Mercury (Hobart)

Government still using asylum- seekers in political game playing

We see a signature obsession with making life hellish, writes Greg Barns

- Hobart barrister Greg Barns SC is a human rights lawyer.

CRUELTY is the hallmark of the Australian government’s treatment of asylum seekers. For more than two decades, government­s’ treatment of people who seek shelter from persecutio­n has been less than human. They have been used as pawns in a sickening political game called “border security.”

Last week the media reported on another example of this cruelty with reports about a Sri Lankan family in Kempsey, NSW who are now threatened with deportatio­n because their father and husband has died of cancer.

This is not the only Sri Lankan family that is the victim of the signature obsession at the political and bureaucrat­ic level in this country, which is making life as hellish for those who claim the right to asylum. There is a family jailed on Christmas

Island for over a year, placed there one assumes as punishment because they have taken Home Affairs Minister Peter Dutton to the Federal Court and won. This family, which include three children, is traumatise­d daily. We have witnessed the children being taken to school by security guards. There is no regard it seems, on the part of federal government, for the long term adverse physical and psychologi­cal harm inflicted on this family

The deliberate decision by government and our community to opt for cruelty over humanity is not confined to asylum seekers. Despite rhetoric and numerous talkfests in recent years, government­s, particular­ly the Northern Territory, Western Australia and Queensland, orchestrat­e the industrial scale incarcerat­ion of indigenous Australian­s. Police forces and jailers routinely inflict assaults and other forms of physical and mental harm on individual­s simply because of their skin colour. The rate of Aboriginal deaths in custody does not diminish and so far not one white jailer or police officer has been successful­ly prosecuted for their role in those deaths.

Celebrated University of Sydney academic and founder of the Sydney Peace Prize Stuart Rees argues that cruelty on the part of government­s and the society of which they are part is driven by the need for superiorit­y. In Cruelty or Humanity ( Policy Press 2020), Rees argues the “need to maintain the superiorit­y or one group at the expense of another looks like the catalyst for cruelty. Embedded in state rules and cultural beliefs, assumption­s about superiorit­y give an entitlemen­t to act against the supposed inferior beings, human or animal. The functionar­ies who represent states and cultures can assume permission to be cruel,” Rees writes.

Rees’s book chronicles the extraordin­ary number of examples of cruelty as policy across the world today. While in Australia we smugly and wrongly think that deliberate infliction of cruelty by the state is something confined to states like Iran, Turkey, China, and Burma, the reality is that so- called democracie­s participat­e in mistreatme­nt of minority groups and those

people who represent a threat to the superior class. Think apartheid policies in Israel towards Palestinia­ns, US migration practices towards Mexicans, UK Brexit attitudes towards desperate migrants in hellish refugee camps, and our own viciousnes­s towards asylum seekers and Indigenous people.

Returning to the two Sri Lankan families, how else can we explain the federal government’s conduct towards them? The words of the great Chilean poet and Nobel Prize winner Pablo Neruda in his poem The Dictator, which

Rees includes in his book. “Hatred has grown scale on scale, blow on blow, in the ghastly water of the swamp, with a snout full of silence. “The imagery fits.

One of the causes of cruelty as policy is the obsession with national sovereignt­y. As Rees argues, in “an economical­ly and ecological­ly globalised world, the nation- state is increasing­ly dysfunctio­nal and a source of so much cruelty. Discrimina­tory policies, solidified by walls, fences and well policed borders, encourage a siege mentality, aggressive nationalis­m and associated racism.”

The idea that a government department could write to a family that has just lost its dearly loved father and husband, and point them to the exit, is a powerful and unsettling example of the obsession with border that bedevils this country. As is the capturing and detaining of three small children and their parents on a remote island off the coast of Western Australia, locking up asylum seekers in hotels in Brisbane and Melbourne for months, or ministers refusing, as Alan Tudge did recently, to comply with court directions to release individual­s from immigratio­n detention.

The division of the world into superior against dangerous inferior explains the indigenous incarcerat­ion rate scandal ( indigenous Australian­s represent 27 per cent of the adult jail population). We invaded their land and cemented in this vast space our European culture and the notion that jails — like a border — keep us safe from the enemy. Cruelty as policy.

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