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Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
Since Richard Casey was External Affairs Minister in the 1950s, the three pillars of Australian foreign policy have been: a genuine reaching out to our Asian neighbours, adherence to UN-based multilateral values and institutions, and a firm but self-respecting defence partnership with the United States. All those pillars look pretty shaken now.
We Australians confront none of the complexities of sharing a land border with a poor neighbour. Most Americans, I find, consider our policy morally repulsive and just stupid. They cannot believe that we routinely lock up children, that we recently held 157 people on a ship in the Indian Ocean for almost a month, and that we are now going to send up to 1000 asylum seekers to Cambodia.
While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?
Like the Dictation Test devised devised to enforce the White Australia Policy, the National Interest Test would allow the Minister to exclude anyone he wanted. People who claim protection can be confident that the Australian Government will not have them or their dogs killed, but they will have no confidence that they will not be placed in dangerous situations or returned to places where they fear for their lives.
On Monday we learned that two boats of Tamil asylum seekers had been intercepted off Christmas Island. Now there are unconfirmed reports that Australia is handing them over to the Sri Lankan navy without assessing their claims for protection. Amnesty warns Tamils face the risk of sexual violence, torture, murder, imprisonment, and enforced disappearance. Since March this year there have been scores of arrests and several deaths.
Australians are understandably shocked at the sentencing of Peter Greste in Egypt. They may wonder what the Government can do for those caught up in the vagaries of a foreign legal system. The answer is, not much. The international order is still largely based on national sovereignty. We do not need to look to Egypt to see how this can allow a multitude of injustices to go unpunished — we need only ask our neighbours, the Indonesians.
In 2009 Cambodia enacted its own laws concerning refugees. If asylum seekers are found to be refugees they are given a prakas that allows them to stay legally in Cambodia but which is not accepted as a proof of identity by most employers, businesses and banks. The sense of insecurity of those seeking asylum is heightened by the memory of the 29 Uighur asylum seekers who in 1995 were deported from Cambodia to China at gun point.
It had been a long journey for the family gathered in the Cambodian office of Jesuit Refugee Service, but their search for a safe environment amidst people who would treat them kindly was not yet over. Genuine refugees set their compass for Australia expecting to find the democratic, resourceful and accountable country of which they have heard. The Coalition's reprehensible 'Cambodia solution' shows just how wrong they are.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
'We should abandon talk of taking Australia off the table. We should also abandon talk of taking the sugar off the table. The collateral damage of that is too great. The best we can do ethically and practically is to put the sugar out of reach while leaving it on the table for those who make it here with a visa or in direct flight from persecution.' Frank Brennan contributes to a Palm Sunday panel at St Michael's Uniting Church, Melbourne.
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