UNHCR, the UN Refugee Agency, does not leave any doubt where
it stands in relation to the scandalous legislation being enacted in our
Parliament today, with the support of all the major parties. To quote from
today’s media release on the subject:
UNHCR's longstanding view is that under international law any excision of
territory for a specific purpose has no bearing on the obligation of a country
to abide by its international treaty obligations which apply to all of its
territory. This includes the 1951 Refugee Convention, to which Australia is a
party.
What could be plainer than that? I am pleased to have my own
longstanding understanding of the law confirmed, but would be even more pleased
if our nation’s “leaders” had the moral fibre to do the right thing and head in
the opposite direction, returning Christmas Island, the Cocos Islands and Ashmore
and Cartier Reef to the migration zone.
UNHCR’s media release is short and to the point, so I
reproduce it below in full.
UNHCR Statement: Migration Amendment (Unauthorised Maritime Arrivals
and Other Measures) Bill 2012
31
October 2012
UNHCR
Statement
Migration
Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
UNHCR's longstanding view is
that under international law any excision of territory for a specific purpose
has no bearing on the obligation of a country to abide by its international
treaty obligations which apply to all of its territory. This includes the 1951
Refugee Convention, to which Australia is a party.
UNHCR's preferred position has
always been for all asylum-seekers arriving into Australian territory, by
whatever means, and wherever, to be given access to a full and efficient
refugee status determination process in Australia. This would be consistent
with general practice, and in line with the principle of non-discrimination.
If asylum-seekers are
transferred to another country, the legal responsibility for those
asylum-seekers may in some circumstances be shared with that other country, but
such an arrangement would not relieve Australia of its own obligations under
the Convention.
In this respect UNHCR considers
it imperative that all asylum-seekers affected by the '13 August' arrangements
be provided with a fair and effective asylum procedure, with due process, as
soon as possible, and that any detention of asylum-seekers be strictly in
accordance with Australia’s refugee and human rights law obligations.
UNHCR is increasingly concerned
about the unresolved status of the more than 5,700 people who have arrived in
Australia since 13 August and who are being held in detention in Australia and
Nauru. This effective suspension of processing raises serious legal issues, as
well as concerns for the health and wellbeing of those affected.
Read the original on the UNHCR website here.
No comments:
Post a Comment