Tuesday 26th of November 2024

desperate measures .....

desperate measures .....

The Opposition Leader, Tony Abbott, sought yesterday to defend his party's renewed policy of turning back all asylum boats at sea as the approach was attacked by the United Nations High Commissioner for Refugees, Indonesian authorities and a former naval chief as dangerous and breaching international law.

Expressing alarm at the Coalition's border protection stance, the UNHCR regional representative, Richard Towle, said: ''Any such blanket approach would potentially place Australia in breach of its obligations under the refugee convention and other international law obligations, and - as past experience has shown - is operationally difficult and dangerous for all concerned.''

Indonesia's police also questioned whether Mr Abbott's policy of using the navy to turn boats laden with asylum seekers back to Indonesia contravened international law, amid widespread disquiet in the country about the opposition's hardline position.

''As far as asylum seekers go, they fall under international law,'' said Saud Usman Nasution, the chief spokesman for Indonesia's national police. ''You can't turn them away. You have to hand them over for processing to UNHCR, just like Indonesia. We don't turn them away, we hand them to UNHCR for processing.''

The former chief of the defence force and head of navy under the Howard government, Admiral Chris Barrie, told ABC Radio it was not possible to ''mount an impermeable barrier at sea''.

''Irrespective of any government's policy, I'm sure our officers will act in accordance with international law and the safety of life at sea conventions,'' Admiral Barrie said. ''Policy can't override international law and cannot tell a commanding officer what decisions he must make at sea at the time.''

But Mr Abbott defended the Coalition policy, which he said had been acted on by the Howard government in 2001. ''The navy has done it safely before - no reason why they can't do it safely again,'' Mr Abbott said. ''I have full confidence in the professionalism of the navy to carry out the reasonable instructions of the elected government.''

The government had been seeking to strike a compromise with the Coalition to allow the processing of asylum seekers in Malaysia and Nauru and solve the border protection impasse, whereby boat numbers have surged since the High Court struck down offshore processing.

Mr Abbott said the Coalition had sent a letter to the Immigration Minister, Chris Bowen, last week, giving a deadline for the government to respond to the Coalition on certain issues before discussions resumed.

But before any meeting, the Coalition has highlighted its policy of turning back all boats, saying it will need to boost the navy and to travel to Indonesia to deliver the tough message.

Its immigration spokesman, Scott Morrison, said a Coalition government would ''fix things up on our side of the fence'' and expect the Indonesian government to ''do more'' to stop vessels.

Asked whether Indonesia would accept the forced return of boats, Mr Abbott said: ''The legal home of these vessels, Indonesian flagged, Indonesian crewed, Indonesian ported, is in Indonesia.''

A spokesman for the Indonesian President, Susilo Bambang Yudhoyono, declined to offer an opinion on the policy, saying his country did not intervene in Australia's political arguments.

But the spokesman, Teuku Faizasyah, said any solution on boat people had to be made co-operatively by regional countries.

In an interview in 2010, soon after Mr Abbott became Opposition Leader and began pushing his policy of towing back boats, Indonesia's Foreign Minister, Marty Natalegawa, told the Herald the idea was ''backward''.

The Prime Minister, Julia Gillard, said Mr Abbott's policy would ''put Australian lives at risk'' and senior naval officers had said it was risky.

Admiral Barrie said vessels must be seaworthy, navigable and the passengers in good condition before a boat could be turned around under international law.

Only two other countries are known to have pushed boats back - Italy sent boats back to Libya in 2009 and Thailand pushed Rohingya Burmese out to sea - and both countries have now stopped the practice.

Jakarta Slams Abbott Boat Plan

elsewhere .....

People will die. They died the last time the navy forced boats back to Indonesia and they will die the next. They have always died.

That's why the navy hates these operations and that loathing is deep in the DNA of the service. It goes back to the violent blockade carried out by the Royal Navy before and after the Second World War to prevent Jews reaching Palestine. Jews were trapped in Europe. Jews and sailors died at sea. The film is called Exodus.

After Tampa, Canberra ordered the navy to force back every boat to Indonesia. The admirals resisted. They told John Howard's people most of the boats were so unseaworthy they could barely make the outward journey let alone limp home again.

They reminded these civilian bureaucrats of the long history of desperate people compelling rescue by sabotaging their boats. They tried to explain the moral and legal obligation of every sailor to rescue those in peril on the sea - even in wartime. Howard was adamant: push back every boat you can, with rescue only as the last resort.

Boats were boarded by Australian sailors in violent altercations. Shots were fired across bows. Engines were sabotaged by asylum seekers. Hulls holed. Boats set on fire.

