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The Forum > Article Comments > Malaysian solution and international law > Comments

Malaysian solution and international law : Comments

By Glenn McGowan, published 23/9/2011

No matter how the Malaysian solution is packaged using domestic law it will always be in breach of our humanitarian obligations.

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No point of return. This offensive to moral humane principles, the offensive toward international Law is illogical. That is before we mention this governments gamble or disrespect of Australias High Court.

This governments repugnant one-eyed stubborn vision negates alternative diplomatic skill to work in the long-term on the greater picture and harms Australia, the ALP as well as this Prime Minister beyond doubt.

I am dismayed that Prime Minister Gillard would press a policy such as this. "Swapping vulnerable people" as if they are commodities. [Fodder}. I believe Ms Gillard has the wrong end of the stick. Besides people smugglers, the ones that 'may' be rich belong to a wider phenomena, as do border issues of the drugs and sex-trade. Constituting long-term actions that deal with Crime Prevention and Poverty. The thing being ignored here is that War itself has two sides. Wherever there are guns, people caught between the conflict, terror and poverty will flee. Hence the manipulations of both crooks and geopolitics. It is so very nasty.

Clarke and Dawe discuss solutions to the immigration quagmire.

http://www.abc.net.au/7.30/clarkedawe.htm

That only thing that helps reflect the horror inbetween this mess.

UNHCR Assistant High Commissioner for Protection, Erika Feller, transcript from Sunday Profile.

http://www.abc.net.au/sundayprofile/stories/3314682.htm

http://www.miacat.com/
Posted by miacat, Friday, 23 September 2011 2:34:34 PM
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I like your conclusion, Glenn, a lot more than I like your reasoning.

Leave the ALP Platform out of it, for starters. It’s apropos of nothing: vague, nonbinding, changeable at will. It’s altogether unlike law. ALP members might (or might not) attempt to enforce it on other ALP members, but it’s not enforceable on Australia, full stop. Irrelevant.

You’re on stronger ground with the UN Refugee Convention. The prohibition against refoulement, forbids ‘expelling’ or ‘returning’ people classified as ‘refugees’ to places where ‘life or freedom would be threatened.’ Fair enough, but I think you know quite well that sending people to a bone fide refugee camp does not now, and never has, constituted refoulement. C’mon, that’s a no-brainer. If you don’t like the way Malaysia runs its refugee camps, you can complain to the UNHCR. They’ll tell you to save your breath, as they’re way too busy trying to lift their game in Somalia.

There IS a significant legal distinction between a ‘refugee’ and an ‘asylum-seeker whose claims have yet to be assessed’. Successful asylum-seekers may become refugees; they don’t automatically become citizens. Refugees may be required to live in properly constituted refugee camps pending relocation. Or repatriation, should conditions permit. Asylum-seekers awaiting assessment may properly be detained until their assessment is complete. You may ‘feel’ such detention or deportation constitutes a ‘penalty’, but I’m pretty sure you ‘know’ that, legally, that’s very far from the truth. The Refugee Convention proscribes ‘refoulement’; it doesn’t guarantee resettlement in the country of your choice.

Did anyone ever ‘turn leaky boats back on the high seas’? Never. Several were escorted back to Indonesia. None were abandoned, or put in harm’s way.

Was Nauru so ‘terrible’? That assertion is disrespectful. You want ‘terrible’, look at Somalia. Congo. Haiti. Not the refugee camps, but the places people leave because the refugee camp is better.

Will Gillard’s Malaysian Solution stop people-smuggling? I strongly doubt it.

