House debates

Monday, 23 October 2017

Private Members' Business

Immigration Detention

12:03 pm

Photo of Cathy McGowanCathy McGowan (Indi, Independent) Share this | | Hansard source

I move:

That this House:

(1)      notes that:

(a)   the planned closure of the regional processing centre on Manus Island in Papua New Guinea (PNG) on 31 October 2017 is creating a highly stressful situation for the 773 asylum seekers who remain on Manus Island;

(b)   the Australian Government is seeking to relocate people to East Lorengau or elsewhere in PNG ahead of the deadline;

(c)   there will be a withdrawal of current medical and mental health care, torture and trauma support and security services to detainees on 31 October;

(d)   a UNHCR survey of the deterioration of the mental health of those on Manus Island and Nauru in May 2016 showed that more than 88 per cent of offshore detainees are suffering serious mental health issues after several years in detention; and

(e)   there is enormous pressure on the detainees on Manus Island to relocate in PNG or return to where they fled, ahead of the deadline, whereas the UNHCR says a majority have been recognised as refugees who would qualify for resettlement; and

(2)      calls on the Government to:

(a)   urgently find viable and humane solutions outside of PNG and Nauru for those remaining under offshore processing arrangements; and

(b)   ensure all detainees are settled safely and with appropriate medical support prior to the 31 October closure of the Manus Island regional processing centre.

I was in grade 5 when I first understood the link between values and behaviours. My ethics teacher explained that in life it is easy for people to endorse values, things, attributes and characteristics, but it is behaviours that give the evidence to these values. She asked us to imagine at the end of our lives one or two important values and the behaviours that we had enacted to show that we had lived by those values. Then she asked if there would be enough evidence to convict us. Her specific example was Christianity, the judge was God and the evidence was how we had lived our lives. In the four years I've worked in this parliament there has been lots of discussion and debate about values—Australian values and community values—and I believe that's exactly how it should be. It's the role of a member of parliament to debate values, cultural norms and behaviours expected and to enact laws to enforce them. In this debate today, I'd like to talk about four specific values—respect; duty of care; fair go for the underdog; and habeas corpus, the right to a fair trial by your peers and punishments that fit the crime—and the behaviours that would provide evidence that we are living those values. My motion notes:

(a) the planned closure of the regional processing centre on Manus Island in Papua New Guinea (PNG) on 31 October 2017 is creating a highly stressful situation for the 773 asylum seekers who remain on Manus Island;

…    …    …

(c) there will be a withdrawal of current medical and mental health care, torture and trauma support and security services to detainees on 31 October;

(d) a UNHCR survey of the deterioration of the mental health of those on Manus Island and Nauru in May 2016 showed that more than 88 per cent of offshore detainees are suffering serious mental health issues after several years in detention; and

(e) there is enormous pressure on the detainees on Manus Island to relocate in PNG or return to where they fled, ahead of the deadline, whereas the UNHCR says a majority have been recognised as refugees who would qualify for resettlement;

In respect of behaviours and evidence, we have seen indefinite detention, severe health issues and very ordinary people detained without trial because they fled from where they came with a well-founded fear of persecution.

In the past weeks I have spoken to the UNHCR—and I acknowledge their presence here today—and I've spoken to the Prime Minister and I've asked questions in parliament. I'm totally unimpressed with the response. Sure, I get the argument: protect our borders, deaths at sea, breaking the business model. But, in our treatment of the people on Manus, I believe we've crossed a line. The evidence shows that we're behaving badly, that we're becoming a bully, that we are very cruel, that we are unfair and, sadly, that we are not being our best selves. Worse than all of that, I believe, we have foisted on our well-respected neighbours a problem we don't want to have to own. Local people don't want foreigners, forced to live in their small rural communities, outnumbering them. Women in Papua New Guinea fear for their safety.

So I say to the government and the opposition: the standard you walk past is the standard you accept. Our treatment of these asylum seekers will define us in the decades to come. It will shadow our role on the United Nations Human Rights Committee. It will shadow our relationship with Papua New Guinea and with our other neighbours. It will shadow us as a nation. Its shadow will be long and heavy and dark. I believe we're better than this. I believe we can protect our borders and we can look after the refugees.

In closing, my words are: it is not only what we do but how we do it. I call on Labor and the government to work in partnership with the UNHCR and community groups such as Rural Australians for Refugees to find a solution to this moral problem and to work with the leaders on Manus to sort it out. We can be better and we should be better, and I call on the government to be better.

