Monday 9 December 2013

Dear Jesus, If you really loved me, you would drown the fundamentalist economic-rationalist, pseudo-Christian Aussie politicians at sea, to provide safer pathways for irregular migrants.




In the above link, Shadow Immigration Minister Richard Marles discusses the Coalition’s relationship with Sri Lanka, after Tony Abbott’s announcement that Australia was giving Sri Lanka two boats to help combat people smuggling.  Marles brings the actions of the Coalition into question, arguing that they should seek reassurance from Sri Lanka that they would only use the boats for humanitarian purposes.  Dear Hannibal Lector, Please don’t eat the tasty humans.  Signed the Labs.

Before we look to the Labs for moral superiority on Sri Lanka, let’s not forget that they also cooperated with Sri Lanka to prevent asylum seekers from reaching Australia.  They used both covert and overt methods to achieve this:
  •  The Labs signed a memorandum of understanding with the Sri Lankan government in 2009, to combat people smuggling.  While the agreement alone did not necessarily constitute violations of human rights and international law obligations, the Labs ongoing cooperation with the Sri Lankan government between 2009 and 2013 is highly questionable.  The Labs provided operation support, training and aid (a.k.a. bribery) to disrupt people smuggling, amid emerging evidence of war crimes and ongoing human rights violations committed by the Sri Lankan government[1].  After Abbott announced that Australia would gift two boats to Sri Lanka, former Foreign Minister Bob Carr admitted that the Labs considered similar support to the Sri Lankan government. 
  • The Labs became increasingly reluctant to question the possibility of war crimes and ongoing human rights violations in Sri Lanka. There was some inquiry into Sri Lanka’s human rights record when Kevin Rudd was Foreign Minister. There was less scrutiny under Carr.  He made no statement about the impeachment of the Sri Lankan Chief Justice in January 2013, and he downplayed evidence of ongoing human rights abuses in the country.  Carr’s neo-colonial, old-white-man delusions are evident in the link above when he says, “there are human rights concerns with Sri Lanka, but you’ve got to be careful about adopting one narrative out of the civil war that lasted 35 years”.[2] While a range of experts have documented the ongoing human rights issues in Sri Lanka, Carr’s comments are a reflection of Australia’s increasing reluctance to engage critically with Sri Lanka on human rights issues, for fear of jeopardising border security.  Many have argued that Australia effectively cannot criticize the Sri Lankan government too much if it wants the boats to stop, because the government of Sri Lanka is involved in allowing asylum seekers to leave[3].
  • Carr asserts that Sri Lankan asylum seekers are economic migrants. We’ve heard it all before with Reds under Beds, Environmental Misanthropes and Pedophilic Homos.  While Carr sounds like, and appeals to, suburban white trash, one expert on Sri Lanka acknowledges the complex reasons why Sri Lankan asylum seekers continue to seek refuge in Australia, “boat migrants expressed livelihood issues, concerns for their own and their family’s safety, fear of sexual violence, fear of being arrested and detained, discrimination in the job market, poor employment and educational opportunities, land acquisitions and exclusions, the need for medical treatment, the fear of war returning, harassment and interrogation by security forces, fear of reprisals for political activity or speech, the need to secure their family’s financial future and the need to rise above the financial hole they found themselves in.[4]  Carr deliberately ignores the complex and diverse reasons why people seek asylum, in favour of a false, simplistic and politically popular one.
  • The Labs implemented ‘enhanced screening’ exclusively for Sri Lankan asylum seekers. This has denied many individuals a just and proper process to applying for refugee status.  This ‘enhanced’ method offers asylum seekers limited legal advice, no transparency and no independent reviews.  It also involves cooperating with the Sri Lankan government to send ‘failed’ asylum seekers back to Sri Lanka.  The Labs continued to use enhanced screening despite criticism from national and international bodies including the Australian Human Rights Commission and the United Nations.  On their visit to Sri Lanka in 2010, the Australian based non-government organisation, Edmund Rice Centre, found that “all asylum seekers returned to Sri Lanka (from Australia) in recent months are handed over to the CID, the Sri Lankan police and taken into custody…some are detained, some have been assaulted.  One man who is still in jail has lost the hearing in one ear given the severity of the assault he suffered, and another has received damage to his sight”.[5]  This analysis contrasts Carr’s wild claims that no returned asylum seekers had been persecuted or tortured, in a statement he made to Senate Estimates Committee in 2012.[6]
  • Between April and July 2010, the Labs stopped processing refugee applications from Sri Lankan asylum seekers who arrived by boat.  The United Nations responded by urging an immediate end to the government’s suspension, while some human rights groups argued that the Labs’ actions equated to racial discrimination[7]. Nevertheless, the Labs ignored criticism and ‘enhanced screening’ has now been adopted by the Coalition government.
The Labs might have not have adopted the Coalition’s crude slogan, ‘stop the boats’, but they cooperated with Sri Lanka, threatening both the safety of genuine asylum seekers and Australia’s international obligations under the Refugee Convention.

