Tuesday 5 March 2013

Bring them home...

I've talked often about the issue of asylum seekers in detention; the fact that many face an indefinite wait, the fact that children are imprisoned, the potential for harm, both physical and psychological. All of these are real dangers and as of today we know there will be little independent scrutiny to inform us if they occur.

The Australian Human Rights Commissioner has received legal advice that she has no jurisdiction to inspect and hear complaints from asylum seekers held on Nauru and Manus Island. The Fairfax press yesterday reported (http://bit.ly/166OLZF) advice from the Solicitor General that prevents scrutiny and calls into question how human rights are to be safe-guarded.

This advice comes after the government received heavy criticism from the United Nations in December over conditions in offshore processing camps (http://bit.ly/166SwOS). At the time the Minister for Immigration described conditions as 'adequate', whatever that means in real terms. He also claimed the government would continue to work with the Nauru government to improve conditions.

In light of the current legal advice it seems that further work will not be subject to any independent scrutiny. Presumably this dooms all facilities to remain at the government's standard of 'adequate'.

When the government proposed offshore processing of asylum seekers they maintained that Human Rights would be respected. This reassurances came against a backdrop of concerns over infrastructure and safety. The 'Malaysia solution' was dropped because they were not signatory to the UN refugee convention. Now the Australia government seeks to work without probity to a standard of their own devising.

Past claims by the government that offshore processing was a humane and workable solution cannot be maintained if their is no mechanism to assess conditions. Allowing the Australian Human Rights Commissioner jurisdiction over sites in Nauru and Manus island is the start of that process. If the government cannot do this then the only solution is to institute onshore processing and settle all current asylum seekers on the Australian mainland.
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Apologies: Just a quick mention that this was my first post entirely composed and posted on my phone. I hope it reads smoothly; I don't seem to have the same ability to embed links and review drafts. Fingers crossed you enjoy it and I will update the post when I get back from camping...

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