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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.
In our response to the forced movement of peoples we must recognise that our national identity is not built primarily on uniformity of religion and race but on adherence to the values that are enshrined in our social institutions. We must also recognise the way in which our own prejudices and fears affect the judgments and proposals we make, and exercise a proper scepticism about making quick judgments and drawing universal conclusions from particular events such as those in Cologne.
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.
The UN Climate Change Conference in Paris is set to become the last opportunity for meaningful global action. The signs so far bear optimism, as the impetus for a binding international agreement to tackle the severity and effects of climate change has taken a turn. In order to better understand why, and appreciate the difference that a few years can make, it is worth revisiting why Copenhagen was such a disaster. The most meaningful difference between then and now involves leaders.
Prime Minister Malcolm Turnbull has declared that violence against women needs to be seen as 'unAustralian'. But sexual violence against women was part of the colonial experience for the Indigenous population, and continues to be a symptom of the punitive measures enacted against asylum seekers that we have a moral and legal obligation to protect. Violence against women is very much 'Australian', and will be until the institutional violence that has defined our past is owned and redressed.
Anyone hoping a Turnbull government will be more accommodating of boat people than an Abbott government will be sadly mistaken. But that is not the end of the matter. Now that the government has firmly closed the entry door to Australia, there is no warrant for maintaining the chamber of horrors in the Pacific which was set up as a 'circuit breaker' deterrent. Turnbull needs to admit that a purposeless chamber of horrors is not just harsh; it is cruel, and it is unAustralian.
French satirical magazine Charlie Hebdo has stirred controversy over cartoons depicting Aylan Kurdi. Superficially it appears this is about the bounds of propriety, but the hard truth is that body of a three-year old refugee cannot be a holy relic that is untouchable. What is the point of being miserable over things we cannot control?
Pope Francis's concerns are not narrowly dogmatic or pedagogical but universally pastoral. He knows that millions of people, including erstwhile Catholics, are now suspicious of or not helped by notions of tradition, authority, ritual and community when it comes to their own spiritual growth which is now more individual and eclectic. He wants to step beyond the Church's perceived lack of authenticity and its moral focus on individual matters, more often than not, sexual. He thinks the world is in a mess particularly with the state of the planet — climate change, loss of biodiversity and water shortages, but also with the oppression of the poor whose life basics are not assured by the operation of the free market, and with the clutter and violence of lives which are cheated the opportunity for interior peace. He is going to great pains to demystify his office. He wants all people of good will to emulate him and to be both joyful and troubled as they wrestle with the probl
The Kosovar solution is not a good one. In 1999, 4000 Kosovars were brought to Australia on a TSHV initially for three months but what turned out being several years. Legislative bars were created to prevent them from applying for any other visa whilst here, including protection visas. If we just hand out temporary visas to the Syrians, they will be in limbo and their ability to resettle and contribute to their new country is diminished.
If you want to form government in Australia and if you want to lead the Australian people to be more generous, making more places available for refugees to resettle permanently in Australia, you first have to stop the boats. If you want to restore some equity to the means of choosing only some tens of thousands of refugees per annum for permanent residence in Australia from the tens of millions of people displaced in the world, you need to secure the borders. The untrendy truth is that not all asylum seekers have the right to enter Australia but that those who are in direct flight from persecution whether that be in Sri Lanka or Indonesia do, and that it is possible fairly readily (and even on the high seas) to draw a distinction between those in direct flight and those engaged in secondary movement understandably dissatisfied with the level of protection and the transparency of processing in transit countries such as Malaysia and Indonesia. The popular evil is that political
For almost twenty years, across the settlements and subsistence farms of Central Africa the Lord’s Resistance Army (LRA) has preyed upon civilian populations with exceptional cruelty, emerging from the bush in small units to commit unspeakable atrocities. These days there is a common assumption that the LRA has been decimated and scattered and that its leader Joseph Kony is in hiding and probably ineffectual. But visiting activist Sister Angelique Namaika insists this optimistic assessment is misguided.
The Expert Panel on Asylum Seekers of 2012 said 'a regional cooperation and protection framework' should shape policymaking. Support for a regional solution also exists among academics and NGOs such as the Refugee Council of Australia. So what would such a framework look like? And when the time comes, will Australia be prepared to lead the way by increasing resettlement numbers?
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