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Behind all the legal technicalities and political argument about boat people, there is room for deeper ethical reflection and a more principled proposal. But first, to clear away some of the debris.
Next week Parliament reconvenes; meanwhile the boats keep coming. Chris Bowen will be armed with a report from an expert panel that has been hearing from the community. We're still awaiting an answer on unaccompanied minors under the Malaysia solution. Until one is provided no one in good conscience can give it the tick.
Can Abbott and Morrison be serious about turning back the boats? Do they really want to expose the Navy to the fear, the rage, the encouragement to self-harm and lethal criminality, the emotional damage, the risks to Australian-Indonesian relations that have beset past turn-back policies?
When distress calls come from asylum seeker boats, Australia's current policy is to rescue by choice. Many of the calls come from the Indonesian search and rescue region. To its credit, Australia usually responds to these calls. But not always. Sometimes we pass them to the less well equipped Indonesian search and rescue authority BASARNAS and wait to see what happens.
It should be mandatory for anyone writing on asylum seekers to spend time visiting detention centres. Many commentators ignore the hard work of those who have. Moreover the politicians are too poll driven to even explain the human desperation that leads to boat journeys.
Migrants and refugees find Australia attractive because the rule of law generally functions well. If mob rule prevails, as is threatening to occur in the case of Craig Thomson, Australia will lose its lure and the politicians could finally have their wish because the boats will stop.
Tony Abbott did not mention the term 'human rights' in his 3000 word speech to the Institute of Public Affairs on Friday. 'Illegal' appeared 11 times and 'asylum' once. In February, Antonio Guterres, the UN High Commissioner for Refugees gave a 3000 word speech to the Lowy Institute. A search of that speech finds 'human rights' five times, 'asylum' 21 times and no use of 'illegal'.
The Titanic has become the symbol of the end of a swaggering era marked by great self-confidence and belief in inevitable progress. It suggests that whenever swagger begins to walk the streets it is time to head for the lifeboats. We find it hard to apply this lesson to the circumstances of our own times.
Australia's refugee processing regime saw two major reforms take effect on Saturday. They bring Australia into line with the EU, Canada and New Zealand. The changes are welcome but do not go far enough.
The High Commissioner for Refugees has warned Australians about 'populist explanations ... and fears that are overblown'. He clearly had the Coalition in mind. One-liners and slogans don't make for credible refugee policy. Neither does recycling failed policies of the past.
A lot of people refused to leave. Sydneysiders with waterfront properties could not fathom that the mansions that had cost them millions of dollars were going to be under water. There were stories of eastern suburbs socialites loading their antiques into boats. And drownings. Lots of drownings.
The Malaysian solution is unprincipled, but it might just work — stopping the boats. If other countries try to replicate it, we will have to tear up the Refugee Convention and start again. And the plight of unaccompanied minors transported from our shores to Malaysia will be on our conscience.
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