Transcript E&OE
8 November 2009
Press conference
Subjects: People Smuggling; Sri Lanka
STEPHEN SMITH: Thanks very much for coming.
Later tonight, I'll leave Perth to visit firstly, Sri Lanka, and secondly, Singapore. I'll be in Colombo, Sri Lanka tomorrow and I'll be accompanied by Australia's special representative to Sri Lanka, John McCarthy. I'll be the first Australia Foreign Minister to visit Sri Lanka since 2003, and it follows on the visit to Australia by Sri Lankan Foreign Minister Bogollagama last year.
I've had a standing invitation from Foreign Minister Bogollagama to visit Sri Lanka since his visit to Australia and I'm very pleased to take it up at this time. With Foreign Minister Bogollagama I will obviously talk about Australia and Sri Lanka cooperating on people smuggling and human trafficking issues. We'll also discuss, I'll also discuss with Foreign Minister Bogollagama ways in which Australia can further assist in Sri Lanka's efforts to win the peace.
I've made the point both to Foreign Minister Bogollagama and publicly that having won a military victory, Sri Lanka now needs to win the peace. Australia has been providing substantial assistance to help assist Sri Lanka move civilians out of the displaced people's camps, and we are contemplating and looking at what further assistance we may be able to provide.
We welcome very much the recent movement of civilians from the displaced people's camps back into the community, but of course there continues to be a substantial challenge, and the challenge is that we have over 200,000 people remaining in those camps.
I'll have a conversation with Foreign Minister Bogollagama about Sri Lanka's efforts to effect a political reconciliation and am particularly interested in the Government's effort to effect devolution of authority and powers throughout Sri Lanka generally. Special representative McCarthy will remain in Sri Lanka for a number of days.
Early on Tuesday, I'll travel from Sri Lanka to Singapore, where the APEC Ministerial meetings will be held in the course of the week, and I'll be joined in Singapore by my colleague, the Trade Minister Simon Crean.
It's of course APEC's twentieth anniversary, so a significant event for APEC. APEC of course is the premier regional institution so far as investment, trade, economic matters and prosperity is concerned, and Australia was at the forefront of the establishment of APEC. So I look very much forward to taking part in the twentieth anniversary APEC Ministerial meetings in Singapore in the course of this week.
In Singapore, I'll also have bilateral meetings with my APEC counterparts, including the opportunity to have my first formal bilateral meeting with Indonesia's new Foreign Minister Marty Natalegawa.
So I'm pleased to respond to questions on my visit to Sri Lanka and to Singapore for APEC or other issues that you may wish to raise.
Thank you.
QUESTION: Will you be offering anything to Sri Lanka to help them stop the flow of asylum seekers to Australia?
STEPHEN SMITH: Obviously, as I've said, one of the key areas of discussion will be cooperation between Australia and Sri Lanka on people smuggling and human trafficking issues. We've had my colleague Senator Evans, the Immigration Minister, visit Sri Lanka a couple of months ago. A range of our senior officials have been there, but we want to enhance that cooperation.
So in addition to cooperation on people smuggling and human trafficking issues, we'll also be, as I say, in close consultation and discussions with the Sri Lankan Government about how we can further assist in the resettlement of civilians from the displaced people's camps and how we may be able to assist in the political reconciliation which is required in Sri Lanka.
But the fact that I'm accompanied by Special Representative McCarthy, I'll also be accompanied by our ambassador for people smuggling, does make the point that a very significant topic of conversation will be cooperation on people smuggling matters.
It also makes the point that we continue to face a very significant problem or issue. Cooperation is required between Australia and transit countries, but also source countries, and that includes Indonesia, Sri Lanka and other countries such as Malaysia and Thailand where we have been enhancing our cooperation under the Bali process for a considerable period of time since the heightened push factors came into play.
QUESTION: Will you be asking the Sri Lankan Government to take back the asylum seekers on the Oceanic Viking?
STEPHEN SMITH: There is a necessary process in place. We continue to be in discussions with Indonesia and also the asylum seekers on the boat and our objective remains an orderly and peaceful disembarkation of the asylum seekers from the Oceanic Viking.
It is quite clear that the people on the boat are claiming asylum and as a consequence, they will need to be assessed by the United Nations High Commissioner for Refugees. I think it's already on the public record that some people on board the boat have previously been considered by the United Nations High Commissioner for Refugees and accorded refugee status. Some people on the boat have previously registered with the United Nations High Commissioner for Refugees as intending to claim asylum, and other people on the boat have effectively indicated they desire to do that. So the first issue, or the first part of the process is consideration of those asylum seeker claims by the United Nations High Commissioner for Refugees.
Given that the claimants themselves are from Sri Lanka, we are certainly not proposing to take up the suggestion of the leader of the National Party in the Senate, that they be returned to Sri Lanka. In advance of a proper assessment of their claims that, in my view, would be in breach of our international obligations and in breach of the Refugee Convention. The leader of National Party in the Senate and the National Party may believe that's appropriate, but the Government certainly does not.
