The recently concluded agreement between Malaysia and Australia has created strong reactions in Australia’s multicultural communities for its rejection of Australia’s international humanitarian obligations. It is seen as a backward step in terms of the Australia’s recognition of the human rights of people in being sent to a country that is not a signatory to the Refugee Convention.

Pino Migliorino, Chair of the Federation of Ethnic Communities’ Councils’ of Australia (FECCA) which is the national peak body for all migrant organisations, said that the deal raised many concerns including issues of Australia not supporting family reunion situations. He said that there was a danger that arrivals who had families in Australia would be sent to Malaysia.

“This is as much about our own human rights record as it is about Malaysia’s. How can we claim to ascribe to human rights values and then punish women and children by sending them to a place where there is no recognised human rights framework?” Mr. Migliorino asked.

The Law Council of Australia has also expressed its disappointment at the transfer and resettlement arrangement signed between the Australian and Malaysian Governments yesterday.

Law Council of Australia President, Mr Alexander Ward said the arrangement, designed to reduce the number of asylum seekers coming to Australia by boat, is not an appropriate solution to a complex problem.
"While the arrangement purports to contain some human rights protections, there are significant shortcomings in the arrangement and in particular a lack of detail about unaccompanied minors and legal assistance for transferees.

"What this arrangement effectively means is that generally after one month in Malaysia asylum seekers will be required to become totally self-reliant - they will have to find work, accommodation and potentially fund their children's education with minimal support processes in place to assist them," Mr Ward said.

The deficiencies in the support structures and the lack of time limits for resettlement under this arrangement mean people will be left in asylum limbo for years.

Cost Concerns

FECCA is concerned about the costs of the current deal which is many times more than the costs of processing asylum seekers in Australia.

Mr Migliorino said, “This seems like political point scoring rather than an effective solution to any problem. The resources ought to be focused on shortening waiting periods and on resettling new arrivals so that they can create positive outcomes for Australia by their participation in our society.”

FECCA called for independent and stringent monitoring of the program. “We recognise the complexity that this issue will create on the ground in Malaysia with different categories of arrivals treated in different ways. We have to monitor the implementation of the program and its impact, including on the relatives and families of asylum seekers already living in Australia.”

Mr Migliorino said, “Adding further complexities to processing is only increasing the suffering of these people, many of whom have already had traumatic experiences in fleeing their home countries. This, in turn, will mean that we are creating difficulties for ourselves when people are accepted and are unable to participate in our society due to their ongoing suffering.”