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Labor has built a small poll lead over the Coalition as led by the eminently more marketable Malcolm Turnbull, and in this case the commentariat are willing to give Shorten and Labor the credit. They're the ones controlling the policy conversation and setting the agenda, and it feels like the government are just responding in turn. Who is this Bill Shorten? This is someone who even a few months ago would be largely inconceivable in the top job, but now seems at the very least plausible.
'Being in the middle of an election campaign, I will not be making any partisan party political points. However being here in the bellwether seat of Eden-Monaro, I will conclude with a critique of both major political parties, and with one piece of political advice for citizens of goodwill seeking a national asylum policy more in harmony with the ideals set out by our bishops in their social justice statement.' Yass Catholic Parish Potluck Dinner, 28 May 2016
With PNG's Supreme Court finding last month that the detention of asylum seekers on Manus Island was unconstitutional, the shamefulness of Australia's border protection policies was once again laid bare. Advocates will be familiar with the facts and arguments that Chasing Asylum articulates. What sets it apart is its wealth of hidden camera footage caught within the grim confines of the centre on Nauru, and Orner's conversations with detainees and social workers who bore witness to the dire daily reality there.
I have often wondered at the likely success of entreaties to compassion for asylum seekers. This is not because I do not personally feel compassion for these people. And it is not because I do not believe that it is morally correct to show compassion, including through government policy. Rather my response is partly a factor of my training as a lawyer. Through my legal eyes, I can see little hope for appeals to politicians to show compassion. My conditioned response instead is to appeal to law.
This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.
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.
Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.
The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.
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.
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