The links below are to articles reporting on persecution news from Germany.
A writ of summons was registered in Australia’s High Court on Wednesday on behalf of 859 detainees at the Manus Island detention centre. This is a class action initiated against Australia, Papua New Guinea, the two countries’ immigration ministers, PNG’s attorney-general and the companies that administer the centre.
The detainees want the High Court to use its original jurisdiction in judicial review of their transfer to and detention on Manus Island. They seek an injunction to prevent their removal to Nauru or elsewhere until the court hears the matter.
This action follows the PNG Supreme Court finding that the detention on Manus Island is unconstitutional. The PNG Constitution contains a Charter of Rights that strictly limits the circumstances under which people may be deprived of liberty.
As Australia forcibly transferred the detainees, they were not responsible for their own unlawful entry to PNG. Therefore, no constitutional exception could permit their legal detention.
Following the Supreme Court decision, PNG Prime Minister Peter O’Neill announced the Manus Island centre would close. He asked Australia to “make alternative arrangements for the asylum seekers”.
O’Neill’s Australian counterpart, Malcolm Turnbull, said Australia would not accept the detainees. Australia’s immigration minister, Peter Dutton, described them as PNG’s responsibility.
Basis for the claim
The detainees argue their detention is illegal on international, constitutional, administrative and civil law grounds. They are asking the High Court to declare that their detention constitutes:
forcible deportation, due to their expulsion from Australia and transfer to Manus Island, contrary to international law;
torture (an international crime that can never be excused), inhumane and degrading treatment;
rape and other crimes of sexual violence;
denial of fundamental human rights, particularly a fair hearing and legal representation;
murder (notably the violent killing of Reza Barati in February 2014), grievous bodily harm, assault and robbery; and
unlawful death, false imprisonment, trespass and negligence.
What are the detainees seeking?
The detainees request relief via the ancient writ of habeas corpus. They want to be brought before the High Court so its judges can determine whether their detention is legal.
The detainees hope the court will then issue a writ of mandamus. This would order the government to bring them to Australia to process their refugee claims.
Finally, the detainees seek a writ of prohibition, to prevent their transfer to any other place until the case has been decided and their claims assessed.
The detainees are seeking damages and costs. They may also take action in PNG for compensation. A PNG legal representative of many detainees estimates that up to A$1 billion could be owed.
This action echoes earlier high-profile claims, like the Tampa case. In such cases, human rights lawyers seek to vindicate the rights of asylum seekers who lack access to Australian courts due to their forcible offshore detention.
The High Court will hear the application on May 23.
Australia’s human rights problem
The refugees would not face the same level of risk were they to be resettled in Australia. Yet PNG law has offered more substantial rights protection to them than Australian law.
The stark contrast between Australian and PNG law is in the relative degree of formal protection for human rights. Whereas PNG has a Charter of Rights enshrined in its Constitution, Australia lacks constitutional protection. Its government has rejected legislative protection for human rights.
Though Australia professes deep commitment to human rights standards in its foreign relations, it refrains from entrenching these international norms domestically. This position reflects a cultural attitude that the Australian “fair go” is sufficient protection against the excessive use of government power.
The experiences of Indigenous peoples in Australia before the law put the lie to this belief. And if adequate human rights protections are not the universal experience of people in Australia, what hope for asylum seekers who lack access to Australian courts and are demonised in public discourse?
Hope for success
The most recent High Court action challenging Australia’s offshore detention arrangements in Nauru failed. The court found the government was acting in accordance with its constitutional and legislative powers.
However, the majority of judges did regard Australia as bearing at least some responsibility for the detention of asylum seekers in Nauru. This may undermine the government’s argument that detainees on Manus Island are PNG’s sole responsibility.
This new action’s distinguishing feature is a request that the High Court use its universal jurisdiction for the first time. The detainees argue that Australia has no legal power to forcibly deport and arbitrarily and indefinitely detain asylum seekers in torturous, inhuman or degrading conditions without legal rights.
If the claim succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.
Amy Maguire thanks Jay Williams, barrister-at-law of Frederick Jordan Chambers, for providing the original writ of summons used to initiate this action in the High Court.
