APRRN 성명서: 난민보호를 위한 지역 협력에 대한 새로운 접근

호주-말레이지아 난민신청자-난민 교환 (swap) 합의를 반대하는 호주 고등법원 판결이 나온 뒤 아시아 태평양 지역 난민 인권 커뮤니티에서는 이 기회에 난민보호를 위한 지역 협력을 강화하는데 노력을 기울이고 있습니다. 이 합동된 노력을 주도하여 Asia Pacific Refugee Rights Network (APRRN)에서는 “난민보호를 위한 지역 협력에 대한 새로운 접근 (Statement on a new approach to regional cooperation on refugee protection)”이라는 제목의 공동 성명서를 발표합니다. APIL도 회원단체로서 이 성명서를 endorse하는 바입니다. 

1. 아시아태평양난민권리네트워크 (APRRN)는 말레이지아 난민-호주 난민신청자 swap 합의에 관한 호주 고등법원 판결을 환영의 뜻을 표한다. 이 판결은 호주에 체류중인 최고 800명이 되는 난민신청자들이 말레이지아로 이송되는 일 (호주 정부와 말레이지아 정부 간의 합의에 의해)을 예방한 것이다.
2. APRRN은 호주에 체류중인 난민신청자들이 다른 국가들로 옮겨지는 것을 지속적으로 반대하여 왔다. 아시아 태평양 지역의 많은 국가들은 유엔난민협약을 비준하지 않았으므로, 호주의 이런 정책은난민 보호를 위한 지역 협력 노력을 약화시키는 효과를 가져온다.
3. 또한, 이러한 조치는, 고등법원 판결에도 나온대로, 호주의 국내 이주법에도 어긋나는 불법적인 조치인 것이다. (호주 이주법에 의하면, 이송되는 난민신청자들의 공정한 난민지위 심사과정과 효과적인 보호가 보장되지 않는 한 이러한 transfer은 금지되어 있다.)
4. 이번 고등법원 판결은 호주가 난민보호에 대한 지역협력에 대해 새로운 접근을 개발할 수 있는 기회를 제공한다.
   1. 올해 3월에 있었던 Bali Process에 대한 내용: 난민보호를 위한 협력을 위한 첫 지역적 agreement, 그에 필요한 기준들, Bali Process의 중요성과 potential
   2. “People smuggling model”을 약화시켜야 한다. 이러한 people smuggling model은 아시아 태평양 지역에 있는 난민과 난민신청자들이 겪는 두려움과 불확실성/불안감 때문에 존재하는 것이라며,이 model을 약화시키는 방법은 이러한 두려움과 불안감을 해결하는 것이다. 해결방법은? 말레이지아와 그 밖의 이 지역에 있는 정부들이 난민보호를 넓히고 난민 및 난민신청자의 장기적인 안정을 추구하는 개혁 reform을 시행하는 것이다.
   3. 단기적으로 이러한 reform들은 난민과 난민신청자들에게 합법적 신분을 제공하고, 체포, 구금과 추방으로 보호하는 체류와 보호의 권리를 부여하며, 취직, 교육, 의료혜택 등의 support을 제공하는 것이다. 장기적으로는 더 나은 난민지위 판정과 난민신청자 보호에 대한 지속가능한 법적, 행정적 framework를 구축하는 것이다.
5. 호주는 유엔난민협약 비준국가이자 훌륭한 난민지위판정 및 난민정착지원 시스템을 갖춘 나라이며… 여러여러 이유로 인해 아시아태평약 지역의 난민보호를 위한 협력에 대한 대책을 강구하고 다른나라들을 설득하고 리드할 수 있는 위치에 있다.
6. 아시아 태평양 지역의 다른 국가들도 물론 이 난민보호 협력노력에 참여해야 한다. – 난민협약 비준한 국가들이 취할 수 있는 조치

          – 난민협약 비준을 하지 않은 국가들이 취할 수 있는 조치.

1. 이러한 reform들이 일어나게 하기 위하여, APRRN은 아시아 태평양 지역 협력 framework을 개발하기 위한 support office를 설립하는 것을 지지한다

   (성명서 원문)

APPRN Statement on a new approach to regional cooperation on refugee protection

The Asia Pacific Refugee Rights Network (APRRN) welcomes the ruling by the High Court of Australia in the case of Plaintiff M70/2011 v Minister for Immigration and Citizenship.  The ruling prevents the Australian government from proceeding with the transfer to Malaysia of up to 800 asylum seekers arriving in Australia by boat as contemplated by the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement.

