The Labor Caucus today overwhelmingly endorsed a framework for a comprehensive long-term solution to the issue of asylum seekers - a solution that is tough on border protection and compassionate.
Following my Australia Day announcement calling for the release of all children from behind the razor wire, Caucus has today endorsed a further series of significant measures:
- That the government be put back in control of the detention centres, with Australian Protective Service replacing the ACM security firm;
- Woomera should be mothballed, as recommended by the Government's own Independent Detention Centre Advisory Group (IDAG), and detainees moved to other existing facilities;
- Media access to detention centres should be permitted, with appropriate protocols; and
- The recently announced Afghani resettlement allowance be extended to Afghanis on Temporary Protection Visas and to other ethnic groups, to facilitate their return home.
Labor believes that mandatory detention is required to enable identity, security and health checking of asylum seekers. It is also required to ensure that asylum seekers, who have failed the test of being a refugee and are at a high risk of absconding, do not abscond.
Labor believes that there is not just one form of mandatory detention. Labor has already given its support to getting children out of detention. Labor will in its policy review process consider other variations to the current detention model, including the nature and duration of detention.
Labor will continue to further develop its policy on asylum seekers in accordance with the framework endorsed by today's meeting.
Report Of The Shadow Cabinet Sub-Committee
General Framework
Labor believes that Australia can have a policy approach to asylum seekers, which is both tough on border protection and compassionate.
The Howard Government is engaging in a deliberate campaign to dehumanise asylum seekers in the eyes of the Australian community and to create a climate of fear. Labor finds this approach abhorrent and will strongly contest the Government's factually inaccurate and emotionally charged claims about asylum seekers. Labor will seek to promote community understanding of the facts about asylum seekers.
Labor understands that Australians are a generous people willing to do their fair share to address the global problem of refugees through an orderly system of processing and resettlement.
Labor believes that the global problem of people smuggling needs to be dealt with globally and regionally as it has the potential to corrode the ability of nations to engage in an orderly system of resettlement of those most in need and it puts asylum seekers in real danger.
Labor believes that asylum seekers should be processed in countries of first asylum rather than using people smugglers to seek to arrive unauthorized. Labor notes that the most disadvantaged asylum seekers often have no means to move beyond countries of first asylum, and therefore any policy response should not ignore their plight.
Labor believes this requires a comprehensive long term solution involving:
- Dealing with the problem at source;
- Dealing with the problem with transit countries;
- Securing our own borders with sustainable surveillance and response;
- A better system for the processing of asylum seekers who reach Australia; and
- High-level, co-operative engagement with the UNHCR and the international community in bringing about any necessary reform of the current, global system of refugee management currently administered by the UNHCR under the 1951 Convention relating to the Status of Refugees (and its 1967 Protocol).
Tackling The Problem At Source
Aid to source countries
There are currently 23 million asylum seekers worldwide with 5.1 million of these are from Afghanistan alone. The so-called 'push' factors driving the outflow of peoples worldwide is in large part a product of radical economic under-development. Part of the long-term, durable solution to this enormous global problem lies in effective poverty eradication programs in which Australia should be taking the lead through the UN system.
Another part of the solution lies in early humanitarian intervention in vulnerable countries where gross violations of human rights occur and where human security is acute.
Labor maintains its calls for a co-ordinated international effort to provide more appropriate levels of aid and assistance to source countries. In the specific case of Afghanistan, because of the significance of Afghan asylum seekers to current arrivals in Australia, we should take a leading role in the economic reconstruction of Afghanistan. This would mean a more sizeable financial contribution, but, more importantly, a more prominent policy role to ensure that Afghanistan, as soon as possible, is sufficiently physically safe and economically viable to attract returns.
Countries of first asylum
Labor believes that one of the ways to stop unauthorized arrivals is to give asylum seekers in countries of first asylum some faith that if they stay in those countries their claims will be processed expeditiously. This requires additional resourcing to UNHCR and additional resourcing to Australia's on site immigration processing capacity.
Tackling The Problem With Transit States
Lasting solution involves transit countries
Labor believes that unless the problem is addressed both at its source and with transit countries, policies effectively to address unlawful people movements will only be band-aid, and not provide a durable solution.
Howard Government must act at forthcoming international meetings
Labor calls on the Howard Government to secure regional and global arrangements to contain people smuggling with the forthcoming Bali summit and CHOGM meetings providing immediate opportunities. The CHOGM meeting in Australia brings together countries of significant relevance to dealing with the overall problem at source and with transit states. The Bali summit, to be co-hosted by Australia and Indonesia, aims to bring all relevant source and transit states together to develop a comprehensive regional framework for dealing with this problem.