In contrast to the Labs’ rabid behaviour, many international non-government organisations have called for the Sri Lankan government to conduct a credible investigation into the events of the civil war.  The United Nations, Amnesty International, Human Rights Watch, the International Crisis Group, the International Bar Association, the International Commission of Jurists and Reporters without Borders are some of the groups calling for the Sri Lankan government to demonstrate tangible steps to ensure accountability for the violation of human rights and the laws of war.  Many of these groups document the continuing human rights abuses in Sri Lanka, while Labor and the Coalition increasingly ignore these experts, emphasising instead that Sri Lanka is on its way to reconciliation.  At the recent Commonwealth Heads of Government Meeting (CHOGM) the conservative government of the UK was vocal about human rights in Sri Lanka, Canada boycotted the meeting, while Tony Abbott took on the Labs’ uncritical approach to Sri Lanka, demonstrating to the international community that is a total bogan.

In the interview contained in the above link, Marles explains that Labor does not share the Australian Greens (Greens) views about Sri Lanka.  This forms part of Labor’s wider strategy of distancing itself from the Greens.  On a range of issues, the Labs argue that the Greens are irrational, extreme and too idealistic. Accusations of cruelty toward refugees were thrown at the Greens, for their lack of support for the Malaysia solution.  In childish tantrums more typical of the Coalition, the Labs appear to be increasingly indulgent in Green attacks, particularly when the Labs would like to justify their own lack of attention to human rights and environmental protections.

When the Labs were in power, we heard these attacks from a range of Lab sources including then Prime Minister, Julia Gillard.  Gillard said, “at the end of the day, the Greens Party is fundamentally a party of protest rather than a party of government.  The Greens Party is fundamentally a party that would prefer to complain about things than get solution”[8].  Chris Bowen often clashed with the Greens on immigration and asylum seeker issues, once stating, “certainly, in electorates like mine and electorates across the country I think people do see the Greens as having extremist views, naive views”[9].  Bowen lapsed into a self-indulgent, white trash version of a Shakespearean monologue, in the final Q&A for the year, when he said,

"Well, look, as we all know, this is a terribly difficult issue and we all want Australia to have as compassionate response as possible but at the same time save lives and we have seen too many deaths at sea. You know, getting the call to say there has been another boat sink and there is children drowned, if you stand on Christmas Island and look at the memorial to SIEV X and see the names, 351 people died, the majority of them children, sometimes it is just blank with an age because they don't know the name of the child who died anonymously. That is a terrible, terrible problem that we need to fix and it does take some tough decisions. Now, I would like to see Australia stick to its 20,000 humanitarian intake. That's something the previous Government introduced. This Government is taking it away. Because we can give more people a chance of a life in Australia. But I also do support what Julian would disagree with and Tara might disagree with, which are difficult decisions to try and discourage people to take those journeys by boat".[10]

Bowen was melodrama.  He attempted to take the moral high ground, disagreeing with other panelists, ‘bleeding hearts’, Tara Moss and Julian Burnside, whose rational views are undoubtedly closer to the Greens.  For those of you who are particularly stupid and forgetful, Bowen may have appeared insightful and sincere.  Bowen’s delusions make me wonder what is next for the Labs…maybe more lecturousness about the sanctity of marriage or some right to life lunacy?

Bowen was entertaining, but my favourite Lab attack came from Penny Wong, when she appeared on Q&A, 12 August 2013.  Wong was involved in a heated exchange with Deputy Leader of the Greens, Adam Bandt.  Wong arrogantly asserted that she loved being from Labor because she thinks Labor gets it right on taxes.  Clearly Wong chose to ignore that Australian tax rates are very low compared to the OECD average and that any rational expert would argue that the Labs largely copied Howard’s excessive tax benefits for entitled middle-class, spoilt bitches.  Wong’s attack played the popular ‘Green is Extreme’ slogan with vile arrogance and a bitter, motherly tone.  In a scathing tirade on Bandt, she added, “you have spent the proceeds of your higher mining tax I think many times over with your spending promises”.[11]  It seems that articulate lesbians, of Asian decent, with child, also love to ‘stop the boats’ and ‘whack the tax’, while fighting hard for marriage equality, bitches.  Yes, the Labs’ policies are in conflict with the Greens, both in terms of their views on Sri Lanka, and the treatment of asylum seekers more generally. And, on a range of other issues, the Greens policies are often evidence based and reflective of the views of international experts.

