Government Meville action illegal

December 10, 2003
Issue 

BY RUTH RATCLIFFE

DARWIN — On December 3, 70 people attended the Refugee Action Network's final event for the year, a public meeting on the politics of temporary protection visas.

The meeting was addressed by lawyer Colin McDonald, Fran Tolhurst of the Afghan Refugee Support Network, and Katrina Menara, a nurse and member of the Refugee Health Network.

McDonald documented the illegality of the government's actions following the arrival of the Minasa Bone on Melville Island, near Darwin, with 14 Kurdish asylum seekers. "This was the first time a ship had entered Australian waters and then been towed away, not even to any of the 'Pacific solution' islands but to Indonesia, a non-signatory of the UN charter on refugees", McDonald said.

The hurried attempt by the government to retrospectively excise Melville and 3000 other islands has since been found to have been signed too late to legally cover the actions of the Australian Navy in towing the Minasa Bone and the Kurdish asylum seekers to Indonesia.

McDonald pointed out that of every 100 Kurds who apply for refugee status, between 86 and 91 are found to be refugees, even under the existing regime. "But did anyone ever say sorry?", he asked. The audience murmured agreement as McDonald concluded: "I am deeply concerned, we seem to have lost a sense of shame about issues of deep public morality."

Tolhurst spoke of the situation of five Afghan men, resident in Darwin, who had arrived in Australia just after the introduction of laws which will mean they will only ever be eligible for temporary protection visas despite being given refugee status.

She brought tears to the eyes of many as she described the persecution these men, all Hazaras, would face if they were forced to return to Afghanistan. She reminded those gathered that the Australian government's own official travel advice describes the situation in Afghanistan as "extremely hazardous" and advises against all travel outside Kabul.

"Sending my friends back to Afghanistan is like the Taliban practice of sending them to walk through a mine-field. They may survive and live very long lives, but they probably won't. These men are not a nameless, faceless threat to the Australian community, they are our friends and work mates, members of our community. Everyone here can play a part and has a responsibility to make sure their most basic human rights are met".

To get involved with the Refugee Action Network phone Anja on (08) 8985 2393 or email <refugeesarewelcome@yahoo.com>.

From Green Left Weekly, December 10, 2003.
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