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In 2001 Prime Minister Howard tried to distance Australia from the SIEVX tragedy, in which 353 asylum seekers drowned, by repeatedly referring to the sinking as having occurred in 'Indonesian waters'. If there was any doubt then that SIEVX was an Australian tragedy, in 2013 there is none. There are now young kids growing up in Australia, who were born here and speak with Australian accents, who had brothers and sisters who drowned on SIEVX.
Last week asylum seekers had a small win only to have it snatched away, and then were confronted by a more serious attack. Those working with asylum seekers have learned to expect abuse and derision from governments directed against asylum seekers and those helping them. Labor is only moderately better than the Coalition, but at least they occasionally made positive decisions. However these recent events have reached a new nadir.
The new TPV is harsher than the version introduced by the Howard Government, mainly because it has no pathway to a permanent visa — once granted, it is likely that the best you will ever get in Australia is a TPV. The TPV is a punishment, not a deterrent; a cruel visa that reflects the cruelty of the politicians introducing it.
Italians are not necessarily more ethical than Australians, but the attitude of their government and local officials to asylum seekers who arrive by boat is in stark contrast with our own. The Pope called it vergogna — shameful, or a disgrace — that so many asylum seekers trying to get to Italy by boat have drowned. Australia's vergogna lies in its official attitudes of punishment and demonisation.
Labor is subcontracting our international obligations to poor neighbours who do not have the resources to resettle refugees who may well have trauma issues. Not to be outdone in the cruelty stakes, the Coalition has four proposals, each of which has serious flaws. Neither party has a policy that respects relevant human rights issues, or an administrative system designed to ensure the correct decisions are reached.
'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.
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.
Last week’s tragedy of another mass loss of life at sea between Indonesia and Christmas Island focuses our minds yet again on an intractable public policy problem for Australia – our search for a coherent, workable and moral asylum policy.
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.
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.
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