Friday, 25 September 2015

Border Force Act Shoots the Messenger- But Why?


Ruth Skilbeck

September 9, 2015

The seemingly endlessly circular public and humanitarian discussions of policies over how “irregular” entry refugees are treated began most strongly in Australia at the beginning of the century, in August 2001, with the Howard government’s refusal to give permission to enter Australian waters to the Tampa, a Norwegian boat that saved 433 people when their boat was in distress, hundreds of miles off the coast. Australian authorities had conveyed the distress call to the Tampa and like any responsible ship captain in such a situation Captain Arne Rinnan wanted to bring them to safety. They were in Indonesian waters, and some of the ‘boat people’ were threatening ‘jump overboard’. He intended to land them on nearby land, Christmas Island.  But his request to enter Australian waters was refused. Captain Rinnan decided, for reasons of the safety of his passengers to continue as people were in distress; he did not have life jackets and provisions for more than 40 people on his ship, the number it was licensed to carry. Australian SAS boarded the ship.

New Zealand took in 131 of the asylum seekers, the rest were taken to Nauru; PM John Howard said they could never come to Australia. This was the start of the Pacific Solution, which has created migration “zones of excision” excising the northern coastal borders and waters from Australia’s “migration zone” to deter arrivals of asylum seekers.

Asylum seekers in the excision zone cannot access Australia’s migration determination system. They are transferred to the Australian-run detention centre camps in Papua New Guinea’s Nauru, and Manus Island, which reopened under the Rudd-Gillard Labor government, that have been denounced by the United Nations for not processing any claims for refugee status, and failure to care for the asylum seekers.  (There have also been reports of towing back boats to Indonesia and the Australian government paying $30,000 to tow back a boat).

Professor Gillian Triggs, President of the AHR Commission, was verbally attacked for months this year, told the government had “lost confidence” in her and urged to resign, when the report she oversaw The Forgotten Children (2014) was released, detailing abuse of children in the camps including sexual and physical assault. She refused to resign under political pressure for to do so she said in her appearance in the Senate committee “would undermine the independence of the commission.”

Whereas Australia’s two major parties have a unilateral approach to refugee issues, the Greens have consistently demanded a more humane policy and are calling on the Australian Government in the ongoing crisis displacing millions of Syrian people fleeing the murderous rampages of IS and US bombings (soon to be joined by Australia) to increase intake of refugees and release Syrian asylum seekers in Nauru and Manus Island detention centres for refugee processing in Australia.

Fourteen years ago, with the horrors of the September 11 attacks weeks away, the Tampa incident created a political expediency, which was seized upon and has shaped the tough politics of not treating irregular asylum seekers according to international law that states people in fear of their lives have a right to flee, and be resettled in a country that is a signatory to the UN Refugee Convention which Australia is.

The United Nations Declaration of Human Rights defines a refugee as “a person who…owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or, owing to such fear, is unwilling to avail himself of the protection of that country.” It is this definition that has been incorporated into Australia’s 1958 Migration Act.

Many with a moral conscience including the 51 artists who boycotted the 2014 Sydney Biennale over links to detention centre profits funding by Transfield, and was effective in pressing for the ending of those ties, and the National Council of Churches in Australia Refugee Taskforce, oppose Australia’s hard line approach, to what is now the world’s major humanitarian issue of asylum for refugees. But since the Tampa incident part of the rhetorical approach of the government has been to refuse to listen.

Following the Australian Human Rights Inquiry and report, and the recent Senate Inquiry and report into abuses and the stream of whistle-blower reports of murder, sexual abuse of children, girls, women, men, and drugs in exchange for sex with children and women, in the detention camps, the Border Force Act was brought in on July 1.

This forbids any workers in detention centres to talk about abuse they witness, with a two-year jail sentence, in an attempt to gag doctors, nurses, community and social workers, as well as security and management.

The Papua New Guinea government has recently raised the cost of applying for a visa for media to report on the camp on Nauru from $200 to $8000, if refused it is not refunded. This is clearly designed to act as a deterrent.

In August, Transfield Services announced the expected renewal of its five-contract. “This company was paid $1.2 billion by Australian tax payers to manage these gulags on Manus Island and Nauru. Transfield and their sub-contractors should have been punished by their poor performance, not rewarded!” said Sister Brigid Arthur, a regular visit to mainland detention centres who works with the women and children who are victims of sexual assault on Nauru.

At the same time the global refugee debate is igniting the world in new dialogues.

Ruth Skilbeck, PhD, is an author, arts writer and freelance journalist. Her latest book Missing is coming out soon.

References:

Skilbeck, Ruth, ‘Exiled Writers, Human Rights and Social Advocacy Movements in Australia: A Critical Fugal Analysis’, in ed. John Nguyet Erni, Cultural Studies of Rights: Critical Articulations Routledge, 2014 (fourth edition).

Brennan, Frank, Tampering with Asylum, University Queensland Press, 2003


Press Release National Council of Churches in Australia, ‘Transfield awarded yet another 5 years to mismanage offshore detention centres,’ 31 August 2015

Michael Gordon, Sarah Whyte, ‘Defiant Gillian Triggs resists pressure from Abbott government to resign’ The Sydney Morning Herald online, 25 February 2015.

Taking Responsibility: conditions and circumstances at Australia’s Regional Processing Centre in Nauru.
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Regional_processing_Nauru/Regional_processing_Nauru/Final_Report

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