Saturday 31 May 2014

A Failure of Moral Leadership « The Australian Independent Media Network

A Failure of Moral Leadership « The Australian Independent Media Network

A Failure of Moral Leadership



riotThe recent review
into the events on 16th-18th February at the Manus Island Regional
Processing Centre that led to the death of 23 year old Iranian Asylum
seeker, Reza Barati, raises several questions about the responsibilities
incumbent upon the Department of Immigration and Border Protection and
its minister, Scott Morrison.



But, more importantly, it also raises questions of political leadership generally.


Commissioned as it was by the Department, the report has been
criticised as short on detail and containing little that had not been
reported already by New Matilda, the ABC, the Guardian and Fairfax. According to Max Chalmers of New Matilda, the report by former Robert Cornall is a farce.



Despite acknowledging serious deficiencies in the treatment of
detainees including the overcrowded conditions, failure to process
claims and failing to give adequate answers to questions raised by
detainees as to their future, the report
offers little by way of corrective action. It does, however,
demonstrate a direct correlation between the tension, anger and
frustration which led to the riots and the Australian Government’s
asylum seeker policies.



Those policies include being sent to Papua New Guinea in the first
place and having no chance of being resettled in Australia. It also
cites the length of time taken to determine their status as refugees,
the length of time spent at Manus and information concerning their
resettlement in New Guinea as contributing factors. “Cornall’s
most recent review indicates that the frustration and uncertainty faced
by asylum seekers awaiting processing, as well as their despair at the
prospect of never being resettled in Australia, led to protests and an
antagonistic relationship between asylum seekers and locals employed in
the centre,”
Max Chalmers writes.



Let us consider that prior to the riots, not one of the 1340
detainees’ claims had been processed. Consider that detainees had no
idea how long they would be kept in the overcrowded compounds. Consider
the heat, humidity, inadequate hygiene, the mental anguish, the
depression and the likelihood of racial tension both within and outside
the camp. Consider the lack of information being provided. Any one of
these factors was enough to cause disquiet. Put together, they became a
ticking time bomb about which warnings were issued to the department.



Cornall’s review is disturbing on several levels. It confirms earlier
media reports of the involvement of GS4 staff, PNG Police, PNG
nationals and Australian expats. It confirms that detainees not involved
in the riots were dragged from their beds and beaten. Eyewitness
reports confirm Reza Barati was set upon by up to ten people including
one PNG Salvation Army staff member and beaten mercilessly. The PNG
police are still conducting their own investigation into the riots and
now claim they are hamstrung by a lack of cooperation “from all involved.”



The role of the previous government in this tragic event cannot be
ignored. Kevin Rudd’s decision to reopen the Manus Island detention
centre was political. He acted in a manner consistent with a leader
trying to deflect criticism from an opposition that smelt blood. He was
trying to deny the opposition traction on a highly toxic issue in an
upcoming election. He decided on the policy to permanently deny asylum
seekers who arrived by boat, settlement in Australia. That decision was
also political. But the then opposition, now the government, were happy
to go along with it. They would have done it themselves anyway. The
transfer of the first detainees was swift and poorly prepared. It was a
failure of moral leadership.



This was not the first time Rudd acted in haste. The present
government is conducting a Royal Commission into the pink bats fiasco
which led to the death of four workers. That earlier decision to set up
the roof insulation programme was also poorly prepared. The present
government is now spending millions of dollars designed primarily to
embarrass the previous government.



The parallels between the Manus Island riots and the pink bats fiasco
where four young men died cannot be ignored. Former ministers Peter
Garrett, Mark Abib and Kevin Rudd have been called to account at that
hearing. Similarly, a man has died while under the protection of the
Immigration minister, Scott Morrison. Why is he not being called to
account? The best ‘mean culpa’ Scott Morrison has been able to offer is
his ‘great regret’. Morrison added that it was, “terrible, tragic and
distressing.”



morrisonBy
any reasonable measure, ministerial responsibility demands Scott
Morrison’s resignation. In his statement following the release of the
Cornall review he acknowledged the delay in setting up CCTV, better
lighting and fencing that he had approved in November last year. Even
here, he could not resist firing off a broadside at the previous
government who he claimed had done nothing. He too, was playing
politics. He has given no explanation as to why, as late as February,
still no asylum seekers claims had been processed. Why was there such a
long delay? Was the Department of Immigration and Border Control
deliberately delaying the process? Were they deliberately leaving
detainees to believe that they could be in detention for years as a
means of encouraging them to return home? Are not the actions of the
department worthy of an inquiry that puts them under the spotlight? This
too, is a failure of moral leadership.



