TO WHAT EXTEND DO THE BOAT TURN-BACK POLICY EFFECT DIPLOMATIC RELATIONS BETWEEN AUSTRALIA AND INDONESIA

PRESENTED BY: ANDHIKA PANDU KURNIAWANSTUDENT ID: 2131283

the terms emerge around 1976 when numbers people from Indochina (Vietnam) embarking to Australia & Asia.Later, the terms applied to waves of refugee who attempted to reach United States by boat from Cuba and Haiti, and also to afghan and other middle-east refugee seeking asylum in Australia IS number of people who arrives by boat through the sea, unannounced, without a visa and with the intention of seeking political asylum. THEY ARE people who owing well-founded fear of being persecuted for reason of race, religion, nationality, membership of particular social group, or political opinion, is outside the country of his nationality and is unable to or, owing to such fear is unwilling himself of the protection of that country.-------------------------------------1951 UN Convention Relating the Status of Refugee& UNHCRBOAT PEOPLE

POSITION&OBLIGATION SIGNATORY STATE OF 1951 UN CONV. OF REFUGEE 1982 UNCLOS 1974 CONVENTION FOR SOLAS 1979 CONVENTION ON MARITIME SAR NON SIGNATORY OF 1951 UN CONV. OF REFUGEE 1982 UNCLOS 1974 CONVENTION FOR SOLAS 1979 CONVENTION ON MARITIME SAR

TURN BACK BOAT POLICYAUSTRALIA GOVERNMENT policy to protect Australia's sovereignty by preventing any kind of illegal entry vessel to the territorial waters.

practices an interception of any kind of illegal vessel and where safe to do so, remove it outside Australians territorial waters and beyond Australias contiguous zone.

started in December 2013

RECENT CASES

date of embarkembarkationPointdate of turn-backNumber of peopleExplanation8/ 12/ 2013Kandaria,South Sulawesi19/12/201347Boat towed to ROTE Island while people travelled on navy ship22/12/2013West Java27/12/201342Escorted back by 2 navy vessel from Christmas Island to southern coast of Java21/12/2013Makassar1-6/01/201445Landed near Darwin, called for help, towed to Rote Island by HAMS Parramatta and HMAS Glenegl after five days--/12/2013Medan8/01/201425Intercepted early Jan 2014 near C.I, escorted back by Navy to Southern java5/01/2014Java15/01/201356Intercepted mid-ocean, boat scuttled, rescued by Navy, taken to CI, place in life boat, ordered to continue to Indonesia accompanied by Navy 27/01/2014Java5/02/201434Asylum seekers on Austalian ships Triton and HMAS Bathurst off the coast of CI, towed orange life boat after a week.

IT IS UNLAWFUL TO THE INTERNATIONAL LAWIts an action that disobey the international obligation to protect refugee & give assistance to distress people at the sea (The Refugee Convention & The SOLAS Convention. Expulsion in any kind of method to refugee is not allowed.According The Refugee convention, expulsion supposed to be based on a proper legal process. In fact, those refugee was sent back to Indonesia water without any access to fair and open legal process. Australia officers has breach the refugees rights as a human such as coercion, cruel and inhuman while doing expulsion. As reported there are a refugee that has been coercion to touch hot engine and burnt their hand by inflamed match

INDONESIAS REACTION Indonesia government reject and oppose the policy Indonesia defence authorities has strengthen the border protection Indonesia evaluate that by implementing turn-back boat policy and numbers of unnecessary incident by Australia Navy could categorized as sovereignty violation and harmful. Indonesia also asking Australias commitment to Human Rights and responsibility as a signatory state to 1951 Refugee Convention

DIPLOMACYis an ordered conduct of relations between one group of human beings and another group alien to themselves (in this case, group means states/ countries)It is also has a meaning as an art or practice of conducting relations, as negotiating alliances, treaties, and agreementsbuild with good faith regarding to issues of peace-making, trade, war, economics, culture, environment, human rights, national interest, military aspect and political issuebridging the gap between countriesdiplomacy needs a diplomat to build communication between countries, which is represent with ambassador. Diplomacy is intended to reduce tension, prevent war as well as a forum for mediation of international conflicts

CONCLUSIONdiplomatic relation is built in purpose to foster, maintain and organize a smooth relationship with the state and other governmentThere is a similarity interest between Indonesia and Australia, that both countries is protecting their sovereignty. The gap is, Indonesia evaluate that by implementing turn-back boat policy and numbers of unnecessary incident by Australia Navy could categorized as sovereignty violation and harmfulIndonesia has objection oppose Australias turn-back boat policy. It is affecting the relation between Indonesia and Australia into high tense, however in my point of view with only one issue: turn-back boat policy it is not affecting diplomatic relation between Indonesia and Australia, furthermore if there is a gap between both countries regarding this issue, it is diplomat duty to do diplomacy

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