Access and Equity Policy for a Multicultural Australia

From the Priority List inbox:

The Race Discrimination Commissioner of the Australian Human Rights Commission has welcomed the report  and recommendations of the independent  Access and Equity Inquiry Panel.

The Access and Equity policy has been an important policy  that defines Government services obligations to culturally diverse  communities.  The review of this policy  arises from the recommendations of the Australian Multicultural Advisory  Council, which recommended the formation of the Australian Multicultural  Council and ‘The People of Australia’ policy.

Dr Helen Szoke said, “The Access and Equity policy is an  important focus for government departments in all interactions with Australia’s  culturally and linguistically diverse population.  A focus on cultural responsiveness is an  investment in ensuring that all people in Australia can participate equally in  the community and receive the services and responses that they need to be part  of the broader Australian community.”

The Panel’s recommendations call for the strengthening of  this policy, through identifying clearer and more specific obligations that  departments and agencies are required to meet. There is also an expectation  that the principles of Access and Equity will influence all Government social  policy areas.

The Panel has proposed some important core minimum  obligations for Australian Government departments and agencies in relation to  the Access and Equity policy, with an emphasis on a whole-of-government  approach to better engage with the country’s increasingly diverse community.  The recommendations, if adopted, will encourage better participation of people from different backgrounds in  Australian community life.

The Australian Human Rights Commission’s research conducted  with African Australian and Arab and Muslim Australian communities has  identified that often members of these communities are reluctant to report on  negative experiences when dealing with programs and services due to a lack of  knowledge about the law and complaints processes, or the perceived difficulty  in making complaints.

Dr Szoke said, “The panel’s recommendation to review the  accessibility of complaints mechanisms, in consultation with communities, will  help to address some of these barriers and make the process of providing  feedback both easier and more effective.”

“I look forward to the Australian Government’s response to  the report and in particular, to learning what mechanisms will be identified to  enhance the governance, accountability and implementation of the policy,” Dr Szoke said.

The full report of the Access &  Equity Inquiry is available at  www.immi.gov.au/living-in-australia/a-multicultural-australia/government-approach/government-services/AandEreport.pdf

Australia finds no deal to help asylum seekers

The Senate upheld a High Court’s decision to scrap an extra-territorial solution to  people smuggled by boat into Australia in a dramatic vote, 39 against 29.

This is a nail in the coffin of Prime Minister Julia Gillard’s benchmark policy to solve human smuggling. It also puts to rest Gillard’s “Malaysian Solution”—a deal that allows Australia to take in 4,000 genuine refugees from Malaysia in exchange for the deportation and processing of 800 boat arrivals within four years.

The High Court ruled out the deal in August last year on the grounds that Malaysia has no legal obligation to protect asylum seekers, a requirement under Australia’s Migration Act.

Refugee coalition groups in Australia also noted Malaysia rejected any responsibility in the protection of refugees and asylum seekers.

In Malaysia, the Lawyers for Liberty based in Selangor earlier supported a memorandum endorsed by various organisations against Australia’s “misguided refugee outsourcing deal.”

We, the undersigned civil society organizations, wish to express our opposition to the proposed Australia-Malaysia bilateral agreement, in principle, to transfer the next 800 asylum seekers seeking asylum in Australia to Malaysia.

Although the terms of the joint agreement remain vague, we are of the view that the Australian Government is making a mistake in arranging this joint agreement with the Malaysian Government which is not a signatory to the 1951 Convention Relating to the Status of Refugees (“Refugee Convention”). This proposed exchange is a misguided approach in dealing with a complex issue that will cause serious ramifications as Malaysia has a long record of abuse and mistreatment of people seeking protection. This arrangement, if implemented, may lead to the violation of the rights of transferred individuals to Malaysia.

Two boatloads of asylum seekers arrived on Christmas Island, north off Australia in just 10 days.  Media reports counted about 130 people were rescued, one body was recovered and three people went down with the vessel. Wednesday’s incident came just days after another boat capsized, with 110 people saved but an estimated 90 killed.

Toddlers are among the latest boat arrivals. (Photo: Danile Wilkins)

The twin tragedies alerted the Federal government. The Lower House convened and passed a bill on Wednesday to allow offshore processing of asylum seekers. However,  the breakthrough was immediately dashed off by the Senate on Thursday. Heated debates lasted up to the wee hours of Friday morning.