Each of the recommendations that have been made in Robert Cornall’s
review begs the questions: Why is it there? Why has it not been shut
down? Why do we have offshore processing?



For a government so obsessed by waste and so keen to save money, the
economics alone should tell them this is bad policy. The inhumane
treatment should tell them this is immoral. History will record this
period as one of our lowest, rivaling our treatment of indigenous
Australians over the last century. Media attention on the pink bats
Royal Commission will eventually subside, regardless of the outcome. It
is a cheap political exercise. The issue of asylum seekers in offshore
detention will not subside. It will remain a ticking time bomb.



beratiThose
in the broader community who have supported the policies of both
governments should also accept their share of the responsibility.
Politicians are weak and feeble people who thrive on what they perceive
to be the mood of the people. They are opportunists ever ready to seize
upon, and exploit, issues they believe will further their interests. The
people who support offshore processing should hang their heads in
shame. They, along with John Howard, Kevin Rudd, Scott Morrison and Tony
Abbott are all indirectly responsible for the death of Reza Barati.
Bill Shorten’s failure to raise one question this week in parliament
about Robert Cornall’s review indicts him as well.



They have all failed in moral leadership.

Tuesday 13 May 2014

Scott Morrison and the Australian Border Farce - The Drum (Australian Broadcasting Corporation)

Scott Morrison and the Australian Border Farce - The Drum (Australian Broadcasting Corporation)

Scott Morrison and the Australian Border Farce

Updated
Mon 12 May 2014, 3:40pm AEST

What is Scott Morrison's reward for
orchestrating the paranoia about asylum seekers that is so hurting
Australia's foreign policy? The answer: a new border security force,
writes Mungo MacCallum.
It was always likely to
happen and now it has. Immigration commander in chief Scott Morrison and
his executive generalissimo Angus Campbell have gone rogue. It is time,
past time, to confront the obvious: Operation Sovereign Borders is out
of control and running amok.


Last week Prime Minister Tony Abbott
was forced to snub the Indonesian president Susilo Bambang Yudhoyono,
who had extended an olive branch to meet him in Bali and start repairing
the fractured relationship. The official spin was that Abbott had to
stay in Canberra to prepare the budget, but the budget date of May 14
was set in stone years ago and the key decisions had already been taken.


The
real reason, well informed and (this time at least) reliable sources
insist, was that the most recent hijinks at sea of the tight-lipped duo
made the meeting impossible; they would have been just too embarrassing
for the Indonesian president.


Apparently not only had our Navy
turned back another unseaworthy vessel whose occupants had to be recued
by their Indonesian counterparts, but in the process they had added
three more detainees to the passenger list so the boat actually arrived
back in Java with more on board than it had when it embarked. At least
that it is the version being very firmly promulgated from Jakarta, and
since Morrison will not deny it (secret on water matters, of course) it
is presumably accurate.


This marks a serious escalation almost
certainly not sanctioned by cabinet and probably not even by Abbott
himself. Unsurprisingly it was roundly condemned by the feisty
Indonesian foreign minister Marty Natalegawa. You can see his point.
Turning boats back is bad enough, but it could perhaps be tolerated if
the Australian Government did not keep bragging about it and telling the
world that they did not give a rat's arse if Jakarta objected. But
using those same would-be asylum seeker crafts to deport our own rejects
constitutes an entirely new level of contempt.


Even if Yudhoyono,
previously a good friend of Australia and now seeking reconciliation in
the twilight of his presidential term, might be prepared to forgive it
as a slice of ocker realpolitik, his rivals and compatriots will not. So
Morrison and Campbell, always beyond scrutiny and now apparently beyond
accountability, have managed to trash the relationship with our huge
and increasingly powerful neighbour, the relationship that Abbott once
called Australia's most important. (Of course on various occasions he
has also said similar things about the United States, Japan and China,
and his compulsive monarchism presumably means that he personally feels
the United Kingdom is also up there; but hey, at the very least
Indonesia is in the top five).