While attempting to distance the Labs from the Greens, Marles repeatedly emphasises that Labor does not demonise asylum seekers and that Labs’ policies are founded on compassion!  Here is a list of their loving, Christian Lab behaviours I prepared earlier:

  •  Tough talking Carr and Rudd promised the public they would send asylum seekers to Papua New Guinea (PNG).  They saw this as essentially to neutralise the Coalition’s political advantage on the issue of asylum seekers.  Some experts described this as another move to outsource Australia’s responsibilities, by bribing the PNG government. Experts argue that Australia’s outsourcing of the ‘problem’ of asylum seekers is reflective of the wider move by developed countries, placing an unfair burden on the developing world for housing (caring for, and embracing) the world’s refugees.
  •  Mandatory detention and housing children in detention.
  •  Using offshore processing centers that the UNHCR recently recognised as  unsuitable for human beings.[12]
  • Counting onshore and offshore refugees under the same banner. We are the only country that takes numbers that arrive as asylum seekers from the number of refugees we settle from offshore refugee camps.  Experts recognize that this creates unnecessary conflict between those that come here by boat and those that are seen to be in the greatest need of our help (in refugee camps in Africa, for example).  Counting onshore and offshore numbers together also fails to take account of global trends in asylum seeking.  As a result, we often hear trashy white people justifying their racism toward asylum seekers, complaining that we are not helping the people in most desperate need.  Suddenly these white, trashy people are also concerned about the elderly and the homeless, who, they argue, we have to help, before we help asylum seekers.  I kinda want to vomvom when I have to listen to these people talk.
  • Despite dismantling TPVs in 2008, the Labs voted for TPVs when in opposition during the Howard years.  Last week, the Labs supported the Greens’ move to disallow the reintroduction of TPVs.  However, Labor Senator Kim Carr’s statement, “TPVs is not to apply to any new arrival in Australia because they are being resettled in PNG, so TPVs cannot act as a disincentive – they’ll only apply to a cohort of people already in Australia” seems to indicate why the Labs supported the Greens.  I wonder if the Labs would have voted for TPVs, if their crazed PNG solution had not already ensured that new arrivals would not be settled in Australia[13].  While you might think it is paranoid or unnecessary to dwell on the past actions of the Labs, it is important to understand their motivations and to ensure better outcomes for asylum seekers in the future.  Following the news that TPVs were to be disallowed by the Senate, Scott Morrison announced that asylum seekers will not be granted permanent protection visas until after the new Senate is sworn in, in July next year.  While the Labs may bitch and scream about Morrison, their ‘no advantage’ principal also ensured that asylum seekers would not be granted refugee status anytime in the near future.
  • Cases where individuals on TPVs were returned to dangerous situations, where they suffered torture or death, have been extensively documented by Robert Manne[14] and the Edmund Rice Centre[15]. “We know that of the asylum seekers removed by Australia back to Sri Lanka in the Howard years, nine were later killed”.[16]  Under Howard’s TPVs, the Refugee Council of Australia brought attention to the flaws in the document, Events in the Islamic Transitional Government of Afghanistan, used to justify sending TPV individuals from Afghanistan back home.  To see an analysis of the misinformation contained in the document, click on the following link: http://www.refugeecouncil.org.au/docs/resources/reports/malley-afghan-1.pdf  
