On Anzac Day

By Maria Millers For many the long-stablished story of the Gallipoli landings and…

Media statement: update on removal of extreme violent…

By a spokesperson for the eSafety Commissioner: Yesterday the Federal Court granted…

Why I'm Confused By Peter Dutton And Other…

I just realised that the title could be a little ambiguous. It…

Not in my name

By Roger Chao Not in my name In this quiet hour, I summon words,…

Censorship Wars: Elon Musk, Safety Commissioners and Violent…

The attitudes down under towards social media have turned barmy. While there…

Political Futures: Prepare for the Onslaught from Professionalized…

By Denis Bright Australia is quite vulnerable to political instability associated with future…

Jake's First Ride West

By James Moore "We need the tonic of wildness. At the same time…

The ALP - Arguing for a Minimum Program

The ALP has long been characterised by internal ideological divisions between self-identifying…

«
»
Facebook

Tag Archives: asylum seeker policy

Bill Shorten’s Address at ALP National Conference on Asylum Seeker Policy – Key points

Below is the video of Bill Shorten’s address at the Labor Conference, regarding Asylum Seeker and immigration policies. Key points from the address are listed below:

Key Points:

  • Immigration has been one of the secrets of Australia’s success.
  • Shorten believes in a new direction for Australia’s immigration policies
  • Accept more refugees and ensure we treat refugees more humanely
  • Shorten guarantees to keep closed the lethal journey between Java and Christmas Island, which claims lives.
  • Australia can be the greater, kinder nation, we want our children to see.
  • A Labor Govt will keep more people safe in a more humane way
    • Safe from persecution by dictatorial regimes
    • Safe from the exploitation of criminal people smugglers who prey upon the vulnerable.
    • Safe from abuse in facilities which even fail to meet the basic standard of decency
    • Safe from losing people they love from having families torn apart from drownings at sea
  • In addressing this, unlike the Liberal National Coalition, we do not play to the politics of fear
  • Labor will never use labels to denigrate desperate people
  • Fleeing persecution is not a crime
  • We will not pander to a noisy tiny minority who will never embrace multi-cultural Australia
  • Shorten acknowledges the history of Asylum seeker policy
  • We must ensure Navy, customs officials and border force people never again pull bodies from waters
  • We must maintain regional settlement agreements Labor introduced. Safest deterrent to people smugglers
  • Under Labor’s policies people smugglers cannot falsely advertise settlement in Australia
  • There are now over 60 million displaced people in the world through no fault of their own and this will only increase
  • Risking lives in unsafe vessels will only increase and desperation will become more intense.
  • We should never tolerate the exploitation of vulnerable people.
  • We cannot allow people smugglers to take advantage of perceived weakness.
  • We need to ensure people smugglers cannot traffic vulnerable people.
  • We need to ensure Australia provides safe haven to a greater share of refugees
  • Displaced people will arrive here more safely.
  • We must have the option of turning boats around provided it is safe to do so.
  • By 2025, a Labor Govt will double Australia’s annual refugee intake to 27,000 people.
  • Labor will dedicate a portion of our program to resettling refugees from our region.
  • Labor will abolish temporary protection visas
  • Labor will reinstate the United Nations Refugee Convention in the Migration Act.
  • Labor will reverse the Abbott Govt’s retrograde efforts to undermine international law
  • Labor will deliver historic 450 million dollars to the United Nations High Commissioner for refugees
  • Labor will take up overdue leadership role to work and engage with our neighbours, including Indonesia
  • Labor supports regional processing.
  • Processing offshore does not mean we can offshore or outsource our humanity
  • Vulnerable people should never be subject to degrading violence in Australia’s name.
  • To guarantee safety Labor will implement Independent oversight of every Australian funded facility
  • Labor will ensure refugee claims are processed as quickly as possible.
  • Labor will restore access to the refugee review tribunal
  • Labor will ensure increased transparency for processing times.
  • Labor will fulfil the solemn duty we owe to children.
  • Labor will end the moral shame of children in detention as quickly as possible.
  • Labor will establish an Independent Children’s Advocate
  • Independent Children’s advocate will be separate from Department, Minister & Government, serving only the interests of children.
  • In addition to Whistle Blower safeguards, Labor will legislate to impose mandatory reporting of any child abuse in all facilities.
  • Labor’s plan ensures Australia takes a fair share of refugees
  • Labor’s plan ensures refugees in our care are treated with humanity and dignity
  • Labor’s plan ensures that Australia steps up and fulfils a greater responsibility as a global citizen
  • Shorten says he did not enter politics to shirk hard decisions and hard issues
  • Shorten is determined for our country to be responsible in the world and secure at home
  • Shorten is determined for us to be a welcoming, kind, compassionate and safe destination
  • Shorten is determined Labor will achieve this for Australia.

*Video sourced from Bill Shorten’s Facebook page.

Originally published on Polyfeministix

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

Labor’s Asylum Seeker Policy Should Be A Seven Point Star!

“I’m not in favour of changing the flag, I’ve got to say. Although I have to say that if the Commonwealth star was to be a 7-pointed star rather than a 6-pointed star, that’s hardly a massive change. I would say that that is an evolution rather than a revolution.”

Tony Abbott on the Northern Territory becoming a state.

OK, as I’m sure most of you know – and if you didn’t it’s probably been pointed out by several of those lefties who just pounce on every mistake that Tony makes – our flag already has a seven point star. Honestly, you’d think that people had better things to do than laugh at the Liberals every time one of them puts their foot in their mouth, then shoots themselves in the foot, luckily missing their brain. At the very least, you would have thought that those commenting on Tony’s mistakes would have given up through sheer exhaustion.

