Boat People and the Body Politic

Abstract

The appearance of boats laden with asylum seekers in Australian territorial waters is rarely far from news headlines and it would seem that few Australians lack an opinion about the protections which should follow their arrival. Rather than addressing public fear and hostility within a framework of human rights, successive governments have characterized “boat people” as an unwelcome incursion into Australia’s territorial sovereignty. The consequent demonization of irregular maritime arrivals has underpinned policies which undermine the rule of law and subvert the proper understanding of Australia’s human rights obligations under international law.

This chapter examines the treatment of irregular maritime arrivals with reference to human rights guarantees undertaken by Australia. After considering the relationship between sovereignty and refugee rights, the structure of Australia’s humanitarian program and applicable international standards, the chapter explores the implications of two key policies: the enduring immigration detention regime and the various manifestations of offshore processing from the Pacific Strategy and beyond. These policies have seen successive Australian governments fail to meet their obligations under the Refugee Convention and other core human rights instruments.

Keywords: Australian Refugee Policy, Boat Arrivals, Refugees, Immigration Detention, Offshore Processing

JEL Classification: K30, K33, K37