Of primary concern is the steady move away from any constraints imposed by international standards and norms. The problem, Alston asserts, is not only the precarious position in which Australians find their legal freedoms but the reduced credibility Australia enjoys with the international community and the weakened ability to invoke human rights in talks with our neighbours. Why would North Korea, Iran, Indonesia or any other nation be prepared to listen to Australia proselytise on international obligations when we so willingly ignore our own? The amendment to the Migration Act formally allowing the minister to violate the customary principle of non-refoulement is a striking example. It is perhaps preferable to view Professor Alston’s comments as a call to arms for all Australians to be vigilant about defending the rule of law and all it entails, rather than an obituary for a freedom once known.
Posted on: Thu, 11 Dec 2014 05:55:11 +0000
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