Maria Vamvakinou (Calwell, Australian Labor Party) Share this | Hansard source

Thank you, Mr Deputy Speaker, and I look forward to listening to the member for Fisher’s response to that in his speech to this House following immediately after mine. I think we could take very good guidance from the UNHCR because, after all, they are the body charged with overseeing the processing of refugees on a global level.

In a statement released after the announcement of this bill, the UNHCR spokesperson Jennifer Pagonis expressed concerns that this offshore processing proposal was ‘dramatic’, ‘penalises refugees’ and is tantamount to contravening the refugee convention. Her specific concerns include the issue of reintroducing indefinite detention, which is undeniably a penalty for people who are seeking refugee status; the fact that Nauru, which is the government’s favoured place for establishing its ongoing offshore processing, is not a signatory to the Geneva convention on refugees; that this bill introduces diplomatic discrimination against refugees; and the fact that refugees processed offshore would be denied access to courts of law. All of this neglects our own responsibilities as a democratic, law-abiding country under the refugee convention. Finally Ms Pagonis was emphatic that asylum seekers should be able to live in humane conditions which respect not only the basic human rights of individuals but also the importance of the family unit. I am sure there is no disagreement that this bill will not accommodate the importance of maintaining a family unit. The UNHCR has indicated that this bill is so fundamentally flawed that it will try and block its passage.

Other organisations have also indicated their strong opposition to this bill. Amnesty International has condemned this bill, stating that the law skirts our international obligations to refugees and human rights. In addition, the Senate Legal and Constitutional Legislation Committee basically unanimously canned the bill. The government has totally ignored a report from the Senate committee, which included its own members. As I mentioned earlier, by kowtowing to Indonesia this government is sweeping away all the positive changes that it introduced last year in regard to the treatment of asylum seekers. We have a responsibility to treat all asylum seekers with fairness and to uphold our humanitarian obligations. This bill does not reflect these responsibilities, and nor is there any real, serious justification for it. Surely, at the end of the day, the minister cannot expect us to accept the incongruence argument, especially not when the fallout from this legislation will result in further damage to our international reputation in the long term—and be assured that our international reputation will be damaged further. If we pursue this legislation, Australia runs the risk of being seen as a selfish country bereft of any moral conscience.

If we abrogate our moral duties, as we do with this bill, then how can we speak out and advance the cause of human rights in other parts of the world? If we shirk our responsibilities to those fleeing oppression or violence, how can we claim to speak for the persecuted and oppressed in other nations? How can we encourage other countries to get their house in order when our approach to human rights is based on convenience and spin? It is the ultimate irony that, by the government’s actions of forcing this bill through the parliament, we will simply reinforce the negative perceptions of Australia by the very people we want to build better relations with in order to secure our national security and foreign policy interests. It reinforces the perception that we are a discriminatory, compassionless, unwelcoming nation—one that is dismissive of our moral and legal obligations and weak when it comes to defending our principles.

If we want to improve our relations with our neighbours, we should draw on the strength of our multicultural community and our migrant history, confident in the knowledge that we have a cohesive, caring society based on a fair go and equal opportunity. We should base our foreign policy strategies on this resource, on winning the confidence of our neighbours by showing that we truly respect the dignity of human beings. We should aspire to being a moral power that leads by example. Historically, Australia has rightly enjoyed a reputation as a peaceful, welcoming democracy. We have had the good fortune to have developed our nationhood in relative peace, without the civil and political unrest that has so marked other nations and so plagues, sadly, our smaller neighbours. Australians enjoy freedom of speech, political democracy, the rule of law and the protection of human rights. We also enjoy a political system built on accountability and transparency.

We have built this nation with, and as, migrants and refugees from around the world, seeking peace and a new and better life. So why are we compromising this reputation by adopting a practice of censorship and disregard for human rights? That is certainly what this bill threatens to do. I am disappointed and sad to say that under Prime Minister Howard we are no longer a welcoming country. Despite what the minister says about the level of refugee intake, we do what we do out of sheer obligation—and even that we do with reluctance and resentment. The fact that this government is prepared to renounce our responsibilities is proof of the lack of respect and disregard this government has for refugees in need.

In conclusion, Labor do not support this extreme and unjust change in immigration policy and will oppose this bill. We believe it creates an unnecessary, expensive and inhumane way for Australia to administer its refugee policy. We believe it is wrong to shirk our international responsibilities and change our laws to placate another country. Governments are increasingly judged by their stand on human rights, and more than ever the world needs those countries with power and international influence to behave in a responsible way, one that values respect for human rights above all else. Instead our country is playing political games with human rights. All commentators agree that successive waves of immigrants and refugees have made Australia richer and stronger. Some of our greatest achievers were refugees. We should be welcoming these people who seek out our country because they share and aspire to our democratic ideals. We should be welcoming them, not incarcerating them and their children. Certainly we should not be ignoring our responsibilities to them. We should have confidence in our country and in our hard-earned reputation as an honest broker and an honest player. This will serve our national interest better in the long run. (Time expired)

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