: A publication of Jesuit Communications Australia
Podcasts (all articles)  |  Join us on Facebook   |  Follow us on Twitter
EUREKA STREET  
Search our site
You can search by topic, author, article title and keywords.
 

 

 

 

Advertisement



Advertisement

Advertisement

1pix
smaller font larger font print article Email this Article to a Friend Bookmark and Share
Home » Eureka Street Extra Archive > A modern approach to refugee resettlement
HUMAN RIGHTS

A modern approach to refugee resettlement

Kerry Murphy August 20, 2010

Tony Abbott, Stop the BoatsOne of the Coalition's four planks in this election is to 'stop the boats'. Their policy also states that the temporary protection visa system will be introduced as well as offshore processing in Nauru. The Labor policy does not go as far but does propose a regional offshore processing centre, maybe in East Timor.

Both major parties propose to keep the refugee and humanitarian program at 13,750 places, of which 6500 are for refugees recommended by UNHCR. The balance of the program is for humanitarian cases, mainly immediate family members of refugees and onshore protection cases.

All those who are accepted as refugees are individually assessed by migration officers, whether offshore or onshore. So whether 5000 refugees come from UNHCR cases or arrive on boats or by planes and are then assessed as refugees, you still have 5000 refugees.

But the debate does not focus on how many refugees we ought to take, but on who are the 'good refugees' and who are the 'bad refugees'. According to the Coalition, 'bad refugees' are those who come on boats and then seek asylum. They take places that could otherwise go to the 'good refugees' who wait patiently in camps.

This dichotomy underlies the myth of a 'queue', and so pits different groups of refugees against each other. The reality is more complex.

For refugees, there are three possible solutions. First, people should be able to return home and live safely. If that is not possible, then the second option is integration in the country to which they initially fled. The third and least used option is third country resettlement.

The UNHCR estimates there are around 12 million refugees in the world. Less than 100,000 (under one per cent) will be resettled in third countries. An estimated 25 million people are also internally displaced. Few if any of these people will have access to third country resettlement.

To claim there is a queue of people seekeing asylum does not respect the reality of refugee movements. It is ludicrous.

Historically, refugees have tended to live in camps near the borders of the country from which they fled. Since 1945, the oldest unsolved  group of refugees comprises the Palestinians who have now lived for nearly two generations in camps in the Middle East. Yet they are rarely considered for third country resettlement.

In the last 20 years, more refugees live in urban centres than previously. Iraq, for example, was a very developed country with a significant middle class and significant minority populations. Many of the tertiary educated professionals who fled Iraq since 2003 are living in Syria, Jordan, the United Arab Emirates and other countries in the region. A significant number are Sunni or Christian.

The Iraqi refugees include medical professionals, IT specialists and engineers who have temporary work in the UAE. When that finishes, they need protection elsewhere as it is too dangerous to return to Iraq. Others live off their savings in Syria. Some use their resources to get to countries of resettlement and then claim asylum.

UNHCR identified such professionals as being at high risk in Iraq in April 2009 and this assessment was confirmed in July 2010. They do not fit the stereotype of a 'poor refugee in a camp', but they meet the refugee definition because poverty is not a requirement for refugee status.

It is estimated there are around one million Iraqis in Jordan and Syria and a further 1.5 million internally displaced in Iraq. There are no Iraqi camps as such in Jordan and Syria, but the Iraqis are spread throughout the suburbs of Damascus and Amman.

The experience of these Iraqis is different to that of older refugee communities, such as Afghans, Cambodians, Sudanese and other African communities put in refugee camps. There are still major Afghan refugee camps in Pakistan but more and more Afghans are now living in cities such as Peshawar or Quetta rather than in camps.

More recently some Afghans fled directly from Afghanistan or from the camps to seek a solution themselves rather than waiting for the refugee 'resettlement lotto' in camps.

In developing a contemporary policy for refugee resettlement, these variations in types of refugee need to be considered. Some flee to camps and remain there waiting to see if a return home is possible. Others seek resettlement through the UNHCR. Others flee to a Refugee Convention signatory country to seek asylum.

Sadly human rights abuses will continue and therefore there will be more refugees. The current debate rarely considers those who are forced to move for environmental reasons because their cases do not fit the narrow refugee definition, but the next two decades are likely to see more of such cases.

We need to work collectively with other countries and international organisations. We cannot expect to remain forever isolated from the large numbers of people moving around the planet. A modern approach to refugee resettlement will reflect these different movements without pitting groups against each other.


Kerry MurphyKerry Murphy is a partner with the specialist immigration law firm D'Ambra Murphy Lawyers. He is a student of Arabic, former Jesuit Refugee Service coordinator, teaches at ANU and is one of Australia's top immigration lawyers as recognised the Australian Financial Review Best Lawyers survey in 2009 and 2010.  

