Category: Julian Burnside

By bargaining with children, Morrison’s refugee strategy has a kidnapper’s logic : Julian Burnside

scott morrison tony abbott

Now that Scott Morrison’s extraordinary refugee amendments have passed, it’s clear that his humanitarian concern for drowned refugees is really a lie

he federal election campaign of 2013 was the first time in our political history that both major parties explicitly campaigned on a promise to be cruel to asylum seekers. They promised to treat asylum seekers so harshly that others would be deterred from seeking our help.

Since the election, we have witnessed our treatment of asylum seekers increase in brutality. This has been done, in large part, by Scott Morrison repeatedly referring to boat people as “illegal arrivals”. It is the great lie on which his campaign of cruelty is based. It ignores article 14 of the Universal Declaration of Human Rights: “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” It ignores the fact that it is not an offence to come here, without papers, without an invitation, seeking asylum.

It is based on an alleged (but not genuine) concern about people drowning in their attempt to reach safety. When Morrison and Tony Abbott express a humanitarian concern about boat people drowning, they are lying. Their stance demonstrates a complete lack of concern for the lives of persecuted people who are unable to escape.

While it is undoubtedly tragic that people drown trying to escape persecution, if they do not escape, and are killed by their persecutors, they are just as dead as if they had drowned. For those unable to seek protection, Abbott and Morrison show no concern whatever; the argument is over.

I do not believe Abbott and Morrison have any genuine humanitarian concern about asylum seekers. They say they have stopped the boats. That is largely true; with a couple of exceptions, boats have stopped arriving. But we know they have not stopped setting out from Indonesia. We have been pushing them back. We are not allowed to know how many have drowned on those boats. It is an “on-water matter”, and so remains a secret.
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Boat people who have managed to get here without drowning are treated with unparalleled harshness. They are treated as subhumans, in needlessly dreadful conditions in Nauru and Manus Island. Reza Barati was killed in the Manus Island detention centre by the people responsible for him; two guards have been charged with murder. Hamid Kehazaei died of septicaemia after cutting his foot in Manus Island, because the medical care for asylum seekers in detention centres run by Australia is hopelessly compromised.

Let us face the plain facts: innocent men, women and children are suffering terribly in detention centres, and their suffering is the intended result of Australia’s policy. As a nation, Australia is responsible for the misery and harm deliberately inflicted on boat people by our government.

Morrison bulldozed his refugee amendments through the Senate late last week, giving him unprecedented power. He said would remove children from detention if the Senate passed his amendments, but he already had the power to do so. His strategy, in any other context, would be the conduct of a kidnapper: “I will release the children, but only if you do what I demand.”

Under Morrison’s amendments, the principle of natural justice is removed, the supervisory role of the courts is removed, references to the convention in the migration act are removed. The minister now has the power to send a person to any country he chooses, even if that may involve a breach of our international obligations.

In the aftermath of the second world war, when the Nazi concentration camps were opened, the world drew breath in horror at what had happened. The great international human rights instruments – the UN refugee convention among them – were created. Most civilised nations resolved that such a horror should never happen again.

The point of the convention was to share the load of people fleeing persecution. Before the convention, countries adjacent to trouble spots bore the main burden of refugee movement. During the years leading up to the second world war, many Jews had tried to escape persecution. Notoriously, many countries turned them away. They tried all manner of desperate measures to get to safety.

Countries which have signed the convention are obliged to consider whether a person is a refugee if they claim to be before they may send that person back to the place they came from. Otherwise they may breach their “non-refoulement” obligation.

For Australia, this is significant. For nearly all boat people, Australia is the first country they reach which has signed the convention. Importantly, Malaysia and Indonesia have not signed it, and do not offer protection.

Under Morrison’s amendments, Australia will almost certainly breach its non-refoulement obligations. Under Morrison’s amendments, Australia appears to have abandoned its commitment to the convention, without actually withdrawing from it.

This Christmas, Abbott and Morrison are no doubt celebrating their policy “success”. These two men – supposedly devout Christians – have used deliberate cruelty to harm innocent people, including hundreds of children, and have turned their backs on the lessons of the Holocaust. It is no cause for celebration.

Tasmania touted as humane, cost-effective, productive asylum seeker solution. The only resource this government sees is political.

Panorama of Hobart, Tasmania

Tasmania would become Australia’s asylum seeker processing centre, with newcomers living and working freely in the community, under a plan developed by local leaders and human rights activists.

The Tasmania Opportunity Leaders Summit in Launceston heard that the case for making the state an asylum seeker processing centre went beyond the natural security it afforded as an island.

Speakers, including human rights lawyer Julian Burnside QC, said Tasmania offered an alternative to the Federal Government’s Sovereign Borders policy, one that was more humane, better value for the Australian taxpayer and of benefit to the local economy.

It would deliver enormous economic benefit to the state in infrastructure spending, education and training and in business opportunities,

Dr David Strong

The proposal included allowing people to live and work in the community, receive Centrelink benefits and live where the Government determined their money would have the greatest benefit for the local economy.

