Back
About RSIS
Introduction
Building the Foundations
Welcome Message
Board of Governors
Staff Profiles
Executive Deputy Chairman’s Office
Dean’s Office
Management
Distinguished Fellows
Faculty and Research
Associate Research Fellows, Senior Analysts and Research Analysts
Visiting Fellows
Adjunct Fellows
Administrative Staff
Honours and Awards for RSIS Staff and Students
RSIS Endowment Fund
Endowed Professorships
Career Opportunities
Getting to RSIS
Research
Research Centres
Centre for Multilateralism Studies (CMS)
Centre for Non-Traditional Security Studies (NTS Centre)
Centre of Excellence for National Security
Institute of Defence and Strategic Studies (IDSS)
International Centre for Political Violence and Terrorism Research (ICPVTR)
Research Programmes
National Security Studies Programme (NSSP)
Social Cohesion Research Programme (SCRP)
Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
Other Research
Future Issues and Technology Cluster
Research@RSIS
Science and Technology Studies Programme (STSP) (2017-2020)
Graduate Education
Graduate Programmes Office
Exchange Partners and Programmes
How to Apply
Financial Assistance
Meet the Admissions Team: Information Sessions and other events
RSIS Alumni
Outreach
Global Networks
About Global Networks
RSIS Alumni
Executive Education
About Executive Education
SRP Executive Programme
Terrorism Analyst Training Course (TATC)
International Programmes
About International Programmes
Asia-Pacific Programme for Senior Military Officers (APPSMO)
Asia-Pacific Programme for Senior National Security Officers (APPSNO)
International Conference on Cohesive Societies (ICCS)
International Strategy Forum-Asia (ISF-Asia)
Publications
RSIS Publications
Annual Reviews
Books
Bulletins and Newsletters
RSIS Commentary Series
Counter Terrorist Trends and Analyses
Commemorative / Event Reports
Future Issues
IDSS Papers
Interreligious Relations
Monographs
NTS Insight
Policy Reports
Working Papers
External Publications
Authored Books
Journal Articles
Edited Books
Chapters in Edited Books
Policy Reports
Working Papers
Op-Eds
Glossary of Abbreviations
Policy-relevant Articles Given RSIS Award
RSIS Publications for the Year
External Publications for the Year
Media
Cohesive Societies
Sustainable Security
Other Resource Pages
News Releases
Speeches
Video/Audio Channel
External Podcasts
Events
Contact Us
S. Rajaratnam School of International Studies Think Tank and Graduate School Ponder The Improbable Since 1966
Nanyang Technological University Nanyang Technological University
  • About RSIS
      IntroductionBuilding the FoundationsWelcome MessageBoard of GovernorsHonours and Awards for RSIS Staff and StudentsRSIS Endowment FundEndowed ProfessorshipsCareer OpportunitiesGetting to RSIS
      Staff ProfilesExecutive Deputy Chairman’s OfficeDean’s OfficeManagementDistinguished FellowsFaculty and ResearchAssociate Research Fellows, Senior Analysts and Research AnalystsVisiting FellowsAdjunct FellowsAdministrative Staff
  • Research
      Research CentresCentre for Multilateralism Studies (CMS)Centre for Non-Traditional Security Studies (NTS Centre)Centre of Excellence for National SecurityInstitute of Defence and Strategic Studies (IDSS)International Centre for Political Violence and Terrorism Research (ICPVTR)
      Research ProgrammesNational Security Studies Programme (NSSP)Social Cohesion Research Programme (SCRP)Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
      Other ResearchFuture Issues and Technology ClusterResearch@RSISScience and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
      Graduate Programmes OfficeExchange Partners and ProgrammesHow to ApplyFinancial AssistanceMeet the Admissions Team: Information Sessions and other eventsRSIS Alumni
  • Outreach
      Global NetworksAbout Global NetworksRSIS Alumni
      Executive EducationAbout Executive EducationSRP Executive ProgrammeTerrorism Analyst Training Course (TATC)
      International ProgrammesAbout International ProgrammesAsia-Pacific Programme for Senior Military Officers (APPSMO)Asia-Pacific Programme for Senior National Security Officers (APPSNO)International Conference on Cohesive Societies (ICCS)International Strategy Forum-Asia (ISF-Asia)
  • Publications
      RSIS PublicationsAnnual ReviewsBooksBulletins and NewslettersRSIS Commentary SeriesCounter Terrorist Trends and AnalysesCommemorative / Event ReportsFuture IssuesIDSS PapersInterreligious RelationsMonographsNTS InsightPolicy ReportsWorking Papers
      External PublicationsAuthored BooksJournal ArticlesEdited BooksChapters in Edited BooksPolicy ReportsWorking PapersOp-Eds
      Glossary of AbbreviationsPolicy-relevant Articles Given RSIS AwardRSIS Publications for the YearExternal Publications for the Year
  • Media
      Cohesive SocietiesSustainable SecurityOther Resource PagesNews ReleasesSpeechesVideo/Audio ChannelExternal Podcasts
  • Events
  • Contact Us
    • Connect with Us

      rsis.ntu
      rsis_ntu
      rsisntu
      rsisvideocast
      school/rsis-ntu
      rsis.sg
      rsissg
      RSIS
      RSS
      Subscribe to RSIS Publications
      Subscribe to RSIS Events