It is hard to credit that two asylum seekers in Nauru could set themselves alight on Australia’s watch and the stories receive, compared to much else, so little attention in our hyper media cycle.
One would think the death of an Iranian man last week and the self-immolation of a Somali woman would be huge news, putting a great deal of pressure on the government as we move towards the election to outline an exit plan for Nauru.
But in the campaign the future of those on Nauru will be something neither side will be anxious to talk about.
Manus Island hit the headlines recently when the Papua New Guinea government announced, following a judgment of its Supreme Court, that the centre there will close.
Australian and PNG officials are now in negotiations that Australia hopes will find a way to keep the centre going. In a Tuesday statement the two governments said they’d continue “to work together on a road map”, meeting “regularly in the coming weeks”, which suggests the matter is being pushed safely beyond the election.
The government and the opposition are bipartisan on offshore processing. When it arises, the issue plays in favour of the Coalition, but it is not one Malcolm Turnbull seems naturally comfortably with. For political reasons Labor obviously tries to avoid it. That means the government isn’t being held to serious account – despite efforts by the Greens – in the way it is on much more minor matters.
In her valedictory speech on Wednesday, Labor MP Melissa Parke described the present system as “a festering wound that is killing off people and eroding our national character and respect”. Some in Labor are deeply unhappy and a few have been recently vocal about the ALP’s approach, but most don’t want the boat rocked.
As for the Liberals, those who used to speak up for asylum seekers have either left the parliament or gone quiet.
Amid his Wednesday media round of budget questions Turnbull was asked whether he ever thought he’d be defending keeping people in a position where they were so desperate they were killing themselves.
Turnbull sympathised with “the mental anguish that many of them are in … we grieve for them”, before swinging into the mantra that to keep our borders secure, people who sought to come to Australia by boat couldn’t be allowed to settle here.
Pressed on their future, Turnbull said the people on Nauru could move around there (it is an open centre); those on Manus judged to be refugees could settle there. There were also third-country options, while non-refugees were being encouraged to go home.
There was a hint of blame, when he suggested many had been led to believe they could end up being admitted to Australia.
Immigration Minister Peter Dutton has taken up a shovel to lay blame, bluntly heaping it on the activity of advocates. In a Tuesday statement on the Somali woman, Dutton said it was “of grave concern” she would “resort to such an extreme act of self-harm”.
“I have previously expressed my frustration and anger at advocates and others who are in contact with those in regional processing centres and who are encouraging them to engage in behaviours they believe will pressure the government to bring them to Australia. These behaviours have intensified in recent times, and as we see, have now turned to extreme acts with terrible consequences.
“Advocates and others who proclaim to represent and support the interests of refugees and asylum seekers must hear a clear message that their activities and these behaviours must end.”
In parliament on Wednesday, the Greens’ Adam Bandt challenged Dutton with a highly provocative question. “Aren’t you just showing pure cowardice by blaming the advocates helping the vulnerable, instead of accepting responsibility for your actions?” Bandt asked, then added: “Can’t we do better than this Labor-Liberal policy of not drowning, but burning?”
It was Manager of Opposition Business Tony Burke who jumped up to declare this was deeply offensive to all MPs. Bandt had to withdraw his “burning” line.
Dutton’s allegation must be deeply offensive to many advocates. More to the point, it is a cop-out – responsibility for what has become, in academic jargon, one of those “wicked problems” has to lie with the government.
Desperation and apparently extensive mental health problems mean the situation on Nauru is only likely to get worse. Having people there indefinitely is not a viable proposition. A workable strategy is needed, which also keeps the Australian border secure.
One of the debates of the coming campaign should be the search for practical answers. But it is a debate the government and opposition are not prepared to have, and nor are the media willing or able to give them a hard enough time to force them into it.
It’s a case study in how interests and circumstances conspire to push some issues off-stage in an election.
A “draft” cabinet document recently leaked to the media suggests the idea that refugees are a potential source of terrorism and radicalisation will soon shape Australia’s humanitarian resettlement policy.
