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The Values Shaping Australian Asylum Policy: a Historical and Ethical Inquiry

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The Values Shaping Australian Asylum Policy: a Historical and Ethical Inquiry THE VALUES SHAPING AUSTRALIAN ASYLUM POLICY: A HISTORICAL AND ETHICAL INQUIRY David Palmer PhD Thesis 2007 THE UNIVERSITY OF NEW SOUTH WALES Thesis/Dissertation Sheet Surname or Family name:Palmer First name:David Other name/s:Frederic Abbreviation for degree as given in the University calendar:PhD School: Social Sciences & International Studies Faculty: Arts & Social Sciences Title: The Values Shaping Australian Asylum Policy: A Historical and Ethical Inquiry Abstract 350 words maximum This thesis maps the values that have guided the asylum policy decisions of Australia's political leaders over the past half-century, drawing on archival records and interviews with former immigration ministers and senior public servants. For comparative purposes, it also maps the values shaping the views of asylum among leaders of a supra-national organization (the European Commission) and of a major non-government organization (the Jesuit Refugee Service). The findings support the view that a culture of control permeates Australian asylum policy decisions, and that the quest for control stems from perceptions of national interest as articulated in immigration and foreign policy. However, beneath this it shows the primary values shaping policy to be nation building and good governance in the case of the Australian leaders, and (European) community building in the case of European Commission leaders. Building on a 'caring for us, caring for them' conundrum found running through the values of all three groups of leaders, and seeking a secular equivalent to the faith-inspired relational approach of the Jesuit Refugee Service leaders, the thesis explores the contribution an ethics of care might make to asylum policy design, delivery and evaluation. It argues that such an approach, in which care is conceived as a value, process and practice rather than a sentiment or theory, is well suited to the area, especially when refined to provide for the work of empathy and imagination. It concludes by considering the potential implications for Australian asylum policy if an ethics of care were adopted. The primary goals of the thesis are a better understanding of the issues involved in asylum policy, and the articulation of an ethical approach potentially as engaging of policy insiders as of policy spectators. Declaration relating to disposition of project thesis/dissertation I hereby grant to the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or in part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all property rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all parts of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstracts International (this is applicable to doctoral theses only). ……………………………………… ……………………………………… ....…………………………. Signature Witness Date The University recognises that there may be exceptional circumstances requiring restrictions on copying or conditions on use. Requests for restriction for a period of up to 2 years must be made in writing. Requests for a longer period of restriction may be considered in exceptional circumstances and require the approval of the Dean of Graduate Research. FOR OFFICE USE ONLY Date of completion of requirements for Award: THIS SHEET IS TO BE GLUED TO THE INSIDE FRONT COVER OF THE THESIS Abstract This thesis maps the values that have guided the asylum policy decisions of Australia's political leaders over the past half-century, drawing on archival records and interviews with former immigration ministers and senior public servants. For comparative purposes, it also maps the values shaping the views of asylum among leaders of a supra- national organization (the European Commission) and of a major non-government organization (the Jesuit Refugee Service). The findings support the view that a culture of control permeates Australian asylum policy decisions, and that the quest for control stems from perceptions of national interest as articulated in immigration and foreign policy. However, beneath this it shows the primary values shaping policy to be nation building and good governance in the case of the Australian leaders, and (European) community building in the case of European Commission leaders. Building on a 'caring for us, caring for them' conundrum found running through the values of all three groups of leaders, and seeking a secular equivalent to the faith- inspired relational approach of the Jesuit Refugee Service leaders, the thesis explores the contribution an ethics of care might make to asylum policy design, delivery and evaluation. It argues that such an approach, in which care is conceived as a value, process and practice rather than a sentiment or theory, is well suited to the area, especially when refined to provide for the work of empathy and imagination. It concludes by considering the potential implications for Australian asylum policy if an ethics of care were adopted. The primary goals of the thesis are a better understanding of the issues involved in asylum policy, and the articulation of an ethical approach potentially as engaging of policy insiders as of policy spectators. Originality statement I hereby declare that this submission is my own work and to the best of my knowledge it contains no material previously published or written by another person, or substantial proportions of material which have been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgment is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project’s design and conception or in style, presentation and linguistic expression is acknowledged. …………………………………… (David Palmer) …………………………………… (Date) Copyright statement I hereby grant the University of News South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all proprietary rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstract International. I have either used no substantial portions of copyright material in my thesis or I have obtained permission to use copyright material; where permission has not been granted I have applied / will apply for a partial restriction of the digital copy of my thesis or dissertation. ….………………………………… (David Palmer) ……………………………………. (Date) Authenticity statement I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and of there are any minor variations in formatting, they are the result of the conversion to digital format. ….………………………………… (David Palmer) ……………………………………. (Date) Acknowledgments I am grateful to Professor Richard Hugman, my supervisor, for his encouragement, my interviewees for their willingness to talk with me, and, above all, Mai Ch’ing, for the freedom she has given me to undertake this work. TABLE OF CONTENTS Page Chapter one: Introduction 1 The state of debate 1 Methods and methodology 9 Definitions and concepts 26 Chapter outline 32 Chapter two: Asylum values – the archival record on principles 35 The right of asylum in the UDHR 36 The 1951 Refugees Convention 41 The 1967 Declaration on Territorial Asylum 68 The 1967 Protocol 77 Concluding comments 98 Chapter three: Asylum values – the archival record on practice 101 Wartime refugees 101 The 1956 Olympics 115 Asylum seekers from West New Guinea 122 Concluding comments 165 Chapter four: Asylum values – the personal record 170 Developments since 1973 171 Of ministerial whys and wherefores 185 Concluding comments 234 Chapter five: Other leaders, other value maps 240 The European Commission 241 The Jesuit Refugee Service 281 Concluding comments 307 Chapter six: Towards an ethics of care in asylum policy 315 Ethics in public policy 317 Care as a political ethics 333 Care’s demons 356 Care and asylum policy 368 Concluding comments 405 Chapter seven: Conclusions 411 Bibliography 427 CHAPTER ONE: INTRODUCTION Can one possibly develop the distance, the techniques and methods to describe and analyse issues [like asylum] that are impregnated with need, with fear, irrationality and emotion? (BS Chimni) Much has been written about refugees and asylum seekers in recent years, including in Australia. It is an area where, perhaps more than most, scholarship and advocacy often blend. Indeed, some argue that the legitimacy and purpose of refugee and asylum studies come from advocacy, and that work in the area should be judged more by its impact on the design of assistance and the strengthening of protection than the clarity of understanding or explanation it affords (van Hear 1998). This thesis seeks to straddle this divide. Its aim is two-fold: first, to chart the values that have guided Australia’s political leaders in asylum policy during the past sixty years or so, ever since thousands sought refuge here during World War Two, and second, to explore the potential contribution of an ethic or ethics of care1 in discussion of asylum policy design, delivery and evaluation. The underlying purpose is to add to the stock of insights and tools that might enable constructive dialogue between government and asylum seeker advocates, and that seek to accommodate the interests of both asylum seekers and receiving communities.
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