Personally, I think that there’s something in Tony’s “star” comment for Labor. They need to stop presenting alternatives and just argue that what they’re doing is hardly a radical change. After all, Tony Abbott is so unpopular – thanks to all those who laugh at him just because he’s reality challenged – that if the Labor Party can just keep Bill Shorten out of sight apart from when he makes an announcement like a fifty percent renewable target, they should romp in the next election by about thirty seats.

In practice, this would mean instead of talking about an emissions trading scheme, which the Liberals would argue is a carbon tax by another name, Labor should just announce that it’s increasing the GST, but only on carbon, which is really “an evolution rather than a revolution” and don’t we already have a GST, which John Howard said was his star achievement, apart from his daughter marrying his doppelganger? So it’s hardly a “big new tax” it’s just an extra point on the star of the GST.

As for as an asylum seeker policy goes, well, rather than having a big public argument, Labor should just announce that they’ll be doing all they can to stop boats arriving and people drowning at sea, and when asked whether that includes boat turn-backs, the response should simply be: “It’s been a long-standing bipartisan policy not to comment on operation matters.” Then, when in government, they could do what they like with boat arrivals. Turn them back, send them to Malaysia, create a regional processing centre for new arrivals in some undisclosed location, give them all helicopter rides back and forth to Geelong, whatever. They simply needn’t tell us!

If pressed while still in Opposition, Labor could simply say that they’re refering all comment about “on-water matters” to the weekly press conference held by Scott Morrison to keep us informed. If a member of the press should dare to point out that Scott Morrison stopped holding weekly press conferences shortly after telling everybody that he’d only be making comments at his weekly press conference, and, besides, Morrison is no longer Minister for Immigration, Labor’d have the option of asking, “Are you suggesting that’s why that boat penetrated our immigration zone – because Dutton’s not up to the job?” Again, after the winning the election, when Dutton’s no longer Immigration Minister, they could suggest that it’s not policy to comment on who is, or who isn’t Immigration Minister as it’s an operational matter and revealing such information could be an even bigger help to people smugglers than paying them to not pollute.

Oh wait, that’s the Climate Change Directionless Act policy that the Liberals had; not the pay people smugglers to take the boats back policy which they may – or may not – have had…

Anyway, my advice to Labor is to adopt the seven point star strategy, and now that the Clifton Hill branch has taken my advice by asking Bronwyn Bishop to speak*, I’m hoping to be taken on as a paid strategist. Or at the very least, the Liberals could adopt their Direct Action Strategy and pay me to stop writing.

Yes, like Tony, sometimes I just don’t see the point!

*The other day I wrote:

Mm, I wonder if she’d be prepared to go and speak at a Labor Party fundraiser if she were asked. After all, she is meant to be non-partisan and she did say that she went to Geelong in her capacity as speaker. There ya go, Bill. Don’t move a motion of no confidence. Issue her with an invitation… See if that gets you thrown out of Parliament; I’m sure that she’s trying reach 400 Labor ejections before September.

Yes, while it’s only the Clifton Hill Branch that seems to have taken up my suggestion, I feel that Bishop’s office should be flooded with requests for her to speak at fundraisers, just to give her the chance to show that she certainly wasn’t playing favourites by only speaking a Liberal functions.

 

Immigration Detention: try living with the life changing effects

So many experts have warned the government about the effects of detention on asylum seekers. The experts have been publicly denouncing detention for years, yet we detain more and more people. Most sadly, we detain children, a situation the Human Rights Commission has reported on, in graphic and disturbing detail, this week in The Forgotten Children.

Here we are in 2015, incarcerating innocent children in conditions worse than those in which we jail convicted criminals. Julie Bishop cries tears of pain over the looming deaths of two convicted drug smugglers, yet Tony Abbott’s response when asked if he felt any guilt over the treatment of children in detention was “None whatsoever”. While I do not agree with the death penalty and I feel for the drug smugglers and their families at this tragic time, the contradiction evident in the two responses is nothing short of astonishing.

I left my country because there was a war and I wanted freedom. I left my country. I came to have a better future, not to sit in a prison. If I remain in this prison, I will not have a good future. I came to become a good man in the future to help poor people … I am tired of life. I cannot wait much longer. What will happen to us? What are we guilty of? What have we done to be imprisoned?87 I’m just a kid, I haven’t done anything wrong. They are putting me in a jail. We can’t talk with Australian people.

(13-year-old child, Blaydin Detention Centre, Darwin, 12 April 2014)

Source: The Forgotten Children

Abbott launched a scathing attack on Gillian Triggs, Human Rights Commission President and it was reported today the government has sought her removal prior to the release of the report.

The Abbott government sought the resignation of the president of the Australian Human Rights Commission Gillian Triggs two weeks before it launched an extraordinary attack on the commission over its report on children in immigration detention.

While The Forgotten Children report is about children, it is also about detention. The effects of detention don’t disappear the moment a detainee is released. The experts have warned of this for years and I know from personal experience this is true. There may be some particularly resilient individuals that are released unscathed, but I suggest the vast majority do not find recovery instant or easy. Sometimes the effects are not immediately apparent. Post Traumatic Stress Disorder (PTSD) often doesn’t appear until sometime later. A member of my family suffers PTSD as the result of a life experience totally unrelated to detention. The PTSD did not reach full expression until ten years after the event, although it could be argued with appropriate professional intervention her PTSD may have been detected earlier. There is considerable debate about delayed-onset PTSD and research continues: a good reference article is A Quarter of Cases of Posttraumatic Stress Disorder Is With Delayed Onset. The article discusses patients suffering “subthreshold” symptoms after the event but before full expression of the PTSD condition.

Of course PTSD is only one of the many mental health issues that can result from detention. Anxiety and depression are also common.

