Analysing the issue of Tamil asylum seekers in Indonesia

Since 10th October, I have been speaking to various people on the boat in Merak a few times a day. Further, I have met with various refugee organisations in Australia and Indonesia, the department of foreign affairs in Australia as well as Indonesia and the Human Rights Commission in Indonesia to understand the various points of view. Based on all this, the following are answers to the common questions that are in the public’s mind.

Why do they leave Sri Lanka now that they war is over?

As Australia’s Foreign Minister Stephen Smith said, “Sri Lanka has won the war. Now it has to win peace”. As all of us know, the war resulted in over 20,000 people being killed and 300,000 being held in internment camps for over 180 days. Whether in the internment camp or in any part of Sri Lanka, Tamils continue to be persecuted with thousands going missing without any enquiry.   According to the UN working group of disappearances Annual report, next to Iraq, Sri Lanka had the second most number of disappearances in any country around the world.   An overwhelming number of them were Tamil.   If you are a Tamil male aged 16 to 45, with an ID card which shows you were born in the North or East of Sri Lanka, there is a risk that you may be persecuted and even disappear. Of course, Tamils born in other parts of the country are also persecuted. This includes Tamils born overseas. Basically, if you are a Tamil, you will be persecuted.

Why do they come to Australia and not Indonesia/Malaysia/Thailand/India

Indonesia, Malaysia, Thailand and India have not signed the UN Convention on Refugees. This means, they may be kept in detention for many years and may even face deportation. Also, these countries do not have a good track record of human rights, especially for those who are considered illegal immigrants. They may also share the information about individual refugees and their claims with the Sri Lankan government, but countries like Australia will maintain privacy.

Is it illegal to go without a valid visa?

A person who fears persecution has the right to flee to safety without a valid visa or valid paperwork. They are not “illegal” immigrants if found to be genuine refugees.

Are the 254 people on the boat genuine refugees?

109 of those on board have been declared as genuine refugees by the UNHCR. The remaining 145 have to be processed by the UNHCR to determine whether they are genuine or not. Without that process being completed, it is wrong to speculate. It is noteworthy that 100% of those who were rescued in international waters by Australia’s Oceanic Viking ship were found to be genuine refugees. In fact, according to Australian Government statistics, over 80% of those who arrive on boat are genuine refugees. Based on these statistics, there is a high probability that most, if not all the 254 will be genuine refugees. But we won’t know until the UNHCR is allowed by the Indonesian authorities to process their applications. The refugees have been requesting this from 10th of October, but Indonesia has not allowed that.

How can refugees afford to pay people smugglers?

A genuine refugee is not necessarily a destitute person. Millionaires can also be persecuted and fear for their lives and leave Sri Lanka. Money cannot buy you freedom. The richer asylum seekers pay about $40,000 to buy false visas to arrive by plane. Those who can’t afford that large amount, pay about $16,000 to get on a boat and risk their lives and risk the possibility of getting locked up in Indonesia. These Tamils take loans or sell their assets or get assistance from their family in order to save their lives. If Sri Lanka was a safe country, they would be better off using that money to live comfortably in their own home with servants rather than starting life again with a debt and working hard to have a decent life.

Are people who weren’t in internment camps refugees?

The people who were or still are in the internment camp are affected the most and need international assistance desperately. Therefore, all Tamils and non-Tamil humanitarians should do their best to assist them.

The internment camps were only established in 2009. Even before that, especially since 1983, hundreds of thousands of Tamils went as refugees to various parts of the world. If we believe they are genuine refugees fleeing persecution, then why should we now say only those from the camps are genuine refugees? Anyone who fears persecution is a genuine refugee.

Many feel they should not help those on the boat but must only help those in the camps. Those people should check their conscience to see if they are really doing their best for those in the camps and also if they really don’t have any time to consider those on the boat. Should we spend our precious time criticising those who help or are we better off using that time to do something to help?

Why does the Sri Lankan Government want them deported back to Sri Lanka?

Many of these asylum seekers have witnessed the conditions in the camps and atrocities committed in the war zone, and it is in the interests of the Sri Lankan Government to ensure their voices are not heard.   Sri Lanka is being funded monetarily by the Australian Government for co-operating with them on “border protection”, which means using Sri Lankan security forces and providing them with equipment to stop people from fleeing the country and heading for safer places like Australia.   It is not just in Australia’s interests, but the Sri Lankan government’s interests to make sure these people are deterred from seeking refuge.

Why don’t they get off the boat?

If they get off the boat, they will be held in detention in Indonesia for up to 10 years waiting for a resettlement country. The conditions in the detention centres are sometimes as bad or even worse than on the boat (http://vimeo.com/7298789) and they are also fearful of being deported back to Sri Lanka since Indonesia has not signed the refugee convention.   If they stay on the boat, there is a chance that Australia or another country may feel sympathetic and give them a chance to rebuild their lives.

What does Indonesian government feel about the boat in Merak?

