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Operation Sovereign Borders

From Wikipedia, the free encyclopedia
Australian immigration policy
See also:Asylum in Australia andImmigration detention in Australia

Operation Sovereign Borders (OSB) is a border protection operation led by theAustralian Border Force, aimed at stopping maritime arrivals ofasylum seekers toAustralia.[1] The operation is the outcome of a2013 federal election policy of theCoalition, which commenced on 18 September 2013 after the election of theAbbott government.[2] The operation has implemented a "zero tolerance" posture towards what it has termed "Illegal Maritime Arrivals" − a change in terminology from the previous government's "Irregular Maritime Arrivals"[3] − in Australia, in conjunction withmandatory detention in offshore detention facilities.

The current Commander of Operation Sovereign Borders, Rear Admiral Brett Sonter, was appointed to the command on 10 January 2024.[4]

Background

[edit]
Persons arriving by unauthorized boat to Australia by calendar year
Persons arriving by unauthorized boat to Australia by calendar year

During the 2013 federal election, the Abbott-led Coalition campaigned on a policy that, if elected to government, they would "stop the boats" and would launch Operation Sovereign Borders, combining the resources of multiple government bodies under direct control of athree star general. Following the election, Angus Campbell was promoted and appointed to oversee the operations.[5]

Following the 2013 election, the portfolio of theMinister for Immigration was renamed as the Minister for Immigration and Border Protection. The appointed ministers, initiallyScott Morrison and subsequentlyPeter Dutton, refused to release information on asylum seeker boat arrivals as they occurred,[6] and a weekly media briefing was announced.[7][8] In January 2014, having not held a media briefing for almost a month, Morrison announced that briefings would be held on what he described as "an as needs basis".[9] On 10 July 2014, Morrison stated that the secrecy policy was put in place by Lieutenant General Campbell, which had been rigorously implemented by ministers, their advisers, and various government departments.[10]

Policy proposals

[edit]

Regional Deterrence Framework

[edit]

On 23 August 2013, during the election campaign, the Coalition announced a key component of Operation Sovereign Borders called the Regional Deterrence Framework.[11] Budgeted at A$420 million, the RDF aimed to engage with other countries in the region, particularlyIndonesia, to prevent asylum seeker vessels leaving for Australia. The framework included a $20 million proposal (titled "The Indonesian community engagement programme") which was to include:[12]

  • Communications campaigns to raise awareness within local villages that people smuggling is a criminal activity;
  • A capped boat buy-back scheme that was to provide an incentive for owners of decrepit and dangerously unsafe boats to sell their boats to government officials rather than people smugglers;
  • Support for wardens in local communities, whose role was to be to provide intelligence information to theIndonesian National Police on people smuggling operations;
  • the option in exceptional circumstances for bounty payments for the provision of information resulting in significant disruptions or arrests leading to convictions.

The "buy-the-boats" plan was widely ridiculed,[13] withfact-checking groupPolitiFact Australia[14] calling the proposal "ridiculous".[15] Lieutenant General Campbell told aSenate Estimates committee that, two months into the OSB program, no boats had been purchased because Indonesia did not support the idea, although he stated that the measure remained available.[16]

Communication campaign

[edit]
An example of an advertisement in the campaign

The government runs a "communication campaign to counter people smuggling" with advertisements in multiple languages,[17] targeting "press, radio, social and search media" across Australia. Between January and May 2015, $750,000 had been spent on the campaign.[18]

Structure

[edit]

Operation Sovereign Borders operates as a Joint Agency Taskforce (JATF), with the support of a range of government agencies, organised as three operational task groups:[19]

Commanders

[edit]
RankNamePost-nominalsServiceTerm beganTerm ended
Lieutenant GeneralAngus CampbellDSC, AMArmy18 September 201316 May 2015
Major GeneralAndrew BottrellCSC &Bar, DSMArmy16 May 20151 February 2017
Air Vice MarshalStephen OsborneAM, CSCRAAF1 February 201714 December 2018
Major GeneralCraig FuriniAM, CSCArmy14 December 201828 August 2020
Rear AdmiralLee GoddardCSCRAN28 August 202011 December 2020
Rear AdmiralMark HillAM, CSCRAN15 December 20204 February 2022
Rear AdmiralJustin JonesCSCRAN4 February 202210 January 2024
Rear AdmiralBrett SonterRAN10 January 2024Incumbent