  • Asylum seekers’ security assessments, under both the Labs and the Coalition, often rely on flawed ASIO assessments of asylum seeker claims through the “lack of relevant and sometimes crucial knowledge of complex historical, social and cultural realities of an asylum seeker’s homeland”[17].  The security assessment of asylum seekers have been formed in part by media releases from the Sri Lankan government and information shared by Sri Lankan authorities[18], the government accused of war crimes against its people.  The Labs kept Sri Lankan asylum seekers with a negative/adverse security assessment in permanent detention, with no possibility to reassess these decisions. In August 2013, Australia was found guilty of 150 violations of international law, over the indefinite detention of 46 refugees.  These refugees, with failed security statuses, were mostly Sri Lankan Tamils[19].  The UNHCR has recommended alternative solutions to indefinite detention of security risk people[20].  The persons in question have no idea of the grounds on which they were rejected.  This leads some to argue that, under both the Labs and the Coalition, Australia’s ‘security assessment’ under domestic law is arguably incompatible with international law.  As a result, we have seen indefinite detainees with exacerbated mental health problems and suicide attempts.[21] Despite the Labs’ claims to be acting with compassion, the Australian Greens Bill of October 2012, to comprehensively reform ASIO processes and to eliminate indefinite detention, was not supported by the Labs.[22]
  • As I indicated earlier, the Labs removed TPVs when they took power, but they later created the ‘No Advantage’ principal.  This replicated some of the inhumane conditions of TPVs.  ‘No advantage’ meant that many asylum seekers in the community were unable to work.  ‘No advantage’ also meant that asylum seekers were denied family reunion, at least for the time of ‘no advantage’, which was probably a matter of at least five years. Let’s create an underclass of citizens. Yippee!  ‘No advantage’ was the recommendation of the ‘expert panel’ on asylum seekers.  Of course, none of those on the panel were actual experts in providing a comprehensive humanitarian solution to asylum seekers, and many have argued that there are already a number of regional agreements that could have been used by Australia as a model for properly addressing the issue.  However, who needs to employ experts when you can use pseudo experts to justify your political goals.  Like TPVs, ‘no advantage’ would leave asylum seekers in limbo for many years.
  • As mentioned above, the Labs introduced ‘enhanced screening’ for Sri Lankan asylum seekers, despite condemnation from expert bodies such as the Human Rights Law Centre, the Australian Human Rights Commission and the United Nations. ‘Expert panel’, ‘enhanced screening’ just staying .  To understand some of the problems with ‘enhanced screening’, it is worth emphasising that even under the ordinary first check of an asylum seekers claim for refugee status (and I note that enhanced screening is not as comprehensive as an ordinary process), many applicants are initially rejected.  While both Labor and the Coalition often argue that this indicates that Australia is too generous (and the system for refugee determination is flawed), experts recognise that political pressure on the Department of Immigration and Border Protection (formerly the Department of Immigration and Citizenship) from the government encourages asylum seekers’ claims for refugee status to be rejected.  The independence, and legal and technical expertise of the Refugee Review Tribunal (RRT) ensures that often those first round failures are reassessed as genuine upon review. 
  • The Labs perpetuated the lie that Australia grants protection to a greater percentage of asylum seekers, in comparison to other countries.  By playing with statistics, Carr implied that Australia is more generous than other nations.  Carr also scrutinised the work of the independent RRT.  This led former RRT members to reject claims that the review process was too soft.  One RRT member accused the Labs of trying to influence the findings of the independent body[23].
  • The Labs tried to make deals with countries that are not full signatories to the Refugee Convention, such as Indonesia, Malaysia and PNG.  The High Court basically told the Labs to get fucked over the Malaysia Solution, which resulted in vicious Lab attacks on the High Court and the Greens.  The Labs still appear as mad as monkeys at those who chose not to cooperate with their attempts to violate human rights. 
  •  Again facing conflict with the High Court, the Labs attempted to take Howard’s amendments to the Migration Act even further.  They tried to ensure that asylum seekers arriving by boat (on the mainland) were barred from the refugee status determination processes that apply to those that arrive via other methods.  The Labs attempted to deny asylum seekers procedural fairness in access to the refugee determination process and the High Court pointed out that the Labs were acting illegally. 
As you can see, no persecution by the Labs here?!

