Tag Archives: Abbott Government

Domestic violence is torture and the UN Convention must be changed

12 Nov

On Monday night, representatives from the Australian government appeared before the UN Committee Against Torture (CAT) as part of a current review into Australia’s obligations under its treaty. In their submission, our government argued, “As a matter of international law, domestic violence does not fall within the scope of the Convention … as it is not conduct that is committed by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.”

In other words, violence against women does not constitute ‘torture’. Clementine Ford, Daily Life

Unfortunately, the Convention against Torture reads as follows:

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Domestic violence does not constitute torture according to the UN Convention, so the Australian government representatives are correct.

What is tragic is that the Australian government is not arguing for an amendment to the Convention that will include domestic violence in the definition of torture.

Given that the Minister for Women, Tony Abbott, has shown no interest at all in the horrific abuses against women in this country, I doubt there will be any initiatives from Australia along the lines of amending the Convention.

 

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Asylum Seekers: what it costs Australian governments to persecute stateless persons

12 Nov

 Asylum Seeker Three

 

The foreigner is the political precondition of the nation state… Costas Douzinas.

Australia, while remaining a signatory to the United Nations Convention relating to the status of refugees, long since gave up any pretence of observance of international human rights in favour of a nationalistic observance of state sovereign rights. State sovereignty permits governments the right to exclude persons the state deems unworthy of inclusion.

The power of the state to exclude is perhaps the fundamental state power.

Ideological, racial, economic and political factors are the criteria for deciding who is and is not included in the nation-state. As Hannah Arendt noted, statelessness is not a problem of geographical space, but of political space.

The stateless person has as their only descriptor the fact that they are human. Ironically, this strips them of their right to human rights, rights which are only available to them if they are citizens of a state. It is not enough to be human. One must also belong to a state in order to claim human rights. Arendt suggest that the only fundamental human right is the right to have rights. Asylum seekers who have a legitimate right to arrive by boat in Australia are stripped of the right to have rights once their vessel is intercepted by Australian authorities.

 

Stateless Persons UNHCR

Persons seeking asylum from persecution who attempt to access Australia by boat are singled out for exclusion, and though their method of arrival is perfectly legitimate under the Convention, they are criminalised and detained in off-shore camps. Detention camps on Nauru and Manus Island are all that is offered to de facto stateless persons, that is, refugees unable to claim the human rights afforded by citizenship. Persons detained in these camps are exempted from “normal” laws. The methods of addressing their plight are containment and repatriation, or resettlement in another country, rather than granting asylum and legal integration into the Australian nation.

This action against asylum seekers is justified as being in the “national interest,” an abstract concept in which the mystical “nation”  is prioritised over the interests of singular human beings who are dispossessed non-nationals, and therefore considered rightless.  The state is committed to protecting only legitimate members of the nation, the rights of asylum being in conflict with the rights of the state. There is in Australia no concept of offering sanctuary and refuge to those fleeing persecution who arrive by sea. Their loss of place in the world, their loss of belonging, has the effect of reducing them to physical objects, bereft of human dignity, because without rights one is not a person, one is not an agent in the public realm.

In reaction to this deliberate and systematic dehumanisation, asylum seekers held in detention camps on Manus and Nauru behave as did those held in mainland camps such Woomera and Baxter. They sew up their lips in a symbolic protest against the silencing of their voices. They harm their own bodies. They suffer depression and anxiety, and hopelessness. Their suffer the abjection of those who have ceased to belong to any state.

Asylum Seekers Two SMH photo

 

Sovereignty, like religion, is a constructed knowledge imbued with faux mysticism. The Abbott government’s “Operation Sovereign Borders” appeals to this pseudo-mysticism, offering citizens the opportunity to come together in unity, led by a concerned, fatherly government to protect our nation against the breaching of its borders by the unwanted, stateless foreigner. As Douzinas points out, there can be no nation state without the foreigner; one must have someone to protect oneself from in order to maintain the perceived power of sovereignty.

The asylum seeker is equally imbued with mysticism, of the most negative kind as the assumption is peddled that merely due to the fact of her search for asylum she is morally corrupt and corrupting. Her crime is breaching sovereign borders. She is used as a scapegoat to unite citizens and strengthen boundaries, ultimately supporting the ideology of sovereignty.

What we are doing in this country is wrong. The idea that we must treat people horrifically in order to discourage others from attempting sea journeys is morally corrupt. Action the state is legitimised to take against one group can be and will be extrapolated to other groups, when the state deems it in the national interest. When the fate of human lives is secondary to the rights of the state, we are all at risk.

Is it really in the interests of the citizens of this country that so many billions of taxpayer dollars are eaten up in the pursuit and detention of a relatively few people who arrive here by boat, in the pursuit of the maintenance of our sovereign borders? No, it isn’t. It is, however, in the political interests of both major parties. The cost to the taxpayer of pursuing these political interests is obscene, and it is rising, as this graph from The Conversation shows:

 

The Conversation

 

The major parties continue to persecute stateless persons seeking asylum and refuge, solely because of their method of arrival. Australia moves further and further away from the undertakings we made when we signed and later ratified the Refugee Convention. Human beings suffer appallingly in concentration camps, out of sight and out of mind. The matter of the future of stateless persons is a massive global problem, and one that will continue to increase. Australian governments have long thought it is a problem that they can continue to outsource to countries far less capable than are we of providing the possibility of a decent life to those who by no fault of their own, are dispossessed of the lives they once had. This cannot go on. In all conscience, it cannot go on.

