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Tag Archives: Refugees

Some thoughts on compassion

Our fears towards asylum seekers are unfounded, but they are enough to sway elections writes Professor Emerita Marian Quartly.

Psychologists argue that the world is suffering from compassion fatigue – secondary traumatic stress caused by overexposure to suffering. That’s got to be a first world problem! The poor worked out long ago that compassion was an emotion enjoyed by the rich. Compassion for the sufferings of the poor allowed the rich to gain the kingdom of heaven by helping the deserving – just a bit – without doing anything about the cause of their problems. To do that would have meant stopping being rich. Compassion was a way of allaying the guilt and fear that went with unacknowledged power. What Gramschi called ‘false consciousness’. And it still is.

Let’s look at compassion and refugees. Let’s acknowledge first up that we have a huge problem world-wide: wherever the borders of a stable, prosperous nation state are accessible to people from failing states stricken by poverty and conflict. From Mexico to the Mediterranean. Everywhere poor and oppressed people are moved by hope, desperation and envy to try to share the privileges and liberty of the rich. Who respond with fear, anger, guilt and compassion. OK, compassion is a better response than fear and anger. But these emotions are all of the same cloth, they all work to hide a basic contradiction. Failing states – failing for whatever reason – cannot satisfy the hopes of their citizens. And stable states cannot open their borders to all comers without self-destructing. Without getting into the issue of how far the west is actively exploiting the east and the south and the middle, it is clear that compassion is again closely allied with guilt.

Let’s look at Australian compassion and the refugee problem. Hardly a numerical problem in world terms, but enough to sway elections. Enough to rouse passionate anger amongst those who feel that their hold on the good things of Australian life is too tenuous to share. And angry compassion amongst those who cannot bear to hear yet again about drownings at sea and riots at so-called detention centres.

The compassion that focuses on individual suffering is blind. Blind to the motives driving the refugees: pity makes victims out of women and men who are in their own terms heroes seizing every opportunity to shape their fate. Blind to the political, social and economic ills that make possible death at sea the best option. Blind to the other half of the contradiction: the good things about Australian life are only ours because they are defended by means that cause suffering to would-be Australian citizens. Means like turnback, detention, deaths at sea . . .

Compassion is clearly a better response than anger. But a clear-sighted compassion should recognise that the immediate problem of the people trade requires some form of deterrence, and the longterm problem requires action to improve the political, social and economic conditions that drive people to become refugees. Not to mention the need for regional action, additional support for UN action, and an increase in the Australian intake of refugees, however they come.

And what about the angry Australians who fear the competition of newcomers for those good things of life that are not fully theirs? Their fears are not unfounded. Australian schools, hospitals, roads, public transport – all these are overcrowded and underfunded, and the economically vulnerable are the first to feel the loss. Once again it appears that the poor are always with us. Once again compassion is the easiest option for the powerful.

 

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Refugees? Or Infrastructure?

The following is a guest post by the Alexandria ALP Branch.

There’s an anger in Western Sydney that could cost us the next election – “our schools, trains, roads, hospitals are full of refugees”.

We allowed and encouraged this anger to focus on how refugees can be stopped, a good Liberal issue. We ignored and continue to ignore the underlying issue of our schools, trains, roads, hospitals being full. We allowed a single Liberal issue to displace a suite of good Labor issues.

In 2010-11, a total of 4828 Humanitarian Program visas were given to onshore applicants, not all maritime arrivals. That number is from a total of 13,799 visas granted under the Humanitarian Program, itself a number out of a total of 158,943 new immigrants. Putting that number in wider perspective, new immigrants were part of a total population growth for 2012 of 394,200 people. Australia’s population is 22.32 million. Boat people are about 1-2 per cent of annual population growth which is about 1-2 per cent of our population.

In real terms, the nation is reducing government spending. You cannot have a decade and a half of income tax cuts without consequence. It has been a bipartisan squeeze. The squeeze hurts everyone who depends on public facilities and public services.

This is true not just in the western suburbs. There are stations in the inner city, near where I live, at which peak-hour trains are too full to board. We have kids commuting to nearby suburbs because the local schools are full. I don’t need to tell you what our roads are like. Here in the inner city we blame developers rather than refugees, but the anger is just as real. There’s a reason we’re nimbys. We’re being squeezed. Successive governments have contrived to squeeze public spending. Squeeze spending and you are squeezing the people. The people are the public. That understanding was basic to our civic culture. Used to be.

Here is the problem. Not the one that some people would like to have us believe, not that we have too many refugees, not that we have too many people. No, our problem is we do not have enough infrastructure per person. We are not investing in infrastructure. Cut taxes, you cease investing in infrastructure. That is the basic problem that this government denies.

The UN estimates that about 1% of ‘ irregular maritime’ travellers drown, and this may be an underestimate. Presumably, a similar percentage of turned-back boats sink. A person who chooses not to become a refugee will not die at sea, but they may instead die at the hands of their own government. The calculus is complicated, and we do not have enough information to be sure that turnbacks do more good than harm.

We do know that turnbacks are damaging our relationship with Indonesia, and we know that they are illegal. We also know that refugees, after balancing the risk of drowning against the risk of staying put, sometimes chose the risk of drowning. It is no surprise that, when assessed, almost all maritime refugee applicants are found to be ‘genuine’ refugees – no one takes lightly to these boats.

We don’t need to spend billions on concentration camps. We need to spend billions on rail lines and on schools and on hospitals and on roads. It is not going to be cheap. It is necessary.

Having an adequate revenue base to facilitate spending is a debate we need to have, a debate we will win. Despite our record in recent government, the electorate perceives us as weak on refugees and economic issues, but strong on health and education and public transport. Why then should we indulge the Liberals in a debate on the refugees when we could be having a debate on health and education and public transport?

This article was first published on the Alexandria ALP Branch site.

 

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Refugee Insanity: The Crippling Cost of Australia’s Cruelty…

There is no arguing, Australia’s policies for dealing with refugees cost us a fortune. Off shore detention costs about $3750 per day, per person. Disposable orange life boats cost us a fortune, (about $7.5 million). To put that in a budget context that’s over $3billion of savings we could make right now, and that’s before one even begins to calculate the resettlement costs promised to Papua New Guinea or Nauru for taking on our responsibility.

But for all the talk of the persecuted innocents incarcerated or tax dollars squandered, there is a cost to us, as Australians, that is rarely spoken of; the cost to our collective humanity. The stories a nation holds about its self are a powerful force. It’s how we define our identity; it’s who we are as a people; and like most stories, tales of national identity usually contain a small grain of truth, mixed with a hefty dose of myth, metaphor and allegory, all neatly tied together with a sparkly bow of pure fiction.

While most of our stories are rousing, feel good little fables like, “Aussies believe in a fair go”, “Australians are great sports”, or “Aussies are an honest, down to earth, no bullsh*t lot”; many of our more common, jingoistic spiels are notedly less charming, such as; “asylum seekers are criminals”, or “asylum seekers are queue jumpers”. (These examples come courtesy of google auto fill).