As evident in the Marles interview, the Labs love throwing around words like generous and compassionate because it makes them, and their voters, feel like decent human beings. I don’t know about you, but I’m sick of paternalistic, pseudo-Christians who would have failed Philosophy 101, lecturing me about how much they care to save people from drowning at sea.

Tony Kevin, former Australian Ambassador, argues that exaggerating the danger involved in travelling to Australia by boat provides a smokescreen, to help us ignore the real reasons why boats occasionally sink.  Kevin emphasises that 97.3% of embarked asylum seekers were safely detected and intercepted on their way to Australia and 99.2 of boats arrived safely.  He argues that if we really cared about asylum seekers dying at sea, we would ensure that the identification, interception and rescue of asylum seekers became our priority[24]. I wonder if the lies we tell ourselves about caring about drowning asylum seekers are methods we use as individuals to disguise both our desperate grasp on privilege and our conscious/unconscious belief in our own racial/national superiority.

In contrast to the Labs, the Coalition are less indulgent in compassion chit chat.  They don’t mind drinking from the chalice of blood.   Here, I’m thinking about Julie Bishop’s desire to send Sri Lankan asylum seekers back to their country, without examining their claims, or Senator Barnaby Joyce’s similar disregard for human rights and the Refugee Convention, in favor of talking tough. “If you want to show strength, if you want to be decisive, then send the Oceanic Viking to Columbo and you really will have made a strong statement”, he said, back in 2009.[25]  Meanwhile, in the real world, the Greens attempt to deliver an agenda focused on creating a safer, more transparent system of international mobility that protects the rights of migrants, serves shared economic interests and quells public anxieties about migration.  The Greens help to cast migrants less as scapegoats, more as vital members of the community.

At CHOGM, Australia appeared alone in its lack of criticism of Sri Lanka.  British Conservative PM, David Cameron, made a statement that Sri Lanka must act to address the well-documented war crime and human rights allegations.  When in power, former Labor PM, Gordon Brown, tried to stop Sri Lanka from holding CHOGM.  Earlier this year, the United States used the United Nations platform to warn Sri Lanka that it may be forced to investigate war crimes independently, if the Sri Lankan government did not conduct an independent and credible enquiry[26].  These moves by Britain, the US and Canada (who boycotted CHOGM because of Sri Lanka’s questionable human rights record) are notable because they are a sign that international laws and other international agreements are under threat from Labor and, more aggressively, the Coalition.  It seems particularly worrying that, at least on the issue of Sri Lanka, Australia is adopting a more extreme and unhumanitarian response than our conservative ‘allies’.

Tony Abbott made it clear at CHOGM that he, like the Labs, is willing to cooperate with a regime accused of war crimes and ongoing human rights violations against its own people. Abbott blindly seems to be relying on the word of the Sri Lankan government and its representatives who appear in denial about the commitment of any crimes. Admiral Thisara Samarasingle, now High Commisioner for Sri Lanka, in Australia, and then Sri Lankan Navy Chief of Commands in the Eastern and Northern regions at the end of the Civil War, continues to argue that “the Sri Lanka Navy did not fire at civilians during any state and all action was taken to save lives of civilians from clutches of terrorism”[27].   He says it and Abbott appears to believe it.

On providing the Sri Lankan government with the gift of two boats, Abbott said, “let’s be absolutely crystal clear, this is about saving lives at sea”.  I am reminded of those excruciating people that ask the most inane question, ‘if Christianity is destabilised, how will people know the difference between right and wrong’? I wonder if the behaviour and thought processes of modern Abbott-Christians can be exemplified using the recent Peta Credlin incident.  On leaving court, after she avoided punishment for drink driving charges against her, the glamorous Credlin, Chief of staff to Tony Abbott said, “justice doesn’t have to be done, it has to be seen to be done”[1].[28]

Imagine if we implemented Abbott’s fundamentalist foreign policy domestically, cooperating with men in households of domestic violence.  Maybe Abbott could supply the husbands with makeup so that they can tidy up their wives after they’ve beaten the crap out of them? What lies does our government tell themselves and us, to justify their behaviour?  I wonder what would actually have to happen in Sri Lanka for the Australian government to properly acknowledge past and current human rights violations. Abbott is our gun slinging, bogan Prime Minister, in an environment where persecuted people have become secondary to an invigorated national security imperative.  What concerns me is that, on the other side of popular politics, the Labs have adopted an approach to asylum seekers that similarly lacks respect for human rights.  If the Labs don’t change, Australia will become an increasingly revolting place.



[3] See Howie, Emily, http://groundviews.org/2013/09/08/causes-of-boat-migration-to-australia-from-sri-lanka-a-rejoinder-to-emily-howie/ , p. 102.  Also, where is the CPA’s claim that “you cannot get out of territorial waters without the navy letting you out”
[4] See Howie, Emily 2013, Sri Lankan Boat Migration to Australia, in Groundviews.
[5] Glendenning, Phil 2010, AAP Australian National News Wire 19/5/10
[7] (Sydney Morning Herald 1/9/10, ‘Fewer Boats from Sri Lanka’, by Yuko Narushima; The Age 7/7/10, ‘Sri Lanka has improved but people still vulnerable’, by Farah Faroughe and Matt Wade).
[8] From ‘Gillard Labels Greens a Party of Protest’ from PM (ABC), 20/2/2013. 
[9] From ‘Gillard Labels Greens a Party of Protest’ from PM (ABC), 20/2/2013
[10] From ‘Spying, Sorry & Free Speech’…see transcript form Q&A website 25/11/2013, http://www.abc.net.au/tv/qanda/txt/s3878650.htm
[11] From ‘Costings, Conski & Cab Rides’…See transcript from Q&A website 12/08/2013, http://www.abc.net.au/tv/qanda/txt/s3810038.htm
[14] Manne, Robert and Corlett, David (2003)  Sending them home:  Refugees and the New Politics of Indifference, Black Inc Books, Collingwood.
[15] See their reports from 2004 and 2006, Deported to danger 1 and Deported to Danger 2
[16] Phil Glendenning 2010, AAP Australian National News Wire 19/5/10
[17] Deport to Danger 2 report. Available online
[18] p.707 Dark Justice
[20] P.705 of Dark Justice…what are these alternative solutions?
[22] p. 688 Dark Justice: Australia’s indefinite detention of refugees on security grounds…more details?
[24] http://reluctantrescuers.com/Order.html
[25] (See 8/11/09 ABC Premium News).
[26] (Quote 25 March 2013 BBC UK) Need to find this link?
[27] Where does this come from?

