THE REFUGEE COUNCIL OF NEW ZEALANDTHE REFUGEE COUNCIL OF NEW ZEALAND

Because of our remote geographic location, New Zealand has not yet Because of our remote geographic location, New Zealand has not yet had to contend with asylum boat arrivals or people smuggling had to contend with asylum boat arrivals or people smuggling operations as currently is being experienced in northern Australian operations as currently is being experienced in northern Australian territorial waters. The issue has been terribly polarising and divisive territorial waters. The issue has been terribly polarising and divisive for Australia.  Yet many of the people seeking asylum are so for Australia.  Yet many of the people seeking asylum are so desperate to escape the dangers and conditions in their countries of desperate to escape the dangers and conditions in their countries of origin or transition that they will risk their lives to seek any safe origin or transition that they will risk their lives to seek any safe haven. If the future predictions of boat arrivals eventually prove haven. If the future predictions of boat arrivals eventually prove correct, how prepared will New Zealand be to receive them and correct, how prepared will New Zealand be to receive them and respond humanely? How will New Zealand continue to uphold its respond humanely? How will New Zealand continue to uphold its international reputation for fairness and humanitarian practices international reputation for fairness and humanitarian practices under similar pressure as faced by Australia? under similar pressure as faced by Australia?

Boat People, Public Policy and Humanitarian Alternatives to Detention

Why Governments Detain Asylum Seekers and Intending Irregular Migrants?

Underlying reasons why governments around the world detain irregular migrants include (Field 2006):

- Deterrence of future Asylum Seekers or irregular migrants from making attempts to enter (proven conclusively NOT to work)- Providing a sense of control (political) over territorial borders- Responding (reacting) to political pressures and concerns of segments of the public- In relatively rare cases, addressing identity or genuine security issues

MIGRATION AS A MAJOR POLITICAL ISSUE IN THE 21ST CENTURY

Control of its own borders is a key Control of its own borders is a key test of the sovereignty of a test of the sovereignty of a

country and a necessary and country and a necessary and essential responsibilty of essential responsibilty of

governmentgovernment::

Control of its own borders is a key Control of its own borders is a key test ........but...........test ........but...........

Neither Australia nor New Zealand Neither Australia nor New Zealand are in are in any danger of losingany danger of losing border control...... border control......

Quickly, it becomes a political football Quickly, it becomes a political football and govts back themselves into cornersand govts back themselves into corners

Hence, the myths such as ‘queue-Hence, the myths such as ‘queue-jumping’jumping’

Actual Asylum ClaimsActual Asylum ClaimsTable 1. New Zealand Asylum Refugee Claims by YEAR NUMBER OF CLAIMS LODGED NUMBER OF

APPROVED CLAIMS 2004 580 208 2005 348 209 2006 276 145 2007 248 113 2008 254 128 2009 319 93 Total 2025 896

Source: Immigration NZ (2009)

Fiscal Year Detained MAC Detained Prison Total Detained

2004-05 62 14 762005-06 58 12 702006-07 34 4 382007-08 18 8 262008-09 16 6 222009-10 11 6 17

ACTUAL ANALYSIS OF DETENTION IN NZ

Overwhelming Evidence: Overwhelming Evidence: Effects of Detention on Effects of Detention on

PeoplePeople Depression and psychological Depression and psychological

disorders, suicides in adults disorders, suicides in adults Permanent damage to children in Permanent damage to children in

disorders and learning impairmentsdisorders and learning impairments In children regressive behaviours, In children regressive behaviours,

social withdrawalsocial withdrawal Both physical and mental illnessBoth physical and mental illness Refer to literature references in textRefer to literature references in text

Lessons from AustraliaLessons from Australia DO’s and DON’T’sDO’s and DON’T’s

   DO engage in a well-informed, rational debate on what should DO engage in a well-informed, rational debate on what should

happen in the event of a boat arrival in NZ territorial waters happen in the event of a boat arrival in NZ territorial waters well beforewell before it actually occurs it actually occurs

DO avoid allowing the issue to become a highly charged and DO avoid allowing the issue to become a highly charged and divisive political footballdivisive political football

DO engage in bi-partisan, multi-party discussions to agree in DO engage in bi-partisan, multi-party discussions to agree in principle what should happen when a boat eventually arrives. principle what should happen when a boat eventually arrives. Base this on international best practice and the humanitarian Base this on international best practice and the humanitarian principles for which New Zealand is internationally knownprinciples for which New Zealand is internationally known

DO have a clear, effective, transparent plan in place to process DO have a clear, effective, transparent plan in place to process

and accommodate those arrivingand accommodate those arriving

Lessons from AustraliaLessons from Australia DO have in place accommodation, medical care, legal DO have in place accommodation, medical care, legal

assistance and a proper mechanism for rapid processing of assistance and a proper mechanism for rapid processing of any asylum claims under international and domestic lawany asylum claims under international and domestic law

