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In the lead up to the election, Tony Abbott and Scott Morrison are sure to continue insisting that the Gillard Government's Pacific Solution Mark II will not work. In all probability this will undermine the efficacy of the Gillard Solution in stopping the boats. Read the full text of Fr Frank Brennan's address to the Migration Institute of Australia, Menzies Hotel, Sydney, 14 September 2012
All major political parties now hope they can confine people in Nauru for years on end without any prospect of court supervision and without any need for Parliament to revisit the matter. We have reached a fork in the road between decency and deterrence. As a nation we have taken the low road, inviting the newest signatory to the Refugees Convention to emulate our indecent behaviour.
Amending the Migration Act to make the old style Pacific solution less susceptible to judicial review errs on the wrong side of decency. The Coalition and the Greens should unite in the Senate to oppose it. In the protection of the human rights of asylum seekers, deterrence must come second to decency and accountability, even when we are trying to beat people smugglers.
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.
The idea of a regional processing centre for asylum seekers requires a lot of detailed diplomatic work. If Gillard is elected Prime Minister, it could be Kevin Rudd's first test as Foreign Minister. Whoever is elected, and wherever such a centre is located, it will not be East Timor.
While many are concerned about returning to processing asylum seekers in poor Pacific countries, Nauru's caretaker president is eager to be involved. Australia should never again be engaged in dodgy deals with this Pacific neighbour. For Nauru, it's all about the money.
Julia Gillard said 'people like my own parents who have worked hard all their lives can't abide the idea that others might get an inside track to special privileges'. Managing similar perceptions in East Timor, where there is a tide of resentment against Australia among parts of the population, will be a challenge.
Julia Gillard insists that the centre in East Timor centre would be properly 'run, auspiced and structured'. For the Australian Government to ensure that such a centre respects the human dignity of asylum seekers will be difficult. Similar arrangements with Indonesia were not satisfactory.
Once again the coalition is inflaming passions about what is actually an insignificant number of people arriving in Australian waters and claiming asylum. Unfortunately the Government is getting caught up in this debate because it insists on maintaining the excision and Christmas Island Centre.
When debating key issues such as the balance between sovereignty and the human rights of asylum seekers, we can sometimes forget that we're dealing with people. What's clear for advocates can pose difficulties for politicians.
A hysterical response to the arrival of boats in Australia could undo the progress we have made away from unjust policy. Most asylum seekers have already experienced serious trauma. To return to a temporary visa regime will separate families for years and cause anxiety.
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