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Since the drowning of around 800 people on 19 April, politicians in the UK, France, Italy and Denmark have been suggesting that the European Union adopt our hardline asylum policy. Prime Minister Tony Abbott has advised the EU that 'only way you can stop the deaths is in fact to stop the boats'. But last week, the EU denied it was in talks with Australia, saying 'the Australian model can never be a model for us'.
As next week's 40th anniversary of the Fall of Saigon approaches, the Australian Government has found its own egregious way to commemorate the anniversary. On Friday, the West Australian reported that HMAS Choules was standing off the Vietnamese coast, in an operation to hand back to Vietnam a group of almost 50 asylum seekers. So soon after Malcolm Fraser's passing.
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
Sri Lanka's new Prime Minister Ranil Wickremesinghe has claimed Australia's silence on the country's appalling human rights record was the price for its government taking extra measures to prevent people fleeing the country and arriving in Australia on boats seeking asylum. This is a problem on many levels, including our government's seeking to remove human rights issues by reframing them as national security ones.
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.
The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.
Israel is one of the world's developed countries that is attempting to deter asylum seekers from accessing the protection that international refugee law entitles them to. Yet Israel is a state with refugeehood in its roots. Israeli refugee advocates have encouraged a change of policy on the basis of Jewish exile in Egypt as recorded in the Torah.
I recently received a letter for Ali in which he was referred to only by his boat number and the term 'illegal maritime arrival (IMA)'. He was worn down by the long process of winning his case and being accepted as a refugee. His self-esteem was destroyed by a long period in immigration detention. His identity is now also gone.
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
The Government's vilification of people arriving by boat has reached the level where the term 'illegal' features in the Budget documents. Immigration Minister Morrison has insisted on referring to people arriving by boat as 'illegals' for some years, despite the Migration Act using the less pejorative term 'unlawful non-citizen'. This is not just a lawyer's linguistic debate; if it were not important, the Government would not insist on the term.
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