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Human rights should not take a back seat to appeasement

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Melbourne Age Editorial - June 14, 2006

Decisions about immigration policy must be made independently from concerns about our relationship with Indonesia.

Should any doubt remain about the Howard Government's mastery of the art of realpolitik, the valuing of the practical over the moral, it will be erased by events this week in Canberra. It is surely no coincidence that, as the Senate considered its response to tough new immigration legislation, Indonesia not only reinstated its ambassador – recalled in March in protest at Australia's decision to grant protection visas to 42 Papuans – but dispatched a five-person Government delegation to ensure that this country would not provide support for separatists in Papua.

The trip appears to have served its purpose. A day after Coalition senators expressed concern about the morality of the proposed legislation, Immigration Minister Amanda Vanstone met the delegation led by former Wahid government minister Dr Muhammad Hikam and assured them that Australia did not support Papua's separatist movement, although stopped short of acceding to their wishes that the visa decision be reviewed.

Senator Vanstone's defiant defence of the new laws, saying they "balanced" the priorities of meeting Australia's international obligations, protecting borders and keeping "good and stable" relations with Indonesia, is a clear demonstration of that realpolitik.

In January she pledged that her department would not be swayed by foreign policy considerations in deciding refugee claims. "Australia has always made decisions in relation to protection claims on the basis of the merit of the claim," she said. "And that has to be the case, rather than taking into account whether we'll upset one or other of Australia's friends and allies." What a difference a few months and a great deal of political leverage makes.

It is difficult to credit that the legislation under consideration can be drawn up in a country whose leader regularly expresses pride in its democratic traditions. Australia is a signatory to international human rights agreements; it long ago overturned the infamous White Australia Policy and, in the 1970s, led the world in welcoming Vietnamese "boat people", the first major influx of refugees to reach our shores.

The new law is an abomination of this tradition. It will force future asylum seekers arriving by boat to be processed offshore in places such as Nauru, in effect excising the entire Australian coastline from our migration zone.

Children will once again be detained, genuine refugees (and most who have reached our shores have been found to be genuine) will be denied the protection of the Australian legal system and successful applicants may be detained indefinitely until they are accepted by a third country.

The changes are an indication that much-vaunted moves to improve immigration practices, notably the decision last year to revoke the mandatory detention of children and to allow the release of long-term detainees into the community, were an aberration.

The criticism has been loud and clear. Opposition Leader Kim Beazley called the move to offshore processing unnecessary appeasement; Liberal senator Judith Troeth said the bill appeared to be intended to stop even genuine asylum seekers coming to Australia; and Queensland Nationals senator Barnaby Joyce said decisions about asylum should not be based on political expediency.

Despite the internal rumblings, the Prime Minister is confident the legislation will pass. John Howard seems to have paid greater attention to the Indonesian Government than to Australia's human rights obligations or the views of his own backbench. But he should not be too complacent.

Coalition politicians have previously shown an admirable commitment to human rights. They are well aware that the Universal Declaration of Human Rights accords people the right "to seek and to enjoy in other countries asylum from persecution" and does not make exceptions for political pragmatism.

As The Age has previously acknowledged, this is a sensitive issue with no easy answers. But if Australia's relationship with Indonesia has indeed matured, our northern neighbour should be able to accept this country's honouring of its international obligations on human rights.

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