The duo have guaranteed that
Yudhoyono's successor, whoever he may be, will be far less sympathetic
towards Australia than the benign SBJ. Indeed, the contestants for the
next presidential election will probably vie with each other to bad
mouth the great southern bully as much as possible, and in office will
feel bound to live up to their rhetoric. And it isn't only Indonesia;
via such highly respected international organisations as the United
Nations High Commission on Refugees, Amnesty and many others the word is
getting around that the new government is plumbing new depths.


But
never fear, we have our allies: Sri Lanka is fulsomely grateful that
Australia failed to join others in sponsoring a resolution for an
investigation into possible abuses of human rights during its war
against the Tamil separatists. It was, of course, a quid pro quo for Sri
Lanka's support for the policies of Operation Sovereign Borders, a
textbook case of the way the Stop The Boats obsession is distorting our
foreign policy.


All these shenanigans have allowed Morrison to
cash in on the national paranoia he has ably orchestrated; his portfolio
is now to be expanded to take in the entire Customs Department, and to
use it as a base to set up a new paramilitary body to be called the
Australian Border Force. This will, he assures us, be under the control
of a civilian; a commissioner who will nonetheless have standing equal
to that of the Chief of the Defence Forces and who will report directly
and exclusively to the newly enhance minister.


Springing this
development on a startled audience at the Lowy Institute, Morrison gave
no guarantees that his new force would be any more transparent or
accountable than his old one, and showed that he intended to maintain
the iron curtain by not informing any of those directly affected in
advance; officers of the soon to be defunct Customs Department had to
read about their new status and new minister in the morning papers.


Morrison
clearly enjoys Abbott's confidence; after all, he has stopped the
boats, or at least turned them back, which to the voters of the western
suburbs amounts to the same thing, even if Fiona Scott still has to
suffer traffic jams on the M4. And he is definitely a minister on the
make; he has revelled in speculation that he could one day take the top
job himself. Which should make the thoughtful very nervous. Allowing
politicians whose ambition and arrogance greatly outweigh their
abilities and character to acquire their own private armies is seldom a
good idea.


To take just one obvious example: when Adolf Hitler
gave his mate Heinrich Himmler control of the SS in 1929, the
organisation was a single battalion of 290. Within a year Himmler had
raised its ranks to 3,000 and by the time Hitler gained supreme power in
1933 the SS numbered 52,000. And so it went.


Yes, I know, any
mention of Hitler means I lose the argument. Gerard Henderson has said
so and Gerard Henderson is always right, or at least Right. But that
does not alter the fact that Scott Morrison has already done great
damage to Australia's reputation and to our foreign policy. And
something warns me that we ain't seen nothing yet.


Mungo Wentworth MacCallum is a political journalist and commentator. View his full profile here.




First posted
Mon 12 May 2014, 3:33pm AEST

Saturday 10 May 2014

Asylum seeker 'mega department' risks our democracy | Bruce Haigh | Comment is free | theguardian.com

Asylum seeker 'mega department' risks our democracy | Bruce Haigh | Comment is free | theguardian.com

Australia's asylum seeker obsession puts democracy at risk

Scott
Morrison's creation of a single border force confirms it: asylum seeker
policy is dominating the working agenda of the government and its
departments. An inquiry is inevitable






Prime Minister Tony Abbott (left) and Immigration minister Scott Morrison  arrive for question time in the House of Representatives at Parliament House in Canberra, Monday, Feb. 24, 2014.
The pressure on core processes and beliefs
will result in a judicial inquiry or royal commission into Australia’s
treatment of asylum seekers. Photograph: LUKAS COCH/AAPIMAGE



Today, in his address at the Lowy Institute, immigration minister Scott Morrison announced the creation of the Australian border force,
a "single integrated border protection agency" of customs and
immigrations assets – including detention centre management. A
commissioner, to lead the agency, will report directly to Morrison and
“pick up where Operation Sovereign Borders leaves off”.


This
latest announcement shows that far from being on the periphery of
Australian politics, asylum seeker policy is now at its centre. It has
taken on a life of its own and now, to varying degrees, dictates the
working agenda of a number of key government departments and agencies.
The overwrought reaction to what in reality is the movement of a small
number of people has in effect created a de-facto "mega department" in
Canberra, informal but central to the government's agenda, and not
overly concerned with the rule of law.


