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Last week there were three significant events affecting refugees including, tragically, more deaths. The use of language in the debate about asylum seekers is always striking, and has evolved and adapted over the years. It does not always reflect reality.
It is only because we are an island nation continent that we can entertain the absurd notion of sealing our borders from refugee flows. We must remain committed to resettling bona fide refugees who reach our shores regardless of any regional solutions we put in place to deter them.
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.
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.
When I appeared on Q&A with Christopher Hitchens, a young man asked whether we can 'ever hope to live in a truly secular society' while the religious continue to 'affect political discourse and decision making' on euthanasia, same-sex unions and abortion. Hitchens was simpaticao. I was dumbstruck.
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'.
Voters who'd otherwise position themselves between the conservative Liberals and radical Greens are stranded. They are looking for leaders who would rather lose big on matters of principle than win by a margin on compromised policy. History has shown Labor to be the natural home for such leaders.
Paul Keating said: 'Governments that wander along uncertain about where they are, looking over their shoulder, invariably get run over themselves.' If Labor doesn't stop looking over its shoulder on asylum seekers, it will miss another opportunity to stand up for what it says it believes in.
A litmus test for the health of a democracy is what a Government does when it loses cases in the highest court in the land. The first consequence of yesterday's High Court decision regarding the cases of two Tamil asylum seekers is that many cases will need to be reconsidered.
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.
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