Photo of Sharon BirdSharon Bird (Cunningham, Australian Labor Party, Shadow Minister for Vocational Education) Share this | | Hansard source

Is the motion seconded?

Photo of Adam BandtAdam Bandt (Melbourne, Australian Greens) Share this | | Hansard source

I second the motion and reserve my right to speak.

12:08 pm

Photo of Chris CrewtherChris Crewther (Dunkley, Liberal Party) Share this | | Hansard source

Australia consistently ranks among the top three countries globally, with long-established annual resettlement programs, and we continue to demonstrate this through our humanitarian program and by actively aiding displaced people both in their home country and beyond. Our additional intake of Syrian refugees provided 12,000 people with new opportunities and a safe place to call home.

The member for Indi has rightly raised concerns for displaced people on Manus Island in Papua New Guinea, and the Australian government is providing avenues and alternatives for both refugees and non-refugee residents of the Manus Regional Processing Centre. Refugees have the option of temporarily relocating to the East Lorengau Refugee Transit Centre or the Papua New Guinea community pending third-country resettlement. Refugees also have the option of settling permanently in Papua New Guinea. If the conditions in their home country have changed, they may return home voluntarily, and with reintegration assistance. The option always remains also that, if refugees have a third country that they have a right to reside in, they may also move there. Refugees who have expressed an interest in being resettled in the United States may also voluntarily transfer to Nauru, rounding off a number of avenues that residents of the Manus Regional Processing Centre have access to—and the Australian government will support them along the way. Non-refugee residents are expected to return home voluntarily, and, again, have access to assistance by the Australian government.

What we know, however, is that those who arrived by boat will not be resettled in Australia. We cannot let the prospect of resettlement in Australia be used as a lure for people smugglers to take advantage of incredibly vulnerable people and to encourage them to risk their lives. The Australian government do care—we don't want to see thousands of people drown at sea as we have seen in the past. Consequently, we as a government are making it clear that this will never eventuate. Australia takes its international obligations seriously and we provide protection to refugees consistent with these obligations as set out in the statutory refugee framework provisions of the Migration Act of 1958. We have committed to increase the humanitarian program from the current level of 13,750 places up to 18,750 places every year by 2018-19, making 2018-19 the largest offshore intake in more than 30 years. Our tough border protection measures mean that there have been no deaths at sea since the coalition came into government. This is a remarkable milestone. We have closed 17 detention centres, meaning fewer people in detention and a much better system that is trusted by the Australian people. It gives us an opportunity as well to expand our humanitarian program into a future where the Australian people have confidence in our system.

It is also worth noting that the only reason that anyone is on Manus Island or Nauru is that Labor lost control of our borders. Operation Sovereign Borders is saving lives. There are always issues and difficulties that we need to deal with on a regular basis but the government is concerned and the government does care. We are working to ensure the best system is in place, which ensures that those who are in need of genuine protection receive that protection while simultaneously ensuring that people smugglers do not take advantage of our system and that we reduce the numbers of people drowning at sea, in particular children. I again thank the member for Indi for her compassion and her interest in this matter and for raising this important motion today before the Federation Chamber.

12:13 pm

Photo of Adam BandtAdam Bandt (Melbourne, Australian Greens) Share this | | Hansard source

I want to thank the member for Indi for bringing this important matter to the House. The government has said that in eight days time, under a deadline it has self-imposed, it will close down the processing centre on Manus and potentially start turning off the power and the water to the people who are there, but there are hundreds of people in that place who don't know their fate. These are people who have committed no crime. All they have done is what I think any one of us in this place would do if we thought that our lives were at risk, our family's lives were at risk or we couldn't freely express ourselves politically without risk of persecution or torture. They did what many people with no other option would do—they sought a better life. We should be very proud that the life that they sought was in Australia. It is a testament to our values that they thought that they would seek to come to Australia. If I was in that situation and I thought my only hope of looking after myself or my family was to jump on a boat, I would do it. I suspect many, many other people here would do it as well. Is it the best way? Perhaps not. Sometimes, though, it's the only way. They did nothing more than jump on a boat instead of getting on a plane, in which case they would have been treated very differently, but this government is continuing the policy of the Labor government of locking these people up indefinitely.

