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Behind all the legal technicalities and political argument about boat people, there is room for deeper ethical reflection and a more principled proposal. But first, to clear away some of the debris.
Fr Frank Brennan SJ is board director of St Vincent's Health Australia and professor of law and director of strategic research projects (social justice and ethics) at Australian Catholic University. Text is from his address at Leading the Way, the Catholic Health Australia Conference, Perth 21 August 2012, Governance and Mission stream.
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.
It should be mandatory for anyone writing on asylum seekers to spend time visiting detention centres. Many commentators ignore the hard work of those who have. Moreover the politicians are too poll driven to even explain the human desperation that leads to boat journeys.
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.
The readiness of developed nations to help and receive refugees and asylum seekers has come under greater strain. Xenophobia has intensified in Europe, where Greece's Golden Dawn party threatened to expel migrants from schools and hospitals if elected.
Migrants and refugees find Australia attractive because the rule of law generally functions well. If mob rule prevails, as is threatening to occur in the case of Craig Thomson, Australia will lose its lure and the politicians could finally have their wish because the boats will stop.
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'.
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.
The High Commissioner for Refugees has warned Australians about 'populist explanations ... and fears that are overblown'. He clearly had the Coalition in mind. One-liners and slogans don't make for credible refugee policy. Neither does recycling failed policies of the past.
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