CURRENT ISSUES

Issues being considered by new Australian Government

Issues being raised by community sector | Comments by new Immigration Minister

Former Immigration Minister's comments on African refugees

The former Minister's comments and RCOA's response | What other organisations are saying | Commentary in the media |The original announcement of the 2007-08 refugee intake

Other current issues

Email campaign spreads misinformation about refugees' benefits |2008-09 Federal Budget | 2007-08 Federal Budget | Refugee Welcome Zones| Complementary protection | Views on Australia's treatment of asylum seekers and refugees

See links on left for information on Temporary Protection Visas, alternatives to detention and current refugee settlement issues.

Issues raised with the new Australian Government by the community sector

On February 28, 2008, the Refugee Council of Australia (RCOA) participated with 24 other organisations in the refugee sector's annual meeting with the Minister for Immigration and Citizenship. At this meeting, RCOA put forward 12 key policy priorities of concern to the community sector (based on RCOA's public consultations):

1. The need for Australia to be developing the capacity to accommodate a larger refugee resettlement program.

2. The need for a Humanitarian Family Reunion visa not linked to the regional quotas of the Australian Government's Humanitarian Program.

3. Giving priority to the family reunion needs of former Temporary Protection Visa holders.

4. Addressing the practical problems faced by recently-arrived humanitarian entrants, especially in housing, language learning and access to employment.

5. The impacts of government funding practices on the refugee settlement services sector, particularly the competitive tendering of the Integrated Humanitarian Settlement Strategy (IHSS) and the short-term funding of the Settlement Grants Program (SGP).

6. The need for significant reform to Australia's refugee status determination processes.

7. Abolishing Temporary Protection Visas and Temporary Humanitarian Visas.

8. Making the Community Care Pilot an ongoing program.

9. Restoring work rights to asylum seekers on Bridging Visa E affected by the 45-day rule.

10. Greater support for alternatives to detention.

11. Increase Australian funding for UNHCR.

12. Positive engagement with the region on protection issues, with regional arrangements reflecting UNHCR’s 10 Point Plan of Action.

On March 18, 19 and 20, representatives of seven organisations visited Parliament House in Canberra to brief 26 MPs and Senators and four ministerial advisers on these concerns. A two-page briefing, prepared by RCOA and A Just Australia, was distributed, giving brief background information on these 12 issues. This briefing can be accessed by clicking here.

Many of these issues are canvassed in RCOA's submission on the 2008-09 Refugee and Humanitarian Intake.

Comments by Minister for Immigration and Citizenship

On February 19, 2008, the Senate Legal and Constitutional Affairs Committee held an Estimates hearing on immigration matters. The transcript of the hearing gives some indications of the thinking of the Minister for Immigration and Citizenship, Senator Chris Evans, on a variety of policy matters. RCOA has edited the transcript of the Senate committee discussion, reorganising it into a series of topics relevant to the Refugee and Humanitarian Program. To access this document, click here.

Public condemnation of former Immigration Minister's comments on African refugees in Australia

In October 2007, the then Immigration Minister Kevin Andrews created national and international controversy with a series of media interviews in which he publicly criticised the failure of African refugees to integrate in Australia. The nature of the public criticism was unprecedented for an Immigration Minister in the 30 years of the Government's Refugee and Humanitarian Program - never had a Minister been so critical of the program for which he or she was responsible. The criticism was extraordinary because the Minister did not alter the program in any way. The 2007-08 program continues to operate in the way the Minister announced in August 2007.

Media interviews Mr Andrews gave on this issue between October 2 and 5, 2007 can be found on the National Library's Pandora Web Archive.

The Refugee Council of Australia was one of many organisations to condemn the Minister's statements. Our October 2 media release can be found here.

An open letter to all Australians and Australia's elected officials was published as an advertisement in The Australian newspaper on October 15.
The letter, signed by 68 organisations, expressed support for African communities in Australia and for humanitarian need to remain the basis for Australia's refugee program. The open letter can be viewed here.