Asylum seekers

Very rarely do we question where these ditties actually come from; they seem to just mysteriously appear in zeitgeist as fully formed epithets of some larger, unassailable truth. Without a second thought we attach them to our national identity and begin repeating them amongst ourselves ad nauseam. And what’s more, we are very attached to our little yarns abo­ut who we are and how it is; in fact a quick glance through history would suggest that we humans can be willingly led to the depths of hell in defence of our precious national narratives.

But every now and again some nebulous, imperceptible thing shifts; a tipping point is reached, and even the most rigidly defended of our stories give way to a new paradigm. It’s as if the vast majority suddenly wake up one day to realise the world is not as they thought it was; and they are not who they thought they were. This is rarely a pleasant phenomenon; for most nations it is usually the crystallising realisation that they are, (as a nation), significantly less good and right than they thought they were. Admittedly this doesn’t happen often, (most countries would rather wage bloody wars of attrition than accept that they may be on the wrong side of a long held ideology), but when it does happen its effect on the national psyche can be both persistent and profound.

To me Germany is one the most fascinating examples of this. In the early 2000’s I spent a few months writing in Berlin, and was really struck by the enduring resonance of WW2, a war that had ended some 58 years earlier.

200px-kaiser-wilhelm-memorial-church-2006

While cities like London have long since cleansed all traces of the war from their streets, Berlin -with an unassuming humility- bares her scars for all to see. From the holocaust photos on the remnants of the wall to the bombed out remains of the Kaiser Wilhelm Church, from the Jewish war museum to the rebuilt synagogue of the infamous crystal nacht, from her ubiquitous machine gun scars to check point Charlie, Berlin – for all her art and culture- provides her citizens with a constant, sobering reminder of the darkest aspects of their human potential.

Even though most Germans today where not even alive at the time of the holocaust, the war seems to have infected their national narrative with such a deep and abiding shame, (and the subsequent need for redemption) that their national discourse still remains largely dominated by ethical and moral imperatives.

And then there’s the USA. It’s over one hundred and fifty years since slavery was popularly considered a good idea, and yet the American story remains blighted by its legacy. To this day the anguish of slavery stalks the American psyche like a cancerous shadow that can never be fully excised..

While many Australians feel personally distanced from the stain that is the Tasmanian genocide, or the stolen generation, (probably because the vast majority of us are not actually descended from those responsible); I sense that we, as a nation, are starting to wake up to the fact that we can not shield ourselves indefinitely from responsibility for what is happening to innocent, persecuted refugees on our watch.

Asylum-seekers-fenced-in-400x229

I feel the worm is starting to turn and it will not be long until we reach the tipping point. Our rhetoric is changing. Even the most fearful and ignorant among us are starting to realise that the callous disregard with which we treat our refugees is extracting a price so high that it can not be measured or quantified; a cost far more profound than dollars spent, or the blow to our international reputation, (although that is undoubtedly taking a pummelling).

As the government’s veil of secrecy is slowly being prized off we are now starting to hear of our wilful neglect of sick children, of babies kept in scorchingly hot dormitories with not even enough room to learn to crawl, of the removal of medicines, spectacles and hearing aids, the reports of rape, torture, piracy and imprisonment in inhumane conditions.

With the UNHCR up in arms over such barbarity – even China is waving a disproving finger at our flagrant disregard for human rights and international law – the reality of what we are doing is starting to feel deeply and profoundly wrong, even to the most ignorant and cruel among us.

922428-refugees

photo by daily telegraph. christmas island

Never in my life have I heard so many people declare that they are ASHAMED to be Australian, although this is hardly surprising. Given our current treatment of refugees there is no measure by which we can convincingly place ourselves on the right side of history/humanity, and deep down we all know it. People are waking up to the fact that we have, with our unbridled selfishness and cruelty, stabbed deeply at the heart of our nation; and in so doing we have inflicted a wound so egregious that our national sense of decency is now slowly bleeding out.

What both Abbott and Shorten fail to realise however, is that their current refugee policies are firmly aligned with yesterdays spin, a story born of Howard’s post 9/11 political opportunism, and supported, up until now, by fear mongering, ignorance and misinformation. But the tide is turning, today that story is vacillating, tomorrow it will be outright rejected for the shamefully barbaric atrocity that it is.

boat count

While I hold little hope that the coalition will shift on this issue, there is still time for Labor to cast a finger to the wind and feel the coming change in public sentiment. I for one hope that Labor can find the courage to come out swinging with a strong policy that favours decency, coupled with a powerful rhetoric that dispels the fear and economic irrationality that has surrounded the issue.

 

The facts about ‘boat people’ – The government and media are lying

“The facts about ‘boat people’ – The government and media are lying” is a title that perfectly sums up the emphasis in this guest post by Glenn Murray. This was first published on Glenn’s blog in October last year, but it is such a powerful exposé of the extent of the lies that we need to keep disseminating Glenn’s message. We would urge you all to share this widely. The lies can only be fully exposed if more people were aware of the truth.

Who are ‘boat people’?

‘Boat people’ are asylum seekers who arrive by boat, without a valid visa or any other appropriate authorisation. They’re seeking protection (asylum) because they fear persecution in/from the home country (torture, murder, illegal imprisonment, etc.).

Are ‘boat people’ doing something illegal?

No. Asylum seekers are NOT illegal. They’ve broken no laws at all. Under Article 14 of the 1948 Universal Declaration of Human Rights:

Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

The terms, ‘illegal immigrants’, ‘illegals’, etc., are completely incorrect.

The 2012 UNHCR Guidelines on Detention explain it in plain English:

“Every person has the right to seek and enjoy in other countries asylum from persecution, serious human rights violations and other serious harm. Seeking asylum is not, therefore, an unlawful act… In exercising the right to seek asylum, asylum-seekers are often forced to arrive at, or enter, a territory without prior authorisation. The position of asylum-seekers may thus differ fundamentally from that of ordinary migrants in that they may not be in a position to comply with the legal formalities for entry. They may, for example, be unable to obtain the necessary documentation in advance of their flight because of their fear of persecution and/or the urgency of their departure. These factors, as well as the fact that asylum-seekers have often experienced traumatic events, need to be taken into account in determining any restrictions on freedom of movement based on irregular entry or presence.” (p.12)

Is Australia obligated to help them?

Yes. Australia has a legal obligation to assist ‘boat people’ whether or not they follow our polite protocol. We signed an international law called the Refugee Convention.

Are most ‘illegal immigrants’ boat people?

No. According to the Australian Department of Immigration and Border Protection, in 2012-13, 25,091 asylum seekers arrived by boat, more than 8,308 arrived by plane, 2,813 visa overstayers were detected, 2,328 immigration clearances were refused at air and seaports, and 15,077 other ‘unlawful non-citizens were discovered in the community.

And according to the Advertiser, that doesn’t even include all the illegals who fly in and are caught in the first two weeks. Another 200,000 or so!

