis: The Politics of Constructing National Identity and 22 Jane McAdam, Australia and Asylum Seekers. Mandatory Detention of Asylum Seeker in International Journal of Refugee Law 25, No. 3. Australia and Japan. 2013. The Australian Navy had to deal with threats tough border policy using the humane and noble and acts of self-harm, aggression towards logic that it prevents people from dying at sea members of the boarding party, and acts of and puts an end to the exploitation of desperate sabotage to the boats. souls by people smugglers. It is far more Consistency in Australian policy on the difficult to estimate the number of individuals issue of boat arrivals has been evasive since who no longer have a viable pathway to a 2001. The last four Australian federal elections Zdurable solution[ now that Australia has shut the have led to reformulations of the country[s door. Though the current policy meets its most asylum and border policies. John Howard, Kevin practical objective of Zstopping the boats[, it is Rudd, , and now Tony Abbott have neither a stable nor a viable long-term policy each deployed a different asylum and border regarding Asylum Seekers in Australia. policy from their predecessor. The task of developing a long-term policy on the matter is Asylum policy in Australia has now certainly daunting. One would be hard-pressed come full circle with the [s to identify an issue more closely identified with reintroduction of off-shore detention and other the intersection of human rights and state deterrence policies reminiscent of the Howard sovereignty than mixed or irregular migration era. The tension between the sustainability of a humane policy and the legitimacy of a unilateral Recent years have seen numerous deterrence regime remains, however. In the changes to Australia[s refugee and asylum worst-case scenario, Australia will repeat the seeker policies, largely as a political response to policy cycle of the last 15 years, with slight an increase in the number of asylum seekers variations. There are already signs of this. The arriving in Australia by boat recorded about current policy has succeeded in Zstopping the 51,637 arrivals in the five years to December boats[ and removing the issue from mainstream 2013 and a consequent increase in deaths at sea politics, but it is running into serious legitimacy between Indonesia and Australia at least 862 concerns.25 While the numbers of asylum deaths recorded over the same period.23 Both of seekers arriving to Australia by boat have Australia[s major political parties have increased over the last year and do present attempted to address this issue through challenges, one should not lose sight of the deterrence-based policies which blocks access to reality that such challenges are modest by protection in Australia and impose penalties on international standards that Australia is more people who arrive by boat. than sufficiently placed to manage such increases in accordance with legal obligations it This case study linkage with the Abbott has voluntarily assumed. Moreover, it must be government[s Operation Sovereign recognized that rights afforded to refugees under Borders policy appears to have stopped irregular the Refugee Convention and other key treaties maritime arrivals to Australia. In the first six are not abstract humanitarian concepts for months of 2013, 13,108 individuals arrived by Government[s to cherry pick at their pleasure. boat, while during the first half of 2014 under As recognized by the High Court in M70, they the Abbott Coalition Government there were no are tangible legal rights which must inform the 24 boat arrivals. The Government justifies its ambit and scope of statutory powers exercised

23 Asylum Reports, Recent Changes in Australian Refugee Policy, Australia: Refugee Council of Australia. 2017. 24 Jonathan Kent. (2014). The Politics of Australian Asylum and Border Policy: Escaping the Duelling rights/2014/10/15/the-politics-of-australian-asylum- Paradigm, accessed March 2, 2018. and-border-policy-escaping-the-duelling-paradigms/ http://asiapacific.anu.edu.au/regarding- 25 Ibid. by the Government with respect to asylum responsibility to its neighbors will affect its seekers.26 international reputation and political relationships with key regional nations as it has Thus, if Australia is to engage in done in the past. offshore processing under section 198AB of the Migration Act, it is clear that such an Moreover, coupled with the New arrangement must accord with Australia[s Strategy[s overt failure to provide asylum international obligations. In particular, for the seekers with effective protection in order to Minister[s declaration under section 198AB deter them arriving on our shores, its policy of designating Nauru and PNG as regional no advantage is incapable of satisfying the processing countries to be valid, his belief that minimum legal conditions required for offshore such designation is in the national interest must processing to be lawful. In the circumstances, be made in good faith as part of a legitimate the New Strategy cannot be said to have been burden sharing arrangement to more fairly made in good faith or in Australia[s national distribute responsibilities rather than deflect interest. As recent trends in international and them. Unfortunately, for all concerned, current domestic jurisprudence demonstrate, if the arrangements in Nauru and those proposed for Government does wish to lawfully engage in PNG fall short of the requisite minimum offshore processing, such strategy would need to conditions for such declaration to be valid. The be conducted in accordance with Australia[s New Strategy does not in fact provide a solution international obligations. The legal framework to irregular migration within the Asia-Pacific outlined above sets out in precise terms what Region beyond addressing Australia[s own would practically need to be satisfied for that to political concerns.27 As recent