The bill authored by Independent Rob Oakeshott is called the Migration Legislation Amendment (The Bali Process) Bill 2012. It allows Australia to send asylum seekers to Malaysia and the island of Nauru in the South Pacific for processing.

The Opposition reached a compromise, but the Australian Greens were against the proposed deal and therefore voted against the bill in both houses.

The Parliament will go into a winter recess while more boats are expected to arrive within the next few weeks.

Immigration Minister Chris Bowen pronounced a macabre prediction that more boat people are expected to die while politicians are having a 6-week holiday break, the SBS reported.

A boatload of people is spotted approaching Christmas Island. (Photo: Express MV Bison)

Independent MP Andrew Wilkie also said parliamentarians should not be going into recess when such an important matter remained unresolved.

“We should be sitting today, we should have continued sitting last night, we should sit next week, we should sit until we get a solution,” he told state broadcaster ABC.

“I think there is every chance in the world that more people will die during this six-week recess,” he said.

Gilliard earlier blamed the High Court for Australia’s failure to deal with human smugglers. She said the High Court-Senate is sending a message to people smugglers to load more people to come to Australia.

Amid prolonged parliamentary processes, Gillard announced the formation of a panel composed of “experts” such as former defence chief Angus Houston, former top diplomat Michael L’Estrange and refugee advocate Paris Aristotle. She said the panel will assess all asylum policy options. The “Multi Reference Group of MPs” will also work in consultation with the panel.

Since 1976, more than 27,000 people have risked their lives on boats in a desperate bid to arrive in Australia, a signatory to the 1951 UN Refugee Convention.

Lower House passes offshore asylum processing

Risky arrivals of boat people are non-stop–usually with a tragic end. (Photo: AAP)

Human smuggling is unstoppable. Two incidents of capsized vessels near the Christmas Island are reported this week. Rescue operations have been dispatched to look for survivors.

It has became all-too-ordinary when people are crammed into a boat and sail on treacherous waters with high hopes of reaching Australia— then the boat sinks before it reaches the northern shores.

The Parliament convened this afternoon and grappled with a long-awaited solution. The Lower House finally passed a bill to allow the offshore processing of asylum seekers, a move the Julia Gillard’s Labor Party has been pushing for.

Authored by Independent Rob Oakeshott, the legislation passed 74 votes to 72 following a heated and emotional debate that lasted for almost six hours. Even crossbenchers are reported to have sided with the Government.

Independent MPs Andrew Wilkie, Rob Oakeshott, and Tony Windsor listen during the bill deliberation. (Photo: Alex Allinghausen)

Gillard said a law is needed for the border protection and to assure the legal certainly of offshore processing of asylum seekers.

She told the Parliament it would an act of destruction not to pass laws removing the legal uncertainty over offshore processing of asylum seekers.  ”We are on the verge of getting the laws we need….It would be tremendous act of destruction and tremendous denial of the national interest … to conduct yourself in a way which means there are no laws, ” the Age reported.

The bill is aimed at bridging the government’s proposed changes to the Migration Act to allow offshore processing in Malaysia against opposition demands for humanitarian safeguards.

It will allow an immigration minister to designate any nation as an ”offshore assessment country” as long as it was party to the Bali Process, which includes Malaysia.

The coalition had wanted to ensure refugees were only sent to countries which had signed the UN refugee convention, which would exclude Malaysia.

The Australian Greens, however, are not amenable with the proposed legislation. Media reports say they will block the bill in the Senate, and want all parties to take part in a committee to find a long-term solution that respects human rights.

Greens MP Adam Bandt said he would not support the bill ” [because] it rips up the Refugee Convention”.

The bill is now scheduled to face the Senate.

Blog Link: Asian Correspondent

Asylum seekers to experience homestay

Delayed posting of one of the top news stories of the week:

Following the launch of the Community Placement Network (CPN) on May 3, about 5000 asylum seekers will be able to experience a decent life in a homestay program. The 6-week refugee homestay, an initial scheme to ease overcrowded detention centres, is expected to kick off two weeks from now. CPN is designed to accommodate asylum seekers released from detention centres on a Bridging Visa.

