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Julian Assange sits securely in the Embassy of Ecuador in London, as Cardinal József Mindszenty did for years inside the US Embassy in Communist-ruled Hungary. This is a benefit of the Vienna Convention. If Britain violated this principle by storming or cutting off utilities to the Embassy, the diplomatic protection of its officials and their families around the world would be weakened immediately.
All major political parties now hope they can confine people in Nauru for years on end without any prospect of court supervision and without any need for Parliament to revisit the matter. We have reached a fork in the road between decency and deterrence. As a nation we have taken the low road, inviting the newest signatory to the Refugees Convention to emulate our indecent behaviour.
A boat disappeared on 28 June, the 67 people on board presumed dead. The usual dysfunctional patterns of official behaviour followed: tardy response to families, insensitive language, political exploitation. Hopefully the Houston report's quiet hints that all is not well might lead to a more compassionate and timely response in future.
Amending the Migration Act to make the old style Pacific solution less susceptible to judicial review errs on the wrong side of decency. The Coalition and the Greens should unite in the Senate to oppose it. In the protection of the human rights of asylum seekers, deterrence must come second to decency and accountability, even when we are trying to beat people smugglers.
Next week Parliament reconvenes; meanwhile the boats keep coming. Chris Bowen will be armed with a report from an expert panel that has been hearing from the community. We're still awaiting an answer on unaccompanied minors under the Malaysia solution. Until one is provided no one in good conscience can give it the tick.
There is a lot of political point-scoring over whether particular countries have signed the Refugee Convention. But there is no signatory country on the route used by almost all asylum seekers fleeing to Australia. A regional framework must be built on what's available — such as the Malaysian agreement.
The tear-shedding in parliament over people drowning near our northwest coast was astonishing. In a decade that has seen asylum seekers demonised by policymakers, the reversal was nearly comical: asylum seekers, it turns out, are human beings. It illustrates how poorly the question of asylum has been discussed since 2001.
Last week’s tragedy of another mass loss of life at sea between Indonesia and Christmas Island focuses our minds yet again on an intractable public policy problem for Australia – our search for a coherent, workable and moral asylum policy.
Hayder 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.
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'.
His proposed amendment to the Migration Act is designed to remove the peg on which the High Court hung the Malaysia solution out to dry. It is a convoluted means for allowing the executive government to declare an offshore processing country without meaningful scrutiny by Parliament or the High Court.
Australia'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.
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