Image: Leader of the Greens Sen Christine Milne
THERE are no redeeming features of the Abbott Government’s confused and cruel asylum seeker policy.
It is a policy designed for domestic political purposes to generate unfounded fear in the Australian public, and to indiscriminately keep out of our country people who have often run for their lives from brutal, ruthless and dangerous regimes. These regimes often criminalise homosexuality, making it impossible for many to live or be accepted by their families and communities let alone achieve their full potential.
This is worsened by the Abbott Government’s policy of secrecy and deception. It is a policy that deliberately breaks the will of people who make the treacherous journey to Australia with the hope of a safer life.
The Greens are deeply concerned by Prime Minister Abbott’s policy of sending LGBTI asylum seekers to countries where homosexuality is illegal, and by reports that they have been threatened with being handed over to the authorities in those countries if they contravene detention centre rules.
Amnesty International’s report This is Breaking People documents some of the oppression, mistreatment and fear experienced by LGBTI people being processed in Papua New Guinea.
Same-sex acts between men are illegal in PNG. While other sexual acts are not mentioned in the Criminal Code, it is difficult to imagine how lesbian, bi, trans or intersex asylum seekers could feel safe and secure in a country that can imprison men for up to three years for engaging in sexual acts together. It is even harder to imagine how those
seeking asylum on the grounds of their sexuality could be reasonably expected to live in a country that criminalises same-sex sexual conduct. This alone is appalling and likely to constitute refoulement under the Refugee Convention.
Amnesty’s report highlights that the discrimination and mistreatment experienced by LGBTI asylum seekers extends beyond PNG’s Criminal Code. There are reports that staff at the detention centre have been instructed to report any same-sex sexual conduct to the PNG police (despite the fact that reporting is not mandatory), that sexual activity is prohibited and condoms are forbidden – measures that put the safety and well-being of asylum seekers at risk.
Amnesty’s report also includes testimonials from LGBTI asylum seekers that their fear of being persecuted had led to some of them changing their asylum claims and that harassment occurs within the detention centres.
On a human level, it is unforgivable to take persecuted, vulnerable people who have fled their home countries because their sexuality makes living there unsafe; and then lock them up in a country that incarcerates men on the basis of their sexuality. This persecutes them again.
Amnesty’s report describes asylum seekers who cannot sleep and are anxious and scared because of the hostile environment in which they have found themselves. We know that indefinitely detaining anyone is effectively sentencing them to a raft of mental health problems in the future. To go further and imprison LGBTI asylum seekers in a country that criminalises homosexuality, as the Abbott Government is doing, can only be described as inhumane.
We must never become complacent about discrimination and persecution. It is only 16 years ago that Tasmania decriminalised homosexuality, ending the 21-year jail term that applied until that time but many people are still living with the legacy; scars of fear, rejection and cruelty. How much will it be for people who, out of fear and hope have left their families, homes, culture and country in search of a life in which they can be free to be who they are – only to then find themselves alone and faced with prison and indefinite persecution.
PM Abbott and those on any side of politics who support this policy must be held responsible and accountable now and into the future. Justice demands no less.
Senator Christine Milne tweets under @senatormilne
RELATED:
Scott Morrison silent on LGBTI asylum seekers
LGBTI movement must think beyond national borders – Dennis Altman
Intersecting LGBTI and refugee rights – Senthorun Raj
The same selfish and factually incorrect responses I see. I hope none of you are ever in a position where you may have to leave your country due to persecution. Ignorance is bliss.
these people are coming here illegally and have no basis for claiming refugee status have you even read the convention or do you just pick and choose what you like. It calls people illegal entry in the convention but says there claim should still be assessed (note they are still illegal). AS LONG AS THE COUNTRY IS CLOSEST. Last time i checked we are a long long way from iran or whatever other muslim country they come from but irrespective of that the convention states they we dont have to asses there claim if not closest country. can you read DIRECTLY FROM last time i checked not one of these people came directly from iran to australia
Article 31 of the Convention and Protocol relating to the status of refugees states
Article 31
refugees unlawfully in the country of refugee
1. The Contracting States shall not impose penalties, on account of their
illegal entry or presence, on refugees who, coming directly from a territory
where their life or freedom was threatened in the sense of article 1, enter or
are present in their territory without authorization, provided they present
themselves without delay to the authorities and show good cause for their
illegal entry or presence.
If the so called refugees are coming in by boat then they are the lucky ones that have some money to pay for their passage. They then get hear and start rioting, start fires, destroy millions of dollars worth of property which at the end of the day the hard working australian taxpayer has to pay for. The government needed to do something to stop the type of people coming to Australia. By the way I despise the Abbott government and the Qld LNP government. Then what about the real refugees who have no money to pay their way illegally,theyn have to wait in line before being granted permission. They are prepared to do the hard yards to get approval. The Greens are soft, they need to take a spoonful of cement and harden up and stop getting on the bandwagon for Illegal Imigrants (amongst many other things)