Hi Tim,
Surely it is terrible that a government would return someone to a place
where they claim they were tortured without first ensuring that any such
claims are false.
Of course there will be false claims made to delay deportation, but that is
the price we pay for seeing justice is done.
Just because Kerry Packer challenges the Tax office in court and
subsequently pays no tax, that does not mean the tax laws should be changed,
so that nobody is able to challenge the Tax Office.(this is not a great
comparison, but it is a case where someone misuses the system to achieve an
undelared end---i.e. to pay no tax while pretending to argue for tax
justice.
Anyone who earns enough to have $35m to lose gambling, surely should have
paid some tax under the current laws.
He has misused the system to achieve his own ends, as have the refugees who
claim they were tortured to extend their stay in Australia.
As I say, Howard has not rushed to deny access to the courts for those who
may claim they have been wronged by the tax commissioner---why should we all
pay for the misuse of the system by the likes of Packer---why should all
refugees pay for the the misuse of the system by some?
Laurie
Laurie and Desley Forde
Email. [EMAIL PROTECTED]
Without a treaty, which spells out the obligations and rights of both
parties, there can be no Reconciliation in Australia----Geoff Clark.
--------------------
----- Original Message -----
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, September 06, 2000 9:06 PM
Subject: Re: [recoznet2] Re: The Canberra Times: Row over protocol on
torture victims
> Brooke wrote, referring to the article below:
>
>
> >This is really terrible!
>
>
> My question is, why? I am showing my ignorance of the protocol in
question
> but would appreciate if someone could explain its function and therefore
why
> the govt's behaviour is terrible - I don't find any self-evident
explanation
> in the article below at all. I'm inclined to think that nearly everything
> this gov does is terrible and generally I know why, but not in this case.
> Anyone help? Brooke? How does it work?
>
> Thanks
>
> Tim
> ==============
>
> Row over protocol on torture victims
>
> By ROSS PEAKE
> Political Correspondent
>
> Australia is considering withdrawing from another United Nations
> convention - on torture - and might deport illegal immigrants before
> their claims of torture are heard.
>
> However, the Department of Foreign Affairs and Trade has warned
> the move would be an overreaction which could damage Australia's
> credibility.
>
> The two-pronged government strategy is in response to what it
> says
> is abuse of the system to delay deportation.
>
> It was revealed as Prime Minister John Howard left yesterday for
> the
> United Nations Millennium Summit in New York, saying he would
> defend Australia's downgrading of cooperation with UN committees.
>
> The Government will veto nearly all visits by UN human rights
> investigators in response to what it says is unjustified criticism and
will
> not sign or ratify a protocol to the Convention on Eliminating all forms
> of Discrimination Against Women.
>
> Mr Howard said he would not be embarrassed explaining his decision
> to UN Secretary-General Kofi Annan because Australia was a
> founding member of the UN and was keen to work with the
> organisation.
>
> The row over torture victims blew up from departmental
> correspondence leaked to the Labor Party.
>
> Opposition Leader Kim Beazley said Immigration Minister Philip
> Ruddock's departmental secretary wrote to his counterpart in Foreign
> Affairs and Trade last October advocating Australia's withdrawal from
> the complaints process of the convention against torture.
>
> DFAT replied the withdrawal could been seen as an overreaction
> because of the small number of people using the complaints
> procedure.
>
> "Given the leading role Australia has taken on treaty body reform,
> withdrawal would damage our credibility and undermine our reform
> efforts," DFAT said.
>
> "It might also be perceived, both domestically and internationally, as
> demonstrating a lack of commitment to human rights and subject
> Australia to criticism from non-government organisations and the
> wider community.
>
> "Since there have been only seven cases brought against Australia
> under this process in the seven years Australia has been a party to
> the procedure, of which only one has been decided adversely,
> withdrawal might be regarded as a disproportionate response by the
> Australian government.
>
> "Consequently DFAT would not be able to support such a step."
>
> Mr Ruddock said the complaints system was being abused, resulting
> in delays of up to two years in deporting illegal immigrants.
>
> "So far as this government is concerned, if people are making
> manifestly unsound claims and we are asked by the complaints
> mechanism to withhold removal, we will no longer automatically
> accept that recommendation," he said.
>
> People use the process, which seeks ministerial discretion if there are
> claims under the torture convention, after they have been through
> the refugee process and before the courts.
>
> Mr Ruddock said one person who had used the system had been
> found to have no credibility and 18 people were now pursuing similar
> claims.
>
> He said Holland and Canada had refused to accept advice from the
> complaints mechanism and had removed nationals making those
> complaints. A parliamentary inquiry has found detention facilities for
> illegal immigrants were professionally run with adequate facilities for
> inmates.
>
>
>
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