Showing posts with label Politics. Show all posts
Showing posts with label Politics. Show all posts

21 June 2013

Act first and think later


A comment by Richard Farmer in today’s edition of Crikey – a comment with which I can only agree.

Act first and think later
A common thread in the way our federal government performs is the tendency to talk and act first and think later. The evacuation of families from Manus Island is just the latest example. I am sure that governing would be far better if ministerial private staffs were reduced back to the meagre levels of 40 years ago and advice was given instead by public servants.

02 December 2012

Andrew Farran to Scott Morrison MP


Guest post by Andrew Farran

On 20th Nov. 2012 I received a copy of a press release issued by the Shadow Minister for Immigration, Scott Morrison MP (see below). As will be apparent from my letter to the Australian Financial Review (published 20.9.2011 – see Andrew Farran to AFR on asylum policy), now over a year ago, I am no fan of the Government's policy on Refugees and Asylum Seekers. Neither am I a fan of the Coalition's policy, notwithstanding that I am a member of the Liberal Party.

As an international lawyer the press release prompted me to offer the following comments to Mr Morrison: 

1.         It is a distortion of language to group all these people as "illegal arrivals". That is rabble rousing stuff. If these people are legitimate asylum seekers or refugees, as most are, it is prejudging matters to describe them as 'illegals'.

2.         The point about having a foreign policy more focussed on Jakarta than Geneva is an implicit rejection of international law. Geneva is of course identified as a seat of international institutions and international good practice aspirations, and has been so since 1919. I need not say more. 

3.         To engage the navy in activity designed to deny internationally protected persons their legitimate rights at sea is an abuse of naval practice and tradition. To go too far in this direction is to risk extreme breaches of international law and practice - with consequences.

Are these really Liberal values and aspirations? 

Andrew Farran
Beaumaris, Victoria


On 20/11/2012, at 6:48 PM, Scott Morrison MP emailed:

Andrew,

The latest two illegal boats to have arrived in Australia, brings the total number of illegal arrivals to more than 30,000 people under the Rudd/Gillard government.

This is more illegal arrivals than the entire populations of centres like Warrnambool (29,286), the Blue Mountains (29,770), Albany (26,644). Mount Gambier (25,200), Alice Springs (24,210) Devonport (22,770) or Mount Isa (20,569).

More than half of these illegal arrivals have occurred during this year alone and Labor’s failure on our borders is worsening by the month, with an average of 2,000 now turning up every month.

The 30,000 people that have arrived illegally by boat under Labor compares to less than 300 during the last six years of the Howard government. That’s more than a one hundred fold increase.

It is clear that Labor doesn’t have a plan to stop the boats, just like they don’t have a plan to grow the economy.

It’s hard to have confidence in a government when it doesn’t keep the borders safe and secure. Labor just can’t stop the boats.

The Coalition has a plan to make our borders safe and secure again.   We will:
 

  • Give the Navy instructions to turn the boats around where safe to do so.  Just like they did under the Howard Government;
  • We will re-introduce Temporary Protection Visas and deprive the people smugglers of their business model, by denying them a product to sell – permanent visas with family reunion;
  • Work more effectively with Indonesia to stop people coming into our region, by having a foreign policy that is more focussed on Jakarta than Geneva, with Tony Abbott visiting Indonesia within a week of an election;
  • Support Sri Lanka to stop people leaving their shores and returning those coming on boats from Sri Lanka before they reach our waters; and
  • We will abandon Labor’s half-hearted approach to border security and restore the proven resolve of the Howard Government.

After more than 30,000 illegal arrivals, Australians want safe and secure borders again.

The Coalition will restore the successful border security policies and proven resolve of the Howard Government.

Policies and resolve that stopped the boats.

Regards,


Scott Morrison MP
Shadow Minister for Immigration and Citizenship

Andrew Farran to AFR on asylum policy


On Tuesday 20 September 2011 the Australian Financial Review published a letter from my friend and colleague Andrew Farran, that seems to have even more relevance today than when it was published:

The Editor
The Australian Financial Review


Sept. 20, 2011


Dear Sir,


If the government proceeds to amend the Migration Act by removing the rights and protections accorded to asylum-seekers and refugees under the UN Refugee Convention (1951) and Protocol (1967), it would in effect be denouncing the Convention.  It may as well go the whole way and do it formally, giving 12 months’ notice under Article 40 of the Convention.

