Migration Bills undermine Human Rights commitments, says Human Rights and Equal Opportunity Commission President
20 September 2001
Three migration bills currently before the Senate undermine Australia's
commitment to international human rights obligations, the President of
the Human Rights and Equal Opportunity Commission, Professor Alice Tay
said today.
Professor Tay has expressed her concerns about the legislation - the Border Protection (Validation and Enforcement Powers) Bill 2001, the Migration Amendment (Excision from Migration Zone) Bill 2001 and Migration Zone (Excision from Migration Zone)(Consequential Provisions) Bill 2001 - to the Federal Attorney-General Daryl Williams and to other selected parliamentarians.
"It is a disappointing departure from established Australian legislative tradition that changes to fundamental human rights guarantees could be made in such haste without extensive consultation and public debate," Professor Tay said. "The Bills introduce inconsistency into the refugee determination system and mark a retreat from human rights protection in Australia."
Professor Tay said that the parliamentary committee system allows for proper consideration of proposed legislation where there is the potential to seriously affect human rights. The President calls for:
- An appropriate
inquiry into the proposed amendments, with an opportunity for public
consultation;
- Assurance that
asylum seekers will not be removed to countries where they face further
removal or even persecution or torture. The provision allowing the Minister
to remove individuals to countries the Minister deems appropriate must
be clarified;
- Assurance that
the revised version of section 245F (9) of the Migration Act will not
allow the Government to detain people, especially children, for lengthy
periods of time in poor conditions; and
- "Offshore entry persons" to have the same rights to apply for refugee status as other asylum seekers.
"The Commission also remains fundamentally opposed to mandatory minimum terms of imprisonment. Such provisions prevent people from accessing the legal system and undermines the judicial process," she said. "The rule of law is one of the basic tenets of democracy. These proposed amendments could set a dangerous precedent."
Media contact: Janine
MacDonald (02) 9284 9880 or 0408 469 347