Thursday 14 November 2013

Australia's treatment of Sri Lankan asylum seekers


“So, we should team up with Iran to return the Baha'is; with Iraq to return Assyrian Christians to the villages they were burned out of; with Burma to return the Karen; Uganda to return homosexuals and albinos … We should return the Hazaras to Bamiyan to watch the Taliban blow up their statues, and collaborate with China to deliver them their Uighurs and Tibetans (no war there!). Going back a little, why didn't we think of returning the Vietnamese, who, like the Tamils, fled post-war dangers? Or dissident Russians and Czechs during the Cold War (it wasn't really a war after all)?”

Gordon Weiss, September 2012.[1]
(In response to Julie Bishop’s [2] desire to immediately return all Sri Lankan asylum seekers to Sri Lanka, without processing their claims for asylum.  Weiss was the UN spokesperson in Sri Lanka for the final three years of the civil war, and is the author of The Cage: The Fight for Sri Lanka and the Last Days of the Tamil Tigers.)

More information from the International Crisis Group


Australia’s treatment of Sri Lankan asylum seekers

The documentary, No Fire Zone:  The Killing Fields of Sri Lanka focuses on the final months of the 26 year civil war in that country.  It examines the actions of government forces who, in their defeat of the Tamil Tigers, undertook the deliberate bombing of hospitals, and the rape, torture and murder of civilians. The atrocities outlined in the film fueled my interest in exploring the international community’s response to Sri Lanka.  Here, I examine the extent to which Australia increasing ignores an array of evidence of both war crimes and ongoing human rights violations in Sri Lanka.  Particularly insidious is Australia’s response to Sri Lankan asylum seekers who, under both Labor and the Coalition, are subject to processing methods that both ignore international law and Australia’s moral obligation to assist human beings fleeing persecution.

The final stages of the civil war saw tens of thousands of civilians die in the crossfire between the Sri Lankan government and the Tamil Tigers.  Particularly brutal is the revelation that civilians were encouraged to gather in ‘no fire zones’, and then deliberately shelled by the forces who assured their safety. The documentary implicates the pro-Sinhalese government, including the country’s current President, Mahinda Rajapaksa, in war crimes against the Tamil people.  While the Sri Lankan government has denied their involvement in such atrocities, evidence has emerged that during the final months of the war, those in the no fire zones were not only bombed, but deliberately denied food, medicine and other aid. Since the end of the war in 2009, the United Nations and a range of non-government organizations, journalists and international law societies continue to call for a credible international investigation into war crimes, of which the Sri Lankan President remains ultimately responsibility[3] [4] [5].  

The Sri Lankan government’s own ‘Lessons Learnt and Reconciliation Commission’ investigation into the war was welcomed by the international community, but it has fallen well short of addressing the war crimes allegations.  Human Rights Watch, the International Bar Association, the International Crisis Group and Amnesty International have called for an independent investigation into the allegations and they have reported extensively on continuing human rights abuses in Sri Lanka.  The disappearance of journalists, clear threats to democratic processes through the loss of independence of judiciary, the crackdown on anti-government criticism in the press and the mistreatment of asylum seekers who have been returned to Sri Lanka brings into question the extent to which the war’s conclusion has solved the issues that precipitated the conflict[6].

