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The Forum > Article Comments > Labor's tide in and out on boats > Comments

Labor's tide in and out on boats : Comments

By Ben-Peter Terpstra, published 12/7/2013

Once 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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Here's a reality bite into how Mr Abbott is going to "tow back the boats."

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."
Posted by Poirot, Monday, 15 July 2013 9:38:55 AM
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Poirot,

Azadeh Dastyari is a refugee advocate, and is known for bending the truth. The reality is that the coalition will follow the original tow back procedure they followed previously, which complied with international law. Having read some international maritime law since the last time this tripe was presented, the following needs to be clarified:

Boats on the high seas cannot be intercepted without the permission of the country of the flag the ship bears, with the exception of when the intercepting country has reasonable belief that the vessel is headed for its shores with criminal intent. A boat engaged in human trafficking headed for Australia clearly meets these requirements.

Towing the boats back to the edge of Indonesian territorial waters violates no Indonesian or international laws, and worked last time.
Posted by Shadow Minister, Monday, 15 July 2013 1:45:46 PM
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SPQR, what ARE you on about?

So Scotland is your 'Mother Country' then? Lol.

"Thare ye be a sproutin things 'bout <<Western imperialism, open borders and white guilt>> and still ye be atellin us ye hae nae religin! "

Um, no I didn't...
Posted by Suseonline, Monday, 15 July 2013 8:29:34 PM
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