After Nauru

In March of this year, Labor’s Minister for Immigration and Citizenship, Senator Chris Evans, confirmed that Cornelia Rau’s settlement had been finalised. The wrongfully detained Australian resident was allocated $2.6 million in compensation for her 11-month ordeal.

The resolution of this high-profile polemic for a more rigorous system comes just months after the introduction of a new government, a government that has painted itself as one with values acutely distinct from the former.

The Howard Government was maligned by several major immigration policy disasters throughout its decade in power. One of the more contentious maneuvers was the creation of the Pacific Solution as a knee-jerk to Tampa. The policy excised certain regions from the Australian Migration Zone, barring potential asylum seekers from the Australian mainland and thereby circumnavigating certain rights to claim refuge.

The Rudd Government’s closure of Nauru as a detention facility this year was heralded as the end of the Pacific Solution, but what does a Chris Evans asylum policy really entail? TheVine spoke with Graham Thom, refugee coordinator for Amnesty International (Australia), about changes that have been implemented. “Since the induction of the Rudd Government there have been some significant positives,” he said. “The closing of Nauru was probably the biggest one, and the re-settling of all the detainees from that facility on the Australian mainland on permanent visas was very important.”

However despite the closure of Nauru, there remains concern about a cloaked continuation of some aspects of the Howard Government policy. “Unfortunately the government decided not to end the policy of excision,” Thom continued. “We would have liked to have seen this government abolish that policy.”

With the $400 million Christmas Island detention facility due to open later this year, Thom explained, “We are disappointed that this current government remains committed to Christmas Island. I’m sure the expenditure is partly driving their decision to use it, but these facilities are detrimental to the wellbeing of people being detained. We have all sorts of concerns about detaining people in isolated detention centers. We have seen the damage that it causes.

“It has really shifted from a Pacific Solution to an Indian Ocean solution. The only real difference is that under the previous government people were taken to Nauru – a third country – which made their status even more precarious. At least now they’re on Australian territory, which gives them rights under the Australian Constitution.

“It’s a step in the right direction,” said Thom, “but it remains a disappointment that they are maintaining this policy, affording fewer rights to those taken to Christmas Island than to those who arrive on the mainland. We see this as a breech of Australia’s international obligations, we should be treating all refugees equally.”

The Rudd Government has been quick to defend its approach to refugees, citing a 90% in 90 days policy for processing asylum seekers and the removal of all children from detention centers. Thom considers, “Children out of detention came out of the last government, thanks to people like Bruce Baird and some of the other Liberal backbenchers, obviously supported by a Labor opposition.”

Policies to the credit of the Labor regime do include the decision to abandon Temporary Protection Visas, which often left asylum seekers separated from their families because leaving the country was tantamount to forfeiting their visa. Thom also explained Amnesty is pleased with the removal of xenophobic overtones in intimations made by the previous Immigration Minister Kevin Andrews on the offshore refugee program. “Andrews made comments about African refugees and their ability to integrate, really divisive comments about putting a freeze on granting asylum to Africans which had never been seen before in terms of the offshore program.
“The Rudd Government has stepped away from those comments and has said that there will be a non-discriminatory refugee program based on consultation with UNHCR. Those of greatest need will be included, regardless of race, religion or country of origin.”

The new government has in fact committed to expanding Australia’s obligation to receive refugees from foreign shores.

Whilst some might see the Cornelia Rau case as an emblem of hypocrisy: an outcry against the evils of detention when applied to a rightful resident but against a continuation of the policy, Thom considers that the case did highlight plight of detainees, particularly those suffering from mental illness. “I think a lot of reforms came out of it,” he said. “The Palmer Inquiry was very telling in terms of the way that people are treated within detention and we saw some changes.

“One of the important reforms that came out of that was the role of the Commonwealth Ombudsman in reviewing detention and long-term detainees. That has been very significant – transparency and accountability – which had been missing for a number of years.”

Amnesty still has a number of concerns about the way people are treated in detention. As Thom put simply, “Really it is long-term detention in and of itself that causes the damage.”

By Rachael Bolton

Picture: Jacky Ghossein

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