The Boat People Policy - Coursework Example

The Boat People Policy Name: Institution: The Boat People Policy The Australian government has faced the problem of unauthorized persons known as boat people since the arrival of the first group in 1976 (McMaster, 2001). The boat people are predominantly from Asian countries with factors such as search for better economic conditions, queue jumping and protection reasons, and accounting for the immigrations. The arrival of the boat people continues to arouse great fear among the Australians as well as posing great threat to the security of the country amid the terrorism fears across the globe. Owing to the increasing number of the boat people and the discomfort among the Australians over their number, the government has overtime establishment and reviewed existing policies on immigration. Detention as a policy has been applied as a political instrument of deterrence despite raising issues on its violations on international human rights and the act of discrimination. The influx of boat people compelled the government to exercise its mandate as provided in the immigration law that permits detention for undocumented foreigners that enter and try to reside in Australia without visa or entry permit (Hocking & Guy, 2010). The policy conforms to the independence canons that give the government to guard the country’s sovereignty, which cushion Australian other governments as enshrined in international laws. The law allows governments to specify which illegal immigrants should be granted asylum and the conditions within which asylum is refused to the non-citizens (O’Doherty & Lecouteur, 2007). Despite boat people representing a small percentage of all arrivals in Australia, the media continues to create controversial tales as regards the topic of the immigrants. Recent developments on the boat people policy include debates surrounding the proposed processing of asylum-seekers onshore. The boat people policy that provides for mandatory detention of all boat people has been met with mixed reactions with some of the Australians advocating for better treatment of such people rather subjecting the detention process (Moreton-Robinson, 2004). This assay explores the boat people policy to determine its components, impact on the people and provides recommendations on possible changes on the policy. Overview of the Policy According to McDougall and Fletcher (2002), the term ‘boat people’ in Australia is applied to differentiate illegal immigrants arriving in the by boats from other asylum seekers who arrive in the country by plane. The use of this term has resulted into treatment of the boat people differently from other asylum, particularly through the establishment of the mandatory detention policy for the boat people. Following the increase in the number of boat people arrivals as from the 1976, the Australian government isolated the detention policy from the immigration policy to warrant significant deterrence on the boat people (McMaster, 2001). Although different political groupings have expressed support for the boat people policy, other groups and social activists have expressed great criticism on the policy with the view that it demonizes and dehumanization the issue of seeking asylum in Australia (McDougall & Fletcher, 2002). Political groups in support of the boat people policy that demands for mandatory detention have applied the terrorism and security issues to justify the punitive treatment of the boat people. The mandatory detention practice applies to all people arriving in Australia by boat regardless of the reasons behind their departure from their motherland. The boat people policy has been describing as the ‘othering’ policy owing to its aim of isolating the boat people from other asylum seekers in order to subject them to different treatment (McDougall & Fletcher, 2002). The ‘othering’ concept is applied to enable the government evade repercussions from the international community or simply evading the application of the international law on asylum seekers on the treatment subjected to the boat people. Since the boat people may not be directly covered under the immigration policy, they are subjected to unjustified incarceration based on security and illegal immigration. The Australian government supports its isolated policy on boat people through emphasis on their illegal nurture of arrival, queue jumping, and their malicious attempt to take advantage of the privilege offered by the government to genuine asylum seekers (Collins, 2003). The government has strongly supported its position in imposing mandatory detention for boat people through assertions that the boat arrival tactic is not representative of genuine people hence the international community should not pressurize the government to accept illegal immigrants on the humane basis. Despite, the stand taken by the Howard government against the boat people, these people continue to gain favor in the eyes of some Australian people who oppose the policy on the basis that it leads to suffering of innocent people including children who deserve state protection. The Boat People Policy Impact Implementation of the boat people policy affects the local and the internal community as well as the Australian government in varied ways. The policy has had significant effects on deterring illegal immigration into Australia for the fear of the mandatory detention subjected to all boat people regardless of the reasons for immigration (Kouzmin & Hayne, 1999). The Australian government continues to face numerous challenges associated with increased number of refugees and undocumented immigrants including economic, political, social and environmental negative impacts. The policy has been crucial in addressing the issue of insecurity and terrorism in the country as the tough measures put in place through the policy implementation serve to deter the number of boat people arriving in the country. The September 11 terrorist attack aftermath has particularly played a critical role in creating a link between immigration and terrorism thereby leading to increased surveillance along the Australian borders. The link has seen a strong wave of the notion that boat people are actually terrorists from without leading to strengthening of the policy of limiting the admissibility of the boat people into the country (Collins, 2003). Although the policy plays a great role in enhancing the governments’ efforts to protect Australians from the threat of terrorism, it has significantly affected the international community. Implementation of the boat people policy has played a critical role in creation of the increased potential for misunderstanding of the reality about refugees, people seeking asylum, and boat people (Pedersen, Watt and Hansen, 2006). According to Pedersen, Watt and Hansen (2006), a great number of Australians harbor negative attitudes and beliefs about refugees and other asylum seekers, a phenomenon attributable to the government policy that recognizes boat people as threat to the well-being of the Australians. The policy has contributed to the social categorization of people entering the Australian borders with boat people falling victims of the social categorization. According to O’Doherty and Lecouteur (2007), certain forms of categorization encourage and support subjection of certain groups of people to unfair treatments as evident from experienced by boat people. The policy has led to marginalization practices towards people seeking asylum Australia who arrive by boats rather than by airplanes. The