Future for PNG Asylum-seekers

Friends, I'm sure everyone is feeling over the moon about the planned escape from PNG of Behrouz Boochani to NZ last week; and I do hope he'd be stayed put with Christchurch for sometimes. Mr Boochani's escape from PNG may also indicate to us that there's a new willingness from the Office of UNHCR to help those asylum-seekers in PNG [#1].

AUSTRALIA'S RESPONSIBILITY

From what I understood, historically, the onshore and offshore applications for refugee status in Australia were being assessed by certain section of UNHCR, known as "Determination of Refugee Status (DORS)", in Canberra. That certainly was the process I went through in 1992, when I applied for (onshore) refugee protection. I think, not exactly sure when, under the Labor Government Immigration Ministers, either Gerry Hand or Nick Bolkus, that system of involvement with UNHCR in asylum processing had changed; the Australian Immigration had taken control over all aspects of processing in asylum applications. In a way, the UNHCR's rudimentary oversight for the refugee application processing was removed then; But it still make sense, I suppose, as long as Australia carried out asylum processing in a fair and impartial manner, and taken the responsibility for resettlement of all the successful applicants.

FAILURE OF OFFSHORE PROCESSING

With current offshore processing regime -- in addition to the enslavement crime -- there has been no meaningful status outcomes for asylum-seekers. For example, the claim for asylum being processed by PNG-ICA or Nauruan Authorities, it would have no bearing for refugee status whatsoever at the international settings and in terms of Refugee Convention. Though, the process might still make sense if Australia has prepared to take in the processed persons for the resettlement, because Australia has delegated its authority for asylum processing to PNG and Nauru by means of Government-to-Government MOUs.

THE UNHCR MUST STEPPED IN

I do think the UNHCR must firstly recognized Australia's failure -- Evidence: Bomana53# -- in processing and resettlement of asylum seekers on PNG and Nauru. Secondly, the UNHCR should issue -- as is to with Mr Boochani -- certain forms of "Person of Concerns to UNHCR" to those asylum-seekers currently stranded in PNG. This will at least enabled those asylum-seekers to travel legally and entered into whichever country they may have been welcomed.

CANADA AND EUROPE, SOME RAYS OF HOPE

As you've been aware, since early August I'd been sending appeal letters to Canadian Government [#5] and European Union countries [#6] for resettlement of those on Manus/PNG. Recent re-election of Canadian Prime Minister Justin Trudeau has given us hope that a more generous placements might be forthcoming for those asylum seekers now in PNG.

As for the European Countries, I've got a reply from EU Humanitarian Commissioner Stylianinidis. The Commissioner said he is certainly aware about Australia's offshore processing regime and his office doesn't have the competence in the area of resettlement. The European Union member countries at present had the priority resettlement for those refugees from Syria and Central Mediterranean routes. But, he said, some EU member countries may still have a small number of emergency resettlement positions they reserved, for which we could applied for PNG asylum-seekers (not being accepted for individual applications). We better give it a try on those avenues, I suppose, in addition to New Zealand and Canada.

US RESETTLEMENT: TRUMP-TURNBULL LEGACY

My views on the so-called US/Australia refugee swap deals has been that it is mainly of the Turnbull Government's plan to legitimise the Offshore Processing Regime. Mr Turnbull had lied to the then newly elected US President Donald Trump, as he told that there was an Obama era refugee resettlement deal. We should all be thankful to the leaked phone conversation between President Trump and Mr Turnbull [#4], which revealed to us that all Mr Turnbull wanted was for a "creating cover" or "appearance of US Government involvement" in the process. Although few hundreds refugee apparently went to USA under that program, the process has never been a "Government-to-Government" one. It is a type of private sponsorship program. The Turnbull's purpose for the US resettlement has been to buy more time for the Offshore Processing Regime, which is to prolong offshore enslavement.

The legacy Trump-Turnbull US Resettlement process, therefore, is a conspiracy to cover-up the offshore enslavement. Not far fetched scenario, that resettlement process may have criminal implications within the US Laws. There had been an example in "United States v. Kozminski (1988)"[#2], prosecution had been carried out under 18 USC Section 241 against those who conspiring to prevent the men from exercising their right to be free from involuntary servitude (slavery).

Those who have conspired the failed refugee swap deal with President Trump are still at large, of course. Doubtful we might ever get them for a trial, except for Mr Turnbull & LNP Cohorts, but that doesn't stop us from raising concerns with relevant US Authorities.

For that reason, I decided to keep away from any further advocacy on possible US resettlement. Obviously, those individual refugees already in the pipeline as well as their participating sponsors -- certain NGOs, I gathered -- this issue may not necessarily have impact on them.

FOR BOMANA PRISONERS

Evidently, we can only speak for the resettlement of those who have stranded in Port Moresby. There has been no signs of PNG-ICA releasing Bomana Prisoners and some of them are to bring under the Medievac. We need to keep probing on Bomana53# and some efforts are still underway [#3]. Do check out on Bomana Page Updates [ http://www.aus4iccwitness.org/node/78 ].

Cheers, NetIPR.

[#1] https://www.theguardian.com/australia-news/2019/nov/14/a-long-flight-to-...

[#2] https://caselaw.findlaw.com/us-supreme-court/487/931.html

[#3] http://www.aus4iccwitness.org/node/78

[#4] http://www.aus4iccwitness.org/node/49
Letter to Justin Trudeau, Canadian PM.
[#5] http://www.aus4iccwitness.org/node/73
Letter to Stylianidis, EU Humanitarian Commissioner
[#6] http://www.aus4iccwitness.org/node/74