Too
young – or too unimportant?
Yasmin Ali is now home in Flores telling family and friends about his extraordinary
experiences in Perth, the booming capital of Western Australia, and Albany a
small holiday town on the State’s south coast.
Unfortunately
the teenager’s accounts, garnered over two years, aren’t littered with tales of
fun on sun-soaked beaches or happy times in a prosperous society that respects
human rights. Instead his tales are
about life in two jails.
For back in
2009 Yasmin, then 13, was arrested when the Indonesian fishing boat he was
helping crew arrived at Christmas Island in the Indian Ocean. It was laden with 55 Middle Eastern asylum
seekers.
Under
Australian law Yasmin faced a mandatory five-year jail sentence unless he could
prove that he was under 18. He
couldn’t. Indonesian kids picked up by
the people smuggling mafia in Jakarta to work as deckhands don’t carry
passports and birth records.
Even if
they did have wallets stuffed with certificates the Australian Federal Police
wouldn’t accept them as valid, assuming that all Indonesian documents are false
unless proved otherwise.
Instead the
police X-rayed Yasmin’s wrists using an 80-year old technique that links
bone-growth rate to age. The scans are
measured against an atlas of white middle class children from the US.
Medical
experts have been rubbishing the system as inaccurate and inappropriate for
Asians. But the AFP refused to change
its policy till late last year when a court in Queensland threw out charges
because it believed the defendants were underage.
By then
around 24 kids like Yasmin were already sharing space with violent criminals
and paedophiles.
A visitor
to the Albany jail on other business noticed Yasmin and was convinced he looked
too young to be banged up in an adult prison.
He raised
his concerns with Ross Taylor, the founder of the Perth NGO Indonesia
Institute and a former WA Trade Commissioner in Jakarta. He started speaking up in the media about
the boat kids, claiming they were the unwitting dupes of ruthless criminals and
should be repatriated, not prosecuted.
Sadly his
campaign wasn’t greeted with widespread applause. There’s no sympathy for people smugglers in Australia; former
Foreign Affairs minister Kevin Rudd labelled them the ‘scum of the earth’. Few in the public were prepared to
differentiate between the godfathers in Jakarta and deckhands in Nusa Tenggara.
There’s
been little understanding of the realities of Indonesian village life where poor
fishermen are prepared to take great risks for the promise of high wages and a
short voyage. They aren’t told the
trips are one way, the journey is hazardous and the cops are waiting for
survivors.
Australian
lawyers and reporters sought proof that boys like Yasmin were minors. However school records, letters by village
officials and statements by relatives all failed the AFP’s test of verifiable
documentation.
Nonetheless
Mr Taylor, journalists and others kept hammering at the Australian government
and public opinion. Indonesian diplomats in Australia eventually started trying
to obtain convincing paperwork.
At last
their efforts have yielded some success.
Federal Attorney General Nicola Roxon released Yasmin and two other
children. They were immediately
deported last Friday. (18 May) Age verification is now the responsibility
of Immigration, not the AFP.
A Federal
Parliamentary inquiry into underage prisoners initiated by the Greens is
underway, and there’s talk among human rights lawyers about the children suing
the Government for wrongful imprisonment.
Many
factors complicate the issue. The lack
of an efficient and universal system of recording births and issuing
certificates that can be checked against a centralised registry in Indonesia
doesn’t help.
Nor does
the poor education of village boys who are ignorant of international law and
politics and foreign legal systems so have to rely on others for advice.
Although Yasmin had free legal aid he pleaded guilty.
Australian
judges slamming the cell doors shut say tough sentences are deterrent, sending
clear messages to others.
They
don’t. If they did the boats would stop
coming. So far this year 35 Indonesian
vessels carrying more than 2,500 asylum seekers have been caught in Australian
waters
Some
deckhands don’t know their age or get confused under questioning. It’s alleged
Yasmin originally said he was born in 1990.
Others just want to stay with their older mates.
There’s no
doubt the ‘scum’ running the refugee boats know that using kids as crew means
many are likely to be deported.
While
freedom can’t be compromised and locking kids in adult jails is unconscionable,
the ugly irony is that living conditions in Australian prisons can be better
than in some Indonesian villages. Inmates are well fed and have access to free
medical care and education.
There are
reports that Yasmin is now so fluent in English he’s been acting as an
interpreter for other Indonesian prisoners.
Why did it
take a small lobby group and the media to goad the Australian government into
action? Why didn’t the Indonesian
authorities, backed by an outraged public and pushed by probing journalists,
loudly demand that the Republic’s young and vulnerable citizens be immediately
repatriated?
That’s what
happened last year when a 14-year old Australian boy spent several weeks in
custody in Bali after being arrested on drug charges. The howls of protest were so shrill Australian Prime Minister
Julia Gillard even spoke to the youth by phone when he was in custody telling
him that everything possible would be done to get him home.
There’s no
record of Indonesian ministers contacting Yasmin and his teen friends with
similar assurances.
Foreign
Affairs Minister Marty Natalegawa has reportedly said a regional solution is
needed to fix the mess. A good starting
point would be for Australia to stop its hypocrisy and Indonesia to stop the
people trafficking mafioso.
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