The fourth boat post Tampa slowly sank in front of HMAS Adelaide with Canberra ordering no rescue of the 223 men women and children on board unless and until they were in danger of drowning. Australian sailors eventually carried out a heroic, successful and entirely unnecessary rescue from the sea.

"If the Manly ferry was sinking out in Sydney Harbour, none of those people would have gotten wet," Bec Lynd, an able seaman on the Adelaide that day, told ABC TV's Q&A last year. "We would have been there in a flash."

That rescue changed her mind about the boats. She thought the navy was out there stopping terrorists but found herself giving first aid to women and their children. "We sort of felt like we were used as a bit of a political tool," she said. "To be put in harm's way and to put other people in harm's way when it isn't necessarily - it's not a nice position to be put in."

The death count began with the seventh boat. At least three on board died when it was successfully forced back to Roti Island off the coast of Bali. Survivors told Four Corners they were beaten with batons and sprayed in the eyes by Australian military personnel.

The 10th boat caught erupted in flames, endangering an Australian boarding party and leading to another heroic mass rescue in which two Afghan women drowned, several children survived by a miracle and Australian personnel were deeply traumatised.

By Christmas 2001, four boats carrying more than 600 people had been forced to return to Indonesia. Then the boats stopped. The strategy had proved highly effective. When a few boats reappeared in 2008, the navy kept going through the routine of asking them to sail away. They never did and weren't forced to.

But in April 2009 desperately foolish men on a boat stopped at Ashmore Reef took the sailors seriously and blew up the vessel, killing five Afghans and hideously burning dozens of others.

Asylum seekers shouldn't do this but they do. It's a fact of history. Desperate people take terrible risks. Tony Abbott knows that when he says he will turn every possible boat back to Indonesia. It certainly works. But do we think it's worth it?

Turn The Boats Back & People Will Die - Abbott Knows This

 

contemptible politicking .....

Strong anti-poker machine legislation never stood a chance once the gaming lobby was able to put its spin on the wheel.

Julia Gillard has been accused of betrayal for her inability to deliver to Andrew Wilkie the promised mandatory precommitment technology on all poker machines, yet her actions are the direct result of her having been betrayed by a man who once was one of her closest advisers.

In May, James Packer appointed Karl Bitar head of government affairs for his Crown casino business. Until a few weeks earlier, Bitar had been national secretary of the ALP since 2008. He previously spent nine years with the NSW ALP in various jobs, including 11 months as state secretary.

Although Bitar said his role with Crown included responsibility for tourism (read attracting Chinese gamblers to the casino) no one doubted that his principal role was to ensure the federal government did not deliver on its promise to Wilkie.

It was the mother of all betrayals: the man whose old job had been to keep Labor in power had now undertaken to sabotage the deal that kept the minority Gillard government in office. We can be confident that in figuring out how to achieve this, Bitar sought at least unofficial counsel from his old boss in NSW, former state secretary and now Assistant Treasurer and federal Minister for Small Business and Sport, Mark Arbib. (The two of them are so close that their ALP nickname was "Karl Marks".)

It took just eight months. Last Saturday, January 21, Gillard announced that the numbers were not there to enable her to deliver to Wilkie. As a result, he withdrew his support from the government.

How did this happen?

Two things were required: how to pressure Gillard into walking away from Wilkie's demands and how to ensure Wilkie's withdrawal of support would not bring down the government. The two were achieved in tandem.

On October 14, the Australian Financial Review revealed that a coalition of casino operators led by Bitar's boss, Packer, Clubs Australia and the Australian Hotels Association had precommitted $40 million to a massive grassroots campaign to target every NSW federal ALP seat to force members to pressure Gillard into splitting with Wilkie.

It was a threat, pure and simple, with gigantic money behind it. (Compare it to the $18 million spent by the Minerals Council against the government's original mining tax or the $30 million outlaid by the ACTU Australia-wide over several years to combat Work Choices.)

And the article's author, Pamela Williams, stated the role of Karl Bitar in the campaign "cannot be underestimated". Bitar's experience in marginal seats campaigning "makes him invaluable in the grassroots campaign" against sitting ALP members (at least some of whom undoubtedly won their seats when he was on their side).

No one in Canberra reading of this threat can have been in any doubt that the odds against the government surviving had suddenly grown very short.

It can hardly have been coincidence that four days after the article was published, the house speaker Harry Jenkins took the highly unusual step of entering into the public debate on poker machine reform, telling The Age newspaper, "There's got to be a time when government, on behalf of the overwhelming majority of the community, says 'no, enough's enough', because the overwhelming majority of the community are picking up the pieces."