Other organisations and individuals to condemn the Minister's comments have included (click on organisation's name for link to media release):
African Think Tank
A Just Australia
Albino Chol Thiik, Sudanese community leader, Toowoomba (Qld)
Dr Andre Renzaho, Deakin University School of Health and Social Development
Anglicare Sydney
Anti-Discrimination Board - NSW
Australian Catholic Bishops Conference
Brotherhood of St Laurence
Bishop Greg O'Kelly, Catholic Auxiliary Bishop of Adelaide
Centre for Multicultural Youth Issues
Edmund Rice Centre for Justice and Community Education
Ethnic Communities Council of Victoria
Federation of Ethnic Communities' Councils of Australia
Human Rights and Equal Opportunity Commission
Multicultural Council of Northern Territory
Multicultural Sudanese Centre, Melbourne
NSW Teachers Federation
Queensland Attorney General and Minister for Justice, Kerry Shine
Southern Sudanese and Other Marginalised Areas NSW
St Vincent de Paul Society
Uniting Church - Queensland Synod
Victorian Foundation for Survivors of Torture director Paris Aristotle

Internationally, the former Minister's comments have been widely criticised and have resulted in much negative publicity for Australia. Typical of the international non-government responses was a statement issued by the Canadian Council for Refugees:

The Canadian Council for Refugees joins refugee rights NGOs in Australia, including the Refugee Council of Australia, in denouncing the recent announcement by the Government of Australia that it will resettle fewer refugees from Africa because of a perception that some recently resettled refugees from Sudan are experiencing more difficulty than usual in integrating into Australian society. In particular, the Canadian Council for Refugees deplores the discriminatory remarks targetting the whole Sudanese community, and by implication African refugees generally. Refugees are individual persons who because of their own experiences and trauma will need varying types of assistance to meet the challenges of integration. It is the responsibility of the welcoming community to provide the conditions for successful integration, as part of its humanitarian response to the needs of refugees.

Commentary in the media

While the media coverage has been overwhelmingly critical of the past Minister's comments, African community leaders have been upset by the misleading coverage of community issues by some media outlets. The African Migrant Review Panel has lodged a complaint with the three major Australian commercial television networks about their coverage.

Below is a snapshot of some of the media commentary about the public debate: (Inclusion in this summary does not imply that RCOA agrees with the article’s content or vouches for its accuracy)

Playing out a black farce - Opinion, Jill Singer
Jill Singer describes a number of ironies in recent statements by Minister Andrews such as linking the challenges faced by Sudanese with their pre-migration experiences, yet these are the people who in 2001 were 'waiting in the queue' and who were 'those most in need'. While the previous Minister has spoken about the need to resettle more Burmese, there remain seven Burmese asylum seekers languishing on Nauru (Herald Sun, 8 October)
http://www.news.com.au/heraldsun/story/0,21985,22546019-5000117,00.html

Art of the dog whistle - Opinion, Dennis Atkins
Dennis Atkins speaks of the Minister's recent comments and those made by other politicians as blowing the 'dog whistle' - coded messaging to prompt a response by the electorate in the hope of generating fear. (The Courier Mail, 8 October)
http://www.news.com.au/couriermail/story/0,23739,22547589-953,00.html

Has the gatekeeper turned card player? - Opinion, Michelle Grattan
Michelle Grattan suggests that Minister Andrews' has created a political storm without intending to do so and that playing the 'race card' would appear too cynical for the electorate and may lose the Government more votes than it would gain. (Sydney Morning Herald, 7 October)
http://www.smh.com.au/news/opinion/has-the-gatekeeper-turned-card-dealer/2007/10/06/1191091421245.html?page=fullpage#contentSwap1

Stop blaming the victims, minister - Opinion, Tracee Hutchinson
Tracee Hutchinson speaks about the ways in which the Australian Government has treated successive groups of refugees and asylum seekers and that despite having been granted refugee status, Australia is still not willing to accept 72 Sri Lankans on Nauru. The piece also highlights the need for increased funding for services which help refugees "fit in". (The Age, 6 October)
http://www.theage.com.au/news/opinion/stop-blaming-the-victims-minister/2007/10/05/1191091364068.html?page=fullpage#contentSwap1

