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While we can shake our heads and laugh at last week's farce in Melbourne, we should be more concerned about the many ways this government is punishing refugees in the law, using language to demonise people and and setting up systems geared to rejecting applications. We don't need black uniforms and guns, or any form of militarisation and politicisation of Immigration.
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
Words like rorter, bludger and leaner only ever seem to apply to those who apply for welfare. A politician who draws down unreasonably on entitlements or a banker who earns stratospheric bonuses are seen as passive beneficiaries of the system. It seems the case that only those with power or capital are allowed to blame systems. The rest of us get to be individuals who make choices.
The politicians have an excuse: they have vested interests. But what about the rest of us? Has the rape and torture of asylum seekers, many of them children, in institutions established at the behest of Canberra, become so commonplace that it no longer shocks? It's not that empathy is an emotion particularly lacking in Australia. But there remains a disconnect between 'us' and asylum seekers.
When refugee advocates criticise harsh policies such as boat turnbacks, they are confronted with claims that the measures are necessary for saving lives at sea. This justification has dominated the debate to the extent that any policy which further restricts refugee rights becomes justifiable on this ground. Imagine a proposal to ban cars because there were too many people killed and injured on the roads.
On July 1 the Australian Border Force Act 2015 became law. Detention centre staff are now forbidden to speak about human rights abuses, with a two year jail penalty applying. It is perhaps appropriate to recall the secrecy of the security apparatus of Stalinist Russia, Apartheid South Africa, and Chile and Argentina under the Generals, where victims were denigrated and information prevented from leaking out.
Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?
The week’s dreadful Rohingya asylum seeker tragedy prompted an eventual softened response from our neighbours, but not Australia. The current government’s record of stopping boat arrivals and deaths at sea stands in stark contrast to that of Labor during its period of office, when at least 1100 asylum seekers died at sea.
South Africa has again experienced the ravages of xenophobic violence. The official response reflects a fearful government that needs to resort populist scapegoating that stigmatises migrants. It has found itself incapable of creating the inclusive narrative that was evident 18 months ago when the country came together to mourn Nelson Mandela.
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
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.
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