It includes the department
of defence, whose uniformed personnel have become politicised by their
involvement in immigration control. It began when the SAS were deployed
onto the Tampa under John Howard; now the commando who led the attack is
the deputy chief of the army.
The Australian navy has also been compromised, made to breach
Indonesian sovereignty as it tows boats back across the maritime
boundary.


Refugees legitimately seeking asylum, for that is what
they are doing, do not constitute a security threat. Yet Morrison,
acting on the hysteria generated by Tony Abbott, has chosen to couch
asylum seekers' legitimate quest for freedom in terms of an invasion.


Immigration have advised sending Tamils back to Sri Lanka without hearing their claims for asylum
on the basis, untested, that they are economic refugees. They oversee
the hellish holding camps for asylum seekers on Manus and Nauru. They
have primary responsibility for a policy which treats people badly and
illegally, both in terms of Australian domestic law and international
law.


The attorney-general’s department has acquiesced in these illegalities and supports the indefinite detention of over 50 refugees, mostly Tamils, on security grounds. Its decision is based on the flawed assessment of ASIO,
which has received its advice from the Sri Lankan government, the
victors in a civil war which has seen the defeated and persecuted Tamils
seeking to flee the country.


The department of foreign affairs,
apparently acting on domestic political imperatives, has obfuscated the
reality of existence for Tamils in Sri Lanka, which embraces
persecution, in order to back the Australian government’s policy of
denying refugee status to Tamils. Together with the AFP, who has
officers stationed in Colombo, foreign affairs has sought to strengthen
the resolve of the Sri Lankan authorities to stop boats with Tamils on
board sailing for Australia.


Concluding secret deals with
Cambodia, a notoriously corrupt state, for the resettlement of refugees
seeking asylum in Australia does not remove Australia from its
responsibilities and the UNHCR has said as much. Nor can returning Tamil
asylum seekers to Sri Lanka without testing their claims be construed
as anything less than an act of bastardry.


The AFP has also
been involved in working with people smugglers in Indonesia and Malaysia
to disrupt sea borne smuggling operations to Australia. ASIS have been
been involved in these operations and in gathering information on the
likely movement of people from other countries, including Iraq, Iran and
Afghanistan.


Prime minister and cabinet is the co-ordinator and
political driving force of this "mega department", although power shifts
and positions are contested, sometimes hotly, depending on the
ambitions at play. However, a consensus and team mentality has built, a
common language agreed behind officially sanctioned walls of silence,
which has helped unify the bureaucratic players. The consensus on this
key issue between both major parties has helped.


The effect of
asylum seeker policy on the political advisory process has the potential
to substantially undermine established democratic process. The pressure
on core processes and beliefs will result in a judicial inquiry or
royal commission into Australia’s treatment of asylum seekers. And none
of the fictions invented about the responsibilities of the PNG or
Nauruan governments toward deported and incarcerated asylum seekers can
absolve the Australian government from their international legal and
humanitarian responsibilities.


Morrison claims he has stopped the
boats, but he has not. His agents continue to turn them back, at great
cost. He has not developed a sustainable policy. The numbers are
building on Indonesia. An inquiry is inevitable. What will they do?






Wednesday 7 May 2014

Port Moresby governor calls on PNG not to ‘act like Australians’ on Manus | World news | theguardian.com

Port Moresby governor calls on PNG not to ‘act like Australians’ on Manus | World news | theguardian.com



ONE TERM TONY AND CO NOBODY LIKES YOU

Port Moresby governor calls on PNG not to ‘act like Australians’ on Manus

Powes Parkop decries as 'repugnant' the detention of asylum seekers in a 'near prison-like environment'





manus island
Parkop also suggested that some Manus
Island detainees be given freedom to work while they await processing,
to address the country’s skills shortage crisis. Photograph: Eoin
Blackwell/AAP

The governor of Port Moresby has called on Papua New Guinea not to
“act like Australians” and to distance itself from Australia’s
“treatment and attitude” towards asylum seekers, in an open letter
criticising the Manus Island detention process.


Governor Powes
Parkop also suggested that some Manus Island detainees be given freedom
to work while they await processing, to address the country’s skills
shortage crisis.


In an open letter to the minister for foreign affairs,
Rimbink Pato, Parkop decried the detention of asylum seekers in a “near
prison-like environment” as “repugnant to our traditional and
contemporary culture and to our Christian values”.


