HUMAN RIGHTS ALLIANCE MEDIA RELEASE:
THE UNITED NATIONS HAS NOT AND CANNOT ENDORSE THE MALAYSIAN SOLUTION.
It is the right thing to have occurred in that the 578 at Phosphate Hill Compound at Christmas Island Detention Centre, who have been segregated thus far, will not be sent to Malaysia. They are relieved.
The UN has not endorsed Australia's Malaysian Solution because it cannot even though it will assist in monitoring the program. The UN cannot controvene its own Charter and its own Conventions by ratifying an agreement between nations which is contrary to International Conventions ratified by one of its parties in this instance Australia.
Australia is committing $292 million to be misspent over 4 years and which shall escalate into a misspent of closer to half a billion during this time and especially when Australia does seek a propriety to ensure the safety and health of Asylum Seekers via throughcare. This cannot come cheaply if pursued.
It is not a matter of whether Australia could be legally in breach of various International Agreements by transporting from its shores those who have arrived as Asylum Seekers. It is a fact that Australia is in breach of the law. This is why the UN could not endorse the Malaysian deal. In fact, and rightly so, the Commonwealth can be legally challenged and sued.
If Asylum Seekers, who have been denied their right to have their status and applications considered in Australia, and who have been illegally transported to Malaysia, and if they are to be injured, wounded, traumatised or die in Malaysia then they or their families have every legal right to legally pursue and sue the Australian Government. Australia has admitted its duty of care with the fact of the $292 million commitment over four years and through various estopples, that is verbal agreements to Parliament and to the Australian public through spokespersons such as Minister Bowen to the Australian media in that Australia will ensure the safe care of Asylum Seekers in Malaysia.
If Asylum Seekers die in Malaysia their families can lay claim to they having died in Australian Immigration Custody, or as a result of Australian Immigration Custody or in the duty of care of the Australian Government, or as a result of the Australian Government.
As soon as the first Asylum Seeker is unlawfully transported from Australia to Malaysia and sets foot on Malaysian territory at that moment the Australian Government will have committed an international crime let alone a human rights abuse. Under Australia's commitment to UN Conventions Australia cannot abrogate its duty of care and responsibilities to Asylum Seekers who have sought refuge on our shores.
Nor can Australia abrogate or diminish its duty of care and obligations to Asylum Seekers by turning back Asylum Seekers who have reached our waters, nor by intercepting them at sea nor by turning back or to Malaysia Australia bound boats of Asylum Seekers.
Gerry Georgatos - PhD Law researcher, Australian Deaths in Custody.
Convener, Human Rights Alliance.
0430 657 309