Here is a statement made on 24 July in Geneva by Filipo Grandi. How many times do we have to be told we are behaving badly? Blame: Howard, Ruddock, Rudd, Gillard, Marles, Abbott, Morrison, Turnbull, Dutton…
All of them dishonest. All of them have committed crimes against humanity by their indefinite imprisonment of innocent human beings.
Geneva, 24 July 2017 Statement by Filippo Grandi, United Nations High Commissioner for Refugees
Australia must end harmful practice of offshore processing
Australia’s policy of offshore processing in Papua New Guinea and Nauru, which denies access to asylum in Australia for refugees arriving by sea without a valid visa, has caused extensive, avoidable suffering for far too long.
Four years on, more than 2,000 people are still languishing in unacceptable circumstances. Families have been separated and many have suffered physical and psychological harm.
In light of this dire humanitarian situation, last November UNHCR exceptionally agreed to help with the relocation of refugees to the United States following a bilateral agreement between Australia and the US. We agreed to do so on the clear understanding that vulnerable refugees with close family ties in Australia would ultimately be allowed to settle there.
UNHCR has recently been informed by Australia that it refuses to accept even these refugees, and that they, along with the others on Nauru and Papua New Guinea, have been informed that their only option is to remain where they are or to be transferred to Cambodia or to the United States.
This means, for example, that some with serious medical conditions, or who have undergone traumatic experiences, including sexual violence, cannot receive the support of their close family members residing in Australia.
To avoid prolonging their ordeal, UNHCR has no other choice but to endorse the relocation of all refugees on Papua New Guinea and Nauru to the United States, even those with close family members in Australia.
There is no doubt these vulnerable people, already subject to four years of punishing conditions, should be reunited with their families in Australia. This is the humane and reasonable thing to do.
The Australian government’s decision to deny them this possibility is contrary to the fundamental principles of family unity and refugee protection, and to common decency.
UNHCR fully endorses the need to save lives at sea and to provide alternatives to dangerous journeys and exploitation by smugglers. But the practice of offshore processing has had a hugely detrimental impact. There is a fundamental contradiction in saving people at sea, only to mistreat and neglect them on land.
Australia has a proud humanitarian tradition, manifested in its support for overseas aid and its longstanding refugee resettlement programme. I urge Australia to bring an immediate end to the harmful practice of offshore processing, offer solutions to its victims, for whom it retains full responsibility, and work with us on future alternatives that save lives at sea and provide protection to people in need.
At a time of record levels of displacement globally, it is crucial that all States offer protection to survivors of war and persecution, and not outsource their responsibilities to others. Refugees, our fellow human beings, deserve as much.
Background Approximately 2,500 refugees and asylum-seekers have been forcibly transferred by Australia to ‘offshore processing’ facilities in Papua New Guinea and Nauru since the introduction of the current policy in 2013. Of these, some 1,100 remain in Nauru and 900 in Papua New Guinea.
Following the Australia-US bilateral agreement on relocation, UNHCR has referred more than 1,100 refugees to the US over the past eight months. Another 500 people are still waiting for the outcome of the refugee status determination processing being carried out by authorities in PNG and Nauru, under the Australian arrangement.
Here is a press release from the Refugee Action Collective concerning the demolition of Charlie compound in the Manus Island detention centre. You will see from this that the Australian government, and its contractors, seem to regard the well-being of the refugees as irrelevant:
Refugee Action Coalition
MANUS HUMAN RIGHTS TRASHED AS REFUGEES FORCED TO MOVE
Charlie Compound, where ten Rohingya, Pakistani and Afghan refugees have been living for a month has been demolished after power and water was cut off and the refugees were evicted by PNG police and immigration officials last week. (Photos attached.)
The eviction and demolition are the latest moves by an increasingly desperate government to try and force people out of the detention centre to meet the deadline for the end of the Ferrovial contract on 31 October.
The ten refugees have been living in Charlie since Border Force announced that the Foxtrot compound was being closed at the end of June. They have been forced to try to find accommodation elsewhere in the detention centre defying attempts by Border Force and PNG immigration to force them to move to the East Lorengau Transit Accommodation, closer to the Lorengau settlement on Manus Island.
But there are fewer places for them in an increasingly crowded camp.
The latest notice inside the detention centre days that there are 102 days until the detention centre closes. But only people determined to be refugees are allowed in East Lorengau but it is unsafe and has even fewer services than the detention centre. There are around 60 refugees presently living at East Lorengau, but, in turn, they are being pressured to sign agreements to be resettled in PNG. Although PNG has no resettlement arrangements. The few who have signed for PNG resettlement are living precariously in Port Moresby.
Refugees have again been told that Foxtrot compound is going to be closed ‘in the next few days’. But there is nowhere for them to go.
To make space within the detention centre, refugees will have to forced to move out of Oscar and Delta compounds to East Lorengau. Yet East Lorengau, has room for only around 280 and there are over 700 refugees in the detention centre.
There are around 60 refugees at East Lorengau, who are being pressured to sign agreements to be resettled in PNG.
Any forced closure of Foxtrot would create badly overcrowded and unsanitary conditions inside the detention centre.
Neither Border Force nor PNG immigration have any legal power to use force on refugees inside the detention centre. In April 2016, The PNG Supreme Court found that all the Manus detainees are being held unlawfully.
“Withdrawing power and water, closing down accommodation areas, ending services and activities have become the method of choice for Border Force to pressure the refugees,” said Ian Rintoul, spokesperson for the Refugee Action Coalition.
“They hope by creating intolerable conditions, they can force enough people out of the detention centre. This kind of coercion amounts to further human rights abuses of people the government has no right to imprison. Such abuses that have already cost them $70m million in damages for the years of unlawful detention.
“Things are coming to a head. Minister Dutton says he wants to close the detention centre but there is nowhere in PNG to put the asylum seekers and refugees and no third country. There is no prospect of refugees from Manus being settled in the US before the deadline.
“That leaves Australia – a choice the Minister, and the Labor opposition will find the decision hard to swallow. But it is a dilemma of their own making. The sooner everyone is brought to Australia, the sooner they will get the safety and security they need. “
For more information contact Ian Rintoul 0417 275 713
Demolition of Charlie Compound
I have received a first-hand account of how things are on Nauru at present. It’s not good. How much are we paying each year to maintain out offshore warehousing? $500,000 per person per year…
Sounds like pretty bad value.
Nauru is a very small island nation. It is smaller in area than Tullamarine Airport in Melbourne. Here is the report I received. I have edited it slightly to ensure that the person who wrote it cannot be identified:
The ring road (the only real road) is 23 km long. From the ring road you can drive up to the Island’s centre, which is elevated. There, it is much hotter without any breeze like you get on the ring road. On this elevated plateau are the RPC’s (Reception and Processing Centres).
RPC1 is occupied by service providers like Broadspectrum and IHMS.
Due to lack of housing, ‘positives’ remain located in either RPC 2 or RPC3. So-called ‘settlements’ are scattered around the ring road and most refugees prefer to live there, because there is access to the ocean, the shops and a cooling breeze.
HOST International works from the Community Resource Centre, located close to the airport on the ring road. HOST employs refugees in numerous positions. Some work as IT support, some as community liaison officers, others as employment officers. In the office, refugees are treated with respect by ex-pats. In the office are also Nauruans. They are part of the government and predominantly work in housing, employment and child protection.
Australia’s history with Nauru centred on phosphate mining. By nature, Nauruans are not hard working. Think Fiji, Rarotonga, Vanuatu…developing countries. Not as poor as PNG, but nevertheless without much prospect, mainly due to its isolated location and tiny size.
The Nauru government holds all power. This power is absolute. They issue or, as the case may be, withdraw visas for ex-pats. Land can only be owned by Nauruans (this is a very important issue). Nauruans in general are not well educated. However, they are well looked after: they have land, they do not pay rent and they have been given power over ex-pats and refugees, because after all, it is their island.
So, imagine this tiny island being run by not so well-educated, entitled people: Nauruans feel they are very, very precious and every single ex-pat and refugee have to bow to their whims. It leads to unrealistic situations. Example: ex-pats and refugees-are told over and over again that they MUST NOT overtake Nauruans while driving on the ring road. They must be extremely cautious NOT to splash Nauruans by driving through water. Consequences are dire: Nauruans will cut off your car and bash you up, regardless of age or sex. Example: One refugee who works on Nauru, accidently cut off a Nauruan. Before he could apologise, the Nauruans got out of their car and bashed up the refugee very badly. No point going to the police because they are Nauruans also. Refugees are routinely bashed up by angry locals for no specific reason. Nauruans are a very jealous people. Example: Some Iranians refugees had settled on the ring road. They started a business – as many try to – by renting a huge house on the beach front and converting it into a restaurant. Hard working, and with stunning ocean views, the business thrived. Soon the Nauruan landlord found out, and told them to pack up. He simply evicted them. The building has been empty ever since.
Housing is a real issue. Some Nauruans are extremely rich but they do not want refugees to live in their houses. So, all along the ring road you see empty, neglected houses and units which could easily house numerous refugees who are instead housed in the hot and oppressive camps (“Reception and Processing Centres”). No-one can do anything: it is in the hands of the Nauruans.
In the office, ex-pats have to be very careful talking to Nauruan staff. Nauruan staff MUST always be in the right. If not, they simply revoke your visa. Example: An Australian worker had a difference of opinion with a Nauruan staff member. Within half an hour that person’s visa was revoked and he was transported to the airport, never to return. HOST International is powerless to stop any of this. Employees are warned by HOST, to be very careful NOT to criticise Nauruans or their government, because it is not possible to know what is being overheard.
When it comes to dealing with foreigners, Nauruans, and the Government of Nauru, have all the power and, although many welcome refugees on their island, many do not. Refugee children are bullied at school but the Nauru Government has no policies in place with respect to child protection. It is all new to them and they are unwilling to take advice from experienced ex-pats. Refugees have limited opportunities: They can NEVER own land, they are ALWAYS at the mercy of ruthless landlords, jobs will go to Nauruans first and, even if a refugee manages to get a job, they can easily lose it due to jealousy of the Nauru Government. Most refugees who are employed, are employed by HOST or by Broadspectrum.
Never forget the lesson of Martin Niemoller.
The lesson is: when government’s misbehave, it’s just a matter of time before they will come for you.
Recently, two Australian citizens arrived back in Australia after a long overnight flight.
They had nothing to declare and filled out customs declarations accordingly. The dogs sniffed their bags, legs etc and soon lost interest.
Nevertheless the Australian Border Force people (ABF) decided to single them out for closer inspection. ABF staff were particularly unfriendly and treated them as suspects.
It was 6 am and ABF turned the Australians’ luggage inside out. They took X-rays of the luggage, but found nothing. Not surprising, as there was nothing to find.
But ABF then decided to confiscate the travellers’ iPhones, iPads and laptop computers. They kept the travellers at the airport for almost 2 hours. Finally, they said that the travellers – two Australian citizens who had just returned from a holiday – were suspected ‘people smugglers’.
