Asylum seekers in Australia - Open letter to the Prime Minister

Prime Minister, I'm one of those rusted on Labor supporters who let my membership lapse prior to the last election because of disillusionment with the drift away from core Labor values in the 'business' of politics.

Under the Howard government mandatory detention of asylum seekers evolved into a tragic farce. Australians were alarmingly sanguine about the travesty. Its worst manifestation was the Pacific Solution, which I became embroiled in as AusAID Director of the Nauru aid program. Of particular concern to me were the tawdry misuses of official aid under the Pacific Solution and the downstream implications of the strategy, which was made up on the run by bureaucrats doing their level best to engineer good outcomes from bad political motives. The perfunctory official approaches adopted toward self-harming detainees were another disturbing aspect.

As the Party responsible for the legislative framework (in particular 'mandatory detention') within which Howard evolved his refugee 'house of horrors', it is appropriate that a Labor Govt put Australia's human rights compliance at the top of the international agenda and put our domestic laws ‘house’ back in order."

Tragically, the failure to shine a light on the true mentality behind the prosecution of these earlier policies saw the ghost of the Pacific Solution and the shop of horrors that was the Howard Govt's refugee program continue to linger in the corridors of power.

As an erstwhile member of the Howard Government's task force on 'illegal' migration I am completely cognisant of the issues surrounding the Bali framework process. I am supportive of a regional approach that stops boats but does'nt breach the UN convention on treatment of refugees. Your current brinkmanship is no doubt good politics, but it fails to satisfy the requirements of a progressive charter in this area.

The mandatory detention regime opened a Pandora's box of opportunities for low rent political agendas, which politicians like Howard and Abbott have exploited ruthlessly. Labor is continually playing catch up, rather than biting the bullet by re-examining the rationale for long-term mandatory detention and changing the tenor of the whole debate.

The unedifying sight of Labor politicians jumping on the xenophobia bandwagon was one of the key reasons I left the party, as I saw defenceless people used as betting chips in a nasty bidding war.

Labor could re-capture the high ground by reviewing mandatory detention and off-shore processing policy and wring the necessary changes? A public information program to explain the reasoning behind the changes, including Australia's obligations under international refugee and human rights instruments, could usher a new awareness of our collective standing and responsibility as a defender of human rights.

This would be attractive to the progressive side of the Labor support base and small 'L' Liberals. Maybe its time to make our general decency something Australians can be proud of again! A sensible, humane and orderly approach to offshore processing, which involves regional partners to their benefit, could be a crucial element to stymie the smuggling trade, whilst enabling on-shore processing within the community after mandatory health checks are completed in short-term detention.

Arrangements with key community groups to manage welfare, work-for-allowance strategies and language training could be developed to integrate asylum seekers in the larger society soon after their arrival. Regional areas with labour shortfalls could be targeted for short-term settlement in this respect.

The UNHCR, IOM could be brought in as partners in the process to lend their mandated legitimacy to the exercise. Isn't it time to stop playing to the reactionary's game book? I for one would rejoin the ALP if this approach was followed.

Asylum seekers in Australia - mandatory detention & offshore processing are failed policies!

Howard's policies toward refugees wrought immense change in my life. The alarming shift this country took in 2001 left me angry and dispirited. I felt the moral and ethical basis of our commitment to protect human rights had been compromised, and that vulnerable human beings in need of help had become pawns in a ruthless political agenda.

After Rudd's election Australia continued to disregard human rights in the treatment of asylum seekers. The government detained new arrivals on Christmas Island, which was commissioned by the Howard Govt when it became abundantly clear Nauru was a failed option.

Throughout the decade since 2001 the usual suspects have branded irregular boat arrivals as 'queue jumpers' to justify their treatment as criminals or 'illegals'. With the latest High Court decision it has become painfully clear that the government must be required to treat new arrivals humanely and to counter attempts by politicians, media and other commentators to demonize them for political and other purposes.

When Rudd came to power I wrote to the then Immigration Minister, Sen Evans, as follows:

"Under the previous government mandatory detention of asylum seekers evolved into a tragic farce played out under the gaze of key UN watchdog bodies. In Australia, apart from refugee advocate groups, the general population was alarmingly sanguine about the travesty. Its worst manifestation was the Pacific Solution, which I became embroiled in as AusAID Director of the Nauru aid program. Thankfully, one of the earliest actions of the Rudd Govt was to abolish the Pacific Solution. However, I think the Govt has to go further...

The Howard Govt thumbed its nose at the 'UN Committee against Torture' in 2005, standing by its asylum seeker policies as ‘just & fair’. In fact Howard et al thumbed their noses at international human rights instruments throughout their tenure and actively sought to undermine the credibility of the UN committee process.

Thankfully this dark chapter is over. To signal that the change wrought by the Rudd Govt represents more than window dressing, and to keep faith with UN and other international processes, I suggest a thorough judicial review is needed of the asylum seeker policies and programs of the previous Govt. The review Terms of Reference should include, but not be limited to, an investigation of:

1. Implementation of the Pacific Solution (this of course should encompass the role and use of official aid)

2. Wrongful detention of refugees and permanent residents of Australia (taking account of the previous reviews and the report of the Commonwealth Ombudsman)

3. Operation and financing of detention facilities on the mainland and offshore

4. Wrongful repatriation of asylum seekers (a particular concern of the UN Committee against Torture)

5. Influence of political staffers and Ministers in the determination of immigration decisions

6. Role of the Prime Minister's task force on 'illegal' migration'

7. Influence of 'understandings' and 'deals' with neighbouring countries on the management of Australia's refugee policies and programs

Of particular concern to me were the tawdry misuses of official aid under the Pacific Solution and the downstream implications of the strategy, which was made up on the run by bureaucrats doing their level best to engineer good outcomes from bad political motives. The perfunctory official approaches adopted toward self-harming detainees were another disturbing aspect.

As the Party that put in place the legislative framework (in particular 'mandatory detention') within which Howard evolved his refugee 'house of horrors', it is appropriate that a Labor Govt put Australia's human rights compliance at the top of the international agenda and put our domestic laws ‘house’ back in order."

Tragically, the failure to shine a light on the true mentality behind the prosecution of these policies saw the ghost of the Pacific Solution and the shop of horrors that was the Howard Govt's refugee program continue to linger in the corridors of power.

Will Labor now bite the bullet and review its mandatory detention policy and wring the necessary changes? A public information program to explain the reasoning behind the changes, including Australia's obligations under international refugee and human rights instruments, could usher a new awareness of our collective standing and responsibility as a defender of human rights.