Do all asylum seekers arrive by boat?

No. Since 2003, only 42% of all asylum seekers have arrived by boat.

In 2012-13, the rate was higher than that due to a spike in boat arrivals:

But as you can see below, the number of boat arrivals tend to go up and down. In other words, history tells us it will go down again after the current spike.

Are asylum seekers who arrive by boat treated the same as asylum seekers who arrive by plane?

No. Those arriving by plane aren’t detained. Plus, they can immediately apply for a protection visa, and are typically given a bridging visa while their application is processed. Boat people, on the other hand, are immediately moved to a detention centre, and they can’t immediately apply for a protection visa. Instead, they’re screened into a refugee status determination process to determine whether they’ll be allowed to apply.

What does ‘refugee’ mean?

A refugee is a person who has fled their country because of a well-founded fear of persecution (torture, murder, illegal imprisonment, etc.).

Are all ‘boat people’ actually refugees?

9 out of every 10 ‘boat people’ are eventually found to be genuine refugees. They have a genuine reason to fear persecution in their own country (as assessed against the regulations set out in our Migration Act).

According to the Department of Immigration and Border Control, since 2008, 92% of all considered asylum cases relating to people arriving by boat were granted (p.30).

As a graph:

But even if they weren’t, it still wouldn’t change Australia’s legal obligation. We are legally obliged to accept asylum seekers.

Are they ‘jumping the queue’?

No. There’s no such thing as a queue. Anyone who wants to claim asylum must leave their home country first. So all asylum seekers flee to other countries. Some overland, some by plane, some by boat. Some come to Australia, some go to other countries. This is the standard way to seek asylum. These people are called ‘onshore applicants’.

Sadly, a lot of refugees are very, very poor, so their only option is to travel overland to a neighbouring country. That’s why countries like Kenya and Ethiopia have huge refugee camps (because of trouble in neighbouring Somalia).

Sometimes refugees are resettled in a country other than the one they fled to. E.g. Someone might be resettled from a refugee camp to Australia. These people are called ‘offshore applicants’. This is something we voluntarily do to supplement the standard ‘onshore’ process. Again, resettling refugees from refugee camps is a voluntary act. Australia does it to share the refugee load with other countries. Accepting asylum seekers who come directly to Australia is our legal obligation.

Unfortunately, Australia’s policy is that when we accept an onshore refugee (i.e. an asylum seeker who arrives in Australia by plane or boat), a place is deducted from the offshore program (i.e. there’s one less place for people being moved from refugee camps). No other country in the world does this. In other words, it’s policy that takes places from camp refugees, not ‘boat people’.

Are they still genuine refugees if they can afford boat passage?

Yes. The manner of an asylum seeker’s arrival isn’t what makes them a genuine refugee (or not). They’re judged to be a genuine refugee if they have a well-founded fear of persecution at home.

And although the poor are often the victims of persecution, middle-class and wealthy people are persecuted too. In fact, because these people tend to be well educated, they are often persecuted for speaking out against oppressive government regimes. So just because someone can afford (or scrape together the funds) to make it to Australia, that doesn’t mean they’re not a refugee.

And remember, 92% of boat people since 2009 have been found to be genuine refugees, as assessed against the regulations set out in our Migration Act.

But even if they weren’t, Australia’s legal obligation remains the same. We are legally obliged to accept asylum seekers and process their claims.

Are they still genuine refugees if they don’t look battered, bruised and hungry when they arrive?

Yes. The Refugee Convention doesn’t say they have to look battered, bruised and hungry. It says they have to have a well-founded fear of persecution at home.

Out of interest, here’s a photo of some Jewish refugees who fled to Australia at the end of World War II (courtesy of The Australian). They don’t look particularly battered, bruised and hungry.

Are they still genuine refugees if they come via another country (e.g. Indonesia)?

Yes. Although the Refugee Convention says they must come directly from a territory where their life or freedom is threatened (as opposed to ‘skipping through’ a country like Indonesia), the 2001 Geneva Expert Round Table organised by the United Nations High Commissioner for Refugees concluded that:

Refugees are not required to have come directly from territories where their life or freedom was threatened… Article 31(1) was intended to apply, and has been interpreted to apply, to persons who have briefly transited other countries or who are unable to find effective protection in the first country or countries to which they flee.” (p.2, 10b, 10c)

Because Indonesia hasn’t signed the Refugee Convention, they’re not obliged to protect asylum seekers. As a result, asylum seekers who arrive in Indonesia live in constant fear.

Are they still genuine refugees if they don’t just flee to the closest country? Aren’t they cherry-picking?

Yes, they are still genuine refugees. There’s no law that says refugees must flee to the nearest country. In most cases, this would simply land them in a poverty-stricken, dangerous refugee camp for years. Nor is there any rule that says refugees can’t flee by plane or choose their destination.

It seems odd to me that some Australians want to vilify these people for using common sense and, in the process, reducing the load on the desperately poor countries that are actually being flooded by refugees.

Do they have passports to prove their identity? And do they burn their passports?

People (and the media) often get this confused. Boat people come by boat because they don’t an Australian visa, not because they don’t have ID. Many (perhaps most) do have passports and other identifying information, just don’t have an Australian visa.

There are reports of asylum seekers destroying their documents prior to interception by Australian Navy vessels. There are a number of reasons this could be happening: 1) As asylum seekers, they fear capture at home, so they have to destroy their real passports before they leave their home country; 2) They then use fake documents to leave their home country; and 3) They destroy these documents before arrival in Australia because they’re fake and don’t accurately represent their identity or situation, and would, therefore, impede their asylum case. I’ve also heard that people smugglers tell them to burn them as it will aid their asylum claim.

Some people smugglers also claim they sell fake passports and visas, which enable asylum seekers to fly into Australia, after which they’re advised to rip up their passports and claim asylum. But these asylum seekers often end up on dangerous boats anyway. No doubt this is another reason some boat people tear up their passports.

If they can afford boat passage, why don’t they just fly in?

Flying to Australia would definitely be cheaper and safer, and I’m sure all boat people would do it if they could. But the fact is that they have to get an appropriate visa first, and this isn’t always possible. The Australian embassies in Afghanistan and Iraq, for instance, don’t issue Australian visas. And that’s where 39% of our boat people since 2008 have come from!

What’s more, even when an embassy does issue visas (e.g. Sri Lanka, Iran & Pakistan, where 47% of our boat people have come from since 2008), the application process and requirements for an Australian visa are quite rigorous and time consuming. And if you’re fleeing for your life, you don’t usually have time to complete the application, have your documents certified and wait around for a visa to be approved.

No doubt there are also some boat people who destroy their passports. There are a few reasons this might happen: 1) As asylum seekers, they fear capture at home, so they have to destroy their real passports before they leave their home country; 2) They then use fake documents to leave their home country; and 3) They destroy these documents before arrival in Australia because they’re fake and don’t accurately represent their identity or situation, and would, therefore, impede their asylum case. I’ve also heard that people smugglers tell them to burn them as it will aid their asylum claim.