Not only are we risking the welfare of vulnerable children while in detention, we are risking their future welfare as well because there is a very high risk we are damaging the mental health of their parents (those children who are not unaccompanied minors). This means the parents will be less able to engage with their children as parents at a time when the child most needs their parents to support their recovery.

In 2012 Dr Belinda Liddell, as a Postdoctoral Research Fellow in the School of Psychology at UNSW, wrote of the impact of immigration policies on the mental health of asylum seekers. Since then our treatment of asylum seekers has worsened, not improved.

In Nauru, where more than 380 asylum seekers are currently being detained, there have been reports of hunger strikes, self-harm, aggression and suicide attempts.

Unfortunately this isn’t new – these signs of psychological distress have been repeatedly witnessed in Australia’s immigration detention centres since the early 1990s.

For several decades now, mental health professionals have documented the psychological health of asylum seekers within mandatory detention facilities. Findings from multiple studies provide clear evidence of deteriorating mental health as a result of indefinite detention, with profound long-term consequences even after community resettlement.

I note “profound long-term consequences“. So should our government. This report isn’t just about children. It is about whole families. This report isn’t just about the conditions in detention. It is about the future of the children, the future of the families. The long-term effects will be different for each person. Many may end up unable to be gainfully employed or to study to build a life after detention. Society will, as society often does in many situations such as rape and domestic violence, blame the victim rather than accept responsibility for allowing the detention in the first place.

Abbott and his ministry should be considering the lives of these people, not some “Stop the boats” slogan that is well past its use-by date. The government need to deliver the “good government” promised on Monday and act responsibly. Persecuting innocent people is not responsible. More importantly, it is not humane and is in contravention of Australia’s responsibilities under international law. It has life-long effects on the imprisoned, long after release.

Robyn Oyeniyi lives with the effects from detention on a daily basis. Robyn writes on Love versus Goliath.

Image by Jen Bethune.

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

The Ugly Australians

When one analyses the government’s general performance thus far, it is easy to form the impression that they are so focused on, and beating their chests about, stopping the boats, they haven’t noticed that the current polling puts them out of office in 2016.

A disturbing feature for the Coalition is that these polls override the government’s boats’ policy and renders its treatment of refugees irrelevant. Scott Morrison’s brutal statements via video which were produced as a deterrent for those in detention reflect not just his vicious and malevolent approach but reveal a dark and sinister government intent not just on stopping boats but also applying mental torture as well.

His refusal last week to confirm the presence of two boats allegedly containing 203 Tamils being intercepted by the Australian Customs is further evidence that he and the government have lost any sense of morality and think that stopping the boats is all they need to win the next election. How wrong these ugly Australians are.

In the video Morrison warns asylum seekers: “If you choose not to go home then you will spend a very, very long time here and so I urge you to think carefully about that decision and make a decision to get on with the rest of your life.” This is tough, uncompromising talk indeed and bullying by any other language.

When asked about the recent boat interceptions he said, “A boat hasn’t arrived — let’s be quite clear.” This approach by Morrison was utter arrogance to say the least. All subsequent attempts to seek answers from other members of the government were greeted with their robotic, pathetic mantra, ‘we don’t comment on operational and water matters.’

The arrogance of this minister is mind-boggling. Not only is the level of secrecy unprecedented since the Second World War, it is counter-productive. Well we remember John Howard’s 2004 election campaign slogan which began with, “Who do you trust….” Somehow that slogan must have helped him and the Coalition across the line then, but they wouldn’t want to try it today.

A recent Essential poll found that while the most trust we have today is with the High Court of Australia followed closely by the ABC, the level of trust we have for political parties is at the bottom of the survey at only 2%. And that is precisely where they deserve to be. Labor, despite their appalling coalescence with the current boats policy, were at least upfront with what was happening with boat arrivals and reported it regularly. Such trust and honesty toward the Australian electorate did not work to their advantage. That, sadly, says more about the duplicity and collective ignominy of the electorate than it does about Labor’s honesty.

But now, Scott Morrison has finally released at least part of the story about the boats’ interception and one suspects he will be beating his chest with delight. We can only hope his actions in this matter and that of this government will come back to haunt them both.

We can only hope there will be international repercussions over this unprecedented abuse of human rights. Tony Abbott’s much repeated claim that the government has always acted in a manner consistent with its international obligations is no longer trustworthy and masks a dark victory reminiscent of John Howard’s Tampa.

Abbott must be feeling very smug. His three word election slogans have prevailed. That, of course, is no comfort to the 41 asylum seekers returned to Sri Lanka who will now, most likely, face arrest and charges for leaving Sri Lanka from other than an official port. And what of the remaining 153 who have remained on board Australian vessels? Will it be Nauru or Manus and another opportunity for Morrison to show his video?

At the time of writing, the High Court, that institution Australians trust above all else, has just granted an interim injunction preventing any further transfer of asylum seekers by Australian Customs. This ugly story is yet to play out.

No doubt Abbott’s 37 spin doctors employed to manage his media performances will feed the Murdoch press with all the misinformation they can tap out on their keyboards. We can only hope it won’t work.

When the real stories begin to emerge from Sri Lanka, as they no doubt will, can we also hope the collective conscience of the nation will be sufficiently stirred from its disgraceful ambivalence? Perhaps not.

We have to remember that Scott Morrison has 97 spin doctors and they also have Murdoch in their stable. So we can anticipate that, for the time being, with a hapless and complicit Labor and an ineffectual Greens and PUP, we will see continued human rights abuses. Doubtless the ABC, Fairfax and The Guardian will continue to investigate this outrageous act of moral bankruptcy but will anyone be willing to listen?

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

Tony Abbott’s only claim to fame: persecuting the utterly helpless

As far as I can tell, the Abbott government’s proudest achievement in its first one hundred days has been its ongoing persecution of asylum seekers arriving by boat. It has also been its most costly, and I refer you to this excellent ABC fact-checked site titled Operation Sovereign Borders: the first six months for a breakdown of the billions the government has committed to spending to maintain its “stop the boats” policy, and the mandatory detention of asylum seekers already apprehended.

