Issue
This briefing paper summary the key issues on Australia offshore processing regime. The policy for Asylum seekers arriving in Australia’s via boat to remain on either Nauru or Papua New Guineas Manus Island have not held neither sustainable one maintainable solutions. The human rights of the refugees due to the prolonged detention are harmful on their physical wellbeing and mental health.
Background
The 1951 convention relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (The Refugees Convention) was designed for the protection of asylum seekers. It identifies their rights to seek asylum whether it be from persecution in regards to race, religion, nationality, or political opinion outside of their
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The Coalition Government 2013 policy Operation Sovereign Borders reported that sending asylum seekers back via military vessels patrolling Australian waters has restored the integrity of its borders and prevented deaths at sea. Conversely, this is neither humanitarian nor helping solve the problem to protect offshore asylum seekers already detained. This does not protect and promote individual rights of those seeking asylum under the human rights convention. In addition to the indefinite detention has had a major impact on the physical and mental health of asylum seekers. This has been evident in protests from detainees that have resulted in deaths on Manus Island, in which security and police were present. Is reported is widespread and systematic abuse, the cramped conditions of their accommodation, and the lack of facilities causing illness and poor hygiene. Along with the lack of medical treatment available all these conditions are well below international standards. If the Australian government refuses to bring refugees to Australia then it must ensure that conditions of the detention are humane. Australia has entered into an arrangement whereas by other states are used for resettlement, it is however still responsible for ensuring human rights obligations and adhered to under these paramagnets. The conditions of detention state that refugees are not to be held for lengthy stays in solitary detention, and that they have access to key services such as health care, education and mental health services. The Australian government’s offshore operations are extremely guarded and service providers working for the Australian government face criminal charges and civil penalties if they disclose any information about the conditions of the asylum seekers and refuges. The border forces act 2015 heightened security after the event that happened on the
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This hinders public access and understanding of their entitled rights by the public. The humanitarian laws on Asylum seekers need to be change with precision and care in order to suit the current situation and protect their rights as it is not respected; in order to uphold Australia’s image as an advanced and democratic nation in this issue. This will give the refugees the rights that they deserve and the “fair go” that embodies our
To address these concerns and ensure that the rights of LGBTI asylum seekers are protected, the Commission recommends that the Australian Government adopt an on-shore processing solution for irregular maritime arrivals. Due to the vulnerable position of sexual minorities in detention, the Commission also urges the Government to implement community detention arrangements for all LGBTI asylum seekers awaiting refugee status determination’s (RSD). In addition, increased opportunities for judicial review following negative RSD’s, improved independent monitoring, the development of guidelines on LGBTI
The detention of asylum seekers on offshore islands has becomes central to Australia’s border security program (Dickson, 2015). The offshore detention, processing and resettlement regime branded the ‘Pacific Solution’ was terminated in 2008; it was reconfigured and resurrected in 2013 (Larkin, 2017). Manus Island and Nauru were closed in 2008 by the Australian Labour government, bringing an end to the ‘Pacific Solution,’ the centres were once again used in 2012 to house asylum seekers by the same government that ended the practice years before (Dickson, 2015). The next year, in 2013, the Australian Coalition government made Australia’s asylum policy even sterner, with ‘Operation Sovereign Borders’, which placed all the control of asylum operations in the hands
Asylum Seeker policy has become key political battleground in recent times. This stems from the end of Australia’s ‘White Australia’ policy in the 1970s; a policy which saw restrictions placed on non-European migration for over 70 years (Crock & Berg, 2011). Following the conclusion of the Vietnam war, a myriad of boats arrived in Australia, carrying asylum seekers from south east Asia. This lead to a stark increase in public concern over the arrivals and consequently, the term ‘boat people’ was born and spread through the media and public/political discourses alike (Grewcock, 2009).
Political unrest and local war happens around the world all the time. Many people live in a dangerous situation and suffered from violence. Hence, large amount of asylum seeker undertakes a huge perilous, try to cross the ocean and arrive Australia. To deal with this issue, Australian government enacted mandatory detention policy and offshore processing policy, these policies become highly contentious in the community with many arguments and criticisms. This report will focus on the nature and purpose of these immigration policies and the impact towards the asylum seeker as well as the criticism form international. To propose some advice about how the future policies should be framed.
For many years refugees have been demonized by the country through the spread of fear and misconception. Furthermore, the disgusting treatment of refugees in the detention camps by the Australian Government has been roundly criticised by the international community.
Asylum seekers or refugees have fled their countries’ due to volatile circumstances such as war, or fear of prosecution. Upon arrival in Australia they are moved to detention centres. Detention centres hold people who have come without a visa, any non-national and all unauthorised boat arrivals (Australian Human Rights Commission, 2014). These centres hold refugees for indefinite periods and in poor conditions. They are used as a spectacle to represent illegality and a threat to Australian society (Marfleet, 2007, p672).
