Showing posts with label Asylum seekers. Show all posts
Showing posts with label Asylum seekers. Show all posts

Friday, April 3, 2020

Media Release re COVI-19 and asylum seekers in immigration detention


MEDIA RELEASE
3 April 2020


COVID-19: Government must act to avoid a catastrophe in immigration detention

The Chair of public interest think-tank Australia21, Mr Paul Barratt AO, today called upon the Federal Government to act as a matter of urgency to enable all people in immigration detention to behave in accordance with the physical distancing guidelines which have been introduced to limit the spread of the highly infectious and potentially lethal new coronavirus COVID-19.

“The Commonwealth Government, with the support of the States and Territories, has issued enforceable physical distancing guidelines considered necessary to help manage the threat to public health posed by COVID-19”, Mr Barratt said. “As a humanitarian matter, and in conformity with its obligations under international law, the Commonwealth has a duty to ensure that refugees detained under its authority, whether in Australia, PNG or Nauru, are able to practice the required distancing. This is not only a humanitarian issue, it is also a public health issue. Any cluster of people not practicing the required distancing represents a threat to the health of all, via cross-infection of each other and infection of those with whom they come into contact.”

“This process would be greatly facilitated if the Government were to respond to this new situation by resolving all outstanding claims as soon as practicable and resettling all refugees in Australia, regardless of their date or mode of arrival.”

Mr Barratt said that Australia21’s position is supported by a large body of its research:

·       Our work on empathy and compassion reveals how a nation's spirit  and resilience can be influenced positively by the way it treats its most vulnerable members
·       Our work on resilience indicates that consistent narratives are a key component of a nation's ability to cope with shocks and allowing people in our care to suffer will undermine our national narrative of being a caring nation of people who care for all who are disadvantaged or downtrodden.
·       Our work on resilience also indicates that, apart from the humanitarian aspects of how we treat asylum seekers, allowing discontent to build among these people and their supporters could undermine both confidence in government and ability of government to rely on the broader public to play their part on cooperative efforts to address COVID-19 challenges
·       Our work on drug reform reveals how being tough on social issues frequently causes backlashes that make the problem worse.

Wednesday, January 15, 2014

Moving on from Australia’s exclusionary approach to citizenship


Below are the biographical note, and abstract and introductory paragraphs of the contribution by Professor Kim Rubinstein and Jacqueline Field to the Australia21 publication Refugees and asylum seekers: finding a better way.

Who we are not is not who we are: Moving on from Australia’s exclusionary approach to citizenship
Kim Rubinstein and Jacqueline Field

Kim Rubinstein is Professor and Director of the Centre for International and Public Law at the Australian National University. She is an acknowledged expert on citizenship law. Jacqueline Field has been working with Professor Rubinstein on the Australian Research Council project: Small Mercies, Big Futures (ARC Linkage LP100200596) since 2012. She is currently based in Singapore, with an NGO that advocates migrant workers’ rights.

Abstract

Contemporary Governments’ treatment of asylum seekers and refugees is symptomatic of an enduring focus on excluding outsiders in immigration and citizenship policy. Australia’s constitutional history illustrates that the process of defining the nation itself was grounded ina social and political climate of racism and exclusion. It is significant that in the years since Federation, immigration and citizenship legislation in Australia has largely been based on the Commonwealth’s power to make laws for ‘naturalisation and aliens’. The distinction between citizens and aliens is the foundation of Australian immigration law, which has led to the use of Australian citizenship as a political device of exclusion. But we, as Australians, should not let our history define us. We can engage with the question of what it means to be Australian. We can seek to address the missed opportunities of the past, and reclaim the politicised debates in the refugee and asylum seeker context.

Essay begins

In 2013, both major Australian political parties took radical steps to prevent asylum seekers and refugees from reaching and remaining on Australia’s shores. The treatment of asylum seekers and refugees by current Governments is symptomatic of an enduring focus on excluding outsiders in immigration and citizenship policy. Since the creation of Australia as a Federation, the exclusion of outsiders has been a fundamental policy attitude. This exclusionary focus is grounded in an Australian Constitution that defines its members not by who they are, but rather by who they are not. It reflects a history of Australian citizenship law that has created a community defined by those it excludes. From a constitutional and legal point of view, Australia has never really come to terms with who its members are. In order to move the discourse on asylum-seekers and refugees away from one of exclusion, we as Australian citizens must depart from our historical fixation on who we are not, and seek to define what it means to belong to the Australian community.

To read the full essay

The full essay can be obtained by accessing the complete publication which can be downloaded as a PDF file at no charge from the Australia21 website here.

If you would like to buy a hard copy for $25 including postage you may do so from here.

Note:
Please remember that Australia21 is dependent upon public donations to continue its work. If you would like to make a donation you can do so by visiting the Australia21 website at www.australia21.org.au. Donations over $2 are tax deductible.

Saturday, January 4, 2014

Jane McAdam: Leading on protection.


Below are the biographical note, and abstract and introductory paragraphs of Professor Jane McAdam’s contribution to the Australia21 publication Refugees and asylum seekers: finding a better way.