Indonesian authorities obliged with Australian Prime Minister’s request to intercept the boat. They feel, Australia has now washed their hands off and made this Indonesia’s problem. Indonesian authorities want Australia to take ownership of the issue as this is not their problem.

Why should Australia take them?

These refugees were heading to Australia. Majority, if not all, are genuine refugees. As Australia has voluntarily signed the refugee convention, Australia has an obligation to give refuge to those who flee persecution. In this particular case, Australian Prime Minister made a personal phone call to requesting Indonesia stop the refugees inside Indonesian waters. But the Prime Minister was aware that Indonesia has not signed the UN Convention for refugees and that these refugees will not get the protection they need. Therefore, Australia has a moral obligation to ensure genuine refugees are provided refuge. Australia only takes 0.3% of the world’s recognised refugees for resettlement which is well short of Australia’s international obligation to share the burden. Australia took 200,000 Vietnamese boat people as a responsible international player and has benefited from their contribution to the Australian society. Tamils who have come to Australia have also contributed to enhance the Australian economy and society. Studies have shown that Australia needs growth in population to boost its economy, and accepting genuine refugees, who mostly turn out to be hard working people is a good way of boosting the economy.

Instead of spending $650 million dollars a year on border protection, Australia could take leadership in the Asia Pacific region and call for human rights violations to cease in Sri Lanka. Once human rights violations cease in Sri Lanka, there won’t be a genuine reason to flee the country and seek refuge. So, Australia should treat the root cause and not just the symptoms of the problem.

Are they queue jumpers?

There has to be queue in order to jump it. There is no mechanism in Sri Lanka for UNHCR to process refugee applications within the camps, and therefore, there is no queue in Sri Lanka. Refugee status and resettlement are granted in the order of urgency and not in the order of application receipt date. When you apply for humanitarian visa in Sri Lanka the application could take anything up to 2 years to be processed, and therefore it is not an option and therefore could not be considered as a queue. If UNHCR recognises a person as a refugee in Malaysia or Indonesia, it waits for a resettlement country to accept them. Australia takes about 35 per year when there are thousands in Malaysia, Indonesia and Thailand recognised as genuine refugees awaiting resettlement.   Other countries feel Australia should take refugees from the Asian countries and don’t take these refugees either?. This may result in refugees being held for up to 10 years behind bars without human rights or the right to work or the right to go to school, etc.

The Tamils have faced persecution and have undergone trauma watching their villages, homes, and livelihoods destroyed and their family and friends killed or disabled and/or incarcerated. Putting them in a foreign country in detention cells for a further 3 – 10 years will traumatise them further. Any country which has signed the UN Human Rights convention should not support such detention.

In short, only way Tamils can seek refuge is by getting on a plane or boat to get to a country that resettles refugees. Applying from transit countries or from Sri Lanka would take years, during which they will face persecution or life behind bars.

How do the 254 on the boat survive for food, accommodation and medicine?

Firstly it is important to point out that there has already been one avoidable death on the boat.   This is despite the fact that the International Organsiation for Migration (IOM) has the responsibility of caring for asylum seekers on the boat as well as in detention centres. This includes providing food and medical assistance. The Australian government pays $12m per annum to IOM in Indonesia for this purpose. The food provided is not very hygienic and lacks essential nutrients, but is still available and therefore the asylum seekers do not starve and in fact may put on weight as the food is high in carbohydrates and there is no opportunity to exercise in the boat or in the detention cells.

The medical assistance received is well below acceptable standards for human beings, and in addition to the death there are now some major concerns in regard to at least 4 others.

How do the asylum seekers have mobile phone access?

They may have had mobile phones when they fled Sri Lanka or have purchased them in Malaysia before boarding the boat. Mobile phones are no longer luxury items and even labourers in Sri Lanka have them.

In Merak   Indonesia, Prepaid contracts can be purchased for $10. This can be facilitated through bribing the guards or through sympathisers who pass it via the guards. Phone credit can be topped up by a sympathiser purchasing credit at shops and then calling the asylum seekers and giving the PIN to activate the credit. The asylum seekers do not use their credit too much as they text the media or their sympathisers, who in turn call them back to save their costs. Top up credits and other costs may be funded by the asylum seekers’ families or friends from overseas who may transfer money to Indonesian sympathisers using international money transfer methods.

Why should the media and the public continue to raise awareness of regarding the asylum seekers?

Raising awareness and exposing countries that do not practice human rights protection is the only way these refugees and other refugees around the world will get a chance of being resettled and face freedom. The role of the refugee activists and sympathisers is paramount to keep the issue alive and not forgotten. This is not just for the sake of the asylum seekers, but also to raise the plight of the Tamils in Sri Lanka. The media coverage received due to the asylum seeker crisis is far greater than when 20,000 Tamils were killed in Sri Lanka in May 2009. This is ironic, but the reality.

Compiled by Refugee Action Collective (Vic) 18 January 2010