If implemented, refugees – not just boat arrivals – would be seen as a security issue. By offering only temporary residence and making Australia a less attractive destination, it makes deterrence the aim of the entire refugee program.
What’s being proposed?
Viewing all refugees through the security prism, and further restricting their rights, is a tactic to try to manage the much larger global refugee crisis. The number of refugees and internally displaced people exceeds 60 million. This is the highest since the end of the second world war.
Since the 1990s, various deterrence strategies have eroded the rights of those seeking protection onshore in Australia after having arrived by boat. These have included temporary protection visas, mandatory detention, the excision of the migration zone, the Pacific Solution and regional processing and resettlement.
If the leaked policy document is accurate, now all refugees are to be put into the category of – at best – temporary residents.
The justification for this punitive policy is the perceived connection between refugees and terrorism. The document links the outcome of earlier humanitarian policies and asylum decisions to terrorism and extremism. It points out that individuals who arrived on humanitarian-linked or refugee visas – Man Haron Monis, Farhad Jabar and Abdul Haider – have committed recent terrorist acts.
The document also identifies previous humanitarian programs as having contributed to radicalisation and the increased risk of terrorism. It says the special humanitarian program for Lebanese refugees during the civil war in the late 1970s is evidence refugees can import “extremism”, and “unsuccessful integration” can make young Muslims more receptive to extremist beliefs.
It puts forward the Lebanese Sunni Muslim experience as a warning. It argues they are today the:
… most prominent ethnic group amongst Australian Sunni extremists.
But the ethnic stigmatisation of Lebanese Sunni Muslims highlights shortcomings with the contemporary understanding of radicalisation and terrorism. It equates ethnicity with “extremism” and the potential for radicalisation with social environment.
The equation of Lebanese Sunni migrants with extremism is historically and politically inaccurate. The Lebanese civil war was primarily a sectarian struggle over power-sharing.
The terror threat, and Australia’s place in the world
Seeing Muslims in Australia through the security lens has led to the intensification of surveillance to intercept and prevent terrorist plots. Since September 11, seeing Muslim diasporas in the West this way has only reinforced the formation of transnational Muslim identities.
In other words, “Muslim” is now a transnational category targeted to manage transnational risk, not only in Australia but also Europe and North America. Muslim culture and practices are no longer merely about difference because difference has become a political marker to question national loyalty.
New laws stripping dual citizens involved in terrorism of their Australian citizenship are an expression of the ultimate sanction against disloyalty. But this might play right into the hands of Islamic State recruiters, who point to the West’s targeting of Muslims as a threat as evidence of the historical victimisation of Muslims.
The further restrictions on rights to asylum set out in this document are not primarily about terrorism or Muslims, but about the global refugee crisis. The reality of globalisation is we are deeply connected with different parts of the world. What happens there reverberates here. Terrorism is one dimension of that interconnection and appears to be here to stay.
We are facing this global refugee crisis because of our profound failure of political vision in the Middle East. The present wave of international terrorism is a symptom of the impact of a regional political conflict played out in Syria and Iraq. Australia cannot solve the global refugee crisis by deeming refugees as part of the overall terror threat to deter them from coming.
Refugee policy and counter-terrorism strategy should not be collapsed into the same space.
The Conversation is fact-checking claims made on Q&A, broadcast Mondays on the ABC at 9:35pm. Thank you to everyone who sent us quotes for checking via Twitter using hashtags #FactCheck and #QandA, on Facebook or by email.
I know that since 1976, there have been 70,000 asylum seekers settled in Australia who arrived by boat. Not one of them has been found to have a link to terrorism. – Tasneem Chopra, cross cultural consultant, speaking on Q&A, November 23, 2015.
Since the recent Paris terrorism attacks, Chopra and others have argued that Australians have nothing to fear from refugees arriving by boat.
But others have linked national security concerns to refugees.
Liberal Senator Cory Bernardi recently told the ABC that:
In our previous refugee intake, we’ve had examples where people who’ve been accepted as refugees have gone on to commit terrorist acts or plan terror attacks in this country.
So are Chopra and Bernardi right in making those two claims?