social categorization practice has led to the recognition of asylum seekers as either illegal immigrants or boat people depending on the means of arrival but not the reasons for leaving their native countries. In order to advance the intentions of establishing the boat people policy, the Australian government has cushioned itself from any form of judicial actions through making it impossible for the boat people to appeal the decisions taken by the government such as the mandatory detention and forced deportation. Despite some of the actions taken under the policy breaching fundamental human rights such as freedom from discrimination, various judicial reviews have made it difficult for the asylum seekers to seek justice under the Australian judicial system. The policy has made asylum seekers subjects of the slings and political fortune with their fate left at the mercies of politicians rather than the rule of law (Hocking & Guy, 2010). Although the number of refugee and special humanitarian entrants has declined, there has been an increase in the number of onshore protection permits has increased with some of the visas granted to people who arrive by plane on visitor visa, but later claim asylum new to the notion created by the boat policy. According to Kouzmin and Hayne (1999), the consequences of this policy approach are that the boating immigrants are actually judged and sentenced long before their plights are interrogated and determined fairly. The boat people through detention are denied the human rights granted to criminals through bail as well as denial of the right to express their concerns. In addition, other common injustices attributed to the boat people policy include the unavailability of professionals such as psychiatrists that can help alleviate suffering especially from trauma and torture in the detention camps, extreme isolation of the site and communication barriers that are exacerbated by lack of people that can interpret (Pedersen, Watt &Hansen, 2006). The policy also denies community and people of good will the opportunity to assist such people through inaccessibility of the detention center to community and support groups. The negative beliefs associated with implementation of the boat people policy have poor response to issues affecting the boat people such as boat accidents leading to deaths of many boat people whose lives could have been saved with a more humane policy on these people. The boat people policy has in many cases led to the suffering of genuine asylum seekers in the camps including putting the lives of innocent children at risk. Legal and Ethical Issues Surrounding the Policy and Recommendation The boat people generally violates international human rights through the subjection of the boat people to unjustified detention. The mandatory detention of people arriving by boats in Australia amounts to violation of the Australian discrimination act which determines equal treatment of all people regardless of their diversity (Collins, 2003). The policy has further resulted into social categorization of asylum seekers based on their mode of arrival with asylum seekers arriving by plane getting preference for the asylum permits while the boat people getting mandatory detention before their case are determined. The policy not only violates the internal laws of the country but breaches provisions by the international laws that provide every individual the right to seek asylum in any country of their choice. The concept of subjecting boat people to suffering without determination of their case is in itself unethical and illegal. Implementation of the policy has contributed to the deaths of many innocent people through boat accidents and neglect by government rescuers. The state further gives few chances for promotion of welfare for the immigrants, and limits the dialogue into which the boat people can engage in that would allow them fairness in terms of accessibility to legal assistance and integration into the local community (Moreton-Robinson, 2004). Since the policy plays a critical role in addressing the issue of insecurity and illegal immigrants, the government should improve the policy to avert the illegal and unethical issues emanating from its implementation. The government should align all activities involved in the policy with the provisions of the International Covenant on Civil and Political Rights (ICCP) especially the provision that requires all people in detention to go through a court proceeding (McDougall & Fletcher, 2002). The government should review the importance and applicability of the tenets that guide citizenship statuses when deliberating on social policy provisions especially those that affect the boat people. The government should widen the arena for dialoguing and integration of the immigrants into the wider community before detention in order to identify some of the genuine asylum seekers arriving by boat or among the boat people. Boat people should also be given special treatment especially after determining the grounds for immigration from the departure regions without necessarily arriving at judgments based on travel routes into Australia. Conclusion The boat people policy can be viewed as extract from the provision of the general immigration policy in which the boat people are subjected to different treatment from other asylum seekers. The term ‘boat people’ has been applied to differentiate people arriving in Australia by boats from those arriving by airplane. The policy provides for mandatory detention of the boat people regardless of the reasons behind their immigration. Despite the importance of the policy in controlling illegal immigration in the country and the fear of terrorism, it has received great criticism over its human rights violation, and subjection of the boat people to unjustified detention. Implementation of the policy arouses numerous legal and ethical issues including violation of international human rights and social categorization. The policy has resulted in treatment of some asylum seekers better than owing to the concept of social categorization of the asylum seekers. In order to improve on the boat people policy, the Australian government should align all the policy requirements with international convention on human rights as well as the other ethical standards on the treatment of people. References Collins, J. (2003). Truth overboard: The Australian war on terrorism, boat and ethnic crime. Education Links, 67, 42-45. Hocking, B., & Guy, S. (2009). Constitutional and human rights disturbances: Australia’s privative clauses created both in an immigration context. Human Rights Review, 11, 401- 431. Kouzmin, A., & Hayne, A. (1999). Essays in economic globalization, transnational policies and vulnerability. Burke, VA: International Institute of Administrative Sciences. McDougall, J., & Fletcher, D. (2002). Dehumanizing the boat people. Social Alternatives 21(4), 33-36. McMaster, D. (2001). Asylum seekers: Australia's response to refugees. Carlton South: Melbourne University Publish. Moreton-Robinson, A. (2004). Whitening race: Essays in social and cultural criticism. Canberra: Aboriginal Studies Press. O’Doherty, K., & Lecouteur, A. (2007). Asylum seekers, boat people and illegal immigrants: Social categorization in the media. Australian Journal of Psychology, 59 (1), 1-12. Pederson, A., Watt, S., & Hansen, S. (2006). The role of false beliefs in the community’s and the federal government’s attitudes toward Australian asylum seekers. Australian Journal of Social Issues, 41(1), 106-124. Read More

