About the Author
Alex Pagliaro is a Refugee Campaign Coordinator for Amnesty International, helping to ensure that the rights of refugees and asylum seekers are protected in Australia. Alex has also been a Refugee Case Worker with Amnesty International and worked in Tanzania for a year.
This blog entry does not necessarily represent the position or opinion of Amnesty International Australia.
The good, the bad and the ugly: a guide to the ‘Expert Panel on Asylum Seekers’
The Expert Panel on Asylum Seekers report seems to be a compilation of every refugee policy suggestion over the past few years - the Pacific Solution, the Regional Solution, turning back boats, increasing our humanitarian quota - it's all here in the report.
Let's go through some of their key recommendations:
The good
Increasing our annual Humanitarian Program to 20,000
It's about time Australia does this! What's even better is the suggestion that the intake increases further to 27,000 by 2018. Now that's Australia pulling its weight.
Increasing resettlement among traditional and emerging countries
This is a step closer to a genuine regional solution for refugees. While increasing Australia’s resettlement numbers is helpful, there are more than 10 million refugees in the world - and 800,000 of them desperately need resettlement.
Having Australia use diplomatic channels to encourage other nations to pull their resettlement weight is crucial for a fairer outcome for refugees in the region.
De-linking onshore and offshore humanitarian program
Amnesty has been asking for this for a number of years. Linking the numbers of refugees who are resettled from offshore (like refugee camps) with the number of refugees who seek asylum in Australia directly (boat and plane arrivals) is unnecessary and causes confusion.
"There are more than 10 million refugees in the world - and 800,000 of them desperately need resettlement."
The bad
Changing the Migration Act to allow offshore processing
This would mean removing the line that states Australia shouldn't remove an asylum seeker to a place where they will not be protected. Such a move will allow the Parliament to send Australia’s asylum seekers to anywhere it thinks is safe
So, despite all the Expert Panel's assurances that their key concern is ‘protecting people’, they don't actually want the Government to be held to account on that basis.
By default this means that offshore processing means no protection for asylum seekers.
Nauru and Manus Island to be reopened as soon as possible
But we tried this already and it had awful consequences for those we are meant to protect. It destroyed the mental health of hundreds of already vulnerable people. It cost millions - maybe even billions. It broke international law. It was basically a complete international embarrassment.
There is no way to dress it up - warehousing desperate refugees on tiny, impoverished islands while their sanity deteriorates is unacceptable.
The Malaysia Deal
Tried and failed too.
Malaysia already has over 100,000 refugees and asylum seekers of its own, it doesn’t need or want ours. The refugees in Malaysia have no legal rights; they are often beaten, exploited, raped and detained in horrific conditions.
Instead of sending Australia’s comparative handful of asylum seekers there, why don’t we help make life better for refugees in Malaysia so they don’t get on boats in the first place?
"There is no way to dress it up - warehousing desperate refugees on tiny, impoverished islands while their sanity deteriorates is unacceptable."
'No advantage principle'
This basically means that if you get on a boat to Australia, you will not be allowed access to any of the legal protections Australia is obligated to guarantee under international law. Instead, you will be processed as though you were seeking asylum, say, in Bangladesh. In other words, processing times on Nauru will be on par with the rest of the region (this could mean decades!).
Since when did Australia create policy that tries to reach the lowest standards possible?
The Ugly
Removing Australia from Australia's Migration Zone
This means the Government will pass a law to state that anyone who arrives anywhere in Australian territory without a visa no longer has any ability to claim protection from Australia.
Basically it is a legal loophole to allow Government to sidestep the Refugee Convention.
Seeking asylum is a human right. It is the mechanism that millions of refugees have used to find safety and today continues to be the only hope for more than 99% of the world’s refugees.
Introducing laws that disallow refugees to claim protection in Australia seriously violates the right to asylum and sets a dangerous example for the rest of the region, and the world.
Turning back the boats
As has been reiterated ad nauseum, turning back boats does not just violate human rights principles, it also puts everyone's life at risk - asylum seekers, crew, and Navy personnel. It really does make Australia look like it will go to any lengths to avoid its responsibilities towards asylum seekers.