Mr Burnside, who won this year’s Sydney Peace Prize, told the summit the Federal Government spent $5 billion a year on asylum seekers, and that Tasmania was a much more cost-effective option.

“If you can reduce that cost dramatically to one-tenth of what it is at the moment, and in the process avoid doing harm to frightened people and do some good for the Tasmanian economy, that seems a good thing all round,” he said.

Asylum seekers could boost Tasmanian economy

Mr Burnside told the summit that asylum seekers should be seen as a resource, not a threat.

“They would be bringing in to the community not only their courage and their initiative but also the income that they can earn,” he said.

He said there were some conditions that should be attached to any planned move to make Tasmania a refugee processing centre.

Asylum seekers would still be detained on arrival for one month only, for health and security screening.

Following that, Mr Burnside said further conditions needed to met under the plan.

These included:

  • The asylum seekers had to stay in touch with the Immigration Department;
  • They should be engaged in education, training and work; and
  • They must live in a region designated by the Government – for example, Tasmania.

A summit co-ordinator, Launceston paediatrician Dr David Strong, said the plan had the potential to be “the biggest, most far-reaching project in Tasmanian history”.

“It would deliver enormous economic benefit to the state in infrastructure spending, education and training and in business opportunities,” he said.

“It would further enhance Tasmania is the eyes of the nation and the world as a welcoming place that warmly embraces those seeking a better life.”

Immigration Minister denies claims asylum seekers were offered deal if witness statements on Reza Barati’s death withdrawn

Julian Burnside QC accepts his Sydney peace prize

Scott Morrison walks on water to avoid the truth such is his arrogance

 Scott Morrison’s duplicitous history is on  record from his nomination for the seat of Cook with the fortuitous help of News Corp To his current efforts to expand his portfolio at the expense of other sitting ministers. Why should we believe any denial of this story. Julian Burnside’s reputation on the other hand is second to none.

Federal Immigration Minister Scott Morrison has denied statements made by prominent human rights lawyer Julian Burnside QC that asylum seekers were offered relocation to Australia in return for withdrawing witness statements about the death of Iranian detainee Reza Barati.

Mr Burnside, an outspoken critic of the Federal Government’s immigration detention policies, made the claim while accepting the Sydney Peace Prize last night.

He said a confidential source told him witnesses to the death of Mr Barati were offered transfer to Australia if they took back their statements.

“My understanding is that some people in the Manus Island detention are being offered the opportunity of being taken to mainland Australia on condition they withdraw any witness statements they’ve made,” he told the function at Sydney Town Hall.

However, the Immigration Minister has strongly denied the allegations.

“This is a false and offensive suggestion made without any basis or substantiation by advocates with proven form of political malice and opposition to the Government’s successful border protection policies. The government once again rejects these claims,” Mr Morrison said.

Mr Barati, 23, was killed during a riot at the Australian-run Manus Island detention centre in Papua New Guinea in February.

An official report found Mr Barati suffered a severe brain injury caused by a brutal beating by several assailants and died a few hours later.

Mr Burnside said he was told 13 to 14 people were involved in the death of Mr Barati.

He told the function he had received a sworn statement from an eyewitness about Mr Barati’s death.

“An employee of the detention centre, armed with a length of timber with two nails driven through it, had lashed out at Reza Barati and had brought down two crushing blows on his head,” Mr Burnside said.

He said Mr Barati’s scalp was lacerated and he fell to the ground.

He was then kicked repeatedly by a dozen employees from within the detention centre including two Australians. They kicked him in the head and stomach as he tried to protect himself with his arms, Mr Burnside told the crowd.

He said another employee took a rock and smashed it on Mr Barati’s head with “such ferocity, it killed him”.

Two PNG men were charged with murder but their trial was delayed because they did not have lawyers.

In a wide ranging speech on Australia’s human rights record, Mr Burnside accused both the Coalition and Labor of treating asylum seekers in a cruel and selfish manner.

But he said he was not party political.

“Labor has never contradicted the Coalition’s dishonest message about asylum seekers,” he said.

“The Coalition call them illegal. It’s a lie.

“The Coalition call them queue jumpers. It’s a lie.”

Burnside praised as a fearless humanitarian

Past winners of Australia’s only international award for peace include US intellectual Professor Noam Chomsky, and Indigenous leader, Pat Dodson.

Former New South Wales governor, Dame Marie Bashir, praised Mr Burnside as a champion of human rights.

“You are an Australian of outstanding qualities, distinguished as a barrister, a humanist, an author and as we have heard tonight, a fearless humanitarian,” Dame Bashir told the ceremony.

Mr Burnside said in his speech the world sees Australia as cruel and selfish because of the way asylum seekers are treated.

“Boatpeople who manage to get to Australia are mistreated in every possible way as if somehow that will make us feel better or safer,” he told the function.

Hours earlier, the Sydney Town Hall hosted a memorial service for former prime minister, Gough Whitlam.

Mr Burnside said the country needed more politicians of Mr Whitlam’s calibre.

“Whitlam was a colossus but a survey of today’s political landscape shows we are led by midgets,” he said.

“Led may not be the right word.

“We haven’t seen a political leader in this country for decades,” he said.