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Sociologist Eva Cox heard all the vitriol about boat people when, as a five-year-old Jewish girl, she fled Nazi Germany and headed to Australia. My nine-year-old mother was a different kind of boat arrival: one of 135,000 'child migrants' imported under the 'Populate or Perish' policy.
Suppose that in France under Hitler's occupation, a bloodied man arrived at our doorstep asking for shelter from a Nazi mob. The claim made by the presence of the endangered and injured man would precede questions of fairness and relative need.
In this debate, moral passion is common, especially among those who cast themselves as refugee advocates. But moral passion should not be confused with moral superiority. Any claim to occupy the moral high ground in this complex area of public policy is at best brave and at worst self-serving.
At least adults have a little hope of understanding the pain, and coping with it. Even the most equable of children must find the experience bewildering at best, and agonising at worst. My eldest son had a period of not eating. His migration as a child remains the defining fact of his life.
The Malaysia solution has hit a snag called the High Court of Australia. The Government is now in very stormy waters, because the rule of law and the separation of powers do not readily yield to the sound bites of populist sentiment and the fear tactics of politicians.
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.
An old legal maxim is 'hard cases make bad law'. Maybe complex cases compromise policy. Refugee law and policy is complex and the Malaysian agreement signed this week is another example of a compromise on human rights principles for political expedience.
This is not a regional solution to a regional problem, but a bilateral attempt at solving an Australian problem. To stop the boats, one needs to engage in measures contrary to the Refugee Convention. Church groups can not endorse something they know to be either unworkable or immoral.
Even if the Malaysian government guaranteed the security, sustenance and education of the asylum seekers, the human dignity of those found to be refugees would still be significantly infringed. They would be unable to enter Malaysian society equally, and they have no possibility of prompt acceptance into another society.
The Rudd Government promised positive reforms after a decade of 'boat people'-bashing from the previous government. Three years later, we are back where we were. To understand how this happened it is helpful to overview the changes under Labor and the gradual decline in 'key immigration values'.
Whatever his failings, former Victorian Police Chief Commissioner Simon Overland was a patently good man. His resignation followed a disedifying and concerted campaign against him by media groups, the police union, some of his colleagues and many politicians. It is hard to see any good coming out of this affair.
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