Tag Archives: Malaysia

Gillard continues to pretend that the UN matters

10 Jun

It should be obvious to everyone by now that  being a signatory to a United Nations convention doesn’t mean anything in real terms.

Unless the UN is about to start hauling recalcitrant signatory countries before an international court, the conventions aren’t worth the paper they’re written on.

Especially in a country that doesn’t have a bill of rights in the first place.

As proof of this, since 2002 the UNHCR has been castigating Australia about our treatment of asylum seekers. That’s ten years of being publicly reprimanded for our disregard of the Refugee Convention, and the Convention on the Rights of the Child. We breached these conventions ostensibly in the interests of protecting our totally unthreatened sovereignty. In reality it was done in the interests of self serving careerist, and immoral politicians.

Have we taken any notice? Have we been shamed? Who is there among us that really gives a stuff what the UN thinks of us?

John Howard started it by complaining that UN committees critical of his government’s stand on indigenous affairs and refugees were unfairly treating democratically elected governments. Howard didn’t acknowledge that the purpose of the UN was to look out for democratic governments that are also disregarding of human rights, as if such institutions couldn’t possibly exist:

Those who had argued before the UN that mandatory sentencing laws or native-title legislation were racially based were wrong, and it was absurd to let a foreign group decide such issues from afar. ‘ I mean, can’t these things be resolved by Australians in Australia and not us having to dance attendance on the views of committees that are a long way from Australia,’ Mr Howard said.

Things have gone down hill from there.

In a breathtaking act of hypocrisy, the Gillard government now expects us to believe that the UN has some control over Malaysia. Although the Gillard government continues to ignore the UN’s complaints about our treatment of asylum seekers, she simultaneously seeks its support to sell her Malaysian solution.

You can’t have it both ways. If you don’t give a damn about the UN’s opinions on our breaches of the conventions, you can’t then claim that their approval of the Malaysian solution carries any weight at all, let alone makes such an agreement safe and sound.

The UN conventions mean nothing. They are entirely dependent on signatory countries implementing the undertakings. Nobody really gives a stuff about a bad report from a body that has no legs and teeth. This is a post UN world. Catch up, Gillard. We see right through your spin.

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4000 Refugees from Malaysia – how will ASIO cope?

9 Jun

Does anybody know where the Gillard government plans to put  4,000 refugees when they arrive from Malaysia?

Presumably they’ll be subjected to the same ASIO security checks as are the other people already granted refugee status in Australia. Even after achieving this status, refugees continue to be held in mandatory detention until the ASIO checks are complete.

Does this mean we’ll need detention facilities for 4,000 more while their security status is established? How long will this take?

How will ASIO, already apparently already coping with a backlog, handle an influx of 4000 refugees needing security scrutiny before they are allowed to start their lives in the community?

There are already some 1000 genuine refugees being held in detention, some for up to 12 months, awaiting ASIO clearance. Chris Bowen has vowed not to compromise our security systems.

Will the Gillard government change the rules for the arrivals from Malaysia, and allow them into the community while their security checks are conducted? How would that move contribute to the discontent of all those refugees who are already detained behind the razor wire? Will she let them out? Who will care for the unaccompanied minors we send to Malaysia? Are the feminists still happy with our first female Prime Minister?

Oh, what interesting times in which we live!

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The vulnerability of children

7 Jun

Come forward to childhood, and do not despise it because it is small and it is little

As American philosopher and academic Judith Butler puts it in her book, Precarious Life: the Powers of Mourning and Violence, the condition of childhood is “a condition of being laid bare from the start.” In childhood, she continues, we inhabit “the condition of primary vulnerability…a primary helplessness and need, one to which any society must attend.”

The face of the child makes a powerful moral claim on us, none more so than the face of the suffering child. Children have no capacity to represent themselves. If we are unable to represent ourselves, as children or in adulthood, we “run a greater risk of being treated as less than human” Butler observes.