So the starting point for the 78 asylum seekers onboard the Oceanic Viking remains an orderly disembarkation and then a proper assessment by the United Nations High Commissioner for Refugees of their status. If, in the event any onboard are shown not to be refugees, then in the normal course of events, they would be returned to their country of origin in accordance with the UNHCR procedures.
QUESTION: So, then would you rule out asking Sri Lanka to take them back at this stage?
STEPHEN SMITH: Well, I think I've just outlined the very clear process which is required. To return asylum seekers to their country of origin without a proper assessment of their claim for asylum would, in my view, be in breach of our international obligations and in breach of the Refugee Convention. What is first required is an orderly assessment of their status by the United Nations High Commissioner for Refugees.
So, we are certainly not proposing to send the Oceanic Viking to Sri Lanka.
QUESTION: What about Indonesia? Is their patience running out? Do you think they'll grant another extension?
STEPHEN SMITH: Well, we continue to be in discussions with Indonesian officials and the conversations that I've had with my counterpart, Foreign Minister Natalegawa, remain that we continue to work very hard to resolve this issue, and we're not proposing to put a deadline or a timetable on it.
QUESTION: The Sri Lankan High Commissioner's spoken this morning. He's suggesting that the softening of the border protection policy has encouraged more Sri Lankans to seek asylum to Australia. Is he off the mark? Is that [inaudible]?
STEPHEN SMITH: Well, I'm not sure that he actually said that. What I think he did say is the very obvious point that Australia itself is an attractive destination and as a consequence, people will look to Australia as a destination.
I think he also made the point that some people look to Australia as an attractive destination because they are seeking a better economic and social circumstance, or I think he described them as economic refugees. Anyone who makes a claim of asylum of Australia is assessed in accordance with our international obligations, in accordance with our obligations under the Refugee Convention for asylum purposes. And wanting a better life, or a better life-style, or being a so-called economic refugee does not qualify for refugee status under the convention.
We have, whether it's the Prime Minister, the Immigration Minister or myself, have continually made the point over the last year or so, that given the heightened state of conflict in Afghanistan, in the Afghanistan/Pakistan border area, and also the civilian conflict in Sri Lanka, that Australia and our region and the rest of the world are seeing heightened push factors which are seeing very, very many millions of displaced people moving around the world and moving in our region.
QUESTION: Has the Sri Lankan Government raised concerns about Alex onboard…
STEPHEN SMITH: It certainly hasn't been raised with me. I'm not aware that it's been raised at officials levels. I've seen the suggestions made in respect of Alex. I'm not in a position to independently verify them. He of course is on a boat in Merak Harbour and the Indonesian authorities who interrupted that boat voyage in Indonesian waters and brought it to Merak have made it clear to the people onboard that they want them to disembark and to be subject to their procedures, which again includes assessment by the United Nations High Commissioner for Refugees.
So, again, that will be a matter for individual assessment but I'm not in a position to verify one way or the other any of those public comments that I've seen about Alex, the spokesperson on the boat in Merak Harbour.
QUESTION: Is that something Australia would investigate, or would you leave it to [inaudible]?
STEPHEN SMITH: This is a number of Sri Lankans, over 200 Sri Lankans, who were intercepted in a boat in Indonesian waters by Indonesian authorities. It's now in an Indonesian harbour or port of Merak. The Indonesian authorities have made it clear to the people onboard that they want them to disembark so that the United Nations High Commissioner for Refugee procedures can occur. That is the Australian Government's view as to what should occur.
QUESTION: In regards to the Oceanic Viking, have there been negotiations planning other countries, like New Zealand, to maybe take on some of these people for processing?
STEPHEN SMITH: There is a long-standing, there is a process already in place which has been there for a number of years where people who are accorded asylum in Indonesia are resettled from Indonesia with a range of other countries. Australia is one of those countries, New Zealand is another one of those countries, United States, Canada, there are some European countries - Sweden or Norway or both. And in recent years, Australia has received its share of refugees from Indonesia.
So any one of the 78 who are accorded refugee status by the UNHCR would be resettled in accordance with the existing arrangements, and Australia would expect that some of those would come to Australia. But equally, other countries, whether it's New Zealand, Canada, the United States and the other participating countries would also expect to receive some of them. So, there's an existing arrangement for the resettlement of asylum seekers who are accorded refugee status in Indonesia and Australia takes part in that and we have for a number of years, probably half a dozen years.
QUESTION: Barnaby Joyce has said that if they do eventually end up at Christmas Island, that will send a very poor message to other potential asylum seekers, and possibly admit defeat as well. Do you agree with that?
STEPHEN SMITH: As I've said previously, taking the Oceanic Viking to Christmas Island is not something that the Australian Government has in contemplation. We continue to work very hard and very closely with not just Indonesia, but also with the people onboard to effect a peaceful and safe disembarkation of the 78 from the Oceanic Viking to Indonesia.
QUESTION: Do you think Australia may have no choice in the end but to process them on Christmas Island?
STEPHEN SMITH: Well, it's not something we're currently contemplating. We continue to be in discussions with Indonesia and with the people on the boat and that's ongoing.
Everyone happy? Okay. Good. Thanks very much. Thank you.
[END]
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