Sep 02 2012

The ‘Recommendations’ and the Reintroduction of Offshore Processing

In June 2012, after the tragic death at sea of people seeking asylum in Australia, the Prime Minister, Julia Gillard, convened a panel of ‘experts’ to produce a report that would provide advice on the future direction of asylum seeker policy in Australia.

One of the report’s terms of reference is given as “how best to prevent asylum seekers risking their lives by travelling to Australia by boat” and this is a theme the panel returns to frequently.

In the report, however, this apparent concern for the sanctity of human life is subordinated to the broader and less humanitarian aim of ‘stopping the boats’.

Firstly it is important to emphasize that while the boat journey that asylum seekers take to Australia is dangerous it is accomplished most of the time without loss of life.

Of course that does not mean that the sea passage is an ideal means for seeking asylum in Australia but what is often ignored in the current debate is that people undertake this hazardous journey because the ‘official’ process of gaining sanctuary in a safe country is seriously broken.

There are more than 4000 refugees in Indonesia awaiting resettlement. There are, however, only two UNHCR staff in Indonesia to process all claims for refugee status. Australia has provided resettlement for just 56 refugees per year from Indonesia between 2001 and 2010 and only 24 were resettled in the first 5 months of 2012.

Asylum seekers waiting in Indonesia for ‘official’ recognition and resettlement can wait years for a positive outcome

It is for this reason that asylum seekers undertake the boat journey to Australia: because they see that they have no better option.

In the wake of ‘the recommendations’ the government moved with unseemly haste to introduce the ‘offshore processing’ element of the report. The government, with the support of the Liberal Party opposition, passed legislation that allows asylum seekers to be processed on Nauru and Manus Island.

Another aspect of the recommendations that has been embraced is a tough “no advantage” principle, which will ensure asylum seekers who arrive by boat will not be resettled any faster than those who go through regular channels.

This is a cruel political rendering of the ‘queue jumper’ myth. Prime Minister Gillard concedes that no calculation has been made as to how long people might wait in the ‘offshore camps’ for resettlement. The UNHCR is unable to give an estimate of how long an asylum seeker going though ‘regular channels’ might wait. The process is not an orderly one and each asylum seeker is treated on a case by case basis.

While the government and opposition moved rapidly to introduce ‘offshore processing’ they have not moved so quickly to implement ‘recommendation 2’ from the ‘panel of experts’; the increase of the Australia’s Humanitarian Program to 20 000 places.

Nor have has the government made particular mention of the report’s ‘capacity-building agenda’; the suggestion that there be a “substantial increase in additional places” allocated for asylum seekers currently languishing in Indonesia.

The government’s (and the opposition’s) reaction to the ‘expert panel’s’ recommendations demonstrates that the political imperative is not one of safeguarding human life or human rights. On the basis of a deeply flawed report and the Australian government has capitulated to xenophobia, ignorance and bigotry in a misbegotten attempt to court electoral popularity.

As the Australian parliament has failed to adequately and humanely address the issue of asylum seekers the refugee campaign is left with no alternative but to demonstrate its real opposition outside parliament, outside the detention centres; we will raise our voices anywhere we can.

 

We say clearly:

NO CRIME TO SEEK ASYLUM.

FREE THE REFUGEES.

Permanent link to this article: http://rran.org/uwa/2012/09/02/the-recommendations-and-the-reintroduction-of-offshore-processing/

Sep 02 2012

The Convergence on Northam

Over 150 people including UWA students attended the Demonstration at the Northam Detention Centre on Sunday 26th of August. Check out some of the News coverage and images of the day below…

The Australian: “Protesters rally at WA refugee Facility”

The West: “Protesters rally at Northam detention centre”

The view on arrival of the high security prison that is Northam's detention centre

The 150 + strong march call for an end to mandatory detention and condemn the Gillard government for its offshore processing policy.

Balloons are released over the hill for those inside to see

 

 

Permanent link to this article: http://rran.org/uwa/2012/09/02/the-convergence-on-northam/

Jul 09 2012

Convergence to Northam

More Details: Facebook Event

 

Permanent link to this article: http://rran.org/uwa/2012/07/09/convergence-to-northam/

Jun 19 2012

Still Deporting to Danger

Jade Roberts
Asylum seekers who are not successful in their claim for protection in Australia are still being deported to danger by the Australian Government.

