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Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
How clever of you to choose the day of the federal election for me to offer these reflections. I come amongst you, not as a publisher or journalist but as an advocate in the public square animated by my own religious tradition as a Jesuit and Catholic priest engaged on human rights issues in a robustly pluralistic democratic society.
'Like many Australians, I had hoped that the dastardly plan announced on 19 July would stop the boats in the short term, as a stop-gap measure. It is dismaying to learn that appropriate consultations had not occurred with Indonesia with the result that the very people who were to receive the shock and awe message are yet to receive it. There’s only one thing worse than shock and awe; that’s shock and awe that doesn’t work because you haven’t done your homework.' 43rd Barry Marshall Memorial Lecture, Trinity College Theological School, 14 August 2013.
Like many Australians, I had hoped that the dastardly plan announced on 19 July would stop the boats in the short term. It is dismaying to learn that appropriate consultations had not occurred with Indonesia, with the result that the very people who were to receive the shock and awe message are yet to receive it. There's only one thing worse than shock and awe; that's shock and awe that doesn't work because you haven't done your homework.
The PNG solution includes permanent exclusion from Australia in a small, poor and violent country already unable to accommodate the refugees from West Papua whom it hosts. Attorney-General Mark Dreyfus claims it complies with international law. A quick glance at the much put-upon Refugee Convention suggests this is may be a rather optimistic assessment.
PNG is not a resettlement country, has few if any resettlement services for a refugee population and is struggling with its own serious law and order and basic services issues. Australia has subcontracted its international obligations to a former colony. Once again the poorer countries of the world are used to warehouse refugees while the richer countries cherry-pick those they deem suitable for resettlement.
This bold move might stop the boats in the short term. If it does, we need after the election to recommit ourselves to providing better regional upstream processing and protection for asylum seekers stranded in Indonesia and Malaysia. Let's hope that whoever is in government after the election can call a truce on the race to the bottom and commit to the hard diplomatic work that is needed.
'I want to outline the contours for a better approach — better than forcibly turning around boats, better than transporting people to Nauru and Manus Island or to Malaysia to join an asylum queue of 100,000 or permitting people to reside in the Australian community but without work rights and with inadequate welfare provision.' Frank Brennan speaks at the Australian Catholic University National Asylum Summit 2013.
It is time for each side of politics to stop blaming the other for the increasing wave of boats and for Gillard to cease invoking the unreal prospect of a revised Malaysia Solution. A revised arrangement consistent with the recommendations of the Expert Panel is an impossibility before the election.
The deaths at sea of nearly 100 Rohingya asylum seekers is a stark reminder that Australia needs to step up its efforts to improve regional protection for asylum seekers. If we are genuinely committed to saving lives at sea, we must bring more to the table than words and Pacific island diversion policies.
Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no. Monday 21 May
25-36 out of 110 results.