figures strongly occur. Whilst these conditions may appear suggest, deterrence policies are incapable of onerous, their satisfaction will far outweigh the preventing people fleeing persecution from legal and political ramifications which are likely embarking on dangerous journeys to Australia to to be suffered if this Government or the next secure protection for themselves and their fails to act in accordance with the rule of law. families. To suggest otherwise is to misunderstand the causes of refugee flight at its Building Cooperation with Asia Pacific highest, all that offshore processing is Offshore Countries and Amendments to the Migration Processing and Australia[s International Law Act Obligations.28 Australia will not be able to execute its own IMA policy without attempting to map out Likely to achieve is a redirection of and see the influence of the existence of the irregular migration to Australia[s neighbors who countries around it. Australia is concerned to bear the responsibility for a disproportionately establish good relations with its Asia Pacific high number of irregular migrants.29 While such neighbors in transit for IMA so that the country an outcome might be welcomed by some, it is has a justification for raising the urgency of the important to bear in mind that Australia does not IMA issue at the regional level. This is actually exist within a political vacuum. Its treatment of a very important thing for Australia to realize asylum seekers and any deflection of Australia's security interests in the handling of IMA. The initial effort initiated by Australia to

26 Riona Moedley, The Revival of The Pacific work with Indonesia on IMA's handling is the Solution; An Analysis of The Legal Parameters of Bali Process on People Smuggling, the Bali Offshore Processing in Australia (pp. 28). Process. The domestic political context of 27 Ibid. Australia at the time this policy was initiated 28 Kazimierz, et al., A Price too High; The Cost of Australia‘s Approach to Asylum Seekers (pp. 8-12). was a major concern due to the increasing Australia: Oxfam. 2007. number of IMAs working towards Australia. 29 Ibid. The IMA is feared to be a threat to Australia's Cooperation with post-conflict national security because it has the potential to Indonesia due to IMA case in 2001 was able to pave the way for people smuggling and the entry reduce post Tampa conflict. It also shows that in of terrorism. Australia's security and defense strategy, The Bali Process became Australia's Indonesia is not just a neighboring country, but a first road to raise the issue of asylum seekers to strategic partner. Australia's success in lobbying the regional level, while strengthening its with the Indonesian government to increase its network of cooperation with Indonesia. This is awareness of irregular migration is at least because, as expressed by Joseph H. Douglas and accomplished through an Indonesian initiative Andreas Schloenhardt, there is a tendency for supported by some sending countries at the countries in Southeast Asia and the Pacific to multilateral level through the have no urgency similar to Australia to take Declaration in the Special Conference on action to combat people smuggling.30 Indonesia Irregular Movement of Persons in Jakarta on 20 is a very crucial country for Australia because August 2013. When viewed from Indonesia's Indonesia's geographical position is often used perspective, the Declaration became an by IMA actors to transit before reaching important step forward for the handling of Australia. It appears that from the beginning of asylum seekers as it successfully formulated Australia at that time led by John Howard several collective agreements to address the (Coalition Party) to build a regional framework conditions that led to the human smuggling and with the aim of assisting his country in solving . the IMA problem aligned and identified with security threats such as smuggling and If followed up quickly and accurately, trafficking. It is clear that the foundation for the the Jakarta Declaration can be an important step establishment of the Bali Process is for Australia for Indonesia's leading role in the region in to prevent IMA upgrading at that time. Not anticipation of the rapid flow of IMA in the surprisingly, if the dimensions of protection and future. However, it is important to note that the humanitarian consideration of asylum seekers Jakarta Declaration is full of Australian coming from the new sea lanes are seen interests. Increasing urgency and attention to implicitly in the initiation of the Bali Process. human smuggling cases in the region does not necessarily arise due to the problems caused by In addition, Australia also provides IMA in Indonesia, but on the interest of funding support channeled through the Australia to make Indonesia a buffer country. So International Organization for Migration (IOM). even if Australia is in a position to support the This fund is provided to support the Indonesian-initiated Declaration, there is an implementation of the Regional Cooperation indication that the Declaration demonstrates Arrangement (2001) and the Management and Australia's success in inserting its national Care of Irregular Immigrants Project (2007) security agenda into the interests of Indonesia programs. The main objective of this policy which are then appointed to the regional level.31 program is to reduce the number of people The Migration Act now allows for offshore reaching Australian territory. The enactment of entry persons to be taken to declared countries. this policy has consequences for Indonesia, However, after procuring the insertion of the namely the necessity to arrest people who are declared country provisions into the Migration considered illegally intending to travel to Act, the government was still faced with the task Australia and then refer it to IOM Indonesia for of finding countries willing to become declared processing in Indonesia.