International law under the 1951 Refugee Convention, permits the right to seek asylum and allocates a responsibility to provide protection for those who lie under the definition of refugee. Since then policies have been modified and used to suit the interests of the government. In particular, the Border Protection Legislation Amendment Act 1999. Authorised the removal of undocumented ships in Australian territory and proclaimed that anyone aboard the ship can be forcibly returned and denied application of asylum. Other legislation, such as the Migration Legislation Amendment Act 1999 makes it illegal for a person to carry people who are not citizens without valid documentation. These policies allow the government to portray itself as strong on border protection and terrorism. This plays well to its core constituencies but is rightly lambasted by human rights organisations and civil liberty groups. Refugees are undocumented people fleeing from their country of origin, so there isn’t a variety of travel options to escape to safety. The policy disclaiming that ‘everyone who lands by boat doesn’t get to stay’ is ignorant to the concept of why people are forced to leave. It’s not a choice to be removed from your country, it's a matter of survival and safety. The core principle of the Refugee convention is that people are not forced to return to a country where they face the threat of persecution or danger.
In May 2013, the Government made some extension in policy to apply to asylum seekers who arrive by boat anywhere in Australia. Under this system, Asylum seekers who have arrived by boat must be transferred to the third country. Additionally, if these people transferred to third country then their claims of protection will be processed under this country’s law. Reciprocally, if asylum seekers who arrive by boat are allowed by the minister to remain in Australia, then their claims will be processes under Australian law. However, as of June 2013, Australian Government has not yet started processing any claims by asylum seekers, who arrived after 13 August, 2013. This was the step taken by former government maybe under the pressure of its own people who are Australians. As far as Australians are concerned, it is true that Australians are racist and they won’t people of other countries to come and live in their country. Racism can be seen in clubs and pubs where those Australian see other people with angrily and heatedly. Even though, Racism factor is present in Australia; but still it is a beautiful and safe country. Meanwhile, as far as the Australians views are concerned in regarding to asylum seekers who arrive on boats or any other way to
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Australia has arguably the most restrictive immigration control in the world and has very tough policies in place for asylum seekers who arrive by boat. Under Australia 's system of mandatory detention, all non-citizens who are in Australia without a valid visa must be detained, including children. In 2012, offshore processing of asylum seekers commenced and detention centres in Nauru and Manus Island (Papua New Guinea) were established. This new system enforced policies that transferred asylum seekers who arrive by boat without a valid visa to a third country. Once the processing of asylum seekers was completed, those found to be genuine refugees will be resettled in Papua New Guinea or Cambodia, not Australia. The Abbott Government stated that no immigrant who arrives in Australia by boat will be grated a visa, no matter the legitimacy of their claim. In April 2016, the Manus Island detention centre was closed after the Supreme Court of Papua New Guinea found it to be illegal. Current immigration Peter Dutton has made it clear that asylum seekers on Manus Island are the responsibility of Papua New Guinea and would not come to Australia. As well as the hundreds of immigrants in offshore detention centres, there are hundreds more in community detention in Australia. There are currently over 26,800 visa applications from those who are awaiting the outcome of their refugee application whilst living on a bridging visa in Australia.
The resettlement of refugees in Australia is a controversial topic; many people believe that they come here to commit crime, change our culture and steal our jobs. ‘The Happiest Refugee’ has enhanced my belief that refugees should be allowed to live in Australia. I believe that refugees are here to escape war and persecution; they are not criminals, nor do they want to change our culture or steal our jobs. Refugees are generally grateful for their new lives in Australia and they embrace our culture. ‘The Happiest Refugee’ is a source of evidence that supports this.
Another technique used in the documentary to challenge the viewers’ assumptions was the use of narration to present facts about the refugee situation. These facts and figures give the viewers a truthful and realistic picture of the situation. Some beliefs that exist in Australian society are that we are taking in too many refugees; they are criminals, they are taking over Australia, using Australian tax payers’ money and changing our culture. However, we are presented with facts and figures that change our assumptions. For example, more than 30 million people have fled their homes with nothing but the clothes they wear, boat smugglers charge up to and over $10, 000 US dollars, 13, 000 refugees are accepted annually only 2,000 of those refugees arrive by boat. Despite what many people think, like Raye who believed refugees in Australia are “handed everything on a gold platter,” life in detention centres is hard. In Villawood Detention Centre, over 9 months, three detainees committed suicide and 18 caused self-harm.
According to Gardiner, climate change is cause for a “perfect moral storm” (Gardiner, 88). He defines the perfect moral storm as the combination of different harmful factors that are independent from each other where the outcome is expected to be negative. A perfect moral storm can be associated with climate change on the grounds that it involves concurrence of various factors that threaten the ability to perform ethically. There are three moral storms that are pertinent to the climate change argument. The three moral storms emerge from global, intergenerational, and theoretical dimensions.