What the government never admits is that “stopping the boats” is not something it can conceivably cease – as long as there are asylum seekers there will be attempts to access this country by boat. Surveillance, interception and transfer of asylum seekers to lifeboats (which we must keep on purchasing anew as we never get them back) has no foreseeable end. Stopping the boats arriving on Australian shores is an immensely costly business, and open-ended.

Some weeks ago, the Guardian revealed that the Department of Immigration and Border Protection had inadvertently released the personal details of one-third of asylum seekers currently in Australia, possibly putting them at great risk if they return or are returned to their countries of origin. The result of this data breach is that asylum seekers may now legally claim refugee status in Australia solely on the grounds of sur place.

Eighty-three asylum seekers detained at Villawood Detention Centre have launched this action, and the directions hearing challenging the government over the data breach is due to be heard on Friday.

The DIBP have advised the Villawood asylum seekers that they are to be transferred to the remote Curtin Detention Centre in Western Australia on Thursday, the day before their directional hearing.

Last week, Scott Morrison announced that all taxpayer-funded legal aid to asylum seekers who arrive by boat would be terminated. One of the consequences of this decision is that there are no longer any free telephone interpreter services available to boat arrivals. Plaintiffs transferred from Villawood to Curtin the day before the directional hearing of their claims, will be unable to freely access interpreters to communicate with their lawyers.

According to the UNHCR, asylum seekers are entitled to legal services and to deprive them of access is a denial of justice.

This is just one of the recent examples of the Abbott government’s unrelenting persecution of boat arrivals.

There is something monstrously pitiful about a government that has as its greatest achievement the persecution of a small group of utterly helpless people. Such persecution is the hallmark of the bully: attacking those who have no possible avenue of escape, or of fighting back, and then boasting of your achievement.

Abbott and Morrison continue to bring the full weight of their contemptible authority to bear on asylum seekers who arrive by boat, and no expense is spared in the scapegoating and persecution of this group of human beings.

You may not particularly care about asylum seekers and their fate. But every one of us should care a great deal about the characters of the men who govern us when their greatest satisfaction comes from persecuting and ultimately defeating, even to the death, a human group who are amongst the most vulnerable on earth. Such men are dangerous. Such men do not deserve to govern us. Such men will not stop at one group of human beings. When this group ceases to serve their purpose, they will seek out another, equally helpless, equally unable to fight back, because bullies can only feel good when they make others feel terribly bad.

Bullies and bigots. Australia, 2014.

This article was first posted on Jennifer’s blog “No Place For Sheep“.

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

I find it hard to believe that Tony Abbott simply does not know the law

For far too long Tony Abbott has said whatever he wants, whenever he wants, without a word of it being challenged.

The price on carbon became the “carbon tax”. It wasn’t a tax yet not only did his claim go unchallenged, but “carbon tax” slipped into the Australian vernacular. It is now used, widely and wrongly, to describe the price on carbon. The Home Insulation Program (the HIP) was a very successful program. Yet any discussion on it sees HIP prefixed with the word “failed”. Now who thought of that one? The Gillard minority Government was a successful government who passed how many pieces of legislation? Yet, thanks to Tony Abbott’s continual emphasis on the word “dysfunctional” in any reference to them, that’s the word frequently but wrongly used to describe it.

The biggest offender is the mainstream media who are happy to repeat the lie. “Carbon tax”, “the failed HIP” and “the dysfunctional Gillard Government” are three of their favourite phrases, one would think.

Repeating a lie is one thing. Failing to challenge it is another.

Have you noticed, incidentally, that no-one in the mainstream media challenges Tony Abbott on his repeated claims that asylum seekers arriving by boat (or attempting to arrive) are doing so illegally or attempting to break the law? They just keep assuming that he’s right (or know that he’s wrong and continue to let him repeat it ad nauseum).

Many people must really begin to wonder if it is true or not.

Well it is not.

A couple of days ago the ABC Fact Check team published an article confirming that it isn’t illegal, though they were somewhat soft on the prime minister with their title “Tony Abbott incorrect on asylum seekers breaking Australian law“. I think “lie” would be more to the point than “incorrect”. I find it hard to believe that Tony Abbott does not know the law.

In the two days since the article was published it has managed to marvelously escape the attention of the mainstream media. Perhaps they would prefer to ignore it, and why shouldn’t they? It does, after all, provide evidence that Tony Abbott has been repeating a lie – the one they seem happy to keep repeating for him.

So once again it is up to the independent media to repeat the truth. You can access the truth via the above link, or read on:

Prime Minister Tony Abbott has tried to discredit a group of asylum seekers who allege they were mistreated by the Royal Australian Navy, by claiming they were attempting to break Australian law.

Footage obtained by the ABC shows several asylum seekers – who Indonesian police say were on a vessel forced back by the Australian Navy on January 6 – being medically assessed for burns on their hands. The asylum seekers say they were burnt and kicked when the Australian Navy forced them to touch part of their boat’s engine.

The Government has denied the allegations and defended the professionalism of the Navy, with Mr Abbott asking the question: “Do you believe Australian naval personnel or do you believe people who are attempting to break Australian law? I trust Australia’s naval personnel,” he said.

Is Mr Abbott right to say asylum seekers who make the journey to Australia are attempting to break Australian law?

Last year ABC Fact Check looked at the legal position of asylum seekers arriving in Australia.

Immigration Minister Scott Morrison was found to be correct when he described people who come without a valid visa as having “illegally” entered Australia. However, Fact Check also found such people did not break any law.