 

Bookmark and Share

Enjoyed this article? To ensure that Eureka Street can continue its 20 year publishing tradition, click here to make a donation to Eureka Street.

To email to a friend, click here.

 

COMMENT ON THIS ARTICLE

 

Submitted feedback is moderated. Email is requested for identification purposes only.

Name:
Email:
Comments:
Word Count: 0
(please limit to 200)
 


SUBMITTED COMMENTS

 

Fr Frank Brennan SJ20 Aug 2010

Readers of yesterday’s piece in the Melbourne Herald Sun may have been left with the impression that I think "the federal Opposition's plan for Nauru would be more acceptable" – to quote the Hun! To be fair, that is not what the journalist reported. This was the Hun’s editorial gloss. I sent a letter correcting the error. But the Hun declined to publish it.

No plan for a regional centre wherever it may be will be acceptable unless it guarantees immediate release from detention on proof of refugee status and prompt resettlement of those proved to be refugees. Tony Abbott and Scott Morrison have refused to give such guarantees. Without such guarantees, a Nauru processing centre would simply become a punitive detention facility in breach of UN the Convention on Refugees.

Thanks to Kerry for setting the context for the discussion which will commence next Monday morning whoever wins government and wherever they contemplate building a regional centre to address what is largely just an Australian problem, obsession or concern (choose your own term!)


Claude Rigney20 Aug 2010

Kerry Murphy is correct in aaying:"...we cannot expect to remain forever isolated from large numbers of people moving around the planet". It's probable that there are 40 to 50 milion displaced or suffering people around the globe, who are in need of shelter.

Denmark is a country which once celebrated difference and was most generous in its welfare and immigration policies.

In Denmark truly socialist liberal governments had remained in control for over 70 years, but in 2001 the Danes elected a reactionary conservative administration....WHY?

Over the past 30 years many Muslim immigrants and asylum seekers were welcomed into Denmark.

These new citizens undertstandably banded together on arrival and tended to form exclusive enclaves. They protected their
culture and upheld their religious beliefs. They were scandalised about what they considered to be the decadence and immorality of Danish life,and Muslim leaders condemned it.

In 2005 a Danish newpaper produced a series of cartoons that ridiculed Islam and humiliated the Muslim population. Extreme violence followed, lives were lost.

Denmark has a population of 5.5 million.
Statistically speaking Muslim immigrants constitute 5% of the population but consume upwards of 40% of Denmark's welfare spending. These figures could be very mileading as they apply to "immigrants" only and not to the two generations of the Danish-born children of those immigrants. In other words the average age of Muslim immigrants would obviously be higher than that of the Danish population, and considering their impoverished origins, might disproportionally be in need of welfare support.

It is estimated that every third inhabitant of Denmark in 40 years will be Muslim. If this prediction is accurate and democracy prevails then it could reasonably expected that a short time thereafter, Denmark would become an Islamic state. How could anyone with liberal and democratic values possibly object to this?

Kerry Murphy refernces"integration" in his excellent article. As there are degrees of integration, how could a law be possibly framed to make it a crime to fail to integrate to a specified degree?

The demographers can do the calculations, but it appears, using the Danish experience, that the best way to go is to "hasten slowly". The Danes now have the strictest immigration policy in Europe Some of the obligations required, if you wish to become Danish are:

1)You must attend 3 years of Danish classes.

2)You must psass a Danish history, culture and language test.

3)You must live in Denmark for 7 years before applying for citizenship.

4)You must demonstrte an intent to work and have a job waiting.

5)If you bring a spouse into Denmark you must both be over 24 years of age.

And that's just the beginning.


Beat Odermatt20 Aug 2010

I watched a TV show tonight which showed how a woman with children is forced to live on the ground in an open garage. She has to watch how clients of people smuggling gangs are living in luxury in 4 star hotels. Do we forget our own homeless people and poor families and waste our resources on people who are correctly called “queue jumpers.”?


Marilyn Shepherd22 Aug 2010

Why don't the moron media just scream in the faces of the moron pollies "all your drivel is illegal". Just do the job of assessing the miserly number of asylum seekers, stop locking people up and stop wasting time and money whining.


Marilyn Shepherd22 Aug 2010

Beat, the 4 star hotels are prisons and it is not the fault of the asylum seekers that the whinger on TV lives in a garage.


Previous Articles by this Author

POLITICS

Post-Saddam Iraq defined by division  

George W. Bush gives thumbs-upOne Christian engineer remembers celebrating religious festivals with his Muslim neighbours. They in turn would celebrate Christmas with him. Such interfaith experiences are almost unknown now. Iraqis tell me that at least under Saddam you knew where the boundaries were. Now there is uncertainty and indiscriminate violence.