ABF then confiscated the travellers’ iPhones, iPads and laptop computers “for forensic testing”. They kept them for the next ten days. Nothing was done to protect their personal, private and confidential information on their electronic devices.
During the ten days they kept the electronic devices, ABF made NO effort to contact either of the Australian citizens. Instead, the citizens had to chase ABF in an attempt to have their electric equipment returned.
Eventually the equipment was returned. The Australian travellers have not been charged with any offence (probably for the good reason that they had committed no offence). But there was no apology from ABF, and no explanation.
Just for a moment, try to imagine how it feels: You arrive back in Australia tired, the ABF men in black rummage through all your luggage and then keep your iPhone, iPad and computer for ten days. I thought that’s what happened in Police States. But with two former Queensland policemen in charge (Dutton and Quadvlieg), expect the unthinkable.
Be aware, be very aware!
And remember the words of Martin Niemoller (he is in the centre of the photograph of people taken in by the Nazis), the Lutheran pastor who was taken in for questioning by the Nazis in July 1938:
When they came for the Communists I said nothing, because I am not a Communist.
When they came for the trade unionists I said nothing, because I am not a trade unionist.
When they came for the Jews I said nothing, because I am not a Jew.
And when they came for me There was no-one to speak for me.
On 1 July 2017 I gave the inaugural Ralph Summy lecture for Ngara.
The event honoured Ralph Summy and was also the occasion of the award of the inaugural Australian Activists of the Year Awards. The winners were Murrawah Johnson and Adrian Burragubba of the Wangan and Jagalingu Traditional Owners Family Council, for their tireless work in opposing the Adani coalmine, which will destroy the traditional lands of the Wangan and Jagalingu.
NGARA: Inaugural Ralph Summy Speech: 1 July 2017
WHAT SORT OF COUNTRY ARE WE? WHAT SORT OF COUNTRY CAN WE BE?
Ralph Summy; … Two steps forward, one step back; … The Melian dialogue; … Slavery.; … The Zorg; … The American Declaration of Independence; … Dred Scott; … The Declaration of the Rights of Man; … The Universal Declaration of Human Rights; … The Trevorrow case; … Australian Values; … Conclusion
Today’s talk is given in honour of Professor Ralph Summy.
Professor Summy taught political science at the University of Queensland for more than 30 years. He established an interdisciplinary major in peace and conflict studies.
In 1971 he wrote a thesis called Australian Peace Movement 1960-67: A Study of Dissent. He wrote it for the purpose of a Master of Arts at the University of Sydney. It is an interesting thesis because it covers the history of a movement of which I was vaguely aware during my years of blind passivity. The period covered by his study begins in 1960 (when I was in Grade 6 at school, and hopefully I can be forgiven for not paying attention to what was going on) and ends in 1967, which was my first year at university and had become vaguely aware of things that were happening. The big name in political activism during the years that I remember included Jim Cairns. Jim Cairns gets numerous references in Ralph Summy’s thesis. It is easy to forget these days that the big issues back then included the nuclear arms race, the war in Vietnam and (in Australia specifically) conscription. I was acutely aware of the war in Vietnam and conscription because my birth date had come out of the ballot, by which people were chosen for conscription, and because I was a university student when I turned 18 I was able to defer my call-up until I finished my degrees. I finished at university in 1972. The Federal election that year was fought at least in part on the issue of conscription, and I was due to be called-up at the start of the following year. But Gough Whitlam won that election, and had promised during his election campaign to abolish conscription. He did so and as a result I wasn’t called up. That was a relief, of course. But it has to be conceded that I had voted against self-interest in December 1967, because I voted Liberal.
It is easy to forget that the 1966 election followed shortly after Harold Holt (who was then Australia’s Prime Minister) had said that Australia would go “all the way with LBJ”.
It is also easy to forget that Holt had been given the Prime Ministership by Sir Robert Menzies, who had begun his record run as Prime Minister of Australia in 1949 (the year I was born – I didn’t catch up with the news until a bit later) and Liberals continued to hold government in Canberra until 1972. Ralph Summy’s thesis includes the useful reminder that a Victorian SOS pamphlet included this sentence: “Why … the Menzies-Holt government committed Australian troops is because the government believes that Australia must blindly follow American policies in order to consolidate the Australian-American alliance, which the government regards as necessary to Australian security”.
The more things change, the more they remain the same.
The catchcry “all the way with LBJ” was universally recognized in Australia, although it originated in America. In March 1964, Democrat Party supporters in New Hampshire called “all the way with LBJ and RFK”. In October 1966, LBJ visited Australia and Harold Holt declared that Australia was “all the way with LBJ”. Holt had been treasurer until January 1966, when Robert Menzies stepped down as Prime Minister and handed over to Holt. Holt was sworn in as Prime Minister on Australia Day 1966. (Interestingly, his first Cabinet included Billy McMahon, John Gorton and Malcolm Fraser). LBJ’s visit to Australia was usefully timed in October 1966, because the Federal election was held in November that year.
Holt’s declaration that Australia would go “all the way with LBJ” was wildly contentious, because of course it was a direct reference to Australia’s continued involvement in the war in Vietnam. Holt disappeared in late December 1967, presumably drowned at sea near his beach-house at Portsea. So, his big issue and his death fit neatly into Ralph Summy’s thesis.
Summy’s thesis notes that the Parliamentary party of the ALP had made known in May 1966 that conscription would be a major issue in the election later that year. Arthur Calwell in a motion of dissent from the policies outlined by Harold Holt in his first statement as Prime Minister, noted as the first item “emphatic opposition to the dispatch of conscripted youths for service in Vietnam”. It is easy to forget what a contentious issue conscription and the war in Vietnam had been. It is altogether fitting that this speech is in honour of Ralph Summy, whose thesis provides such a powerful reminder of the simple truth that political activism can ultimately achieve results.
Tonight we honour Ralph Summy.
Two steps forward, one step back
Because Ralph Summy was an activist, and because the Australian Activists Award is to be presented tonight, I was asked to keep my talk largely upbeat. After all, activists should not be discouraged.
It will be no surprise to anyone here that occasionally I find it difficult to remain upbeat in my pursuit of something approximating justice for refugees in Australia. However, it is important to notice that political activism sometimes takes a while to meet its mark (for example, the activism summarized by Ralph Summy and which was in large part responsible for the end of conscription and the end of Australia’s involvement in the Vietnam War). And equally it is important to notice that various other forms of political activism have also produced striking and enduring results – results which should still be celebrated.
The cause of human rights often advances and then slips back. We are in a slippage phase at present.
My general proposition tonight is that the slippage phases should not discourage us: taken in the long sweep of history, the activists are helping humankind make progress.
The Melian dialogue
Although I am sure there are many earlier examples, it is useful to start with Thucydides’ History of the Peloponnesian Wars. The second Peloponnesian war ran from 431BC until 404BC. Athens wasn’t doing too well and decided that it needed a launching place somewhere close to Sparta. The island of Melos was an ideal candidate. But the island of Melos had never done anything to harm the Athenians and was, in all possible respects, a neutral. The Athenians sent a delegation to speak to the commissions of Melos and explained to them fairly bluntly that they were planning to take over Melos and that there was an easy way and a hard way. They acknowledged that the Melians had never done any harm to the Athenians but then pointed out that this was irrelevant “You know as well as we do” they said “that justice is only relevant between equals in power. Where power is unequal, the strong do what they will and the weak suffer what they must” (the Melians stood their ground and Athens took them over the hard way: they murdered the men and raped the women).
Although it is easy to be cynical about our conceptions of justice, the legal system still aims to achieve justice and in particular justice of a kind which does not depend on whether the antagonists are equal in power or one weak and the other strong. It may not be a perfect system, but at least its objectives have taken us some distance from the theoretical underpinnings and harsh consequences of the Melian dialogue.
Let me give another example of progress. It is easily forgotten how differently slaves were seen before the heroic and pioneering work of William Wilberforce in the late 18th and early 19th Centuries. Before Wilberforce started campaigning against slavery, slavery was common and accepted and, in some places at least, was regarded as fundamental to the continued economic prosperity of the British Commonwealth.
In 1781, a ship variously called The Zorg or The Zong (one appears to be a misreading of the other) set sail from the coast of West Africa, bound for Jamaica. The captain was Sir Luke Collingwood. As was the custom at the time, its cargo was fully insured.
The cargo comprised 470 slaves.
Because of faulty navigation and changes in the weather, supplies of food and water on the ship looked as though they might not last the distance. By the 29th November, 1781 overcrowding together with malnutrition and disease had resulted in the deaths of seven crew members and about 60 slaves. Captain Collingwood decided to throw a further 133 slaves overboard. By that extreme measure, he hoped that the remaining food and water would be sufficient for the balance of the voyage.
Perhaps not surprisingly, the case ended up in court: not on a charge of mass-murder but on an insurance claim. The insurer defended the case on the footing that the market value of the slaves had fallen below the insured value. There was no suggestion that anyone would be charged with murder. In fact, the Solicitor-General John Lee said that a master could drown slaves without any impropriety. He said: “What is this claim that human people have been thrown overboard? This is a case of chattels or goods. Blacks are goods and property; it is madness to accuse these well-serving honourable men of murder. They acted out of necessity and in the most appropriate manner for the cause. … The case is the same as if horses had been thrown overboard”.
The case of The Zorg is one which is almost inconceivable in modern times. In that simple proposition you see that we have, in fact, made some progress in our conceptions of justice. William Wilberforce was a great activist and although it took a long time he succeeded.
The American Declaration of Independence
It is easy to forget that, at least until the English Civil War, the received theory of Government was that Kings ruled by divine right and they could not safely be removed.
The English Civil War (1642-1647) was the result of growing tension between King Charles I and his Parliament but it had not been fought when the British colonized North America by establishing a settlement at Jamestown, Virginia in 1607. By 1773, the Americans had tired of being taxed by a British Government in which they had no say. Their direct expression of discontent was called the Boston Tea Party. The British Parliament had been trying to raise funds to help out the East India Company. It increased import duties by passing the Tea Act in 1773. On December 16, 1773, the so-called “sons of liberty” boarded three ships in the Boston Harbour under cover of night and threw 342 chests of tea into the harbour. This was a trigger for the American Revolution which began in 1775 and ran through until 1783. However, by July 1776, the revolutionaries had decided that the time had come to declare America’s independence from the British. On the 4th July, 1776, in congress, the 13 United States of America declared:
“When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s god entitlement, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed,
That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its power in such form, as to then shall seem most likely to affect their safety and happiness …”
The reference to “life, liberty and the pursuit of happiness” is widely known and universally famous. But the simple explanation of the nature of government and the source of power to form government is often overlooked but was truly revolutionary.
The Declaration of Independence was a truly revolutionary act, the result of years of careful thinking and calculated activism. Even though some of the large objectives of the preamble to the Declaration of Independence have not yet been achieved, it has to be said that it was a great triumph and a step in the right direction.