While Mr Morrison used correct terminology, Mr Abbott may have overstepped the mark.

Who is Mr Abbott talking about?

Fact Check contacted the Prime Minister’s office to clarify whether his comment related to asylum seekers or crew members. People smuggling is a criminal offence under Australian law.

No response was received by the time of publication. It is therefore necessary to take a look at the context of the remarks.

It is clear from the exchange during his press conference that Mr Abbott was referring to asylum seekers seeking to enter Australia by boat without a valid visa. He was asked about the ABC report, which referred only to allegations by asylum seekers.

PRIME MINISTER: Look, I think people making allegations should be able to produce some evidence. There is no evidence whatsoever to back them up.

QUESTION: The ABC claims they have – with that video and having spoken to them.

PRIME MINISTER: Well, as I said, who do you believe? Do you believe Australian naval personnel or do you believe people who are attempting to break Australian law? I trust Australia’s naval personnel.

What Australian law are they attempting to break?

Fact Check also asked the Prime Minister’s office what law he says these people were attempting to break. In the absence of any clarification or suggestion of any unrelated criminal acts by the asylum seekers, Fact Check takes him to mean that the people were attempting to break Australian migration law.

As noted in the earlier fact check relating to Mr Morrison’s comments, entry into Australia is governed by the Commonwealth Migration Act 1958.

While it is accurate to describe asylum seekers who enter Australia without a valid visa as “unlawful” or even “illegal entrants”, it is not a criminal offence to enter Australia without a visa. Calling someone “unlawful” or an “illegal entrant” is a description of how they entered the country and determines the way authorities process them. It does not mean they have broken any law. Arriving without a visa can only result in criminal sanctions if there is some other offence involved such as falsifying a passport or forging a document.

An asylum seeker who is simply a passenger on a people smuggling vessel does not commit an offence by paying a smuggler for their passage. Section 233D of the Migration Act makes it an offence for someone to provide “material support or resources to another person or an organisation” which helps the “conduct constituting the offence of people smuggling”. However, this section does not apply if the “conduct constituting the offence of people smuggling” relates to the person that was providing that support (i.e. if the support is given by the person being smuggled).

Professor Jane McAdam, director of the International Refugee and Migration Law Project at the University of New South Wales, told Fact Check Australia’s ratification of the 1951 UN Convention Relating to the Status of Refugees was also relevant to Mr Morrison’s comments.

“By ratifying the Refugee Convention, governments agree precisely not to treat asylum seekers as illegal,” Professor McAdam said.

In relation to Mr Abbott’s comments, immigration law expert Professor Andreas Schloenhardt of the University of Queensland law school told Fact Check that the last time it was a criminal offence to arrive in Australia without a visa was the 1970s. Doing so today “will not result in a criminal investigation, prosecution, or criminal punishment,” he said.

“‘Breaking the law’ is generally understood to mean committing a criminal offence; persons arriving in Australia irregularly, especially asylum seekers, do not do that.”

Professor Schloenhardt suggests that a more accurate description would have been “persons seeking to enter without complying with administrative rules relating to immigration”.

The verdict

Mr Abbott is incorrect when he says that the asylum seekers making allegations against the Royal Australian Navy were attempting to break Australian law. Australia recognises people’s right to seek asylum and entering Australia without a valid visa is not a criminal offence.

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

The kind, gentle, compassionate Scott Morrison

Though now leading the life of a self-proclaimed media recluse, our Minister for Immigration and Border Protection, Scott Morrison cannot remain hidden from the media headlines. And each headline leads to an article that reveals Mr Morrison – thanks to his attitude to and treatment of asylum seekers – as a person deprived of any sense of compassion.

But there was once a kind, gentle, compassionate Scott Morrison.

Some months ago I published (elsewhere) the article that appears below. Given the headlines that Mr Morrison is again making I take the liberty of offering it to our readers here. It is difficult to grasp either of the realisation that he was once a kind, gentle and compassionate person, or that if he was, how he could transform into one who appears a beast by comparison.

Anyone who listened to Scott Morrison’s maiden speech to Parliament in February 2008 would have been heartened that a man of such humility and humanity could one day be a political heavyweight in our country, especially of one who belonged to the Coalition. They had, after all, suffered a massive defeat at the hands of an electorate after twelve years of Howard’s mean spirited government.

After Howard’s demonisation of asylum seekers it was a breath of fresh air to hear someone new in the party speak of his love for all people and their right to share our country. One could have easily been lulled into believing this man could one day become the Minister for Immigration and through his beliefs restore Australia’s long-gone goodwill of fellow beings. Here are some extracts of his speech:

It is with humility and a deep sense of appreciation to the electors of Cook that I rise to make my maiden speech in this House. Today I wish to pay tribute to those who have been instrumental in my journey and to share the values and vision that I intend to bring to this House. I begin by acknowledging the first Australians, in particular the Gweigal people of the Dharawal nation of southern Sydney, who were the first to encounter Lieutenant James Cook, the namesake of my electorate, at Kurnell almost 240 years ago. I also commence by expressing my sincere appreciation to the people and families of the Sutherland shire in my electorate of Cook for placing their trust in me on this first occasion.

The shire community is a strong one. It is free of pretension and deeply proud of our nation’s heritage. Like most Australians, we are a community knit together by our shared commitment to family, hard work and generosity. We share a deep passion for our local natural environment and embrace what Teddy Roosevelt called the vigorous life, especially in sports. It is also a place where the indomitable entrepreneurial spirit of small business has flourished, particularly in recent years. In short, the shire is a great place to live and raise a family. As the federal member for Cook, I want to keep it that way by ensuring that Australia remains true to the values that have made our nation great and by keeping our economy strong so that families and small business can plan for their future with confidence.

