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Sadly, the major political parties have forfeited any claim to govern in their own right because they have caused such disillusionment among so many voters about other policy issues with strong moral overtones. Any voter impressed with Pope Francis' encyclical Laudato Si' or inspired by his visits to asylum seekers on the islands of Lampedusa and Lesbos could not blithely vote for either of the major parties, without first determining how to place some continuing political and moral pressure on them.
'Being in the middle of an election campaign, I will not be making any partisan party political points. However being here in the bellwether seat of Eden-Monaro, I will conclude with a critique of both major political parties, and with one piece of political advice for citizens of goodwill seeking a national asylum policy more in harmony with the ideals set out by our bishops in their social justice statement.' Yass Catholic Parish Potluck Dinner, 28 May 2016
This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.
A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
Ursula Rakova told how the sea that had been the friend of her people, was turning against them. It had crashed through and divided her island in two. Coconut palms were collapsing at the new shoreline. Food gardens were lost, as the soil was increasingly rendered infertile by salty tides that washed over them. The land that had been handed from grandmother to daughter, would bequeath no legacy to the granddaughters. The homeland of generations was disappearing before their eyes.
Who better to consult than Dr Hippocrates and his humours? Before Tony Abbott's deposition the choleric element dominated in Australia, full of sound and fury. This has been followed by the preponderance of the sanguine humour, expressing itself in that sunny optimism that makes light of problems. But more recent events suggest that the humours are again in chronic imbalance. The core weakness in the Australian constitution has not been removed with the accession of Malcolm Turnbull.
On Sunday, Immigration Minister Peter Dutton seemingly relented, allowing the child to be released into community detention rather than carting her off to Nauru. It has, however, been made clear that this is no prelude to settlement in Australia. Dutton's line goes to evenness in policy: 'We are going to have a consistency approach here ... intelligence out of Indonesia recently was that people smugglers were reporting ... there was going to be a change in policy.' None of these arguments passes muster.
It is right and good that the outpouring of community and professional goodwill has at least delayed the return of baby Asha to what are reported to be the terrible conditions of the detention centre on Nauru. But Australia's asylum seeker laws involve unresolved systemic issues that such wins cannot by themselves resolve. Widespread community focus on individual cases such as that of baby Asha may in fact prevent action on the deeper issues from gaining traction.
The practice of governments using the Parliament to change the law in order to win court cases is unfair, as only one party to a court case has the power to do this. The M68 case decided on Wednesday, which challenged the detention and transfer to Nauru of asylum seekers, was effectively won by the government because they changed the law retrospectively to make sure they would win. No retrospective fix will be possible for people who fled persecution only to face a punitive and hostile policy.
Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?
Australia woke on 26 January to the news that David Morrison had been named Australian of the Year. One of the most striking features he displays is empathy. It is a quality in vanishingly short supply in public discourse, yet is fundamental. Unless we can put the individual on a broader canvass, our world view is incomplete. I am important, but unless you are recognised as being just as important as I, then you are just a plaything for me. My rights are bounded by your rights, your value as a person.
The two major challenges facing the world have to do with kindness to strangers and care for the natural world. If the image of the beginnings of Australia is of a boatload of powerful Europeans coming to exploit the land occupied by a primitive people, a better image of future Australia Days might be of Australia sending parties to Indigenous settlements and other nations to discover how to cooperate in the great projects of reconciliation between people and people with nature.
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