The Pacific Solution – a Catastrophe for the Pacific!?
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Serious Allegations of Abuse, Self-Harm and Neglect of Asylum
Chapter 2 Allegations of abuse, neglect and self-harm 2.1 This chapter examines the abuse, neglect and self-harm alleged to have occurred at the Regional Processing Centres (RPCs) in the Republic of Nauru (Nauru) and Papua New Guinea (PNG). 2.2 These allegations are not new. Numerous allegations of misconduct and neglect, both minor and major, have been made since the establishment of the RPCs. Many of these allegations have been outlined, in detail, in previous inquiries into these and related matters. 2.3 This report is not intended to duplicate the evidence presented to previous inquiries, and should be read in conjunction with those previous reports. However, this chapter will set out the range of allegations of abuse, self-harm and neglect, and discuss the new corroborative evidence from both primary and secondary sources in regards to historical claims of abuse, as well as claims of ongoing abuse and neglect. The Nauru files 2.4 On 10 August 2016, The Guardian Australia published over 2,000 incident reports from the Nauru RPC.1 These de-identified reports, referred to by the Guardian Australia as 'the Nauru files', detail incidents which were recorded between 2013 and 2015. At the time of their release, the Department of Immigration and Border Protection (the department) stated that the reports detailed 'unconfirmed allegations or uncorroborated statements and claims' and not proven facts.2 Some of the reports contain allegations made by asylum seekers and refugees, as reported to RPC staff. Many contain accounts of incidents which staff members witnessed first-hand, or in which they were personally involved. -
Together in Safety a Report on the Australian Government’S Separation of Families Seeking Safety
Together in safety A report on the Australian Government’s separation of families seeking safety. Contact Acknowledgements David Burke and Josephine Langbien The Human Rights Law Centre Human Rights Law Centre acknowledges and pays our deep Level 17, 461 Bourke Street respects to the people of the Kulin and Melbourne VIC 3000 Eora Nations, the traditional owners of the lands on which our offices sit, and T: + 61 3 8636 4450 we acknowledge that those lands were E: [email protected] never ceded. We recognise the ongoing, [email protected] unrelenting work of Aboriginal and Torres W: www.hrlc.org.au Strait Islander peoples, communities and organisations to demand equality, Human Rights Law Centre justice and self-determination and we commit to standing with them in The Human Rights Law Centre uses this work. The policies of intentional strategic legal action, policy solutions family separation outlined in this report and advocacy to support people and should be understood in the context communities to eliminate inequality of the historical and ongoing removal and injustice and build a fairer, more of Aboriginal and Torres Strait Islander compassionate Australia. children from their families. We are an independent and We thank the Global Centre for Pluralism not-for-profit organisation and for generously supporting this project. donations are tax-deductible. Thank you to each of the individuals Follow us: @rightsagenda and families who agreed to share their personal stories with us for this report. Join us: www.facebook.com/ HumanRightsLawCentreHRLC Thank you also to the people and organisations who provided invaluable About this Report advice and input to the report, This report was produced with the including the American Civil Liberties support of the Global Centre for Union (ACLU), Behrouz Boochani, Pluralism, and in collaboration with the Dr Beth O’Connor and Médecins Sans Refugee Advice and Casework Service. -
UN Member States Challenge Australia's Refugee and Asylum
AUSTRALIA’S 2021 UNIVERSAL PERIODIC REVIEW BY UNITED NATIONS HUMAN RIGHTS COUNCIL UN MEMBER STATES CHALLENGE AUSTRALIA’S REFUGEE AND ASYLUM POLICIES Forty-seven UN member states raised concerns about and recommended changes to the Australian Government’s refugee, asylum and immigration detention policies when Australia’s human rights record came up for its third five-yearly Universal Period Review (UPR). Of the 122 UN member states participating in Australia’s UPR hearing before the UN Human Rights Council on 20 January 2021, 45 states made comments or recommendations on refugee and detention policies and another two states raised formal questions prior to the session. Critical to the 50 formal recommendations were the issues of offshore processing of people seeking asylum, indefinite immigration detention, lack of legislation to prohibit detention of children, refoulement, and lack of compliance of Australia’s asylum and border management policies with international law. Australia’s offshore processing policies generated the most discussion with 10 countries raising concerns about these policies and the majority calling for an end to offshore processing. Finland added that those subject to offshore policies need to be provided with pathways to resettlement. Many countries, including Germany and Norway, urged Australia to amend its detention policies to not only ensure immigration detention is time-limited but that is also subject to judicial review. Rwanda highlighted the large number of people in immigration detention and urged Australia to reduce this number especially given the risks associated with the COVID-19 pandemic. Other issues of concern were conditions of immigration detention facilities, lack of access to family reunification for many refugees, the less robust refugee status determination process for people who arrived by sea, and the prevalence of hate speech against refugees and people seeking asylum. -