When I say that not all the objectives had been achieved, I have in mind in particular the case of Dred Scott
Dred Scott was born a slave in Virginia, in 1799. He was owned by Peter Blow. The Blow family moved to St Louis, Missouri, in 1830. Missouri had been acquired in 1804 in the Louisiana purchase. It had been admitted to the Union in 1820, as a slave State, as part of the Missouri Compromise. The Missouri Compromise allowed Missouri into the Union as a slave State, but otherwise prevented the admission to the Union of slave States above 36º30’ north latitude. In effect, it guaranteed that slavery would not spread to the other States acquired in the Louisiana Purchase. It had been a hotly contested measure. Since Eli Whitney had invented the cotton gin in 1794, cotton had been a great source of wealth in the southern States, but its profitability depended on slave labour to pick the cotton.
In 1830, Blow sold Scott to Dr Emerson, an army surgeon. Emerson took Scott with him to his various postings. They spent the next 12 years in free States, principally Illinois. They returned to St Louis in 1842. Emerson died in 1846. His executors were his wife, and her brother John Sanford.
In 1846, Scott sued Mrs Emerson in the St Louis Circuit Court. In form, it was a petition for freedom, based on the fact that he had spent years in a free State, and was therefore released from slavery. A decision of the English courts (Smith v. Brown & Cooper (1705) 2 Salk 666) provided an argument that the simple fact of having spent time in a non-slave State meant that Dred Scott’s condition of slavery was dissolved
Judge Alexander Hamilton heard Scott’s case. A technicality in the evidence led to its failing. The Judge granted leave for a new trial. He won; but the decision was reversed by the Missouri Supreme Court in 1852.
By this time, Mrs Emerson had remarried. Her new husband was an abolitionist. She made over Scott to her brother and co-executor, John Sanford. Sanford lived in New York. Thus Scott was able to sue in the Federal jurisdiction, since the suit was between residents of different States. The action was for assault.
Sanford (erroneously called Sandford in the Court record) filed a plea in abatement on the basis that Scott was a slave and therefore not a citizen. Accordingly, so the argument went, there was no suit “between citizens of several States” and the Federal jurisdiction was not attracted. In other words, he sought to have the action struck out peremptorily as incompetent.
The matter was argued in December 1855, and was re-argued in 1856. Powerful interests wanted to retain the institution of slavery: American plantation owners, as well as English manufactureres and merchants. Slavery had been abolished in Britain and its Colonies by the Emancipation Act 1834, but that did not prevent English commerce from benefitting from it indirectly. Such was still the position when Roger Casement undertook his tour of investigation in the Congo Free State (1901-04), and Brazil (1906-11).
The first question in issue resolved to this: was a slave capable of being a citizen under the Constitution, so that his action against a citizen of another State would attract the Federal jurisdiction?
Chief Justice Taney and Justices Wayne, Nelson, Grier, Daniel, Campbell and Catron said that the answer to the first question was No. Taney J said:
“The question before us is whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word “citizens” in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them. …
They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic whenever a profit could be made by it.” (emphasis added)
The ideas expressed, and the intensity of the language used, strike the modern ear as shocking, especially in light of the introductory words of the Declaration of Independence (1776):
” … We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Taney J dealt with those words in this way:
“The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included … for if the language, as understood in that day, would embrace them, the conduct of the distinguished men who framed the Declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted …”
McLean J (dissenting) did not agree in the result on this issue, but expressed himself in language not much happier than that of Taney J:
“In the argument, it was said that a colored citizen would not be an agreeable member of society. This is more a matter of taste than of law. Several of the States have admitted persons of color to the right of suffrage, and, in this view, have recognised them as citizens, and this has been done in the slave as well as the free States. On the question of citizenship, it must be admitted that we have not been very fastidious. Under the late treaty with Mexico, we have made citizens of all grades, combinations, and colors. The same was done in the admission of Louisiana and Florida …” (per McLean J at 533).
Curtis J (dissenting) found in the words of the Constitution ample authority for the proposition that a slave could be a citizen of the United States.
The second question was whether a slave could become a free man by entering a free State. The question had precedents in English case law. In 1678, it had been held that if a Negro slave came into England and was baptised, he thereupon became a free man. If he were not baptised, he remained “an infidel” and was not freed: Butts v. Penney 2 Lev 201. This rule was later relaxed: in Smith v. Brown & Cooper Holt CJ had said:
“As soon as a Negro comes into England, he becomes free: one may be a villein in England, but not a slave.”
In Somerset v. Stewart (1772) 98 ER 499, Lord Mansfield had decided on a habeas corpus application that a Virginian slave who had arrived in London must be set free. Lord Mansfield’s decision is famous for its declamatory final sentence “The black must go free”. It is less well-remembered that his Lordship had tried to avoid having to decide the matter. He had said in the course of argument:
“… a contract for the sale of a slave is good here; the sale is a matter to which the law properly and readily attaches … The setting 14,000 or 15,000 men at once free … by a solemn opinion, is much disagreeable in the effects it threatens … An application to Parliament, if the merchants think the question of great commercial concern, is the best, and perhaps the only method of settling the point for the future …” (emphasis added)
The majority in Dred Scott’s case held that the English authorities had no application in the different constitutional framework of the American Union. Specifically, the 5th Amendment prevented the slave being freed by passing into a free State. So far as relevant it provides:
“No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”
To allow that a slave be freed by virtue of travelling to a free State would involve a deprivation of property without due process. It is an interesting irony that a slave owner could not be deprived of ownership of his slave without due process, but the slaves were deprived of liberty without due process. The relevant difference is that slaves were not considered “people” for Constitutional purposes.
For good measure, 6 of the 7 judges in the majority held the Missouri Compromise to be unconstitutional, as contravening the 5th Amendment. Thus they struck down the measure which had, in effect, quarantined slavery to the southern States where the cotton industry was the principal source of wealth, and slave labour was the principal engine of that industry.
The Dred Scott case [reported under the name Scott v Sandford 60 US 393] was decided by the US Supreme Court on 6 March 1857. It provoked bitter controversy. It was one of the precipitating causes of the American Civil War (1861-1865). Abolition was the great question over which the war was fought During that war, on 19 November 1863 (87 years after the Declaration of Independence) Abraham Lincoln famously re-stated the founding proposition of the American Union:
“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. …”
In so saying, he was unequivocally advancing the cause of abolition. His address at Gettysburg is regarded as a clarion call for the abolitionist cause.
The Dred Scott case resulted in the resignation of Curtis J, and blighted the reputation of Taney J. He was a decent man and a fine lawyer. He had voluntarily freed his own slaves, at great personal cost, and had 35 years earlier described slavery as “a blot on our national character”. Ironically, the decision in the Dred Scott case is generally regarded as a blot on the record of the US Supreme Court.
The decision was an exercise in strict construction which reached an unpalatable result by chaining the words of the Constitution to their historic origins. In 1992 Scalia J. – himself no bleeding-heart liberal in matters of construction – said that “ … the Court was covered with dishonour and deprived of legitimacy” by the Dred Scott decision.
On 28 July 1868, in the aftermath of the Civil War, the effect of the decision was overturned by the 14th amendment to the US Constitution.
The Declaration of the Rights of Man and the Citizen
The French Revolution started in 1789. The Declaration of the Rights of Man and the Citizen was prepared at about the same time. It is not surprising to learn that Thomas Jefferson had a hand in drafting it. It was influenced by the political philosophy of the Enlightenment and principles of human rights, as the U.S. Declaration of Independence was. Jefferson had prepared the first draft of the Declaration of Independence.
The first five articles of the Declaration are immediately recognisable as a reflection of modern thinking:
- Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
- The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.
- The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.
- Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.
- Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law…
For all this, it is worth noticing that these principles expressly did not apply to women or slaves. And it is worth noting that in 1791 Olympe de Gouge prepared the Declaration of the Rights of Woman. The following year she was executed by guillotine.
Two steps forward, one step back…
The Universal Declaration of Human Rights
The next giant step forward resulting from activism which I would identify did not happen until the middle of the 20th Century, although I am sure there were plenty of other significant advances between 1776 and 1948.
It is widely forgotten that anti-Semitism was common through the Western world until the end of the Second World War. Arguably, anti-Semitism hasn’t disappeared but has simply gone underground. There are clear traces of anti-Semitism in the earliest version of Magna Carta. There are clear instances of anti-Semitism in Shakespeare, notoriously in the Merchant of Venice. But the horrors of the holocaust gave anti-Semitism the bad name it always deserved.
The Second World War gave rise to a new need to protect human rights. After the war ended, it was impossible – indecent – to permit a continuation of the anti-Semitism which has disfigured many countries (including England and Australia). The holocaust showed where that line of thinking leads if left unchecked. The Universal Declaration of Human Rights in 1948 and the Refugees’ Convention in 1951 were the most prominent expressions of a new global concern to see that those who fear persecution should be protected.
The Universal Declaration (10 December 1948) was the work of a surprising activist: Eleanor Roosevelt. She was the widow of Franklin Delano Roosevelt who had died shortly before the end of the Second World War. She was also cousin to Roosevelt and had grown up in the rich surroundings of the Roosevelt family. But Eleanor Roosevelt was a genuine egalitarian and had set her heart on responding decisively to the horrors of the Second World War.
When I say Eleanor Roosevelt was a true egalitarian, it is worth remembering that from the death of FDR in 1945 until her death in 1962, Eleanor Roosevelt spent most of her time at a small property called Val-Kill in upstate New York. Val-Kill is truly remarkable in a number of ways. It is strikingly plain. It is a very simple old farmhouse. The sitting-room is furnished with very ordinary chairs and very simple bookshelves. But there are photographs on the wall one of which is a photograph of Eleanor Roosevelt having tea in that very room with John F. Kennedy. Next to the sitting-room is the dining-room. The dining-room table seats 10 or 12 people. Many great heads of state dined at that table. But Eleanor Roosevelt was always conscious of the need to have equal numbers of locals whenever she was entertaining dignitaries. And the crockery on which dinner was served had been bought at a Five and Dime store. Eleanor Roosevelt must have been a truly remarkable person. Her sense of the equality of all human beings still lives and breathes at Val-Kill.
After the end of the Second World War, Eleanor Roosevelt set her heart on creating a Universal Declaration of Human Rights. It begins as follows:
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, …
As with the Declaration of Independence, some of the rhetoric goes beyond what has ultimately been achieved but it remains the case that for such a document to be universally acknowledged in the United Nations is a mark of progress to which all activists can aspire.
The Trevorrow case
The Trevorrow case happened half a world away, and 150 years later.
Bruce Trevorrow was the illegitimate son of Joe Trevorrow and Thora Lampard. He was born in November 1956. They lived at One Mile Camp, Meningie, on the Coorong. They had two other sons, Tom and George Trevorrow.
They lived at One Mile Camp because, in the 1950s, it was not lawful for an aborigine to live closer than one mile to a place of white settlement, unless they had a permit.
When Bruce was 13 months old, he got gastroenteritis. Joe didn’t have a car capable of taking Bruce to the hospital, so some neighbours from Meningie took him to the Adelaide Children’s Hospital where he was admitted on Christmas Day 1957. Hospital records show that he was diagnosed with gastroenteritis, he was treated appropriately and the gastro resolved within six or seven days. Seven days after that he was given away to a white family: Mr & Mrs Davies.
