It's not illegal to seek asylum.

The state of the asylum seeker debate in Australia continues in it's deplorable state. Too many people still languish in detention centers both on the Australian mainland and offshore. Recently a group of Sri Lankan asylum seekers were sent home after facing 'enhanced screening' of their status.

One aspect of the debate that seems to be worsening is the misinformation and outright lies used by the federal opposition to bolster it's pseudo-policy on immigration.

Tony Abbott and members of the federal opposition continue in their use of the term 'illegal' to describe people seeking asylum from Australia. This despite Article 14 of the Universal Declaration of Human Rights (UDHR) that states:

"Everyone has the right to seek and to enjoy in other countries asylum from persecution."

This how we count Tony - That's Better!

Australia is a signatory to the UDHR. Australia is also a party to the United Nations Refugee Convention. This guarantees an individuals rights to seek asylum. Any politicians statements to the contrary are a feeble attempt to manipulate the debate for political point scoring.

It is an irrefutable fact that there is a continued, increasing series of arrivals by boat of people seeking asylum. These people are the victims of the tumultuous global situation. That's a polite way of saying that throughout the world there is war, civil conflicts and the ethnic cleansing of minority groups. People fear these things. They fear the death and far worse they fear the savagery, the rape and the torture that are fast becoming the everyday staple of our evening news.

Our news is their lives.

Australia does not suffer from war. Though we know violence, it is nothing like the scale that other countries experience. If we are the destination of choice for refugees it is not because of any policy a government does or does not enact. It is because we appear safe. 

Abbott continues to proclaim the dangerous policy of turning back asylum seeker boats. This despite his own admission that the process would be dangerous for asylum seekers as well as Australian Defense Force personnel. A former defense force chief has even suggested turning back boats in international waters could constitute an act of piracy.

Does the public allow this rhetoric of 'toughness' because it believes the lie that seeking asylum is somehow illegal?

If so then it is the duty of all Australians to inform themselves on the issue. If you're reading this you've got the information in front of you - now do something with it.

Tell your friends. Call them out when they repeat the lies they've heard in the media. Best of all help correct the political opinion; because politicians only spout this nonsense because they think it's what we want to hear. If they thought there were votes in a more humanitarian refugee policy we'd be building integration centers not detention centers...

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For further information about asylum seekers and their rights please check out the Refugee Council of Australia. You can also contact them on: admin@refugeecouncil.org.au.

If you'd like to take action on the issue of asylum seekers you can write a letter expressing your views. It's important that the government and opposition knows the views of it's constituents and knows that we won't stand for further lies. Contact:

Minister for Immigration and Citizenship

Brendan O'Connor

Shadow Minister for Immigration and Citizenship

Scott Morrison

More 'problematic' use of language...

I'm guessing Scott Morrison hasn't read my last post 'Our Problematic Use of Language'!

The Coalition immigration spokesperson has issued a media release reiterating the false claim that asylum seekers are 'illegal', using the pejorative term 'boat arrival' in favour of 'asylum seeker', calling for a suspension of community release bridging visas and calling for the institution of 'behaviour protocols' for asylum seekers. Morrison's media release was made in response to the news that charges of indecent assault had been made against a Sri Lankan man who is currently seeking asylum in Australia.

Reading through the media release I was immediately struck by the tone of condemnation and the presumption of criminality Morrison is willing to heap on all asylum seekers. In calling for police and community notification, 'behaviour protocols', mandatory reporting and the protection of 'vulnerable' populations the Coalition's policy deliberately invokes the language surrounding the release from imprisonment of dangerous criminals and pedophiles. The implication we are supposed to draw from this is that all asylum seekers are in fact amongst the worst class of criminal and therefore not wanted in our communities. Using this language is the worst kind of political manipulation and must be rejected by an informed community.

Morrison's central conceit is in lumping all asylum seekers in the same 'boat' and condemning them for an as yet unproven crime. He attempts to strengthen this notion of guilt by prefacing his argument with the lie that seeking asylum is somehow 'illegal'.

Let's be absolutely clear, only one man has been charged with any crime not an entire group of ethnically and culturally diverse people that we conveniently lump together based on their claim for asylum. This one man may be guilty of a crime, then again he may not. In Australia we have a Criminal Law and a court system set up to decide these matters. There is no need for a separate set of 'behaviour protocols' with 'clear negative sanctions' to manage this case. Such a set of de-facto laws would be nothing more than racist provisions of the type we are currently trying to stamp out.*

Interestingly while Scott Morrison seeks to have all asylum seekers treated as criminals he makes no mention of how government and Coalition policy confines these people to a bureaucratic limbo that intensifies negative psychological outcomes. In a week that has also seen discussion of asylum seekers in detention attempting self-harm and suicide, Morrison offers no comment on the crimes being perpetrated under a system his party would like to see toughened.

Scott Morrison's media release is a cynical attempt to take advantage of a tragic event and should be seen as such by all Australian's. A young woman has suffered through a horrific event and the matter should be dealt with by the legal system not a kangaroo court established by the Coalition to enforce 'behaviour protocols'. That the young man charged is an asylum seeker does not make him guilty, nor does it mean all asylum seekers are criminals.

This whole episode is an abuse by Morrison of his public profile and a tawdry manipulation of language to tell lies that serve his political ends.

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* See my post on the issue of Indigenous Recognition in the Australian Constitution and the racist provisions of Section 25 and Section 51(xxvi)
** Just a quick shout out; the amazing graphic above, talking about the misconceptions about asylum seekers and refugees is from the Asylum Seeker Resource Centre