Bernard Keane wrote yesterday that “there appear to be four grounds for criticising the government’s excision of the mainland, none of which are valid reasons for opposing it”. Amnesty International remains firmly opposed to the government’s excision policy and, as I was quoted in Keane’s article, we would especially like to reiterate that our criticisms are entirely valid.
The first criticism has little to do with our work. Amnesty International has no problem with politicians changing their position — indeed that is what we often call for to improve human rights around the world. Amnesty International has remained consistent in our opposition to excision since it was first introduced in 2001.
The second point is that the bill does not change Australia’s borders or even its migration zone, but merely restricts access to that zone for a certain type of arrival — asylum seekers who come by sea without documentation. This is indeed the case, and in effect, is exactly what I said in the quote that Keane dismissed in his claim that the bill does nothing of the sort.
Instead of arguing about the semantics of a bill cleverly worded to avoid legal challenges or international condemnation, let’s look at what the bill will actually mean.
For people without a visa who are seeking protection at Australia’s borders, it means the Migration Act is now gone.
Which brings us to Keane’s third point: that the UNHCR has rejected the idea that excision diminishes our international obligations under the Refugee Convention. Without wanting to speak for the UNHCR, I think Keane has seriously misinterpreted their statement. It does not come as confirmation that Australia has not breached its international obligations, but as a warning that excision legislation does not give it a legal excuse to do so.
Keane’s last point — that excision is not inhumane because, like all the Houston report recommendations, it is aimed at saving lives — is perhaps the most worrying. It’s hard to think of any other situation where people argue that it is acceptable, let alone humane, to punish innocent victims in order to send a message to future innocent victims.
The report itself states that Australian-based deterrents would only ever work as short-term “circuit breakers”. What the report calls for to save lives in the medium-to-long term is Australia working towards greater refugee protection in the region. A small part of this, as Keane argues, is the increase in Australia’s resettlement, but the real deal when it comes to saving lives and stopping boats is increasing the protection of refugees in our neighbouring countries.
And here we come to the core problem of both the Houston report and Keane’s article. The short-term, Australia-focused deterrent policies being enacted by the government right now are actually undermining the long-term regional protection policies that will actually work.
After all, if Australia is willing to go to such extreme lengths to avoid protecting refugees, why should Malaysia, Thailand or Pakistan do any better?
“It’s hard to think of any other situation where people argue that it is acceptable, let alone humane, to punish innocent victims in order to send a message to future innocent victims.”
Excuse me, someone is mistaken here and it’s not Bernard Keane. You have completely ignored the context which he implied and then repackaged it to suit an indifferent agenda.
Totally disagree already and it’s very early in this thread.
Thankyou, Graham, for saying so clearly some of the objections which have been choked up in my throat since reading Bernard’s article. This measure (like nearly all this and the previous government’s “stop the boats” kneejerk acts) is ineffective, cruel and ignorant.
I also can’t help contrasting our treatment of Asian/Middle-Eastern refugees with that of refugees from Nazi Europe. You can’t get out of an oppressed country without forged papers and paying pretty much everything you have, but the people who enabled that in WW2 were called heroes, not “people smugglers”.
Doctor,
How do you know they are innocent victims? How do you know who they are? How do you know they are refugees?
@Clytie
It’s such a sad and dismal affair, but all refugees ( as David Hand said, if they are ) are pawns in a much bigger game. A Global racial game of uprooting and mix and matching cultures where the rules dictate a weakening of the host nations. Indonesia must be grinning like a Cheshire cat, albeit they had no planning in this game, but they exploit it anyway.
I am one of those people who thinks that we just have to keep upping the ante until the boat trade is stopped, whatever it takes.
I am outraged at the extent of the influence of a small and unrepresentative swill who claim they have some special moral insight into this issue. They don’t.
I want every one of the 20,000 migrant positions we now allocate to refugees to come exclusively from already UN processed applicants for resettlement here, who have been waiting in camps for the longest periods.
I expect everyone to take their turn, regardless of how much money they have for a quick boat passage.
I do not care how heart rending the story is. They join the queue of all the other heart rending stories out their in refugeeland. There are millions out there and we have room for 20,000. End of story.
And just in case these sentimental slobs think we are slacking in this matter, let me remind them that our total net migration in 2010 was 39,000. Refugees are now a very large component of it.
The road to hell is paved with good intentions and the refugee lobbies are its gold plated stepping stones.