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Senator Andrew Bartlett
Parliamentary Leader and Democrats Senator for Queensland
Australian Democrats spokesperson for Immigration and Multicultural Affairs

Dated: 20 April 2003
Portfolio: Immigration and Multicultural Affairs
Related: Human Rights (Domestic)



Senate to Challenge New Attacks on Refugee Rights

The Australian Democrats today vowed to challenge Howard Government plans to introduce new laws to bullet proof their heartless detention policy.

Democrats' Leader Senator Andrew Bartlett said the Democrats would attempt to block in the Senate any Government legislation aimed at undermining the ruling of the full Federal Court last week that found it was illegal to indefinitely detain asylum seekers who had exhausted their refugee claims but could not return home.

"We will not let the Howard Government bullet proof their heartless refugee policy," Senator Bartlett said.

"John Howard and Philip Ruddock are suggesting new laws only because they are not prepared to behave in a humane and legally acceptable manner.

"The Federal Court decision was based on the fundamental legal principle that people cannot be detained indefinitely without trial or charge. It is a basic legal right that the Government wants to tamper with."

Senator Bartlett said the full Federal Court decision, ruling the detention of Palestinian asylum seeker Akram al Masri unlawful, undermined the Government's practice of deliberately keeping people in mandatory detention as a warning for other overseas asylum seekers.

"There is little chance the Senate will allow this Government to change the law just because it loses in the courts.

"The Democrats have been very disappointed at the lack of commitment by Labor on this issue in the past, but we are fully prepared to maintain our leadership in fighting to ensure this Government treats asylum seekers in Australia humanely and legally," he said.

"What we are working against is Philip Ruddock and John Howard's gulag mentality whereby every asylum seeker is treated as a criminal."

Senator Bartlett said protests at Baxter Detention Centre at the weekend would have been better taken to Mr Ruddock's front door.

"The protests near Baxter actually allowed Mr Ruddock to lock as many as 10 people in solitary confinement for Easter," Senator Bartlett said.

"Mr Ruddock claims solitary confinement is the best way to manage people in detention, including those with psychological illness. Last week I visited the detainees and saw and heard of the horrendous suffering they were enduring in prison-like conditions. Mr Ruddock's callous attitude could be sustained by only the most stony-hearted politician.

"It appears Mr Ruddock is more worried about the cost of an overreaction by the police in dealing with the weekend protests than the humane treatment of people who have fled the absolute atrocities suffered in countries such as Saddam Hussein's Iraq."

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