The Human Rights and Equal Opportunites Commission released a briefing report on the seven shameful bills - now passed into law - which can be read on the HREOC website. Here are some extracts:
The provisions of the Amendment Bills are of great concern to the Commission for the reasons outlined below. It is the Commission's view that the provisions of the Amendment Bills undermine Australia's commitment to international human rights obligations.
1. The Amendment Bills erode the universal application of human rights
It is a basic tenet of human rights that such rights should be applied equally, without distinction. Everyone within Australian territory is entitled to have his or her human rights respected and protected. For example, Australia has undertaken to ensure the rights in the International Covenant on Civil and Political Rights ("ICCPR") and Convention on the Rights of the Child ("CROC") to all persons within its territory:
...The Migration Amendment Bill 1 attempts to excise from Australia's migration zone certain territories. This in turn creates two categories of asylum seekers with access to different rights: those in the excised territories and those landing elsewhere.
Despite the proposed legislation, Australia continues to be bound by its human rights obligations. Asylum seekers in the "excised territories" will still fall within the ICCPR, CROC and the Refugee Convention.
...Like the ICCPR, CROC protects children from torture and other cruel, inhuman and degrading treatment and punishment (article 37) and recognises the child's inherent right to life (article 6). Again there is an obligation not to expel, return or extradite a child to another country where he or she will be subjected to or at risk of being subjected to torture or other cruel, inhuman or degrading treatment or punishment or of death.
The Border Protection Bill and the Migration Amendment Bill 2 each authorise the expulsion of asylum seekers from Australian territory. The Border Protection Bill allows expulsion from Australia, the Migration Amendment Bill 2 allows removal of an individual to a country that the Minister deems appropriate.
These provisions create a system in which Australia's non-refoulement obligations are not met.
Worth a look
ABC radio "The World Today" broadcast from Friday, 11 May 2001 - 2 articles
Woomera unplugged - former detainees tell all
Read the transcript at http://www.abc.net.au/worldtoday/s294970.htm
or listen at http://abc.net.au/worldtoday/2001/05/11/20010511worldtoday08.asx
and
Australia's treatment of asylum seekers focus of British article
Read the transcript at http://www.abc.net.au/worldtoday/s294930.htm
Ombudsman's report
The Commonwealth Ombudsman has condemned the Federal Government's detention centres, finding that staff at Woomera had racially abused and intimidated detainees, treating them like prisoners. He found that women and children were at risk of possible harm in the centres, recommending alternative forms of detention for families, and ruled that there were "systematic deficiencies" in the management of detainees, particularly at Woomera. Mr Ruddock has rejected the report ...
The following is an extract from the Ombudsman's summary:
In September 1999 I decided to conduct an own motion investigation into the management and operation of the Immigration Detention Centres (IDCs) following complaints and a number of reported incidents including escapes and allegations of assault on detainees. At the same time, I also decided to conduct a separate own motion investigation into the holding of immigration detainees in prisons.This report and another undertaken by the Ombudsman into the transfer of detainees to prisons, can be found on the Ombudsman's website
My investigation revealed evidence at every IDC of self-harm, damage to property, fights and assaults, which suggested that there were systemic deficiencies in the management of the detainees, including individuals and groups, staff, women and children. I have separately commenced an own motion investigation into the management and follow up of IDC Incident Reports in the light of the number and nature of those made over the last 18 months.
Food for thought - June 5
The Age is running a series of articles investigating the international trade in human beings - under the heading 'Slavery in Our Times'. Today's issue concentrates on Asian women who pay people-smugglers large sums for false documents to get to Australia, and then find themselves virtually enslaved in brothels. Two years ago the present government, with a great fanfare, passed new legislation supposed to stop this trade. Senator Vanstone was quoted then as saying:
"In passing this legislation, Austalia has led the world in protecting women who become victims of this inhumane trade, and, at the same time has sent a firm message to the organisers and recruiters that Australia will not be a destination for their trade."
In the same article, an unnamed 'senior police officer' is quoted as saying he is "frustrated by the Immigration Department's attitude - deporting the women instead of investigating scheme organisers."
"Sex slavery doesn't seem to be a priority for Immigration," he said."They are more worried about Middle East people-smuggling."
(From The Age, June 5th, page 13.)
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