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Labor's tide in and out on boats : Comments
By Ben-Peter Terpstra, published 12/7/2013Once upon a time, but not so long ago, turning around boats was Labor's policy; a policy Laborites were happy to talk to Australian voters about in 2007.
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http://www.theage.com.au/federal-politics/political-opinion/abbotts-copycat-towback-plan-wont-stop-the-boats-20130714-2pxyg.html
"In recent weeks, the Opposition Leader, the shadow immigration minister and others have compared the federal Coalition's policy of ''turning back the boats'' carrying asylum seekers with similar practices used by the United States.
The US has had a ''Migrant Interdiction Program'' since 1981......
.......What the Coalition has not acknowledged is that the US program has failed to stop the boats and contravenes international law in several ways. The Coalition has also failed to acknowledge that its proposal would be even further in breach of international law than the US program, and certainly no more effective.......
.......There are other aspects of US practice that are unlawful, but are even worse under the Coalition's proposal. For example, under international law, a state can interfere with a vessel outside its waters only if it has an agreement with the country in which the vessel was registered (the so-called flag state). The only exception to this is if a state is rescuing a vessel in grave and imminent danger. The US generally abides by this requirement except in the case of Haiti, with which it has only an informal agreement. As it stands, the Coalition policy appears to interfere with all vessels, in clear contravention of international law.
Finally, as the Coalition has itself acknowledged, the US practice of trying to stop sea vessels has been going on for more than 30 years. Had the boats stopped as a result of the policy, the US would not need to continue this costly practice. After more than 30 years of ''tow back'', the US is no closer to stopping people from taking to the sea in an attempt to enter the country. Nor has the practice of ''tow back'' prevented thousands of people from reaching the US every year. In other words, the US practice has not achieved what the Coalition hopes to achieve. There is nothing to indicate the Coalition would have any more success at stopping the boats than does the US government."