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I talk to those on Manus at all times of the day and night and make sure they are okay. Of course, they are not okay, but so far all of my friends are still alive We keep their spirits up by sending them clothes, games and keeping their phones paid-for so they can talk to their families. We keep them informed about what is going on in Australia. We do not encourage them to hurt themselves in order to put pressure on the government. We do everything possible to stop them from hurting themselves.
I have often wondered at the likely success of entreaties to compassion for asylum seekers. This is not because I do not personally feel compassion for these people. And it is not because I do not believe that it is morally correct to show compassion, including through government policy. Rather my response is partly a factor of my training as a lawyer. Through my legal eyes, I can see little hope for appeals to politicians to show compassion. My conditioned response instead is to appeal to law.
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.
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.
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.
News about climate change can be depressing. But it was downright shocking to learn that budget cuts to CSIRO have led to the decimation of the agency's climate science. Australia is one of the worst global emitters, yet Australian citizens have outsourced responsibility for climate protection, as they have for refugees. The ease of bipartisan agreement on such crucial dilemmas confirms the point. A dormant electorate creates a negligent, sleeping, self-satisfied and corrupt government.
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?
Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.
The UNHCR guidelines for resettlement are there for a reason: those who need resettlement, when this option is available, are the most vulnerable and weak in a refugee population: children and teenagers, women at risk, people with urgent medical needs, the elderly, victims of torture and trauma, split families. None of these should be subject to a religious test. As several Muslim commentators have said in the Australian media, you do not ask a drowning person her religion before rescuing her.
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