Outcomes

[edit]
Immigration Detention Population to December 2014

Abbott's government claimed a ninety per cent reduction in maritime arrivals of asylum seekers.[20] There were 207 in November 2013, as opposed to 2,629 in November 2012.[21][22][23]

In response,Shadow Minister for Immigration and Border ProtectionRichard Marles claimed there was a 40 per cent reduction in arrivals in the month following the introduction of the Regional Resettlement Arrangement withPapua New Guinea, shortly before the 2013 election.

On 19 June 2014, the Government announced that it had been six months since the last successful boat arrival.[24]

July 2014: Legal challenge

[edit]

On 7 July 2014, a vessel containing 153 mostlyTamil asylum seekers fromSri Lanka was intercepted by Australian authorities 27 kilometres (15 nmi) fromChristmas Island. The government refused to confirm the existence, location, or status of the boat, until theHigh Court placed an injunction on any attemptedrefoulement of the vessel's passengers toSri Lanka, while the full bench of the Court considered a challenge to the handover on the grounds that the government was breachingnon-refoulement obligations underinternational law.[25] Under Article 33 of the UNConvention Relating to the Status of Refugees, to which Australia is a signatory, this principle forbids a nation state from sending a refugee back to anywhere where they may face persecution.[26]

Pre-empting the decision of the court, Minister for Immigration and Border Protection Morrison announced that the people on the boat would be transferred to theCurtin Immigration Reception and Processing Centre inWestern Australia, where they would be assessed by Indian consular officials under an arrangement made with that country to repatriate anyIndian citizens or residents.[27] On 2 August, Morrison announced that the group had refused to meet withIndian officials and were then transferred to theNauru Regional Processing Centre.[28]

The government's response was to rush through Parliament the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014, which was passed by both Houses in December 2014, placing border policing ahead of asylum seeker rights as expressed in UN Convention.[29]

Unlawful arrivals by boat per month
MonthBoatsPersonsNotes
From 18 September 20135205
October 20135339
November 20135207
December 20137355
January 201401[30]
July 20141157[31]
Source:"Operation Sovereign Borders:
log of boat arrivals and other asylum seeker incidents"
.
ABC News
. Australia. Retrieved5 February 2015.

Months with no arrivals are not listed.

Turnback operations

[edit]

The number of arrivals given in OSB operational updates is defined as those "transferred to Australian immigration authorities",[32] and does not include arrivals in Australian territorial waters who have been subject to a turnback operation—that is, sent out of Australian waters on their own vessel, or an Australian vessel employed for this purpose.[33] As of 7 February 2014,The Australian newspaper estimated that at least "six boatloads" of asylum seekers had been subject to turnbacks by OSB authorities.[34]

On 15 January 2014, an orange fibreglass "survival capsule", containing about 60 asylum seekers, came ashore at Cikepuh inWest Java. A second containing 34 people arrived atPangandaran on 5 February.[35]TheDaily Telegraph reported that the Australian government was believed to have purchased eleven of the capsules from Singapore at a cost of around $500,000.[36]

In May 2014, Australia was alleged to have placed two persons who had arrived earlier in the year onto a boat with other asylum seekers which was turned back to Indonesia.[37]

In January 2015, Minister Dutton announced that 15 vessels, containing 429 asylum seekers in total, had been subject to turnback operations of some kind towards Indonesia or Sri Lanka since the beginning of OSB.[38]

In May 2015, Australian authorities allegedly paid Indonesian boat crew to return 65 asylum seekers to Indonesia. This and other turnbacks like it could be seen as tantamount to people smuggling against origin and transit countries.[39]

In July 2015,Labor Shadow Minister Richard Marles conceded that "Offshore processing and regional resettlement, together with the Coalition's policy of turn-backs, is what actually stopped the boats".[40]

