“The Howard Government is acting illegally”.
Simon Rice, President of Australian Lawyers for Human Rights

Australian Lawyers for Human Rights (“ALHR”) condemns the illegality of the Australian Government’s actions.

Simon Rice, President of Australian Lawyers for Human Rights says, “The decision to order the Australian military to board the Tampa is entirely unwarranted.

“There is no legal basis in international law for landing troops on a foreign non-military vessel”.

“Further, Australia is in breach of its obligation under international law to give a vessel in distress access to the nearest por”t.

“The Government cannot say that the Tampa is not in distress, and cannot say that it represents a threat to Australia’s national sovereignty or security”.

Rice says “Refusing to let the Tampa dock at an Australian port is like refusing to let a plane with engine trouble land. Even China adhered to its international legal obligations when it allowed a US plane in distress to land in Chinese territory, even though it was suspected of spying.”

“The Government has now exposed Australia to the real risk of Norway taking legal action in the International Court of Justice because of this illegal conduct”.

Legally, the fact that the distress of the Tampa is caused by the presence of asylum seekers is irrelevant. Morally, the presence of asylum seekers is even more reason to allow the Tampa access to port.

Rice says:“Australia is obliged, as is every other country, to receive and consider the claims of asylum seekers. It is cynical in the extreme to exploit the fact that these asylum seekers were rescued, at Australia’s request, in international waters: had they been a few miles further in this issue would not have arisen.”

Australia receives a tiny proportion of asylum seekers worldwide, and only a fraction of the number that Canada and European countries deal with each year.

Rice says: “Asylum seekers are not queue jumpers or ‘illegal’. There is no ‘queue’ for escaping persecution; overstaying backpackers are illegal. Asylum seekers are entitled by law to ask for asylum.

“Australia has no right to deal with asylum seekers less compassionately than do other countries. Nor does it have the right to ignore international law at the expense of human life for the sake, it would appear, of looking tough.”

Contact Simon Rice: (02) 9399 6153 or 0408 088 024

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This page last updated 4th May 2004