The Davies lived in suburban Adelaide. They had a daughter who was about 16 at the time. She gave evidence at the trial as a woman in her late middle age. She remembered the day clearly. Her mother had always wanted a second daughter. They had seen an advertisement in the local newspaper offering aboriginal babies for fostering. They went to the hospital and looked at a number of eligible babies and saw a cute little girl with curly hair and chose her. They took her home and, when they changed her nappy, they discovered she was a boy. That’s how Bruce Trevorrow was given away in early January, 1958.
A short time later Bruce’s mother, down at One Mile Camp Meningie, wrote to the Department asking how Bruce was doing and when he was coming home. The magnitude of her task should not be overlooked: pen and paper, envelope and stamp were not items readily obtained in the tin and sackcloth humpies of One Mile Camp, Meningie. But Thora managed to write her letter, and it still exists in the South Australian State archives. The reply is still in existence. It notes that Bruce is doing quite well but that the doctors say he is not yet well enough to come home. Bruce had been given away weeks earlier.
In South Australia in the 1950s, the laws relating to fostering required that foster mothers be assessed for suitability and that the foster child and foster home should be inspected regularly. Although the laws did not distinguish between white children and aboriginal children, the fact is that Bruce’s foster family was never checked for suitability and neither was he checked by the Department to assess his progress. He came to the attention of the Children’s Hospital again when he was three years old: he was pulling his own hair out. When he was eight or nine years old, he was seen a number of times by the Child Guidance Clinic and was diagnosed as profoundly anxious and depressed and as having no sense of his own identity.
Nothing had been done to prepare the foster family for the challenges associated with fostering a young aboriginal child. When Bruce was 10 years old, he met Thora, his natural mother, for the first time. Although the Department had previously prevented his mother from finding out where Bruce was, the law had changed in the meantime and they could no longer prevent the mother from seeing him.
The initial meeting interested Bruce and he was later to be sent down to stay with his natural family for a short holiday. When the welfare worker put him on the bus to send him down to Victor Harbour, the foster mother said that she couldn’t cope with him and did not want him back. His clothes and toys were posted on after him.
Nothing had been done to prepare Bruce or his natural family for the realities of meeting again after nine years. Things went badly. Bruce tried to walk from Victor Harbour back to Adelaide (about 80 kilometers) to find the only family he knew. He was picked up by the police and ended up spending the next six or eight years of his life in State care. By the time he left State care at age 18, he was an alcoholic. The next 30 years of his life were characteristic of someone who is profoundly depressed and who uses alcohol as a way of shielding himself from life’s realities. He had regular bouts of unemployment and a number of convictions for low-level criminal offences. Every time he was assessed by a psychiatrist, the diagnosis was the same: anxiety, profound depression, no sense of identity and no sense of belonging anywhere.
The trial had many striking features. One was the astonishing difference between Bruce – profoundly damaged, depressed and broken – and his brothers, who had not been removed. They told of growing up with Joe Trevorrow, who taught them how to track and hunt, how to use plants for medicine, how to fish. He impressed on them the need for proper schooling. They spoke of growing up in physically wretched circumstances, but loved and valued and supported. They presented as strong, resilient, resourceful people. Their arrival to give evidence at the trial was delayed because they had been overseas attending an international meeting concerning the repatriation of indigenous remains.
The second striking feature was the fact that the Government of South Australia contested every point in the case. Nothing was too small to pass unchallenged. One of their big points was to assert that removing a child from his or her parents did no harm – they even ventured to suggest that removal had been beneficial for Bruce. This contest led to one of the most significant findings in the case. Justice Gray said in his judgment:
“ I find that it was reasonably foreseeable that the separation of a 13 month old Aboriginal child from his natural mother and family and the placement of that child in a non-indigenous family for long-term fostering created real risks to the child’s health. The State through its emanations, departments and departmental officers either foresaw these risks or ought to have foreseen these risks. … ”
That finding was not only supported by evidence, it also accords with common sense. We all have an instinct that it is harmful to children to remove them from their parents. The finding was based on extensive evidence concerning the work of John Bowlby in the early 1950s, which showed that it is intrinsically harmful to remove a child from his or her parents, in particular when this occurs after nine months of age.
At the time Bruce was given away, the Aborigines Protection Board of South Australia had already been advised by the Crown Solicitor that it had no legal power to remove aboriginal children from their parents. One of the documents tendered at the trial was a letter written by the secretary of the APB in 1958. It read in part:
“… Again in confidence, for some years without legal authority, the Board have taken charge of many aboriginal children, some are placed in Aboriginal Institutions, which by the way I very much dislike, and others are placed with foster parents, all at the cost of the Board. At the present time I think there are approximately 300 children so placed. …”
After a hard-fought trial, the Judge found in Bruce’s favour, and awarded him a total of about $800,000.
There are a few things to say about this. First, Bruce’s circumstances were not unique. There are, inevitably, other aboriginal men and women who were taken in equivalent circumstances while they were children and suffered as a result. Although they may seek to vindicate their rights, the task becomes more difficult as each year passes. Evidence degrades, witnesses die, documents disappear.
Second, litigation against a Government is not for the fainthearted. Governments fight hard. It took Bruce’s case eight years to get to court, and the trial ran for some months. If he had lost the case, Bruce would have been ruined by an order to pay the Government’s legal costs.
Kevin Rudd’s Labor government was elected in late 2007. The new parliament assembled in Canberra on 13 February 2008. At that first sitting, the Government said ‘sorry’ to the stolen generations. It seemed almost too good to be true: the apology so many had waited so long to hear. And it was astonishing and uplifting to hear some of the noblest and most dignified sentiments ever uttered in that place on the hill. It is worth recalling some of the words:
“Today we honour the indigenous peoples of this land, the oldest continuing cultures in human history.
We reflect on their past mistreatment.
We reflect in particular on the mistreatment of those who were stolen generations – this blemished chapter in our nation’s history. …
We apologise for the laws and policies of successive Parliaments and Governments that have inflicted profound grief, suffering and loss on these our fellow Australians. …
For the pain, suffering and hurt of these stolen generations, their descendants and for their families left behind, we say ‘sorry’.
To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say ‘sorry’.
And for the indignity and degradation thus inflicted on a proud people and a proud culture, we say ‘sorry’. …
We today take this first step by acknowledging the past and laying claim to a future that embraces all Australians.
A future where this Parliament resolves that the injustices of the past must never, never happen again. …”
13 February 2008 will be remembered as a day the nation shifted, perceptibly. The apology was significant not only for marking a significant step in the process of reconciling ourselves with our past: it cast a new light on the former Howard government, which had refused to apologise to the Stolen Generations. It set a new tone. And it reminded us of something we had lost: a sense of decency.
Most of the worst aspects of the Howard years can be explained by the lack of decency which infected their approach to government. They could not acknowledge the wrong that was done to the Stolen Generations; they failed to help David Hicks when it was a moral imperative: they waited until his rescue became a political imperative; they never quite understood the wickedness of imprisoning children who were fleeing persecution; they abandoned ministerial responsibility; they attacked the courts scandalously but unblushing; they argued for the right to detain innocent people for life; they introduced laws which prevent fair trials; they bribed the impoverished Republic of Nauru to warehouse refugees for us. It seemed that they did not understand just how badly they were behaving, or perhaps they just did not care.
One of the most compelling things about the apology to the stolen generations was that it was so decent. Suddenly, a dreadful episode in our history was acknowledged for what it was. The Prime Minister’s apology makes no difference whatever to whether or not Governments face legal liability for removing aboriginal children. But it acknowledged for the first time that a great moral wrong was done, and it acknowledged the damage which that caused. The most elementary instinct for justice tells us that when harm is inflicted by acts which are morally wrong, then there is a moral, if not a legal, responsibility to answer for the damage caused. To acknowledge the wrong and the damage and to deny compensation is simply unjust.
In recent times there has been considerable discussion of the statement of Australian values which, it seems, will become inextricably linked with applications for citizenship. The statement includes the following:
“Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair-play and compassion for those in need and pursuit of the public good;
Australian society values equality of opportunity for individuals regardless of their race, religion or ethnic background …”
It would be good to see Federal parliamentarians place hand on heart and swear that these are values they embrace. The wilful mistreatment of asylum seekers sits uncomfortably with these values.
As I have been asked to be optimistic in this talk, I won’t say much about refugees, nor will I attempt to reconcile the Statement of Australian values with the facts surrounding our treatment of refugees. But let me give you an example that we might choose to follow. Just a few weeks ago I was in Jordan, investigating their treatment of refugees. Jordan is a country which faces some interesting challenges: it has Israel and Palestine on the west; Iraq on the east and Syria on the north. One way or another, this means that quite a few uninvited refugees have walked from one or other of those countries into Jordan, looking for a place of safety. In addition, Jordan has a population of only 9.6 million people and a fairly fragile economy, because it does not have any oil.
In the north of Jordan, just about five kilometres from the Syrian border, is a refugee camp called al Za’atari. The Za’atari camp presently holds about 80,000 people, all of whom arrived in Jordan as uninvited refugees. But for the fact that they arrived on foot, they would have been boat people. The Za’atari camp is an open one: people inside the camp are allowed to get jobs outside the camp and they go out each day and return each evening. The camp contains almost 2,000 shops which have been established by refugees and are run by refugees. They include not only the best falafel shop I’ve ever been to but also two shops where you can hire bridal gowns!
The 80,000 people in the Za’atari camp are just the tip of the iceberg. There are about 1 million refugees living in the community in Jordan. They are all informal refugees: that is, refugees who have simply turned up looking for protection. To put that figure in perspective: in the approximately 60 years since Australia signed the Refugees’ Convention, we have received fewer than 1 million refugees in total. Of that group, fewer than 100,000 were informal refugees. It need hardly be said that in recent years Australia has been hostile, to the point of paranoia, about informal refugees arriving here. Jordan manages informal refugees with remarkable grace, and yet it has not signed the Refugees’ Convention. In the last few years it has received far more informal refugees than we’ve received since we signed the Convention 60 years ago, but Jordan treats them well.
So, if you are an activist in relation to the interests of refugees, keep at it. Human decency will eventually find a way. Sometime, perhaps even in the near future, Australia will find that it is able to respond to refugees as generously as Jordan does.
To conclude, on the same trip that took me to Jordan I was taken to Lesbos. Lesbos is a Greek island just four kilometres off the coast of Turkey. As a result of that little accident of geography, Lesbos has received a lot of refugees who have fled through Turkey and who want to get to safety in Europe. A lot of them land on Lesbos. While I was in Lesbos, I heard a story about a beach there which, occasionally, has a big tide which washes up tens of thousands of starfish. The starfish are stranded on the beach as the tide recedes. If they stay on the sand they will dry out and perish. A little girl who lived in Mytilene, the main town on Lesbos, was very concerned about the starfish. She went down to the beach. A grown-up said to her “you can’t save them all”.
Her response was to bend down pick up one starfish, throw it into the ocean and say “well I saved that one”.
And that is my message tonight: every one of us, by seeing the difference between what is right and what is wrong, every one of us can make a difference by doing something. And if enough of us do something, we can achieve everything.
