In fact, Australia revisited our agreement to the original Convention and subsequent updates and additions as recently as 2008, so the Convention has not exactly languished unexamined for almost sixty years.
There may well be reasons why the Convention needs re-assessment. However, until such time as it is revisited, the facts remain that Australia did not add a rider to the Convention limiting the manner in which asylum seekers could arrive in this country. Australia did not specify that those seeking asylum must have a certain amount of money, or no money. Australia did not say we would accept asylum seekers only from specific countries. Australia did not add a clause specifying only people in queues.
At the heart of “Stop the Boats” is a profound dishonesty and immorality. Those promoting this position are making a mockery of UN Conventions, and domestic law.
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They are advocating the behaviours and attitudes of a rogue state, while in an act of two-faced political bastardry, continuing to apparently support the principles of the Convention, by virtue of making no move to withdraw from it or change it.
If we don’t intend to abide by our obligations we should withdraw from the Convention, and change domestic law. As it is, we are inviting asylum seekers to seek sanctuary in Australia, then incarcerating, criminalizing or refusing them entry when they accept our invitation.
We are subjecting them to indefinite mandatory detention when they have done nothing more than recognize Australia as a democratic country that has signed the Refugee Convention, and therefore as a safe place for them to seek asylum.
This is a despicable act of duplicity, of which our nation should be thoroughly ashamed.
On December 6 2010, Amnesty International launched a campaign they titled Stopping the spin on "the boats." Amnesty’s research found that hostility towards asylum seekers originates not in racism, but is primarily caused by myths and misinformation, for example their portrayal by politicians and some mainstream commentators as “illegals without papers.” This framing implies to the community that boat arrivals are committing a criminal act by attempting to force their way into the country ahead of a mythical queue comprised of those who do not arrive by boat. This offends a strong community sense of the fair go, and provokes antipathy and outrage, yet is entirely inaccurate.
It’s a brilliant example of the power of propaganda when applied by both government and colluding media.
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In November last year, a High Court ruling put all asylum seekers on an equal footing under Australian law, regardless of their mode of travel. (Sydney Morning Herald November 11 2010. Court casts doubt over legality of processing off-shore asylum seekers.) In spite of this re-affirmation of our domestic law by the High Court, Abbott and many media commentators still continue to use the term “illegals.”
Assertions that asylum seekers want to come here because they know they will receive welfare payments etc makes little psychological sense.
People with the drive, ingenuity and courage to undertake journeys such as theirs, are not usually people who easily accept welfare as a life-style.
However, when people with these strengths are incarcerated for indefinite periods and/or issued with temporary protection visas (TPVs) whose long term uncertainty has alarming effects on their well being, they are damaged in ways they have not been damaged in the countries they fled, and may well be much reduced in their extraordinary strengths, and their will to survive and prosper. Their spirits can be broken.
This article first appeared on the author’s blog No Place for Sheep.
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