This assay explores the boat people policy to determine its components, impact on the people and provides recommendations on possible changes on the policy. Overview of the Policy According to McDougall and Fletcher (2002), the term ‘boat people’ in Australia is applied to differentiate illegal immigrants arriving in the by boats from other asylum seekers who arrive in the country by plane. The use of this term has resulted into treatment of the boat people differently from other asylum, particularly through the establishment of the mandatory detention policy for the boat people.

Following the increase in the number of boat people arrivals as from the 1976, the Australian government isolated the detention policy from the immigration policy to warrant significant deterrence on the boat people (McMaster, 2001). Although different political groupings have expressed support for the boat people policy, other groups and social activists have expressed great criticism on the policy with the view that it demonizes and dehumanization the issue of seeking asylum in Australia (McDougall & Fletcher, 2002).

Political groups in support of the boat people policy that demands for mandatory detention have applied the terrorism and security issues to justify the punitive treatment of the boat people. The mandatory detention practice applies to all people arriving in Australia by boat regardless of the reasons behind their departure from their motherland. The boat people policy has been describing as the ‘othering’ policy owing to its aim of isolating the boat people from other asylum seekers in order to subject them to different treatment (McDougall & Fletcher, 2002).

The ‘othering’ concept is applied to enable the government evade repercussions from the international community or simply evading the application of the international law on asylum seekers on the treatment subjected to the boat people. Since the boat people may not be directly covered under the immigration policy, they are subjected to unjustified incarceration based on security and illegal immigration. The Australian government supports its isolated policy on boat people through emphasis on their illegal nurture of arrival, queue jumping, and their malicious attempt to take advantage of the privilege offered by the government to genuine asylum seekers (Collins, 2003).

The government has strongly supported its position in imposing mandatory detention for boat people through assertions that the boat arrival tactic is not representative of genuine people hence the international community should not pressurize the government to accept illegal immigrants on the humane basis. Despite, the stand taken by the Howard government against the boat people, these people continue to gain favor in the eyes of some Australian people who oppose the policy on the basis that it leads to suffering of innocent people including children who deserve state protection.

The Boat People Policy Impact Implementation of the boat people policy affects the local and the internal community as well as the Australian government in varied ways. The policy has had significant effects on deterring illegal immigration into Australia for the fear of the mandatory detention subjected to all boat people regardless of the reasons for immigration (Kouzmin & Hayne, 1999). The Australian government continues to face numerous challenges associated with increased number of refugees and undocumented immigrants including economic, political, social and environmental negative impacts.

The policy has been crucial in addressing the issue of insecurity and terrorism in the country as the tough measures put in place through the policy implementation serve to deter the number of boat people arriving in the country. The September 11 terrorist attack aftermath has particularly played a critical role in creating a link between immigration and terrorism thereby leading to increased surveillance along the Australian borders.

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