I received an email today from a person who is held in immigration detention. The email read, in part:
We are told over and over again, from the moment we arrive that this is not a jail or prison and the Serco personnel are not guards. At 7:45 this morning I was coming out of the shower when the door was abruptly opened and about 15 ABF in all black barged in. I was rudely instructed to get dressed quickly and go to the common room with the rest of the detainees in this building. We were lined against a wall and a sniffer dog was used on all of us. They then entered each room and did a thorough search, and after, the dog sniffed the room.
Our area and closets were torn apart and each item examined. Very little was put back and it was difficult for us, the handicapped, to straighten up after. I had an asthma attack. There are four buildings and each was searched.
Of course nothing was found as we are searched before and after every visit. It was draconian, stressful and humiliating. If it is not prison, it is as close as it gets.
So: this is “immigration detention”. It is “administrative” not punitive. Gosh that make me feel better…
You think this government would never treat YOU that way? Remember the words of Pastor Martin Niemoller, who was jailed by the Nazis in 1938. He said:
First they came for the Socialists, and I did not speak out— Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out— Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out— Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Here is Form 866, which must be completed by all asylum seekers: form_866c
Have a look at the Australian Values Statement, which is part of each Form 866:
99 AUSTRALIAN VALUES STATEMENT
You must sign this statement if you are aged 18 years or over.
I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values.
• Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good;
• Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background;
• the English language, as the national language, is an important unifying element of Australian society.
Could Dutton seriously say that he “values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law”? And would you believe him?
And for that matter, could any member of the Coalition government say on their oath that they embrace those values? and if they embrace those values, why are they mistreating refugees the way they do?
At 9.38am on Sunday 21 May 2017, Immigration Minister Peter Dutton revealed his worst attack on refugees.
He said asylum seekers living in the Australian community had until 1 October to file applications for protection, failing which they would be or they will be denied Government payments, subject to removal from Australia, and banned from re-entering the country. There are about 7,500 people in the community who are affected by this edict.
The problem is that, for most people, the deadline will be impossible to meet. The reason is simple:
- the applications are very complex. Have a look at it : form_866c
- they have to be completed in English;
- they involve all sorts of difficult and subtle legal issues;
- they cannot be adequately completed without legal help;
- asylum seekers do not generally have access to interpreters;
- the Government has already cut legal support for people seeking asylum;
- asylum seekers cannot generally afford to pay for legal help;
- the free legal refugee support services are being crushed by the burden of trying to provide the help that is needed.
The result of these facts is that many asylum seekers will not be able to comply with the Dutton deadline. One of the refugee support services, the Asylum Seekers Resource Centre, said this:
“The introduction of an impossible deadline that immediately places thousands of people at risk of being deported to danger. In the 62 years since Australia ratified the Refugee Convention no government has ever dared to do something so unlawful and despicable. Based on the heinous action of our government, there is now more people at risk of harm than ever before.”
Put to one side whether the deadline will be legally valid, it is worth recognising the dishonesty surrounding Dutton’s announcement. Despite being a Minister of the Crown, Dutton is chronically dishonest:
- He refers to asylum seekers as “illegal”, even though they have committed no offence by coming to Australia the way they do;
- He refers to offshore detention as “border protection”, even though we do not need to be protected from asylum seekers: they are human beings looking for a safe place to live;
- He said many asylum seekers had been in the community for years: but he failed to admit that they were not allowed to apply for protection until late 2016;
- He referred to asylum seekers who have not yet applied for protection as “fake refugees”. This prejudges whether or not they are refugees and therefore entitled to protection;
- He referred to the fact that social welfare benefits for refugees was costing the economy $246 million each year: he did not mention that locking refugees up on Manus Island and Nauru was costing the economy billions of dollars each year, and that offshore detention is the most expensive form of detention.
Have a look at the Australian Values Statement, which is part of each Form 866:
99 AUSTRALIAN VALUES STATEMENT
You must sign this statement if you are aged 18 years or over.
I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values.
• Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law,
Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good;
• Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background;
• the English language, as the national language, is an important unifying element of Australian society.
Could Dutton seriously say that he “values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law”? And would you believe him?
It is interesting to see Dutton’s callous attitude in context. The target for his government is boat-people, that is, people who come to Australia without invitation. Jordan has a population about one third of Australia’s, and its economy is weak. Jordan is in a difficult part of the world: it has borders with Israel, Syria and Iraq. Jordan has not signed the Refugees Convention. Nevertheless, right now there are more than a million uninvited refugees in Jordan. That is more uninvited refugees than Australia has received in the 70 years since it singed the Refugees Convention.
How strange that Jordan treats refugees so well and Australia treats them so badly, even though Jordan has not signed the Convention and we have.
Here is a very powerful message I received by email from an Australian citizen:
This is beyond the pale.
My husband, [xxx], used to bleakly joke about how Australia’s Immigration Department really just should shoot all the boat people and get it over with.
Now the PNG Navy really is shooting at them.
It is beyond despair.
According to the ABC’s PNG correspondent, Erik Tlozek, it all started over a footy match where the locals got cranky that some of the refugees were playing on the field.
Then the Navy stepped in and started to shoot.
The details thus far are still murky, and I don’t know if there are any deaths. It’s still unfolding, if we’re ever allowed to get any information….transparency is a huge issue and we have to challenge the lack of it.
So far, we’ve had state-sanctioned torture in these camps. Now it’s state-sanctioned murder.
Enough. As reluctant as I am to put my head above the parapet, this is a call to legal arms (and legs).
I will write; you have to do the legal work…
[zzz] just reminded me that it was Kevin Rudd – Labor – who set up offshore detention. Onshore detention like Baxter was not enough for the right wing voting minority , apparently. (Besides, they’re clogging up the M4 in Sydney with all their boats on trailers…)
And don’t forget, it remains Australia’s responsibility by distance, no matter how the thugs like Morrisson and Dutton try to hide it under a nicely-ironed linen cloth….all very bright in Canberra. Very murky in PNG ; and Christmas; and Nauru…follow the money, boils and goils…..
There are yet undisclosed amounts of money paid as Baksheesh to the PNG Government, whose rulers buy their new Merc or BMW…
It’s said we live in the age of Enlightenment..let’s get some light on this issue for once and for all, before we cark it from sheer fatigue…
It’s hard not to agree.
Q&A on Monday 20 February 2017 included Attorney-General George Brandis QC.
Brandis showed rather unhappy aspects of himself, as he sought to justify enormous and extravagant expense allowances for Federal parliamentarians while justifying the meanness of NDIS funding, disability allowances, Community Legal Centre funding and the harshness of automated Centrelink debt recovery.
There was a common theme in Brandis’ position. He seemed to prefer meanness to generosity. He seemed unsympathetic to people who are struggling to survive; he does not care what we do to refugees; he does not care that his party has lied systematically to the public for years about boat people; he can’t be bothered to check the law in an area which, whatever your position, is contentious.
He chose to blame Labor for every difficulty, no matter that his party has had years to correct the situation which, he asserted frequently, was created by Labor. I don’t have much time for Labor, but watching him blame everything on a government which was defeated four years ago is simply pathetic.
It would be charitable to assume some kind of neural deficiency rather than a deep-seated personality disorder.
On robo-debt, Brandis seemed mildly concerned that a man had committed suicide after being chased for an alleged debt of $18,000 (this was later revised down to $10,000, without explanation). The way the system “works”, the burden is on the recipient of the debt notice to prove the demand is wrong. Most lawyers (at least, most lawyers who have actually practised law) respond instinctively against civil claims in which the Defendant has to prove that they do not owe the money claimed: the usual situation is that the person who makes a claim must prove it.
Brandis urged that anyone who received a robo-debt demand should ring Centrelink and discuss the claim: he seemed not to understand that getting Centrelink to answer a phone call is extraordinarily difficult. Several people in the audience with practical experience of the matter told Brandis how difficult it is to get Centrelink to answer a call, but our esteemed Attorney-General continued urging the same course. He cruised calmly on like a Spanish galleon in full sail, completely untroubled by any facts. Perhaps that’s the world he lives in: when he wants to speak to someone he simply instructs a staff-member to arrange it. He appears to know nothing of the world experienced by ordinary people, and did not seem willing or able to learn anything about it.
When tackled about the reduced funding for Community Legal Centres, he tried to blame Labor. It seemed not to occur to him that, as Attorney-General, he could arrange increased funding for Community Legal Centres and for Legal Aid. After all, Community Legal Centres deal with about 260,000 clients each year. Their total funding is about $40 million a year. So it costs the government about $153 per client for a CLC to help people who can’t afford lawyers. That’s pretty good value, but government funding is about to fall to about $30 million a year. Brandis did not seem to notice this as a problem, just as he didn’t notice the grotesque difference between his position on welfare payments and his position on parliamentary entitlements. Interestingly, Brandis presides over a department which spends about $792 million per year on lawyering. He has access to excellent legal advice.
Perhaps Brandis regards his government’s legal problems as vastly more important than the legal problems of any ordinary Australian.
And then we got to refugee policy. Confronted with the awkward fact that several thousand men, women and children have been locked up on Nauru and Manus for over 3 years, Brandis again tried to blame it on Labor. It is true that Kevin Rudd’s government put them there, but Brandis party, in government, could have removed them. Instead, it left them to swelter for years on end, suffering torment and abuse which includes hundreds of reported cases of child sex abuse and at least 5 deaths that we know of.
But the most surprising development was when I asked Brandis directly whether boat people commit any offence by arriving in Australia seeking protection from persecution. He said Yes, they do. He is wrong about that. I asked him to identify the provision in any legislation which makes it an offence. He protested that he could not be expected to identify a particular statute and a particular provision. He is wrong about that, too. The Coalition government has, for the past 15 years, called boat people “illegal”.
I assume Senator Brandis sometimes finds time to consider his party’s policies. So he can hardly have missed the fact that men, women and children who have fled persecution were being branded as “illegal”, and were being locked up in shocking conditions for years.
Unless he has slept through the past 15 years (and I would not rule that out as a possibility), Brandis must be aware of a few related things:
- the Coalition, of which he is part, has called boat people “illegal” for the past 15 years;
- some irritating people (including me) have been pointing out for years that boat people commit no offence by coming to Australia as they do.
- If they don’t commit any offence by coming here, calling them “illegal” is misleading at best, and dishonest at worst.
- He has a big staff of highly qualified lawyers and access to lots more.
If he had ever had any of his staff research the question, he would know affirmatively that boat people do not commit any offence by coming here the way they do.
And yet, when I asked him what offence he thought they committed, he protested that he could not be expected to remember what section of what Act.
If the first Law Officer of the country paid more attention, he might have paused to wonder whether his own party’s marketing was honest or not; he might have paused to wonder why no boat people are ever prosecuted because of their means of arrival.
But it seems that our Attorney-General is much too busy enjoying the fat perks of office to think about these things. Either Brandis does not care or he is a hopeless lawyer. In either case, it will be a relief to see him leave the Parliament and the country.
The only available conclusions are either:
- He has never bothered to have the question researched; or
- He lied, because he knew the true answer
Really, Attorney-General? Did you expect anyone to believe you?
