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SENATOR AMANDA VANSTONE INTERVIEW - Wednesday 3rd May, 2006

THE GETUP AD:

CHILD: One, two, three, four.

VOICEOVER: Five years, five months and 20 days - the time an innocent child has spent in detention. Australians said, "This is wrong!" Together we decided no child fleeing persecution would be locked up. As you watch this, our Government has promised Indonesia it will change that law. Log on to: getup.org.au and tell our Government no child belongs in detention.

Authorised B Solomon, GetUp, Sydney.

GEORGE NEGUS: Senator, I presume that the GetUp commercial has been brought your attention which talks about the proposed changes to the Government's refugee policy. What do you think of it?


SENATOR AMANDA VANSTONE, MINISTER OF IMMIGRATION: Not much actually, but I am always grateful to live in a free country where everyone can express their views and in whatever fashion may choose, so fair enough.

GEORGE NEGUS: As I understand it we spoke to the GetUp people and they've had 10,000 hits already on their website so they reckon that their campaign against what you are proposing is going pretty well. 10,000 is not to be sniffed at.

SENATOR AMANDA VANSTONE: No, that's right. One person's view is not to be sniffed at. Everybody is entitled to have their view and people are entitled to have a different view from the view the Government has arrived at and they're entitled to express their view. I'm quite relaxed about that. That's the sort of country we live in.

GEORGE NEGUS: That is true. What they seem to be upset about is they thought there was last July an agreement that no children in particular will be placed in detention under your policies, now they say that this is reneging on the deal.

SENATOR AMANDA VANSTONE: Those arrangements related to Australian detention which includes of course Christmas Island and we live up to that. Those arrangements also indicated that we could make these sort of changes because the boats have stopped coming and that if there were a further influx, we may have to look at it, so as I say…

GEORGE NEGUS: These are the 42 refugees from West Papua that fall into that category, as a reason for considering. -

SENATOR AMANDA VANSTONE: No I don’t say it in that context, I simply say that at the time I think was clear that it related to Australian detention facilities. We can't make rules in relation to facilities and other countries. We can influence them but we can't make rules. We changed the rules in Australia.

GEORGE NEGUS: What are you saying here? I think that earlier in the day, you said that this means that Christmas Island is somewhere where you could not send children but Nauru is somewhere where you could. In other words we can lock up children, if you like, in detention centres on Nauru but not in Christmas Island or Western Australia, what are you saying?

SENATOR AMANDA VANSTONE: Well I am saying that in Australian territory the arrangements we made last year apply and that of course includes Christmas Island. It is a part of Australia’s territory, but Nauru is another country.

GEORGE NEGUS: In moral terms, let's take the politics out of it, even the legality out of it. Isn't that a breathtaking display ever hair-splitting? Why is it okay to put children in detention in Nauru but not in Christmas Island?

SENATOR AMANDA VANSTONE: Well we would prefer that there were no people in detention, that would clearly be my preference, but it is another country. I do not think that is spitting hairs, Australia is one country and Nauru is another, there is a fundamental difference.

GEORGE NEGUS: This is the Pacific solution plus one.

SENATOR AMANDA VANSTONE: You can describe it that way but can I put this proposition to you, we hope that we don't have to re-use Nauru. That’s what I very much hope and I think people who are considering the situation of women and children are quite entitled to do that - we of course want to have the best arrangements we can worked out with Nauru on Nauru if another boat arrives. But the whole purpose of this change is to ensure that Australia is not plagued with people arriving unlawfully and at the same time that if people do arrive unlawfully and they have an asylum claim that it is properly heard according to the rules.

GEORGE NEGUS: Offshore - not on Australian territory?

SENATOR AMANDA VANSTONE: People do not have a right to say where their claim will be heard. They have a right for their claim to be heard and they have a right if their claim is in the yes to protection, and we will live up to that.