The people in this centre have already witnessed murders, riots, beatings and machete attacks. They have witnessed drunken members of the Papua New Guinea navy fire over 100 shots into the prison, and they have witnessed a loaded up Toyota Hilux ute being rammed through the gates in an attempt to attack refugees in that centre. As a result, we are hearing now on a daily basis that the people, who are in the centre because they have committed no crime but are in indefinite detention in a place that is a risk to their safety, are feeling the effects of having been locked up in this mental illness factory. Now they are told that in eight days time the place will close. As we have heard from previous speakers, the options they have been given are anywhere but Australia. They are told, 'You could go elsewhere in Papua New Guinea, or maybe we'll send you over to Nauru. Maybe you'll be one of the lucky ones who get under the US resettlement deal, but there is no guarantee of that either.' The government is going to great lengths to do everything other than the humane thing, which is to say, 'We will bring them here and process them here.'

As a result, because of this government's deliberate policy of uncertainty, we're in a situation where in eight days time services could be cut off to these people and they will be, yet again, forced to make decisions with a gun at their heads. What worries me is that this is a deliberate decision by the minister and the government to create a powder keg that will go off. As I've said, we know that the conditions there are appalling and that they should never have been in this camp that Labor and Liberal support. They should never have been there. But now it is a tinderbox, and the worry is that the minister is deliberately creating the conditions for a situation where violence will occur. It has already occurred there, through the attacks, and now in eight days time, if you have several hundred people stuck on an island that they can't get off, given no alternative other than perhaps to be told, 'You can go and live in PNG'—where they know it's not safe—'or you can go and be moved elsewhere to another form of detention.' When they're saying, 'We don't want to go until we know what our future is,' that is creating the conditions for violence to occur. I think it's a deliberate act by Minister Dutton to create a situation where violence will occur, which he will then use to turn around and blame these refugees and asylum seekers even further and say, 'Look, that is why we can't bring them to Australia.'

I think that's despicable. If the government wanted to impose this deadline to bring an end to the centre, then it should have a decent plan for the several hundred people who are there. Now, it will shame us if the new New Zealand government takes these people. Maybe they will; I don't know; but it would shame us that across the ditch a government is prepared to do the right thing, yet we here in Australia are party to a government that says, 'If you're an asylum seeker you can't have a pet unless we approve it, and we're going to lock you up and destroy your life.'

12:18 pm

Photo of Llew O'BrienLlew O'Brien (Wide Bay, National Party) Share this | | Hansard source

I rise to speak on the serious matter raised by the member for Indi. We need to remember that the reason people are on Manus Island and Nauru is because Labor lost control of the borders. Under Labor there were 50,000 illegal boat arrivals, who came over in 800 leaky boats. Tragically, at least 1,200 people drowned at sea and 8,000 children were drawn into detention by Labor's policy failures. Under Labor Australia's border security arrangements were in chaos. There was an $11 billion budget blowout and 17 additional detention centres were opened. At the height of Labor's policy failure 10,201 people were held in detention, including 1,992 children.

Any weakening of border protection policy runs the risk of getting the people smugglers back in business and overrunning our borders. The only way to stop people from drowning is to deny people smugglers the product that they sell. This was first shown in 2001, when the Howard coalition government successfully halted the first wave of boat arrivals. Under the current coalition government's Operation Sovereign Borders, anyone who comes illegally by boat won't be settled in Australia. This life-saving policy has been a resounding success. Under this government, there has not been a successful arrival in over 1,000 days and not a single death at sea.

Australians have always been a generous people. We consistently rank among the top three countries in the world for our resettlement programs. While Australians have a substantial humanitarian program, it must always be governed on our terms. After putting an end to Labor's tragic policy failure and securing our borders we are now looking to move existing asylum seekers out of detention centres. We have already closed 17 detention centres and removed all children from detention. Labor promised to move children out of detention but the coalition is actually delivering on that. We are working with Papua New Guinea to close the Manus Regional Processing Centre by the end of the month. Refugees will have the option to settle permanently in PNG, return home, move to a third country they have the right to reside in, or volunteer to transfer to Nauru if they are interested in US resettlement. Crucially, no-one will come to Australia.

We have managed to move people out of detention centres while continuing to deter people smugglers. The government now operates the largest and most sophisticated maritime surveillance and response fleet ever deployed in our nation's history. If the people smugglers try anything, the Australian Border Force will be waiting to intercept and return any boats that attempt to enter our shores. We all want to show compassion to genuine refugees but we need to think with our heads and not our hearts. After 1,200 deaths at sea, we cannot afford to give an inch to the people smugglers and their disgraceful business practices. It is clear from the Rudd-Gillard-Rudd Labor experiment, that sending mixed messages just results in more illegal arrivals. What Australia needs is strong borders. Only the coalition has a proven record of achieving this.

