SPEECH FOR LABOR FOR REFUGEES, SPEECH
TO BRANCHES, JENNY HAINES
On
the 60th Anniversary of the Signing of the Refugee Convention, on World
News Radio, Dr Susan Harris-Rimmer, Director of Studies at the Australian
National University's Asia-Pacific College of Diplomacy said of the Refugee
Convention-
"Robert Menzies signed on to the Convention
in 1954 because the memory of war -- and the aftermath of war, and the
negotiations to deal with all the refugees produced by the Second World War --
was still very fresh in the Australian memory. I mean, Robert Menzies was no
soft-hearted humanitarian. He wasn't necessarily an internationalist. He was
pretty similar, in many ways, to the current Prime Minister, Tony Abbott, and
John Howard. He was acting in Australia's national interests. Darwin had been
bombed, Australians had been captured in Singapore, enemy submarines had been
in Sydney Harbour. It wasn't inconceivable to Menzies that Australians might be
refugees themselves. And so there was a reciprocity in signing the Convention,
in the sense it might benefit Australians or our neighbours, and that sense of
reciprocity is the heart of international law.”
Reference http://www.sbs.com.au/news/article/2014/01/22/advocates-mark-60th-anniversary-refugee-convention
The commitment to the Refugee
Convention in 1951 was a bipartisan commitment. Doc Evatt the Labor Leader at
the time had been instrumental in the establishment of the United Nations and
the writing of the Universal Declaration of Human Rights. He was enthusiastic
about the formation of the Refugee Convention.
Paul
Power from the Refugee Council of Australia reported on the 60th
Anniversary of the signing of the Refugee Convention that -
“Australia
was represented at the July 1951 Conference in Geneva, where they spent
three-and-a-half weeks developing the various articles of the Refugee
Convention, and one of the articles said that it would come into force 90 days
after the sixth country ratified, or acceded to, it. And it just so happened that
Australia was the sixth country."
Ahead
of Australia, five European countries -- Denmark, Norway, Belgium, Luxembourg
and Germany -- had signed up over the first two years.
Indeed,
the original convention was very much about Europe, where the war had displaced
millions of people.
Many
were Jewish refugees who had escaped the Holocaust, and many were Eastern
Europeans who didn't want to go back to their home countries now under
Communist rule.
Mr
Menzies signed into effect an International Convention that defined who was a
refugee, the rights of a refugee and the legal obligations of countries signing
up to the Convention.
Refugees
were, it said, people outside their own countries who feared persecution
because of their race, nationality, membership in a particular social group or
political opinion.
Nations
signing up, it said, could not expel refugees, could not return them to places
where they were not safe.
The
Convention, in fact, referred specifically to events occurring in Europe before
1 January 1951.” Reference Ibid.
In
1967, Australia ratified the Protocol Relating to the Status of Refugees. 146
countries ratified this Protocol. Where the United Nations 1951 Convention
relating to the Status of Refugees had restricted refugee status to those whose
circumstances had come about "as a result of events occurring before 1
January 1951", as well as giving States party to the Convention the option
of interpreting this as "events occurring in Europe" or "events occurring
in Europe or elsewhere", the 1967 Protocol removed both restrictions on
time and place. Reference :http://en.wikipedia.org/wiki/Protocol_Relating_to_the_Status_of_Refugees
How times were different then. Or were they? There were millions of displaced people
fleeing war, persecution, torture and death. There ARE millions fleeing war,
persecution, torture and death now. Certainly many of those displaced then were
European and many were Christian. Now refugees largely come from the Middle
East, Arab Countries and South East Asia and aren’t Christian. Why does that
make a difference? Australians themselves had been through the deprivations of
war, whereas now Australians live in comparative luxury compared to the living
conditions of refugees on the trail to find a safe haven.
In
our political life bipartisanship on the issues of refugees and asylum seekers has
become fraught, with the LNP Coalition seemingly determined to take the
toughest line they can get away with with the electorate, and the Labor Party
Federal Caucus in government and in opposition struggling to keep up.
John
Howard set the pace after 9/11 with the Tampa and the fear campaign that those
coming on the boats may be terrorists. What self respecting terrorist would get
on a rickety boat and risk drowning? They would fly in of course! The Labor
Party led by Kim Beazley was helpless and hopeless in the face of Howard’s
assault on the rights of refugees. It was Beazley’s me-tooism that led John
Robertson, Amanda Tattersall and Paul Howes to found Labor for Refugees.