The answer is not entirely black and white, partly because of a lack of publicly available information. But based on my knowledge of this area, research and contacting senior police investigators, this is the best evidence available.
Boat vs plane arrivals
The first thing to remember is that the majority of asylum seekers arriving in Australia do so by plane.
It’s also true that of the handful of former refugees who went on to involve themselves in terrorist activities, most grew up in and were radicalised in Australia. Most arrived as children. They did not step off planes or boats in Australia as fully formed terrorists who somehow evaded security checks and slipped into Australia.
When asked for a source for her assertion, Chopra sent a comment from the Asylum Seekers Resource Centre that said:
The statistic is based on the past 15 years of work in that sector where not one asylum seeker who arrived by boat has been charged with domestic terrorism. Man Haron Monis, the perpetrator of the Lindt Cafe seige, arrived by plane. And regarding the numbers of boat arrivals, this was drawn from stats with this parliamentary library link, indicating around 69,000 since 1976.
Parliamentary Library, CC BY
I know this is not a very satisfying answer, but we can’t say with absolute certainty that no refugees who arrived by boat have been linked to terrorism. That’s because the police who have investigated the handful of terrorist plots in Australia that have been perpetrated by former asylum seekers didn’t always collect information on their mode of arrival.
It’s also true there’s no obvious, compelling evidence proving Chopra is wrong. As an expert advising the Australian government and courts on terrorism and counter-terrorism, I am not aware of any perpetrators or plotters who arrived in Australia by boat.
Some people who have arrived by boat may have gone on to break Australian laws or commit crimes, but that is obviously not the same as saying they are terrorists.
What about the Lindt Cafe seige, the Paramatta shooting and others?
It is true the man behind the 2014 Lindt cafe seige, Man Haron Monis, was a refugee who arrived in Australia from Iran. However, he did not arrive by boat – he came on a plane, just like most refugees. In fact, he arrived on a business visa.
Whether or not the Lindt Cafe seige qualifies as a terrorist act is also contested. Some experts say it was; others contend that while Monis latched onto Islamic State as his cause, there’s no compelling evidence to indicate that Monis had any confirmed links with them.
Farhad Khalil Mohammad Jabar, the IS-inspired 15-year-old who shot police officer Curtis Cheng outside the NSW Police Parramatta headquarters in October, was of Iraqi-Kurdish background. His family moved to Australia. No reliable evidence has emerged so far to suggest he arrived in Australia by boat.
A spokesperson for Senator Bernardi also referred The Conversation to a plot to attack the Holdsworthy Army Barracks in Sydney.
One of the plotters in that case, Saney Edow Aweys, arrived in Australia as a 15-year-old refugee, but we don’t know for sure if he came by boat or plane. The judgement in that case doesn’t say.
Senator Bernardi’s spokesperson sent another news article on Mohammad Ali Baryalei, accused of conspiring to behead an Australian in a random attack.
Baryalei’s aristocratic Afghan family came to Australia as refugees when he was a child, the ABC has reported.
Again, it’s not clear whether Baryalei arrived in Australia by boat or plane. There’s no compelling evidence suggesting it was one or the other. We do know he was a child when he arrived.
So Bernardi is also correct to say that, in general terms, there are a handful of documented cases of refugees who have settled in Australia being linked to terrorism. These refugees did not arrive as fully formed terrorists who slipped through security measures.
Let’s look at the two claims separately.
We can’t say with absolute certainty that Tasneem Chopra is correct to say that no refugees who arrived by boat have been linked to terrorism. However, there’s no obvious compelling evidence showing she is wrong.
With the current intake of the 12,000 Syrian refugees, there are tight selection processes and comprehensive screening procedures conducted before refugees enter Australia that dramatically reduce any chances of terrorists (or criminals) slipping into Australia.
Bernardi is correct. There have been a handful of asylum seekers who arrived in Australia by plane who we know have been eventually linked to terrorism.
It’s also worth noting what Chopra’s co-panellist, former Greek finance minister Yanis Varoufakis said on Q&A the same evening:
… when you have a massive exodus of refugees, there may very well be a couple of insurgents that infiltrate but it’s neither here nor there. Both the terrorist attacks and the refugee influx are symptoms of the same problem but one doesn’t cause the other.
