‘I Was a Stranger and You Welcomed Me . . .’
While most Australians empathise with refugees in camps abroad, most of us appear to find it difficult to extend this empathy to the refugees who reach our shores.
Many Australians misunderstand asylum and asylum seekers. This is due mainly to the misinformation often received from commentators, through the media, and regrettably sometimes furthered for political purposes.
Asylum seekers who arrive by boat – as distinguished from the vast majority who arrive by other means with a passport, visa and permission to enter - are regularly described as ‘illegal immigrants’.
They can hardly be ‘illegal’ immigrants, as under Australian and International Law a person is entitled to make an application for asylum when he/she is escaping persecution.
Their arrival in Australia by boat follows years of waiting in refugee camps in Indonesia where many have already been granted refugee status but face waits of up to ten years for resettlement in another country. It is this situation that forces many to find their own way to places where they hope they will be accepted.
The tough rhetoric surrounding asylum seekers who reach Australia began before the Tampa incident of 2001, and was aimed at the time at voters in a few marginal federal electorates. Since then the stance of successive Australian governments has been a political one, not a moral, or even a legal, one.
What Does International Law Say About Refugees and Asylum Seekers?
Everyone has the right to seek and enjoy in other countries asylum from
persecution UN Declaration of Human Rights 14
No one shall be subject to arbitrary arrest, detention or exile UN Declaration of
Human Rights 9
Everyone has the right to freedom of movement and residence within the borders
of each State, and the right to leave any country including his own UN
Declaration of Human Rights 13
States shall not impose penalties, on account of their illegal entry or presence
on refugees who come directly from a territory where their life or freedom is
threatened UN Convention Relating to the Status of Refugees 31
No State shall expel or return a refugee in any manner whatsoever to the
frontiers or territories where his life or freedom would be threatened
UN Convention Relating to the Status of Refugees 33
States shall apply the provisions of the Convention to refugees without
discrimination as to race, religion or country of origin UN Convention
Relating to the Status of Refugees 3
Catholic Social Teaching
Catholic Social Teaching, based on the scriptures and papal statements spanning 50 years, has a long–standing commitment to upholding the rights of displaced people.
It maintains that anyone whose human dignity is threatened has the right to flee, and the international community has the duty to provide assistance.
In particular Catholic Social Teaching holds that anyone in danger who appears at a border seeking asylum has a right to expect protection. The granting of asylum is not a favour to be dispensed at the discretion of the more fortunate, it is a Christian and human duty. Each country has the responsibility to respect the rights of refugees and asylum seekers and ensure that these are respected as much as the rights of its own citizens.
Now that the High Court has declared the refugee swap deal with Malaysia to be invalid and all off-shore processing of asylum seekers in some doubt, it’s time for our leaders to forget their political posturing and to ensure Australia’s international obligations to asylum seekers are fulfilled.
Given their rhetoric has, for over a decade, fostered misunderstanding, fear and hostility among the general public they could start by properly informing public opinion about our legal obligations to asylum seekers, show leadership in promoting compassionate acceptance of them, and encourage us all to give them ‘a fair go’.
Prepared by Josephite Justice Office