DO treat the arrivals humanely, courteously and with DO treat the arrivals humanely, courteously and with respect. Treat asylum seekers as you would wish to be respect. Treat asylum seekers as you would wish to be treated yourself if you had to flee your countrytreated yourself if you had to flee your country

DO provide rapid processing of claims and don’t leave DO provide rapid processing of claims and don’t leave asylum seekers in limbo or languishing in detention for asylum seekers in limbo or languishing in detention for long periods of timelong periods of time

When a claim has failed and appeals are exhausted, act When a claim has failed and appeals are exhausted, act rapidly and fairly to try to achieve a voluntary repatriation rapidly and fairly to try to achieve a voluntary repatriation or transfer, with deportation as a last resortor transfer, with deportation as a last resort

Lessons from AustraliaLessons from Australia DON’T put asylum seekers in fenced detention centres in the DON’T put asylum seekers in fenced detention centres in the

middle of the outbackmiddle of the outback DON’T put women and children in detention at all – it harms them DON’T put women and children in detention at all – it harms them

seriously as well as harming the society which allows or carries it seriously as well as harming the society which allows or carries it outout

DON’T keep asylum seekers in detention for long periods at all. DON’T keep asylum seekers in detention for long periods at all. Research and experience around the world shows that community Research and experience around the world shows that community placement works best for all concernedplacement works best for all concerned

DON’T use hapless refugees to score political points or for DON’T use hapless refugees to score political points or for scaremongering purposesscaremongering purposes

DON’T expect that putting asylum seekers in detention will have DON’T expect that putting asylum seekers in detention will have any effect at all on deterring others from coming – the any effect at all on deterring others from coming – the overwhelming evidence shows it doesn’t and it won’toverwhelming evidence shows it doesn’t and it won’t

DON’T be closed to moving forward with a sound plan based on bi-DON’T be closed to moving forward with a sound plan based on bi-partisan consensus or try to take full charge and do it your own partisan consensus or try to take full charge and do it your own way because you are in power and you canway because you are in power and you can

DON’T ignore the advice of UNHCR and experts who know what DON’T ignore the advice of UNHCR and experts who know what they are talking about they are talking about

Action RecommendationsAction Recommendations

The importance of simple, consistent and coordinated messaging from the sector The importance of simple, consistent and coordinated messaging from the sector was noted, as was the power of personal stories of refugees in New Zealand.was noted, as was the power of personal stories of refugees in New Zealand.

It was recommended that the sector investigate pooling resources orIt was recommended that the sector investigate pooling resources or obtaining pro-bono assistance from a public relations firm to help promote ‘goodobtaining pro-bono assistance from a public relations firm to help promote ‘good news stories’ of refugees, particularly asylum seekers in New Zealand.news stories’ of refugees, particularly asylum seekers in New Zealand. It was recommended that the sector use the Refugee Council of Australia factIt was recommended that the sector use the Refugee Council of Australia fact

sheets as a guide to developing/customising ‘myth-busting’ informationsheets as a guide to developing/customising ‘myth-busting’ information

specific to New Zealand.specific to New Zealand.

It was recommended that the sector share ‘friendly’ media contacts toIt was recommended that the sector share ‘friendly’ media contacts to

increase the information and contacts in the sector available to thoseincrease the information and contacts in the sector available to those

journalists more likely to write positive stories.journalists more likely to write positive stories. It was recommended that the sector investigate an NGO-driven forum toIt was recommended that the sector investigate an NGO-driven forum to

come up with issues that would form the basis of sector-wide advocacycome up with issues that would form the basis of sector-wide advocacy

campaigns each year. A media workshop, with journalists participants, could be campaigns each year. A media workshop, with journalists participants, could be

part of such a forum to help build skills and understanding on both sidespart of such a forum to help build skills and understanding on both sides..

Media Messages: Media Messages: Connecting With Kiwi Values Connecting With Kiwi Values

on Asylumon Asylum1.1. Self-sufficient/resourceful - ‘Kiwi can-Self-sufficient/resourceful - ‘Kiwi can-

do’do’

2.2. Easy going/friendly/informalEasy going/friendly/informal

3.3. Fair and principled (honest)Fair and principled (honest)

4.4. Modest (‘tall poppy’ syndrome)Modest (‘tall poppy’ syndrome)

5.5. Cautious/restrainedCautious/restrained

6.6. Everyone deserves a ‘fair go.’Everyone deserves a ‘fair go.’ THERE IS NO QUEUE TO JUMP...........THERE IS NO QUEUE TO JUMP...........

20122012

Multi-party talks on common ground of Multi-party talks on common ground of policy in event of a sea arrivalpolicy in event of a sea arrival

Detailed plan for managing mass Detailed plan for managing mass arrivalarrival

Alternatives to detention: preparation Alternatives to detention: preparation for women and children particularlyfor women and children particularly

Rapid processingRapid processing Informing/educating public in advanceInforming/educating public in advance