– Clarke Jones
This is a sound analysis. There is an unfortunate trend in the debates about national security and border security towards both hyperbole and generalisation. This article is careful to avoid these. It examines the publicly available material and ultimately concludes that it is impossible to say whether or not any Australian terrorists arrived in this country by boat. While this lack of certainty may be frustrating for some readers, there are two important points to be taken from this article.
The first is that extremely few – if indeed any – of the people who have arrived in Australia by boat have later had any involvement with terrorism.
Secondly, this article highlights the irrelevance (including to the police) of how terrorism suspects arrived in Australia. In my experience – both in co-authoring a book, Inside Australia’s Anti-Terrorism Laws and Trials, and also appearing as junior defence counsel for Saney Aweys (linked to the Holdsworthy Army barracks plot) in his trial before the Victorian Supreme Court – whether a person arrives in Australia by boat or plane has no bearing on their likelihood of later being involved in terrorism. To the best of my knowledge, the mode of arrival was not even something that we discussed with Aweys during our pre-trial interviews.
The only thing that I would add to this article about Aweys’ background is that he spent many years in a refugee camp in Ethiopia before coming to Australia and being granted a humanitarian visa.
This – in combination with the fact that his arrival coincided with the Australian government’s decision to accept a significant number of refugees from Somalia and that I have no recollection of him spending any time in immigration detention – would suggest that he did not arrive here by boat. This could be confirmed by speaking to Aweys but that is of course easier said than done, given his current detention in a maximum security gaol. – Nicola McGarrity
A bill that would release the 112 children in immigration detention in Australia will soon go before the House of Representatives. The bill passed the Senate last week, but it could be rejected by a government-majority House.
While it’s widely accepted that detention is bad for child asylum seekers, the long-term effects of that harm are rarely spelled out. Our recently published research sheds some light on this.
So what should members of parliament consider when casting their votes?
Growing brains are vulnerable
The brain has evolved to respond effectively to stressful situations, many of which are normal challenges of everyday life. Indeed, some researchers argue that humans’ extended period of childhood and adolescence (compared to other species) has evolved to maximise our adaptability to the varied environments and social dynamics we traverse. What defines these periods, in this context, is a changing brain, a brain trying to adapt.
This adaptability, however, comes at a cost: growing brains are more vulnerable. Repeated trauma in childhood appears to change children’s enduring hormonal function and brain development, and increases the risk of developing a range of psychological disorders.
Cortisol is often referred to as the “stress” hormone. It plays a complex and wide-ranging role in the human stress and arousal response. Cortisol is also central to glucose availability, blood pressure and immune function.
Alterations in cortisol function are found in people with depression and post-traumatic stress disorder (PTSD), but are also a risk factor for these disorders. A recent study found soldiers with lower cortisol output before going to war in Afghanistan were more likely to develop PTSD symptoms after traumatic events experienced during their deployment.
Cortisol has traditionally been measured in saliva, blood or urine, reflecting output over minutes or days. These studies have found either unusually high or low levels of cortisol in children who have experienced maltreatment. This defective regulation suggests a system initially pushed into overdrive, and then overwhelmed, becomes fatigued.
But this changing physiological picture, and our constantly varying levels of cortisol, has led to many inconsistent findings.
What did our research find?
Our new research studied the cortisol levels of 70 nine-year-old children living in and around Melbourne. We recorded these levels from scalp hair to determine their total cortisol output over months.
We found that the number and types of traumatic events experienced earlier in childhood correlated with hair cortisol levels. These events included illness and deaths in the family, and being sick or hurt in an accident. More extreme events, such as fires, floods or being threatened or attacked, were relatively uncommon.
Traumatic experiences in childhood alter the development of brain structures during adolescence. These structures include those directly linked to cortisol production, such as the pituitary gland, as well as others linked with emotion processing and memory, such as the amygdala and hippocampus. Alterations in these structures have been identified in mental health disorders.
