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Act 4 Asylum Seekers - YES AGAIN!
April 24, 2006 · Print This Article
The UnitingJustice website has been updated to include a new fact sheet on the Government’s recent plan to extend the Pacific Solution, and a revised fact sheet on the campaign to end Refugee Warehousing. The Government plans to deport refugees who arrive in Australia without a valid visa, denying them resettlement under Australian law.
These materials, along with our earlier Call to Action around this issue can be accessed via the following link:
fhttp://assembly.uca.org.au/unitingjustice/reconcilinghumanity/asylumrefugees/index.htm#info
They can also be found by following the links on our homepage at
http://nat.uca.org.au/unitingjustice
Thanks,
UnitingJustice Australia
Asylum Review
In response to negative Indonesian reaction to the granting of protection visas to 42 of the 43 West Papuan asylum-seekers who reached the Australian mainland by boat in January, the Prime Minister has proposed changes to Australia’s laws regarding asylum seekers.
In summary the changes mean that:
• Any asylum seeker who arrives on any part of Australia by boat will be taken to Pacific Island detention (Nauru, PNG or Christmas Island) for processing.
• These asylum seekers will not have access to the Australian refugee determination process.
• Australian naval patrols will be increased to intercept boats of asylum-seekers (possibly cooperating with Indonesia to do this).
Please use the information below to urgently contact the media and politicians to raise concerns about these policies. Full contact details for newspapers, talkback radio and Senators and MPs is available at www.tear.org.au/advocacy/refugees/westpapua.php
A list of Senators and Cabinet contact details here.pdf and here
Legislation enacting these changes is likely to be put before Parliament in the Budget sitting week (9 - 11 May) so it is crucial that you contact your MP and State Senators before then. Ask MPs and Senators to:
• Seek a meeting with the Prime Minister and Immigration Minister and express their concerns about the legislation.
• Ask the Prime Minister not to bring forward legislation that will breach our international obligations, reverse the hard-won reforms of 2005 and change Australian law at the behest of Indonesia.
Ben & Age
From Bens email
What’s wrong with the proposals?
The proposals breach our international obligations
The policy announced by the PM breaches Australia’s international obligations under the 1951 UN Refugee Convention.
Article 31: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened, enter or are present in their territory without authorization.
It’s clear that this policy imposes a penalty on asylum-seekers arriving in Australia by boat. If transferred to Nauru, they will be denied assistance to apply for asylum and will simply be assessed by Australian officials whose decisions will not be subject to independent scrutiny. They will not be able to access the Australian legal system or courts. They will also be placed for an indefinite time in conditions proven to cause enormous mental and physical distress.
Article 33: No Contracting State shall expel or return (”refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
The Prime Minister announced increased use of the Australian navy to intercept boats of asylum seekers arriving in our territorial waters. If West Papuan asylum-seekers are turned back, or passed on to Indonesian forces, this would amount to refoulement - return to the frontiers of the territory in which they face persecution. This policy is likely to have negative impact on the morale of naval officers forced to implement it, as it did during 2001-02.
Even if people arriving by boat are found to be refugees, Australia will accept no obligation but to ask if other countries will take them. They will be left in detention indefinitely. This will occur despite the detailed evidence of the damaging effects of long-term detention to mental and physical health.
The proposals retreat from Georgiou’s reforms
These proposed laws are a reversal of the positive steps won by Petro Georgiou and other MPs. Women and children will again be detained under the proposed policy. There will be no effective time limit on the amount of time a person, including a child, can spend in detention. The ombudsman will have no power to report on the duration or conditions of detention for anyone held in Pacific Island detention centres. In fact, none of the 2005 reforms to the Australian Migration Act will apply - the whole of Australia’s coastline will be excised.
The proposals rewrite Australian laws to appease Indonesia
The policy shift clearly signals that Australian policy and processes may be changed if the diplomatic and political pressure brought to bear by another country is strong enough. It also signals that a concern for human rights must be subordinated to maintaining relations with Indonesia.
While seeking to maintain a good relationship with Indonesia is a valid political objective, and support for Indonesia’s territorial integrity is Australian Government policy, these concerns should not be promoted at the expense of protecting the rights of refugees and living up to our international obligations. The US State Department has reported on human rights abuses, including rape, torture, and killings perpetrated by the TNI (Indonesian military) against West Papuans. Australia is obliged to provide protection to anyone (including West Papuans) in our territory who has a “well-founded fear of persecution.”
The Australian Government must indicate to Indonesia and the world that:
• Australia has international obligations to protect the rights of asylum-seekers and will continue to maintain a system to assess valid claims and provide protection that is free from political interference.
• Providing protection to West Papuans on the grounds that they face persecution for their political opinions and actions does not mean that the Australian Government endorses those opinions and actions.
• Australia supports actions by Indonesia to exercise full civilian control over the TNI and fully protect the human rights of all Indonesian citizens.