Does your argument lead us to a better approach? Sorry, not close.
Posted by donkeygod, Saturday, 24 September 2011 1:28:43 AM
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The fact that these people have to be smuggled says it all. This is not relocating people displaced by war or any other thing , it is targeted tourism in the hope of staying. They have passed through several countries to get here, paying their way. Australia should have the right to refuse entry.
Posted by 579, Saturday, 24 September 2011 10:04:07 AM
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The Labor government should return to the pacific solution with both a proven track record that almost completely stopped the human trafficking and complied with the UNHCR Charter.
Posted by Shadow Minister, Sunday, 25 September 2011 7:21:27 AM
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Refugee supporters are supporting geNOcide.
They want the Third World to flood into White children's homes and only White children's homes.
Nobody is coming up with plans to move millions of non African settlers to Africa, non Asians to Asia or non South Americans to South America and give them special protections and privileges under the law.
Africa for the Africans, Asia for the Asians, White children's homes for everybody!
The anti Whites say we shouldn't be "monolithic" White societies anymore because Hitler might come back and kill six million Jews, really, they repeat that assertion like a mantra.
But they only worry that Hitler might come back to a White country so they have to make White children's societies less White in order to ward off his return.
Imagine telling a Nigerian that in order to stop another Jewish holocaust atrocity that he'd have to admit millions of Afghans, Sri Lankans and Iraqis and give them special rights and privileges under the law?
He'd realise immediately that you weren't talking about preventing a Nazi problem but that you were trying to trick him into accepting a final solution to the Nigerian problem.
Refugee advocates aren't acting in the best interests of White Children, our Nigerian man wouldn't accept that treatment of his children so why would a White Australian behave any differently?
Refugee advocates are dishonest, they say they are Anti Racist and want to stop Hitler from coming back, but what they really are is anti White, they use "Racism" as a cover story, and "Anti Racism" is just a code word for Anti White.
Posted by Jay Of Melbourne, Sunday, 25 September 2011 8:24:42 AM
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Naru was only good as long as no one contested it's legality. Pushing refugees on to New Zealand is a no brainer as well. A Govt; approved system is the only course of action. Abbott is putting Australia at risk of uncontrolled invasive action.
Posted by 579, Sunday, 25 September 2011 3:17:45 PM
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Glen McGowan

I am ashamed.

I am ashamed of not being able to escape the prison that this country has come to be: Place where the owners quarrel like thieves do at the sharing of the loot.

We are right to be scared of refugees. We don't want them people to do to us what we did to the ones who were here before us.

We are happy fighting among ourselves, in our Democracy, and the least thing we want is fighting stangers.

So, tow them and their leaky boats away, out to sea and let them drown. There!
Posted by skeptic, Sunday, 25 September 2011 3:40:19 PM
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Lest we forget!

Any prison has two prisoners.

The one in the cell and the one who has to watch the cell door.
Posted by skeptic, Sunday, 25 September 2011 4:43:30 PM
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Skeptic,
Normal people understand that two wrongs don't make a right but the people flooding White children's countries with non Whites don't accept that as true.
You're dealing with people who use one genocide to justify another, it's sick, Anti Whites are sick in the head.
The people flooding this country are perpetuating and compounding the Genocidal practices of the past because they're the exact same class of person as the "protectors" of Children in our past.
Exactly the same class of Liberals, Humanist "Christians", Socialists and "Reformers" stole the 50,000 Aboriginal children and the 300,000 White children from their parents, they don't care who they hurt as long as their holy mission is carried through.
Refugee advocates and "do gooders" are traitors, pure and simple.
I was talking to an Iranian guy the other day about what makes traitors tick, we agreed that the people running his former home and the ones at the top of my children's home are not like us, you could never make us do the things that they do, not for all the money in the world.
If you think there's a shred of difference between the Iranian regime and the Australian one then let's go try and topple them, we'll have an "Australian Spring" revolt.....they'd shoot us down like dogs.
Posted by Jay Of Melbourne, Sunday, 25 September 2011 4:44:37 PM
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Jay Of Melbourne,
I sympathise with your frustration of trying to make ostriches think while they continue to bury their heads in the sand.
There are Australians who will not be happy until they have been taken over by a crowd whose only aim is to ruin anything western except western commodities & weapons.
Posted by individual, Sunday, 25 September 2011 8:48:09 PM
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579,

