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We have adopted the dictum that our enemy's enemy is our friend. But the situation changes so rapidly on the ground, and working out who our 'allies' are is a very difficult and high risk activity. We are not even clear on the Rumsfeldian known unknowns, let alone the unknown unknowns.
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’.
We Australians confront none of the complexities of sharing a land border with a poor neighbour. Most Americans, I find, consider our policy morally repulsive and just stupid. They cannot believe that we routinely lock up children, that we recently held 157 people on a ship in the Indian Ocean for almost a month, and that we are now going to send up to 1000 asylum seekers to Cambodia.
While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?
In 2009 Cambodia enacted its own laws concerning refugees. If asylum seekers are found to be refugees they are given a prakas that allows them to stay legally in Cambodia but which is not accepted as a proof of identity by most employers, businesses and banks. The sense of insecurity of those seeking asylum is heightened by the memory of the 29 Uighur asylum seekers who in 1995 were deported from Cambodia to China at gun point.
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
In October 2013, Jesuit Fr Frans van der Lugt wrote about the suffering of the besieged people of Homs in Syria: 'Despite these difficulties, we keep grasping onto hope.' On 7 April 2014 he was executed outside his home. The rout of Iraqi forces in Mosul by the extremist Islamic State of Iraq and Levant must be a worry to the Iraqi authorities and the US and Western countries that have invested so much in the new post Saddam Iraq.
In the lead up to Refugee Week the attitudes of Australians to people who come by boat to seek protection made sober reading. 71 per cent of Australians believed Australia should turn back asylum seeker boats. That is far higher even than the Prime Minister's disapproval rating. Some might say that 71 per cent of Australians can't be wrong. At Eureka Street we have never been persuaded that majorities always have truth on their side.
It had been a long journey for the family gathered in the Cambodian office of Jesuit Refugee Service, but their search for a safe environment amidst people who would treat them kindly was not yet over. Genuine refugees set their compass for Australia expecting to find the democratic, resourceful and accountable country of which they have heard. The Coalition's reprehensible 'Cambodia solution' shows just how wrong they are.
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.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
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