On 6 August 2015, the new immigration minister Peter Dutton announced it had been 12 months since the last successful people smuggling operation, with the lastSIEV arriving in Australia's care in July 2014. TheABC News'Fact Check subsequently listed the Coalition's "We Will Stop the Boats" promise as delivered.[41]In August 2015, Dutton stated that, since December 2013, 633 people on 20 vessels have been subject to turnback operations, including a boat fromVietnam in July.[42] In March 2016, Dutton stated that 698 people on 25 vessels had been turned back since the beginning of the OSB program.[43]

Resettlement

[edit]
This section needs to beupdated. Please help update this article to reflect recent events or newly available information.(March 2019)
Further information:Manus Regional Processing Centre,Nauru Regional Processing Centre, andasylum in Australia

In 2014, the status of asylum seekers sent to offshore processing centres inNauru Regional Processing Centre andManus Regional Processing Centre was decided: 13 people (9 people fromIran and 4 people fromPakistan) were grantedasylum, while 7 people (from Iran, Pakistan, andCameroon) received negative assessments. The asylum protection in Nauru was valid from 2014 for up to 5 years.[44]

As of 2015[update], more than 400 people who had their refugee claims rejected had been returned home from the Australian-run detention centre in Papua New Guinea, some of which did so voluntarily.[45]

Response

[edit]

Indonesian response

[edit]

TheIndonesian government has voiced concern over the operation due to its implications for Indonesia'snational sovereignty.[46][47] A member of theGolkar party,Tantowi Yahya, described the plan as "offensive", and officials from theIndonesian Navy said "forcing the boats back would also unfairly shift the burden of dealing with the asylum-seeker problem back on Indonesia".[48] The policy also came under fire from refugee advocates.[49]

On 26 September 2013,Indonesian Foreign MinisterMarty Natalegawa took the "unusual step" of releasing details of his talks about the policy with his Australian counterpartJulie Bishop,[50] which was later blamed on a clerical error.[51]

Australia has apologised for violating Indonesian waters during their "tow back" operations.[52] These incursions occurred afterChief of the Defence ForceDavid Hurley stripped naval personnel of workplace safety protections that would have required them to exercise "reasonable care" to protect their safety and that of the refugees.[53] On 21 January 2014, Customs (now Australian Border Force) and Defence announced that a joint review would be conducted to investigate the circumstances under which Australian naval vessels entered Indonesian territorial waters.[54] The inquiry, which covered the period between 1 December 2013 and 20 January 2014, found that twoRoyal Australian Navy frigates had crossed into Indonesian territory four times during the period, while Customs vessels did so on another two occasions.[55] In response, one Australian Navy officer lost his command, while several others were disciplined.[56] Indonesia has responded to the incursions by deploying military assets to intercept people-smuggling boats.[57][58]

Media response

[edit]

Several journalists and media outlets have expressed concern and frustration over the tightly controlled release of information about Operation Sovereign Borders, usually restricted to the weekly briefings held on Friday afternoons. In the weekly briefings, both Minister Morrison and Lieutenant General Campbell have refused to discuss "operational" or "on-water" matters in response to questions from journalists. The Minister has rationalised the control of information by stating that the government was not "operating a shipping news service for people smugglers".[59]

Allegations of navy mistreatment

[edit]

On 22 January 2014, the ABC broadcast allegations that Royal Australian Navy personnel had mistreated asylum seekers during an OSB operation, including video footage of passengers receiving medical treatment in Indonesia for burns on their hands, which they claimed were sustained when they were forced to touch a hot boat engine.[60] Morrison downplayed refugee claims of being abused by the Navy, and called for the ABC to apologise to the Navy.[61] The ABC'sMedia Watch program opined thatABC News had "over-reached" when reporting the story, and should have been more thorough in verifying the claims.[62] On 4 February, ABC managing directorMark Scott issued a statement saying "The wording around the ABC's initial reporting needed to be more precise on that point", referring to the video footage verifying the injuries but not how they had occurred.[63] On 7 February, Yousif Ibrahim Fasher repeated the initial allegations, as well as several further claims of mistreatment and possible breaches of maritime law in an interview with aFairfax correspondent.[64]