Labor for Refugees is made up
of party members and trade unionists who, in 2001, committed themselves to
updating and improving Labor Party Policy on refugees and asylum seekers. At
State and Federal Conferences of the party since then Labor for Refugees have
worked hard. At the 2002 NSW State Conference, Labor for Refugees successfully
led the push for the improvements to NSW State Party Policy on refugees and
asylum seekers, combining Right and Left voters in an almost unanimous updating
and improvement in party policy. NSW State Party Policy on refugees and asylum
seekers was updated again in 2007. Labor for Refugees was instrumental in the
improvements to National Policy at the National Conferences of the ALP in 2004,
2007, 2009 and 2011. The next National Conference of the ALP is going to be
crucial in determining whether the ALP can return to a fair and humane policy
on refugees and asylum seekers.
We face a crossroads in our
party. In the last 2 years at least four State Conferences of the ALP have
supported Labor for Refugees initiated motions. In
WA, Victoria and Queensland, those resolutions were carried unanimously. In NSW
there were amendments but the resolution put by Labor for Refugees was only
narrowly lost. We have a divided Caucus with a number of members, Melissa Parke
MP for Fremantle, Anna Burke, the former Speaker of the House, and others
trying to move the Caucus to a more humane position. The Federal Labor Caucus
Majority at the present is committed to offshore processing. This was the
position adopted by the Gillard Government after a number of deaths at sea from
2008. The Caucus Line now could be summed up with - we have to maintain the
offshore detention centres but administer them better than Scott Morrison in
order to stop the boats and stop the drownings.
Labor for Refugees recently
published our second book The Drownings’ Argument in which 11 prominent writers
and activists for refugees explode the drownings’ argument. Ged Kearney
launching this book in Geelong recently called it a “small book but mighty”. You can order a copy of this book here
tonight. Julian Burnside, the prominent Melbourne QC who now campaigns for
refugee and asylum seeker rights, and who has just won the Sydney Peace Prize
for his efforts, says in this book,
“Let’s be very clear about this: every death at sea is a tragedy. No-one
wants to see refugees die in their attempt to escape persecution, but the often
recited concern about refugees drowning is just hypocritical propaganda.”
“People
like Abbott and Morrison express their concern about refugees who drown. They
are not sincere, but it provides a vaguely respectable excuse for harsh
policies. I will say this plainly: when Abbott and Morrison say they are
worried about refugees drowning on their way to Australia, they are lying: they
are deceiving the public. It opens the way for them to mistreat asylum seekers
who have not drowned, and it helps them pursue the darker purpose of keeping
refugees out.”
Reference The Drownings’
Argument, Labor for Refugees, 2014, Page 12.
But
our Shadow Immigration Spokesperson Richard Marles suggested recently that the
Caucus move on from that position when he said in a stunning departure from previous Federal Labor
Caucus refugee policy on Sky News on Sunday 26th October 2014,
“that if Labor was returned to office it might not jettison
the centrepiece of the Coalition’s border protection. Labor would need to be
convinced the policy was safe and not erode the relationship with Indonesia”,
Mr Marles said, adding those questions had not been answered because of the
“shroud of secrecy of operational security. We have no doubt
at all about the impact of the turnback policy,’’ Mr Marles said. “It has had
an impact and, let me be clear about it, it has to be said in combination with
the regional resettlement arrangement which Labor put in place.’’ Reference http://www.smh.com.au/federal-politics/political-news/labor-might-turn-back-the-boats-richard-marles-20141026-11bym6.html
Uproar
followed within the Federal Caucus, the ALP generally and in the
community. By the following day, Richard
Marles was backing away from these comments but his defenders in the Federal
Labor Caucus then called for the next National Conference of the ALP in 2015 to
accept turning back the boats as party policy. Reference The Australian
28.10.14, 12.00am, Jared Owens Reporter. “Opposition moves to adopt the Abbott
government’s policy of turning back asylum-seeker boats would be resisted at
next year’s ALP National Conference, exposing a damaging internal rift ahead of
the next election.Labor immigration spokesman Richard Marles yesterday maintained he was
“open-minded” about the border measure to deter people-smuggling from
Indonesia. But he refused to commit to turnbacks, even if Labor could be assured it was safe and did not harm
relations with Jakarta.”