Securing Our Borders
Military Blockade
Labor calls on the Government to immediately disclose the cost of the current military blockade. We believe the blockade is unsustainable in cost terms, and a diversion of the ADF from its true mission of defending Australia.
Coast Guard
Labor continues to support the development of a purpose specific coast guard. Policy will be further developed regarding its resourcing and mission.
Processing Asylum Seekers
"Pacific Solution"
Labor believes that Australia cannot abrogate its responsibility to treat justly and compassionately those asylum seekers who turn up on our shores. Labor believes that the Howard Government's "Pacific Solution" is costly and unsustainable in the long term. Labor will make exposing its full cost and consequences a priority.
Mandatory Detention
Labor believes that mandatory detention is required to enable identity, security and health checking of asylum seekers. It is also required to ensure that asylum seekers, who have failed the test of being a refugee and are at a high risk of absconding, do not abscond.
Labor believes that there is not just one form of mandatory detention. Labor has already given its support to getting children out of detention. Labor will in its policy review process consider other variations to the current detention model (i.e. secure hostels, community release models, locating detainees in less remote areas, streaming), including the nature and duration of detention.
Expedited Processing
While we initially proposed a different solution, Labor supported the legislative amendments which limited rights of appeal so that asylum seekers processed on-shore only have an effective appeal to the Refugee Review Tribunal.
However, Labor believes processing times and consequently the length of detention remains too long. Labor will investigate the current causes of delay and whether additional resources to DIMIA would enable faster processing.
Management of Detention Centres
Labor believes that the Australian Protective Service, a public sector agency, should manage Australia's detention centres. The Government should not take any further steps in the tender process for detention centre management and have APS take over at the expiration of the contract with ACM. Labor accepts the advice of the Independent Detention Advisory Group that Woomera should be mothballed, and that there is sufficient capacity in other detention centres to enable the relocation of Woomera detainees.
Scrutiny of Detention Centres
Labor does not believe detention centres should be shrouded in secrecy. Labor supports the Independent Detention Advisory Committee having an on-going role in monitoring detention centres. Labor believes the Committee should be free to report publicly on conditions in detention centres and on detention centre policy more generally. Labor also supports the independence of medical professionals providing services to detention centers. These professionals must be able to publicly report on detention centre issues. Labor believes the media should be able to access detention centres provided a protocol is agreed about access arrangements and non-identification of individual asylum seekers.
Return arrangements
Labor believes that asylum seekers who are found not to be genuine refugees should be returned to their country of origin or a third country where they have a right to live as soon as possible, but only if it is safe to do so. To achieve this aim Labor supports the extension of the recently announced Afghani resettlement allowance to Afghans on Temporary Protection Visas and to other ethnic groups if it will facilitate a successful return.
Labor recognizes there are special and difficult issues over the return of some asylum seekers such as Iraqi nationals and will be further considering policy in this area.
Temporary Protection Holders
Labor will review the nature of the temporary protection visa and the issues associated with meeting the needs of TPV holders.
International Framework
1951 Convention
Labor notes that there is an emerging international and domestic debate as to whether the 1951 Convention and its 1967 Protocol needs to be renewed in order to meet the challenges posed by huge numbers of people being displaced across globe by persecution, war, natural disaster and endemic poverty. The role of UNHRC is also subject to debate. Labor will participate in these debates and, over time, will develop policy on these matters.
Labor believes that Australia should make maximum use of CHOGM to bring out accession to the 1951 Convention and the 1967 Protocol by Commonwealth States which are at present not parties, particularly those in our own region. Australia should also seek to bring about maximum accession by countries to the The Convention against Transnational Organised Crime and The Protocol Against the Smuggling of Migrants.
Global Approaches
Labor believes that the co-operative form of the existing global management system for handling asylum seekers is a critical foundation to any future comprehensive response to the global challenge posed by the current 23 million asylum seekers worldwide.
Labor believes that Australia should co-operate with the UNHCR in developing a comprehensive framework for handling present and prospective large-scale outflows of asylum seekers from particular states. This approach was last effectively adopted in the late 70's / 80s to handle large outflows from Indo-China. The same needs to be developed for Afghanistan and for future Afghanistan-like contingencies. The elements of this approach should include more effective formulae for global burden sharing of processing, resettlement and repatriation costs.
Future Policy Work
Need for on-going development
Labor understands this is a complex area of policy and that it will require on-going policy development in which Caucus and party members get to have a say.
Caucus Involvement
The Shadow Cabinet sub-committee will work with the Social Policy Caucus Committee and the National Security and Trade Policy Committee to further develop policy in this area.
Party Involvement
Labor Party members will be involved in the process of policy development through seminars and by forwarding ideas to the relevant Shadow Minister.