Immigration Detention in Nauru
Immigration Detention in Nauru March 2016 The Republic of Nauru, a tiny South Pacific island nation that has a total area of 21 square kilometres, is renowned for being one of the smallest countries in the world, having a devastated natural environment due to phosphate strip-mining, and operating a controversial offshore processing centre for Australia that has confined asylum seeking men, women, and children. Considered an Australian “client state” by observers, Nauru reported in 2015 that “the major source of revenue for the Government now comes from the operation of the Regional Processing Centre in Nauru.”1 Pointing to the numerous alleged abuses that have occurred to detainees on the island, a writer for the Guardian opined in October 2015 that the country had “become the symbol of the calculated cruelty, of the contradictions, and of the unsustainability of Australia’s $3bn offshore detention regime.”2 Nauru, which joined the United Nations in 1999, initially drew global attention for its migration policies when it finalised an extraterritorial cooperation deal with Australia to host an asylum seeker detention centre in 2001. This deal, which was inspired by U.S. efforts to interdict Haitian and Cuban asylum seekers in the Caribbean, was part of what later became known as Australia’s first “Pacific Solution” migrant deterrence policy, which involved intercepting and transferring asylum seekers arriving by sea—dubbed “irregular maritime arrivals” (IMAs)—to “offshore processing centres” in Nauru and Manus Island, Papua New Guinea.3 As part of this initial Pacific Solution, which lasted until 2008, the Nauru offshore processing centre was managed by the International Migration Organisation (IOM). -
Operation Sovereign Borders
BY HOOK OR BY CROOK AUSTRALIA'S ABUSE OF ASYLUM-SEEKERS AT SEA Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. All rights reserved. This publication is copyright, but may be reproduced Cover photo: Photograph of the 32,000USD which crew members told Amnesty by any method without fee for advocacy, campaigning and teaching International was paid to them by Australian officials who intercepted and boarded the boat carrying 65 asylum seekers. The payment was made around purposes, but not for resale. 24 May 2015 as confirmed by eyewitnesses. The money was found in the possession of the crew when they were apprehended by the Indonesian Police. The copyright holders request that all such use be registered with © Amnesty International them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] © Amnesty International 2015 First published in 2015 Index: ASA 12/2576/2015 by Amnesty International Ltd Original language: English Peter Benenson House, 1 Easton Printed by Amnesty International, Street, London WC1X 0DW, UK International Secretariat, UK amnesty.org CONTENTS Executive Summary ...................................................................................................... -
Human Rights Law Centre Ltd Level 17, 461 Bourke Street Melbourne VIC 3000
Shahleena Musk and Adrianne Walters Human Rights Law Centre Ltd Level 17, 461 Bourke Street Melbourne VIC 3000 T: + 61 3 8636 4400 F: + 61 3 8636 4455 E: [email protected]/[email protected] W: www.hrlc.org.au The Human Rights Law Centre uses a strategic combination of legal action, advocacy, research, education and UN engagement to protect and promote human rights in Australia and in Australian activities overseas. It is an independent and not-for-profit organisation and donations are tax-deductible. Follow us at http://twitter.com/rightsagenda Join us at www.facebook.com/HumanRightsLawCentreHRLC/ | 1. EXECUTIVE SUMMARY 1 1.1 Summary of submission 1 1.2 About this submission 2 1.3 Recommendations 2 2. RESPONSE TO QUESTIONS AND PROPOSALS 5 2.1 Bail and the remand population 5 2.2 Sentencing and Aboriginality 7 2.3 Sentencing options 9 2.4 Prison Programs, Parole and Unsupervised Release 11 2.5 Fines and drivers licences 14 2.6 Justice procedure offences – breach of community-based sentences 16 2.7 Alcohol 17 2.8 Female offenders 19 2.9 Aboriginal justice agreements and justice targets 20 2.10 Access to justice issues 21 2.11 Police accountability 23 2.12 Justice reinvestment 25 3. ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN 26 | 1. Aboriginal and Torres Strait Islander people should have access to the same rights as non- Indigenous people and should be able to expect fair treatment in the criminal justice system. Unfortunately, and despite many other inquiries and recommendations over the years, this is too often not the case across Australia’s criminal justice systems. -
