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Lesbos is famous for crossing boundaries. It was the home of the poet Sappho and the tender, delicate lyrics dedicated to the woman who was her lover. More recently it has been the home of refugees who have crossed from the murderous conflict in Asia. Pope Francis is also as famous for crossing boundaries as we Australians are for patrolling them. He is reinventing the papacy as a one-man barbed-wire-cutting team. So it is not surprising he decided at short notice to cross into Lesbos.
The chants were thunderous and sustained, as the suited and elegantly coiffed guests began to arrive for the Liberal Party fundraiser at Docklands. Initially there did not seem to be a significant police presence, as if the need for security was not considered high. As the chanting rose to a crescendo, chaos ensued. The mounted police arrived; but there seemed no plan of crowd control. It was a small protest but it was locked into a contained area with only one entrance. Then the wounded started to emerge.
We got a lesson in the art of language from the Minister of Immigration, Peter Dutton, whose redefinition of the word 'detention' was reminiscent of Humpty Dumpty's remark in Alice Through the Looking Glass: 'When I use a word it means just what I choose it to mean, neither more nor less.' We are social creatures who make real decisions based on the representations of others. Once we know we cannot expect the truth from each other, especially those who govern, society can no longer function.
The Palm Sunday Refugee Marches have come and gone; the travails of people who seek asylum continue. In a recent article that reflects her rich experience, Moira Rayner was right to say that marches are not effective in changing policy. Where they are, as in the Vietnam War marches in Australia or in Manila under Marcos, the fortress was already crumbling. Yet even when they are not effective, marches are not a waste of energy. Their value lies not in their effectiveness but in their ritual.
The Prime Minister wants us to be clever. Well how about we make sure everybody's got a place to call home? The problem of homelessness and the shortage of social and affordable housing is so huge that we need a massive solution and a massive financial commitment if we want to lay claim to being civilised and fair, let alone smart and innovative. This is why, among things such as reforms to negative gearing and capital gains tax, we need a $10 billion social and affordable housing fund.
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.
If Phillip Ruddock's appointment as Australia's first special envoy to the United Nations on Human Rights is about demonstrating the worthlessness of current international human rights protection structures (and the consequent hollowness of their criticisms of Australia), it is a rather short sighted one. Appointing a person with a weak record of upholding human rights in the area where Australia itself is weakest sends the unmistakable signal that Australia is no longer committed to the human rights project.
Since the first churches offered sanctuary to the refugees facing deportation to Nauru, a steady stream of voices have joined the call for compassion. As a political language, compassion is itself a reclamation of power. Extending safety, resources, or even a mere welcome to people in need proves that we have something to give. Strength is embodied by a capacity to aid and assist, rather than in cruelty. Empathy, care and compassion appeal to us on a level of emotion that runs deeper than mere rhetoric.
Churches across Australia have made headlines by offering sanctuary to those who stand to be returned to Nauru following the High Court ruling, including 37 babies and a raped five-year-old whose attacker still resides there. In doing so, they have been rediscovering an old concept and reminding the government what refugee law was for in the first place. As in the Dark Ages, where the organs of the state are unable or unwilling to protect the vulnerable, it is the churches who are speaking out.
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?
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