THE REFUGEE COUNCIL OF NEW ZEALAND

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

2. 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

3. Control of its own borders is a key test of the sovereignty of a country and a necessary and essential responsibilty of government: • Control of its own borders is a key test ........but........... • Neither Australia nor New Zealand are in any danger of losing border control...... • Quickly, it becomes a political football and govts back themselves into corners • Hence, the myths such as ‘queue-jumping’

4. Actual Asylum Claims Table 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)

5. 2004-05 62 14 76 2005-06 58 12 70 2006-07 34 4 38 2007-08 18 8 26 2008-09 16 6 22 2009-10 11 6 17 ACTUAL ANALYSIS OF DETENTION IN NZ Fiscal Year Detained MAC Detained Prison Total Detained

6. Overwhelming Evidence: Effects of Detention on People • Depression and psychological disorders, suicides in adults • Permanent damage to children in disorders and learning impairments • In children regressive behaviours, social withdrawal • Both physical and mental illness • Refer to literature references in text

7. Lessons from Australia • DO’s and DON’T’s • DO engage in a well-informed, rational debate on what should happen in the event of a boat arrival in NZ territorial waters well before it actually occurs • DO avoid allowing the issue to become a highly charged and divisive political football • DO engage in bi-partisan, multi-party discussions to agree in principle what should happen when a boat eventually arrives. Base this on international best practice and the humanitarian principles for which New Zealand is internationally known • DO have a clear, effective, transparent plan in place to process and accommodate those arriving

8. Lessons from Australia • DO have in place accommodation, medical care, legal assistance and a proper mechanism for rapid processing of any asylum claims under international and domestic law • DO treat the arrivals humanely, courteously and with respect. Treat asylum seekers as you would wish to be treated yourself if you had to flee your country • DO provide rapid processing of claims and don’t leave asylum seekers in limbo or languishing in detention for long periods of time • When a claim has failed and appeals are exhausted, act rapidly and fairly to try to achieve a voluntary repatriation or transfer, with deportation as a last resort

9. Lessons from Australia • DON’T put asylum seekers in fenced detention centres in the middle of the outback • 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 out • DON’T keep asylum seekers in detention for long periods at all. Research and experience around the world shows that community placement works best for all concerned • DON’T use hapless refugees to score political points or for scaremongering purposes • DON’T expect that putting asylum seekers in detention will have any effect at all on deterring others from coming – the overwhelming evidence shows it doesn’t and it won’t • 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 way because you are in power and you can • DON’T ignore the advice of UNHCR and experts who know what they are talking about

10. Action Recommendations • 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. • It was recommended that the sector investigate pooling resources or • obtaining pro-bono assistance from a public relations firm to help promote ‘good • news stories’ of refugees, particularly asylum seekers in New Zealand. • It was recommended that the sector use the Refugee Council of Australia fact sheets as a guide to developing/customising ‘myth-busting’ information specific to New Zealand. It was recommended that the sector share ‘friendly’ media contacts to increase the information and contacts in the sector available to those journalists more likely to write positive stories. • It was recommended that the sector investigate an NGO-driven forum to come up with issues that would form the basis of sector-wide advocacy campaigns each year. A media workshop, with journalists participants, could be part of such a forum to help build skills and understanding on both sides.

11. Media Messages: Connecting With Kiwi Values on Asylum • Self-sufficient/resourceful - ‘Kiwi can-do’ • Easy going/friendly/informal • Fair and principled (honest) • Modest (‘tall poppy’ syndrome) • Cautious/restrained • Everyone deserves a ‘fair go.’ • THERE IS NO QUEUE TO JUMP...........

12. 2012 • Multi-party talks on common ground of policy in event of a sea arrival • Detailed plan for managing mass arrival • Alternatives to detention: preparation for women and children particularly • Rapid processing • Informing/educating public in advance