Asylum Seekers in the Pacific (Manus, Nauru)
Dialogue: Asylum Seekers in the Pacific (Manus, Nauru) Guest edited by J C Salyer, Steffen Dalsgaard, and Paige West “It Is Not Because They Are Bad People”: Australia’s Refugee Resettlement in Papua New Guinea and Nauru j c salyer, steffen dalsgaard, and paige west Expanding Terra Nullius sarah keenan No Friend But the Mountains: A Reflection patrick kaiku Becoming through the Mundane: Asylum Seekers and the Making of Selves in Port Moresby, Papua New Guinea paige west (continued on next page) The Contemporary Pacic, Volume 32, Number 2, 433–521 © 2020 by University of Hawai‘i Press 433 Dialogue: Asylum Seekers in the Pacific (Manus, Nauru) continued Guest edited by J C Salyer, Steffen Dalsgaard, and Paige West The Story of Holim Pas Tok Ples, a Short Film about Indigenous Language on Lou Island, Manus Province, Papua New Guinea kireni sparks-ngenge A Brief on the Intersection between Climate Change Impacts and Asylum and Refugee Seekers’ Incarceration on Manus Island, Papua New Guinea robert bino Weaponizing Ecocide: Nauru, Offshore Incarceration, and Environmental Crisis anja kanngieser From Drifters to Asylum Seekers steffen dalsgaard and ton otto The Denial of Human Dignity in the Age of Human Rights under Australia’s Operation Sovereign Borders j c salyer Weaponizing Ecocide: Nauru, Offshore Incarceration, and Environmental Crisis Anja Kanngieser The Pacific Solution (2001–2008) and Operation Sovereign Borders (2012–present) expanded Australia’s territorial and juridical borders through the establishment of three offshore regional processing centers in the Pacific nations of Nauru and Papua New Guinea (Manus Island) and on Christmas Island (an Australian territory in the Indian Ocean). -
The Pacific Solution Or a Pacific Nightmare?: the Difference Between Burden Shifting and Responsibility Sharing
THE PACIFIC SOLUTION OR A PACIFIC NIGHTMARE?: THE DIFFERENCE BETWEEN BURDEN SHIFTING AND RESPONSIBILITY SHARING Dr. Savitri Taylor* I. INTRODUCTION II. THE PACIFIC SOLUTION III. OFFSHORE PROCESSING CENTERS AND STATE RESPONSIBILITY IV. PACIFIC NIGHTMARES A. Nauru B. Papua New Guinea V. INTERPRETING NIGHTMARES VI. SPREADING NIGHTMARES VII. SHARING RESPONSIBILITY VIII. CONCLUSION I. INTRODUCTION The guarantee that persons unable to enjoy human rights in their country of nationality, who seek asylum in other countries, will not be returned to the country from which they fled is a significant achievement of international efforts to validate the assertion that those rights truly are the “rights of man.” There are currently 145 states,1 including Australia, that are parties to the 1951 Convention relating to the Status of Refugees (Refugees Convention)2 and/or the 1967 Protocol relating to the Status of Refugees (Refugees Protocol).3 The prohibition on refoulement is the key provision of the Refugees Convention. Article 33(1) of the Refugees Convention provides that no state party “shall expel or return (refouler) a refugee in any manner * Senior Lecturer, School of Law, La Trobe University, Victoria 3086, Australia. 1 As of February 1, 2004. 2 July 28, 1951, 1954 Austl. T. S. No. 5 (entered into force for Australia and generally on April 22, 1954). 3 January 31, 1967, 1973 Austl. T. S. No. 37 (entered into force generally on October 4, 1967, and for Australia on December 13, 1973). 2 ASIAN-PACIFIC LAW & POLICY JOURNAL; Vol. 6, Issue 1 (Winter -
Asylum in Australia: 'Operation Sovereign Borders' And
Asylum in Australia: ‘Operation Sovereign Borders’ and International Law Joyce Chia,* Jane McAdam** and Kate Purcell*** I. Introduction On 18 September 2013, the day the Australian Coalition government was sworn into office, a new border protection policy took effect. Termed ‘Operation Sovereign Borders’ (OSB), it is based on the premise that Australia is facing a ‘border protection crisis’ that ‘requires the discipline and focus of a targeted military operation’.1 As a military-led operation, the government maintains a high degree of secrecy about its activities, which include intercepting and turning back asylum seeker boats. From early 2012 until mid-2013, there was a considerable increase in the number of asylum seekers seeking to reach Australia by boat — both in terms of total numbers (over 35,000 between January 2012 and July 2013) and intensity (over 3,000 arrivals per month between March and July 2013). Although these numbers remained very small in global terms (representing just three to four per cent of total asylum applications), 2 and 88 per cent of them were found to be refugees or otherwise in need of international protection,3 the unauthorised arrival of asylum seekers became one of the key political issues in the 2013 federal election. Playing upon generally poor community understandings about forced migration and common anxieties about ‘the uninvited’, terrorism, and security, politicians on both sides had championed increasingly draconian deterrence mechanisms — even when couched in the ostensibly humanitarian language of ‘saving lives at sea’.4 It was in this context that OSB was developed. This article begins by examining the background to OSB and what is known about its practical operation. -