A strategic, comprehensive and integrated regional approach?
This should have been my favourite - it’s exactly what I want, and it’s exactly what I know will work. Yet, it has quickly become the most painful to me - because no one is talking about it, about what it means, about how to implement it, about when to start it.
Call me pessimistic, but I'm terrified we're going to get stuck with all the horrors of every deterrent anyone has ever suggested, with no real attempt to address the situation beyond Australia’s borders.
Once again our "improve refugee safety in the Asia Pacific to remove the horrific reasons people get on boats in the first place" solution is just not catchy enough to get any attention.
Comments
Elise Coxhell | Posted on 22 August 2012, 10:30PM | Report comment
***Just a correction from my last post, 2nd paragraph, 1st line. I meant to write population growth = job growth, NOT population growth + job growth! Sorry!
Elise Coxhell | Posted on 22 August 2012, 10:26PM | Report comment
Cont’d.. I have many 2nd-gen Aussie friends, who have strict/non-English-speaking/religious/traditional parents, and they all embrace their “Aussie-ness” and find a balance with their heritage. The Aussie way of life is more resilient than you think and it is DESIRABLE for those who are introduced to it alongside others rather than after the fact.
Job security is a huge thing for everyone. Keep in mind however, that population growth + job growth. It’s that simple. It doesn’t matter whether a migrant/immigrant/Aussie are going for the same position - the more qualified person will get it. Foreigners create businesses, consumers, and workers, not just competition. If you are well qualified in your chosen field (and speak the local language) you have the same chance as others with the same experience.
In regards to real life practical examples, you do not need years to find these. There are great examples in comments posted here, on the Amnesty website, in your community, at local charity offices, and on Google. Look in your local bookstore for biographies/autobiographies. We have many great famous Australian examples in our entertainment industry (a great example is Anh Do, a well-known and respected comedian originally from Vietnam, look for his autobiography The Happiest Refugee).
But really the big question is not whether or not we can/will accept these people, it is WHY ARE THEY COMING? These people are fleeing persecution, abuse, war, torture, kidnap, slavery, poverty, disease and death. They are desperate to make a better life for themselves. The question we need to ask ourselves is not whether we want them, whether we can fit them or afford them or stand them, or whether they are genuine or not. The question is HOW can we as a nation improve the conditions in these countries so they don’t HAVE to seek asylum in the first place. That is what Amnesty fights for. If we address THAT, then we don’t have to worry about any of these issues.
Elise Coxhell | Posted on 22 August 2012, 09:36PM | Report comment
Hi Confussed,
I’m thinking perhaps that “don’t get angry” was aimed at me - maybe I’m big-headed and it’s not - but if so the only thing I get angry at is people getting personal and derogatory. I found your post interesting and it raised many great points.
I feel you have hit the nail on the head with quite a few of your comments. I think that your fears are definitely valid, but as you make clear they come from a place of misinformation and ignorance of the situation (pardon the word, I don’t mean YOU are ignorant!) I think that the media slant has played up these fears and that this is why people are so against refugees in Australia.
In relation to your fears about new languages, cultural death and job security, these are the forerunners (IMHO) of most Aussies’ issues with multiculturalism. I also do not want to have to learn new languages to go about my daily life in my home country. I also do not want other cultures overrunning our own. I also do not want to lose my job or lose job opportunities for my family. I feel strongly that people who come here for whatever reason to live should have respect and understanding for OUR way of life and our customs and lifestyle.
Australia’s way of life has been built around acceptance and embracing diversity. In my experience of migrants and immigrants it is difficult to assimilate for many when moving to a new country, and clinging to the familiar is normal. But second- and third-generations generally have a much broader understanding of the Aussie way of life as well as their own traditions, and for years this has brought a delightful mix of cultures together. First-gen migrants are often quite rigid in their culture and way of life because it is what they know, but Aussie-bred kids from various backgrounds still manage to find a harmony and our Aussie spirit is very strong.
TBC…
Lachlan, Amnesty International Australia. | Posted on 22 August 2012, 12:58PM | Report comment
Hey confussed, thanks for writing.
