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A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
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.
When I received my invitation to 'lead' the Palm Sunday Walk for Refugees my first response was to ignore it. This was partly ego and partly disillusionment. It's true that in Melbourne at least 6000 people walked or struggled or strode along Spencer Street. But I no longer believe marches for huge national issues have any effect on local powerbrokers. I believe as Saul Alinsky said that the most powerful force for change is local activism on local issues and generational organisation from the grass roots up.
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.
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.
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.
A perception of Muslims as 'savage' and antithetical to peace accounts for incidents where overtly racist people can rejoice easily at the loss of human life, to little negative reaction. When a person is deemed unworthy or bereft of humanity, their death becomes gruesomely welcome. While Islamophobia itself does not define racism, Muslim people exemplify ideas of a cardinal threat against the Anglocentric West, which laterally affects how brown non-Muslim minority groups are treated.
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.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
Although they can be inconvenient, human rights matter. It is important for nations to recognise them and for citizens to defend them. The survivors of the Second World War who had seen the gross violations of human rights under both Nazi and Communist regimes clearly saw this. These states regarded human rights as a privilege that they could give and take away as they chose. History spells out in the alphabet of gas chambers and gulags what that attitude meant for their subjects.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
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