The Manus
Island detention facility currently holds about 1,270 asylum seekers,
and faces constant criticism for its harsh conditions. Investigations
are underway into the death of 23-year-old Reza Barati during violent
incidents at the centre in February. Witnesses have said Barati was beaten to death by local PNG contractors during the unrest.


In
his letter Parkop called on Pato to adopt a more humane and “morally
superior” approach to processing asylum seekers than the current
Australian-run system, which he said went against the UN convention on
refugees, to which PNG is a signatory.


“This is an Australian
practice which we should guard ourselves against,” Parkop wrote. “We are
a compassionate nation and people known for our hospitality and
compassion in reaching out to people in hardship, distress or seeking
comfort.”


The letter, titled “(SOFT) HUMAN APPROACH TO ASYLUM
SEEKERS” and dated 23 April, was published as a full page advertisement
in two PNG newspapers, including the Post Courier.


It was copied
to the PNG prime minister, Peter O’Neill, the Australian high
commissioner, Deborah Stokes, and the media. Parkop told Guardian
Australia he had had no response from PNG or Australian officials.


Parkop
suggested the PNG authorities screen Manus Island detainees, and grant
work permits to those with professional skills such as “engineers,
doctors, nurses, teachers, accounts [sic], etc” to address the country’s
skills shortage.


Citing mental health problems created and
exacerbated by the detention centre conditions, Parkop wrote that steps
must be taken to ensure asylum seekers do not live in the “prison like”
environment. He did not suggest skilled asylum seekers be given any
further claim to settlement in PNG, but rather be allowed to work and
“contribute socially and economically” while they waited for their
applications to a “third or fourth” country to be processed.


“I
understand our people are opposed to their settlement in PNG but I
believe this attitude is influenced by the perception that some of these
asylum seekers might be extremist or Muslim fanatics or trouble
makers,” Parkop wrote. “Let us not demonize these people forever or
collectively. Let’s have a more human approach that befits our culture,
our moral and legal responsibility and let’s not act like Australians
and allow their policies and culture of detention forever to dictate our
approach.”


Parkop, governor of PNG’s capital city, is a former
human rights lawyer. He is originally from Mbuke Island off the south
coast of Manus Island, the Post Courier reported.


The Australian departments of Foreign Affairs and Immigration did not respond to requests for comment.

Tuesday 6 May 2014

Australian navy turns back asylum seeker boat to Indonesia after loading three extra people

Australian navy turns back asylum seeker boat to Indonesia after loading three extra people

Australian navy turns back asylum seeker boat to Indonesia after loading three extra people

Date



Hard line ... Immigration Minister Scott Morrison can expect questions about whether the Australian navy loaded three asylum seekers from a boat that was turned around in February.
Hard line ... Immigration Minister Scott Morrison can
expect questions about whether the Australian navy loaded three asylum
seekers from a boat that was turned around in February. Photo: Andrew Meares











The asylum seeker boat that allegedly deterred Tony Abbott
from meeting Indonesian President Susilo Bambang Yudhoyono this week has
been found in Indonesia after the Australian navy reportedly put three
extra people on board and then turned it back.





People on board the wooden boat have told authorities in
Indonesia that the Australian navy loaded two Albanians and one
Indonesian onto the boat before sending it back to a remote island in
eastern Indonesia.







An asylum seeker boat carrying refugees arrives on Christmas Island on November 20, 2012. The Australian navy has escorted eight boats back to Indonesian waters since December 19, 2013.
An asylum seeker boat carrying refugees arrives on
Christmas Island on November 20, 2012. The Australian navy has escorted
eight boats back to Indonesian waters since December 19, 2013.







There is no further information about the extra passengers,
but there is speculation that they may be the two asylum seekers who
were taken to Christmas Island for “urgent medical treatment” after
another tow-back operation in February. The third may be an Indonesian
crew member.





If the two were medically treated on Australian soil then
loaded onto the next available boat to be pushed back to Indonesia, it
would represent a controversial new turn in Australia’s tow-back policy.




Fairfax Media has sought comment from Immigration Minister Scott Morrison.






Asylum seekers are transported to Christmas Island in March, 2013.
Asylum seekers are transported to Christmas Island in March, 2013. Photo: Wolter Peeters






A statement released by the Indonesian navy late on Monday
night said 18 asylum seekers — 16 Indians and two Nepalese — had set out
on April 26 from South Sulawesi. They were intercepted by Operation
Sovereign Borders vessels on May 1 near Ashmore Reef, an Australian
territory in the ocean west of Darwin.