Leading on protection.

Jane McAdam is Scientia Professor of Law and the Founding Director of the Andrew and Renata Kaldor Centre for International Refugee Law at the University of New South Wales. She holds an Australian Research Council Future Fellowship, and is a non-resident Senior Fellow at the Brooking Institution in Washington DC and a Research Associate at the University of Oxford’s Refugee Studies Centre. Professor McAdam serves on a number of international committees and has undertaken consultancies for UNHCR and various Governments on issues relating to forced migration and international law.

Abstract

How do we create an asylum policy that reflects Australia’s international legal obligations and is acceptable to the general public? This essay argues that strong, ethical leadership can shape and shift ideas by educating the community about the complexities of forced migration, and appealing to the Australian ideal of a ‘fair go for all’. International law provides both a legal and a moral compass – for our leaders to respect the protection commitments that previous Governments assumed in good faith, and for the rest of us to call our leaders to account.

Essay begins

In a country as large, wealthy and multicultural as Australia, it is incongruous that the treatment of asylum seekers has become a national preoccupation. The discussion centres not on rights or responsibilities, but on ‘stopping the boats’ and ‘smashing the people smugglers’ business model’.

As in many countries, asylum seekers are an easy target for anxieties about national security, unemployment and demographic composition. They cannot vote, so their voices are marginalised in political debate, and as they are increasingly moved outside the Australian community into immigration detention in remote offshore processing centres, the divide between ‘them’ and ‘us’ is reinforced.

At the heart of Australia’s hardline approach to asylum seekers is a fundamental misconception – the assumption that draconian measure will deter desperate people. And on top of such flawed logic, many expedient myths have been built.

To read the full essay

The full essay can be obtained by accessing the complete publication which can be downloaded as a PDF file at no charge from the Australia21 website here.

If you would like to buy a hard copy for $25 including postage you may do so from here.

Note:
Please remember that Australia21 is dependent upon public donations to continue its work. If you would like to make a donation you can do so by visiting the Australia21 website at www.australia21.org.au. Donations over $2 are tax deductible.

Friday, January 3, 2014

Mick Palmer on asylum seekers


Below is the biographical note and abstract from former Federal Police Commissioner Mick Palmer’s contribution to the Australia21 publication Refugees and asylum seekers: finding a better way.

The full essay can be obtained by accessing the complete publication which can be downloaded as a PDF file at no charge from the Australia21 website here.

If you would like to buy a hard copy for $25 including postage you may do so from here.

Asylum seekers: Does our approach reflect our character? The lessons that must be learnt.
Mick Palmer

Mick Palmer AO APM is a former career police officer and barrister at law, who served as Commissioner of Police with the Northern Territory Police and the Australian Federal Police. Since his retirement from policing in 2001 he has conducted a range of corporate governance related inquiries including inquiries into prison management in Victoria and Tasmania and the inquiry into the Immigration Detention of Cornelia Rau. He is a Director of Australia21.

Abstract

This essay examines treatment of asylum seekers in Australia against the background of tow notorious cases, Cornelia Rau and Vivian Alvarez, and seeks to illustrate the critical importance of due process, competence and integrity to a just and effective asylum-seeker management and handling system. The emotional and psychological impacts that are likely to be caused by immigration detention and the damage that can be caused by inadequate inquiry are illustrated and the questions asked: have the lessons of Rau and Alvarez been learned and are current practices and procedures likely to lead to just and humane outcomes? Are we comfortable as a society with our current approach? Do our treatment and handling processes reflect expected Australian values? Assessment criteria are suggested which as decent Australians, we should expect to apply in the treatment of people in Australian immigration detention.

Note:
Please remember that Australia21 is dependent upon public donations to continue its work. If you would like to make a donation you can do so by visiting the Australia21 website at www.australia21.org.au. Donations over $2 are tax deductible.

Saturday, December 28, 2013

Sir William Deane on asylum seekers


On 17 December 2013, in a Senate Committee Room in Parliament House, Canberra former Governor-General Sir William Deane AC launched a collection of essays entitled Refugees and asylum seekers: Finding a better way. This collection, edited by Bob Douglas and Jo Wodak, marked the completion of the first phase of an Australia21 project designed to contribute to the development of a process for dealing with asylum seekers which is fairer and more humane than the one we have been using in Australia in recent years.

Below is a transcript of Sir William’s remarks at the launch, which is published with his permission.

Begins

Paul Barratt’s acknowledgment of the traditional custodians, in which I respectfully join, serves to remind us that, apart from Indigenous Australians, we are all migrants or descended from migrants. And that many of us were asylum seekers or are descended from asylum seekers.

My own Great Grandfather came to Australia, with his wife and young family, including my Grandfather who was 7, from Tipperary in 1851 on a wooden sailing ship called the Harry Lorrequer. They sought asylum on this side of the world from the devastation of the Great Famine. After disembarking in Melbourne and time on the goldfields at Ballarat, my Great Grandfather took his family to Wahring near Nagambie in rural Victoria where he became the legal owner of land taken, without compensation, from the Taungurung people. That land provided the basis of his and his family’s subsequent well being.

