Government in Breach of Refugee Convention Over Island Excisions

[Oquist, Ben (Sen B. Brown)]

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Monday, 10 June 2002

Government in Breach of Refugee Convention Over Island Excisions

Greens Senator Bob Brown says the Government is breaching the United Nations
Refugee Convention by excluding vast areas of northern Australia from the
migration zone.

On Friday Senator Brown announced he would move to disallow in the Senate
next Monday the Government's move to excise all of Australia's northern
islands from the migration zone.

"It is a fundamental principle of international law that countries that are
signatories to conventions must uphold them throughout their borders,"
Senator Brown said.

"Article 16 of the Refugee Convention also grantees access to courts in the
host country. The Convention states 'that a refugee shall have free access
to the courts of law on the territory of all Contracting States.' and 'that
a refugee shall enjoy in the Contracting State in which he has his habitual
residence the same treatment as a national in matters pertaining to access
to the Courts, including legal assistance'

"Previous attempts by the Government to rely upon article 31 of the Refugee
Convention have been shown to be unsound as the Government's legislation
effectively discriminates against people depending upon their mode of
arrival. This is not allowed under article 31.

"The Opposition has to decide whether it will continue to aide the
Government in undermining international law.

"If the Senate doesn't stand firm against Mr Howard and Mr Ruddock,
excisions of parts of mainland Australia will be next'," Senator Brown said.

Further information: Ben Oquist 02 62773170 or 0419704095


Ben Oquist
Australian Greens Senator Bob Brown
02 62773170 ph
02 62773185 fx
www.bobbrown.org.au



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