Scott Morrison aims to remove all refernce to the UN Refugee Convention to allow domestic law to ignore Auatralia’s obligations un der international law. It also removes any High Court challenges.

The Bill of Horror

Convention mapAs well as the reintroduction of Temporary Protection Visas, which leave refugees in constant statelessness and fear of being returned to persecution, the Australian Minister for Immigration is proposing changes to the Migration Act which are utterly alarming.  The ‘Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014′ removes references to the UN Refugee Convention to allow Australia’s domestic law to ignore Australia’s obligations under international law. It also removes the ability of the High Court to challenge refugee and asylum seeker policy and operations.

The bill exempts vessels involved in Operation Sovereign Borders from the appropriate maritime laws. There will be nothing to stop fuel, food, water and safety devices from being removed from intercepted boats. The Government will have the power to send boats or individuals anywhere it chooses.  The bill removes the need for Australia to have a Memorandum of Understanding in place, or for the country to be a signatory to the Refugee Convention.  The bill will allow boats to be towed outside of Australian waters and left there without regard for the safety of passengers.

The bill proposes a fast track assessment process which removes access to the Refugee Review Tribunal. Fast turnaround processing was ruled illegal in the United Kingdom earlier this year due to an “unacceptable risk of unfairness”.  The bill seeks to change the definition of ‘refugee’ to allow the government to reject a refugee status application if it decides that there is a ‘safe area’ in the country of origin, or that the nation’s police force is ‘reasonably effective’.  This is nothing short of playing with people’s lives.  It will allow the Australian government to send back asylum seekers, regardless of whether they face a real chance of torture or execution on return.  What does Scott Morrison think happens to Hazara people when they are returned to Afghanistan or to Tamil people who are returned to Sri Lanka?  Does he really believe that members of the Taliban or Rajapaksa’s regime are unable to travel to target their victims?  If he had converted to Christianity in Iran, or spoken against the Iranian Government,  would he really trust the Iranian police force to protect him?

Children born in Australia, to asylum seekers who arrived by boat, will be classified as “transitory persons”, creating a new generation of stateless people, and giving them no access to permanent residency or citizenship.  Does Scott Morrison really believe that these babies pose a serious threat to Australia as we know it?  Or is his distain, even hatred, for asylum seekers so great that detaining innocent children indefinitely doesn’t satisfy his lust for vengeance;  does he feel the need to ensure that his punishments will continue for each of their lifetimes?

The ‘Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014′ gives the Australian Government, under domestic law, the power to ignore international law and to engage in state-sanctioned human rights abuses. It will allow Australia to be complicit, even collaborative, in the persecution, torture and execution of innocent people. The Minister for Immigration will have absolute power, and his actions under Operation Sovereign Borders will not be brought to account by Australia’s justice system.  He will become untouchable. This sets a very dangerous precedent for Australian politics and law.

I see so many people ‘liking’ and sharing messages about Australia’s terrible mistreatment of asylum seekers, on social media.  I read the comments they write, pouring out their outrage and their grief.  Yet, when it comes to asking them to take the time to write to politicians to urge them to oppose this horrific bill, the passion and the anger appear to evaporate.  I for one, need to know that I have done everything in my power, and then some, to persuade the Senators to vote against this bill.  Will you join me in writing to them?  You don’t need to produce a perfectly crafted, eloquent letter; you just need to write!  A few lines will do.  If you are an Australian citizen, tell them that you cannot support politicians who sanction human rights abuses.  If you are an expat, tell them how horrified you are at what Australia has become while you have been away. Most of all, tell them to oppose this bill.