We ran a big initiative a little while ago called Rethink Refugees. As part of the campaign, we focused on getting the real stories of refugees out to the public, and placed in the media.
You can check out a few of the videos we shot for that campaign here: http://www.rethinkrefugees.com.au/real-stories/
Thanks,
- Lachlan, Amnesty International Australia.
brooke watson | Posted on 22 August 2012, 11:54AM | Report comment
confused
you are asking the questions which need to be asked.
There are some case studies on the Amnesty home website. Most of the case studies point to the fact that refugees come from right across the social scale, from scholars and professional people to rural subsistance villagers.
Common factors include destruction of their homes, imprisonment often with beatings, abuse, and torture, and forcefully thrown off their land. Many people have had family members killed or disappeared. Fear and desperation are the common themes.
Anyone has the right to claim asylum in another country if they legitimately fear persecution at home and/or cannot return home.
The Australian Federal Police and Australian Customs and Immigration and Foreign Affairs to work incredibly hard and with great determination, alongside NGOs like Amnesty,to change the circumstances which criminal elements may profit from in human trafficking and people smuggling. Australian powers however are limited to criminal acts which occur within Australian jurisdiction. If they have not committed their crime inside Australian borders there is no way we can use Australian courts to get convictions.
confused | Posted on 22 August 2012, 11:15AM | Report comment
Also wondering why we haven’t changed the law so we can prosecute the people smugglers. The “big” bosses behind the boats. The criminals profiting off vulnerable people. Why don’t we have an international task force go after those jerks!? Or do we? I’ve never heard of any.
confused | Posted on 22 August 2012, 10:45AM | Report comment
I also have a question. If someone is refused a “normal” visa to live and work in Australia could they/ do they then arrive seeking ” Asylum?” What qualifies a person to seek Asylum? Wouldn’t a longer processing time “buy them time”. Safe and with shelter, food etc.
I don’t understand, but I’m trying to!
confussed | Posted on 22 August 2012, 10:38AM | Report comment
***Deep Breath *** ok I’m being honest about this so please don’t get angry.
This whole issue is complicated, I get that. Like so many I haven’t got time or energy for years of research into the matter. What I have not yet come across is real life practical examples. or even real situations blended into “example fake people”(to protect identities of vulnerable people . The red cross show me why I donate blood, with stories of real situations. The RSPCA Tell me real tails :) of animals who need my help. Things I can understand on a human to human (or animal) basis.
All these debates only seem to further my ignorance re: genuine asylum seekers.
Also I have yet to hear much about the limits on our (Australia’s) resources. The truth is that the RSPCA has to turn many in need away, they do a great deal of good too of course. The Salvation army is another example…(I love the RSPCA and am not in anyway implying asylum seekers are “animals”...just to be clear.)
My point is that “the public” might find it easier to understand the challenge of refugees better with current real life examples to relate to.
I’m all for giving people a hand, I also don’t want to have to learn 4-5 different languages to do my shopping, pay bills, answer the phone etc.
I like “job security”, I fear Australia being “overrun” with smart, qualified people who do not necessarily share an interest in the “Aussie way” but instead want there country here minus the negatives.
I’m happy to share our Aussie way of life but not to have it taken and replaced.
These are real and valid fears, I’m not the only one feeling them.
Elise Coxhell | Posted on 20 August 2012, 10:07PM | Report comment
Thank you Brooke and Lachlan,
Brooke, you are right, I was a little harsh on Keri, and maybe it is a waste of energy, I confess I was a little incensed at her inflammatory comments. However I notice you have not chastised her, do you not feel she was a little unfair to me? Or did you feel that she would not listen to what you had to say?
Regardless, back to the point. Brilliant, informative articles from both you and Lachlan, hopefully Keri will take the time to read them. I confess I would take such childish insults more seriously if the person hurling them actually did some proper research on what they were talking about. Or maybe it was my sensationalist hyperbole that you were criticizing Keri? If so, my apologies. Australia is far from a third-world disaster, but if we keep up this warped, media-slanted, racist view of the rest of the world we may just set ourselves back a few hundred years.
