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When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.
Ministerial discretion over citizenship can't replace court processes. Such executive overreach, which contradicts democratic principle, has already found expression in law. From July 1st, workers involved in immigration detention, including doctors and teachers, are subject to two years imprisonment for speaking publicly about what they witness. In other words, whistleblowing has been penalised.
In George Orwell's most famous novel 1984, the white face of the Ministry of Truth bears the slogans: WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH. Australia is not approaching dictatorship, but a quick look at Orwell's slogans in the light of the past week's news makes disturbing reading.
All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?
It has certainly been an extraordinary election where, for once, Scotland has played a central role, especially in the realm of new ideas. It will be good for democracy in the UK if the predicted SNP landslide occurs, to put progressive policies ahead of party advantage and ensure the neo-liberals in Cameron's team are stopped from unleashing the same chaos as Mr Abbott in Australia, and compassion, care for the most vulnerable and services such as the NHS remaining in public hands return to centre stage again.
Only extremists regard Muslims as enemies. But if a populist and incompetent government were to scapegoat them and declare them to be enemies, as was done to asylum seekers, it would be a short step to build on the laws already introduced with further discriminatory legislation. That in turn would lessen the protections under the law that other groups would enjoy. Of course, this could never happen in Australia. But that is what they once said in Germany, Chile and South Africa.
Australian references to 'boat people' is simplistic and offensive. 'Queue jumper' inaccurate and moralising. Even the term 'asylum seeker' has become politically complicit. European coverage of this week's Mediterranean boat tragedy describes the victims and survivors simply as 'migrants', which is an open description of a person on a boat crossing borders.
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
As the freshly minted Social Services Minister, Scott Morrison has moved quickly to soften the tough stance he took in the Immigration portfolio. But it won't necessarily be easy. Patrick McClure has presented him with a massively controversial report on welfare reform which, if acted upon, would significantly reduce the incomes of a million marginalised Australians.
Just before Christmas last year, the United States Senate Select Intelligence Committee released its report on the CIA's Detention and Interrogation Program, and its use of torture on detainees between 2002 and 2006. Among the report's key findings was the fact that the brutality of the torture and the harshness of the detention regime went beyond what the CIA. had reported to policy-makers (in other words, the CIA deliberately misled its Senate overseers); that the CIA's claims for the effectiveness of torture to obtain information that was vital for national security were inaccurate and unfounded; that the torture regime had damaged the standing of the United States, and resulted in significant costs, monetary and otherwise; that personnel were rarely reprimanded or held accountable for violations, inappropriate activities, and systematic and individual management failures. Read more
A group of 50 academics has pointed out that 'Independent public office holders are an important part of modern democratic societies.' The Australian Bar Association and the Law Council of Australia have similarly argued that the personal attacks on Triggs amounted to an undermining of justice and the protection of human rights. It is a point the Abbott Government neglects to its peril.
Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.
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