Immigration is not all black and white - Opinion, Terry Sweetman
Terry Sweetman speaks of successive Immigration Ministers lacking the ability to show leadership in overcoming fear and ignorance. (The Courier Mail, 7 October)
http://www.news.com.au/couriermail/story/0,23739,22540606-5007190,00.html

Refugees face political slaughter - Editorial, Tory Maguire
Tory Maquire highlights the trauma and torture experienced by many Sudanese refugees and says it is not surprising that many have difficulties adjusting when they arrive in Australia and that comments made by Kevin Andrews are playing to the lowest common denominator. (The Daily Telegraph, 8 October)
http://www.news.com.au/dailytelegraph/opinion/story/0,22049,22545453-5001031,00.html

Former Minister's drumbeat on Sudan a beat up - Editorial, The Sunday Times
This piece describes the pain caused by Minister Andrews' recent comments and that these have successfully inflamed a situation which was not serious. (The Sunday Times, 7 October)
http://www.news.com.au/perthnow/story/0,21598,22543561-5005374,00.html

Pollies play the election race card - Editorial, The Geelong Advertiser
This piece asks questions about the lack of substantive data to supportMinister Andrews' claims that Sudanese have greater challenges in settling than other groups. (The Geelong Advertiser, 6 October)
http://www.geelongadvertiser.com.au/article/2007/10/06/7588_opinion.html

Race to point finger of blame - Feature Article, Cath Hart and Samantha Maiden
Despite Amanda Vanstone's support for resettlement of refugees from Africa, and in particular from Darfur, the current Immigration Minister Kevin Andrews has sought, from his first week in office, to reduce the refugee intake from Africa. The Minister's comments also come as census data reveals that a number of key marginal electorates are home to some of the largest Sudanese communities. (The Australian, 6 October)
http://www.theaustralian.news.com.au/story/0,25197,22538228-28737,00.html

Consider our kaleidoscope - Opinion, Voula Messimeri
Voula Messimeri (Chair of the Federation of Ethnic Communities Councils of Australia) dispels some myths about multiculturalism and highlights the need for governments to harness the benefits of cultural diversity for all Australians (The Age, 8 October)
http://www.theage.com.au/news/opinion/consider-our-kaleidoscope/2007/10/07/1191695736074.html?page=fullpage#contentSwap1

Sudanese community in Australia in the media spotlight - Opinion, Deng M. Koch
This piece provides a detailed description of the situation facing Sudanese refugees and their experience of settlement in Australia. (Sudanese Tribune, 6 October)
http://www.sudantribune.com/spip.php?article24093

The rights of all refugees – Editorial, The Age
This piece speaks about the importance of accepting refugees from all areas of need and meeting our international obligations, rather than singling out a particular group or nationality. (The Age, 3 October)
http://www.theage.com.au/news/editorial/the-rights-of-all-refugees/2007/10/02/1191091111204.html

More dogwhistling – Editorial, The Australian
The piece speaks about the reasons for adjustment to the regional composition of the refugee program when it was announced in August and that, at that time, there was no suggestion of integration issues as an influencing factor in the Government’s decision making. Minister Andrews’ recent statements are unsubstantiated and may undermine public support in the refugee program. (The Australian, 4 October)
http://www.theaustralian.news.com.au/story/0,25197,22526972-16382,00.html

No Africans allowed: Has our way of life come to this? – Editorial, The Age
Reiterating UNHCR’s response that Australia’s refugee program should be based on providing protection to those most in need, not on the basis of their perceived capacity to integrate, this piece says that just as refugees make an adjustment, the Australian community and Government needs to provide compassionate space and time for successful adjustment. (The Age, 4 October)
http://www.theage.com.au/news/editorial/no-africans-allowed-has-our-way-of-life-come-to-this/2007/10/03/1191091191710.html?page=fullpage#contentSwap1

