People Smugglers

November 2009 : Prime Minister Kevin Rudd described people smugglers as: "The vilest form of life, engaged in the world’s most evil trade.. " and "Scum… who should be left to rot in hell."

Are people smugglers as bad as this? Are they slave traders and traffickers in human flesh, deserving the harshest criminal sanctions?

Not according to international law. People smugglers are those who assist others to cross an international boundary to seek asylum in a country like Australia that has signed the Refugee Convention 1951. While the Howard Government demonised asylum seekers, the Rudd Labor Government vilifies people smugglers so that it can deflect attention from its anti-asylum seeker policies.

Who are people smugglers? Some are family members acting from compassion for no financial reward. Others are impoverished Indonesian fishermen who have lost their livelihood to large scale industrial firms running factory ships which have depleted fish stocks in the area. Some do it for noble motives, wanting to assist those in need; some are members of criminal syndicates after large profits. All kinds of people might engage in people smuggling for all kinds of reasons.

Why use people smugglers? Because there is no other choice. The “push” factors – war and persecution in Afghanistan, Iraq, Sri Lanka and China – cause people to flee and seek safe haven. In our region we are the only country which is bound by the Refugee Convention. There is no permanent protection for asylum seekers in Indonensia where they are detained in horrendous condition. Even when found by the UNHCR to be refugees, they cannot seek employment in Indonesia, send their children to school, or apply for residency or family reunion.

Attacking people smugglers will not stop refugees fleeing from persecution and repression, nor will the dangers of the crossing stop them from trying.

To protect our borders from boat people seeking asylum is to condemn them to a life of misery and hopelessness in camps in the neighbourhood countries.

Instead of pushing our treaty obligation onto others, the UN, Malaysia and Indonesia, as a bare minimum Australia should double its humanitarian intake from the present 13,750 to 27,500 a year. This number is well within our capacity, considering that 30,000 Australians leave permanently every year and we take in over 100,000 migrants in other categories.