Political focus on boat arrivals

[edit]

Immigration law specialists, academics and others have criticised the political over-use of border control in general to win votes, and in particular of the exaggerated focus on boat arrivals being a danger to security and bringing illegal immigrants, when in fact the vast majority of illegal immigrants arrived by plane, with valid visas initially.[65][66]

United Kingdom

[edit]

The "Stop the boats" slogan and approach for Operation Sovereign Borders has become increasingly more popular in the United Kingdom over recent years due to the surge in illegal migrant numbers crossing via small boats.[67]

See also

[edit]

References

[edit]
  1. ^Keane, Bernard (25 July 2013)."Military reshuffle: Abbott's 'Operation Sovereign Borders'".Crikey. Retrieved25 November 2013.
  2. ^Liberal Party of Australia & The Nationals."The Coalition's Operation Sovereign Borders Policy"(PDF). Archived fromthe original(PDF) on 3 March 2016. Retrieved27 October 2013.
  3. ^Laugusen, Amanda."Word watch: Boat people".ANU Reporter.45 (2). Australian National University. Archived fromthe original on 2 December 2020. Retrieved15 January 2020.
  4. ^"Leadership".Operation Sovereign Borders - Department of Home Affairs (Australia). Retrieved7 February 2024.
  5. ^Brissenden, Michael (17 September 2013)."Tony Abbott appoints Angus Campbell to lead Operation Sovereign Borders policy".ABC News. Australia. Retrieved17 September 2013.
  6. ^Wroe, David (20 September 2013)."Veil of silence descends on asylum boat arrivals".The Age.
  7. ^Ireland, Judith (4 October 2013)."Coalition's resolve on asylum seekers 'stronger than ever before': Scott Morrison".The Sydney Morning Herald. Retrieved6 October 2013.
  8. ^"Operation Sovereign Borders – Transcripts of Weekly Press Conferences".
  9. ^"Scott Morrison says he will stop holding weekly asylum seeker briefings".ABC News. Australia. 14 January 2014.
  10. ^Tranter, Kellie (10 July 2014)."No comment on operations: how Morrison's media strategy took shape".The Guardian. Australia.
  11. ^Liberal Party of Australia & The Nationals."The Coalition's Policy for a Regional Deterrence Framework to Combat People Smuggling"(PDF).
  12. ^Ryan, Rosanna (23 August 2013)."Tony Abbott, Scott Morrison announce new 'regional deterrence framework' to stop asylum seekers".ABC News. Retrieved29 November 2013.
  13. ^"Scott Morrison defiant on 'crazy' boat buyback policy".The Sydney Morning Herald. 2 September 2013. Retrieved29 November 2013.
  14. ^"PolitiFact Australia". Retrieved19 April 2016.
  15. ^Pearlman, Jonathan; Martin, Peter (2 September 2013)."Indonesia boat buy scheme 'ridiculous'".The Sydney Morning Herald. Retrieved29 November 2013.
  16. ^Griffiths, Emma (19 November 2013)."Angus Campbell reveals no boats have been purchased under Operation Sovereign Borders".ABC News. Retrieved29 November 2013.
  17. ^"Counter People Smuggling Communication". Archived fromthe original on 15 April 2016. Retrieved19 April 2016.
  18. ^Whyte, Sally (7 May 2015)."Antisocial network: government targets Australians in asylum seeker ads".Crikey. Retrieved19 April 2016.
  19. ^"Operation Sovereign Borders".Department of Immigration and Border Protection. Retrieved9 December 2016.
  20. ^Ireland, Judith (21 October 2013)."Both sides claim credit for slowing boat arrivals".The Sydney Morning Herald.
  21. ^Bolt, Andrew (29 November 2013)."Under Abbott, 207 boat people in November. Under Gillard, 2630 boat people last November".Herald Sun.
  22. ^"Deterrents and punishments do not work to stop boats".Politifact. 9 September 2013. Archived fromthe original on 3 December 2013. Retrieved1 December 2013.
