Dr Graham Thom
Following the granting of refugee status to 42 individuals from the Papuan province of Indonesia, the Australian government announced, in April, that it would be introducing legislation targeting individuals who attempted to reach Australia by boat.
This legislation is designed "to broaden the group of people to whom offshore processing arrangements will apply". In this way, the Migration Amendment (Designated Unauthorised Arrivals) Bill, 2006 can be seen as an extension of legislation introduced in 2001 that helped establish the "Pacific Solution". The new legislation will ensure that all unauthorised boat arrivals who reach Australia's mainland will be taken to a third country, most likely Nauru, for processing.
Amnesty International (AI), along with numerous other organisations, members of all major political parties, the United Nations High Commissioner for Refugees, as well as tens of thousands of ordinary Australians have expressed their opposition to this bill. The bill would not only deny humane treatment to asylum seekers and refugees, but would breach Australia's international obligations to some of the world's most vulnerable people.
The bill breaches Australia's international obligations in a number of respects. First, children could again be detained, in direct violation of the Convention on the Rights of the Child. It also directly contradicts the commitment made by the federal government last year that children would be detained only as a last resort.
Secondly, the 1951 UN refugee convention states that individuals should not be penalised for arriving undocumented. Yet this legislation clearly targets those who arrive undocumented by boat. Thirdly, by instructing the navy to turn boats around, Canberra seriously risks returning people to situations where their life is in danger. Fourth, not providing those taken to Nauru with legal assistance and an independent review body again risks mistakenly returning genuine refugees to situations where their lives at risk.
Finally, with limited prospect of those recognised as refugees being resettled in Australia, asylum seekers and refugees alike face being detained indefinitely on Nauru, often with devastating impacts on their mental health.
This bill has recently been examined by the Senate Legal and Constitutional Legislation Committee, whose report maintains that this law should be abolished. The committee made 10 recommendations for amendments necessary if the bill were to be passed.
In summary these are: asylum seekers should only be detained for a "reasonable and specified time"; if settlement for refugees cannot be found in other countries, refugees processed in places such as Nauru should be resettled in Australia; children should only be detained as a last resort; offshore asylum seekers should have access to welfare support, community support and legal representation; all asylum seekers should have access to independent review of decisions; there should be independent monitoring of offshore detention; and an 18-month sunset clause, after which there should be a public and independent review of the bill.
AI welcomes these findings and agrees that these amendments are essential if the bill is to be passed. The committee specifically noted that the bill is at odds with the positive changes made in 2005, which included removing children from mandatory detention. Unfortunately, the government is now attempting to pass legislation that would result in the harsh, unprecedented and inhumane treatment of refugees and asylum seekers.
The proposed legislation would prevent future refugees from becoming great Australians. Refugees who have fled persecution by boat would be denied the opportunity to rebuild their lives here and would not be able to contribute to our rich and diverse society.
Many thousands of refugees have found safety and protection in Australia, and have assisted in the growth of this nation. Many of these arrived by boat. It is important we acknowledge these contributions and call on the federal government to ensure this universal right is not denied to future refugees.
AI calls upon the government to act on the widespread opposition to the proposed legislation, and join with religious groups, community leaders, legal, defence and mental health experts, along with more than 40,000 members of the public, who agree with the Senate committee's call for this bill to be abandoned.
[Dr Graham Thom is the refugee coordinator for Amnesty International Australia.]
From Green Left Weekly, June 28, 2006.
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