Good
grief !!! Even Julia Gillard in 2010 said….
“Let me say one thing loud and clear. Our
nation would not leave children to drown. We are Australians and our values
will never allow us to embrace this kind of evil. So inevitably, the so called
strategy of turning back the boats would become a strategy of rescuing asylum
seekers from the water with all the risks that that entails to the lives of
defence and customs personnel. The slogan is hollow and Mr Abbott knows it.”
Reference Lowy Institute Speech, 6.7.10.
In
response to Richard Marles’s comments, Robin Rothfield the National Co convenor
went public warning Richard Marles that he was “out of step with party members”, calling Richard’s statements about
retaining the Coalitions hard line on boat turnbacks as “absolutely appalling” and
“totally unacceptable.” Robin said, “He has to keep in tune with the party
membership. His views are totally out of line with the party membership.”
Richard
Marles backed down after several members of Caucus refused to back his proposed change to their policy but
there was a quote in the media from some right wing members of the Caucus for
his proposal to be put to the next National Conference of the ALP.
Labor
for Refugees wants the next National Conference of the ALP to be a break away
from the policies that Labor has pursued over recent years. The next National
Conference of the Party is a chance for Labor to make a break with the past and
move towards a more humane and fair policy for refugees and asylum seekers.
What we also need now is a commitment that those who will be part of a Labor
Government on our behalf will accept and implement a more humane policy, and
not keep allowing the LNP Coalition to set the agenda on the treatment of
refugees and asylum seekers.
THE IMPENDING
LEGISLATION
But right now, in Parliament, refugees and asylum seekers
and indeed the people of Australia themselves, face an attack on their rights
and libertities. Scott Morrison is seeking to bring in legislation that
includes all of the measures that he has ever wanted the Migration and Maritime Powers Legislation Amendment
(Resolving the Asylum Legacy Caseload) Bill 2014.
Since becoming Minister for Immigration and Border Protection,
Scott Morrison has implemented an unprecedented assault on the rights of
refugees and asylum seekers. He did inherit what Labor left behind, up to
35,000 unprocessed asylum seekers in on shore and offshore detention. Make no
mistake, Scott Morrison wants to deport these 35,000 asylum seekers and he will tear up the rule of law in this
country if he has to, to achieve that. Morrison is at war with asylum
seekers but he is also at war with the Australian legal system. Refugee
Advocate lawyers are fighting him tooth and nail through the courts ,
especially the High Court, to stop his assault on the rights of asylum seekers.
So far the High Court is winning. Reference: https://twitter.com/MalcolmFraser12/status/526966215634202626/photo/1
But this legislation, if passed, will give Scott
Morrison unprecedented powers as a Minister. This is the legislation of Scott
Morrison’s wet dreams!!! If passed in its draft form, his powers will not be
subject to the rulings of the High Court.
What this legislation does is:
1. Removes
references to the Refugee Convention from the Migration Act.
2.
Suspends the rules of natural justice
applying to asylum seeker applications – removing the possibility of High Court
challenges. This cannot be allowed to
happen. The rule of law and the judiciary
is fundamental in our democracy, ensuring fairness, justice and transparency in
decision-making.
3. Brings
in changes that would allow boats carrying people seeking asylum to be towed
anywhere beyond Australian territories, including the open sea, and leaving
them there without regard for the safety of their passengers.
4. Introduces
a fast track assessment process with no access to the Refugee Review Tribunal
(RRT) and very limited review processes.
It should be noted that fast turnaround processing was ruled illegal in
the United Kingdom in July 2014 as it carried an “unacceptable risk of
unfairness.”
http://www.righttoremain.org.uk/blog/high-courts-dft-order-is-toothless-but-perhaps-predictable/
5. Brings
in changes that mean that children born to asylum seekers in Australia who
arrived by boat, will not be eligible for any visa, but would be classified as
“transitory persons”, creating a new group of stateless persons. Unfortunately
the High Court has given this some validity in a recent ruling that said a
child born to asylum seeker parents in an Australian or offshore facility is
deemed to have been born on a boat…..what an extraordinary decision!
6.