While, Australia initially engaged in some criticism of the Sri Lankan government for their alleged involvement in war crimes and ongoing human rights violations, this has always been done in conjunction with the goal of attempting to stop asylum seekers reaching Australia.  This saw Labor’s Stephen Smith visiting Sri Lanka in November 2009 to sign a memorandum of understanding with the Sri Lankan government on legal cooperation against people smuggling.  Since then, Australia has become increasingly complicit in the atrocities, ignoring credible evidence in favor of Australia’s political and economic interests.  Bob Carr, Foreign Affairs Minister under Labor, and Julie Bishop, the recently appointed Foreign Affairs Minster, have been vocal in asserting that Sri Lankan Tamils no longer face persecution in their country.  In the last 12 months, both Ministers visited Sri Lanka.  Throughout his stint as Foreign Minister, Carr deliberately over-emphasised the political stability of Sri Lanka and ruthlessly claimed that many asylum seekers are merely opportunist, economic refugees.  In February 2013, he told a Senate Estimates Committee, of Sri Lankan asylum seekers, “since 2010 there has been no evidence of returnees being discriminated against or arrested, let alone tortured”[7].  Carr’s assertion conveniently ignores the array of evidence from non-government organisations that suggests otherwise.

After her self-proclaimed ‘fact finding mission’ to Sri Lanka in January, Bishop has been equally dismissive of allegations of continuing human rights abuses in Sri Lanka. 

“Sri Lanka is making a significant effort preventing many boats from leaving their waters, and we believe that those who make it through should be the subject of a new arrangement to transfer back to Sri Lanka.  Otherwise, the Australian [Labor] Government should explain why they believe that Sri Lankans are being persecuted.  That’s vermently denied by the Sri Lankan government. The Australian government should set out the basis of their assumption that Sri Lanka is persecuting its own citizens…I don’t believe that people should be encouraged to get on boats, to make that treacherous journey from Sri Lanka to Australia. We should be doing all we can to prevent people getting on those boats. The Sri Lankan government has indicated that it’s prepared to make a significant effort to work with Australia to prevent people coming by boat. We should take up that offer and we should enter into an arrangement with Sri Lanka whereby Sri Lanka will take back home people who are seeking to leave by boat. I don’t believe that Australia should continue to encourage people to come by boat.”
Julie Bishop (an interview with ABC, 3 September 2012)[8].
Bishop makes it clear that the Coalition are willing to rely on the word of, and cooperate with, the war-crimes-accused Sri Lankan government, to prevent Sri Lankans from seeing asylum.  She ignores an array of reports that are critical of the ongoing human rights abuses in Sri Lanka.  She makes it clear that the Coalition hoped to implement an agreement with the Sri Lankan government to return asylum seekers to their country without assessing their claims under the Refugee Convention.  In doing so, Bishop is complicit in the potential torture and persecution of human beings, in a desperate attempt to ‘stop the boats’.

While Bishop uses any opportunity to attack Labor’s ‘soft stance’ on asylum seekers, it is worth emphasising that Labor has engaged in its own share of moral corruption. In ‘Dark Justice:  Australia’s indefinite detention of refugees on security grounds under International Human Rights Law’[9], Ben Saul discusses the bipartisan reliance on security information provided by corrupt Sri Lankan government, which has seen a number of Sri Lankan asylum seekers indefinitely detained in Australia.  Both Bishop and Carr use their visit to Sri Lanka, despite the multitude of sources claiming otherwise, to manipulate the Australian public into thinking that Sri Lanka is a safe place for its Tamil population.  The public is inundated with claims by both the Coalition and Labor that post war Sri Lankan asylum seekers are not fleeing persecution, but are economic migrants.
Over the weekend, Greens Senator Lee Rhiannon visited Sri Lanka, ending in her detainment and interrogation.  She released a statement (with New Zealand Green MP Jan Logie) that tells a different story about the conditions in Sri Lanka[10].
“Elected officials and members of civil society in Sri Lanka have provided us with examples of massive illegal land confiscation by the armed forces; people being gaoled and detained with regular disregard for legal rights; violence, often involving rape, of women and children with no police investigation of these crimes; and ongoing intimidation of media workers.  We visited areas where the army is occupying people's land. The homes of the displaced people are now tin shacks serviced by dirt pot holed roads. Many people have been living like this for more than two decades.  Large numbers of women regularly suffer sexual abuse perpetrated by members of the Sri Lankan armed forces. One lawyer described to us the evidence collected about these crimes. In one case they have text messages from Major General Mahinda Hathurusingha to the 'comfort women' he frequently abuses.”
Rhiannon, like many other experts, highlights the complex reality of post civil war Sri Lanka, where minority populations face: a military role in civilian affairs; military land grabs; military run businesses distorting prices; systematic discrimination, persecution or political disenfranchisement; fear of sexual violence, fear of being arrested and detained; discrimination in the job market, poor employment and inadequate educational opportunities; fear of war returning; harassment and interrogation by security forces and fear of reprisals for political activity or speech. Howie recognises that “the economic concerns that are motivating people are themselves inextricable from the effects of war, post war struggles, political problems, persecution, systematic discrimination and other forms of injustice”.[11] [12].  Australian politicians’ representations of asylum seekers as ‘economic migrants’ are deliberately simplistic and I make these politicians complicit in the persecution of human beings.
In the United Kingdom, in February 2013, the High Court responded to evidence of ongoing human rights violations in Sri Lanka.  They ordered that Tamils who had been refused asylum were not to be deported, pending an assessment of the risk such individuals face on return to Sri Lanka.[13]  The Canadian government have addressed both ongoing evidence of war crimes, and continuing human rights violations, by withdrawing from participation in the Commonwealth Heads of Government Meeting (CHOGM), to be held in Sri Lanka next week.[14] [15]   Despite calls for Australia to do the same, both Labor and the Coalition have asserted their commitment to attend CHOGM. 
Amid mounting evidence of war crimes and ongoing human rights violations, the Australian government remains primarily invested in stopping the arrival of asylum seeker boats from Sri Lanka.  In the early years of this decade, Sri Lanka was one of the main source countries for asylum seekers arriving in Australia. Emily Howie of the Human Rights Law Centre argues that Australia has become increasingly reluctant to criticize Sri Lanka on human rights issues, for fear of jeopardising border control partnership[16].  Some argue that compliance with Sri Lankan has been seen as important by Australian politicians, amid suspicions that the Sri Lankan government has a role in allowing boats to leave.[17]

