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'I want to outline the contours for a better approach — better than forcibly turning around boats, better than transporting people to Nauru and Manus Island or to Malaysia to join an asylum queue of 100,000 or permitting people to reside in the Australian community but without work rights and with inadequate welfare provision.' Frank Brennan speaks at the Australian Catholic University National Asylum Summit 2013.
While the Government deserves some credit for its decision to transfer pregnant women from the PNG detention centre to Australia, and for refraining from sending children under the age of seven to the facility, the fact remains that it has embraced and entrenched many of the Coalition cruelties that in 2007 it promised to end.
On Saturday Scott Morrison's border asylum meter registered the arrival of the 150th boat since Julia Gillard's announcement of the Pacific Solution Mark II in August. If the 'no advantage' principle is coherent and workable, the Expert Panel on Asylum Seekers and Gillard have very different understandings of its operation.
'Even without the political static which is drowning us all out down there in Canberra, there is real doubt whether the Gillard bluff 'Don't get on a boat because you might end up in Nauru' can do what the Howard bluff could not deliver.' Full text from Fr Frank Brennan SJ's Law and Justice Oration at the Law and Justice Foundation 2012 Justice Awards Dinner, Parliament House, Sydney.
In politics, hypocrisy is a natural condition. On Tuesday, it became evident that refugee policy is the last thing that should be made by the Australian government. Gillard has now achieved something Howard could only dream of, and shown Labor can play the game of hypocrisy as well as any.
Full text from Fr Frank Brennan SJ's address 'Advancing human rights in Australia — lessons from the National Human Rights Consultation' at the 'Human Rights Matters!' conference marking Anti-Poverty Week 2012. 17 October 2012, Cardinal Knox Centre, St Patricks Cathedral, Melbourne.
In the lead up to the election, Tony Abbott and Scott Morrison are sure to continue insisting that the Gillard Government's Pacific Solution Mark II will not work. In all probability this will undermine the efficacy of the Gillard Solution in stopping the boats. Read the full text of Fr Frank Brennan's address to the Migration Institute of Australia, Menzies Hotel, Sydney, 14 September 2012
Looking at a map of the Australian coastline gives no clue about how far Australia's territorial claims extend. As a result, Australian policy makers aren't eager to embrace suggestions that Asian countries disputing possession of small islands and rocky outcrops should resolve their differences by assigning ownership to the closest country.
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.
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.
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.
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