  23. ^"Operation Sovereign Borders: log of boat arrivals and other asylum seeker incidents".ABC News. Australia. 29 November 2013.
  24. ^"Satisfied Australia marks six months with no boatpeople".SBS News. Australia. 19 June 2014. Retrieved18 July 2014.
  25. ^Gordon, Michael (8 July 2014)."High Court considers case of asylum seekers being returned to Sri Lanka".The Age. Retrieved8 July 2014.
  26. ^"United Nations High Commission for Refugees".Unhcr. Retrieved30 July 2016.
  27. ^"Asylum seekers head to Australia".SBS News. Australia. 25 July 2014. Retrieved1 August 2014.
  28. ^"Australia sends asylum-seekers to Nauru, as India offer refused".The Times of India. India. 2 August 2014. Retrieved19 April 2016.
  29. ^Marmo, Marinella; Giannacopoulos, Maria (11 October 2017)."Cycles of judicial and executive power in irregular migration".Comparative Migration Studies.5 (16): 16.Bibcode:2017CmpMS...5...16M.doi:10.1186/s40878-017-0059-x.PMC 5636859.PMID 29071213.
  30. ^Swan, Jonathon (31 January 2014)."Asylum seeker transferred to Christmas Island, ending six-week period without any arrivals".The Sydney Morning Herald. Retrieved1 February 2014.
  31. ^Laughland, Oliver (31 July 2014)."Tamil asylum seekers: 80% reported showing signs of torture and trauma".The Guardian. Australia. Retrieved1 August 2014.
  32. ^Barlow, Karen (12 October 2013)."Australian Immigration Minister talks tough to asylum seekers".ABC News. Australia. Retrieved12 February 2014.
  33. ^Glenday, James (4 February 2014)."Asylum seekers: Releasing Operation Sovereign Borders details not in the national interest, Scott Morrison tells Senate committee".ABC News. Australia. Retrieved12 February 2014.
  34. ^Maley, Paul; Taylor, Paige (7 February 2014)."At least six boatloads of asylum-seekers have been turned back to Indonesia".The Australian. Retrieved12 February 2014.{{cite news}}: CS1 maint: multiple names: authors list (link)
  35. ^Toohey, Paul (7 February 2014)."Inside the Sovereign Borders Turn-back Lifeboat".news.com.au. Retrieved12 February 2014.
  36. ^"Second asylum lifeboat sent back to Indonesia under Operation Sovereign Borders".Daily Telegraph. Australia. 7 February 2014. Retrieved12 February 2014.
  37. ^Farrell, Paul (6 May 2014)."Report of extra asylum seekers put on turn-back boat a 'serious development'".The Guardian. Retrieved6 May 2014.
  38. ^"Australia confirms 15 boats carrying 429 asylum seekers have been turned back".The Guardian. Australia. 28 January 2015. Retrieved28 January 2015.
  39. ^Missbach, Antje; Palmer, Wayne (3 March 2020)."People smuggling by a different name: Australia's 'turnbacks' of asylum seekers to Indonesia".Australian Journal of International Affairs.74 (2):185–206.doi:10.1080/10357718.2020.1721429.ISSN 1035-7718.S2CID 213547942.
  40. ^Marles, Richard (22 July 2015)."Why Labor will turn back asylum seeker boats".Herald Sun. Retrieved23 July 2015.
  41. ^"Promise check: We will stop the boats".ABC News. Australia. 14 May 2015. Retrieved20 October 2015.
  42. ^Hasham, Nicole (6 August 2015)."In a rare disclosure, Abbott government admits turning back 633 asylum seekers".The Sydney Morning Herald. Retrieved6 August 2015.
  43. ^Anderson, Stephanie (17 March 2016)."Fewer than 30 refugees resettled since November as part of 12,000 agreed in Syria, Iraq deal".ABC News. Australia. Retrieved17 March 2016.
  44. ^"Nauru and PNG begin granting refugee status for asylum seekers – Pacific Beat".Radio Australia. June 2023.
  45. ^"Asylum seeker returns not our job: govt".Yahoo!7. 28 January 2015.
  46. ^Bachelard, Michael (18 September 2013)."Tony Abbott's asylum seeker policies 'offensive', says senior Indonesian politician".The Sydney Morning Herald. Retrieved19 September 2013.