The first point which I wish to make through that brief reference to a rather typical Australian family history is that we Australians should have understanding and compassion for the actions of those who subject themselves and their families to serious risk of disaster at sea to escape from violence or terror or unbearable hardship and seek asylum in a new country which they dream of making their homeland. We will never know precisely how many of the wooden sailing ships bearing asylum seekers from Europe to Australia in the Nineteenth Century didn’t make it or how many men, women and children died through the awful sicknesses and conditions on the way. The Harry Lorrequer did make it. But parts of the journey were so stormy that some were washed overboard on the way (see footnote (1)) and the youngest of my Great Grandfather’s children, Martin, died as a result of the sicknesses which threatened all on board. Perhaps some would criticise all those early Australians and present would-be Australians for subjecting themselves and their families to such awful risks. Most of us would, however, see them as bravely seeking a better life for themselves and their families in circumstances where they saw or see no really worthwhile alternative.

The other point is that, from the earliest days of European arrivals and constantly thereafter, our country and its people, both Indigenous and non-Indigenous, have faced extraordinary and at times seemingly overwhelming challenges and problems. The challenge which we, as a nation, face in relation to refugees and other asylum seekers who arrive, or attempt to arrive, by boat is a very difficult one. But it is not the most difficult which has confronted our nation. And while it seems to me that there are no obvious complete answers or solutions, I believe that we are, as a nation, capable of dealing with it with both justice and decency. In that regard, it is well to remember that other countries are facing much greater challenges as regards refugees than we are. For example, as the violent crisis in Syria enters its third winter, Lebanon, with a considerably smaller population than ours, is currently engulfed by more than 800,000 refugees.

The book which we are gathered to launch - Refugees and Asylum Seekers: Finding a Better Way - demands the attention and careful consideration of any Australian who is concerned with that challenge. Its contents are of immeasurable national value and importance as a basis of understanding, of discussion, of planning and of hope. The authors of the essays are outstanding Australians with extraordinary expertise and profound practical and theoretical experience in the field. They identify what they see as current problems, difficulties and shortcomings. And suggest what they see as possible lines of investigation, discussion and solution. As the editors explain in their thoughtful Preface, the objective of Australia21 in initiating and publishing the book has been to provide the foundation for the convening of a roundtable of stakeholders and decision-makers next year to examine the feasibility of a fresh new bi-partisan approach.

It is only a couple of weeks since the world’s most respected authority on Refugees, the United Nations High Commission, delivered its assessments of our Detention Camps - officially called “Regional Processing Centres” – on Nauru and Manus Island. There is close correspondence between the published findings in relation to each place. As regards the Nauru Centre, which has been established or re-established for more than a year, the United Nations Refugee Agency found that “the current policies, conditions and operational approaches … do not comply with international standards”, “constitute arbitrary and mandatory detention under international law”, “do not provide a fair, efficient, and expeditious system for assessing refugee claims” and “do not provide safe and humane conditions of treatment in detention”. As regards the children who are in our nation’s care and detained on Nauru, the Agency found “the harsh and unsuitable environment ... is particularly inappropriate for the care and support of child asylum seekers” and that “children do not have access to adequate educational and recreational facilities”. Finally, and relevant to the description of the Nauru Detention Centre as a “Regional Processing Centre”, the Agency found that “only one claim for refugee status [had, at the time of inspection,] been finally determined and handed down in the 14-month period since the transfer of asylum seekers to Nauru commenced in September 2012”.

Hopefully, our government and other relevant authorities will, in due course, properly respond to the UN Refugee Agency’s criticisms. But, pending such a response, one cannot but fear that at least some of the findings, particularly those relating to children held in detention and unsatisfactory processing, are justified. If they are, the United Nations Reports diminish our country’s hard won and long justified international reputation as an upholder of human rights and dignity. More important, they give rise to questions relating to our decency and sense of fairness and justice as a community and as individuals which we cannot properly ignore.

In that context, the publication of this book and Australia21’s call for open discussion and dialogue and a search for national consensus about a new and better way come at a particularly apposite time. I sincerely hope that all concerned, particularly the legislators and the decision makers in government and the administrators in the field, will welcome that call and fully participate in any ensuing discussions and exchanges. And that at every stage of such discussions there will be a conscious awareness of the fact that the lives, the wellbeing and the futures of extraordinarily vulnerable human beings, including children, are involved.

Let me conclude by congratulating and thanking all who have contributed to the initiation, writing and publication of this book – authors, editors, publishers and the members of Australia21. I join you all in wishing it every success.

Refugees and Asylum Seekers: Finding a Better Way is formally launched.

(1) In my oral comments at the launch I said: “45 passengers and 7 sailors were washed overboard”. Those numbers were drawn from an unpublished family history. Since then, I have become aware that a contemporary source (The Melbourne Argus of 15 March 1851) states: “35 deaths occurred during the Passage” (WD).

Ends

For more information about this publication and how to obtain a copy see Refugees and asylum seekers: finding a better way.