Eight years since the Edmund Rice Centre published its first report, Deported to Danger,(1)revealing the terrible effects of the deportation of people to hostile countries, deportations continue to occur.

In December 2011 two Tamil men, Emil and Vithuran, were close to being removed from Australia and returned to Sri Lanka. Refugee supporters and activists delayed the transport of the men from Perth Immigration Detention Centre until a High Court injunction was issued, stopping the order for removal.(2)

This is amidst evidence that Tamils still fear persecution in Sri Lanka.(3)

The Deported to Danger report found that people deported from Australia faced both physical and psychological danger in the countries they were removed to. The report followed 40 asylum seekers who had been removed from Australia. 35 of them were found to be living in dangerous circumstances from the time of arrival.(4) Some were recognised as refugees by other countries after they were removed from Australia.(5)

In addition, the Australian Government was found to be exacerbating the danger posed to people in the countries of return. The report found that the practice of sending information about the person to the authorities of the receiving country resulted in imprisonments upon arrival.(6)  The practice of encouraging people to get false passports and issuing short -term visas and travel documents ultimately forced people to live illegally.(7) It was even reported that the Government encouraged the payment of bribes to officials in the receiving countries to secure entry for those arriving.(8)

Non-refoulement is the legal obligation at the core of the Refugee Convention 1957, to which Australia is a party.(9) Non-refoulement prohibits the return of rejected asylum seekers to countries in which they may be unsafe.

Complementary protection legislation, introduced in March 2011, has widened the grounds on which people may be granted protection. However, given the flawed process of refugee determination, indicated by the proportion of decisions overturned by the Federal Magistrates Court, it is highly likely that Australia has already deported people deserving of protection.

It is prohibited under the Refugee Convention to deport failed asylum seekers to danger. It is morally wrong for the Australian Government to remove people who have experienced devastating disruption to their lives, traumatic journeys to Australia and the torture of indefinite mandatory detention, to countries in which they are unsafe.

References

1. Edmund Rice Centre, Deported to Danger: A study of Australia’s Treatment of 40 Rejected Asylum Seekers, September 2004, available at www.erc.org.au/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=80

2. As reported in The West Australian, December 13 2011, available at http://au.news.yahoo.com/thewest/a/-/breaking/12329541/high-court-halts-tamil-deportation/

3. Press Release of the Australian Tamil Congress, available at http://www.australiantamilcongress.com/en/media/press-release/127-tamil-fears-of-persecution-in-sri-lanka-very-real.html

4. Above n 1, p 2.

5. Ibid.

6. Ibid, p 7.

7. Ibid, p 33.

8. Ibid, p 32.

9. Article 33 of the 1951 Convention Relating to the Status of Refugees

Permanent link to this article: http://rran.org/uwa/2012/06/19/still-deporting-to-danger/

Apr 22 2012

Rally for Refugee Rights at Perth IDC

Permanent link to this article: http://rran.org/uwa/2012/04/22/rally-for-refugee-rights-at-perth-idc/

Mar 13 2012

FORUM: What’s Wrong With Mandatroy Detention

To be held on Tuesday 27th March at 1pm in Arts Lecture Room 9.

Permanent link to this article: http://rran.org/uwa/2012/03/13/forum-whats-wrong-with-mandatroy-detention/

Protest Serco this Friday!

Serco is the company that runs and profits from Australia’s Detention System. This Friday the 9th of March, refugee rights activists, United Voice and CPSU unionists and human rights activists, Members of the Murdoch and Curtin university Refugee Rights Action Networks, Serco watch and Occupy Perth activists will gather at the offices of Serco at 225 St Georges Terrace in Perth at 12pm to protest the company’s role in the various atrocities of the detention system.For UWA students and RRAN-UWA members, a bunch of us will meet at the underpass to Stirling Highway at 11.20am to catch the bus together to the demo. To get a sense of the scale of this company and how it profits from human misery, you can watch this video… Serco: The biggest comapny you’ve never heard of.

Last year, activists in melbourne held a similar action at the building that Serco occupies in Melbourne. You can see some footage from that action here.

 

Permanent link to this article: http://rran.org/uwa/2012/03/06/protest-serco-this-friday/

Feb 14 2012

Strength in Resistance: Why Activism is an essential part of the campaign to end mandatory detention.