We have failed the refugees who need the most help to resettle – Opinion, Toby Hall
Toby Hall, the Chief Executive of Mission Australia highlights the challenges that many African refugees face and that despite Australia inviting refugees here to help rebuild their lives, we have failed them in many ways through poor planning, a lack of housing and gaps in service provision. (The Age, 4 October)
http://www.theage.com.au/news/opinion/we-have-failed-the-refugees-who-need-the-most-help-to-resettle/2007/10/03/1191091191953.html?page=fullpage#contentSwap1

Without prejudice, politics or parochialism – Editorial, The Age
With the opening of the 12th annual Metropolis Conference in Melbourne themed “migration, economic growth and social cohesion” recent comments by the Immigration Minister and debate within the media will be brought into sharper focus. In the recent volatile context, the conference hopes to provide some constructive points of discussion and lasting outcomes. (The Age, 9 October)
http://www.theage.com.au/news/editorial/without-prejudice-politics-or-parochialism/2007/10/08/1191695817891.html

Playing the race card – Editorial, The Mercury
In contrast to Minister Andrews’ assertion that African refugees achieve lower rates of education, the Multicultural Council of Tasmania highlights the success of 250 African refugees engaged in tertiary studies. (The Mercury, 8 October) http://www.news.com.au/mercury/story/0,22884,22548391-5006549,00.html

Fear, racism show Australia’s ugly face – Opinion, Tim Costello
World Vision CEO, Tim Costello talks about the generosity of Australians and the willingness to give everyone a ‘fair go’, but that instances over recent years such as Tampa, the Cronulla riots and recent perceptions about African refugees have diminished the positive faces of Australia and asks the question “Are we heroes or villains?” (News.com.au, 11 October)
http://www.news.com.au/story/0,23599,22566647-5007146,00.html

Call Andrews mean, not racist – Opinion, Samuel Makinda
Professor of politics and international studies at Murdoch University, WA, Samuel Makinda speaks about the freeze on African refugee numbers as unfortunate, as there are many thousands waiting in camps, but also views this as an opportunity to improve settlement services which will benefit the many refugee communities already in Australia. (The Australian, 11 October)
http://www.theaustralian.news.com.au/story/0,25197,22564242-5013480,00.html

Compassion in the value we often settle on – Opinion, Klaus Neumann
In an extract from his inaugural lecture at the State Library of Victoria, Professor Klaus Neumann (Swinburne University's Institute for Social Research) speaks of the value of “compassion” and the danger when notions of compassion are manipulated, particularly when related to public policy.
http://www.theage.com.au/news/opinion/compassion-is-the-value-we-often-settle-on/2007/10/10/1191695988158.html?page=fullpage#contentSwap1  

The original announcement of the 2007-08 Refugee and Humanitarian Program

The original announcement of regional priorities for the 2007-08 Refugee and Special Humanitarian Program was made by Mr Andrews on August 18, without much public controversy. The Minister's media release did not comment at the time on a perceived failure of Africans to integrate. The 2007-08 program will see a reduction in the intake from the African region from 50% to 30%. The intake will also draw 35% of entrants from the Middle East and 35% from the Asian region. While the total program size of 13,000 will remain the same, the shift in regional priorities reflects changes at an international level and UNHCR calls for increased humanitarian efforts to assist the growing numbers of refugees from Iraq. The increase in the Asian refugee and humanitarian intake will enable the Government to meet previous commitments to providing resettlement places to Burmese and Bhutanese refugees who have lived in refugee camps for many years.

The August announcement was condemned at the time by the African Think Tank, a Melbourne-based body established by African community leaders. The African Think Tank's response can be found here.

Email campaign spreads misinformation about benefits to refugees

The Refugee Council of Australia has called on Australians to ignore an email which continues to be circulated nationally and claims that a single refugee receives $1458 more per month than an aged pensioner. For more details, click here.

RCOA Response to 2008-09 Budget

Download RCOA's brief on Australian Government spending in the 2008-09 Budget on people who require humanitarian protection.