We must also combat the negative influences on our young people that lead to depression, suicide, self-harm, abuse and antisocial behaviour that in turn threatens our community. We need to help our young people make positive choices for their lives and be there to help them get their lives back on track when they fall.

From my faith I derive the values of loving-kindness, justice and righteousness, to act with compassion and kindness, acknowledging our common humanity and to consider the welfare of others; to fight for a fair go for everyone to fulfil their human potential and to remove whatever unjust obstacles stand in their way, including diminishing their personal responsibility for their own wellbeing; and to do what is right, to respect the rule of law, the sanctity of human life and the moral integrity of marriage and the family. We must recognise an unchanging and absolute standard of what is good and what is evil.

Australia is a strong nation. It is the product of more than 200 years of sacrifice—most significantly by those who have served in our defence forces, both here and overseas, and by those who have fallen, particularly those who have fallen most recently, and to whom I express my profound gratitude. But a strong country is also one that is at peace with its past. I do not share the armband view of history, black or otherwise. I like my history in high-definition, widescreen, full, vibrant colour. There is no doubt that our Indigenous population has been devastated by the inevitable clash of cultures that came with the arrival of the modern world in 1770 at Kurnell in my electorate. This situation is not the result of any one act but of more than 200 years of shared ignorance, failed policies and failed communities. And we are not alone: our experience is shared by every other modern nation that began this way. There is much for us all to be sorry for. Sadly, those who will be most sorry are the children growing up in Indigenous communities today, whose life chances are significantly less than the rest of us.

We can choose to sit in judgement on previous generations, thinking we would have done it differently. But would we? Hindsight is a wonderful thing. Nor can we compare the world we live in today with the world that framed the policies of previous generations. So let us not judge. Rather, having apologised for our past—as I was proud to do in this place yesterday—let us foster a reconciliation where true forgiveness can emerge and we work together to remove the disadvantage of our Indigenous communities, not out of a sense of guilt or recompense for past failures but because it is the humane and right thing to do. Having said this, we cannot allow a national obsession with our past failures to overwhelm our national appetite for celebrating our modern stories of nationhood. We must celebrate our achievements and acknowledge our failures at least in equal measure. We should never feel the need to deny our past to embrace our future.

We are a prosperous people, but this prosperity is not solely for our own benefit; it comes with a responsibility to invest back into our communities. Our communities are held together by the selfless service of volunteers. We must work to value their service and encourage more of our community to join the volunteer ranks and assist local organisations engage and retain today’s volunteers, particularly from younger generations. We must also appreciate that our not-for-profit sector has the potential to play a far greater role in the delivery of community services than is currently recognised. As global citizens, we must also recognise that our freedom will always be diminished by the denial of those same freedoms elsewhere, whether in Australia or overseas.

We must engage as individuals and communities to confront these issues—not just as governments. We have all heard the call to make poverty history. Let us do this by first making poverty our own personal business.

The Howard government increased annual spending on foreign aid to $3.2 billion. The new government has committed to continue to increase this investment and I commend it for doing so. However, we still must go further. If we doubt the need, let us note that in 2007 the total world budget for global aid accounted for only one-third of basic global needs in areas such as education, general health, HIV-AIDS, water treatment and sanitation. This leaves a sizeable gap. The need is not diminishing, nor can our support. It is the Australian thing to do.

What a wonderful human being. One who recognised injustice to the first Australians; one who felt for those suffering overseas and one who believed in Australia’s ability to open up its arms to the underprivileged of the world.

What happened to him?

He isn’t behaving like the “man of such humility and humanity” that spoke to Parliament in February 2008. The new Scott Morrison seems as mean spirited as Howard himself. It’s hard to believe that the Scott Morrison of today is the same as the one of five and a half years ago.

He certainly appears to have lost that loving feeling.

As the ABC image from above unwittingly yet prophetically notes: maybe there is more to the story.

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Donate Button

You are a disgrace to our nation

I was appalled at the results of the recent poll reported in the Sydney Morning Herald that revealed, for whatever reason, most people want the Abbott Government to treat asylum seekers more harshly than the disgustingly inhumane levels they currently do. It was noted, disturbingly, that:

A strong majority of Australians, 60 per cent, also want the Abbott government to “increase the severity of the treatment of asylum seekers.”

It is obviously not good enough that the:

Manus Island’s detention centre has been described as cruel, inhuman, degrading and violating prohibitions against torture in a detailed report by Amnesty International.

The most extraordinary claim in Amnesty’s report is that drinking water in the largest compound . . . is limited to less than half a litre a day.

“A dozen bottles a day for nearly 500 men, according to the staff who supply them, or less than a single 500ml bottle per person, an amount that is clearly insufficient, especially given the heat and humidity.”

Or that an:

. . . independent body of psychiatrists, psychologists, GPs and other medical professionals and advocates gave advice to the government about the serious mental health impacts of offshore processing and long term detention.

The living conditions in the facility are hot, extremely cramped and poorly ventilated. There is no privacy. The conditions in one dormitory were so bad that Amnesty International considers the accommodation of asylum seekers there a violation of the prohibition on torture and other ill-treatment. “P Dorm” is a World War II building with a low, curved, metal roof. It sleeps 112 men on bunk beds arranged with no space between. There were no windows, and two standing fans. As a result, the smell is overwhelmingly bad and the heat is stifling. Asylum seekers reported finding snakes in the room and flooding when it rained.

As the week progressed, we witnessed a string of unnecessary humiliations.

The men spend several hours each day queuing for meals, toilets and showers in the tropical heat and pouring rain, with no shade or shelter. Staff refer to them by their boat ID, not their names. Almost all are denied shoes. Most have had their possessions confiscated by people smugglers or staff on Christmas Island.

Pointless advice, apparently, as sixty per cent still want the Abbott government to increase the severity of the treatment of asylum seekers.