In its 20 year history, the policy of mandatory detention has incarcerated thousands of refugees, cost billions of dollars and resulted in a series of deaths and untold trauma. The most recent figures of the current detention population are 4,409 including 441 children and underage minors.[1]

Despite the horrors and indignities there is also a record of resistance to this from within and beyond the fences and it is this that is essential to the ongoing campaign that will end this rotten and inhumane system.

The call to action at Baxter in April 2003 reads;

“The invisibility of those inside is made possible by locating the ‘detention facility’ in the desert. Information barriers are strictly policed by the state and the private corporation that profits from incarceration. Letting the imprisonment of those inside go unchallenged will only strengthen the forces that control the lives of people on both sides of the fence.”

This statement remains true nearly a decade later. The ability of the Australian Government, DIAC and SERCO to conceal the reality of their regime is an essential part of their strategy to continue its project of demonisation of the most vulnerable in our society.

DIAC dresses it up as ‘Values’

The Australian Department of Immigration and Citizenship cites 7 Key “immigration detention values”. [2] Sections 4, 5 and 7 are of particular note;

“Detention that is indefinite or otherwise arbitrary is not acceptable and the length and conditions of detention, including the appropriateness of both the accommodation and the services provided, would be subject to regular review.”

There is no set limit on the length of detention and so it remains indefinite until such time as the department processes claims, currently over 2,000 of those detained have been for more than a year[3], and a number of cases have come to light of those with refugees status remaining in detention.[4] Refugee status is not assessed until well after a person is detained and so the process of mandatory detention is inherently arbitrary. Over the last 10 years the Human Rights commission has regularly investigated various detention facilities and concluded that the system breaches fundamental human rights.[5] A review may be one thing but acting on it is another and the federal government seems comfortable not to take heed of this advice.

“Detention in immigration detention centres is only to be used as a last resort and for the shortest practicable time”.

The system of mandatory detention is as it sounds: mandatory. There are no other processes in place to avoid this situation and if you’ve had the misfortune of hearing Julia Gillard or Chris Bowen lately you’ll be sure this is the case.

“Conditions of detention will ensure the inherent dignity of the human person.”

This is a gross contradiction in terms, on the one hand to treat a person with human dignity and on the other to incarcerate them in a prison for an indefinite period of time. I recently witnessed a young man being referred to as “176” by a SERCO guard at Leonora. If this is considered treating a person with human dignity then I am on another planet!

The government has ignored such respectable critics as the Australian Medical Association, The Human Rights Commission and Australian of the Year Doctor Pat McGorry for as long as they have voiced their concerns. In the last few weeks as part of Amnesty International’s tour of Australian Detention centres it concluded that Curtin detention centre should be closed immediately.[6] However it is the pressure of the grass roots campaigns in the past that have really put a thorn in the side of the government’s detention regime.

Solidarity and Resistance

The resistance of refugees and their supporters on both sides of the fences has been a regular occurrence that has dotted this system’s sordid history. On the Easter long weekend of 2002, around 1,000 Refugee rights activists from around the country travelled to Woomera Detention centre to protest the rotten conditions experienced by those detained there. “We are human beings not animals!” said one man through the fence poles. The truth could no longer be ignored.

Public opinion changed dramatically in the early 2000’s response to images in the media of refugees sewing their lips together and masses of protestors supporting those inside in their treatment in breaking through the fences such as at Woomera in 2002. In 2005, following a protest at Baxter, polls showed 64 per cent of people supported refugees compared to 32 per cent in 2001.[9] This is a clear indication that public opinion can change when the real suffering and humanity of those detained is revealed. This can only be done by unequivocally denying the legitimacy of the fences, the wires, and of mandatory detention. This is the kind of pressure that is needed to end this system in its entirety.

While the horrors of Australia’s treatment of refugees and asylum seekers reach new lows they are not without opposition and students at UWA should be among those loudly opposing them. It is up to us to be a voice for those whose voices are continually silenced and discredited, to reveal the reality of mandatory detention. Presently Gillard and Abbott race to the bottom confining the discussion in public fora to the most vile and the most brutal of policies. In 2011, there were a series of suicides and protests from within the detention centres, which unfortunately have become an everyday reality. In the six months to June 2011 already there had been 213 injuries from self harm and 723 hospital admissions from voluntary starvation. What is needed is to challenge the physical barriers that bolster the racist ideology peddled by this and governments previous. If you are on the side of human rights then it is time to stand and fight. Will you be on the side of justice, or look back on history in shame? This is a call to action.

