Back in 2000 a research paper was prepared which assessed the operational effects of the 1951 United Nations Convention Relating to the Status of Refugees.. The paper entitled "The Problem with the 1951 Refugee Convention ( Research Paper 5 2000-01) Adrienne Millbank commented that:

"The essence of criticism of the 1951 UN refugee Convention is that it is anachronistic. The treaty was developed in and for a different era." page 9 paragraph 2.

"In Europe last year 70 percent of asylum seeker sought protection in just four countries - Germany, Britain, Switzerland and the Netherlands." page 9 last paragraph.

"Acceptance rates are more revealing of a country's political priorities, or its attitude to migration, or the weight of numbers it has had to deal with, or its diplomatic relations with "sending" countries, than the "genuineness" of refugee claims. In the mid - 1990s Canada accepted 70 percent of on-shore asylum claims, compared with Finland's 0.2 percent. In 1996 Canada accepted 81 percent of Somalis and 82 percent of Sri Lankans as refugees; the UK accepted 0.4 percent of Somalis and 0.2 percent of claims from Sri Lankans." page 10 paragraph 2.

"It is highly unlikely that many governments would sign up to the 1951 Refugee Convention today." page 16 last paragraph.

The paper goes on to comment on various options including withdrawal from the treaty. The paper notes that Article 44(2) provides for withdrawal by a nation if it provides 1 years notice to the UN.

It would appear that Malaysia is not a signatory to the Convention or the protocol which goes with it. The USA also did not sign the Convention but in 1968 adopted the Protocol which is the machinery established under the Convention.

According to the paper no country has ever withdrawn from the treaty, though it would be quite simple to do so and then enact any law considered appropriate as a replacement.

So, as always the solution lies within the hands of the Australian government, but it cannot bring itself to do so. Instead it continues to play a game of follow the rest of the world, whilst trying to figure out ways to get out of its obligations by other means.