RCOA Response to 2007-08 Budget

Read RCOA's summary of Australian Government spending in the 2007-08 Budget on refugee related issues here.

Refugee Welcome Zone

Encourage your local Council to declare themselves a Refugee Welcome Zone. Contact Annette McKail at RCOA for more details.

Complementary Protection: The Way Ahead

For over 50 years the Refugee Convention has provided the framework for protecting people forced to flee their homelands in fear of persecution because of their race, religion, nationality, political opinion or membership of a particular social group, and who are unable to secure protection from their own government. The international community has recognised that it has a responsibility to such people and confers refugee status on those who meet the definition set out in the Refugee Convention.

When the Refugee Convention was drafted, it was intended that it would assist particular groups affected by the events in Europe during World War II. The definition in the Convention has, however, proved durable and sufficiently flexible to be able to respond to many of the geo-political changes that have taken place in the last 50 years and the validity of the Convention as a protection tool was reaffirmed by a Ministerial Meeting of States Parties in December 2001. It is important to acknowledge, however, that the Refugee Convention is not and was never intended to be a mechanism to cover all people in need of protection.

The specificity of the definition in the Refugee Convention is such that it does not extend to many people who have protection needs that are widely recognised. It does not, for example, encompass all people who, inter alia:

• stateless;
• come from a country enveloped in civil war;
• have been subject to gross violations of their human rights for non-Convention reasons;
• would face torture on return to their country;
• come from a country where the rule of law and order no longer applies.

In order to provide the necessary protection for such persons and ensure compliance with the non-refoulement obligations recognised in Customary International Law, a variety of protection mechanisms have evolved to complement the protection afforded by the Refugee Convention.

Read the paper developed by the Refugee Council, Amnesty International and the National Council of Churches of Australia, Complementary Protection: The Way Ahead, which considers how the international community responds to people in need of protection who fall outside the refugee definition and compares this to Australian practice. It then points out the deficiencies in current Australian practice and suggests a model that, if implemented, would ensure that Australian practice is fair, transparent, timely, efficient and legally defensible.

Settlement Issues

See the Refugee Council's Settlement Page for settlement issues including our most recent submission for the Minister on the Refugee and Special Humanitarian Program.

What is the international community saying about Australia's treatment of refugees and asylum seekers?

Each year, the Catholic Commission for Justice, Development and Peace produces an Australian Human Rights Register which highlights a number of human rights issues affecting refugees and asylum seekers in Australia.

See Amnesty International's 2007 World Report on Australia and other publications relevant to Australia's treatment of refugees and asylum seekers at www.amnesty.org

The US Committee for Refugees and Immigrants has also produced regular country reports on Australia, the most recent in 2006. Visit www.refugees.org.

Read the Findings of the Catholic Commission for Justice, Development & Peace's Human Rights Register (December 2003) on refugees.

Read the UN Working Group on Arbitrary Detention report into immigration detention conditions in Australia, and the related media release from the Refugee Council.

Human Rights Watch has an extensive collection of reports including "By Invitation Only" in 2002. Ohter reports include commentary on Australian legislation and policies affecting refugees and asylum seekers. Please visit http://hrw.org/doc/?t=asia&c=austra.

Review the findings from the visit to Australia by Justice P.N. Bhagwati, Special Envoy of UN High Commissioner for Human Rights which examined Australia's detention of asylum seekers, in the media release.

See the US Committee on Refugees' Report Sea Change: Australia's New Approach to Asylum Seekers, based on site visits to Australia and Indonesia or Oxfam Community/Aid Abroad's latest report on the Pacific 'Solution', Still Drifting - Australia's Pacific Solution Becomes "A Pacific Nightmare".

Read the condemnation of Australia's detention policy by the International Congress of PEN (December 2003).

Alternatives to Detention

Since the introduction of mandatory, non-reviewable detention of unauthorised asylum seekers in 1998, the policies and practices of immigration detention have drawn widespread criticism domestically and from the international community. Find out more here.