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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.
The Malaysian solution is unprincipled, but it might just work — stopping the boats. If other countries try to replicate it, we will have to tear up the Refugee Convention and start again. And the plight of unaccompanied minors transported from our shores to Malaysia will be on our conscience.
An old legal maxim is 'hard cases make bad law'. Maybe complex cases compromise policy. Refugee law and policy is complex and the Malaysian agreement signed this week is another example of a compromise on human rights principles for political expedience.
This is not a regional solution to a regional problem, but a bilateral attempt at solving an Australian problem. To stop the boats, one needs to engage in measures contrary to the Refugee Convention. Church groups can not endorse something they know to be either unworkable or immoral.
When I appeared on Q&A with Christopher Hitchens, a young man asked whether we can 'ever hope to live in a truly secular society' while the religious continue to 'affect political discourse and decision making' on euthanasia, same-sex unions and abortion. Hitchens was simpaticao. I was dumbstruck.
Even if the Malaysian government guaranteed the security, sustenance and education of the asylum seekers, the human dignity of those found to be refugees would still be significantly infringed. They would be unable to enter Malaysian society equally, and they have no possibility of prompt acceptance into another society.
The Rudd Government promised positive reforms after a decade of 'boat people'-bashing from the previous government. Three years later, we are back where we were. To understand how this happened it is helpful to overview the changes under Labor and the gradual decline in 'key immigration values'.
Whatever his failings, former Victorian Police Chief Commissioner Simon Overland was a patently good man. His resignation followed a disedifying and concerted campaign against him by media groups, the police union, some of his colleagues and many politicians. It is hard to see any good coming out of this affair.
Woomera, 2001. It's late, and we've been working for days. I give the detainees' children highlighters to draw with; unknown to me, one of them draws on the office wall. The next day an officer from the camp accosts me. 'This is damaging government property. Someone will have to pay for it.'
Labor has gone beyond the worst features of the Howard Government by betraying the central principle underlying any ethical refugee policy. One can only imagine what the Coalition Government that will most likely follow the next election will build on this abrogation of principle.
Just as it should be the role of lawyers and refugee advocates to analyse the disadvantages and possible unlawful elements of this announcement, we must also consider the opportunities. The Malaysian agreement may also deliver good news for some asylum seekers and the refugee sector.
Anne Frank described a refugee as a parcel that is sent from post office to post office. The 'Malaysian solution' is like solving the problem of overloaded post offices by sending incoming parcels straight to the shredder.
25-36 out of 38 results.