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.
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