The asylum seekers told the Indonesian naval officers the
Australian vessels then escorted their wooden boat closer to Indonesia
where, on Sunday, the three extra men — two Albanians and an Indonesian —
were put on board.




The wooden boat was then left on the ocean and directed
towards Indonesian territory. It ran out of fuel at an island in
Indonesia’s remote eastern province, where the men were stranded, then
found by Indonesian navy personnel.







There is speculation that Tony Abbott cancelled a trip to meet Indonesia's President Susilo Bambang Yudhoyono to prevent embarrassment over the latest asylum boat incident.
There is speculation that Tony Abbott cancelled a
trip to meet Indonesia's President Susilo Bambang Yudhoyono to prevent
embarrassment over the latest asylum boat incident. Photo: AFP







It is the eighth confirmed Australian turn-back operation since the first boat arrived on December 19.



In early February, about 34 refugees from Iran, Pakistan,
Bangladesh and Nepal were returned in one of Australia’s unsinkable
orange lifeboats. Those people said that two of their number had been
ill and had been taken away by the Australian navy.




Immigration Minister Scott Morrison confirmed that two people
had been taken to Christmas Island with health issues, one at least for
“urgent medical treatment with a heart condition”.




No further information about the two has been released.



Mr Abbott had made plans to accept the invitation of the
Indonesian president to meet on the sidelines of an “open government”
conference in Bali this week to try to smooth tensions over recent
spying revelations.




However, Mr Abbott cancelled those plans late on Friday,
citing the pre-budget period and the release of the Commission of Audit.
The Indonesian president’s spokesman Teuku Faizasyah said Dr Yudhoyono
accepted that explanation at face value.




The arrival of this boat, however, raises the question about
whether the real reason for the cancellation was to save embarrassment
on both sides.

Read more: http://www.smh.com.au/federal-politics/political-news/australian-navy-turns-back-asylum-seeker-boat-to-indonesia-after-loading-three-extra-people-20140506-zr55k.html#ixzz30spqN7CC

Australia’s Cambodia deal: making a broken system worse

Australia’s Cambodia deal: making a broken system worse

Australia’s Cambodia deal: making a broken system worse




Graeme McGregor, 5 May 2014, 02:57PM



After weeks of rumours and slip-ups from Ministers, this week the Australian Government struck a bizarre deal.



It was announced that our government has come to an agreement that Cambodia will take in a yet-to-be-decided number of refugees who are currently being detained by Australia on Nauru and Manus Island, Papua New Guinea.



The two countries haven’t released any details of the deal – such as
how much Australia is paying Cambodia to make this happen – but the
problems with the agreement are already obvious.




Cambodia's record

Richard Bennett, Amnesty International’s Asia-Pacific Director said on Friday,
"Cambodia has only limited capacity to process asylum seeker claims and
is still struggling to respect and protect the rights of its own
citizens."




Even Australia has been heavily critical of Cambodia’s current human rights abuses.



A violent crackdown by security forces on striking workers and
activists in January 2014 saw at least four people killed, scores
injured and one boy left missing. Crackdowns have continued. Peaceful
assemblies by workers, land activists, human rights defenders and
opposition party supporters have been broken up or denied altogether.




After erecting barbed wire around the famous Freedom Park in Phnom
Penh, Cambodian security forces broke up peaceful May Day
demonstrations,
attacking and beating people including journalists, leaving at least five needing medical treatment for their injuries.




Australia reacted in the Senate and at the UN, expressing
condemnation of Cambodia’s "restrictions on freedom of assembly and
association, particularly recent disproportionate violence against
protesters, including detention without trial."




But Australia thinks this is a suitable new home for the refugees it refuses to protect.



Violent clash between protestors and municipal police in Freedom Park, Phnom Penh, Cambodia © Flickr / Luc ForsythViolent clash between protestors and municipal police in Freedom Park, Phnom Penh, Cambodia © Flickr / Luc Forsyth



Asylum seekers in Cambodia

Though a signatory to the Refugee Convention, Cambodia has a patchy track record when it comes to looking after asylum seekers and refugees.



