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Turning back the boats - back to the future on asylum policy : Comments
By Adam Fletcher, published 1/2/2012Knowingly instituting a policy which puts lives at risk is inconsistent with Australia's obligations.
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The numbers drowning are not just those confirmed, but also includes boats that left Indonesia and never arrived anywhere. Look it up the numbers are between 500 and 1000 since 2008.
As for your contiguous zone, There is a 20 Nm contiguous zone of territorial water, in which people will be considered to be subject to Australian law, there is a further 20Nm contiguous zone which is not territorial waters, but in which the navy can intercept law breakers, but they are not considered to be in Australia. Beyond this boats cannot be boarded or interfered with UNLESS there is strong evidence that the boat is headed directly for one's territory.
This last clause was used when the Israelis intercepted the Turkish boat headed for Gaza.
As for the UNHCR charter, perhaps you should actually read it. If you do, then you will find that everything Howard did complied with the letter of the charter if not your interpretation.
For example, you cannot detain someone that has been determined to be a refugee, but you can detain them pending determination of status.