Australian Border Policing: Regional 'Solutions' and Neocolonialism
RAC55310.1177/0306396813509197Race & ClassGrewcock 5091972014 Commentary SAGE Los Angeles, London, New Delhi, Singapore, Washington DC Australian border policing: regional ‘solutions’ and neocolonialism MICHAEL GREWCOCK Abstract: Australia’s punitive border policing regime, aimed at deterring asylum seekers attempting unauthorised entry into the country, was ratcheted up even further in 2013 by the former Labor-led government and its successor (as of September 2013), the Liberal National Party Coalition. In effect, under the guise of combating ‘people-smuggling’, and a pledge to ‘Stop the Boats’, policies such as the mandatory detention of unauthorised arrivals and the use of off-shore detention facilities have been made even more draconian. Now the aim is to block entirely any right to resettlement or residence for refugees in Australia itself, using the weaker and poorer states of Nauru and Papua New Guinea, historically under Australia’s control, to act – to their own long-standing detriment – as detention and resettlement centres, for increasing numbers of migrants. Keywords: asylum-seeker, Australia border policing, immigration detention, Indonesia, LNPC, Nauru, Pacific solution, Papua New Guinea, people- smuggling, Stop the Boats On 19 July 2013, Australia’s Labor Prime Minister Kevin Rudd1 and Papua New Guinea’s Prime Minister, Peter O’Neill, convened a joint press conference to announce the signing of a Regional Settlement Arrangement (RSA) for asylum Michael Grewcock teaches law and criminology at the Faculty of Law, University of New South Wales, Sydney. His primary research interests are border policing and state crime. He is a member of the editorial board of the journal State Crime. Race & Class Copyright © 2014 Institute of Race Relations, Vol. -
Any One of These Boat People Could Be a Terrorist for All We Know!
Article Journalism 12(5) 607–626 ‘Any one of these boat people © The Author(s) 2011 Reprints and permission: sagepub. could be a terrorist for all we co.uk/journalsPermissions.nav DOI: 10.1177/1464884911408219 know!’ Media representations jou.sagepub.com and public perceptions of ‘boat people’ arrivals in Australia Fiona H McKay Monash University, Australia Samantha L Thomas Monash University, Australia R Warwick Blood University of Canberra, Australia Abstract In April 2009 a boat (named the ‘SIEV 36’ by the Australian Navy) carrying 49 asylum seekers exploded off the north coast of Australia. Media and public debate about Australia’s responsibility to individuals seeking asylum by boat was instantaneous. This paper investigates the media representation of the ‘SIEV 36’ incident and the public responses to media reports through online news fora. We examined three key questions: 1) Does the media reporting refer back to and support previous policies of the Howard Government? 2) Does the press and public discourse portray asylum arrivals by boat as a risk to Australian society? 3) Are journalists following and applying industry guidelines about the reporting of asylum seeker issues? Our results show that while there is an attempt to provide a balanced account of the issue, there is variation in the degree to which different types of reports follow industry guidelines about the reporting of issues relating to asylum seekers and the use of ‘appropriate’ language. Corresponding author: Fiona H McKay, MPH, PhD candidate, Consumer Health Research Group, School of Primary Health Care, Monash University, Building 1, 270 Ferntree Gully Road, Notting Hill, Victoria 3168, Australia. -
Australian Lawyers for Human Rights
PO Box A147 Sydney South NSW 1235 [email protected] www.alhr.org.au 1 June 2018 National Children’s Commissioner Australian Human Rights Commission GPO Box 5218 Sydney NSW 2000 By email: [email protected] Dear Committee Secretary, Submission: Australia’s progress in implementing the Convention on the Rights of the Child (CRC) Please find attached a submission from Australian Lawyers for Human Rights (ALHR) in response to your call for submissions as part of consultations on the progress that Australia has made in terms of implementing the United Nations Convention on the Rights of the Child (CRC). We thank you for the grant of an extension of time in which to lodge our submission. If you would like to discuss any aspect of this submission, please contact Kerry Weste, President Australian Lawyers for Human Rights, by email at [email protected] Yours faithfully, Kerry Weste President Australian Lawyers for Human Rights Australia’s progress in implementing the Convention on the Rights of the Child (CRC) Contents 1. About Australian Lawyers for Human Rights (ALHR) ..................................................... 1 2. Executive Summary ........................................................................................................ 1 3. General Measures of Implementation ............................................................................ 2 3.1 Reservations and Declarations .......................................................................... 2 3.2 Legislation, Coordination and Independent Monitoring .....................................