Teri Gibson
14th Feb 2012
1.DIAC Website Statistics: http://www.immi.gov.au/managing-australias-borders/detention/facilities/statistics/
2.DIAC website. http://www.immi.gov.au/managing http://www.immi.gov.au/managing-australias-borders/detention/facilities/statistics/-australias-borders/detention/about/key-values.htm
3.DIAC Website Statistics:http://www.immi.gov.au/managing-australias-borders/detention/facilities/statistics/
4.Suicide death at Villawood. http://www.smh.com.au/nsw/sri-lankan-dies-at-sydney-immigration-centre-after-receiving-festival-rejection-letter-20111026-1miox.html
5.Human rights commission Leonora Report: access at http://rran.org/uwa/resources-and-publications
6.ABC News: http://www.abc.net.au/news/2012-02-13/amnesty-critical-of-christmas-island-detention-centre/3827372
7.Monash Weekly: http://www.monashweekly.com.au/news/local/news/general/monash-university-rooftop-ruckus-over-refugees/2244080.aspx
8.http://www.sa.org.au/index.php?option=com_k2&view=item&id=4586:a-history-of-resistance-on-both-sides-of-the-razor-wire&Itemid=453
9.http://www.sa.org.au/index.php?option=com_k2&view=item&id=5672:refugees-new-visa-a-cruel-hoax-baxter-protest

Permanent link to this article: http://rran.org/uwa/2012/02/14/strength-in-resistance-why-activism-is-an-essential-part-of-the-campaign-to-end-mandatory-detention/

Dec 14 2011

Emergency Action Called for Perth IDC

We have just gotten word that the Federal Magistrates Court has found that it has no jurisdiction to hear these appeals.  The case of the first Tamil asylum seeker has now been taken to the High Court but we have not received any indication of when a decision will be made or if the Australian Government will honour these legal proceedings.

This means that there is a real danger of a deportation going ahead today.

If you are able to make it to the Perth Immigration Detention Centre (at the corners of McComb and Baker Roads, next to the Perth Domestic Airport), please do so ASAP.

Updates will be posted as they become available.

Permanent link to this article: http://rran.org/uwa/2011/12/14/emergency-action-called-for-perth-idc/

Dec 14 2011

Deportation Update: Right Down to the Wire

Justice had one small win today as just a few hours before a Tamil father was due to be returned to Sri Lanka, his deportation order was stopped by the Hight Court.

Refugee Rights Action Network has been working feverishly all week to assist in blocking this crime.

Friday the Federal Magistrates court dismissed an application for an injunction on the deportation. However on Friday Mr F’s case was added to a High Court Challenge to elements of off-shore processing that violate procedural fairness. The lawyers felt that the acceptance of these documents would be enough. They contacted the governments solicitors Friday afternoon to “request” the deportation order be stopped. RRAN members visited the two men facing deportation and it became clear the government and Serco were intending to continue with the deportation irrespective of an active case in process!

RRAN was on site when Mr F was moved from Perth IDC to another immigration facility and spent many hours Sunday blockading the centre and communicating with asylum seekers.

On Monday, the day Mr F was due to be put on flight SQ 226 Singapore Airlines at 3:55 PM, RRAN staged a protest again at Perth IDC and successfully prevented Serco from removing another man due to be deported tomorrow. Networking with activists across the country, we supplied information as well as received updates from the courts. First the frightening news the Magistrates Court declined again to hear a case for an injunction as they declared they had no jurisdiction. Then the agonising wait for the High Court to decide…

Mere hours before the flight was scheduled to leave, and after Mr F had been removed to the airport, the news we were all waiting for came through.

INJUNCTION GRANTED! We made sure all the men inside heard the news!

Amid the usual chants of “Freedom” and “Refugees are welcome here” we included “This time we won: we got an injunction” and “No deportation today”

The man due to be deported tomorrow got word to us: “You all rock!”

We were relieved when the news came that Mr F was removed from the international airport but of course this was tempered by the news he was returned to detention.

We now wait to find out the fate of the second man who is due to be deported tomorrow unless another injunction is granted.

Permanent link to this article: http://rran.org/uwa/2011/12/14/deportation-update-right-down-to-the-wire/

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