I now have a message to that sixty per cent: You are a disgrace to our nation.

It is highly unlikely that any of that sixty per cent will read this post but I have the satisfaction of telling The AIMN’s readers what I think of those disgraceful human beings and I can only hope that my feelings are widely disseminated. I would like to hope that my feelings would not only be widely shared, but widely supported.

This message comes with the warning that course language will be frequently used. I won’t be holding back.

To that sixty percent:

You are disgusting pieces of low-life shit.

You’re no doubt mildly pleased that asylum seekers are forced to live under conditions condemned by Amnesty International but it still isn’t good enough. What would make you arseholes happy? No, on second thoughts, I’d dread to know what would really make you happy: I’d find it even more shameful to accept that we share the same nation and I can assure you that a high degree of shame already consumes me. And disgust. And anger.

What is truly disturbing, nay frightening, is that you possibly represent the views of the majority of Australians. Sixty per cent of them to be precise. That means we have a nation that is predominantly populated by the lowest common denominator when it comes to compassion for the plight of human misery. In other words, we are predominantly a nation of heartless, selfish, ignorant, racist bastards. And you sixty percent have proven to be heartless, selfish, ignorant, racist bastards because you want the Abbott government to increase the severity of the treatment of asylum seekers.

I have no idea why you are the way you are and I don’t know where you came from. I didn’t grow up in an Australia where heartless arseholes like you dominated the social landscape. What happened? Were you simply born a nasty piece of shit or was it external influences like the fear mongering mainstream media in this country that caters for your Neanderlithic intelligence. Or maybe you’ve believed the equally racist Abbott Government – don’t get me started on them or their resident Darth Vader, Scott Morrison – or that xenophobic freak John Howard. Or maybe you await your daily dose of instructions from that screaming idiot Alan Jones on how to run your life. Perhaps you were among the angry mass that came down from the trees pumping with racial hatred when Jones urged his listeners to:

“Come to Cronulla this weekend to take revenge. This Sunday every Aussie in the Shire get down to North Cronulla to support the Leb and wog bashing day . . . “

If any of those poor sods locked up in those filthy detention centres – you know, the ones that aren’t getting treated harshly enough – if they ever make it to this ugly country, what would you like done to them? I can’t imagine how horrific it might be, though I’m sure it’d be something ghoulish enough to satisfy your heartless souls.

As I said, you (and your ilk) are a disgrace to our nation. And what a crying shame that sadly, you are our nation.

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Donate Button

Rope A Dope – Is Rudd Ali to Abbott’s Foreman?

Briefly, a recap on history. Muhammad Ali was almost invincible, but he was stripped of his medal for his refusal to be conscripted into the army. He fought the decision in the courts, and – after four years – was allowed to return to the ring. The time out of the ring meant that he was past his peak, and after losing to Frazier, he eventually defeated George Foreman, regaining his heavyweight title. I won’t go through all the fights, but I want to briefly mention the “Rope-A-Dope”.

Ali taunted Foreman in the lead-up, and Foreman fought the first few rounds as though he wanted to hurt Ali. Boxing, I know, is like politics – you are meant to hurt your opponent – but this seemed personal. And for much of the fight, Ali looked beaten. He wasn’t laying a glove on his opponent and he was absorbing punches to his body, but protecting his head and face, which is the scoring area. I can’t remember if it was Round 7 or later, but Ali danced out and started to fight back. Foreman was exhausted from all the body punches. It took a few simple blows, but Foreman went down. Ali had won.

I can’t help but think about this fight in the context of the current political situation. Rudd has been resting; Abbott has been trying to knock out his opponent, but he hasn’t succeeded. Abbott may have appeared to be great while on the attack, but does he have a defence against a fresh opponent?

Yes, there are things that trouble me about Rudd – I do think that he is a “whatever it takes” sort of man – such men are dangerous. But in terms of just looking at the “match”, I feel that he is dancing round the ring while Abbott asks the referee to make him stand still. Rudd’s latest asylum seeker move is designed to appeal to a particular part of the electorate – which it will. It will, of course, annoy another part. But I suspect most of us who aren’t sure that PNG is the answer will feel that it’s Abbott who’s mainly responsible for the politicisation of the issue. Abbott’s response: It’s a good idea, but it won’t work because we’re not the ones doing it! … Strangely, I don’t see that as a vote-winner whatever you think of the issue. If you think that boats are a bigger threat to Australia than almost anything you can name, well, you probably already vote for Abbott. If you don’t, and feel that this is obscene, then Abbott hasn’t won your vote back from the Labor Party, and when allocating preferences you’ll hardly preference a Cory Bernardi type ahead of a Doug Cameron.

” Ali’s theme this fight was to hang a nickname on Frazier as he had done to many of his opponents throughout the years. The name he chose was “The Gorilla”, and he rhymed out the singsong chant “It will be a Killa and a Thrilla and a Chilla when I get The Gorilla in Manila.” while punching an action-figure sized gorilla doll. “

“Debate me,” taunts Kevin, “you’re the boxer.” Abbott insists that he won’t get in the ring with Kevin until an election is called. Perhaps, he’s worried. Or maybe he’s just saving his energy for the next round.

Will the election be called on Monday? Or is this part of the Rope-a-Dope? “Let’s keep Abbott punching to the body, wearing himself out, but doing no real damage.”

Whatever – Abbott looks tired and devoid of strategy. Rudd looks ready for the main bout!

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button

A Wicked Problem. A Wicked Solution?