31 Richard, Tanter, Shared Problems, Shared Interest, 30 Ossie Carr, Australia as a Middle Power in the 2012, accessed March 2, 2018. http://nautilus.org/wp- Asia Pacific (pp. 142). Australia: University of content/uploads/2012/10/Tanter_Reframing-revised- . 2012. 22-Feb-2012_final.pdf countries. Unsuccessful approaches were made At about the same time Australia was to , French Polynesia, Palau, , and also pressuring Nauru to host yet more asylum Tuvalu throughout September and October seekers. On December 2001, Australia and 2001.32 Fortunately for the government; it had Nauru signed a MoU which replaced the enough success to prevent its Pacific Solution previous agreements between the two countries from immediately collapsing. and pursuant to which Nauru agreed to host up In 1992 Parliament enshrined to 1,200 asylum seekers at a time. One last Australia[s policy of mandatory detention in the success allowed Australia finally to call off its Migration Reform Act 1992 which amended the search for asylum seeker accommodation (Migration Act).33 Under options. In January 2002, it procured an sections 189 and 196 of the Migration Act, agreement with Papua New Guinea to host up to immigration officials must detain all non- 1,000 asylum seekers. Because of their citizens who are unlawfully in Australia until agreements with Australia, Nauru and Papua they either deport the unlawful entrants or grant New Guinea are now declared countries. them permission to remain in Australia.34 In The transformation in Australian policy 2001, the Australian government passed is the most dramatic by a democracy to combat amendments to the Migration Act to enact its the ever-increasing flow of asylum-seekers that ZPacific Solution[ policy.35 These amendments began a decade ago. As right-wing anti- prohibit asylum-seekers who arrive in prescribed immigration sentiment gains influence across parts of off-shore Australian territory from Europe, and the United States moves towards making applications for Australian visas. tougher policies against asylum-seekers and Instead, the government takes asylum-seekers to illegal immigrants as part of its new war against either Nauru or Papua New Guinea to detain terrorism, the Australian experience offers a them whilst authorities assess their claims for template of how intricate new forces may well asylum. On September 10, 2001, Nauru signed a play out. There is an urgent conclusion drawn: Statement of Principles and First Administrative democracies need a deeper, more informed Agreement (FAA) with Australia agreeing not public debate to balance border protection with only to host 283 of the Tampa asylum seekers, human rights. The refugee issue is here for the and 237 other asylum seekers intercepted by the long haul t asylum- seekers are driven by Australian Navy, but also to consider Australian ongoing disintegration of dozens of requests to host further groups of asylum impoverished states and the quest for a better seekers. On October 11, 2001, Australia and life in the developed world. The Howard Papua New Guinea signed a Memorandum of government[s re-election offers convincing Understanding (MoU) pursuant to which Papua evidence that, for a compassionate refugee New Guinea agreed to host an identified group policy to work, it must be sustained by a of 225 asylum seekers and to consider hosting national interest rationale and that press further groups of asylum seekers.36 advocacy for these policies based solely on humanitarian grounds will not prevail. This project argues further that the lesson from the

32 Savitri Taylor, The Pacific Solution or a Pacific Australian experience is that the international Nightmare? 2004. press needs to help re-frame the global refugee 33 Peter Billings, Whither Indefinite Immigration issue, not solely as a contest between tolerance Detention in Australia, Law Journal 38 (4), 2. and intolerance, but as a serious 21st century 34 Peter Prince, The Detention of : Legal Issues (pp. 8). Australia: . challenge to the liberal democratic state between 2005 competing ideas of universal human rights and 35 Flahive, op. cit. 24 the expression of voters[ demands that 36 Rachel Carter, For Those Who Have Come Across the Seas (pp. 5-6). : University of governments tighten borders in the name of Otago. 