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NTS Bulletin

NTS Bulletin June 2011 (Issue 2)

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MAIN HIGHLIGHT

The Malaysia-Australia Asylum Deal 2011

An asylum deal between Malaysia and Australia was announced on 7 May 2011. This deal is part of a wider arrangement, the Bali Process, to tackle irregular migration in the Asia-Pacific region and is linked to the Regional Cooperation Framework agreed upon at the recent Bali Process Ministerial Conference on 30 March 2011. The deal reinforces the Bali grouping’s objective that regional states, whether they are source, transit or destination countries, should cooperate on tackling people smuggling and trafficking while adhering to the principles of burden-sharing and collective responsibility.

The core elements of the deal include, first, that the entire asylum arrangement will be funded by the Australian government. The costs are estimated to be AUD216 million over four years. This financial outlay demonstrates the Australian government’s commitment to undermining the business model of human-trafficking and smuggling syndicates. Second, the deal guarantees that asylum seekers will have their claims considered and will be protected against refoulement. To ensure this, the UN High Commissioner for Refugees (UNHCR) will lead the refugee status determination process in Malaysia. Third, Australia will resettle over four years 4,000 persons (now in Malaysia) who have been determined to be ‘refugees’. These refugees are believed to be of Myanmarese origin. In return, Malaysia will receive 800 ‘irregular maritime arrivals’ who enter Australia after the date of effect of the arrangement. These persons will not be fast-tracked over those already present in Malaysia. This numerical exchange based on a 5 to 1 ratio between Australia and Malaysia has triggered the interest of other Southeast Asian states such as Thailand. The final details of the asylum deal are still being negotiated.

In the wake of the announcement, human rights concerns have been raised, and opposition to the deal voiced, in Australia and Malaysia. Allegations that Australia is outsourcing its irregular migration problem have resurfaced. The UN High Commissioner for Human Rights, Navanethem (Navi) Pillay, and interest groups have taken issue with Malaysia’s status as a non-signatory to the Refugee Convention 1951 and its Protocol 1967, and called on Malaysia to ratify relevant international refugee laws as a prerequisite to the asylum deal. Navi Pillay noted that, both in Australia and Malaysia, extended detention periods and processing times, and conditions in detention centres, are indicative of a weak culture of accountability towards the protection of refugee rights.

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HUMAN TRAFFICKING

News & Commentaries

Selected Publications

This publication focuses on the issue of child trafficking in West Bengal, India. The analysis is based on research accumulated over nine months, describing the problem of child trafficking, and offering entry points for legal, regulatory and institutional reform for the state and the country.

The notion of human trafficking is critically analysed from the perspective of illegal migration. Drawing on field research in Timor-Leste, the disjunct between well-meaning anti-trafficking measures and their (adverse) effects on migrants is examined. The paper suggests that an alternative approach to the challenges faced by illegal migrants is needed.

This paper examines narrow interpretations of sex work which equate it to sex trafficking, arguing that this may have adverse implications for sex workers in Southeast Asia. It looks at the economic relationship between sex workers and sex businesses in Southeast Asia, thus revealing the shortcomings of approaches which focus on sex workers as ‘victims’ of trafficking. This suggests that a broader interpretation of sex work is needed if the exploitation experienced by sex workers is to be adequately addressed.

Events & Announcements

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INTERNAL AND CROSS-BORDER CONFLICT

News & Commentaries

Selected Publications

This report highlights three issues pertinent to the operationalisation of the RtoP: the need to identify the value-added that the RtoP can offer to existing civilian protection mechanisms, the regional preference for Pillars I and II of the RtoP over Pillar III, and the possibility of civil society movements assuming the role of regional champions of the RtoP in East Asia.

This report examines the seriousness and impacts of cyclical political and criminal violence on both the people and states in the world, and points out that underdevelopment and social injustice are among the major causes. It notes that improvement in national institutions and governance is crucial for restoring and maintaining peace.

