By Brittney Hodnik
Impunity Watch Reporter, Oceania

CANBERRA, Australia – The High Court in Australia has recently halted a program known as “The Malaysia Plan.”  The Australian government signed the Malaysia Plan in May to send asylum seekers – more commonly known as “boat people” – to Malaysia to be reviewed and processed.  The government hopes it will deter asylum seekers from going to Australia and overwhelming the already inundated system.  Now, Australia has reached an agreement with Papua New Guinea as well.

As of August 16th, 800 asylum seekers will be sent to Malaysia as “test cases” for the new program.  Historically, Malaysia has not treated refugees kindly, but claims it has “made a significant conceptual shift about its treatment of asylum seekers,” according to The Sydney Morning Herald.

But Anna Burke, a Labor MP from Victoria disagrees.  She believes that sending these refugees to a third country is worrisome.  “I’m very concerned that we can’t really guarantee the safety of the individuals, the 800 who will be sent there,” Burke told the Australian Broadcasting Corporation.

According to UPI, Australia has been pushing for Papua New Guinea to sign an agreement similar to the Malaysia Plan.  Under both plans, Australia pays for the opening of the centers and the other expenses that come along with receiving and processing the boat people.

Questions concerning human rights issues are still being debated.  Australian government officials believe that the new policy will deter future boat people from seeking asylum in Australia, knowing that they will be sent to the more dilapidated countries of Malaysia or Papua New Guinea.  The Australian Human Rights Commission is especially concerned about the minors who are facing deportation.  As reported by UPI, 50 minors are in the middle of the situation, including a 16-year-old unaccompanied boy.

Yet another reason why Australian officials are leaning toward this policy is to adjust to the recent influx of asylum cases flooding the system.  In November 2010, the High Court extended the right of judicial review to asylum seekers on Christmas Island, as reported by The Australian.  By processing many of the refugees in outside countries, hopes are that the system will face less pressure.

The Sydney Morning Herald reports that Australian citizens are largely opposed to the new policies even though both political parties are promoting them.  More than 50% of Australian citizens believe that asylum seekers should land and be processed in Australia rather than a third country.  Of the 50% of citizens who feel refugees should remain in Australia, 55% believe that they should be held in detention while 41% believe they should be allowed to live in the community.

According to UPI, Australia’s Department of Immigration reported that 134 boats carrying 6,535 people arrived in 2010.  Australian officials are continuing to work toward an effective agreement.

For more information, please visit:

The Daily Telegraph — First 800 Asylum Seekers Will Test Compassion Level — 16 Aug. 2011

The Sydney Morning Herald — Voters Reject Refugee Plans of Both Parties — 16 Aug. 2011

The Australian — Asylum Case Overloading Legal System — 15 Aug. 2011

UPI — Papua New Guinea in Aussie Refugee Deal — 15 Aug. 2011