2016 sovereignty. Australian politics is conspicuous for its structural stability, with the long-standing Tampa people would never set foot on Australia party contest between the conservative Liberal or its territories.39 and National Coalition in opposition to the liberal . In March 1996, Second, a new refugee jurisdiction was the Liberal government was returned to power created. This new regime applied henceforth to under the leadership of John Winston Howard, all people arriving at the ^offshore territories_ an under-estimated mixture of economic liberal, (Christmas Island, Ashmore Reef and the Cocos social conservative and calculating populist. or Keeling Islands), which effectively meant all the boat people. They would be labeled an Border protection, however, constitutes ^offshore entry person_ and would in effect be a more enduring element of Australian excluded from Australia[s obligations under nationalism t the idea of the continent as the international refugee law. Such people even nation. It is also an appeal to national security after processing in South Pacific islands would because the seas that surround the continent can thus never be eligible for permanent residence in be monitored and unwanted arrivals detected in Australia, regardless of their refugee status.40 a way that is impossible for most nations with Instead, they would only be entitled to a land borders. Border protection thus remains temporary protection visa limited to between integral to how Australia relates to the world and three and five years. After that, their ability to that worldview, as argued previously, is return to their homeland would be re-assessed. embedded in the post-war immigration Their families would never in any case be able program.37 to join them in Australia. This was a regime calculated to dissuade asylum-seekers arriving First, the government reached by boat but happened to be a definition of border agreements with several South Pacific nations to protection manifestly in conflict with Australia[s accept for processing the Tampa boat people as international obligations under the 1951 well as any future boat people who arrived on Convention. Australian territory. While New Zealand as a close neighbor took a number of the Tampa Third, people smugglers involved in the asylum-seekers, Australia used financial trade to Australia would face harsher penalties: a incentives to persuade weak states such as minimum of five years in prison and up to 20 Nauru and Papua New Guinea to cooperate with years for a first offense, with harsher provisions its so-called Pacific Solution.38 The Pacific for a second offense. Fourth, people arriving by Solution meant that asylum-seekers who landed boat with no documents despite having traveled on the Australian territories henceforth would be through several countries en route t would have immediately consigned offshore to these islands adverse conclusions drawn against them, thereby for processing. As the first step, the people on making refugee status much harder to obtain.41 board the Tampa were transferred at sea to Australian naval vessels and then transported to Fifth, any judicial efforts to expand the various South Pacific destinations enabling definition of the term refugee as well as the right Howard to keep his original pledge that the of Federal Court and the High Court to review refugee determination decisions at the

39 Anonymous. Australia Pacific Offending human 37 Kelly Paul, The Race Issue in Australia‘s 2001 dignity the Pacific Solution. Election: A creation of Politicians or Press. 40 Lorraine Elliott et al., Australian Foreign Policy Harvard College. 2002 Futures: Making Middle Power and Leadership 38 Rahma Wulandari, Bantuan Luar Negeri Australia Work. Canberra: ANU Press. 2008 dalam Mengatasi Krisis Ekonomi Nauru 2001- 41 James Cotton and John Ravenhill, Middle Power 2007. Jurnal Analisis Hubungan Internasional 5, Dreaming: Australian Foreign Policy during the No 3. 2016. Rudd and . administrative level were restricted; and. class that was humane, consistent with Australia[s action suits against unfavorable decisions were legal obligations and moral responsibility. The prohibited. These measures reflected the press was concerned that Howard[s real goal was executive[s hostility towards judicial to engineer his re-election. The government and interpretation that it saw as frustrating the quality press, in short, were talking past each government policy by permitting asylum-seekers other to different constituencies. a de facto permanent status via protracted legal appeals. Conclusion The issues of border security, domestic The sixth arm of Howard[s new policy, political conditions, and international response however, quickly became the most visible to the that threatened Australia since the Tampa Australian people t the deployment of the tragedy convinced Howard to issue a policy of Australian military to intercept boats carrying Pacific Solution in order to maintain political potential asylum-seekers. This operation would stability related to election also to save state cause intense dispute within the military forces budget expenditure. This Pacific Solution policy and guarantee a media watch for new