Vulnerability is an inescapable fact of existence, particularly in childhood, and a child alone, without country, home, family and protectors, is in a state of extreme vulnerability. That vulnerability can be respected, exploited, or denied by adults. In situations where it is exploited and/or denied the child is radically objectified, and constructed as less than human.

 The child seeking asylum is a child who is stateless and without rights. As Hannah Arendt observed, rightlessness follows from statelessness. Our human rights are dependent upon being part of a community that enacts these rights on our behalf, and offers a framework in which these rights can be realised. Refugee children have lost their place in the world: they do not belong to a political community from which they are able to claim the right to human rights. UN Conventions such as The Rights of the Child supposedly offer avenues for the protection of such children. But for these to have any meaning, signatory countries must be trustworthy enough to abide by our undertakings.

When signatory countries like Australia do not honour the rights the Conventions bestow on a stateless child, when we disregard our serious obligations, refugee children remain stateless, rightless, lost and utterly vulnerable.

As long as we do not grant the child’s dignity and sovereignty by honouring our commitment to the Convention, we continue to perceive and treat refugee children as objects.

We are defined by where we belong, who cares about us, and our fundamental rights as human beings. The profound sense of violation reported by survivors of childhood abuse is often described as soul damage. Perhaps it’s also realistic to think of that profound damage as the destruction and or denial of the rights that help to construct us as human, in the eyes of others, and of ourselves.

As survivors will agree, the journey back from that rightless position to the point where one can come to believe that one has even the right to have rights, is a journey of hardship, and struggle. Many do not make it through. In sending unaccompanied refugee children to a country that does not honour the UN Convention on the Rights of the Child we are condemning them to a rightless life, and denying them an opportunity that could be provided in this country for healing, and a productive adulthood.

Yesterday I heard a talking head comment that if the government allows any children to stay here, rather than send all of them to Malaysia, people smugglers will seize this opportunity to load their boats with children. Yes, that’s probably true. But, he went on, if there should be another Christmas Island tragedy, and a boatload of children are drowned, this will be a political catastrophe. Can’t argue with that.

But what struck me about his observations was that it’s perfectly acceptable in Australian public discourse for anything to do with unaccompanied child asylum seekers, or adults, to be framed in purely political terms. Not in human terms, involving compassion, understanding, desire to assist, responsibility or even concern for the welfare of kids. The only thing that counts is how events affect politicians and their party’s future.

We need no more proof that Australian politicians, echoing the sentiments of many in their electorates, do not see refugee children as human beings. They are objects, to be palmed off to another country as quickly as possible in an effort to minimize political fall out.

The moral dilemma any politicians with integrity face is that to demand that these children be treated as human as the rest of us means going against the tide, and possibly losing their jobs. There’s no room for respecting refugee children’s humanity, human rights, and human vulnerability, in Australia today. Our society is not one that, as Butler puts it, will attend to the child’s primary helplessness and need.

Better to be a cow.

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Gillard’s choice: which kids will she send to the camps?

6 Jun

The Gillard government’s deal with Malaysia on asylum seekers has taken yet another turn. Immigration Minister Chris Bowen has now conceded that he will decide whether or not to send unaccompanied children to the camps on a “case by case” basis.

Just what will be the criteria for these choices? How will the Minister assess which of the unaccompanied children (in his legal care as their guardian) he will send to the Malaysian camps?

Does Bowen have a conflict of interest in this situation? As the children’s guardian, should he not be putting their welfare before his duty to Gillard? Isn’t the well being of these children his first responsibility? How would we deal with any other legal guardian who subjected their charges to unacceptable risks?

In these camps unaccompanied children are at risk of physical, sexual, psychological, and emotional abuse; exploitation, inadequate nutrition, and loss of the childhood to which the UNHCR Convention claims all children are entitled.

What are the criteria the Gillard government will use to judge which unaccompanied child is “suitable” to be subjected to the perils and abuses of a Malaysian camp, and which unaccompanied child is not?

If we are to observe the Convention on the Rights of the Child, to which we are, as usual, signatory, we cannot send any unaccompanied child to Malaysia.

