Labor abandons its 'small' Excision Zone

1. Before the ALP 2004 Conference

"Remember, all ALP state branches voted to remove the excision of Christmas Island from Australian territory. [Carmen Lawrence MP] is now the leader of those members and supporters, and many may be galvanised by her stand to hang around and keep fighting or return to the party and get active. The next battleground is the ALP's national conference."

Margo Kingston, Sydney Morning Herald, December 6, 2002: "Why Carmen chose to fight on"

2. The 2004 ALP Policy Conference

Mark Hearn: Enduring Labor Values?

Report of the 43rd ALP National Conference
Sydney
29-31 January 2004

Shadow Immigration Minister, Stephen Smith, introduced the debate on asylum seekers by outlining the reforms to Commonwealth policy the parliamentary leadership recommended to conference which sought to balance the conflicting pressures of principle and public opinion: all children to be released from mandatory detention; Christmas Island, 'a magnet for people smugglers', to remain excised from Australia's migration zone, although other islands closer to the mainland excised by the Howard Government would be restored to the migration zone; an end to the disgraceful 'Pacific Solution'; Temporary Protection Visas (TPVs) to be made consistent with the UN Refugee Convention and restricted to two years - after which the onus was placed on the Commonwealth to prove that the asylum seeker was not entitled to permanently remain in Australia; mandatory detention for 'unauthorised arrivals' would remain but the Commonwealth would have to decide the asylum seekers' refugee status within 90 days, in most cases, and all claims within 12 months. It was Labor's intention, Smith, argued, 'to stop demeaning people who come here seeking our protection'.

In response, Carmen Lawrence argued that the policy of mandatory detention, introduced by the Keating Government in 1992, had failed. Australians should not fear the few refugees that arrived on our shores. Lawrence, outlining the measures supported by Labor for Refugees, said that asylum seekers should be subject only to a brief period of detention for health and security checks. Christmas Island was part of Australia and should be restored to the nation's migration zone; TPV's should be replaced by permanent protection visas. The policy proposed by Smith was still too close to the Howard Government's position. Lindsay Tanner supported Lawrence's amendment and said that Labor had to break with Howard's strategy of 'fomenting racial division and fear for political gain'. Matt Collins of Labor for Refugees said that Labor's revamped national conference promised rank-and-file participation, but the proposed policy did not deliver participation or reflect the views of the rank and file. Julia Gillard rejected the comparisons between Labor and the Howard Government's policies: no element of the recommended policy, which was consistent with the UN Refugee Convention, was racist. Acknowledging the electoral sensitivity of the refugee issue, Gillard observed that 'we have to draft a policy that can win public support'. The vote on the Lawrence-Tanner amendment was taken to a count and was lost 166 for, 226 against. The measures outlined by Smith were adopted as Party policy.

http://www.historycooperative.org/journals/lab/86/hearn.html

3. The 2007 ALP Policy Conference

Australia's great shame on refugees

The Age
Robin Rothfield
August 26, 2006
On our website here

[....]

Labor for Refugees was very active in promoting its more humane agenda at the 2004 ALP national conference and this led to significant improvements compared with the then Government policy in relation to, first, children not being kept in detention centres, and to 90 per cent of refugee claims being determined within 90 days, and an end to the Pacific Solution.

But there were three areas in which the national conference adopted policy contrary to the submissions of Labor for Refugees.

These were the continued excision of Christmas Island, Cocos (Keeling) Islands and Ashmore Reef from Australia's migration zone, with the effect that it would not be possible under Australian migration law to process asylum seekers reaching those places by boat; the continuation of mandatory detention (Labor for Refugees' policy was for a brief detention solely for the purpose of checks on identity, security and health); and the continuation of the system of temporary protection visas for boat arrivals who qualified for refugee status. [Source]

[....]

Excision; Temporary Protection Visas (TPVs)

Tony Burke MP
[At the time] ALP Shadow Minister for Immigration
Speech to ALP National Conference
27th April 2007

Thank you, delegates.

I support the amendments moved by Duncan Kerr and John Sutton but cannot support the last amendment just moved then by Avis Meddings.

Delegates, no one should see our position on the excision of Christmas Island, Cocos (Keeling) and Ashmore Reef as being some triumph of pragmatism over principle.

Wanting to stop a repeat of SIEV X is good compassionate policy. Wanting to make sure that we do not create an environment again where you get the numbers 146, 142, and 65. The number of children, the number of women, the number of men who drowned on that vessel and making the mistake where that vessel was heading.