Do we get more asylum seekers than other countries?

No. In 2012, we ranked 20th overall, 29th per capita and 52nd relative to GDP. And remember approximately half of those people did NOT come by boat.

“Poor countries host vastly more displaced people than wealthier ones. While anti-refugee sentiment is heard loudest in industrialised countries, developing nations host 80 per cent of the world’s refugees.”

Secretary-General of the United Nations, Ban Ki-moon

And again, no matter what our ranking, we’re still are legally obliged to accept asylum seekers.

Do harsh border protection laws deter ‘boat people’?

No. There’s no evidence to suggest our harsh policies on ‘border protection’ reduce the number of boat people trying to get to Australia. Here’s a timeline showing when Australia introduced its harsh asylum seeker policies…

  • June 1989 – Prime Minister Hawke introduced changes that included mandatory deportation, and allowed for the recovery of funds from asylum seekers to pay for the costs of their detention and deportation. The number of boat people continued to increase after these changes were introduced.
  • December 1992 – Prime Minister Keating introduced limited mandatory detention. The number of boat people remained unchanged afterwards.
  • April 1994 – Keating expanded mandatory detention. The number of boat people increased afterwards.
  • October 1999 – Prime Minister Howard introduced temporary visas (TPVs). Instead of getting a permanent protection visa, refugees were instead given only temporary protection (a 3 year protection visa). After that, their case would be reviewed. Also, their protection could be revoked if they left Australia during the 3 years, and it didn’t allow their families to settle in Australia. The number of boat people continued to increase afterwards.
  • September 2001 – Howard introduced the ‘Pacific Solution’. This involved offshore processing and detention, and turning back of boats. Again, some people claim this policy slowed the arrival of boats, but the data show the numbers were already dropping by the time he introduced the Pacific Solution. Plus, the introduction of the Pacific Solution (Sept 2001) coincided with the removal of the Taliban from power in Afghanistan (Oct 2001). Leading up to this point, Afghanistan had been one of our major sources of asylum seekers (17% in 2001-01). Also, from 2001 to 2002 there was a 45% drop in refugee numbers worldwide.
  • August 2012 – Prime Minister Gillard reintroduces the Pacific Solution. It didn’t slow the boats. In fact, the number of boat more than doubled.

It’s clear these hard-line policies can’t be claimed as deterrents. In all but 2 cases, the number of boat people increased afterwards. Once it remained unchanged, and once it was already going down before the policy was introduced. So if we’re to believe that Australia’s harsh policy has any significant impact on boat people numbers, we’d have to deduce it’s often an incentive!

How many ‘boat people’ resettle in Australia? Won’t we be over-run?

No we won’t be over-run. Not even close! For the 2012-13 period, Australia makes available 190,000 places for immigrants. During the same period, 4,949 ‘boat people’ were granted refugees status in Australia. So refugees who arrive by boat make up just 2.5% of all immigration.

Let’s look at it another way. In 2012, only 4,949 boat people were granted refugee status in Australia. That’s one person per 4,718 Australians. You might just be able to see the thin line representing approved boat people in the graph below…

Don’t boat people get more social security?

No. Asylum seekers aren’t entitled to the same welfare as citizens and permanent residents. They get Asylum Seeker Assistance (ASA), which covers basic living expenses, at a rate below Centrelink benefits.

Once an asylum seeker’s claim is processed, and they’re judged a refugee, they receive the same amount of social security as a citizen or permanent resident. They “apply for social security through Centrelink like everyone else and are assessed for the different payment options in the same way as everyone else. There are no separate Centrelink allowances that one can receive simply by virtue of being a refugee.” (http://www.refugeecouncil.org.au/f/myth-long.php#centrelink)

Unfortunately, the Australian government doesn’t allow asylum seekers to work. Nor does it allow refugees to work until they become permanent residents (which can take years). If they were allowed to work, the burden on our welfare system would be far less.

Doesn’t it cost a lot to keep asylum seekers detained?

Yes. That’s another reason why we should stop doing it. According to the Parliamentary Budget Office, it costs approx $225,000 to detain a person on Manus Island or Nauru. If they were were allowed to live in the general community (say, in specified rural areas in need of a population injection), it would cost only $35,000.

But aren’t they all Muslims who’ll want us to submit to Sharia law?

No. In 2012-13, only about half (57%) of asylum claims are were from Muslim boat people fleeing countries that follow strict Sharia law. That’s just 1.4% of all our immigrants. And remember, these people are fleeing those Sharia law countries!

Doesn’t Tony Abbott have a mandate to stop the boats?

Arguably. But he does NOT have a mandate to stop them by breaching international law. Some voters definitely agreed with the stop the boats policy, and Abbott won the election on the back of that policy. But he didn’t mention breaching international law during his campaign, so he does not have a mandate to do so.

Abbott decided to breach international law, not voters.

In fact, only 45.6% of Australians actually voted for Abbott. Yes, he still won the election on preferences, and yes, ‘stop the boats’ was AN election campaign, but there’s a big divide between claiming a mandate on an issue and assuming the majority of Australians support it. And that 45.6% includes people who voted for Abbott based on other factors, such as hating Rudd, hating Labor, being over Labor’s idiotic back-room bickering, and supporting any one of the LNP’s other policies.

Is Australia breaching international law?

Yes. We’re breaching all of the following (see below list for details):

  • UN Refugee Convention
  • Universal Declaration of Human Rights (UDHR)
  • International Convention for the Safety of Life at Sea (SOLAS)
  • International Covenant on Civil and Political Rights (CCPR)
  • United Nations Convention on the Rights of the Child (CRC)
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • International Covenant on Economic, Social and Cultural Rights
  • United Nations Convention on the Law of the Sea (UNCLOS)
  • International Convention on Maritime Search and Rescue (SAR)
  • International Maritime Organization (IMO)
  • Australia’s Criminal Code (Commonwealth)

The UN Refugee Convention

The UN Refugee Convention requires that we must treat refugees at least as well as any other foreigner:

Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally” (Article 7, 1)

And that we must not send them anywhere where they’ll be unsafe or imprisoned:

No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” (Article 33, 1)

Importantly, it also says we must not penalise people who arrive without the appropriate visa or other paperwork:

The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence” (Article 31, 1)

It also says we must not detain them longer than is necessary for their asylum claims to be processed:

The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country.” (Article 31, 2)

But by locking up asylum seekers in detention centres, we’re not treating them as we do other foreigners. Nor are we detaining them merely for the time necessary to assess their asylum claims. Instead, as a direct penalty for the way they arrived, we’re detaining them indefinitely in order to deter other asylum seekers from coming to Australia by boat. Not only are their movements being restricted, but the conditions of their imprisonment are terrible – another penalty and deterrent.