Brandis is a disgrace to the office he holds. The first law officer of the country should be a bit more curious and a bit more honest.
[Incidentally, both before and after the show, Brandis conspicuously avoided speaking to me in the Green Room. So I will add pettiness and a lack of manners to my criticism of him]
A concerned member of the public recently sent me a letter which, in my opinion, captures a large part of the problem Australia is still wrestling with: the problem of how we respond to people who are not the same as us. Her letter includes this:
“Despite the challenges of nature and distance and its relatively small population, Australia has always had the opportunity to be the best and fairest nation in the world.
Resource rich and fuelled by determined folk, the country has produced ample to provide for all. Inheriting a tested system of law and growing a new expectation for fairness and democracy, the possibility that the country could mature into a relative utopia was always in reach.
I was born in WA, grew up proudly Australian, worked in public service and as a self–employed businesswoman, married and had children who I expected would have the advantages of a generous, intelligent, compassionate and wealthy nation.
How wrong was I? The blinkers are off and things have changed greatly over the past decade or so.
The opportunistic swindling of funds from those who most need them, the persecution of the most vulnerable in our society and the utter torment inflicted on people seeking asylum – all perpetrated by our government in an immoral grab for votes and control and enabled by mainstream media – have overtaken all efforts towards social conscience and benign leadership.
What frightens me most is the sheer number of Australians – including members of my family, despite my efforts to enlighten – who have fallen under the spell of disinformation. Paranoia is rife and the ugly fear that others may be receiving ‘more’ at our expense is too easy to incite in a poorly educated (by design?) and insecure (also by design?) public.
I’m no longer proud to be Australian. I feel personally degraded by the inhumane treatment of refugees desperately seeking our help. I go to bed each night and wake each morning with the burden of humiliation in my mind. Not just the humiliation of those in detention, but my own. How am I to deal with having this shame forced upon me by my own leaders? This may seem selfish, but I’m seriously concerned for the welfare of those detained on the islands and I know I’m not alone. It’s depressing to the point where the emotional and psychological impact on everyday Australians is apparent. I was sad at Christmas and find it hard to be positive going into the new year.
No amount of propaganda or deceit by government or media will assuage the guilt in anyone with an ounce of compassion, or the good sense to see the damaging consequences to the refugees and to Australia. Many simply don’t see that if our government is comfortable treating human beings as disposable, it won’t stop with refugees, ethnic and indigenous people – it will extend such ruthlessness to mainstream Australians too. Think Centrelink and Medicare. …”
It is a sad thing when an Australian citizen no longer feels proud to be Australian. Today’s politicians betray the country in various ways:
- they make up reasons for putting a ring of steel around the country
- they seek to avoid the obligations we voluntarily undertook when we signed the Refugees Convention
- They cause Australia to breach our obligations under the Convention Against Torture
- They cause Australia to breach our obligations under the Convention on the Rights of the Child
- They cause Australia to breach our obligations under the International Covenant on Civil and Political Rights
No wonder Australians feel ashamed, when they cut through the political dishonesty peddled by people like Abbott, Morrison, Turnbull and Dutton.
Facing the fact that we are punishing people who have committed no offence is very painful.
Facing the fact that we are breaking our promises to the international community is very painful.
Facing the fact that we are behaving like a rogue state is very painful.
Facing the fact that we are behaving in ways which contradict our image of ourselves is very painful.
So all credit to Justine Pitcher for capturing the problem so well, and thanks to her for letting me quote her letter. Join with her in expressing your disgust at our political “leaders” and what they are doing to trash this country’s character and reputation.
The Australian government donated a new hospital to PNG at Lorengau on Manus, so the men held on Manus would receive “world-class treatment”. It was funded by AusAid. See this photo claiming credit – but make sure to scroll down and see the photos of the appalling facilties at the hospital:
Here are pics of the hospital facilities. The long benches are the waiting rooms.
The maternity ward has foam on the floor for beds.
When the agreement with the US was announced, the details were so meagre that it was hard to place much reliance on it.
Then Donald Trump was elected President of the USA and the deal looked even more speculative.
But now the realities of it are becoming apparent: it is being used by PNG, Australia and the contractors to force people into Lorengau.
Here is the substance of a first-hand account: All meetings with USA officials have to take place in Lorengau. When asked Why, the management of Broadspectrum said: “Uh, we don’t know.” But maybe they do know the answer: If residents move to Lorengau for US processing purposes and they are found either not suitable for USA standards or the USA pulls out of the deal, can residents return to the Centre? Answer: “No”
In other words , if they want to go to the USA they have to take an enormous risk and could be stuck in PNG forever. If they stay in the centre, they will not be eligible for resettlement in the USA.
A recent email I received included this:
“…we must get back to the debate on what a crock of shit is the “human rights movement” that allows invaders into your country without being shot at the boarder [sic].”
Wow! What do you say to someone with views like that?
As mentioned before, a person who lives in Australia emails me regularly (at least a couple of times a week) ranting about Muslims. Most of what follows was written in 2016. At the end I have updated it in response to his emails of the past few weeks. He is clearly having an unhappy, insecure life. Some part of me feels sorry for him. But my pity for him is dimmed when he advocates:
- banning all Muslims from Australia
- supporting Pauline Hanson and Donald Trump
- putting all Muslims in Concentration Camps
- strafing Muslim boat people (for the millennials, strafing means machine gunning)
And he quotes Adolf Hitler to advance some of his poisonous views.
I have said a number of times that our detention system, which involves locking up innocent men, women and children for years in harsh, hostile conditions, is not consistent with core Australian values. A couple of weeks ago he wrote to me saying “I am yet to hear you articulate what you mean by ‘core Australian values’.”
This morning he wrote to me again, saying:
“I am still waiting for you to articulate what you mean by “core Australian values“. I assume fire bombing children is not one of these?”
You are right: core Australian values do not include fire-bombing children, or bombing children at all, so we should not have taken part in invading Iraq.
Mistreating children is probably not consistent with core Australian values, so deliberately harming children by locking them up on Nauru is probably wrong. And putting aside some of the nastiest episodes of white settlement in Australia, deliberate mistreatment of innocent people is probably not consistent with core Australian values, so locking up innocent boat people for years “as a deterrent to others” is probably not consistent with core Australian values.
And I would add that concentration camps and strafing people in boats (both of which measures you have advocated) are definitely not consistent with core Australian values.
In my view, the nearest we get to a core Australian value is the ideal of a fair go for everyone. And (if I am feeling optimistic) I would say that core Australian values include the Golden principle. It is one of the few, practically universal, philosophical precepts, captured in the Christian teaching: Do unto others as you would have them do unto you. In its original Biblical expression it says: “Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets.”.
Described in the West as the Golden Rule, it is found in many religious and secular philosophies. It is found in Brahmanism: “This is the sum of Dharma [duty]: Do nothing to others which would cause you pain if done to you”. In Buddhism: “…a state that is not pleasing or delightful to me, how could I inflict that upon another?”. In Confucianism: “Do not do to others what you do not want them to do to you”. In Islam: “None of you [truly] believes until he wishes for his brother what he wishes for himself”. And in Taoism: “Regard your neighbour’s gain as your own gain, and your neighbour’s loss as your own loss”.
The same principle has been advocated by secular philosophers, including Epictetus, Plato, Socrates, Seneca and Immanuel Kant.
And also close to being a core Australian value is the Love Thy Neighbour principle. I know you’re keen on that one, because you included it in an email to me. It is mentioned in Leviticus 19, but Matthew gave it a useful twist which you may have overlooked. You refer to Matthew 5.14.
It is worth reading Matthew 5.43-44:
“43 ¶ Ye have heard that it hath been said, Thou shalt love thy neighbour, and hate thine enemy.
44 But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you”
Although you quote the first part of Matthew 5.43, it seems that you add a qualification which the Christian bible would reject. It seems you would say “Love thy neighbour (unless he is a Muslim)”. That directly contradicts the very scripture you cite.
It seems that the “Love thy Neighbour” principle is central to Christian teaching (Matthew repeats it at 19.19 and at 22.39; Mark propounds it at 12.31 and says it is one of the two most important commandments (his word). But in urging mistreatment of innocent (Muslim) people you betray that value. How strange that you invoke a central Christian principle but urge people to traduce it. I gather you are not a Christian.
But if you are a Christian, it might be worth asking yourself whether hypocrisy sits comfortably with anything you would identify as a core Australian value.
I imagine he will go to church next Sunday and pray for the souls of people he likes, and for the damnation of people he doesn’t like. With Christians like him, who needs atheists?
And here’s more from him, just recently:
“Concentration Camps looking more attractive by the day” … he then cites an article in an English newspaper which reports that President Trump believes that torture works. The article includes the following:
“President Donald Trump has declared that he believes torture works as his administration readies a sweeping review of how the United States conducts the war on terror. It includes possible resumption of banned interrogation methods and reopening CIA-run “black site” prisons outside the United States. In an interview with ABC News, Mr Trump said he would wage war against Islamic State militants with the singular goal of keeping the US safe. …”
The person who writes to me then comments: “Yes. The Donald is following in the foot steps of Billy Hughes.
The nature of warfare has changed and so must the tactics to defeat the enemy where the
enemy has already landed.”
And another email, which started with some superficial flattery then added: “…we must get back to the debate on what a crock of shit is the “human rights movement” that allows invaders into your country without being shot at the boarder [sic]”.
It is an alarming fact that our society is harbouring people like this man. In my opinion, he is more dangerous than an Islamic militant.
The following news item appeared in The Australian on 21 November 2016, under the caption ‘I won’t be bullied’ (if you follow the link, you have to scroll down for the piece):
Immigration Minister Peter Dutton has crossed swords with Bill Shorten in a fiery question time exchange, accusing the Opposition Leader of misrepresenting him about his comments last week in which he criticised parts of Malcolm Fraser’s immigration policy in the 1970s.
The Opposition Leader asked Mr Dutton about the comments he made on Sky News and his statement that Malcolm Fraser “did make mistakes in bringing some people in the 1970s and we’re seeing that today”.
Immigration Minister Peter Dutton in Question Time.
Mr Shorten asked what people Mr Dutton was referring to and whether he would apologise to Australia’s hard working migrant communities including the Vietnamese community.
But an angry Mr Dutton slammed the question, beginning his answer by saying: “I’m not going to be misrepresented by this great fraud of Australian politics.”
Mr Dutton accused Mr Shorten of unfairly trying to demonise him. “I won’t be bullied by this union leader. That may have been his working life. He may have bullied people and he may have double-crossed everybody he’s come across in his working life, but I won’t be bullied and I won’t be demonised by this union leader,” Mr Dutton said.
Opposition Leader Bill Shorten.
But Mr Shorten persisted, following up the question with a second on the same topic in which he again pushed Mr Dutton to nominate the country from which people should not have been allowed into Australia when Mr Fraser was Prime Minister.
Mr Dutton said that he had received advice that, out of the last 33 people to have been charged with terrorist-related offences, 22 were from a second and third generation Lebanese-Muslim background.
