23 September 2001
Human Rights and Equal
Opportunity Commission President calls on Parliament to suspend debate
on Migration Bills
The President of the Human Rights and Equal Opportunity Commission, Professor Alice Tay, today called on parliament to suspend debate on major amendments to the Migration Act until the ramifications of such amendments have been thoroughly examined.
Professor Tay said today: "I have serious concerns about the process adopted by the parliament in attempting to rush through hastily conceived legislation, reactions that are neither called for by the specific events on which they are based or in the light of wider, appropriate considerations."
She called on all parliamentarians to give regard to the potential human rights implications of the Bills.
Professor Tay has already raised her concerns about three Migration Bills that were before the Senate last Thursday.
" I understand the Government plans to unite several Migration Bills into one package to be debated by the Parliament tomorrow including one Bill that is being examined by a parliamentary committee. The parliamentary committee process is a more appropriate vehicle for assessing these Bills than the floor of the Senate."
The Senate Legal and Constitutional References Committee has received submissions and commenced hearings on the Migration Legislation Amendment Bill (No.6) 2001 - which will restrict the definition of persecution for refugees under Australian law - with further hearings planned for October.
"I am concerned
that a restrictive refugee definition proposed in this Bill will endanger
people genuinely at risk of persecution," said Professor Tay. "Any
legislation that proposes to weaken legal rights of vulnerable people
must be open to full debate and consideration. It is crucial that this
Bill receives proper scrutiny for its impact on human rights. "
"Australia has a core legal obligation under several international
human rights instruments, not to forcibly return individuals to countries
where they face persecution or serious harm."
"Australia also has a specific obligation to protect refugee children. Some of those who arrive in Australia seeking protection are refugee children, who are protected from torture, and other cruel, inhuman and degrading treatment because of Australia's commitments under the Convention on the Rights of the Child. Children's lives, health and safety may be at risk if they are not protected by Australia."
"We have international obligations to refugees, but we also have a more fundamental obligation, as a fair and decent country to protect people who are at risk of persecution. We must not reduce our commitment to protecting the lives and safety of people who are genuinely escaping persecution from oppressive regimes."
Media contact: Janine MacDonald (02) 9284 9880 or 0408 469 347