The response of the Australian Labor government to Sri Lankan asylum seekers reached a new low in October 2012, when Sri Lankan arrivals became subjected to a new system of processing their claims for refugee status, the ‘enhanced screening’ process.  This method was implemented by the Department of Immigration and Citizenship (DIAC), and was used exclusively on Sri Lankans.  Enhanced screening involves a very basic assessment of the individual’s case for refugee protection.  ‘Enhanced screening’ is anything but enhanced, and can rule out access to the formal application process to seek asylum, for those asylum seekers who ‘fail’ the screening.  Many argue that enhanced screening operates in an environment where the immigration department are under pressure to reject asylum seekers.  While it has been denied by Labor, Former DIAC employee Greg Lake argues that DIAC were under pressure from then Prime Minister, Julia Gillard, to ensure that a particular number of asylum seekers from Sri Lanka failed. "The Prime Minister, as far as I was informed, had an expectation that at least 200 a week initially, and then there was an expectation of more like 400 a week would be returned from Christmas Island, or Darwin, but preferably Christmas Island straight to Colombo in Sri Lanka," Lake said[18]. This process has seen 1035 asylum seekers from Sri Lanka sent back involuntary.

A range of academics, non-government organizations, and the United Nations have expressed criticism of the Enhanced Screening process.  Greg Lake indicates that the enhanced screening process sometimes saw asylum seekers sent back to Sri Lanka on the basis of one of two questions[19].  Under the process, asylum seekers are interviewed with no legal advice, transparency or independent review.  Without access to a rigorous examination of an individual’s case, and an adequate review process, asylum seekers can be sent back to Sri Lanka. 
Since forming government, the Coalition has continued to employ punitive methods toward Sri Lankan asylum seekers.  The Coalition’s policy Operation Sovereign Borders, which includes, “intercepting all identified vessels travelling from Sri Lanka (and arranging immediate return of all passengers in accordance with safe transfer arrangements to be established with Sri Lankan government)”[20] indicates that the Australian Government will continue to be complicit in the violation of human rights. ‘Safe transfer’ suggests that it is possible for asylum seekers to be returned to Sri Lanka without facing possible persecution, torture and death, amid a multitude of information that suggests otherwise.






[11] Howie p. 98 from Groundviews article ‘What is an economic migrant’ 17/9/13.  Retrieved from:
[15] http://www.icj.org/icj-welcomes-human-rights-council-resolution-on-sri-lanka/ The resolution was adopted in favor by 25 countries, not including Australia.
[17] Howie, Emily, (2013) Sri Lankan Boat Migration to Australia:  Motivations and Dilemmas. In Economic & Political Weekly.  August 31, 2013.  Vol. XLVIII No. 35/
[18] http://www.abc.net.au/news/2013-06-10/asylum-seeker-enhanced-screenings-dangerous-former-official-says/4744628
[19] http://www.abc.net.au/news/2013-06-10/asylum-seeker-enhanced-screenings-dangerous-former-official-says/4744628