It was heading from Indonesia, in the opposite direction to the rest of Australia because, due to an accident of colonial history, Christmas Island was close and it was in Australia's migration zone.

The reason I gave at the beginning of this debate for us getting rid of the policy of TPVs was because that policy encouraged people to put their lives at risk on the high seas. We didn't know it at the time we supported it, but the results are now in.

The results are now in and show that when the TPV policy was introduced, the number of people putting their lives at risk on the high seas went up. But the results are also in that when that number plummeted completely coincides with the when we supported the excision of Christmas Island, Ashmore Reef, and Cocos (Keeling).

The Government has gone on with some crazy ideas since then. They have excised a further 3000-4000 islands. We would return them to the migration zone because these arguments don't apply to that.

Last year the Government tried to excise the two islands that were left. One is called Tasmania. The other is called the mainland. And Labor was right to oppose that because this argument didn't apply.

But for Christmas Island, Cocos (Keeling) and Ashmore Reef, we should not pretend that we are not taking the compassionate option. It is good Labor policy to try to make sure that people come here in a way that is safe.

Any policy that encourages people to put their lives at risk on the high seas, no matter how well intentioned, it is one that we are right to oppose and I urge the conference to oppose that amendment.

http://www.alp.org.au/media/0407/speimm271.php

Left to create China crisis for Rudd

The Australian
Steve Lewis and Cath Hart
April 12, 2007

KEVIN Rudd faces a potentially embarrassing push from Labor's Left to oppose a China free trade agreement amid concerns it will cost thousands of manufacturing jobs.

Labor's commitment to tougher migration laws is also likely to be challenged by a pro-refugee ginger group at the ALP's national conference later this month.

The twin challenge to Mr Rudd's preferred policy platform comes as senior Left figures continue to build support for their push to retain the ban on new uranium mines.

[....]

The Australian understands that immigration spokesman Tony Burke may face resistance to retaining a policy of excising Christmas Island, Ashmore Reef and the Cocos Islands from the migration zone.

Senior Labor sources said they suspected the Labor for Refugees group would oppose retaining the policy.

Labor for Refugees spokesman Danny Faddoul said the group was still deciding how to amend the policy on the excision zone.

[....]

http://www.theaustralian.news.com.au/story/0,20867,21542593-2702,00.html

3. Confirmed at Conference 2007: ALP Policy

Immigration: a Link to Australia's Future Growth

From the ALP website > ALP National Platform and Constitution > Chapter Thirteen - Respecting Human Rights and a Fair Go for All

143. Labor will ensure immigration levels are set within the framework of a population policy fashioned in Australia's interest and consistent with international and humanitarian commitments. The system of setting immigration targets year by year without any underlying rationale or long-term policy framework has contributed to declining public confidence in the program. Moving to long-term planning will achieve greater stability and confidence.

144. Labor is committed to maintaining a non-discriminatory immigration policy. Labor recognises the economic and social contribution that has been made by immigrants and refugees throughout our nation's history. Labor regards Australia's diversity as a source of national strength and nation building and will consistently oppose those who seek to poison Australia's social cohesion and who foster extremism, hatred or ethnic division.

145. Labor will ensure that the current system and criteria for granting visitor visas is addressed and that a more equitable, flexible, fair and non-discriminatory system is implemented while at all times maintaining the integrity of our immigration program.

146. Labor believes in an orderly immigration system, a system based on the rule of law, a system of integrity in which the Australian people will have confidence and trust.

147. For the Australian people to have confidence in the administration of our immigration system, it must be built upon rigorous procedures and processes, which protect our national interest and our national borders.

148. We must also treat individuals fairly and with dignity. To treat individuals fairly requires that they are dealt with in a speedy and efficient manner, where decisions are based on fair procedures and subject to appropriate review.

149. Protecting our national interest and our national borders requires zero tolerance for people smugglers, who will be subject to harsher penalties to deter their activities and stop unauthorised boat arrivals.

150. It is also in our national interest to conduct ourselves as a good international citizen, to do our fair share for those who are subject to persecution and who need protection.

151. Labor will ensure that our borders are secure and that the processing and detention of asylum seekers is fair.

152. Labor will administer a fair and flexible refugee and humanitarian program. While acknowledging that Australia has one of the world's most generous humanitarian programs, Labor will ensure that unforeseen world events that necessitate special responses can be accommodated. Labor will examine immigration intake consistent with a population policy for nation building and will work with regions seeking population growth to find options to assist additional immigration. Labor will ensure that Australia's non-refoulement obligations under international law are met.

