27. PELANGGARAN PRINSIP NON-REFOULEMENT TERHADAP PENGUNGSI DAN PENCARI SUAKA PADA KEBIJAKAN OPERATION SOVEREIGN BORDERS SERTA IMPLIKASINYA BAGI INDONESIA SEBAGAI NEGARA TRANSIT

Abstract

The arrival of boat people from Vietnam, Sri Lanka, and the Middle East to Australia since
the 1970s marked the beginning of an irregular arrival in that country. Irregular arrival to
Australia in fact has an important influence for political and economic condition. In an
effort to respond these issues, the Australian government under the leadership of Prime
Minister Tony Abbott issued a policy named Operation Sovereign Borders (OSB). The
main key of the policy will be carried out by intercepting the entire Irregular Maritime
Arrival (IMA) and combating the practice of people smuggling. The purpose of this
research is to describe the implementation of the principle of non-refoulement in the
OSB’s policies that run during the reign of PM Abbott. This research showed that
Australia had violated the principle of non-refoulement in the implementation of the policy.
Australia is also suspected of committing violations of human rights of refugees and
asylum seekers. While other impacts arising from the implementation of OSB’s policies is
the emergence of political tensions between Australia and Indonesia.