POLITICS

Asylum seekers stiffed by election year spin  

Spinning topThe ad hoc nature of arrangements for asylum seekers in Nauru and PNG reveal that priorities are being determined by election dates rather than respect for human dignity and international human rights laws. The latest Coalition idea to interdict boats from Sri Lanka outside our territorial waters and send them back is particularly ill-considered.


NON-FICTION

Back road encounter in the Italian countryside  

Calabria winding country roadWe drove up a narrow road, on the dubious instructions of the GPS. Suddenly the car became unbalanced and the front wheel spun above the side of the road, which had collapsed. We were stuck. We could hear dogs barking in the night. After a while a car approached from one direction, and then a utility from the other.


POLITICS

Rise of the Kurds in Syria  

Map showing spread of Kurdish populationsIt is not only Arabs that stand to benefit from the Arab Spring. Kurdish autonomy has long been a desire of the Kurds, who are spread through Turkey, Syria, Iraq and Iran. In Syria, while the Assad regime is occupied by rebel groups in Aleppo and Damascus, the Kurds are establishing their own armed security in their areas.


EULOGY

Farewell to the concierge of Pitt Street  

Yassin, the concierge of Pitt StreetYassin made sure the bins were out for the garbage collectors, and that people had parking tickets on their cars in case the rangers passed by. He looked after the area so well that we nicknamed him 'the concierge'. Last Monday a security guard found him lying unconscious and without a pulse.


POLITICS

Refugees in the dark over security checks  

BlindfoldHayder and Mariam were found to be refugees in mid 2009. This year they had their second child. They have patiently awaited their security clearance, but when they make inquiries they are merely told that Immigration is awaiting the security checks from 'outside agencies'. The long process is affecting them mentally.


POLITICS

A tale of two refugee movement speeches  

Tony Abbott did not mention the term 'human rights' in his 3000 word speech to the Institute of Public Affairs on Friday. 'Illegal' appeared 11 times and 'asylum' once. In February, Antonio Guterres, the UN High Commissioner for Refugees gave a 3000 word speech to the Lowy Institute. A search of that speech finds 'human rights' five times, 'asylum' 21 times and no use of 'illegal'. 


POLITICS

Australia playing catch-up with latest refugee reforms  

Playing catch-upAustralia's refugee processing regime saw two major reforms take effect on Saturday. They bring Australia into line with the EU, Canada and New Zealand. The changes are welcome but do not go far enough. 


POLITICS

Asylum seeker Scrabble  

Scrabble tilesLast week there were three significant events affecting refugees including, tragically, more deaths. The use of language in the debate about asylum seekers is always striking, and has evolved and adapted over the years. It does not always reflect reality.


POLITICS

In a spin over Malaysia solution reboot  

Spin cycleYesterday the Government announced it will change the Migration Act to enable the Malaysia solution to go ahead. This latest action reinforces rhetoric about queues and people smugglers that obscures the real effects and motivations of current asylum seeker policy.


More from this section

 

Immigration control versus human rights
Kerry Murphy 30-Mar-2010
Brisbane Sunday MailOnce again the coalition is inflaming passions about what is actually an insignificant number of people arriving in Australian waters and claiming asylum. Unfortunately the Government is getting caught up in this debate because it insists on maintaining the excision and Christmas Island Centre.
Read more
4 comment(s) about this article.

 

Letter from Zimbabwe
Oskar Wermter 30-Jan-2009
A young man, well educated, with several diplomas in his pocket, pestered me about getting funds to do a course in South Africa. Not because he needs that course, but merely to get out of Zimbabwe. The rats are leaving the ship.
Read more

 

Jan Egeland, modern Santa
Andrew Hamilton 27-Feb-2007
When we think of the rise and rise of Santa Claus, we might ask whether King Haakon was bringing a Trojan horse into the Christian camp when he brought Yuletide into Christmas. But he had good precedents. Outsiders continue to be important in retelling the Christmas story. This Christmas, Jan Egeland steps down as head of the United Nations Office for the Coordination of Humanitarian Affairs.

Read more
3 comment(s) about this article.

 

Condoms only a possible first step to AIDS prevention
Paterne Mombe 26-Nov-2010

Women holding handsPope Benedict XVI acknowledges the relative moral value of a prostitute showing concern for protecting others by using condoms. But it is far from being sufficient. For him, it is not really the way to promote HIV prevention. One would say: the finality does not justify the means.


Read more
1 comment(s) about this article.

 

Challenging Frank Brennan on gay marriage
Rodney Croome 26-Nov-2010

Women holding handsI'd hoped a reformer and humanist like Frank Brennan would understand that in this world of disposable relationships, valuing love, commitment and inclusion must be our paramount goal. Instead, he has reverted to orthodoxy when confronted with a change that troubles his Catholic conscience. 


Read more
13 comment(s) about this article.