While international law may not be directly enforceable in domestic law, treaty commitments carry a duty to incorporate, and a presumption that their provisions would be construed in the courts to further their purpose without undue derogation.

If the government has problems with the Convention, as apparently it does, there is the right to request its revision under Article 45. It cannot pretend to be adhering to its international obligations while stripping these out of domestic law. Nor, as the High Court has made clear, can any number of Ministerial declarations regarding the rights and  protection of refugees and asylum seekers in another jurisdiction stand up if a legal basis for those rights and protections does not exist in that other jurisdiction, as is the case with  both Malaysia and Nauru.

Use of terms in legislation relating to arriving refugees and asylum-seekers such as “unlawful non-citizen” and “offshore entry person”, regardless of the fact that under the Refugee Convention their arrival per se is not “unlawful”, and that they may already be on our territory, is prejudicial. Under the proposed changes it would appear that these persons will be treated as “unlawful”, and the distinction of being on-shore and off-shore will be irrelevant in exercising the new powers of deportation.

While Convention obligations may be excepted on national security grounds, this has to be shown to be the case with each individual, which would be a long shot indeed in most cases.   

Yours, etc.

ANDREW FARRAN
Beaumaris, Vic.

30 November 2012

Paris Aristotle on asylum policy


If it were not already obvious that any similarity between the Government's approach to asylum seekers and the recommendations of the Houston Panel is entirely coincidental, the op-ed by Paris Aristotle published in the Tuesday edition of The Age should put the matter beyond doubt.

While I don’t like the Houston Panel’s solution, it is much better than the approach the Government has taken since the Panel reported; whereas the Panel was at pains to emphasise the integrated nature of its recommendations, the Government has simply picked up the nasty bits, proceeded with indecent haste to fling people in the direction of Nauru, and done little if anything about the main body of the recommendations.

The key paragraphs of Aristotle’s piece are:

The panel presented an integrated package of 22 recommendations knowing it would take time to implement them and have the desired effect. The report's most important components were measures to establish an effective regional processing and protection framework that would build a safer system. Increasing the humanitarian program to 20,000 places immediately and to 27,000 over the next five years, adding 4000 places to the family migration stream and $70 million dollars to improve regional processing underpins these measures.

However, there were also strong measures designed, not to punish, but to discourage people risking their lives while a better system is created. They included reintroducing processing on Nauru and Manus Island; building on and implementing the ''Malaysia Arrangement'' and increased co-operation with Indonesia.

To mitigate the associated risks the panel recommended safeguards. They include no arbitrary detention, appropriate accommodation, legal assistance and merits review, an oversight group and services such as health, mental health, education and vocational training. To date not all of these measures have been implemented, particularly in terms of appropriate accommodation and the processing of claims. They are designed to ensure processes comply with our convention obligations. Both Australia and Nauru are signatories to the convention and therefore should implement these measures without delay.

On the Minister for Immigration’s draconian announcement last week he says:

The announcements last week to disallow asylum seekers work rights and timely access to family reunion, even after they have been found to be a refugee, were not recommendations of the panel. The minister on Monday clarified that these measures were not associated with the panel recommendations. I welcome his commitment to work further on this with community groups and his advisory committee in the coming months.

The measures are highly problematic because they are a punitive form of deterrence in response to a specific and new phenomenon in people smuggling from Sri Lanka that the government believes is for economic reasons as opposed refugee protection. This is best established by properly and quickly processing their claims. Those that are refugees should be protected and those who are not can be returned.

He also has some news for the Coalition:

The coalition's proposal to slash the humanitarian quota back to 13,750 places and reintroduce temporary protection visas also makes little sense. These measures offer little in terms of a longer-term regional response.

Read Paris Aristotle’s article in full here.

29 November 2012

Asylum seekers: Phillip Adams talks to Julian Burnside


Driving home from an outing on Tuesday evening I tuned into Late Night Live on ABC Radio National and picked up Phillip Adams talking to Melbourne barrister, and refugee and human rights advocate Julian Burnside QC.

Burnside was invited onto the program to provide some context to the debate and propose a wasy forward.  It makes very compelling listening, which you can download or stream from here.