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Tony Abbott did not mention the term 'human rights' in his 3000 word speech to the Institute of Public Affairs on Friday. 'Illegal' appeared 11 times and 'asylum' once. In February, Antonio Guterres, the UN High Commissioner for Refugees gave a 3000 word speech to the Lowy Institute. A search of that speech finds 'human rights' five times, 'asylum' 21 times and no use of 'illegal'.
Australia's refugee processing regime saw two major reforms take effect on Saturday. They bring Australia into line with the EU, Canada and New Zealand. The changes are welcome but do not go far enough.
A large segment of Malaysian society and the government in particular is clearly xenophobic. Yet Malaysia has thrown its arms wide open to asylum seekers heading to Australia. What is the motivation underlying Malaysia's sudden love affair with refugee swap deals?
The Malaysia solution has hit a snag called the High Court of Australia. The Government is now in very stormy waters, because the rule of law and the separation of powers do not readily yield to the sound bites of populist sentiment and the fear tactics of politicians. Published 8 August 2011
Last week there were three significant events affecting refugees including, tragically, more deaths. The use of language in the debate about asylum seekers is always striking, and has evolved and adapted over the years. It does not always reflect reality.
The Gillard cabinet leaks are a sure sign of government instability. The worst aspect of the leaks is the likelihood that they are the product not just of understandable policy differences, but of leadership destabilisation.
No matter how the Government paints the canvas, it can never be in the best interests of an unaccompanied minor who is a refugee to be removed from Australia to Malaysia. And if such kids are irremovable, they will continue to arrive in Australia by boat.
The stories of Jesus' trial highlight the triumph of expediency over legality and morality. The Malaysia solution and the scramble to restore it contains detailed similarities. The people of the time are now remembered principally for their participation in an act of bastardry.
By pursuing the refugee swap deal with Malaysia, Australia may be in breach of one of the most serious prohibitions in international law. This raises the question of what Australia's attitude is to other fundamenal norms of international law. This question goes well beyond issues of refugee protection.
This week as we mark the 10th anniversary of Tampa, the High Court is hearing a legal challenge to the Malaysian solution and an inquiry into suicide and self-harm in detention is underway. Meanwhile a new report hopes to change the direction of the debate on refugees.
Suppose that in France under Hitler's occupation, a bloodied man arrived at our doorstep asking for shelter from a Nazi mob. The claim made by the presence of the endangered and injured man would precede questions of fairness and relative need.
In this debate, moral passion is common, especially among those who cast themselves as refugee advocates. But moral passion should not be confused with moral superiority. Any claim to occupy the moral high ground in this complex area of public policy is at best brave and at worst self-serving.
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