But at least Nauru worked. Juliar has tho option of using Nauru and TPVs again, if she can swallow her pride.
Posted by Shadow Minister, Monday, 26 September 2011 4:57:36 AM
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Individual,
It's not so much that, I'm not anti immigrant I'm pro White.
The whole point of Third World immigration into White Children's homes is as a final solution to the problem of White children, the people who promote it have been consistent in their expression of exactly that wish.
The WW2 generation suffered through recession and war then when the gates of Auschwitz were thrown open by the Russians our grandparents were told that what lay beyond was the real reason they had to fight and die.
White countries = Auschwitz in the popular imagination, if White babies continue to proliferate one of them will grow up to be the next Hitler, this is the thinking behind massive Third World immigration into White children's countries.
Anti Whites believe that two wrongs make a right, that a final solution to the problem of White children is the only way to stop Hitler coming back, they say it all the time. "Never again" is their catch cry, anyone who disagrees with immigration is a Naziwhowantstokillsixmillionjews.
Posted by Jay Of Melbourne, Monday, 26 September 2011 6:42:02 AM
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Jay Of Melbourne,
Hmm, excuse my ignorance but to my limited knowledge I have heard of one white Hitler only but there have been & still are several black equivalents. Aren't they just as bad or is that different because they're not white ?
Anyhow, the malaysian solution wouldn't be a solution at at all, on the contrary. Malaysian fanatics leave all other religious fanatics in the shade when it comes to fanaticism.
To send boat people there at the risk of severe indoctrination & then let them into Australia is about the most idiotic proposal of them all. As I said, it's not a solution it's huge trouble in the making.
Posted by individual, Monday, 26 September 2011 8:14:42 AM
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This whole argument is based on faulty premises , anyone who goes to sea is at risk unless they have gills , so this great moral application for stopping the boats is BS , equally combing the sea to arrest them and then sending them to Malaysia we all know what Malaysians will do to each other so we don't need to ponder what they might do to Shri Lankins
put that idea in the immoral bin .

Most Australians would now have met these people and like me have concluded that they are definitely Human and terrific Cooks , every time I get some spare cash I jump on the rattler an hour and a bit later I am seated in a SL restruant , I like the PRESSED METAL PLATTER with the big glass of Lassi in the middle surrounded by mystical curries salad and veg!!
We need these people we need more of them what are we doing spending billions casting them away....we must be mad ?
Posted by Garum Masala, Monday, 26 September 2011 11:18:45 AM
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Garum Masala,
So immigration is beneficial because you have a better range of dining options?
You do realise that dieticians recommend avoiding commercially prepared Asian food?
Eating like an Asian is probably a good idea, if you eat what Asians actually prepare at home but we don't need immigrants to learn about an Asian style diet, ever heard of cooks tours or possibly cook books?
Hell, go and live with a Sri Lankan family for a few weeks, slip them a few hundred and ask for the low down on their cuisine, that'd be a win-win.
There are many benefits for all in cultural exchange but since Third world immigrants by and large assimilate into our culture the "enrichment" argument only goes so far...which is...err...not far at all.

Individual,
Kinda-Sorta.
I'm not here to comment on what non White people do in their own countries and if they commit crimes or cause trouble here it's the government's problem, blame them. Third World migration into White countries doesn't make my kids richer, safer or healthier, any benefits of such a scheme are purely intended for the migrants so why would I support it?.
I'm actually comfortable around non Whites because they view me as a White man, they talk freely and openly about Race and Racial Differences which is the way things should be.
Racial differences need to be discussed and good will developed by negotiation, not denied,swept aside and treated like something "dirty"
If there's another White person in the room when I'm talking to say, an African I'm waiting for the White to say something stupid like "Well we're all the same deep down" or "We all sleep lying down".
Vive le difference.
Posted by Jay Of Melbourne, Monday, 26 September 2011 2:49:22 PM
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