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Everything is politics. Discuss.

20 Oct

In this piece on The Drum today titled “Labor misreads the politics of Ebola,” Paula Matthewson argues that the Opposition has misjudged its stance on the Abbott government’s response to the current Ebola health crisis. There was a momentary lament on Twitter about the term “the politics of Ebola” to which Matthewson responded “Everything is politics.” To which I responded “And that is the biggest problem we will ever have to face.”

Everything has a “politics” to be sure, but not everything is solely politics. Good governance, of the kind we have yet to see from the Abbott government, doesn’t reduce every situation to its politics, unless that governance is entirely dedicated to self-interest in which case it isn’t good, or even adequate. Yes, there is a political dimension to the Ebola crisis, and there is a humanitarian dimension, and an economic dimension as well. Privileging the political is of benefit to politicians and their extended entourage, but rarely does it benefit the broader community to have any issue reduced to only one of its dimensions.

This isn’t to criticise Matthewson’s piece, she’s clear about the dimension she’s focusing on. However, some of us nursed a secret hope that the Opposition’s critique of Abbott’s hardline position in refusing to supply boots on the ground in West Africa indicated its humanitarian leanings, rather than being merely the assumption of a conveniently contrary political position, but so bereft are we of trust in politicians we can’t be sure of any of their motives. Leader of the Opposition Bill Shorten delivers his set lines with all the conviction of a wombat brought down by a tranquilliser dart, and while the Prime Minister performed superbly in opposition as the world’s best bovver boy, his affectless promises to shirtfront Putin at the G20 are a bad fit with his current manifestation as our country’s leading statesman. As my grandmother liked to say, you can’t make a silk purse out of a pig’s ear, more’s the pity as the political landscape is currently littered with pigs’ ears, with barely a silk purse in sight.

It’s probably sadly true that every issue has become distilled to its politics, to the exclusion of any other consideration. So we treat asylum seekers abominably, break our necks in our urgency to become involved in distant wars, refuse to send medical personnel to assist with globally threatening diseases, and the rest, all because of political expediency. It has got to the point where to even raise humanitarian concerns will likely lead to a tsunami of mockery. Matthewson may well be right: everything is politics, and if that’s the case, that is indeed the biggest problem we’ll ever have to face.

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The Ministry of Degradation

23 Jan

Operation Soverereign BordersThe history of treatment of asylum seekers who arrive by boat in Australia is a grim one, and both major parties have employed increasing degradation as a means to control, punish, and “deter” those who seek refuge here.

Even if one accepts the false narrative created by both the LNP and ALP that asylum seekers are “illegals” who are committing a criminal act in arriving by boat, this does still not explain or justify their degradation. If boat arrivals have indeed committed a crime, why aren’t they dealt with by our legal system, as is every other person accused of a crime in this country?

In a recent poll, a majority of Australians apparently feel asylum seekers are not treated harshly enough. Obviously the major parties are responding to the electorate’s need for gratification and reassurance through the degradation of a group who are despised by many voters. This can be seen as a chicken and egg situation: politicians post Pauline Hanson realised the advantages of pleasing xenophobic punters, and have since been at great pains to adjust their policies accordingly.

No matter what views one holds on asylum seekers, demanding their increasing degradation is to take a dangerous trip to the dark side. Any government willing to instigate and maintain those degradations ought to give rise to alarm. Whether it’s boat arrivals or the degrading treatment of bike riders in Queensland, any government that opts for degradation as a means of control is a government that has truly lost its way.

The Ministry of Degradation, currently overseen by Degradation Minister Scott Morrison, has been in existence for over a decade, and both major parties bear responsibility for its increasingly despicable treatment of asylum seekers. Railing against this Ministry achieves nothing. Speeches about every individual’s right to human dignity have achieved nothing. Appeals to compassion have achieved nothing. Still politicians drag us ever further along the dark road of degradation as an acceptable means of protecting our society. It isn’t. It never will be.

The only possible course of action is to persist with the contestation of the Ministry’s narrative, with facts, reason and unrelenting determination. It is not acceptable for our country’s government to treat asylum seekers who arrive by boat in a degrading manner. If the government believes asylum seekers have broken our laws, the government must employ our legal system to seek redress, not impose arbitrary punishment in the form of  deliberately degrading practices.

I don’t expect my government to contribute to the destruction of the civilised society we struggle to create and maintain. I expect my government to lead and assist us in this project. We can do a whole lot better with our asylum seeker policies. But as long as we have a government committed to the degradation and destruction of others as demanded by the vengeful, we can’t flourish. Degradation can’t be contained. It contaminates everyone.

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