APRRN has consistently opposed the transfer to other states of asylum seekers who have entered Australia’s territory or jurisdiction and thus engaged its international obligations. This practice not only undermines protection outcomes for refugees but sends a clear message to the region that Australia does not respect the binding nature of its international human rights obligations towards asylum seekers and refugees. In an environment where most countries in the region are not party to the Refugee Convention, such actions by Australia seriously undermine the potential for regional cooperation on refugee protection. Furthermore, as indicated by the High Court ruling, it is also unlawful under Australia’s domestic immigration legislation to implement such transfers unless there are legally-enforceable safeguards guaranteeing fair status determination and effective protection for those transferred..

This ruling provides an opportunity for Australia to embark on a new approach to addressing regional protection issues through constructive engagement with other countries in the Asia-Pacific region. The development through the Bali Process in March this year of the first in-principle regional agreement to act collectively on refugee protection provides a springboard from which this process can begin. The agreement included acknowledgement of the importance of providing access to consistent refugee status determination procedures and working towards securing durable solutions for refugees, including voluntary repatriation, in-country solutions and resettlement.

Given that most states in the region are not party to the Refugee Convention and lack legal and administrative frameworks for refugee protection, the fact that protection issues were even acknowledged in the March agreement represents a significant breakthrough. While we have yet to see concrete outcomes emerge from the agreement, it is clear that dialogue on refugee protection issues among Asia-Pacific states is increasing and opportunities for positive engagement do exist. Australia and Indonesia, as co-chairs of the Bali Process, are well-placed to build on these opportunities and work towards the development of a sustainable regional protection framework in the Asia-Pacific.

The March agreement stipulated that arrangements to address irregular movement should aim to “undermine the people smuggling model”, an aim repeatedly emphasised by the governments of Australia and Malaysia in relation to the transfer deal. This “people smuggling model” exists because of the fear and uncertainty faced by refugees and asylum seekers residing in Asia, stemming from their lack of legal status and untenable living conditions. The key to undermining the “people smuggling model”, therefore, lies in resolving this uncertainty. This can only be achieved if the Malaysian and other governments in the region implement reforms aimed at broadening protection space and building lasting security for refugees and asylum seekers residing in Asia.

In the short term, these reforms should include granting legal status to refugees and asylum seekers, affording right of stay and protection against arrest, detention and deportation; and providing adequate support to ensure that the basic needs of refugees and asylum seekers are met, through acknowledging their right to work, providing educational opportunities and ensuring access to health care services. In the longer term, governments across the region should also look to developing sound legal and administrative frameworks for status determination and protection and exploring opportunities to provide durable solutions for refugees.

Australia, as a party to the Refugee Convention and a nation with well-established systems for refugee status determination and a strong settlement support sector, is well-positioned to support the implementation of these reforms. Australia can also make a key contribution to providing durable solutions through progressively increasing its resettlement quota and lobbying other resettlement states to consider the needs of refugees residing in Asia. As the third largest resettlement state in the world and the Chair of UNHCR’s Working Group on Resettlement for 2011-12, Australia is in a strong position to argue the case for increased resettlement out of Asia.

APRRN calls on each government in the Asia-Pacific region to develop, in collaboration with civil society, a national action plan detailing the progressive steps they will take towards improving refugee protection standards and enhancing engagement with other states on protection issues. In states which have not yet signed the Refugee Convention, initial steps could include granting legal status and permission to work to refugees and asylum seekers. In states with well-established systems for reception, status determination and protection, steps should be taken to reform practices (such as Australia’s policy of indefinite mandatory detention) which undermine protection principles.

To facilitate these and other reforms, APRRN supports the proposal to establish a support office to advance the development of the Asia-Pacific Regional Cooperation Framework. The functions of this office could include facilitating the sharing of information, resources and expertise; providing operational and technical support with refugee status determination, case management and resettlement; providing training, capacity-building and mentoring opportunities; and providing a channel for ongoing dialogue on protection issues.

The development of a constructive and sustainable regional protection framework is essential to resolving the complex protection challenges in the Asia-Pacific region. The members of APRRN stand ready to support governments across the region in achieving this crucial objective. 

Please click here to endorse the joint statement: https://docs.google.com/spreadsheet/viewform?hl=en_US&formkey=dHpMMTRvYW8zNnoxa2ZzOUFSWFYyMGc6MQ#gid=0  —   APRRN  c/o Forum Asia  246 Times Square Building, 12th Flr,  12-03 Sukhumvit Road  Bangkok