This is an issue of humanity, of empathy, we are talking about human beings with families and dreams and desires and personalities, people who have love and memories and skills and knowledge, not cattle to be herded or sex toys to be used or punching bags to be beaten. PEOPLE who deserve respect, kindness, opportunity; a chance. People who want the same freedoms that people like Keri enjoy. Australia - despite all its history, laws, protections for its citizens, moral codes and modern first-world comforts - is condemning these PEOPLE to third-world conditions; violence, abuse, death, torture, poverty and depravity. This makes us as bad as the governments that allow this in their own backyard. “Injustice anywhere is a threat to justice EVERYWHERE”! Find the ability within yourself to do more than IMAGINE: Physically take control of your mind, create an awareness within yourself of what this would be like to go through. If you don’t like it and don’t want it to happen to you, the answer is simple: Do NOT simply ALLOW it to happen to someone else.
brooke watson | Posted on 20 August 2012, 01:23PM | Report comment
Thank you Lachlan - v interesting.
The Australian government will have a hard job convincing other governments to make or honour human rights commitments whilst our own issues are problematic.
Interesting regional stats from that Amnesty paper:
Malaysia hosts between 90,000 and 170,000 refugees and asylum seekers
Thailand 150,000 refugees living in nine camps on the Burmese border
Bangladesh > 26,000 registered refugees in and estimated 200,000 to 500,000 unregistered
Indonesia > 4000 refugees and registered asylum seekers and estimated further 10,000 unregistered
Conservatively we can guess at around half a million+ displaced people in refugee camps in our region.
The majority of the region’s refugees originate from Afghanistan, Iraq, Iran, Burma and Sri Lanka.
Lachlan, Amnesty International Australia. | Posted on 20 August 2012, 01:02PM | Report comment
Keri; many countries do not have a UNHCR resettlement queue. If they do, they are often quite difficult to access.
To compound issues, the vast majority of countries in the Asia Pacific region do not provide any sort of legal protections for asylum seekers - let alone access to basic services, or the ability to work legally.
That is the crux of this issue. There is no orderly, well-managed queue in the region, and there is next to no protection for asylum seekers in the region.
It is also not illegal to seek asylum by boat in Australia.
- Lachlan, Amnesty International Australia
Lachlan, Amnesty International Australia. | Posted on 20 August 2012, 12:05PM | Report comment
Hey Brooke, we’ve got an outline of our ideal approach to asylum seeker flows in the Asia Pacific region which you can read here: http://www.amnesty.org.au/refugees/comments/29456/
That piece outlines the Submission we provided to the Expert Panel on Asylum Seekers.
Cheers,
- Lachlan, Amnesty International Australia.
brooke watson | Posted on 20 August 2012, 10:54AM | Report comment
The reality according to CARITAS:
“Caritas says it is a scandal that about 2/3 of the refugees live in protracted refugee situations,
meaning that their average length of exile can last up to 20 years. 49 per cent of these persons
are women. Protracted refugees live in insecure and remote locations, including camps, rural
settlements, and urban centers, where they are dealing with poor living conditions. In 2009,
UNHCR listed at least 30 major protracted refugee situations. About 2/3 of refugees are in such
a situation, accounting for over 6 million people worldwide. ” !! - http://www.caritas.org/includes/pdf/ciforunhcrwomen.pdf
What should Australia’s role be in this global problem?
Many refugees would happily be rehabilitated to their countries of origin once safe to do so. Many wish to resettle in new countries.
Australia can take a place as a host country but we need to discuss the issue socially first and ask the questions about how many refugees will we take?
brooke watson | Posted on 19 August 2012, 02:32PM | Report comment
Elise
I don’t think it is fair to criticise Keri in that way - she would not be coming here if she didn’t feel and care.
Some stances are simply due to misinformation by the media such as that there are queues for refugee acceptance, that there is some sort of order to the process of fleeing to save your life and your family, and that refugees have choices and good information.