The UNHCR Guidelines are very clear on this:

Detention must not be arbitrary… Mandatory or automatic detention is arbitrary as it is not based on an examination of the necessity of the detention in the individual case… Detention that is imposed in order to deter future asylum-seekers, or to dissuade those who have commenced their claims from pursuing them is inconsistent with international norms. Furthermore, detention is not permitted as a punitive – for example, criminal – measure or a disciplinary sanction for irregular entry or presence in the country. Apart from constituting a penalty under Article 31 of the 1951 Convention, it may also amount to collective punishment in violation of international human rights law.” (pages 15 – 18)

Also, by pushing/towing asylum seeker boats back to Indonesian waters from Australian waters, we’re once again restricting their movements unnecessarily and penalizing them. We’re also returning them to a place where the lives and freedom of many would be threatened. Many asylum seekers are Shia Muslims who are fleeing persecution by Sunni Muslims in their home country. Indonesia is 88.2% Muslim, and the majority of those Muslims are Sunni. So Shia Muslims face persecution in Indonesia just as they faced at home.

The UNHCR has been very clear on this too, telling Australia, in April 2014, that:

There are obligations as a signatory to the 1951 Convention and the 1967 protocol, which say: if you intercept in your territorial waters, you should allow those in need of protection to have access to the asylum system”

This wasn’t our first warning either. The UN warned Australia about this breach in early January, 2014, too:

UNHCR would be concerned by any policy or practice that involved pushing asylum-seeker boats back at sea without a proper consideration of individual needs for protection… Any such approach would raise significant issues and potentially place Australia in breach of its obligations under the 1951 Refugee Convention and other international law obligations.”

Incidentally, we’re further breaching our responsibilities by changing workplace safety laws to exempt Navy sailors from their obligation to take ‘reasonable care’ to ensure the safety of asylum-seekers. In doing so we’re indirectly penalising asylum seekers.

What’s more, Article 16 of the Refugee Convention also stipulates that asylum seekers must have access to free legal assistance:

A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi

(“Cautio judicatum solvi” means payment of security for legal costs.) Sadly, however, our government now denies legal assistance to asylum seekers who arrive by boat.

The Universal Declaration of Human Rights (UDHR)

Article 2 of the Universal Declaration of Human Rights (UDHR) says that:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.” (Emphasis added)

By arbitrarily detaining asylum seekers, we are violating their fundamental human rights.

Other human rights conventions

According to Julian Burnside QC, by “using arbitrary detention for asylum seekers, and subjecting people (including children) to conditions which put their physical and mental health at risk in order to persuade them to return to their homelands, and deter further people from seeking asylum in Australia”, we’re breaching the following international conventions:

What’s more, recently a Sudanese asylum seeker claimed he was deliberately burned by Australian Navy personnel. Yet despite being legally obligated to investigate the matter, the Australian government is investigating the ABC, for reporting the claims! Under the United Nations Convention against Torture, which we voluntarily signed, we agree to “ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (Article 12, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

We’re also breaching the International Covenant on Economic, Social and Cultural Rights (Article 2(2)), under which it is prohibited to detain someone on the basis of “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.

Australia was also strongly criticised by independent organisation, Human Rights Watch, in its 2014 World Report (p.292):

Successive governments have prioritized domestic politics over Australia’s international legal obligations to protect the rights of asylum seekers and refugees, many of who have escaped from appalling situations in places like Afghanistan and Sri Lanka. Too often, the government has attempted to demonize those trying to reach Australia by boat and has insisted that officials refer to all asylum seekers who do so as illegal maritime arrivals.”

Laws of the sea

The International Convention for the Safety of Life at Sea (SOLAS) requires contracting states to:

ensure that necessary arrangements are made for distress communication and co-ordination…”

The 2012 Report of the Expert Panel on Asylum Seekers, interprets this to mean “Where assistance has been provided to persons in distress in a state’s SRR, that state has primary responsibility to ensure that coordination and cooperation occurs between governments, so that survivors are disembarked from the assisting ship and delivered to a place of safety. ” But Australian defence personnel are not helping asylum seekers disembark or otherwise reach safety. Instead, they’re leaving them to fend for themselves, hours offshore of Indonesia.

The United Nations Convention on the Law of the Sea (UNCLOS) requires contracting states to:

… promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose.”

But Australian defence personnel are not co-operating with Indonesia to ensure the safety of asylum seekers. Instead, they’re leaving them to fend for themselves, hours offshore of Indonesia.

The International Convention on Maritime Search and Rescue (SAR) requires contracting states to:

… ensure that assistance be provided to any person in distress at sea … regardless of the nationality or status of such a person or the circumstances in which that person is found” and to “… provide for their initial medical or other needs, and deliver them to a place of safety.”

But Australian defence personnel are not delivering asylum seekers to a place of safety, they’re leaving them to fend for themselves, hours offshore of Indonesia.

What’s more, according to the International Maritime Organization (IMO), we’re also breaching:

  • Amendments to the SOLAS and SAR Conventions, which require contracting states to: “… arrange disembarkation as soon as reasonably practicable”; and
  • Guidelines on the Treatment of Persons Rescued at Sea, which state: “The government responsible for the SAR region in which survivors were recovered is responsible for providing a place of safety or ensuring that such a place of safety is provided,” where a ‘place of safety’ is defined as “… a location where rescue operations are considered to terminate, and where: the survivors’ safety or life is no longer threatened; basic human needs (such as food, shelter and medical needs) can be met; and transportation arrangements can be made for the survivors’ next or final destination.”
  • But Australian defence personnel are not arranging disembarkation of asylum seekers, nor providing or ensuring a place of safety, they’re leaving them to fend for themselves, hours offshore of Indonesia.

Australia’s Criminal Code (Commonwealth)

Julian Burnside QC also suggests we may be committing “a crime against humanity contrary to section 268.12 of the Criminal Code (Commonwealth)”:

Article 9 of the Covenant prohibits arbitrary detention, yet people sent to Nauru and Manus Island, by Australia at Australia’s expense, are being arbitrarily detained in disturbing conditions. The refugees without ASIO security clearances are also being arbitrarily detained. This then constitutes a crime against humanity, according to the Criminal Code in section 268.12.”

Summary

So here’s what the facts tell us:

  • ‘Boat people’ are not breaking any law, so they’re not ‘illegal’.
  • Australia has a legal obligation under international law to accept asylum seekers.
  • Less than half of all ‘illegal immigrants’ are ‘boat people’.
  • Only about half of all asylum seekers arrive by boat.
  • 92% of ‘boat people’ are genuine refugees; they have a genuine reason to fear persecution in their own country.
  • ‘Boat people’ are not jumping the queue.
  • They’re still genuine refugees if they can afford boat passage.
  • They’re still genuine refugees if they come via Indonesia.
  • 51 other countries get proportionally more asylum seekers than Australia (relative to GDP).
  • ‘Soft’ border protection laws did NOT cause an influx of ‘boat people.
  • Refugees who came by boat make up only 2.5% of all of Australia’s immigrants.
  • Only 1.4% of all our immigrants are Muslim boat people from countries that follow strict Sharia law. And they’re fleeing those Sharia law countries!
  • Abbott does NOT have a mandate to stop the boats by breaching international law.
  • Australia is breaching international law by detaining boat people unnecessarily and turning them away (e.g. sending them to Indonesia).