boats is deemed capable of reducing the right of during the election campaign. In contrast, while refugees by not allowing applying for visas, the Labor party externally painted itself as the including asylum applications. more centrist and compassionate party, any Pacific Solution is the transfer of asylum actual foreign policy changes on these issues seekers to detention centers spread across the were minimal. On the surface Labor ended the island countries in the Pacific Ocean. One of the Pacific Solution and abolished temporary policy application strategies is Open Relax protection visas, but in practice it retained the which is the strategy of border protection of Migration Zone set up by the Howard Australian territory on the high seas by government, which included the mandatory intercepting, detaining, and preventing ships detention of all people entering illegally by carrying people who want to enter Australia. A sea.42 Furthermore, despite the fanfare large number of immigrants entering Australia surrounding the end of the Pacific Solution, by boat are considered to be able to increase the Labor moved to setup a Zregional processing amount of State expenditure budgets thus center[ first in Timor and then again in Malaysia, impacting the lack of budgets for community both of which had many similarities with the service. Howard policies. In short, rhetoric was the main Pacific Solution applied during the difference, with each party appeasing a certain leadership of John Howard as an Australian domestic bloc and framing their policies to suit. Government policy formulation of Asylum This analysis also shows that the government Seeker and IMAs. This will be further explained and the press framed the issue in crucially- as the dynamics of politics, especially security different ways. For the government, the boat policies and issues, as well as John Howard's people were a threat to Australian sovereignty, focus on maintaining domestic security stability its border security and the democratic right of its when he becomes a leader in Australia. This people to determine who came to their country. paper wants to emphasize that Pacific Solution The boat people posed a humanitarian challenge applied during the leadership of John Howard as that needed to be met within the terms of an Australian Government is a policy to Australia[s traditional refugee policy in a way formulation the number of Asylum Seeker and IMAs. Results explanation of the policy and decision-making process in this article may 42 Wayne McLean, Power and Ideas in Australian experience a difference if written by other Foreign Policy. Australia: University of researchers which notice from a different Tasmania. 2012 perspective.

Recommendation relation policy development processes and After completing the research paper implementation of policy decisions. The about Howard foreign policy towards Asylum government needs to re-establish facilities in the seeker, we think that Australia should move Pacific once the details are negotiated and immediately to establish facilities in Nauru and agreed to by the government of the Nauru and Papua New Guinea for the processing of Papua New Guinea. Australia is need to protection claims by IMAs to Australia. In improving oversight, along with some addition there are a range of conditions that need involvement of non-government organization in to be fulfilled for the safe and lawful turn back the monitoring of the implementation in Nauru of boats carrying Asylum Seeker. This and the ability to bring people who are suffering engagement needs to embrace more particular vulnerabilities to Australia. comprehensive and cooperative arrangement in

References

Anonymous. Asylum Seekers and the Legacy of Flahive, Emily. National Identity Crisis: The the White Australia Policy. Politics of Constructing National Identity and Mandatory Detention of Asylum Anonymous. Australia Pacific Offending human Seeker in Australia and Japan. dignity the Pacific Solution. Gibson, R, McAllister, I, and Swenson, T. Bolger, Dawn. (2016). Race Politics: Australian (2002). The politics of race and Government Responses to Asylum Seekers immigration in Australia: One Nation and Refugees from White Australian to voting in the 1998 election, Ethnic and Tampa. A Thesis for Degree of Doctor of Racial Studies. Philosophy, School of Humanities and Communication Arts. Australia: Hasmath, Reza. (2013). Deterring the Boat University of Western Sydney. People: Explaining the Australian Government‘s People Swap Response to Buzan, B. and Hansen, L. (2009). The Evolution Asylum Seeker. Working Paper No. 103 of International Security Studies. New Center of Migration, Policy, and Society. York: Cambridge University Press. University of Oxford.

