33
CHAPTER III
THE RE-ESTABLISHMENT OF OFFSHORE PROCESSING FACILITIES IN 2012
A. The a
ttitude shift of the Labor Party on ‘boat people’ issue: from the Rudd to Gillard government
Under Kevin Rudds government, Australia dismantled the controversial „Pacific Solution‟ shortly after he was elected as the Prime Minister in 2008.
120
His immigration ministry, Chris Evans stated the shutdown of „Pacific Solution‟ was the proudest moment of his political career.
121
He implied that after seven years of „Pacific Solution‟ regime, asylum seekers were eventually would be
liberated from the punishing policy. In the 2010 election, Labor Deputy, Julia Gillard succeeded Kevin Rudd as
the 27
th
Australia Prime Minister.
122
After the election Gillard had promised that her government would put the evaluation of „boat people‟ policy as a
priority.
123
However, the future of the Labor Party relied on Gillard‟s government in the next few years in resolving the „boat people‟ issue. Labor Party expected
that Gillard would resume the path of her Labor predecessor, Kevin Rudd, on asylum policy.
120
Australian Politicians are Adrift on a Sea of Hypocrisy. The Daily Telegraph. July 1, 2012. Available at: http:www.dailytelegraph.com.aunewsopinionaustralian-politicians-are-adrift-on-a-sea-of-hypocrisy-
writes-peter-van-onselenstory-e6frezz0 1226413146824?nk=7c5b6b7bd33002fce712e0e890eb8d30, accessed in the19
th
of October 2014.
121
Ibid.
122
2010 Federal Election: a brief history. Parliament of Australia. March 6, 2012. Available at: http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_Librarypubsrprp1112
12rp08_Toc318798313, accessed in the19
th
of October 2014.
123
Gillard Bites Bullet on Asylum Seekers. Australia Broadcasting Corporation. July 6, 2010. Available at: http:www.abc.net.au7.30content2010s2946422.htm, accessed in the19
th
of October 2014.
34
Gillard argued the Rudd government inherited an unfinished task on the offshore processing issue. Since the shutdown, the boats arrivals have increased.
From 2009 to 2010, there was likely to be 43.4 increase in „boat people‟ arrivals, the highest in any year in Australian history.
124
In the 2010 election campaign, the new Coalition leader, Tony Abbot suggested the re-introduction of temporary visas and the reestablishment of the
Pacific Solution.
125
He claimed that he had the support of about two-thirds of the Australian people.
126
To respond to the issue, Gillard announced plans to set up a processing facilities in Timor Leste.
127
Under this arrangement, a rriving „boat
people‟ would be sent to Timor Leste to have their refugee claims assessed.
128
It was rumored in 2010 that Gillard was planning to build a regional offshore
processing facility. The location was still unclear, with Gillard approaching a number of countries in the region. The Australian Greens and some refugee
advocacy groups viewed this arrangement similar with Howard‟s „Pacific
Solution.‟
129
124
Asylum Seekers and Refugees: What are the Facts. Parliament of Australia. February 11, 2013. Available at:
http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_LibrarypubsBN2012 -2013AsylumFacts, accessed in the 19
th
of October 2014.
125
2010 Federal Election: a brief history. Parliament of Australia. March 6, 2012. Available at: http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_Librarypubsrprp1112
12rp08_Toc318798308, accessed in the 19
th
of October 2014.
126
Ibid.
127
Prime Minister Julia Gillard Backs Away from Plan for East Timor Processing Center for Asylum Seekers. The Courier Mail. July 9, 2010. Available at: http:www.couriermail.com.aunewsprime-minister-julia-
gillard-backs-away-from-plan-for-east-timor-processing-centre-for-asylum-seekersstory-e6freon6 1225889444149?nk=7c5b6b7bd33002fce712e0e890eb8d30, accessed in the 19
th
of October 2014.
128
Gillard Bites Bullet on Asylum Seekers. Australia Broadcasting Corporation. July, 6 2010. Available at:http:www.abc.net.au7.30content2010s2946422.htm, accessed in the 19
th
of October 2014.
129
2010 Federal Election: a brief history. Parliament of Australia. March 6, 2012. Available at: http:www.aph.gov.auAbout_ParliamentParliamentary_DepartmentsParliamentary_Librarypubsrprp1112
12rp08_Toc318798308, accessed in the 19
th
of October 2014.
35
Gillard described the new offshore processing facility in Timor Leste as the Pacific Solution with a
„human face‟
130
During the 2010 election campaign, Gillard proposed the establishment of a regional processing center in Timor Leste
to neutralize the reestablishment of „Pacific Solution‟ issue raised by the Coalition candidate.
131
Under the plan, asylum seekers arriving in Australia by boat would be transferred to Timor Leste to be assessed. Gillard believed the purpose of the
new center would be to eradicate the people smuggling activities.
132
Labors plan to create a regional center goal was clear. Her government emphasized that the
policy was not to punish the asylum seekers. Yet it was to fight the people smuggling trade by removing the incentive for boats to leave their ports of origin
in the first place.
133
Gillard‟s stance on boat people was challenged and fell into a vulnerable position after a ship crashed on 15 December 2010.
134
A ship containing 89 „boat people‟ crashed into rocks off the shore of Christmas Island.
135
In this fatal accident, 50 people perished.
136
Australian lawyer, George Newhouse condemned
130
Part 5 Transcript. La Trobe University. Available at: http:www.latrobe.edu.aunewsideas-and- societyasylum-seekers-and-australian-democracypart-5-transcript, accessed in the 19
th
of October 2014.
131
Ibid.
132
Gillard Unveils “East Timor Solution.” The Sydney Morning Herald. July 6, 2010. Available at: http:news.smh.com.aubreaking-news-nationalgillard-unveils-east-timor-solution-20100706-zy9s.html
Accessed in the 11th of Dcember 2014.
133
Ibid.
134
Christmas Island Asylum Seekers Told Rescuers would not Come at Night Ahead of Disaster. The Australian. July 27, 2011. Available at: http:www.theaustralian.com.aunewsnationchristmas-island-
asylum-seekers-told-rescuers-would-not-come-at-night-ahead-of-disasterstory-e6frg6nf-1226102802234, accessed in the19
th
of October 2014.
135
Ibid
136
SIEV 221 Tragedy: Asylum Seekers‟s Families to Sue Government Over 2010 Christmas Island Accident. ABC News. Juni 17, 2014. Available at: http:www.abc.net.aunews2014-06-17asylum-seekers-families-
sue-over-2010-christmas-island-tragedy5528270, accessed in the19
th
of October 2014.
36
the government‟s inadequate rescue response.
137
Gillard immediately responded to the crash by reviewing the asylum seeker policy.
On 25 July 2011, Gillard announced Australia and Malaysia were signing a bilateral agreement to swap 800 boat people for 4000 confirmed refugees waiting
in Malaysia for resettlement.
138
This bilateral proposal was called the „Malaysia Solution.‟ However the „Malaysia Solution‟ posted a serious challenge to the
Gillard government. Refugee advocates reacted by calling Malaysian Solution a „rebadging of the Pacific Solution‟,
139
as „reference‟ to the former Howard governments controversial asylum policy.
140
Meanwhile Gillard denied her Malaysian Solution was similar to the Howards Pacific Solution because it did
not adopt a „unilateral Australian approach‟.
141
She insisted this was a regional solution to resolve the regional challenge.
142
On 31 August 2011, the High Court concluded that the Malaysian Solution was illegal.
143
The High Court held that the Malaysian Solution contradicted section 198a of the Migration Act 1958 Cth,
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