PERTH — Thirty-six Vietnamese refugees at the Port Hedland detention centre began a hunger strike on October 25. They are protesting against changes introduced in the Migrant Legislation Amendment Bill number four, passed by the Senate on October 18, which deny the right to refugee status in Australia to anyone who has already applied for refugee status in a third country.
The Migrant Legislation Amendment Bill number three, due to be pushed through federal parliament before Christmas, will, in effect, legalise what was the illegal detention of refugees in Australia between 1989 and 1992.
Refugees aboard the Vagabond had applied for refugee status when they got to Indonesia and were subsequently detained at Galang refugee camp. The Indonesian government denied them refugee status. Three of these refugees later applied successfully for refugee status in Australia.
Enactment of this legislation will block others on the boat from gaining refugee status in Australia. Behind the bill is the assumption that the refugees had been properly and fairly assessed by the Indonesian government; in fact, many allegations of corruption involving bribes and sexual favours have been raised in regard to refugees there.
Now they have been denied refugee status in Australia, they possibly face the danger of being returned to the Galang refugee camp.
Greens (WA) Senator Christabel Chamarette told the Senate on October 18 that the denial of refugee status to those applying a second time "is clearly in breach of Article 14 of the Universal Declaration of Human Rights unless Australia is absolutely satisfied that a decision made about a person's application in another country was fair and proper".
The 1951 United Nations refugee convention states that individuals have a right to be assessed individually, according to the needs and danger facing them.
The two Greens senators and the Australian Democrats indicated that they would oppose the legislation. However, the combined support of Labor and Liberal ensured the bill's passage. Senator Sid Spindler, the Democrats spokesperson on law, justice and ethnic affairs, said that Labor and the Coalition "should hang their heads in shame".