GEORGE NEGUS: And are you absolutely sure that the UNHCR would agree with you that the spirit of the whole refugee agreement throughout the world is that if people come to Australia seeking political asylum, they expect their case to be heard in Australia not Nauru.

SENATOR AMANDA VANSTONE: Oh people want and expect things to be heard in Australia, I have no doubt about that. I have equally no doubt that the UNHCR is not in favour of our policy of off shore processing. They do not however put the proposition forward that we do not have people properly processed on Nauru.

In fact he outcome rates on Nauru for people processed by Australian officials and by the UNHCR case load, were roughly the same and those outcome rates for extremely high - in other words, on Nauru when we do the processing, it is of a very very fair application of the UNHCR guidelines.


GEORGE NEGUS: Let’s say that next week we get another 40 unauthorised people arriving, what happens?

SENATOR AMANDA VANSTONE: Well if people come without a visa, by boat, they could expect to be processed in Nauru if they had an asylum card. GEORGE NEGUS: In Nauru, immediately?

SENATOR AMANDA VANSTONE: As quickly as possible, yes. We would want the process to be dealt with as quickly as possible so that anyone that was entitled to protection and therefore got a yes on their protection visa claim, could be as quickly as possible found protection.

GEORGE NEGUS: What if they came here with the same claim as the people that you did grant those protection visas to, the 42. People who claimed they were fearful of persecution in West Papua at hands of the Indonesian military. You’ve suggested that these people are using Australia as a, I forget the term that you used..a point where they can actually make their protest?

SENATOR AMANDA VANSTONE: I will make a couple of points in response to that. First of all, each claim is dealt with individually. The decision on the 42 were not made on a blanket claim at all.

GEORGE NEGUS: What basis were they made?

SENATOR AMANDA VANSTONE: Individual claims by a individual people based on individual circumstances. Simply because someone makes a protest you can't say “that’s a stunt, they are just protesters”. They may well have a valid visa claim, as was the case with these 42 people. But equally because you decide that their visa claim is valid does not mean that you agree that everything they have said publicly is true.

GEORGE NEGUS: My understanding is that they all claimed, they feared persecution in the form of obituary arrest and detention, imprisonment, physical assault, torture or possible execution at the hands of Indonesian authorities in West Papua, what other reason would they come here for? That’s why they came here.

SENATOR AMANDA VANSTONE: Well I am not going to go into each of the individual claims partly because I haven't gone through each claim but also because the point that I have made to you is, I think the proper way to describe the manner in which these claims are decided.

GEORGE NEGUS: What if one of those 42 said that they wanted asylum here because they feared persecution, even death at their hands of Indonesian authorities in West Papua, isn't that Australia giving tacit agreement to their reason and therefore acknowledging what is going on there.

SENATOR AMANDA VANSTONE: Anyone who makes an asylum claim that is a valid claim and if it is decided in the yes, will get protection.

GEORGE NEGUS: But you see my point? If you signed off on their application for a protection visa, on the grounds that they claimed, that they feared persecution at hands of Indonesian military in West Papua, you are saying, “that must be going on.”

SENATOR AMANDA VANSTONE: You are trying to take an individual case and say therefore it must be happening across the board and that anyone that comes here is likely to have a successful claim, now that isn’t true.

GEORGE NEGUS: Senator can I ask you this, do you, as a politician of the Australian Parliament, do you believe that there are people in West Papua who are being persecuted but Indonesian military on political grounds and that is why some of them are wanting to come to this country?

SENATOR AMANDA VANSTONE: Well as I said the Indonesian government acknowledges that through their own human rights body that is in West Papua, that there are circumstances that caused concern but I am very keen for your listeners to understand that the acceptance of an individual claim or the acceptance that things can happen but shouldn't is not a judgment that they happen across the board in a state or territory or government at large. It comes back on each occasion to the individual claim. That is what is important. Each case is treated individually on its merits.

GEORGE NEGUS: Senator, thank you very much for talking to us.

SENATOR AMANDA VANSTONE: Pleasure.