The voices of the detained

"For those who've come across the seas," is Australia living up to its proclamation to "share" its "boundless plains" and has it the "courage [to] let us all combine?"

The United Nations High Commissioner for Refugees (UNHCR) recently declared "asylum seekers would receive better protections in Malaysia under the Gillard government's proposed transfer deal, than being held in indefinite mandatory detention in Australia."

Australia ''would fall well short of the human rights criteria demanded of Malaysia under the deal signed in July," the UNHCR's regional representative, Richard Towle, told a parliamentary inquiry.

The Hazara protesters in Darwin mirrored this reaction: They were seeking "justice and fair process." They emphasised that their "protest [was] peaceful and very humble" - they "just wanted their voices heard."

Australia's mandatory detention policy does not permit asylum seekers to work or live in the community, while in Malaysia they would have these rights. Australia also forbids them the right to lawful stay, and punishes those that arrive by boat.

''In the context of the Malaysian arrangements, the assurances of legal stay and community-based reception for all transferees can be seen as a more positive protection environment that protracted - and in some cases indefinite - detention that many face here in Australia, provided the assurances are carefully monitored,'' said Mr. Towle.

How ironic.

Most advocates remained opposed to the Malaysia refugee swap deal, citing the lack of basic legal protections for refugees and asylum seekers, given that Malaysia is not a signatory to the Refugee Convention.

RCOA chief executive officer Paul Power suggests, "the recent High Court decision provided the Gillard Government with the perfect opportunity to move on from the myopic and destructive national political debate about asylum seekers.

It's time our political leaders admitted what Australians increasingly are realising – that genuine solutions to the needs of refugees cannot be found through more hardline domestic measures against victims of persecution."

Among the 147 nations that have signed the Refugee Convention, Australia is one of the few countries that support a policy of indefinite mandatory detention of asylum seekers who arrive without visas.

"Detention is currently being used as the only option available, instead of a last resort for entire categories of asylum seekers," says Mr Power.

"It applies for a length of time well beyond what is necessary to meet identity, health and security checks. Without legislated time limits, immigration detention remains indefinite, often with serious consequences for the wellbeing and mental health of detainees," Mr Power said.