153. Labor's refugee and asylum seeker policy will be based on the following principles:

     • In accordance with the core Australian principles of fairness and decency, when people flee persecution and reach Australia the persecution must end.

     • Labor will ensure that all asylum claims must be processed fairly, independently and free from any political or diplomatic interference.

     • Australia should comply with the letter and the spirit of the obligations Australia has voluntarily assumed by signing the Refugee Convention and other relevant international instruments.

     • Labor will seek to lead world debate on the new agreements and understandings required to ensure that the Convention and the international protection system function effectively over the long-term, including encouraging countries in our region to become signatories to the existing Refugee Convention.

     • Labor will develop further multilateral solutions, recognising the importance of regional neighbours, with the aim of eradicating people smuggling, deterring secondary movement and enabling refugees to access processing and appropriate settlement outcomes.

     • Australia should seek to eradicate people smuggling, which is an organised criminal activity that costs lives, by effective law enforcement as well as relevant international agreements.

     • As a matter of fairness, Australia should seek to assist the world's most vulnerable whether these people are within or beyond our immediate line of sight.

     • Australia should take its fair share of refugees for resettlement and contribute a fair share to international aid efforts and UNHCR to alleviate the pressing humanitarian needs of displaced persons.

     • Asylum claims made in Australia should be assessed in a manner which is both fast and affords procedural fairness. Those found to be refugees under the Refugee Convention should be provided with appropriate settlement outcomes and services, while those without successful refugee or humanitarian claims should be quickly returned.

     • Detention of asylum seekers should only be used for health, identity and security checks. Children and family groups should initially be placed under supervision within the community. In other circumstances, detention would remain mandatory for the duration of these initial check.

     • Conditions of detention must be humane and appropriate to the needs of asylum seekers, with appropriate alternatives to detention centres made to meet the needs of unaccompanied children and family groups.

     • The length and conditions of detention must be subject to review and detention centres managed by the public sector.

154. Labor will end the so-called "Pacific Solution", with its huge cost to Australian taxpayers.

155. Labor recognises that the arbitrary 45-day-rule results in legitimate asylum seekers on bridging visas being unnecessarily denied the right to work while their claim is being processed. It also prevents immigration officers from denying work rights to frivolous claims lodged within the 45-day-period. Labor will work to develop guidelines based on merit so that frivolous or vexatious visa applications will be denied those rights, instead of applying an arbitrary 45-day-time limit.

156. Labor will process claims quickly through a new Refugee Determination Tribunal, with appeals to Federal Magistrates.

157. Labor will create an Australian Coastguard to strengthen our borders, increasing Australia's capacity to prevent illegal fishing and smuggling operations. Labor will implement harsh penalties for people smugglers, including life sentences for the worst of the people smugglers while pursuing strong international and regional arrangements to deter secondary movements of asylum seekers.

158. To further deter people smugglers, Labor will continue the excision of Christmas Island, Cocos (Keeling) Islands and Ashmore Reef from Australia's migration zone.

159. Labor will administer a fairer and more balanced immigration program. The ratio of skilled to family migration will be tailored to meet Australia's needs.

160. Labor will review the current asylum seekers' appeal mechanism to ensure that its decision making and operation is both cost efficient, fair and consistent. While the rights of asylum seekers to seek judicial review must be maintained, it is important that a streamlined and more formal system of appeal is instituted to provide a better filter and alleviate the higher courts' immigration caseload burden.

161. Asylum seekers who are independently determined to be refugees under the Migration Act 1958 will be given permanent protection.

162. Labor will maintain the Temporary Humanitarian Visa for situations where temporary safe haven is required.

163. Labor will ensure that adequate resources are allocated to Australia's overseas immigration posts to liaise and maintain relationships with local authorities to prevent or minimise illegal immigration. The dangers facing people undertaking this dangerous activity will be emphasised and information on Australia's refugee programs made available. Labor will also ensure that close political and diplomatic relations are maintained with all countries where known people smuggling operations exist and where there is a high incidence of illegal immigration.

164. Labor will ensure that the highest level of service and coordination is restored and adequate resources are provided to organisations that assist in the settlement and counselling of newly arrived migrants and refugees, recognising the value of volunteer contribution in these areas whilst not exploiting their goodwill.

http://www.alp.org.au/platform/chapter_13.php#13