“If the Leader of the Opposition wants somehow to conduct a phony debate in this country and not to be honest in relation to these matters, that’s an issue for him,” Mr Dutton said. “I’m not going to shy away from the facts … Many people who have built this country over many decades deserve to be praised. But I am going to call out those people who are doing the wrong thing.”
There’s a couple of things to be said about this. First, and most obvious, Dutton seemed to be channelling his inner Julia Gillard as he (perhaps unwittingly) adopted the style of her famous misogyny speech. Second, and unlike Julia Gillard’s misogyny speech, it was laced with dishonesty. Until the end of his “answer”, Dutton kept well away from dealing with the question. When finally he addressed the question, he suggested that Shorten “wants somehow to conduct a phony debate in this country and not to be honest in relation to these matters”. But Dutton is chronically dishonest about matters in his portfolio.
He refers to boat people as “illegal arrivals” which falsely suggests that boat people break the law by coming here the way they do, in order to seek asylum. It is a lie. It is a lie on which the Coalition have supported the deliberate, wilful mistreatment of boat people since the Tampa episode in 2001. It is a sad thing that Dutton, a former Queensland copper, brings to his role as a Minister of the Crown the habits he learned in an earlier career. Or maybe he has taken up lying more recently, because it is good for his political career. Who knows? What difference?
Just as bad as his dishonesty, Dutton finally justified his comments by suggesting that 22 people descended from immigrants who came to Australia 40 years ago. Over 10,000 Lebanese immigrants came to Australia during Fraser’s time as PM. On ordinary population growth figures, there would now be about 50,000 Australians who can trace their ancestry back to a Lebanese immigrant who came to Australia during that time. So Dutton is troubled by the fact that 0.04% (that’s one 40th of 1 %) of a particular cohort are behaving badly. Australians with no Lebanese ancestry are 6 times more likely to engage in criminal behaviour.
Dutton is, apparently, putting into practice the philosophy of that great Attorney-General George Brandis, that “People do have a right to be bigots…“
[Since first posting this, there have been more developments: see at the foot of the post]
I have received a number of reports about how absurdly difficult it is to visit people in immigration detention in Melbourne. Bear in mind that the people held in immigration detention have not committed any offence: they are just held in detention for as long as it takes to consider their claim for refugee protection, or for as long as the goons at Border Force think it will take to break them, although they probably check with their boss, Peter Dutton, who has never really stopped being a brainless, heartless Queensland copper.
MITA is the Melbourne Immigration Transit Accommodation at 120-150 Camp Rd, Broadmeadows (in Melbourne’s northern suburbs).
Here is a visitor’s account of the difficulties:
Every week we try to visit, there always seems to be a change in process and seemingly arbitrary tightening of the “rules” for admission to MITA.
This coincides of course with the background new migration legislation proposed, an ominous symptom of which was the deportation in the middle of the night of a man from MITA [recently]. We visited that day and noticed the subdued tone of the visiting centre – already reduced to a shadow of the freedom and hospitality it unto recently was allowed. For example, there are no comfortable chairs now, only spartan tables and strict policing of the number of seats allowed at those tables.
These are just some of the ever-tightening and dehumanizing regime we have witnessed. One positive is that our students have witnessed these things.
To cut a long story short, Border Force has now had to approve school visits. But even that wasn’t enough. We now have to print out a form every time, with the risk that we may not be let in, miss out, or undergo the mind-numbing, expanding logistical headaches of taking students to the centre. If we say they are 17 y.o., then they can be questioned. If they say they are 18, then we somehow have to get forms printed out for them to fill in and sign. Still no guarantee. If we miss out, we have to do it all again. The delays that Border Force makes makes us miss out. We have discerned that the detainees look forward to this contact and understand graciously the purpose of bringing (senior) students along. Normally we travel there in groups of 5-7.
The latest blockage I am sharing with you – emails from ABF. … When I finally organized the forms of visiting teachers, the email wouldn’t ge through, because the attachment was too large!
As I joke, with English teacher’s perspective: Kafka is alive and well at MITA and Border Force!
The above are just the tip of the iceberg of the creeping dehumanizing. For the detainees … it hardly bears contemplating…
I set our below some email exchanges between would-be visitors and Border Force. For those whose minds go numb reading emails from Officialdom, the Border Force emails decode as something like this:
“We hate you and we hate that you are trying to bring comfort to the innocent people we lock up, so we are just going to fuck you around until you give up…”
An email chain between a teacher and Border Force to set up a visit by the teacher and some senior students in early November went like this:
Teacher to Border Force: I would like to request that the following people [named]… be permitted to visit [named detainees] on …November
Border Force to Teacher: In order to process your visit application the authorising delegate requires the following forms to be completed and submitted for each person attending … [asks if anyone is under 18]
Teacher to Border Force: We have been visiting detention for the past 3 years with students. I have always filled out this form on arrival. I do not understand why this process is being added. Particularly without warning. Particularly when it means that we can not visit today. We have permission from the Department of Immigration to visit. We are not an official visitor. … Can I please have a telephone number that I can reach you on.
Teacher to Border Force: I have now spoken with Patrick Gallagher from Canberra.
I request the following please: an explanation of why we are an official visit. I have copied in an email from the Department of Immigration and Border Protection that clearly states that we are not an official visit. I would like clarification.
I also seek clarification about why I can no longer visit the detention centre on my own. I have done this often in the past, in addition to times that I have brought students to the detention centre and as I was planning to visit on this Thursday I would like to be able to do this. MITA is not allowing me to book a visit. Can you please clarify why this is occurring? I would great appreciate your intervention here so that I can visit.
Border Force to Teacher: Under the current settings within the Immigration Detention Network, visits from organisations such as yours are categorised as official visits and must be treated as such. There has been a significant amount of change within out Immigration Detention environment that explains the changes in the visits protocol since the attached 2014 email was written.
Here is an email from my colleague, to Border Force to set up a visit:
I would like to book a table of six for next Thursday 17th November, for the 6-8pm visit session:
AB (teacher – myself); CD (student); EF (student)
GH (detainee); JK (detainee); LM (detainee)
Could you kindly arrange this for us please?
Look forward to hearing from you soon.
Here is the reply:
In order to process your visit application the authorising delegate requires the following forms to be completed and submitted by each visitor:
Please note that we require at least seven days’ notice to process a visit application. Please send your visit request along with relevant completed forms to firstname.lastname@example.org
For further information please go to http://www.border.gov.au/Busi/Comp/Immigration-detention/visiting-a-facility
MITA VISITS TEAM
T: +61 3 9280 6105
120-150 Camp Road
Broadmeadows VIC 3047
I like the “Kind Regards”. Somehow, any trace of kindness is completely absent.
Another person, who is a friend of my colleague, tried to set up a visit for members of her refugee support group. She got this from Border Force:
I thank you for your email.
Under the current settings within the Immigration Detention Network, visits from organisations such as yours are categorised as official visits and must be treated as such. There has been a significant amount of change within out Immigration Detention environment that explains the changes in the visits protocol since the attached 2014 email was written.
It appears that you are aware of the current visit request protocols that are in place setting out the requirements for you and your organisation to visit. If you would like clarification re the process please advise and I will set out the procedures that need to be followed to accommodate your request. …
* * * * * * *
As noted above, there have been more developments since I first posted this. I have received the following update:
…since you posted the blog, we have had more stuffing around. We have missed out now on several visits (for which our Year 12 students had been waiting all year for), the latest for both Thursday and Friday because of the absurd requests for yet more paperwork, yet more paperwork, yet more “processing time”, because we have to wait “7 days” to be processed…..yet we have to book 7 days in advance otherwise we will miss out on the limited number of tables available! We have to fill out virtually identical forms every time. It takes a lot of goodwill from fellow teachers, all of whom are already saddled with excessive workloads – not to mention paperwork and duty of care at this end whenever we cross the street, let alone go to MITA!!
It also needs to be stressed how much we bend over backwards to accommodate the protocols and processes, which literally are changing every week.
Our project, like [another teacher’s similar project], has a deep process of discernment and reflection behind it, as one would expect with our spiritual motivations for the visits to MITA. The decision to give moral support to our innocent friends locked up in the gulag (many of whom are profoundly affected mentally and emotionally but always put on their best, hospitable faces for our group, treating the students especially with graciousness) has not been taken lightly. As you saw, our language and diplomacy are a given. Occasionally, there is a gem of an individual staffer at MITA. They too are under incredible pressure from above – from the heartless Qld copper ultimately. But week to week, we experience knock backs for one procedural delay or another.
The latest experience this week was a “vetting” conversation with an official from Border Force. The person on the phone asked me about half a dozen questions….do we have links with other schools?….what’s the purpose of our visits….motives?…have you any projects a part of it…..(no projects, no agendas, just a friendly face and moral support)…have you any visitors under 18….we need to respect the privacy of our clients….how will you do that….etc. etc.This phone conversation, which involved the officer taking notes, came after we had already been given approval!!
Are we living is a dystopian, post-Brave New World imitation of normality? Has the Donald J Trump tide swept across our shores already?
At least we should be grateful for dedicated teachers like AB and CD who are willing to keep on trying, despite all thepassive-aggressive resistance put up by bureaucrats.
Australia has announced an agreement with the US in relation to refugees presently held on Nauru and Manus. In announcing the agreement, Prime Minister Turnbull and Immigration Minister Dutton were careful to avoid giving any significant detail of the arrangement. For example, they did not say how many people would be accepted by the USA and they did not say on what terms refugees would be accepted by the USA. They did say that the arrangement would not be available for anyone who arrives in Australia in the future seeking asylum.
It is sad that Mr Turnbull, who is a lawyer by training, is so ready to ignore the law, distort the facts and lie to the public in order to appease the right-wing of his party. There is something pathetic about the sight of a Prime Minister, who is independently rich and successful, having to sacrifice his values in order to hold onto his job. Mr Turnbull criticised Mr Shorten for rejecting the government’s proposed lifetime visa ban. He said this was a mark of Mr Shorten yielding to the left wing of the Labor party: an odd charge to make, given that Mr Turnbull’s present stance is a mark of his capitulation to the hard-right of his own party and a betrayal of his personal standards of honesty and decency.
Turnbull and Dutton did not say whether the resettlement arrangement was contingent on Labor supporting the lifetime visa ban legislation presently before the Senate, although Turnbull criticised Labor for opposing it in the lower house. It is difficult to understand why it would be contingent on a lifetime visa ban, unless the USA required it. There is nothing to suggest that it has.
Prime Minister Turnbull made it clear that any detainee who does not accept resettlement in USA will have to return to their country of origin; and any detainee who has been assessed as a refugee and who does not accept resettlement in USA will probably have to remain in Nauru indefinitely. Mr Turnbull announced that Australia is “in the final stages of negotiation with Nauru” to persuade it to offer 20 year visas.
The announcement on 13 November left a number of important questions unanswered. Without those questions being answered it is impossible to know whether this is a welcome development or an exercise in cynicism.
Turnbull and Dutton were not able to say whether the arrangement would still apply when Donald Trump is inaugurated as President in January. President-elect Trump has expressed unequivocal anti-Muslim views: in late 2015 he called for a “total and complete shutdown of Muslims entering the United States.”
