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Refugee entry in australia essay
Asylum seekers in Australia
A essay about au refugees policy
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There has been more than 2000 reports of abuse and incidents of cruelty in the offshore detention in Nauru; with more than half the victims being children. (Farrell, 2016) The offshore detention policy is an important issue due to the violation of many international immigration laws and regulations. Amnesty released in its annual report, that Australia is one of the countries that has desecrated the Human Rights policy by “forcibly returning people to countries where they would face a real risk of serious violations". (Anderson, 2016) The aim of this report is to investigate whether Australia’s mandatory offshore detention policy is cruel and inhumane or, if Australia’s harsh approach is necessary and is for the ‘greater good’.
The focus questions
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Article 7 states ‘All are equal before the law and are entitled without any discrimination to equal protection of the law’. This has been breached through Australia’s Pacific Solution, where many asylum seekers and refugees were transported to other ‘third countries’ such as Nauru or Papa New Guinea. The Howard Governments deliberate intent was to prevent them access to Australia’s legislation, and only to the third countries law. This act undergone by the Australian Government has discriminated the refugees and asylum seekers and has purposely introduced an in-equality for them under the law.
Australia’s mandatory offshore detention policy has breached Article 9 of the UNDHR. Article 9 states, ‘No one shall be subjected to arbitrary arrest, detention or exile’. This right is definitely being violated due to asylum seekers are refugees being forcibly detained in Australia’s offshore detention centres. (SafeCom, 2011)
There are so many rights that the Australian Government are choosing to ignore. These include torture, the loss of choice and freedom, discrimination and being forced into detention. The Australian Government have purposely made the Nauru detention centre a cruel place with disgusting conditions just to keep more people from entering Australian borders in search of
I, along with many other people believe that as a human we deserve Human Rights, regardless of who we are of what our background is, where we live, what we look like, what we think or what we believe in. However this is not the case. In Australia we are believed to be a multicultural community and a diverse society. Nevertheless the way Asylum Seeker and Refugees are being treated is
Australia is now facing allegations from the Human Rights Council that it has detained children and sent back refugees, in breach of international law.
Australians by not clarifying it’s stance on it’s international obligations to Indigenous Australians or reflecting it’s international rhetoric and signature on UN conventions by implementing some in domestic law. This inadequacy in the development of Indigenous Peoples Land Rights in Australia has been declared by the Working Group on Indigenous Populations in July 1997, and highlights the Australian government policy regarding Indigenous Peoples Land Rights and may be argued as a denial of justice for Indigenous People by the Australian legal system. Australia can be said to be ineffective in achieving justice for Indigenous People due to it’s failure to recognise Indigenous Australians rights to land domestically by failing the Human Rights standards contained in international initiatives to which it is a signatory.
The number of people that are detained within immigration detention in Australia changes constantly. As of 30th of November 2015, there were 1,852 people held in immigration detention facilities and 585 in community detention. 174 children were being detained in closed immigration detention facilities: 104 were being held in closed immigration detention facilities within Australia and 70 children were detained in the Regional Centre in Nauru. However, there was also 331 children in community detention in Australia. That’s over 400 children being held in detention centres. Australia’s refugee policy has no set time limit to how long a person may be held in immigration detention. The period of time in which an individual spends in detention may vary from a few
One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by
VonHofer, H. and R. Marvin. Imprisonment Today and Tomorrow: International perspectives. The Hague, The Neatherlands: Kluwer Law International, 2001. Print.
The major goal of the Australian prison at the beginning of the 20th century was the removal of lawbreakers from their activities in society (King, 2001). The Australian legal system relies on deterrence (Carl et al, 2011, p. 119), that is, a system that has two key assumptions: (i) specific punishments imposed on offenders will ‘deter’ or prevent them from committing further crimes (ii) the fear of punishment will prevent others from committing similar crimes (Carl et al, 2011, p. 119). However it is not always the case that deterrence is successful as people commit crime without concern for punishment, thinking that they will get away with the crime committed (Jacob, 2011). Economists argue that crime is a result of individuals making choices
Liberty is a fundamental human right, recognized in major human rights instruments to which Australia is a party. People who are held in detention are particularly vulnerable to violations of their human rights.