And the Minister’s suitability to continue as guardian to unaccompanied refugee children needs to be urgently addressed.

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Chris Bowen outdoes Philip Ruddock: who would have thought?

3 Jun

The opposition is quite within its rights to call for marching in the streets as a reaction to the Gillard government’s deal in progress with Malaysia to send boat arrivals to camps in that country.

What we know, however, is that the opposition doesn’t give anymore of a stuff about the well-being of boat arrivals than does the government. It’s just an opportunity to score points. The calls for demonstrations against the Malaysia plans are hollow and hypocritical. I can’t imagine why any one of the opposition would think the punters actually believe they care, except perhaps those who’ve forgotten the children overboard saga, and Woomera, and the sinking of the Siev X.

I’m not sure how much more sickening this whole thing can get. The human capacity for vile behaviour never ceases to amaze me, and that’s probably more a comment on my inability to to acknowledge that the triumph of hope over experience is far more common than the other way round.

What has to be accepted, it seems, is the reality that fear and xenophobia are setting the political agenda in this country. Emotion and irrationality have won the day.

Emotion and irrationality are never a good foundation for deciding anything. Yet the whole asylum seeker debate is driven and dominated by nothing more substantial than the xenophobic emotions of focus groups. People who’ve never seen an asylum seeker  and likely never will, are in charge of making refugee policy.

When they’ve managed to stop the boats, these people will begin to notice that their lives are no better for it. It wasn’t the asylum seekers that were causing their misery after all. Their misery comes from the inside, and nothing is going to make it go away.

Focus Groups

The policies of both major parties are held hostage by a demographic that lift its leg and pisses on the UN Conventions to which we are signatory. This demographic doesn’t give  a flying f**ck about Australia as part of a global community, and the responsibilities that come with that. They have no awareness of the origins of white settlement in this country and could care less, or of how our presence here counts for less than a nanosecond in deep time. They just don’t want boat people here. They just don’t like them.

It would have been quite something to have a government that was capable of standing up to these bullies,  instead taking a principled stand on boat arrivals in keeping with the Conventions to which we are signatories, and our domestic laws. But that ship has long since sailed.

It remains to be seen how much Chris Bowen will capitulate to Malaysian demands. We are quite likely already the laughing stock in our region. Our neighbours must be enjoying having us by the short and curlies. Rudd’s farcical “solution” with Indonesia and the Oceanic Viking. Gillard’s premature announcement of her plans for a detention centre in East Timor. Nauru just begging us to come back. And now, Malaysia having us dance to their tune. If we aren’t ashamed of the government’s treatment of asylum seekers, we ought to be cringing at how demeaned we are by our humiliating begging for someone, anyone (except Nauru) to make this all go away.

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Gillard’s gamble, and the Glenn Gould Prize

30 May

The Gillard government’s decision to negotiate a one-off deal with Malaysia to trade the next 800 asylum seekers to arrive in boats for 4,000 refugees currently languishing in camps in that country, may or may not lead to a decrease in boat arrivals in Australia. It’s a gamble. If it pays off the rewards are a de-fanged opposition, and the cauterization of a decade old abscess that’s poisoned our political process to its core.

If it doesn’t pay off and boats continue to arrive, will Gillard attempt another negotiation with the Malaysians who may well up the ante, say from ten to one instead of the current five to one?

Or since East Timor gave her the flick will she use more taxpayers millions to persuade PNG or the Solomons to make it all go away?

The plan is that word will get around to potential boat arrivals that they’ll be sent to Malaysia, and this will be enough to persuade them not to undertake the journey in the first place. The deal with Malaysia has not yet come into effect, and the estimated 100 asylum seekers, including children, who’ve arrived since the announcement of the arrangement in progress are being held in detention, awaiting transfer to Malaysia.

Even if asylum seekers continue to take their chances the opposition are seriously de-fanged, as Gillard goes a step further than even they contemplated in the efforts to rid us of responsibility for those who arrive by boat.