  47. ^Wroe, David."We will reject Abbott's policy on asylum seekers: Indonesia Foreign Minister Marty Natalegawa".Brisbane Times. Retrieved17 September 2013.
  48. ^Sihite, Ezra."Golkar Latest Critic of Abbott's Asylum Line".Jakarta Globe. Retrieved28 September 2013.
  49. ^Silby, Murray."Advocates hope for asylum policy adjustment".SBS News. Australia. Retrieved17 September 2013.
  50. ^Roberts, George (26 September 2013)."Indonesia's foreign minister Marty Natalegawa divulges contents of talks with Julie Bishop".ABC News. Australia. Retrieved28 September 2013.
  51. ^Norman, Jane (27 September 2013)."Indonesia says email about talks between Marty Natalegawa and Julie Bishop sent to media by mistake".ABC News. Australia. Retrieved9 October 2013.
  52. ^"Indonesia condemns Australian navy waters violations".BBC News. 17 January 2014. Retrieved18 January 2014.
  53. ^Wroe, David (15 January 2014)."Navy sailors now on 'war footing' to turn back boats".The Sydney Morning Herald. Retrieved18 January 2014.
  54. ^Murphy, Katharine (22 January 2014)."Naval incursions: customs and defence issue terms of reference for inquiry".The Guardian. Australia. Retrieved23 January 2014.
  55. ^McPhedran, Ian (20 February 2014)."Review finds Australian Navy and Customs vessels breached Indonesian waters six times".Herald Sun. Retrieved20 February 2014.
  56. ^Griffiths, Emma (18 April 2014)."Senior Navy officer loses command over incursions into Indonesian waters during Operation Sovereign Borders".ABC News. Australia. Retrieved27 April 2014.
  57. ^"Indonesia warship deployment ensures 'border properly protected' – minister".The Guardian. Australia.Australian Associated Press. 23 January 2014. Retrieved23 January 2014.
  58. ^Alford, Peter (29 January 2014)."Jakarta's warships to target refugees".The Australian. Retrieved30 January 2014.
  59. ^"Stopping the quotes".Media Watch.ABC TV. Archived fromthe original(transcript) on 21 November 2013. Retrieved20 November 2013.
  60. ^Knott, Matthew (5 February 2014)."ABC admits errors in navy burns report on asylum seeker claims".The Sydney Morning Herald. Retrieved7 February 2014.
  61. ^Jabour, Bridie; Murphy, Katharine (21 January 2014)."Scott Morrison says burns allegations amount to 'sledging' of Australian navy".The Guardian. Australia. Retrieved21 January 2014.
  62. ^"Truth, trust and treachery".Media Watch. 3 February 2014. Archived fromthe original(transcript) on 23 February 2014. Retrieved7 February 2014.
  63. ^Knott, Matthew (4 February 2014)."ABC head Mark Scott admits mistakes over report claiming navy inflicted asylum seeker burns".The Sydney Morning Herald. Retrieved7 February 2014.
  64. ^Bachelard, Michael (7 February 2014)."Investigation: 'burned hands' on the high seas".The Sydney Morning Herald. Retrieved7 February 2014.
  65. ^Crock, Mary; Ghezelbash, Daniel (15 February 2019)."It's high time we stopped playing politics with migration laws (Opinion)". Australian Broadcasting Corporation news. Retrieved21 March 2019.
  66. ^Collins, Jock (21 March 2019)."Six facts that tell a different immigration story than we hear from politicians(Opinion)". Australian Broadcasting Corporation news. Retrieved21 March 2019.
  67. ^Sandford, Daniel (4 January 2023)."What does Rishi Sunak's promise to stop the boats mean?". British Broadcasting Corporation news. Retrieved4 February 2023.

Further reading

[edit]
  • Phillips, Janet; Spinks, Harriet (23 July 2013)."Boat arrivals in Australia since 1976".Parliament of Australia.[The] background note provides a brief overview of the historical and political context surrounding boat arrivals in Australia since 1976.

External links

[edit]
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