Although, asylum seekers and refugees are given a few options if they feel as though their rights are being breached, like they can apply to tribunals and courts to view their visa related decisions, they can also make a complaint to the Australian Human Rights Commission about their human rights being breached in immigration detention centres, yet they do not have control over who enters the country, the government is not obliged to comply with the recommendations that are made. Although the government has made few attempts to comply with the human rights obligations towards asylum seekers and refugees by introducing new policies and prioritising the safety of the children in these detention camps, there are currently still many breaches towards their rights that the government continues to adapt, therefore they are still constituting a breach of international law.
The conditions of Australia’s immigration detention policies have also been cause for concern for probable contraventions of Articles 7 and 10 of the ICCPR. Whilst in Sweden, asylum seekers are afforded free housing whilst their applications are being processed, Australia’s methods are much more callous. Under the Pacific Solution, maritime asylum seekers are sent to impoverished tropical islands with no monitoring by human rights organisations allowed (Hyndman and Mountz, 2008). The UNHCR criticised Australia’s offshore processing centres stating that “significant overcrowding, cramped living quarters, unhygienic conditions, little privacy and harsh tropical climate contribute to the poor conditions of… Nauru and Papua New Guinea” (Morales
As a signatory to the UN 1951 refugee convention, we have already agreed, not to return asylum seekers or to detain them indefinitely. In 2001, the Tampa incident brought disrepute to us as we failed to take the right action. Another wave of backlash irrupted when Indonesian fishing vessel codenamed SEIV X sank in northern waters. The UN is highly critical on the practice of mandatory detention over long periods. As a law abiding nation, we need to keep our citizens well informed of our obligations under UN convention so that we can collectively meet our obligations in true spirit. Once Australians realise that we are providing over 200,000 migrant visas annually and the asylum seekers would occupy less than 2% of it and irrespective of the fears mongered by politicians, almost 93% of asylum seekers who arrived by boat in the have been recognized as “genuine” refugees by Australian authorities and the popular “country shoppers” or “economic migrant” stories do not represent the reality, it is not difficult to develop a national consensus on this ongoing, unavoidable issue in an overpopulated world with a massive imbalance in resource
For years we have witnessed the Indigenous population’s political struggle for recognition of rights to Australian land. At times the effort appears to be endless and achieving recognition almost seems impossible. Native Title and Land claims have become a step closer in achieving this recognition; however, for land rights to exist in an absolute form, they cannot exist as a mere Act of Parliament but must form a fundamental part of the Australian Constitution. This seemingly gigantic task is part of the incessant political struggle that the Indigenous population will continue to face. The United Nation’s is an integral part of the political struggle between the Australian government and the Indigenous people and have on many occasions fought to raise the issue of human rights violation within the Australian constitution.
Overall Australia’s human rights record is of high-quality but is blemished by few human rights violations. Australia has freedom of speech, a corruption-free legal system, legal protection against discrimination, access to secondary education, the right to vote in elections, access to clean water, privacy protection, freedo...
Fenwick, Colin F. Human Rights Quarterly. Private use of prisoners Labor: Paradoxes of International Human Law
Globalisation has increased modern technology all over the world enabling more people, such as globally separated families, to maintain contact. Increased media coverage also draws the attention of the world to human rights violation which can lead to an improvement in human rights. This is not a reflection of all marginalised groups. In Australia, the detention of unaccompanied asylum seeking children (UASC) contravenes the United Convention on the Rights of the Child (UNCRC), however the media are prohibited to enter detention centres and report on this issue (Cemlyn and Briskman, 2003).