In other words, ‘boat people’ are a small issue to Australians. They’re not doing anything wrong, and they hardly make a ripple in our overall immigration intake. We only think they’re a big issue is because the government makes them a big issue, and the media happily plays along because it’s a big story.

In reality, the only people to whom the whole ‘boat people’ issue is a big issue are boat people themselves. And, sadly, the smokescreen created by the government is very effectively obscuring that fact.

Why don’t most people know this stuff?

The fact that most people don’t know this stuff is testament to the dishonesty of our politicians and the brainwashing by or media.

This isn’t a conspiracy theory. It’s all fact on public record. Look it up. It’s another instance of the government and media distracting voters from real issues by pointing the finger and finding a common enemy.

That’s why the Coalition built its 2013 election campaign on the ‘Stop the Boats’ line. And why they changed the name of the immigration department from “The Australian Department of Immigration and Citizenship” to “The Australian Department of Immigration and Border Protection”. And why they even changed the processing label applied to asylum seeker boat arrivals from “Irregular Maritime Arrivals” to “Illegal Maritime Arrivals”.

None of this is accidental.

Am I suggesting we should open our borders up completely?

No. I’m saying we should separate our onshore and offshore refugee quotas, so boat people don’t take places of resettled camp refugees. And we shouldn’t be using ‘population’ issues as an excuse to turn ‘boat people’ away. If there are population issues (which I don’t believe there are), curtail regular immigration. At least then the people being turned away will merely be inconvenienced. They won’t be killed, tortured or wrongfully imprisoned.

What can we do about it?

If you feel strongly about this issue (and any other problems being caused by the Abbott government), make sure you write to your local politicians and to Abbott and co. Tell them what you think, and demand they stop.

Beyond that, I think we need a Constitutional Convention. And when we get it, we need to change the system to a vote-for-policies system. No politicians, no parties… And tighter regulation on corporations. I’ll be blogging about my thoughts on this soon, so make sure you subscribe to my blog.

What do you think? Please comment…

I’d love to hear your thoughts on this issue. Please add a comment below, so we can chat about it.

 

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Protesting for protesting sake?

Tracie Aylmer attended the Villawood protest yesterday. Tracie is a migration agent and solicitor who comes into regular contact with asylum seekers. In this guest post she expresses her disappointed at the behaviour of many of the protesters whose behaviour, she laments, did nothing for the cause of those in detention.

I have only been to two protests in my entire life.

The first protest was a few weeks ago – the March In March. It was so well organised, that people respected not only themselves, but others and the police. There were no arrests, even with the tens of thousands of people who marched with me.

The second was yesterday – on 5 April 2014 – at Villawood Detention Centre.

Before I go into detail in relation to my experiences of the asylum seeker protest, I think I should explain who the asylum seekers are. I am in constant contact with the Hazara community. They are peaceful, gentle and very respectful members of our community. They do not like to fight, which is why so many are tortured and/or die at the hands of the Taliban in areas such as Afghanistan, Pakistan and Iran. They actually refuse to fight back!

My contacts in the Hazara community saw the video (now made private) that was recorded yesterday. Their direct response, and I am quoting, is “it is not good”. They were very disappointed that so many people were behaving as they were in that video.

Due to these very lovely people, who have accepted me with open arms into their community, I respect everything they do and say. They are very gentle, and do not believe that people should be deliberately trying to become arrested in their name.

I cannot say how asylum seekers in Villawood Detention Centre would have reacted to the fact that people were arrested in their name, but if they are anything like my contacts in the Hazara community they would have felt ashamed.

Being vocal would have helped them realise that there are people outside of Villawood Detention Centre who do care for them, but ignoring police direction and going so far as to kick and punch police officers for doing their job goes above and beyond.

I believe some police officers do create ‘ultra vires’ moments. There’s little doubt of that – particularly considering why ICAC was formed.

But, the directive to move the asylum seekers came from far higher than the authority given to the police officers who were there yesterday. They obeyed orders. They did not make the orders. The buses were going to leave anyway. No matter what.

This government cannot ‘stop the boats’. That much is obvious, even if we now don’t hear about it. So what makes anyone on that day think they can ‘stop the buses’? Especially those officers that were there yesterday.

The police asked for people to move to the footpath. Considering the footpath is quite large, it sounded like a reasonable request. People could have been just as vocal on the footpath, as they were on the road. It didn’t matter where, as long as the people were vocal.

The police then said to the mothers for asylum seekers group that if people did not move onto the footpath, there would be every reason for the police to move people to the end of the street. Since the mothers were there to say goodbye to their long time friends (the asylum seekers), people should have listened to the mothers. The mothers were gentle and caring ladies, who deserved respect. They were near tears, as the connections formed were bonding. They saw the writing on the wall – the buses were going to leave anyway, and this was their last chance to say goodbye.

As it happened, no one was moved to the end of the street. Everyone stayed where they were.

People started speaking about their experiences. One of the mothers told about her experiences. Everyone was quiet and respectful for each person on the microphone. Then, a police officer wanted to talk. He was drowned out by protesters chanting the same chant over and over.

A short time later, a man came up to us and told us that people should have a right to be on the street if they wished. He said the protest was proper and people also had a right to talk. One of the mothers then asked “so why wasn’t the police officer then allowed to talk?”. We both then decided to ignore him.

Shortly after this, and after a few hours of being there, I had to leave for personal reasons. A police officer escorted me to my vehicle. He was kindly and respectful, as I showed respect. He said he was only doing his job, as told by higher authorities. I said I was only there for the asylum seekers.

I was not there at the period of time when the protesters and police clashed. I am grateful that I wasn’t. This was not what I signed up for. I wanted to show the asylum seekers I was there for them. Instead, I had a protester tell me that I was selfish. I was told that I shouldn’t be there for me. It made me wonder – who was I there for, then? Because I certainly wasn’t there for the protesters!

Protesting in order to create ugly clashes with the police does nothing for the cause. It only shows those who vote LNP what they want to hear about asylum seekers – that perhaps they should be feared after all. Showing lack of respect for the police also shows lack of respect for the asylum seekers. They would not want people being injured or arrested in their name. It would make them feel guilty.

So to all the people who showed up to protest, and were in that video kicking, screaming and punching the police, who were you actually protesting for? If the asylum seekers don’t want to see this sort of thing going on, then is it really worth being arrested? Isn’t this the sort of mob mentality that the LNP are notorious for?

Isn’t this the sort of thing that the LNP staunch supporters would want to see?

Perhaps if we all calmed down and became as respectful as the asylum seekers, then all our protests would have the same tinge as one of the most successful protests in Australia in decades – the March In March.

 

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It’s the environment, stupid

In the aftermath of the 2013 Australian election, I spoke to a variety of my friends and colleagues about the core issues that motivated my voting intention. Chief amongst these was the issue of climate change, and the various parties’ approach to Labor’s ETS or another alternative. I voted below the line and took into account several important areas of policy, to the extent it was known, but the primary consideration for me was climate change.

