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His proposed amendment to the Migration Act is designed to remove the peg on which the High Court hung the Malaysia solution out to dry. It is a convoluted means for allowing the executive government to declare an offshore processing country without meaningful scrutiny by Parliament or the High Court.
Reports into the death of a 28-year-old Afghan asylum seeker inside an Indonesian detention centre reveal he was bound, burned with cigarettes and beaten to death with a blunt object. The Australian Government and the Coalition must accept some responsibility for the death.
Burma has embarked on a series of reforms that have altered its pariah status. But Burma's icon of democracy, Aung San Suu Kyi, does not fully represent all Burmese, and there are vast problems that must be addressed before sanctions are fully lifted.
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?
In the last ten years the world of the refugee has rapidly shifted. The refugee camp is now the exception rather than the rule: 58 per cent of all refugees reside in urban areas, mostly in the rapidly growing slums of the cities in the global south.
In his book They Thought They Were Free, Milton Mayor writes of 'the slow lobster boil of erosion of freedom' in Nazi Germany. As a daughter of Jewish refugees I know what this entails. The same process confronts asylum seekers today if we do not begin from a presumption of rights and humanity.
Of course we want people to stop making the hazardous boat journey to Christmas Island, but tow-backs and off-shore processing are immoral and stupid. Australia must engage with others in the region to find ways to ensure people are not driven to make desperate journeys.
Jimmy was among the quietest of the refugee students we taught. He is now a leader with a 'backpack' medical organisation whose members take medicines into the areas where 'internally displaced persons' are found. He risks his life every day since the jungle is awash with Burmese soldiers.
It is only because we are an island nation continent that we can entertain the absurd notion of sealing our borders from refugee flows. We must remain committed to resettling bona fide refugees who reach our shores regardless of any regional solutions we put in place to deter them.
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.
Julia Gillard asked her advisers to design a system not for offshore processing but for offshore dumping. If John Howard had tried this in 2001, Labor would have gone ballistic. The advice of Gillard's intermittently trusted advisers is no longer worth the paper it is written on.
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.
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