I worry about what a Labor government would do to the strong border arrangements this side has worked so hard to deliver. The opposition showed it has not learnt from its mistakes earlier this year when they voted against our crackdown on fake refugees receiving welfare. Many in the ALP don't care about border security, and people smugglers are aching for a change of government so they can test the waters. The Labor Party must accept its six years in government were an abject failure for border protection and it must unequivocally support our policies that have stopped the boats.

The government is resettling asylum seekers humanely and in line with our international obligations. Most importantly, we are doing it in a way that will not encourage anyone to again make the dangerous voyage to Australia. Unlike the former Labor government we will never tolerate the vile people smugglers who manipulate vulnerable men, women and children to risk their lives at sea. The last thing we can afford is to turn Australia into a magnet for the people-smuggler trade as happened under Labor. I congratulate Minister Peter Dutton and our government on their success and will continue to work with them to keep our borders strong and secure. (Time expired)

12:23 pm

Photo of Cathy O'TooleCathy O'Toole (Herbert, Australian Labor Party) Share this | | Hansard source

I thank the member for Indi for bringing this most important motion forward today. Let me start by saying the blame game must end and end now. What is happening on Manus Island, as I speak, is completely inhumane, unacceptable and will forever be a stain on Australia's human rights history. Demonising and dehumanising traumatised people is not the Australian way. Surely we are better than this.

The only plan that the Turnbull government has is to close Manus Island on 31 October 2017. They have no plan for the 773 people on Manus Island seeking asylum, who will be left in limbo, and that is what this motion is about. They have used these people seeking asylum as a deterrent to put the fear of God into others fleeing from trauma and war. They have done very little about their safety. They have no regard for their physical and emotional wellbeing and health. What is most distressing is that nothing has been done about finding a third country resettlement deal. Where does this government expect 773 people seeking asylum to go?

A division having been called in the House of Representatives—

Sitting suspended from 12:24 to 12:37

Where is the evidence that this government has been exploring third-party options? Where is the action to engage with the third parties? Where is the Turnbull government on these human rights issues? This is a huge human rights problem, and the Turnbull government has no answers. People seeking asylum are not illegals; they are people. They are mothers, fathers, sons, daughters, sisters and brothers. It is intolerable that, in 2017, people are being left with no access to water and power, yet this is exactly what is happening.

Whether this government likes it or not, the people seeking asylum on Manus are the responsibility of the Australian government. How are the government going about meeting their responsibility? They are continuing to cruelly punish people seeking asylum and leave them with no water, no power and no access to health care, whilst at the same time giving them enormous stress, anxiety and fear of what their future may hold.

The Turnbull government's complete mistreatment of people on Manus Island has delivered the Australian taxpayer a hefty $70 million human rights payout, and that does not include legal costs. It is the largest in Australian legal history. But these men have had their voices heard—$70 million in compensation to men illegally detained in dangerous and damaging conditions, all because of the Turnbull government's complete and utter mistreatment of human beings. Surely it would have been easier, less costly and just the right thing to do to treat people with dignity and respect rather than incur the largest human rights payout in our history. A fair go means treating people with dignity and respect, regardless of whether one is a millionaire or a refugee.

At a recent town hall meeting in Townsville, members of my community raised their concerns about the people on Manus. The community is scared about the safety, access to medical attention, and access to water and power for these men. Labor's position has always been clear. Labor have always said that we oppose indefinite detention of people on Manus and Nauru. Labor are not about the exploitation of human beings, and we are certainly not about the cruelty of indefinite detention. The reports that have consistently come out of Manus and Nauru are horrifying, to say the least.

It is critical that this government sets a very high standard now that we have a place on the Human Rights Council, and that includes how we treat people seeking asylum who are in detention. A close look at Australia's human rights record right now shows that Australia is going backwards almost across the board—in the treatment of refugees and of first-nation people in incarceration, violence against women, protecting children in youth justice, and the physical safety of people with a disability. Australia has always strived to be an international leader on human rights, but our current tarnished human rights record is a reflection of the Turnbull government's complete disregard for compassion, dignity and respect. I call on the Turnbull government and the minister to take immediate action to ensure the safety and relocation of the people on Manus Island.

Photo of Maria VamvakinouMaria Vamvakinou (Calwell, Australian Labor Party) Share this | | Hansard source

The time allotted for this debate has expired.The debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.