      Getting to RSIS

      Nanyang Technological University
      Block S4, Level B3,
      50 Nanyang Avenue,
      Singapore 639798

      Click here for direction to RSIS

      Get in Touch

    Connect
    Search
     
    • RSIS
    • BlogsInternal Conflicts and Human SecurityRefugees Not the Focus in Australia – Malaysia Asylum Deal

    Refugees Not the Focus in Australia – Malaysia Asylum Deal

    In a previous blog post, I suggested that attempts to promote ‘managed migration’ through the Bali process to curb human trafficking and smuggling was a progressive anti-trafficking measure. The 2011 Regional Cooperation Framework outlined that consistent assessment processes for asylum seekers be established and anti-trafficking measures developed with greater sensitivity to economic, social and political root causes of irregular migration. Adopting a ‘managed migration’ approach ensures a deeper analysis to understand the various clusters and circumstances of irregular migrants. This avoids conflation of all irregular migrants as illegal migrants in immigration and trafficking laws.

    Following the Bali Dialogue, Australia and Malaysia made an asylum deal, which is intended to dampen irregular maritime arrivals through tackling “human trafficking” and “human smuggling” into Australia. The use of trafficking and smuggling syndicates by asylum seekers to reach Australia has gained significant media attention, since the Tampa Affair in 2001. Furthermore, most illegal maritime migrants into Australia are given refugee protection. According to Australian Immigration Minister Chris Bowen, most refugees heading to Australia first fly to Kuala Lumpur before starting their boat journey to Australia via Indonesia. However, other asylum seekers without proper documentation utilize illegal maritime migration as their only option to reach Australia, as a preferred destination place for asylum. Australia’s signatory status may be an incentive. Nevertheless, the agreement between the Australian and Malaysian governments for refugee status determination to be undertaken in Malaysia is intended to thwart the business model of human smuggling/trafficking syndicates. The prospect of return to Malaysia aims to discourage risky journeys by illegal maritime migrants.

    However, the transfer of 800 asylum seekers to a non-signatory state like Malaysia to the Refugee Convention is controversial. Malaysia’sapproach towards asylum seekers includes arbitrary detention and minimal integration into society after processing. Similarly, although a signatory to the Refugee Convention, Australia’s approach reflects little regard for the rights and protection of asylum seekers or refugees. For example, the Refugee Convention prohibits discrimination based on the migration means of asylum seekers (para 28, pp. 9; para 98, pp. 33). Despite their illegal entry, Australia has an obligation to ensure the rights of asylum seekers are protected by allowing them access to be processed in Australia. Instead, by diverting these persons to Malaysia, Australia could be refouling asylum seekers. However, Australia refutes this through a narrow reading of the Convention. Without an independent and robust mechanism to determine ‘refoulement’, this remains open to interpretation.

    There are ongoing calls for Malaysia to ratify the Refugee Convention as a prerequisite to the asylum deal. Malaysian Convention Ratification and adherence would create employment and welfare access for refugees and recognition as juridical subjects. However, convention ratification does not guarantee fulfillment of obligations by the State. For example, Australia, despite its signatory status, maintains a questionable detention policy and culture. This policy violates international human rights law as encapsulated by The Refugee Council of Australia.

    If similar approaches to the Refugee Convention produce such bargains, and are not tackled, similar future deals will encourage a lower standard among states towards their Convention obligations.

    Overall, the Australian – Malaysian asylum deal concentrated on treating asylum seekers as prima facie illegal maritime migrants overshadows states’ commitments at the Bali Dialogue to broaden their conception of and response to irregular migrants.


    Popular Links

    About RSISResearch ProgrammesGraduate EducationPublicationsEventsAdmissionsCareersVideo/Audio ChannelRSIS Intranet

    Connect with Us

    rsis.ntu
    rsis_ntu
    rsisntu
    rsisvideocast
    school/rsis-ntu
    rsis.sg
    rsissg
    RSIS
    RSS
    Subscribe to RSIS Publications
    Subscribe to RSIS Events

    Getting to RSIS

    Nanyang Technological University
    Block S4, Level B3,
    50 Nanyang Avenue,
    Singapore 639798

    Click here for direction to RSIS

    Get in Touch

      Copyright © S. Rajaratnam School of International Studies. All rights reserved.
      Privacy Statement / Terms of Use
      Help us improve

        Rate your experience with this website
        123456
        Not satisfiedVery satisfied
        What did you like?
        0/255 characters
        What can be improved?
        0/255 characters
        Your email
        Please enter a valid email.
        Thank you for your feedback.
        This site uses cookies to offer you a better browsing experience. By continuing, you are agreeing to the use of cookies on your device as described in our privacy policy. Learn more
        OK
        Latest Book
        more info