The ALP is to oppose the Howard government's regulations to excise thousands of islands from the Australian migration zone. Following a briefing by government officials, The Opposition Leader, Simon Crean, has announced that Labor will join with the Australian Democrats and the Australian Greens to defeat the passage of the regulations in the Senate. Their combined numbers are enough to ensure defeat.
This is the text of the statement released by the Minister for Immigration, Philip Ruddock, announcing new regulations 'to fight people smugglers':
New Regulations To Fight People Smugglers
Jun 7 - The Minister for Immigration and Multicultural and Indigenous Affairs, Philip Ruddock, announced today that the Government has made new regulations to fight people smugglers.
Mr Ruddock said the regulations extend the area of excised offshore places from the migration zone and will cover islands off the north west of Western Australia, islands off the Northern Territory and islands off far north Queensland (essentially the islands of the Torres Strait) as well as the Coral Sea Island Territories.
This announcement follows legislation introduced by the Government last year to excise Cocos (Keeling) Island, Christmas Island, Ashmore Reef and Cartier Reef from Australia’s migration zone.
The Minister said this will prevent unauthorised arrivals who may land on these excised islands from applying for a visa.
"It is clear that strategies proposed by the Government and passed by Parliament in September last year have had a significant impact on stopping people smugglers bringing unauthorised boat arrivals to Australia," Mr Ruddock said.
"However the Government has been aware that despite the success to date of this earlier legislation, smugglers might be thinking of trying to bring unauthorised arrivals through areas of Northern Australia not excised to date."
Mr Ruddock said experience had shown boats had primarily arrived in the north of Australia. Consequently the following additional locations have been prescribed as 'excised offshore places':
- the Coral Sea Islands Territory,
- all islands in the far north of Queensland (north of latitude 120 south) - essentially The Torres Strait islands,
- all islands forming part of the territory of The Northern Territory,
- all Western Australia islands situated north of latitude 230 south.
"The inclusion of these islands to be excised from the migration zone only affects unauthorised arrivals. Australian citizens and others with lawful authority under the Migration Act to be in Australia continue to be able to move about freely in these areas and make any applications permitted by that Act.
"The provisions in the Migration Act allowing inhabitants of the Protected Zone (established by the Torres Strait Treaty) to move about freely to perform their traditional activities will continue to apply. Therefore traditional inhabitants of the Torres Strait will not be affected by the inclusion of the new excised offshore places.
"As with unauthorised arrivals at other excised places in the past, Australia will continue to meet its obligations under the Refugee Convention to any people arriving at the new excised places."
This is the text of statements issued by the leader of the Australian Greens, Senator Bob Brown:
Mr Ruddock's Inhumanity Worse than Hanson
Jun 7 - The Federal Immigration Minister's decision to exclude vast parts of Australia from the migration zone goes further than even Pauline Hanson proposed, Greens Senator Bob Brown said today.
"Its official: Australia's got Hanson's disease: Pieces being lopped off serially," Senator Brown said.
"Pauline Hanson wanted Christmas Island and Ashmore Reef excluded from the migration zone and the Howard Government complied but Mr Ruddock's new move represents a previously unimaginable divisions of Australia.
"What next? - the excision of Darwin or Cairns or Tasmania.
"I will be moving in the Senate to disallow these new excisions. I hope Labor and the Democrats will back the Greens move thereby preventing Mr Ruddock's actions.
"The Government's actions are going to bring more world wide condemnation of Australia.
"Australia is being divided both territorially and politically by this Government's inhumanity to asylum seekers," Senator Brown said.
Government in Breach of Refugee Convention Over Island Excisions
Jun 10 - Greens Senator Bob Brown says the Government is breaching the United Nations Refugee Convention by excluding vast areas of northern Australia from the migration zone.
On Friday Senator Brown announced he would move to disallow in the Senate next Monday the Government's move to excise all of Australia's northern islands from the migration zone.
"It is a fundamental principle of international law that countries that are signatories to conventions must uphold them throughout their borders," Senator Brown said.
"Article 16 of the Refugee Convention also grantees access to courts in the host country. The Convention states 'that a refugee shall have free access to the courts of law on the territory of all Contracting States.' and 'that a refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance'.
"Previous attempts by the Government to rely upon article 31 of the Refugee Convention have been shown to be unsound as the Government's legislation effectively discriminates against people depending upon their mode of arrival. This is not allowed under article 31.
"The Opposition has to decide whether it will continue to aide the Government in undermining international law.
"If the Senate doesn't stand firm against Mr Howard and Mr Ruddock, excisions of parts of mainland Australia will be next'," Senator Brown said.
This is the text of a statement released by the Australian Democrats spokesperson for Immigration, Senator Andrew Bartlett:
Pacific Nightmare
Jun 10 - The Australian Democrats have warned that the latest attempts by the Federal Government to recreate the atmosphere of last September by painting a picture of Australia under siege by floods of refugees, was in reality an attempt to break away from the Refugee Convention.
Australian Democrats Spokesperson for Immigration, Senator Andrew Bartlett said, "There is no difference between the Torres Strait and Cape York; they are both part of Queensland."
"The next logical step for the Government will be to introduce legislation, which makes it impossible for all asylum seekers to apply for a protection visa onshore," said Senator Bartlett.
"So, the next move that we suspect the Government might make will mean we not only breach the Convention, but will be out of it all together.
"This approach is an abdication of responsibility. It is imposing our responsibilities on to poorer countries - no wonder the Nauru Government is upset.
"Instead of finding a solution for desperate people in need of sanctuary the Government has placed the refugees and their hosts in an endless holding pattern.
"There can be no better proof that the Pacific solution is not working than the story that there is another boatload of refugees preparing to leave Indonesia.
"If the Government had been serious about preventing people travelling on boats to Australia it would have put in a comprehensive program to take people who have been assessed by UNHCR and are waiting in Indonesia for a long-term resolution to their plight.
"There is no doubt this a turning point for the ALP. These excisions from the Migration zone are only a short step to the final solution. The ALP should resist the pressure of stories of asylum seekers coming in floods; they must not allow the Government to implement a system that prevents asylum seekers from applying for protection whilst in Australia.
"If this is allowed to continue we will be the proud owner of island camps for refugees that are reminiscent of the camps in Hong Kong and Thai border where people spent decades of their lives living in ghetto like conditions," concluded Senator Bartlett.
This is the text of a media release issued by the Leader of the Opposition, Simon Crean:
Further Excision Of Australian Territory
Jun 14 - A week after the Government's unilateral decision to excise over 3,000 islands from Australia's migration zone, I have today finally received a comprehensive briefing on the reasons behind last Friday's announcement.
This briefing has shown me what a magnificent job Defence, The Australian Federal Police and other associated agencies are doing in fighting people smuggling operations and protecting our nation's borders.
It is clear the Government's hand against people smugglers would be greatly strengthened if it could get more effective international co-operation.
However, nothing I have heard at that briefing has dissuaded me from my initial view that the excision will do nothing to protect our borders, and could in fact achieve the exact opposite.
The agencies represented on the People Smuggling Task Force were unable to explain why this further excision would act as an effective deterrent to people smugglers.
They were also unable to give any assurance that the excision would not simply encourage people smugglers to head for the mainland, nor why the Government announced its decision late on a Friday before a holiday long weekend, without consultation.
Accordingly, I will be recommending to both Shadow Cabinet and Caucus next week that Labor votes in the Senate to disallow this further excision.
Labor stands ready to work with the Government to secure a comprehensive and lasting solution to the problem of people smuggling through effective border protection, stronger international co-ordination and closer co-operation with UN agencies and regional governments.
