Deakin University » Communities »

human rights

Sri Lankan human rights concerns derailing Commonwealth summit

Sri Lanka’s hosting of the Commonwealth Heads of Government Meeting has gotten off to a troubled start, with Indian Prime Minister Manmohan Singh withdrawing his participation over the host country’s human rights record. This follows a decision by Canadian Prime Minister Stephen Harper to also boycott the event due to human rights concerns.

British Prime Minister David Cameron is attending the event but has called for an independent international investigation into Sri Lanka’s human rights record if there is no meaningful progress by the Sri Lanka government. This marks an escalation of British pressure on Sri Lankan government, as it is the first time that the UK has called for an international investigation into the deaths of some 40,000 people in the closing stages of Sri Lanka’s Tamil separatist war.

While Australian Prime Minister Tony Abbott is attending, his own visit has been overshadowed by the detention of Greens Senator Lee Rhiannon and New Zealand Greens MP Jan Logie. The two Greens politicians were attending pro-democracy meetings when they were detained and questioned, before being deported.

The Sri Lankan government’s somewhat brittle responses to human rights concerns was only highlighted to journalists covering CHOGM. The Sri Lankan Government handed out to visiting journalists a 222-page book attacking reports by the UK’s BBC Channel 4 on human rights issues in Sri Lanka. Channel 4 has issued a rebuttal.

Singh withdrew from the CHOGM under pressure from Indian politicians, in particular from the large Tamil Nadu state in south-eastern India. While Sri Lanka’s Tamils are largely separate, the two groups have retained close cultural contacts, and the Tamil Nadu government provided support to Tamil Tiger rebels in the 1980s.

India is also concerned about the growing influence of China in Sri Lanka, given Sri Lanka’s strategic proximity to India. China helped arm the Sri Lankan army for its final push against the Tamil Tigers in 2009 and has since invested heavily in the country, including helping to build a port in the south of the country.

Since the Sri Lankan government crushed the Tamil Tigers, there have been increasing concerns about broader human rights issues. These have included forced disappearances, sexual violence against Tamil women, attacks on Sri Lanka’s media and what is said by critics to be an increasing closure of Sri Lanka’s democracy.

Abbott will attend CHOGM, in part not wishing to offend a government that has been quite willing to assist with stopping asylum seekers leaving Sri Lanka for Australia by boat. However, the conditions that compel at least some Sri Lankans to leave their homes for the risky journey to Australia will now receive closer attention by the international media.

The Sri Lankan government had hoped to showcase the country’s development since the end of the Tamil separatist war. Increasingly, however, the international media is focusing on stories a little more critical than an otherwise largely anodyne meeting in a country that has such a bloody recent history.

The ties that bind are also the ties that blind

The two trips by Prime Minister Tony Abbott to Indonesia have started to give a distinctive shape to a shift in Australian foreign policy. In keeping with Abbott's assertive political style, Australia is on the diplomatic front foot, promoting his pro-Asia policy agenda.

But the forcefulness of the way in which this agenda is being pushed may leave Australia exposed to uncomfortable outcomes. We generally have good regional relationships, but the interests of our neighbours are not necessarily the same as our own interests.

Abbott's overture to China to reach a free trade agreement within 12 months is ambitious and intended to secure a long-term economic relationship with our largest trading partner. Similarly, Abbott's unambiguous message to Indonesia is that Australia will be an even more loyal friend, with less tolerance for dissent around human rights issues.

Both cases are intended to secure different aspects of Australia's national interest and being the diplomatic initiator signals Australia's positive intentions. But initiating the further development of relationships then requires that gesture be taken up by the counterpart country.

In both cases, Abbott's eagerness gives China and Indonesia greater scope for setting the terms of the relationship. Australia thus becomes the supplicant, with China and Indonesia bestowing the favours.

By placing a 12-month timeline on a free trade agreement with China, Abbott has signalled a willingness to accept previously problematic Chinese conditions. These include investments in Australia by Chinese state-owned enterprises, a lower threshold for scrutiny by the Foreign Investment Review Board, and allowing more Chinese workers into Australia.

China's plan is to secure for itself continuing access to resources over the longer term, and to do so at a good price. Its foreign direct investments, including in Australia, achieve both those goals. Similarly, the greater its direct control over resources, the stronger its bargaining position over those resources that it does not directly control.

Abbott's recent visit to Jakarta reaffirmed Australia's commitment to Indonesia's territorial integrity. In this he was, perhaps, even more insistent than his predecessors.

In significant part this reflects the deep concern that Indonesia had with the Coalition's policy of returning asylum seeker boats to Indonesia and attendant plans to pay locals for intelligence on boat departures. That signature policy in opposition now looks to be in the process of being quietly abandoned in government, replaced by a slightly stronger version of the existing policy of bilateral co-operation.

But part of Abbott's ''total respect'' for Indonesia's territorial sovereignty and integrity was code for endorsing the status quo in the territory of West Papua. This has played out recently with the return of seven West Papuan asylum seekers to Papua New Guinea and the ''voluntary'' departure of three West Papuan protesters from the Australian Consulate-General in Bali.

The seven returned to PNG would likely have qualified for refugee status had they been processed in the usual manner. Despite what could be fairly understood as a plea for asylum, the three are now in hiding from the Indonesian police.

The drivers for Abbott's foreign policy push are not explicit. But they can be divined from his political history. Abbott is a classical free trader, pursuing a policy in which markets are self-regulating and find their own equilibrium. An open door policy towards trade with and investment from China fits perfectly into this framework.