Exactly how Jenkins was influenced to do what he did has yet to be revealed but five weeks later he resigned to return to the backbench and the Liberals' Peter Slipper became the Speaker, depriving the opposition of a vote and giving the government a buffer against Wilkie.

In retrospect, the Wilkie agreement was dead in the water that day, although Wilkie, as late as last week, could not bring himself to believe this. Nor could some members of the government, including Gillard, who continued until last Friday to try to persuade cross-benchers Tony Windsor, Rob Oakeshott and rebel Liberal Tony Crook to support Wilkie's demand for mandatory precommitment technology to be installed on every poker machine in the country.

Windsor and Oakeshott both insisted the precommitment technology be trialled before it is made law and they refuse to budge from that position.

In November, the grassroots campaign against the NSW MPs was proceeding - and causing a lot of grief. "It was a very clever campaign," one MP told me. "It targeted members, and left the government alone. I can handle any campaign but I did not like this one. It was all done through the prism of Wilkie. 'You're only doing this for Wilkie', people would say to me."

The campaign was comprehensive and meticulous, with meetings, rallies, flyers and well-prepared material about the cost to jobs and to community organisations of the alleged assault on clubs' revenue if precommitment was introduced.

Many MPs felt torn. Deborah O'Neill, member for Robertson on the central coast, supports little clubs like the one at Mooney Mooney which, she says, has "a sustainable business model of 50 per cent food, 30 per cent drinks, 20 per cent pokies". Unlike ClubsNSW, which she feels "is addicted to a business model of addiction". O'Neill, who as a former teacher has seen children coming hungry to school because the family's income has gone into the pokies, is also sceptical of some of the clubs' community involvement. "It's not much for a club to support a kid with a number 17 jumper when the kid with number 15's father put money through the pokies to pay for it," she says.

"For me the challenge was people's jobs versus people putting their whole wages through a poker machine," another NSW MP says. The campaign sufficiently unnerved the MPs that they went as a group to talk to Gillard's chief of staff. Some of them also met Gillard individually.

Meanwhile, Kevin Rudd, the man who when he was prime minister had made poker machine reform a federal issue which he referred to the Productivity Commission, was whispering in the ears of any MP who would listen that he was not encumbered by an agreement with Wilkie. "He's been a first-class bastard on this issue," said one of his cabinet colleagues this week.

The presence of Rudd in the campaign became another pressure on Gillard. She has become increasingly unnerved by her predecessor's relentless chipping away at her grip on the leadership.

Early in the new year, the government realised it had just five sitting weeks to meet Wilkie's May 8 deadline of having the precommitment legislation through both houses. It became urgent to test whether the commitment could be honoured. A week of frantic lobbying by the Prime Minister and her colleagues revealed that it could not.

So what were Gillard's options?

Some have suggested that she should have tested the legislation anyway but that has not been the form of this government. Any bill, be it on the Malaysia solution or mandatory precommitment, that was likely to fail has not been introduced. This is a minority government that does not want to lose on the floor of the House and risk venturing into no-confidence territory. You can hardly blame it.

Instead, the government will bring in legislation (which Wilkie will support) to tackle problem gambling through a variety of measures including requiring precommitment technology be installed on all poker machines, ready to operate if the trial supports it. The trial to be held in the ACT, starting next year, is seen by sceptics as merely a tactic to bury the whole issue.

"The clubs will ensure this fails," the Reverend Tim Costello told me this week. "Powerful vested interests can out-campaign anyone,'' he said.

ClubsNSW insists it supports the trial although the ACT clubs have yet to commit.

Minister Jenny Macklin, who is responsible for gambling reform, says, "My job is to design the trial. We'll get independent advice on how to run it. No way we are going to get a decent result if this is not a decent trial."

It is not encouraging that an earlier federal effort to trial the technology was stymied by vested interests.

In August, the Tasmanian Premier, Lara Giddings, suggested that the federal government run a trial of precommitment in her state. It would have been ideal, without the problems the ACT trial presents of leakage into nearby NSW towns and, had it proceeded, the results might have been ready in time to meet the Wilkie deadline. But then the Federal Group, the major operator of hotels in Tasmania including, crucially, Wrest Point Casino, refused to be involved.

The trial, its credibility and its outcome, has become the new battleground.

We can be sure that what remains of the $40 million war chest will be at the ready to steer policy in a direction that satisfies the gambling industry. Already the arguments are being sharpened ("it's a state issue", "precommitment is bad policy that does not help problem gamblers").

This is far from over.

Dice Loaded In Clubs Battle