In many cases during my discussions, I was disheartened to hear that climate change just wasn’t top of mind for these people I valued. For them, other issues took priority: Australia’s budget, its productivity, its two-tiered economy. There were others for whom provision of healthcare, education, housing and social benefits were of higher import. And there were some for whom the key issue was the two parties’ policies on refugees and boat arrivals.

What people perhaps fail to fully understand is that climate change will fundamentally alter every aspect of life and governance in this country and around the world. It is already having adverse effects on health, on productivity, on national economies and on food production. And all the scientists tell us that we are on the cusp of a downward slope, that things will get far worse from here.

Already we can see some of the effects of climate change on the front pages of our daily news. In early 2013, a report was published indicating that the 2012-2013 Sydney summer was the hottest on record. That was before the current summer of bushfires began. When every summer becomes the “hottest ever”, we have to start wondering about where the trend will lead. 2013 has seen climatic extremes across the globe: from floods to blizzards, from droughts to heat waves, from tornadoes to wildfires, all of the linked events are record breaking or without precedent. But climate disasters, even when they directly affect people, are remote in comparison to daily pressures of life. They’re too big to easily comprehend as an immediate and pressing concern.

What seems needed is a connection between the oncoming threat of climate change and the pressing policy areas that do concern people. When the protest is made that money spent on carbon abatement could be better spent on hospitals, real information on the healthcare impacts of climate change is needed. When western Sydney voters are concerned about the tide of boat-borne refugees, a cold-eyed view of the millions of people who will be displaced from our asian neighbours (due more to loss of habitable land and food yields than to rising sea levels, although both are important) might help put the numbers in perspective.

There is one specific objection to prioritising climate change mitigation efforts and carbon abatement policy, and it’s a doozy. Under both Labor and the incoming Coalition government, Australia’s prosperity relies upon a continued efficiency in extracting mineral and fossil fuel wealth from our abundant reserves and selling them overseas. Under the newly elected Coalition, it is likely that this reliance on resource mining will increase, rather than decrease, as the government dismantles Labor’s perfunctory efforts at wealth transfer from the resources sector to high-tech industries and manufacturing. The Coalition’s rabid determination to vilify and destroy the “carbon tax” (more accurately described as an emissions trading scheme) is underpinned by this unspoken need to prop up Australia’s cash cow. Nothing can be allowed to interrupt the gravy train of that lovely, lovely brown coal. If they were to give an inch, to allow the ETS to continue, it wouldn’t be long until greenies were making cogent arguments about Australia’s net carbon export via its sale of coal to China and India. Failing a rational answer to such arguments, and unwilling to be the government under which Australia’s GNP collapsed, the best solution for the Coalition is to keep the fight focused on domestic use of energy.

On the wrong side of history

But the Coalition, as well as Labor and the whole of the nation, are caught up in the march of history. Cutting back on climate change priorities is a false economy. It will hurt us in the long run – not just environmentally, but financially.

Wind-generated power is currently cheaper than coal, and solar is not far behind. A little extra investment and solar power could take care of all Australia’s energy needs. Australia has, or had, some world-leading researchers and companies in the field of renewable energy, and it has wide-open spaces with very few people and plenty of sun and wind. Australia is a prime potential for development of economically viable renewable energy, removing our own need for fossil fuels, but also giving us high-tech energy generation to sell to other countries. Doing so would be costly. But the cost would be borne almost entirely by those energy companies already heavily invested in fossil fuels. Make no mistake: the average Australian would not suffer greatly from an immediate moratorium on coal mining. It is big companies, who hold long-term leases on prime coal-bearing land and whose net company worth is supported almost entirely on the coal still in the ground, which would be most affected. See Global Warming’s Terrifying New Math – I’ve linked to this article before but it deserves it.

Just because Australia has access to all this lovely, lovely coal doesn’t mean the rest of the world is standing still. As other nations implement carbon trading schemes, as new energy generation methods become available and economical, and as shale gas and other fossil fuels become increasingly exploited, the demand for coal and oil will decrease. Australia faces a growing risk of becoming the kid in the corner hawking his trading cards when the rest of the school has moved on to He-Man figures.

The long-term argument against coal goes along the following lines: the rapid emergence of shale gas, falling renewable energy costs, air pollution regulations, governance issues, action on climate change, changing social norms and worsening water constraints are putting pressure on coal’s competitiveness. – King Coal running out of luck

This may be partly why the Coalition is desperate to clear regulatory blockages to large-scale shale gas (fracking) projects in this country. The writing is on the wall for coal, and Australia will quickly lose its competitive advantage. Then we really will be the poor white trash of Asia.

What would it take?

For every objection to the prioritisation of climate policy (beyond the frankly unworthy “it’s not happening, not listening, nyah nyah nyah”), it is possible to make a case that climate change will have a dramatic deleterious impact.

Regardless, there remain those for whom climate change is not an immediate priority. The question must be asked, what would make it an immediate priority? Will it require the displacement of millions and a logarithmic increase in climate refugees reaching Australia? At what point does the loss of much of Australia’s food production capacity trigger our concern? We’re already facing annual floods/fires/heatwaves/climate events – how far does it have to go before we see the signs? Will the recognition of a “new normal” of climate events and weather spur us to action, or will it simply move us past action to despair? When the tides are swamping our cities and sucking at our toes, will we perhaps think that climate change may be worth our investment?

By the time these things come about, it will be far too late to change them. It may already be too late. Immediate, desperate, strong action may yet provide us a chance to partially mitigate the damage. But we need to make climate change a priority.

Unfortunately those who don’t want to spend money and opportunity now to combat a remote threat from the future are the same kinds of people who don’t want to invest now to build capacity for the future. They’re the economic rationalists, and they’re in charge of the funhouse.

Co-published on Random Pariah

 

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Operation Sovereign Borders. Doubly Disillusioned.

Over the past several years Tony Abbott has electioneered on two platforms: that climate change is crap and that asylum seekers arriving by boats are “illegals”. Abbott also chose to create a sense of urgency, a sense of fear, the fear of the other and an impression that somehow the Australian people were under threat. The nationalistic name which Abbott conjured up, Operation Sovereign Borders consists of the same overblown rhetoric reminiscent of the Bush/Howard era, and is described in the Coalition’s Policy document as a response to “a national emergency”.

With the coming of Tony Abbott to power, Operation Sovereign Borders was described as “gearing up”, and as endorsed by The Australian newspaper, put into action by immediately “shutting down the flow of information on the arrival of asylum vessels and the transfer of people offshore”:

All requests for information from Customs and Border Protection and the Department of Immigration – on issues ranging from boat arrivals, to detention centre capacity levels, the numbers of detainees on Manus Island and Nauru, or violent incidents in the detention network – are now directed to the mobile telephone of Mr Morrison’s press secretary.

This is of such importance, such an emergency that all enquiries must immediately be directed to . . . a press secretary?