Carr, Ossie. (2012). Australia as a Middle Jupp, J. (2002). From White Australia to Power in the Asia Pacific, Australia: Woomera: The Story of Australian University of Canberra. P; 142 Immigration. Cambridge University Press. Kazimierz, et al. (2007). A Price too High; The Cotton, James and Ravenhill, John. Middle Cost of Australia‘s Approach to Asylum Power Dreaming: Australian Foreign Seekers, Australia: Oxfam. Policy during the Rudd and Gillard Keling, M. F. (2011). The Malaysian Government. Government‘s Efforts in Managing Elliott, Lorraine at al. (2008). Australian Military and Defence Development. Foreign Policy Futures: Making Middle International Journal of Business and Power and Leadership Work. Australia: Social Science. ANU. Kelly, Paul. (2002). The Race Issue in Eyalama, Ichila. (2015). Australia‘s Asylum Australia‘s 2001 Election: A creation of Seeker Policy 2007-2015. RMIT Politicians or press. Harvard College University: School of Global Urban and Mansbach, Richard. (2008). Introduction to Social Studies. Global Politics. London and New York: Routledge. Mcadam, Jane. (2013). Australia and Asylum Richard, Tanter. (2012). Shared Problems, Seekers. International Journal of Refugee Shared Interest accessed via Law Vol. 25 No. 3. Oxford University http://nautilus.org/wp- Press. content/uploads/2012/10/Tanter_Reframi ng-revised-22-Feb-2012_final.pdf March McAllister, I. (2003). Border Protection, the 2, 2018. 2001 Australian Election and the Riona, Moedley. The Revival of the Pacific Coalition Victory. Australian Journal of Solution; An Analysis of The Legal Political Science Vol. 38 No. 3. Parameters of Offshore Processing in McLean, Wayne. (2012). Power and Ideas in Australia. Australian Foreign Policy. Australia: Saul, Ben. (2012). Inquiry into Indian and University of Tasmania. Australia‘s Foreign, Trade and Defense McNevin, A. (2010). Beyond Border Control: Policy. Australia: Centre for International Rethinking Asylum and Refugee Law. Protection in Australia and the Region. Savitri, Taylor. The Pacific Solution or a Pacific Local Global Studies in Community Nightmare? The Difference Between Sustainability, Vol. 8, Accessed October Burden Shifting and Responsibility 15, 2013. Sharing. Perwita, Banyu and Yani Mohammad. (2006). Pengantar Ilmu Hubungan Internasional. Schmitt. Carl. (1988). Political Theology: Four Bandung: Rosdakarya. Chapters on the Concept of Sovereignty (Cambridge, Mass: MIT Press. P; 13. Perwita, Banyu. (2007). The Management of National Border and Indonesia‘s Security Smith, Michael and Whelan, Jacqueline. Problem. Advancing Human Security : New Strategic Thinking for Australia. Peter, Billings. Whither Indefinite in Australia, Law Journal Vol. Stats, Katrina. (2015). We Will Decide: Refugee 38 (4). P; 2 and Asylum Seeker Policy during the Peter, Prince. (2005). The Detention of Howard Era before Tampa. Australia: Cornelia Rau: Legal Issues, Australia: University of Adelaide. Parliament of Australia. P: 8 Sugiyono. (2011). Metode Penelitian Kuantitatif Kualitatif dan R & B. Bandung: Alfabeta. Prabaningtyas, Rizka. (2015). Dampak Kebijakan IMA Australia terhadap Wrighte, Bette. Asylum Seeker and Australian Hubungan Australia-Indonesia Politics 1996-2007. A Master Thesis of Kontemporer. Jurnal Penelitian Politik Politics and International Studies, School Vol. 12 No. 1 Universitas Hasanuddin of History and Politics. Australia: Makassar. University of Adelaide.

Rachel, Carter. (2016). For Those Who Have Wulandari, Rahma. (2016). Bantuan Luar Come Across the Seas, New Zealand: Negeri Australia dalam Mengatasi Krisis University of Ekonomi Nauru 2001-2007. Jurnal Analisis Hubungan Internasional Vol 5 No.3