When Kevin Rudd announced Labor’s new asylum seeker policy yesterday, my knee-jerk reaction was to be very concerned. Kevin Rudd and his Labor colleagues obviously desperately want to win the election, as I hope they do. But the last thing I want to see is Rudd winning by adopting Abbott’s right wing policies– that’s not the Labor Party way. And besides, what’s the point of campaigning against Abbott for the last three years, only to eventually give in and say ‘if you can’t beat them, you may as well become them’? However, knee-jerk reactions aside, after having some more time to think about this situation, I must admit I’m really not sure what to think. But what I would like is to at least be given the opportunity to discuss and debate policy changes, before having them written off by every left-winger I know, before joining protests and before wasting my vote by not voting for anyone.

When I first heard mention on Twitter that Rudd was going to get rid of the Carbon Price, I panicked. But then after realising he wasn’t actually emulating Abbott, and rather moving to an ETS a year sooner than we would have anyway, I understood it was actually a smart move. Taking ‘Axe the Tax’ away from Abbott has left him impotent. It has erased his one-dimensional stunt and smear campaign, and forced the media to take a least a cursory interest in his Direct Action alternative. This has to be a good thing. In an ideal world, the Carbon Price would have been accepted by the entire community as a cost we had to bear and polluters wouldn’t have pooled their resources to smash the Labor Party for bringing in this policy. However, we don’t live in an ideal world, far from it. And if the electorate is threatening to vote Labor out for introducing the Carbon Price, and all it takes to stop this happening is to change it to an ETS a year earlier than originally planned, isn’t this outcome better than handing power to Abbott and his wasteful, ineffective joke of a Direct Action policy? Might the ETS not even work better to reduce emissions? Pragmatism, I think it’s called. There’s no point being holier-than-thou in opposition when you can have the less-than-perfect, but better than the alternative, policy in government.

Bearing in mind that the whole idea of Kevin Rudd as Prime Minister has been a little difficult for me to stomach over the last few weeks, I am now looking at his asylum seeker policy change and wondering if he’s done something evil and unacceptable, or if he’s again being pragmatic in the very less than ideal world of an electorate who hate ‘boat people’. When you’ve got every news outlet in the country, including the ABC, reporting every single asylum seeker boat arrival like it’s an invasion by an alien species, it’s no wonder there are large portions of the Australian public who feel justified in their bigoted hatred of people arriving by boat. But the really difficult problem, which many seem desperate not to discuss, is that the political reality of the situation is thus: if the majority of the electorate is going to vote for the leader who promises to ‘stop the boats’, Abbott is going to win the election by promising to ‘stop the boats’. And however vile, illogical and racist this sentiment is, I haven’t seen anyone, Labor and Greens included, make any headway whatsoever in changing this attitude in the Australian community. Yes, we should be talking about these people’s individual stories and their terror and desperation in their decision to get on a boat. But while we fail to hear these stories, and while the electorate refuses to budge on this issue, the Labor party is left with a wicked problem. Pander to the voters by promising to also ‘stop the boats’. Or lose the election by leaving the policy as is. And let Abbott ‘stop the boats’ by turning them around, which everyone with any expertise knows is not a viable alternative and will not solve anything. Also, good luck getting Abbott to increase the intake of refugees. He’d slash it given the chance. No doubt even suggesting that Labor should ‘pander’ to the electorate is enough for me to lose very Greens Twitter follower I have, but I’m not apologising for supporting anything that keeps Abbott out of power.

So back to Labor’s asylum seeker PNG policy. Again, I haven’t totally decided how I feel about it, and I am not ready to jump to campaign against it, or to support it in full. But I do know that this is one policy area where many people seem to want it both ways. For instance, when the media reports the devastating news that asylum seekers have drowned on their journey to Australia, the government is blamed for these deaths. Because they didn’t ‘stop the boats’. But then when the government attempts to find a way to convince asylum seekers to stay where they are, to wait for resettlement, to not get on a boat, the very same people who are complaining about the dangers of coming by boat, are complaining about the policy alternative being cruel and inhumane. Let’s get something straight. Kevin Rudd can’t stop people who come by boat from drowning. If people choose to come by boat, a certain percentage of them will drown. This is tragic and unfair. But it is fact. This is why I am not afraid to say that I support stopping the boats. I don’t want to stop asylum seekers. I just want them not to get on a boat. In fact, if Rudd’s policy of sending asylum seekers to PNG does stop people coming to Australia by boat, won’t this policy also stop drownings?

And how about the people who have been stuck in Indonesian refugee camps indefinitely because they can’t afford to pay a people smuggler to bring them to Australia? Aren’t these people disadvantaged by their extreme poverty? If Australia agrees to provide a certain number of Humanitarian Visas each year, and the quota is filled by those asylum seekers who have survived the boat trip to Australia, what happens to the people who can’t afford to come by boat? I don’t think we talk about these forgotten people enough.

One part of Rudd’s PNG policy announcement which seems to have flown under the radar, in preference for outrage and condemnation from some politicians, their supporters and those speaking on their behalf in the media, is the promise to “consider progressively increasing our humanitarian intake towards 27,000 as recommended by the Houston panel.” I congratulate Rudd on this, and I hope that it is not just considered, but also implemented. As I said, I fully support Australia accepting more refugees. Full stop.

I guess where I’m feeling most confused is trying to reconcile my feelings about the policy, with the underlying dread that Rudd is just doing this to win votes. But then, isn’t beating Abbott, and stopping him turning back boats, a justifiable motive for doing whatever it takes to win the election? And is the PNG solution really as evil as many people are making out? I haven’t decided, but I appreciate the opportunity to think aloud, to analyse the situation before a knee-jerk reaction becomes my opinion. This is quite a foreign feeling for someone as opinionated as I am, but I’m learning to live with it.

 

Like what we do at The AIMN?

You’ll like it even more knowing that your donation will help us to keep up the good fight.

Chuck in a few bucks and see just how far it goes!

Your contribution to help with the running costs of this site will be gratefully accepted.

You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969

Donate Button