The Sydney Morning Herald hence reports:

The public might never be told whether the Coalition is meeting a key election promise in having the navy turn back asylum seeker boats, Immigration Minister Scott Morrison has said.

The above is the entire crux of the matter: we might never be told whether or not Tony Abbott is meeting a key election promise and the very promise which for many, won him the election.

It was 27th April 2012 when the headlines from news.com were ablaze with the following:

TONY Abbott will tell Indonesia that people smugglers “disgorging” asylum seekers are like Australians smuggling drugs into Bali should he win government.

The Opposition Leader today said that, if elected Prime Minister, he would fly to Jakarta in his first week to explain his policy of turning back people smuggler boats.

And he would call a double dissolution election if he can’t get his tougher border security measures, including re-introduction of temporary protection visas, through Parliament . . .

“Every illegal boat marks a failure of foreign policy, a failure of security policy and a failure of immigration policy.”……..

Then Immigration Minister Chris Bowen responded with the statement that Abbott was putting relations with Indonesia at risk by again pledging to turn boats back.

“Mr Abbott’s claim that he will have a ‘Jakarta focussed’ foreign policy is questionable as he rides roughshod over the repeated and clear message from Indonesia that they would not agree to towing back the boats,” said Mr Bowen.

It seems that as a matter of public information this issue no longer exists with the urgency now relegated to weekly information sessions or via Scott Morrison’s press secretary, that every illegal boat which “marks a failure of foreign policy” will be information disseminated perhaps accurately but certainly not in a timely manner. Urgency has drifted to once a week information sessions.

Is it that Prime Minister Abbott has little desire to fulfill his previous commitment to call a double dissolution election on this issue? “Failures” may or may not be known by the public, or even more suspect: Is it that the Abbott government intends to set its own asylum seeker policy up for failure?

By making conditions so onerous and insulting for the Indonesian government is it that Abbott has a ready-made fall guy? The vast majority of Abbott’s rhetoric is that he will tell Indonesia what he intends to do with their country – from turning boats back to their shores, to buying fishing boats (en mass it is assumed) from Indonesians, to setting up “transit ports” on their soil. All rhetoric speaks of infringements against Indonesia’s sovereign rights to do what they want in their own country. For Operation Sovereign Boarders to succeed it needs the cooperation of the Indonesian Government, which has not, and will not be forthcoming. For their failure to comply with Abbott’s infringement upon their sovereignty I can see that they are nicely being set-up as the fall guy.

That is only one are of failure. There are possibly more.

Again from the Sydney Morning Herald:

Under Operation Sovereign Borders two frigates, seven patrol boats and numerous Customs vessels will patrol the seas between Christmas Island and Ashmore Reef and Indonesia.

Anzac Class frigates cost about $207,000-a-day to operate compared with $40,000-a-day for Armidale Class Patrol boats.

Seven frigates at $207,000 a day means that Operation Sovereign Boarders would cost the taxpayer over $520M a year for the Navy’s contribution alone. Then there are the Global Hawke Drones, if he decides to go ahead with them, at a cost of $US218M each. How many might he want? In an environment of a budget emergency, how long before the taxpayers rest a little uneasy about the enormous expense of detecting or intercepting the boats that are apparently going to stop coming?

Then there are other logistics. Officials would conduct health checks on the ship or at the port, and the smuggled people would be taken to nearby airports for charter flights direct to Nauru and Manus Island. They can’t go to Indonesia, of course, because Indonesia have sensibly rejected Tony Abbott’s invasive plan.

And which port, by the way?

So we are now back to where we were at any period over the last six years, but at a higher cost to the taxpayer. However, Tony Abbott can no longer blame Kevin Rudd or Julia Gillard so he will directly blame Indonesia. Will this be an excuse to not call a double dissolution? We’ll see.

Operation Sovereign Borders will not only go down as Tony Abbott’s biggest policy flop but one of great expense.

But we’ll never hear about it.

* A post by Michael and Carol Taylor

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Tony Abbott says he’ll turn back the boats

There’s nothing new about his foolhardy plan. He’s always made that bold claim, however it has now been celebrated with some pathetic journalism from the news.com stable. Under this glaring headline “Tony Abbott says Indonesia will accept boats turned back” we see these amazing predictions.

  • Libs say a Coalition government will solve boats
  • Exactly how Libs will solve boats is not explained
  • Labor could lose 24 seats: poll
  • Labor MPs add fuel to super tax debate

Exactly how do you solve a boat?

And what is the true purpose of this article? It certainly says nothing to confirm how Tony Abbott will turn back the boats. It appears just another Labor bashing exercise to me, as the sub-headings would suggest.

Instead of making up this rubbish why doesn’t the media try reporting facts?

Here’s Fact 1:

Tony Abbott’s plan to send back all asylum-seeker boats has drawn fire from Indonesia’s police as well as the UN High Commissioner for Refugees as dangerous and in breach of international law.

The expressions of alarm came a day after The Age reported former Australian Defence Force chief retired admiral Chris Barrie saying it would be close to impossible as well as expensive to send all the boats back.

Yesterday, Indonesia’s police questioned whether Mr Abbott’s policy of using the navy to turn back asylum seeker boats contravenes international law, amid widespread disquiet in the country about the opposition’s hardline position.

Here’s Fact 2:

A former defence chief has declared naval officers would disobey orders from a future Abbott government to turn back asylum-seeker vessels, saying commanders would always put safety ahead of policy.

The Opposition Leader today maintained the controversial policy was the most effective strategy to secure Australia’s borders and prevent mass drowning of asylum seekers.

But Admiral Chris Barrie (ret), who served as Chief of the Defence Force at the time of the Tampa crisis, said government policy could not override international law.

“Policy can’t override international law; nor can it tell a commanding officer what decisions he must make at sea at the time,” he told ABC radio.

Here’s Fact 3:

. . . Tony Abbott stated the following:

Within a week of taking office, I would go to Indonesia to renew our cooperation against people smuggling. I would, of course, politely explain to the Indonesian government that we take as dim a view of Indonesian boats disgorging illegal arrivals in Australia as they take of Australians importing drugs into Bali.

Despite what our individual opinions are of asylum seekers, it is NOT illegal to seek asylum in Australia.

Tony Abbott more than anyone else should know this, and if he doesn’t, then it is soley because of his own ignorance.

As a member of the Refugee Convention, Australia has certain responsibilities in handling asylum seekers.

As a party to the Refugee Convention, Australia has agreed to ensure that people who meet the United Nations definition of refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.

Australia also has obligations not to return people who face a real risk of violation of certain human rights under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. These obligations also apply to people who have not been found to be refugees.

Facts aren’t really hard to find, are they?

And here’s another fact: Indonesian authorities have since expressed their opposition to the policy. Yes, it’s in the article . . . but not the headline. Readers might find their way to it if they haven’t been busy clicking the links to anti-Labor rubbish that preceded it.

Instead of stopping the boats, why don’t we instead stop the bullshit?

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