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Back to the Future: Australian Border Policing Under Labor, 2007–2013
Abstract
This article analyses the border policies of australia's federal Labor governments between 2007 and 2013. It argues that the policies of externalization pursued by Labor inevitably led to the restoration of the Pacific Solution introduced by the previous Liberal-National Party Coalition government and reproduced similar forms of state criminality and resistance.
Content
Author and article information
Notes
See Transcript of Joint Press Conference, 19 July 2013, available at: http://www.pm.gov.au/press-office/transcript-joint-press-conference-2; and Regional Settlement Arrangement between Australia and Papua New Guinea, available at: http://www.dfat.gov.au/issues/rra-png.pdf.
See Transcript of Joint Press Conference, 3 August 2013, available at: http://www.pm.gov.au/press-office/transcript-joint-press-conference-3.
Department of Immigration and Citizenship information sheet, available at: http://www.immi.gov.au/visas/humanitarian/novisa/byboatnovisa.pdf.
Temporary protection visas (TPVs) were first introduced by the Howard government in 1999 and abolished by the Labor government in 2008. On the impact of TPVs during the Howard government, see Leach and Mansouri ( 2004). They were reintroduced in October 2013 through the Migration Amendment (Temporary Protection Visas) Regulation 2013. In December 2013, the Greens and Labor used their combined majority in the Senate (which they hold until June 2014) to disallow the regulation ( Senate Hansard, 2 December 2013, at 106). The immigration minister responded by freezing the issue of any further protection visas until 30 June 2014 (IMMI 13/156, issued pursuant section 85 Migration Act 1958, 2 December 2013). The impact of this decision was that some 33,000 refugees awaiting decisions on their protection claims would remain either in detention or in the community on bridging visas.
Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement, 25 July 2011.
Arrangement between the Government of Australia and the Government of Malaysia, Annex A.
Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship [2011] HCA 32.
Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011.
Migration Legislation Amendment (The Bali Process) Bill 2012.
Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 .
Memorandum of Understanding Between the Republic of Nauru and the Commonwealth of Australia, Relating to the Transfer to and Assessment of Persons in Nauru, and Related Issues, 29 August 2012.
Memorandum of Understanding Between the Government of the Independent State of Papua New Guinea and the Government of Australia, Relating to the Transfer to and Assessment of Persons in Papua New Guinea, and Related Issues, 8 September 2012.
Schedule 1, Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 .
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 .
Prime Minister and Minister for Immigration, Transcript of press conference, Canberra, 28 June 2012, http://parlinfo.aph.gov.au/parlInfo/download/media/pressrel/2048153/upload_binary/2048153.pdf;fileType=application%2Fpdf#search=%22media/pressrel/2048153%22 (accessed 1 December 2013.
Migration Legislation Amendment (The Bali Process) Bill 2012.
Prime Minister and Minister for Immigration, Transcript of press conference, Canberra, 28 June 2012, as cited above.
Prime Minister and Minister for Immigration, Transcript of press conference, Canberra, 28 June 2012, as cited above.
Prime Minister John Howard, Coalition Election Policy Speech, 28 October 2001, http://australianpolitics.com/2001/10/28/john-howard-election-policy-speech.html. (accessed 1 December 2013.
Letter to Prime Minister Gillard, 15 August 2012, circulated by Asylum Seeker Resource Centre. Copy in author's possession.
Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 .
Instrument of Designation of the Republic of Nauru as a Regional Processing Country Under Subsection 198AB(1) of the Migration Act 1958, para 13 .
See http://www.immi.gov.au/managing-australias-borders/border-security/irregular-entry/no-people-smuggling/_pdf/no-advantage-brochure-english.pdf (accessed 1 December 2013.
Letter of Advice from United Nations High Commissioner for Refugees to Minister for Immigration and Citizenship of Australia, 5 September 2012, http://unhcr.org.au/unhcr/images/120905%20response%20to%20minister%20bowen.pdf (accessed 1 December 2013.
Martin Bowles, Opening statement to Legal and Constitutional Affairs Committee, Supplementary Budget Estimates Hearing, 19 November 2013.
Senate Legal and Constitutional Affairs Committee, Budget Estimates Hearing, 27 May 2013. Unless otherwise stated, statistics are drawn from information provided by the Department for Immigration and Citizenship to the Senate Legal and Constitutional Affairs Committee, 27–29 May 2013.
Senate Legal and Constitutional Affairs Committee, 27 May 2013.
Senate Legal and Constitutional Affairs Committee, 28 May 2013.
Senate Legal and Constitutional Affairs Committee, 27 May 2013.
Senate Legal and Constitutional Affairs Committee, 28 May 2013.
Senate Legal and Constitutional Affairs Committee, 28 May 2013.
Senate Legal and Constitutional Affairs Committee, 28 May 2013.
In September 2013, shortly after the Coalition returned to office, the United Nations High Commissioner for Human Rights called on the Sri Lankan Government to institute a “credible” national inquiry into human rights violations (Alberici 2013).
Proposed amendments to Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012, Commonwealth Hansard , Senate, 16 May 2013, sheets 7349, 7350 and 7383.
Shortly after the 2013 federal election, UNHCR conducted a monitoring visit to Nauru and concluded that the processing regime constituted arbitrary and mandatory detention; did not provide a fair, efficient and expeditious system for assessing claims; did not provide safe and humane conditions of treatment in detention; and did provide for adequate and timely solutions for refugees (UNHCR 2013).
This is a very conservative estimate based on reports from the Refugee Action Coalition, http://www.refugeeaction.org.au/; and private communication with refugee advocate, Ian Rintoul, 10 June 2013.
Posted on the Nauru refugees' website, 1 December 2012, https://naururefugees.wordpress.com/2012/12/01/saeed-speaks-out/.
See photos posted at http://www.refugeeaction.org.au/?p=2165, 28 October 2012; http://www.refugeeaction.org.au/?p=2159, 28 October 2012; and video footage posted at http://www.smh.com.au/opinion/political-news/we-want-justice-view-from-nauru-20121121–29q24.html, 21 November 2012.
For example, a letter dated 17 October 2012 signed by over 150 detainees. Copy in author's possession; “Latest statement from Nauru refugees”, 29 October 2012, http://www.refugeeaction.org.au/?p=2184.
See http://naururefugees.wordpress.com/; and the Facebook site: http://www.facebook.com/ASYLUMSEEKERSINNAURU.
“Nauru hunger strike drags on”, ABC News , 7 November 2012, http://www.abc.net.au/news/2012–11-07/nauru-hunger-strike-drags-on/4358490.
Nauru Website post, 22 November 2102, http://naururefugees.wordpress.com/2012/11/page/4/.
Nauru Website post, 28 November 2012, http://naururefugees.wordpress.com/page/14/.
Nauru Website post, 30 November 2012, http://naururefugees.wordpress.com/page/12/.
Nauru Website post, 26 November 2012, http://naururefugees.wordpress.com/2012/11/page/3/.
S. 501(6)(aa)(i) Migration Act 1958 . For further discussion of this amendment, see Grewcock ( 2012a).
Article 1F(b) United Nations Convention on Refugees 1951 enables a State to refuse protection to a refugee who has committed a serious, non-political crime. The types of offences alleged against protesting detainees are very unlikely to fit into that category. See Gilbert ( 2003).
ABC Vote Compass, http://www.abc.net.au/news/2013–08-09/vote-compass-data-results-important-issues/4872896 (accessed 3 December 2013.
The Greens polled approximately 8.4 per cent of the primary vote in the federal election.