Introduces
Safe Haven Enterprise Visas, as suggested by the Palmer United Party. These
would be temporary visas for 3 to 5 years which would not lead to permanent
protection visas even for those people assessed to be refugees. There is no justification for leaving people
found to be refugees in limbo, with no prospect of resettlement in Australia.
There is no doubt that this
legislation will get through the LNP Coalition dominated lower house but it can
be stopped in the Senate. If Labor and Cross Bench Senators decide not to
support the proposed changes the legislation is dead. This legislation must die in the Senate. So far Richard Marles has
indicated that Labor will move amendments which they expect to be lost, and
then vote against the whole Bill. This is very important. We cannot afford to
give Morrison unprecedented power.
SO
WHAT IS THE SOLUTION?
Australia needs to grow up and
recognise that we are part of the world and that we have international
obligations as a world citizen. We are currently taking 13,500 refugees and
asylum seekers a year, reduced by the current government from 20,000. Recently
250,000 refugees crossed from Syria into Turkey in a matter of days and we
whinge and whine about 13,000 in a year! Sweden
takes in more refugees through the UN agency UNHCR than any other European
country; this year it has decided to allocate almost one-third of its quota
(600 out of 1,900 resettlement places) to Syrian citizens and Palestinians from
Syria. Reference: http://www.theguardian.com/world/2014/apr/29/syrian-refugees-sweden-new-life
Lebanon,
a country with many troubles is almost at breaking point with trying to care
for the refugees flooding in to that country. In October 2014 the U.N. High Commission on Refugees estimated that by December
2014, Lebanon will have taken in 1.5 million refugees. This is a considerable
burden for a country with a population of only 4.5 million, leading Lebanon’s
government to announce last week that they could no longer continue to accept
Syrian refugees. Reference: http://www.ipsnews.net/2014/10/lebanon-at-breaking-point-over-refugees/
After a terrible
number of drownings at sea, and uproar within the Italian community, the
Italian Government has until recently run a program called Mare Nostrum in
which they go out and collect people from asylum seekers boats and welcome them
with open arms as migrants. That program has recently been modified on the
distance they will go to do pick-ups due to the cost to the Italian Government,
already struggling with the after effects of the GFC. Fears have been expressed
that up to 3000 asylum seekers a year will lose their lives in drownings due to
the ending of Mare Nostrum.
Australia needs a properly
negotiated and structured regional framework in which we acknowledge our
responsibilities not just dump them on countries like Cambodia which can barely
afford to feed, clothe and educate its own people. We need to work with our
regional neighbours towards a system of co-operation which ensures the
protection – not rejection – of people seeking safety and security. And this
process needs to start BEFORE people get on boats or even need to get on boats.
Labor for Refugees has outlined how this could work to several Labor Ministers
and our views are documented in our first book, Alternatives to Offshore
Processing. You can also order a copy of this book here tonight. Ministers say
to us that the Indonesians won’t co-operate. We have had people talking to the
Indonesian bureaucracy and they are very interested in the idea. It can be
done. There just has to be the will in government.
The next Labor Government needs
to develop approaches to the processing of refugees and asylum seekers which
are based on decency, the rule of law and which protect human rights.
Our National Platform
currently says
“Labor recognises the economic and social contribution that has
been made by migrants and refugees throughout our nation’s history. Labor
regards Australia’s diversity as a source of national strength and a critical
factor in nation-building.
147 Australia
is and will remain a society of people drawn from a rich variety of cultural,
ethnic, linguistic and religious backgrounds. Australia is and will remain a
multicultural society.
148 To support
Australia’s multicultural society, Labor’s migration policies will:
●● remain non-discriminatory
●● respect the heritage and traditional customs of
migrants and their children
●● recognise the importance of all aspects of the
migration program, including skilled, family and humanitarian streams
●● be evidence-based, supported by rigorous
research and evaluation
●● support Australia’s social cohesion by
encouraging universal respect for Australia’s democratic beliefs and laws, and
the rights, responsibilities and
privileges of Australian citizenship
●● promote our cultural diversity and combat
prejudice and discrimination
●● consistently oppose those who
foster extremism, hatred, ethnic division or incitement to violence.”
We in the Labor
Party, we as Labor in Government need to give effect to those words.
END OF SPEECH