Amnesty has campaigned hard to change the conversation and we should all welcome all views into the discussion and seek to respond to those at variance with our own, with information such as :
http://www.theglobalmail.org/feature/you-heard-were-stopping-the-boats-you-heard-wrong/335/
kristen chisholm | Posted on 19 August 2012, 02:10PM | Report comment
Malcolm Fraser as usual speaks common sense. This is a purely political action, lazy, stupid shoddy and thoughtless. Australia must NOT sidestep its obligation under the Refugee Convention. Not only is it immoral but it is illegal.Citizens are entitled to be very angry at being forced into backing this illegal action. I arrived here in1966 and have watched Australia growing into a vibrant, forward looking country, aided in part by its many migrants whose different cultures have added immeasurably to our way of life.It’s up to all of us to keep the pressure on Parliament to actually listen to us not just act out of political expediency.
Elise Coxhell | Posted on 19 August 2012, 01:28PM | Report comment
Thank you Phyllis. Personally I would much rather share my backyard with people who have fled torture, imprisonment, persecution or death and who are thrilled to be here and enjoy the incredible country we are blessed to have, rather than someone as cold-hearted and selfish as Keri, who has obviously never known heartache, fear, or oppression. Keri’s comments are sadly not unusual in this racist age, but fairly typical of the narrow-minded beliefs of those who are unable to empathise or feel compassion for those in desperate situations. Keri, I would ask you to put yourself in the shoes of these people, to imagine your own government is hunting you to kill you, that they want to throw your entire family (including young children) into jail because of YOUR beliefs where they will suffer abuse, torture, rape etc, where the ONLY way for you to get out of the country is to pay everything you have to some dodgy captain to get on a clandestine boat destined for supposedly sympathetic shores, then to have that “sympathetic” government send you somewhere just as dangerous as where you were fleeing from, and incarcerate you and your family and children, where you are condemned to years and possibly decades under the rule of inhumane, abusive and terrifying captors. I would ask you Keri, but your monumentally stupid comments such as “voting ridhts (sic) for women should have been revoked long ago if your views are the norm” make it clear it would be a waste of time. When YOU are in this position though Keri, I challenge you to join this magical orderly queue and see how that goes for you. Good luck!
Phyllis Emerson | Posted on 18 August 2012, 12:19PM | Report comment
Elise, I feel your pain and anger. To think that no one in the Government can stand up and denounce this diabolical ruling. As a migrant I had a fair share of racist comments .
Unfortunately one of the worst things that is happening here is we have lost our compassion for our fellow human beings who find themselves in dire straights in their own countries and their first priority is to find a place of safety for themselves and their family. By locking these people up for no crime and wasting their lives without offering any HOPE. This is mind destroying. Won’t some one in authority please take a stand or are we just a gutless society?
keri wybrow | Posted on 17 August 2012, 07:01PM | Report comment
dont be silly Elise,third world disaster?.they should get in the q like the other law abiding refugees.voting ridhts for women should have been revoked long ago if your views are the norm.
brooke watson | Posted on 17 August 2012, 11:30AM | Report comment
I would like to mention also that the only reason that people traffickers can prosper is because world Governments will not work in partnership with each other and their citizens to properly deal with flows of migrating people.
True leadership is to be open, honest, and to listen to the mandate given by the electorate.
Dealing with issues ad hoc and in a disorganised way allows criminals to extort money from vulnerable people who are further put at risk because the traffickers have no duty of care.
Australia can take leadership by calling the UNHCR into a world council for the resettlement and rehabilitation of refugees and asylum seekers everywhere.
At the same time convening forums across Australia to present information and enable discussions.
My mother’s family and my father’s family both came from over the seas to settle in this land of indigenous Australians, so my personal discussion is about recognising what the indigenous Australians feel about taking large numbers of refugees and asylum seekers now and into the future.
I hope our governments have the courage to allow us ordinary Australians to participate in forums which feed back into decision making and policy.
brooke watson | Posted on 17 August 2012, 11:18AM | Report comment
OK Anthony
signed
I am a believer in a Global strategy in partnership with other host nations.
Let’s get the million people out of camps and resettled into new lives, or repatriated to their countries if that is their wish.
It will take a huge international effort, and some true leadership so that we can all participate, remembering that every individual refugee is a person with a story, hopes, visions, and the potential for greatness.