Australian Homestay Network (AHN) CEO David Bycroft told ABC more than a hundred applications have been lodged on the first day. Eligible refugees, mostly males of 18-25 years of age, will have the opportunity to stay at accredited Aussie homes. AHN is privately-run homestay accommodation network intended for international students costing $300 per week. Bycrfot said this scheme is the “best model” for processing eligible asylum seekers while waiting for their bridging visas and to eventually transition into community life.

Detainees stage a protest on a rooftop of the Villawood Detention Centre in Sydney in March. (Photo: AP)

Australian media, including News Corp, reported that the Australian Government has offered AHN-member home owners $250-$300 a week to accommodate a refugee guest. It will also pay a weekly stipend of between $220 and $300 to families to cover food and board for detainees. Almost 1000 detainees have been released into the community over the past two months, the paper added.

However, the Blue Mountains Refugee Support Group website clarified media reports on the costs. Quoting Pamela Carr, campaign coordinator of the Asylum Seeker Resource Centre in Melbourne, the guest by the Name of G Winston says, asylum seekers will pay$120- $140 per week for board in an Australian home under the CPN for the first six weeks and they will pay extra for food. “They will pay this out of their CAS payment which is around $215 per week. Asylum seekers get a CAS payment for the first 6 weeks when they leave detention. The CAS payment is the equivalent of 89% of Sickness Benefit (the lowest Centrelink Payment).”

The website also said, costs in detention centres range from $160 – $ 850 per person per night depending on the detention centre’s location. Over 90% of asylum seekers coming by boat are found to be refugees, get visas and will settle in Australia, Carr was also quoted as saying while the Amnesty International confirmed, “we have to remember that ultimately 90% of asylum seekers will be found to be genuine refugees.”

Detainees stage a riot at a Christmas Island detention centre last month. (Photo: Seven News)

Praise for homestay

AI welcomes the CPN initiative as a positive shift to more community-based processing of asylum seekers in Australia. Dr Graham Thom, AI’s refugee spokesperson said the scheme will provide refugees with an opportunity to be introduced to the Australian community.

“We are pleased to see these positive steps relating to the processing of asylum seekers in the Australian community…Community processing initiatives like the CPN are much cheaper than detention, and much more humane, giving asylum seekers the chance to start contributing to Australian society while they wait for their refugee status to be assessed,” says Dr Thom.

The AI has done a research trip to some of the most remote detention facilities across the country and found that the detention centres “incredibly difficult for asylum seekers to understand and engage with the system.” Dr. Thom said once the asylum seekers are released from detention, they often feel isolated and disconnected within the community.

“This is a step forward and it honours Australia’s obligations under the Refugee Convention, but the Government must now continue to work towards increasing the number of bridging visa releases.”

A typical homestay student accommodation facility advertised by a private home owner. (Photo: elsa.sa.edu.au)

Opposition slams homestay

While the CPN is fully supported by human rights organisations, the Federal Opposition immigration spokesman Scott Morrison slammed the plan, claiming it shows the Government’s desperation, recklessness of policy and out of control. He said Australians have been complaining about the rising costs of living and Julia Gillard offered to supplement household incomes by offering rent to asylum seekers.

“Labor’s decision to house adult male asylum seekers released on bridging visas in the spare rooms of Australian families is a desperate, reckless policy from a government that has lost control….The fact Australian families are now being asked to house asylum seekers who have arrived illegally by boat, including those whose claims have been rejected, shows just how desperate Labor have become over their failed border protection policies which have seen almost 17,000 people now arrive on 301 boats.”

However, a spokesman for Immigration Minister Chris Bowen, said: “This is yet another cheap shot from the Coalition, who like to demonise asylum seeker issues.”

The Refugee Advocacy Network is convinced the CPN will not offer accommodation but also a helping hand to get the refugees start learning the Australian way of life. It said this is a great initiative to complement the Australian Red Cross in its search for short-term accommodation support to eligible asylum seekers coming out of detention

The CPN is an initiative of the AHN to offer short-term homestay accommodation to eligible asylum seekers leaving detention centres on a Bridging visa. The AHN has been commended by both the Senate Inquiry into the Welfare of International Students (2009) and the NSW Parliamentary Inquiry into International Student Accommodation (2011). It is the only operating homestay organisation with benchmarked national standards, and is the leading homestay provider within Australia. The CPN operates under these national standards.

Blog Link : ASIAN CORRESPONDENT