Events & Announcements

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MIGRATION

News & Commentaries

Selected Publications

Amidst the ongoing debate on Australia’s policy on asylum seekers and refugees, particularly its rationale for a policy of mandatory detention, this publication aims to address some of the common misconceptions surrounding the controversial issue. For instance, it examines the common conflation of the terms ‘asylum seeker’ and ‘refugee’, the issue of their legal status, and queries terms such as ‘queue jumper’ that are often part of the debate’s rhetoric.

Australia and Europe’s approach to asylum seekers has shifted from one derived from international legal imperatives to an increasingly politicised – and securitised – approach that essentially attempts to externalise the asylum issue altogether, often against a backdrop of fear of uninvited asylum seekers and the ‘other’. The authors argue that this has manifested in ‘neo-refoulement’, a policy which essentially seeks to prevent asylum seekers arriving by boat from reaching sovereign territory in which the state will be obliged to offer protection to refugees.

Events & Announcements

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TRANSNATIONAL CRIME

News & Commentaries

Selected Publications

This report was written by a commission that includes former heads of state and a former UN Secretary-General. It argues that the war on drugs has failed, with devastating consequences for communities and individuals around the world. It suggests a different approach to the drug problem, one that includes legalisation and control of certain drugs, as well as measures directed at improving the health and well-being of all members of society.

This paper’s central argument is that the criminal justice system has been ineffective at managing or controlling the drug trade or illegal drug usage. While the number of people currently incarcerated worldwide primarily as a result of drug policies is at an all-time high of 10 million, the problem of mass drug usage is far from resolved. It suggests strategies to tackle the problem that depart from the traditional approach centred on law enforcement.

Events & Announcements

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WATER SECURITY

News & Commentaries

Selected Publications

The UNEP's International Resource Panel demands an urgent rethink of the links between resource use and economic prosperity. It argues that there needs to be massive investment in technological, financial and social innovation so as to at least freeze per capita consumption in wealthy countries and help developing nations develop along more sustainable paths.

Crop-livestock systems that are mostly dependent on rainfall and are based in fragmented, marginal lands are vulnerable to soil erosion, drought and variable weather conditions. Expanding demand for food and feed, and inappropriate land use, further increase the threat of water scarcity. The author identifies strategies to improve water productivity in such systems.

The Water Stress Index, released by risk analysis and mapping firm Maplecroft, is developed for companies to identify risk of water interruptions to supply chains, operations and investments in various countries. Seventeen countries are categorised as ‘extreme risk’, most of them in the Middle East and North Africa. Water stress is also a major issue for emerging economies such as India and South Korea.

Events & Announcements

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Terms of Use:

You are free to publish this material in its entirety or only in part in your newspapers, wire services, internet-based information networks and newsletters and you may use the information in your radio-TV discussions or as a basis for discussion in different fora, provided full credit is given to the author(s) and the Centre for Non-Traditional Security (NTS) Studies, S. Rajaratnam School of International Studies (RSIS). Kindly inform the publisher (NTS_Centre@ntu.edu.sg) and provide details of when and where the publication was used.

About the Centre:

The Centre for Non-Traditional Security (NTS) Studies of the S. Rajaratnam School of International Studies was inaugurated by the Association of Southeast Asian Nations (ASEAN) Secretary-General Dr Surin Pitsuwan in May 2008. The Centre maintains research in the fields of Food Security, Climate Change, Energy Security, Health Security as well as Internal and Cross-Border Conflict. It produces policy-relevant analyses aimed at furthering awareness and building capacity to address NTS issues and challenges in the Asia-Pacific region and beyond. The Centre also provides a platform for scholars and policymakers within and outside Asia to discuss and analyse NTS issues in the region.

In 2009, the Centre was chosen by the MacArthur Foundation as a lead institution for the MacArthur Asia Security Initiative, to develop policy research capacity and recommend policies on the critical security challenges facing the Asia-Pacific.

The Centre is also a founding member and the Secretariat for the Consortium of Non-Traditional Security (NTS) Studies in Asia (NTS-Asia). More information on the Centre can be found at www.rsis.edu.sg/nts.


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