Australia spends a great deal of money and political energy getting around its commitment as a signatory of what's known as the 1951 Geneva Refugee Convention. That convention requires us to offer a safe place in our midst to refugees, and a refugee is described as a person who demonstrates that he is likely to be persecuted in his own country because of race, religion, nationality, political opinion or membership of a social group.
The so-called Christmas Island solution is a blatant denial of at least the spirit of our commitment to the refugee convention, and while the Indonesian solution is not so clear cut it is hardly embracing our obligations.
There have been many cases of our denying the convention, and one that interested me especially followed the granting of asylum to 42 Papuans who arrived by canoe from the Indonesian province of West Papua in early 2006. I found Prime Minister Howard's reaction then amusing, if only because I had a mental picture of him realising with shock that there were several million more Papuans busily making canoes. "Do not imagine for a moment that we want you to come to Australia," he told them.
This week a senior Indonesian official quoted by Australian media reminded us of what the Oceanic Viking is all about when he said: "We have to be very strong in giving the message to the syndicates that Australia is a very tough country for them to enter and similarly Indonesia is not an easy country." We pay Indonesia to make it very tough. But why should Australia, a signatory country to the Geneva convention, want to make it very tough for refugees to get here?
The claim of 78 Tamils aboard the Oceanic Viking to refugee status is dubious, given that they have lived in Indonesia for five years and are leaving, by their own admission, to live in a rich country like Australia. There is also the fact that the Sri Lankan civil war has ended.
But individual boatloads and cases aside, Australia belittles itself by its use of escape clauses in and outright denial of the Geneva Refugee Convention. And given that we so often take the high moral ground, we mark ourselves as hypocrites.
Let us bring the farce to an end. We must admit that we no longer want to be bound by the refugee convention, and that will leave us free to develop a refugee policy that suits both our interests and our geographic position. First up, we can save a great many lives by stating unequivocally that we will not consider claims for asylum by anyone who arrives by boat. Should we?