They can now seize the high moral ground with the argument that they didn’t send anybody to be caned and mistreated in a third country.

Those who arrive by plane, on the other hand, will continue to do that without fear of being despatched to a Malaysian camp where they can expect to be flogged, fed pig swill, sent to the back of the queue, and otherwise abused.

What is immediately apparent is the government’s complete inability to maintain a credible position on boat arrivals. Not so long ago, Gillard steadfastly refused any possibility of re-opening Nauru, because that country is not a signatory to the UN Refugee Convention. Well, neither is Malaysia.

The government also seems to be labouring under the illusion that Australia can somehow exert control over the treatment of asylum seekers we send to the Malaysian camps. This is what’s known as magical thinking if they really believe it, or cynical expediency if they don’t. It’s difficult to see how even the Malaysian government can protect a handful of asylum seekers among some 90,000 from being badly treated. Are they building special quarters with kinder guards?

As former Human Rights Commissioner  Sev Ozdowski points out, re-opening Nauru is preferable to dispatching boat arrivals to Malaysia. At least we control the conditions in Nauru. On the other hand we also have to pay for that privilege. Once asylum seekers are in Malaysia, our financial obligations are at an end.

We do assume financial responsibility for the well being of the potential 4,000 refugees, the majority of whom are thought to be Burmese, for as long as they need us to do that.

The estimated cost of this  trade in displaced humanity is some $300 million over the next 4 years.

A commenter at Club Troppo made this observation on the post “In Praise of Gillard’s Malaysia solution:”

As for Burmese refugees, I welcome them. I think they are Burmese minority peoples like Shan people, persecuted by the Burmese military. As far as I know, the Burmese are Buddhist worshipping, peace loving people, and won’t hate other religions, or commit terrorist bombings killing innocent people.

Of course, boat arrivals are all Muslim terrorists, aren’t they?

The other matter that has been apparent for some time, especially internationally, is Australia’s adolescent unwillingness to accept responsibility for our own problems. Those who arrive by boat are doing nothing more than responding to our open invitation, which we continue to extend as long as we are signatories to the UN Refugee Convention. We are responsible for continuing to issue that open invitation, and for hospitably dealing with those who accept it.

Instead, like irresponsible teenagers, we bitch and moan that we don’t want those guests, we only want the other guests, so somebody else has to take those guests off our hands and give us the ones we want. The nice Buddhists not the nasty Muslims, that is.

Anybody who thinks this tacky and likely racist manipulation has anything at all to do with preventing loss of life by discouraging boat arrivals is, as they say, dreamin’.

As long as we continue to issue an open invitation, we can’t simultaneously complain about mythical queues being jumped, not if we want any credibility in the grown up world.

But I don’t think Gillard is all that interested in being a grown up, or in leading our country into adult land. After all, it’s adolescents who swan around angsting over whether or not they’re being the “real” me. It’s the immature who’ll go to any lengths and pay any disproportionate price to avoid acknowledging, and then accepting full responsibility for their actions.

The reality that we won’t process those who arrive by boat but will send them to a third, non-signatory country makes our open invitation morally foul. This is the real abscess we urgently need to cauterize. This is the abscess that will keep on poisoning us long after the last asylum seeker’s been settled in a Malaysian camp. We are not true to our word. We’re making promises we don’t keep. Or as the man cautions:

Through the days of shame that are coming 
Through the nights of wild distress 
Though your promise count for nothing 
You must keep it nonetheless…

(L Cohen, Heart With No Companion)

Leonard Cohen was in April awarded the Ninth Glenn Gould Prize for enriching the human condition through the arts, so he knows what he’s on about. Gillard is notoriously uninterested the arts, and quite likely has no idea that they can have any influence on the human condition. And what’s the human condition,anyway and do boat arrivals have one?  Does enriching the human condition through the arts count as hard work?

Maybe Gillard should give Leonard a whirl. At least she doesn’t have any grounds to complain about his voice.

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