|
AUSTRALIAN CATHOLIC MIGRANT AND REFUGEE OFFICE
22 March 2002
Inquiry into a certain maritime incident: the so-called 'children overboard' incident and
the 'Pacific Solution'
This submission is made on behalf of the Australian Catholic Migrant and Refugee Office
(ACMRO). It primarily addresses a concern with a possible lack of leadership and morality
on this issue without specifically addressing any particular terms of reference for the
above inquiry:
Comments generally address:
(a) the so-called 'children overboard' incident where an
Indonesian vessel was intercepted by HMAS Adelaide within Australian waters reportedly
120
nautical miles off Christmas Island, on or about 6 October 2001.
(i) the flow of information about the incident to the Federal
Government, both at the time of the incident and subsequently;
(ii) Federal Government control of, and use of, information about the
incident, including written and oral reports, photographs, videotapes and other images.
ACMRO is not so much concerned with the technical nature of the reporting of events
between the various government departments and agencies and Governmental Ministers. Rather
it is concerned with the asylum seekers who were misrepresented and denied human dignity.
For this we are truly sorry and we implore the Government to understand the significance
of these events.
Asylum seekers deserve our respect and should not be demonised. This sentiment is felt by
many Australians who have compassion for, and a willingness to help asylum seekers. The
Government should recognise this. In a liberal democratic society such as ours, those with
compassion for asylum seekers should have equal influence on public policy as do those
with little or no compassion.
It is the Government's responsibility to encourage and support its citizens to know
and understand events occurring within the world by equipping them with accurate
information and to resist the temptation to mislead them with inaccuracies and untruths.
We make this response following careful consideration and in recognition of comment and
reaction from many members of the community (including members of the Catholic community)
who are concerned about and who care for asylum seekers. We, like many Australians, seek
clarification of this event. If children were not thrown overboard, we are entitled to
know why the Government was so zealous in publicising misrepresenting photographs of the
situation. The reason why women and children were overboard must be explained to
illustrate the hopelessness of the situation and the desperation they felt. The women and
children in the photographs are entitled to be treated with respect and dignity. We urge
the Government to acknowledge this and to take the responsibility which our political
system requires for any mistakes which were made.
In summary, it is vital that the truth be established and that the claims of allegations
of children thrown overboard be explained. This approach would address the rise in racism
towards those from less acceptable cultures (ie Muslim or West Asian backgrounds) which
has been allowed to flourish since this event. The process of establishing and informing
the public of the truth would redress a divisive issue in Australia and provide much
needed moral leadership. Good governance is reflected in good policy and should not be
reliant on or be persuaded by public opinion.
(c) in respect of the agreements between the Australian Government and
the Governments of Nauru and Papua New Guinea regarding the detention within those
countries of persons intercepted while travelling to Australia, publicly known as the
'Pacific Solution':
(ii) the nature of the agreements reached,
(iii) the operation of those arrangements
We seek clarification and an explanation of the guiding principles used by the Government
in developing the 'Pacific Solution'.
The 'Pacific Solution' appears to undermine Australia's burden sharing arrangements by
calling into question Australia's commitment to providing protection as recognised in the
1951 Convention Relating to the Status of Refugees. The Convention offers protection and
associated rights for those seeking protection onshore. If we have a policy of detaining
asylum seekers and processing claims for protection visas on Pacific Islands, are we in
contravention of our responsibilities? Does the Australian public know what is going on in
these Island states? What is the processing procedure? What are the conditions of
detention? Are we treating people within the realms of the Convention?
In summary, we believe that the solution is ill named, as it fails to provide a solution
for people seeking asylum. The policy is designed to deter desperate people from seeking
asylum in Australia. It fails to address the international problem of combating people
smuggling and finding settlement for suffering people.
Human principles of dignity and respect for asylum seekers must be central in the
policy development process. The rights of the person who seeks protection in Australia
must be protected and upheld and not be disadvantaged due to the way in which they arrive
in Australia and subsequently seek our protection. In the global context Australia must
continue to be welcoming and compassionate and to uphold its commitment to a multicultural
non-discriminatory society.
Yours sincerely
Rev. John J Murphy
Director
|
