The Rudd/Gillard Government, Asylum Seekers, and the Politics of Norm
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The Rudd/Gillard Government, Asylum Seekers, and the Politics of Norm Contestation Katja Cooper B Arts (International Relations)/B Laws (Hons) A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2019 School of Political Science and International Relations (POLSIS) i Abstract This thesis examines the important role that humanitarian arguments played in influencing the trajectory of Australia’s asylum seeker policy during the Prime Ministerships of Kevin Rudd and Julia Gillard (2007 – 2013). In the leadup to the 2007 Federal Election, Rudd declared that Australia had a moral obligation to treat asylum seekers with compassion because the ‘biblical injunction to care for the stranger in our midst is clear.’ During his first year in office, Rudd largely fulfilled his promise to comply with the ‘letter and the spirit’ of the Refugee Convention by ending offshore detention on Nauru and Manus Island, abolishing Temporary Protection Visas (TPVs), and declaring that mandatory detention would only be used as a ‘last resort.’ However, by 2013, Labor’s humanitarian platform on Irregular Maritime Arrivals (IMAs) had been largely abandoned. Faced with a significant increase in boat arrivals, an overburdened immigration detention system and an increasingly hostile public, both Rudd and his successor Gillard responded by gradually reintroducing the punitive measures that had comprised the Howard Government’s Pacific Solution. In order to ascertain why Rudd’s attempt to take Australia’s asylum seeker policy in a more humanitarian direction was unable to be sustained, I will undertake a normative analysis of the language that both Labor and the Coalition used in order to legitimate their respective asylum seeker policies during the Rudd/Gillard era. I argue that while the abovementioned factors did play a crucial part in prompting Labor to repudiate its humanitarian stance on IMAs, it was the Coalition’s strategic use of compassion rhetoric that enabled Opposition leader Tony Abbott to de-legitimise both pillars of Rudd’s ‘hardline and humane’ policy. In particular, the so-called ‘drownings argument,’ which drew direct parallels between rising numbers of IMA deaths at sea and the Rudd government’s policy changes, fortified the Coalition’s argument that stronger border protection measures were necessary in order to ‘save lives’ by preventing IMAs from undertaking the perilous sea voyage to Australia. In order to provide a comprehensive response to the research question, I developed a discourse- analytical conceptual framework that incorporates insights from the constructivist literature on Critical Norm Research (CNR). One of the key findings is that the domestic ‘meaning-in-use’ of international asylum seeker norms has not remained constant, but has rather evolved in response to agent-driven, structural and context-specific changes in Australia’s socio-political environment. By demonstrating that Labor’s humanitarian platform on IMAs significantly altered the discursive parameters of the asylum seeker debate during this period, this thesis therefore aims to make an original contribution to both the empirical literature on Australia’s political response to boat arrivals and the theoretical literature on norm contestation. ii Declaration by Author This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis. I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, financial support and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my higher degree by research candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award. I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the policy and procedures of The University of Queensland, the thesis be made available for research and study in accordance with the Copyright Act 1968 unless a period of embargo has been approved by the Dean of the Graduate School. I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Where appropriate I have obtained copyright permission from the copyright holder to reproduce material in this thesis and have sought permission from co-authors for any jointly authored works included in the thesis. iii Publications included in this thesis No publications included. Submitted Manuscripts included in this thesis No manuscripts submitted for publication. Publications during Candidature No other publications. Contributions by others to the thesis No contribution by others. Statement of parts of the thesis submitted to qualify for the award of another degree No works submitted towards another degree have been included in this thesis. Research Involving Human or Animal Subjects No animal or human subjects were involved in this research. iv Financial support This research was supported by a University of Queensland Research Scholarship (UQRS) Australian and New Zealand Standard Research Classifications (ANZSRC) 160601 Australian Government and Politics (70%) 160607 International Relations (30%) Fields of Research (FoR) Classification 1605 Policy and Administration (30%) 1606 Political Science (70%) Keywords Australia, asylum seekers, Rudd/Gillard governments, norm contestation, critical norm research. v Acknowledgements The truth behind the proverb that ‘it takes a village to raise a child’ has been widely acknowledged. However, the same principle can be readily applied to writing a PhD. The lengthy and often challenging process of completing this research project would not have been made possible without the help and guidance of my supervisors, my family, the POLSIS community and the Graduate School. First, I want to thank my supervisors Matt McDonald and Phil Orchard, who provided me with helpful and constructive feedback for my draft chapters and who understood that my significant caring responsibilities sometimes made it difficult to meet set deadlines (while still encouraging and guiding me towards completion). Second, I want to acknowledge the invaluable assistance of my family in getting me to this final stage. To my husband Danny (who has helped me to navigate this emotional rollercoaster since the beginning), my son Dylan (who will hopefully understand one day how hard mummy worked while still providing him with love and affection), and to his grandparents, who provided me with much-needed support and additional writing time. Third, I want to thank POLSIS and the Graduate School for enabling me to complete this PhD despite the numerous setbacks that I faced at various points of my candidature. As a PhD candidate and parent of a young child, the difficulties of maintaining a feasible work/life balance have at times seemed insurmountable. However, requests for assistance were always met with support and understanding by both parties, who took my circumstances into account and recognised that each PhD pathway is unique. The PhD journey can also feel exceedingly lonely and isolating at times, especially when you are primarily working off-campus and therefore often do not have the benefit of engaging directly with your research community. Therefore, I would also like to thank all of the wonderful PhD mums and dads from the Facebook groups PhD and Early Career Researcher Parents, Virtual SUAW – Parents Edition, and the Full Draft Club for providing me with invaluable emotional support during those fraught 2am writing sessions and for reminding me that there are others that have faced similar challenges and succeeded nonetheless. Being able to share your triumphs, commiserate with your setbacks, and cheer you on when you pressed the submit button helped me when I needed it the most. vi Table of Contents Abstract .............................................................................................................................................................. i Declaration by Author .................................................................................................................................... ii Preliminary Matters ................................................................................................................................... iii-iv Acknowledgements ......................................................................................................................................... v Table of Contents ....................................................................................................................................... vi-ix List of Acronyms and Abbreviations ..................................................................................................... x-xiii Introduction I. Research Problem ..................................................................................................................... 1 Research Question .....................................................................................................................................