Childhood adversity, particularly maltreatment, is associated with increased risk for numerous behavioural problems. These include drug use, suicide attempts, risky sexual behaviour and sexually transmitted infections. The earlier the experience of adversity in childhood, the greater the risk of poor mental health outcomes.
What does this mean for detained children?
Clearly there are differences between the environments of our Melbourne families and those of detained children. But these differences are largely matters of degree.
Children in detention are at very high risk of exposure to physical and sexual assault, family separation, environmental deprivation and forced relocation. They also commonly witness traumatic events affecting loved ones. These experiences roughly double their risk of developing mental health problems later in life.
The more traumatic events a child experiences, the more likely lasting problems will emerge. A recent German assessment of families seeking refugee status found that 86.5% had already experienced multiple traumas involving war, torture and involuntary displacement.
Children entering detention in Australia already have elevated rates of psychological problems. The trauma of detention is likely to compound these harmful effects, which may persist long after the resolution of the immigration process.
Childhood is a sensitive and vulnerable period; experiences of trauma and adversity can produce harm that endures into adulthood. This inescapable knowledge should inform policy on the release of children from detention and remind us of the care and support they will need when they are finally released.
Julian G. Simmons, Research Fellow in Child and Adolescent Mental Health, University of Melbourne; Meg Dennison, Postdoctoral Research Associate, University of Washington, and Nick Haslam, Professor of Psychology, University of Melbourne
The dust had barely settled on the atrocious attacks in Paris when the spectre of terrorists hiding among the refugees fleeing Iraq and Syria was raised. The attacks have caused some to question Australia’s one-off intake of 12,000 Syrian refugees.
NSW Nationals MP Andrew Fraser called on Australia to “close our borders” in the interests of national security. Other former political figures have been sounding the clarion call of the dire consequences of Australia accepting these refugees.
The idea that there are “hidden terrorists” among the refugee intake is being raised due to the likelihood that at least one of the Paris attackers had arrived in France via a refugee channel from Greece. So, is it possible that Australia is about to be infiltrated by Islamic State-inspired militants among the refugees we are offering sanctuary to?
History provides lessons
The crisis enveloping Europe in attending to and properly caring for millions of terrified refugees fleeing the Assad regime in Syria and Islamic State (IS) is phenomenally problematic. These problems have ruptured some relationships between European Union and non-EU nations.
This represents the largest mass movement of people in Europe since the second world war. There are other great similarities between these two calamitous movements of people. The UK, for instance, was initially hostile to accepting large numbers of Jewish refugees due to a belief that they would not assimilate.
With so many people fleeing so much persecution, it beggars belief that there are people who have attached themselves to groups seeking to escape this barbarity but whose objectives are the very antithesis of those seeking sanctuary. But this is what some early information in the Paris attacks’ aftermath seems to suggest has taken place.
In this regard, it is entirely possible that a small number of IS followers have infiltrated groups seeking refuge and solace. Those guilty of evil crimes and those with evil intent hiding among the innocent is regrettably not unknown in these situations. In the second world war’s aftermath, the “ratlines” – or escape routes – of Nazis and fascists included their immersion among the refugee populations.
This has also been the case with more recent conflicts in the Balkans and elsewhere. Alleged war criminals have been found living in Australia.
A difficult task ahead
The task of identifying anyone from a war zone is very challenging – even more so when the particular countries people are fleeing have either rudimentary or no form of records of the essential details of their citizens.
This is why, following the September 11 attacks, a great deal of aid came from the US trying to introduce more robust identity-capturing measures globally.
This remains an unfinished project. In many areas where refugees continue to flee, there is not a comparable form of quick computerised identity checking as in Australia. Certain agencies here can access a computer with or without a warrant to look at your records. But this is not the case in countries where discovering someone’s identity is reduced to knowing the names of the individual’s parents and the specific village, town or area from which they hail.
These problems notwithstanding, the agencies tasked with undertaking such checks do so exhaustively. The checks can rely on everything from an allied country’s records to information from refugees themselves. The refugees have a passionate interest in ensuring their former persecutors are not among those persons provided sanctuary.
IS should not be equated with Islam – nor with the terrified Muslim refugees trying to escape the very acts that were perpetrated in Paris.