We need to know how many people will be offered resettlement. We need to know whether Muslims will be accepted by USA as part of the arrangement. It is an important consideration, given Donald Trump’s express hostility to Muslims. If resettlement was offered to 5 non-Muslim refugees on Manus, the entire exercise would be exposed as a cynical attempt to defuse an increasingly embarrassing Australian policy. If, on the other hand, the arrangement was available to all 1800 detainees on Nauru and Manus it would seem to be a welcome development. So far, it’s too early to tell.
Mr Turnbull’s announcement was interesting in other ways. He said:
“We have put in place the largest and most capable maritime surveillance and response fleet Australia has ever deployed. Any people smuggling boats that attempt to reach Australia will be intercepted and turned back. Australia’s border protection policy has not changed: it is resolute, it is unequivocal: those who seek to come to Australia with people smugglers will not be admitted to Australia.” and
“We have significantly reinforced the security of our borders”
These statements are interesting because they fall back on the old lie: that mistreatment of boat people is an exercise in “protecting” our borders. He later referred to boat people who come to Australia “unlawfully”. That is the other element of the government’s dishonesty about boat people. People who arrive in Australia seeking to be protected from persecution do not break any law. And we do not need to be protected from them.
Australia is a signatory to the Refugees Convention (1951). It was the world’s response to the chilling fact that, during the 1930s, Jews fleeing Nazi Germany were turned away from many countries where they sought a safe place to live. An essential purpose of the Refugees Convention was to spread the load of refugee movement, so as to give substance to Article 14 of the Universal Declaration of Human Rights (1948) which declares the right of every person to seek asylum in any country they can reach. By taking steps to prevent asylum seekers reaching Australia, we are in effect denying that right. By seeking to justify those steps with the language of “illegals” and “border protection” politicians like Turnbull and Dutton are denying that right by lying to the Australian public: they are seeking to persuade us that closing our borders to refugees is a laudable thing. It is not laudable: it is heartless and dishonest.
Mr Turnbull also said:
“We anticipate that people smugglers will seek to use this agreement as a marketing opportunity to tempt vulnerable people onto this perilous sea journey”
This facile observation overlooks a basic fact about people-smuggling: it is wholly demand-driven. Refugees do not need to be lured by the prospect of resettlement: they use people smugglers because the perils of the journey look less terrifying than the persecution they seek to escape.
Whether the deal happens or not, one thing remains clear: Mr Turnbull has sacrificed his intellect and his values to hold onto the prize of being PM. It’s sad to watch.
I have just received another report from Manus. Here it is, in edited form to preserve the anonymity of people involved:
“In addition to declining mental health-we had an attempted suicide by hanging in October-a number of refugees suffering from serious medical health issues. Some refugees are being taken to Port Moresby for medical treatment and stay away for 6 weeks or longer. Some of the treatments are very minor and would be classified as day surgery in Australia. For instance, one refugee had a cyst behind his ear. They removed the cyst, yet he stayed for another 5 weeks in Port Moresby. Then there is a waiting list for urgent cases who seem to drag on and on. It makes no sense. With their permission, I would like to inform you of the following four refugees who are suffering from physical ailments and who have been placed on the waiting list for surgery. Some have had ‘treatment’ in Port Moresby, to no avail.
AB from — has issues with his knees and left wrist. In Port Moresby he was informed that he had a form of arthritis, however medications did not alleviate the pain. Later he was diagnosed as not suffering from this condition. He remains in pain, untreated.
CD is in fear of losing his left hand. It is discoloured and numb. He had botched surgery in Port Moresby.
EF has ‘blown up’ kidneys. In Port Moresby they looked at the wrong file and he was administered incorrect treatment. He is suffering from severe kidney pain and placed on the waiting list-again.
GH is suffering from intestinal issues which had been misdiagnosed in Port Moresby. Following his treatment his condition is worse, and his medication is affecting his kidneys. Nothing is being done to assist him.
Then there are a large number of refugees who suffered injuries during the February 2014 riots. The vast majority of these injuries have not been treated correctly, or not at all. Nearly three years later, their injuries continue to impact on their lives.”
(end of report)
Don’t forget, these people are suffering from conditions which result from their prolonged detention in Manus. They were taken there by Australia against their will. They did not break any law by trying to come to Australia to escape persecution. We have mistreated them and broken them.
If you were in their shoes, how would you feel?
A consortium of international lawyers, led from England, has asked the prosecutor at the International Criminal Court to take action against Australia for crimes arising out of its policy towards asylum seekers.
The Consortium has issued a 52-page Communiqué which alleges that the Australian Government is guilty of international crimes because of its policy of indefinite mandatory detention of refugee “boat people” and their forcible removal to Manus Island (part of Papua New Guinea) and Nauru (which is called the Pacific Solution).
The Communiqué fully explains that the Pacific Solution, which was revived in 2012 and remains in place, appears to have, as its primary objective, breaking the spirit of the people held on Manus or Nauru.
The mistreatment of asylum seekers is not limited to the Pacific Solution. Christmas Island which is part of Australia, more than 1500 kilometers north-west of mainland Australia, also had detention centres.
The people are kept in these “Offshore Processing Centres” whilst their asylum claims are processed. Reports of cruelty and mistreatment are numerous and getting more serious.
The Communiqué is supported by witness evidence from doctors, workers, visitors and former detainees at the Offshore Processing Centres. Key findings include:
- As at 31 March 2014, there were 153 babies, 204 pre-schoolers (aged 2 to 4 years old), 336 primary school aged children, and 196 teenagers in Immigration Detention. As at 31 January 2016, 142 children remained in Immigration Detention.
- The average child spends 231 days in Immigration Detention.
- On average, the general population of refugees spend 457 days in Immigration Detention.
- There is inadequate food and water, a lack of medicine and medical treatment, overcrowding, and a subsistence of violent incidents. Further, the length of detention is generally indefinite at the outset.
- Conditions are unhygienic. On Nauru, showers are generally restricted to 30 seconds each day. Staff have said that the water has run out on multiple occasions, with overflowing, blocked toilets and faeces on the floor.
Reports from the United Nations High Commissioner for Refugees are highly critical of the Pacific Solution and Australia’s treatment of those seeking asylum.
Amnesty International has also issued several reports equally critical of Australia’s policies towards refugees and the conditions in which they are held.
The Communiqué cites precedents in international law which show that Prime Ministers and Ministers for Immigration in Australia, Nauru and Papua New Guinea could be held personally responsible as perpetrators of crimes.
The lawyers behind the Communiqué consder that there is no option remaining, other than the International Criminal Court (ICC). Previous legal action before the UN Human Rights Committee, UN Human Rights Council and the UN Working Group on Arbitrary Detention (WGAD) have not changed the Australian Government’s course. Asylum seekers who have had their detention recognised as arbitrary by the WGAD and are still in detention over a year or more later – including those with children. The previous Australian Prime Minister Tony Abbott, in response to comments by the UN Special Rapporteur on Torture, stated that ‘Australians are sick of being lectured to by the UN’.
As such, the ICC is really the venue of last resort.
Courtenay Barklem, former human rights adviser at the Law Society of England and Wales said: “This scandal sullies Australia’s record on human rights. We expect Australia to have higher standards and not to mistreat some of the most vulnerale people through deliberate government policies. This diminishes Australia’s reputation in the eyes of the international community.”
It names every Australian PM and Immigration Minister since 2002, as well as Mr Baron Waqa (current Nauruan President and Minister for Foreign Affairs and Trade). It details the cruel treatment of boat people by successive Australian governments: communique-to-icc
Here is my submission to the Senate enquiry on the MIGRATION Legislation AMENDMENT (Regional processing cohort) BILL 2016
The Bill relevantly inserts sub-section 46A(2AA)
The effect of that provision is to “prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa”.
The Bill should be opposed, for the following reasons:
- In the short term, it will operate to prevent people who are currently in a Regional Processing Centre, and who have been assessed as refugees, from being reunited with members of their immediate family who are presently living in the Australian community. That is a result which most Australians would regard as needlessly harsh. It would be unsafe to assume that the present Minister would exercise his discretion in favour of allowing the family to be reunited: he has previously refused to exercise his discretion in favour of a result which most people would regard as in keeping with Australian values.
- In the medium to long term, it would mean that people presently in a Regional Processing Centre and who are assessed as refugees and who settle in (say) Canada or Sweden and rebuild their lives there will never be able to visit Australia for tourism, or business, or any other legitimate reason. This has absurd and pointless possibilities:
- A person builds up a successful business in Canada and wants to visit business associates in Australia, but is not able to make a valid visa application;
- A person settles in another country and wins a Nobel Prize; or becomes eminent in some field, and is invited to visit Australia to give a lecture, but is not able to make a valid visa application.
- The medium to long term effect is founded on a misconception. It assumes that a person who has been held in misery for years at Australia’s direction and who makes a new life in another country will (if allowed to visit Australia) want to discard their new life and relocate to Australia. It is difficult to understand this conceit: in my experience most refugees who have been held offshore for years and are forced to resettle in a third country do not share the Australian view that this is the best country in the world. It contradicts ordinary human experience: relocating just once to a new culture is hard; to do it a second time (leaving one safe place to go to another safe place) seems unlikely.
- This measure, which is ostensibly intended to send a message to people smugglers would have been unthinkable in Australia 25 years ago. It can only be contemplated now because Australia has adopted a policy of undisguised cruelty to people who arrive here seeking protection. International opinion does not hold us in high esteem: we have distinguished ourselves as cruel and selfish. Australia’s suggested excuse for its harsh, deterrent policies is a pretended concern about refugees drowning, because of the indifference of people smugglers. This is a plausible, but false, reason.
- It is false because, if we deter people from escaping persecution and they are killed by their persecutors, they are still dead, just as if they had drowned.
- It is false because, if people try to escape persecution by heading towards Europe rather than Australia, and if they die in that attempt, they are still dead, just as if they had drowned.
- It is false because, if they succeed in getting to Australia without drowning, we send them to Nauru or Manus where, after years of misery, they try to kill themselves – even children. If they succeed in their self-harm attempts, they are still dead, just as if they had drowned.
- It is false because, if they succeed in getting to Australia without drowning, we abuse them and punish them. All the psychiatric evidence demonstrates that prolonged detention of an innocent person is seriously damaging. And they are innocent: they commit no offence by coming to Australia without a visa to seek protection from persecution. Calling them “illegal” is false, even if it is politically effective.
It is time for the Senate to take a stand and say that our mindless cruelty has gone too far: it should not be allowed to go any further. It is worth considering that Australia (because of its geography) has traditionally received very few refugees who arrive without prior permission. Contrast our position with that of Jordan and Lebanon which, being adjacent to Syria, have received millions of Syrian refugees in recent years. The purpose of the Refugees Convention, to which Australia is a signatory, was to spread the load of refugee movement so that the burden would not be born principally by countries adjacent to the source of refugees. By our increasingly harsh policies, which are explicitly intended to deter boat people, we are contradicting the central purpose of the Refugees Convention.