On Indonesia, one can detect a sensibility that reflects the strong pro-Indonesia (and anti-communist) position of his political training ground in the National Civic Council. At the time, this included opposition to East Timor's independence, and West Papua's continued incorporation.

Three decades on, Australia's interests in Indonesia are more complex. Indonesia's economy is growing, soon to overtake Australia's in total size, and it is in both countries' interests to seek and develop economic complementarities.

But Indonesia is potentially also a major strategic and diplomatic partner for Australia. It provides Australia with entree into ASEAN and can help facilitate some of its wider regional interests. How Indonesia views Australia has major implications for Australia's strategic positioning.

The relatively benign relationship that Australia has enjoyed with Indonesia over much of the past decade can be attributed to the reformist, pro-Western preferences of President Susilo Bambang Yudhoyono. However, within a year, Yudhoyono will leave office. Abbott's commitment to Indonesia is unlikely to change, but the successor may be more assertively nationalistic. This could include requiring Australia to even more strongly oppose West Papuan activism, despite the conflict this will engender with more pro-human rights sections of Australian society.

China, too, will ultimately be concerned over its own interests and much less those of Australia. Local discomfort, if of a different type, may have to be accepted in the push and shove of competing understandings over what a more open economic relationship might entail.

The conventional approach to diplomatic relations is to take them slowly, consider their implications deeply and to proceed cautiously. This does not, however, accord with Abbott's political style.

Abbott's international agenda is appearing to be about achieving much quickly. In his rush, however, such enthusiasm for making agreements and pushing policy on the run may miss some of the implications, much less the nuances, embedded in the detail.

Australia needs stronger international linkages, not least with major trading and strategic partners. But it does not need such arrangements at any price. No agreement is better than a bad agreement.

A more cautious and considered approach to international relations will produce results less quickly. But they may be results that Australia is more easily able to live with, with fewer negative consequences, over the longer term.

It's just not cricket that Sri Lanka keeps playing

The government of Sri Lanka has been embarrassed over its human rights record by a call for a boycott campaign being run by respected Australian sports writer Trevor Grant. Grant has been using the Sri Lanka cricket team’s current tour of Australia to highlight what the UN believes were war crimes committed in Sri Lanka in 2009 and a subsequent campaign of human rights abuse against the country’s Tamil minority.

The campaign is the first politically driven proposed boycott of sports in Australia since the anti-apartheid boycotts of South African sporting teams in the 1970s and '80s.

While touring Australia, the Sri Lankan cricket team, self-proclaimed ambassadors for their country, have been touting a holiday resort on their country's north-east coast. Grant says the military built-and-run resort is situated at the site where some 40,000 Tamil non-combatant men, women and children died at the hands of the Sri Lanka military.

Celebrating Human Rights Day in Timor-Leste

As the world celebrates Human Rights Day on 10 December, it is a good time to pause to reflect on the status of human rights in Timor-Leste. 13 years after the end of Indonesian rule and after ten years of independence, the question arises as to whether Timor-Leste’s aspirations to respecting notions of human rights, as outlined in its Constitution, have been successful.

Notions of human rights are broadly located in two categories; civil and political rights and social, economic and cultural rights. It is conventional to regard these respective categories of rights as being equal in value and mutually dependent.

Tamils pay the cost of political expediency

At a time of bipartisan support for renewing the Pacific Solution, it is deeply disturbing to see the asylum seeker issue taking a turn for the more extreme. In a world of dog-whistle politics, it appears that further punishing victims is acceptable if it can score domestic political points.

Despite the opposition’s success in the government adopting its Pacific Solution, Deputy Opposition Leader Julie Bishop’s call to return Sri Lankan asylum seekers to Sri Lanka without processing their claims reduces policy debate to moral abandonment. Backing her, Opposition Leader Tony Abbott has displayed either ignorance or denial of the facts on the ground in Sri Lanka and Australia’s legal obligations.

Community legal centres: revolutionaries, or going around in circles?

Once again, activist lawyers from across Australia are coming together at the National Conference of Community Legal Centres (#naclc12). It’s a terrific opportunity to reflect on the work of Community Legal Centres (CLCs), and to identify challenges and opportunities.

Australia’s West Papua bind

It seems that no matter how cordial Australia’s relationship with Indonesia is or how much it is desired to be so, perennial issues continue that call aspects of that relationship into question. Critically, the gap between how Australia official engages with Indonesia and how that engagement is more widely viewed within Australia continues to test the relationship.

We cannot become complacent on children's rights

 As Australians, our home is known as the 'lucky country'. We learnt recently that five of Australia's cities are among the most liveable in the world. Geelong Advertiser readers will know that it’s only a matter of time until Geelong finds its way onto that list.

But not everyone in the world is so lucky.

The ongoing asylum seeker debacle: It will always be about the push factors!

Let’s start with some basic facts. The 1951 Refugee Convention (as broadened by the 1967 Protocol) provides that the term “refugee” shall apply to any person who: 

Freedom of Speech in Timor-Leste

As a still young state trying to establish itself, within itself and in the world, Timor-Leste’s commitment to recognising and upholding human rights, in particular civil and political rights, has been widely welcomed. For a people who have suffered such egregious human rights abuses, it is consistent that they wish to never suffer such abuses again.
One of the criticisms of supporting civil and political rights is that people also have other needs and rights, including the need for material well-being and related economic, social and cultural rights. What needs to be remembered, however, that not only are these two sets of rights not mutually exclusive, they are also mutually interdependent.
To illustrate this point, it is difficult to advocate for political and civil rights when one is starving. Yet it is also not possible to advocate for economic rights if one does not enjoy civil and political rights.

Syndicate content