In 2009, Cambodia violated the most fundamental principle of the
Refugee Convention by returning 20 ethnic Uighur asylum seekers,
including a pregnant woman and two children, to the People’s Republic of
China.
China publicly thanked Cambodia for their crime.




Complicit in cruelty

Amnesty International has been heavily critical of Australia’s asylum
seeker policies. Australia’s offshore detention centres on Nauru and
Manus Island, PNG, are places of legal limbo, where asylum seekers,
including vulnerable
adults, disabled people, pregnant women and children, languish in uncertainty
in deliberately harsh, humiliating conditions.




Take the pledge

Add your name to our Refugee Pledge if you want fair treatment for asylum seekers.

TAke Action



By considering this agreement with Australia, Cambodia risks getting
tangled up in Australia’s human rights abuses, which have received
widespread condemnation from the international community, including the
UN High Commissioner for Human Rights, Navi Pillay.




The detention centres on Nauru and Manus Island are a human rights
disaster. For Australia to then send refugees to Cambodia is like
building a third floor on a crumbling building.




Cambodia should get out while it still can.



And instead of digging itself deeper into disrepute, Australia should
be seeking humane, practical solutions to protecting asylum seekers and
refugees.







Sunday 4 May 2014

Secret blacklist of immigration lawyers

Secret blacklist of immigration lawyers

Secret blacklist of immigration lawyers

Date

Natalie O'Brien


EXCLUSIVE




"McCarthyism is alive and well ... it's in the Immigration Department.": Greg Barns.
"McCarthyism is alive and well ... it's in the Immigration Department.": Greg Barns. Photo: Jacky Ghossein







A secret blacklist of lawyers and migration agents compiled
by the Department of Immigration has been discovered, sparking outrage
about the ''vindictiveness'' of the department and calls for an
immediate inquiry.




The list of so-called ''agents of concern'' names 30 lawyers
and migration agents around the country who have been deemed to be
''high risk'' or of concern by the department, leading to greater
scrutiny of their applications for clients seeking partner visas.





Some of the lawyers and agents on the covert ''Agents of
Concern List A and List B'' have been in business for decades and more
than three-quarters of them have never had any official sanction against
them.




Documents obtained by The Sun-Herald
under freedom of information laws have revealed that Department of
Immigration officers were supposed to use the list as part of a risk
assessment of applications for partner visas, then ''destroy'' it. But a
number of copies have been unoffically released through different
sources.





One migration agent said on an industry website: ''The very
existence of such a categorisation of migration agents, for whatever
purpose, is shameful; it exposes the secretive and clandestine
activities for which the department has a reputation.''




Barrister Greg Barns, a spokesman for the Australian Lawyers
Alliance, warned the list was highly defamatory. ''McCarthyism is alive
and well in Australia and it's in the Immigration Department,'' he
said.




Mr Barns said the list questioned the professionalism and integrity of everyone on it.



''I have never heard of a government department having such a
list in existence and not telling anyone about it,'' he said. ''It
means the person who is representing a client is not getting a proper
and impartial hearing for their client.''




He said it also revealed the ''vindictive'' nature of the department.



The national president of the Migration Institute of
Australia Angela Chan said the department needed to have an open and
transparent process and, if agents were put on a list, they should have
the opportunity to respond. However, Ms Chan said the department had
admitted there was a flaw in the system and had stopped using the list.




A spokeswoman for the Immigration Minister Scott Morrison
said the list was used to assess risk and allocate cases to officers
according to levels of experience. She said it had ''no impact'' on
assessing cases.




''It simply ensures the application is assessed by an officer
at the right level and experience to provide the best outcome for the
applicant without compromising integrity.'' She said it ''currently''
contained no migration agents' details or names.




But agents spoken to by The Sun-Herald had concerns their applications might not have been treated fairly and called for an inquiry.



One lawyer, who was astounded at their inclusion on the list
and questioned the department about it, was told in an email, obtained
by The Sun-Herald, from the department's first assistant secretary Garry Fleming that ''you should never have been on such a list''.




Mr Fleming said: ''It is of concern to me that the list was
being used without appropriate oversight and control to ensure accuracy
and currency.''




He said in the same email that ''there was never any
suggestion that you lacked integrity and I apologise on behalf of the
department for any perception otherwise''.




Do you know more? n.obrien@fairfaxmedia.com.au