“The
latest figures available show that the number of refugees of concern to UNHCR stood at 10.5 million
refugees at the beginning of 2011”, UNHCHR Website.[1]
For
many people living in the industrialized world such as Australia, the
statistics above can be unsettling. Firstly, refugees are often seen as a
‘disturbance’ to order and sovereignty. Secondly, refugees who are ‘different‘
are seen not only as a disturbance but also as a threat to host country’s
national interests.
Scholars
such as Emma Haddad believe refugees are perceived to be a challenge to the
sovereignty of state, which is thought as the main guarantor of order and ‘our’
way of life vis-a-vis other
peoples’ ways of life.[2] She also argues that the
fear of this ‘floating’ people is based on the idea that refugees upset the
pattern of certainty within the ‘citizen-state-territory trinity’ that our
modern state system has afforded.[3]
It
is important to note that this notion of state sovereignty and territorial
integrity only became the dominant discourse after the Westphalia Treaties in
1648.[4] The Westphalia Treaties
marked the shift from Respublica Christiana to a system of ‘separate, sovereign
states’.[5] Semi autonomous empires with
multiple identities and porous borders governed under a ‘universal’ papacy was
replaced by a system of secular, sovereign states without a supranational
authority to oversee them.[6] While in the old system
religions bound different peoples together, in the new system it is generally
the secular national vision of a state that determines who belongs to a state
and who does not.[7]
Haddad
uses France as an example.[8] France is imagined as a
state for those who share the vision of liberte,
egalite, and fraternite.[9] Those who come from outside France’s territory are assumed to have a
different vision and, therefore, ‘other-ed’.[10]
In this in this context, refugees fits this notion of ‘others’ since they are
not from within the confines of French borders and, therefore, presumed to be
different from normal French citizens in they way they think, behave, and
act. Haddad posits that this
reification of refugees as others vs the ‘normal’ citizens of the host country
serves to help host state assert their sovereignty and reinforce this
‘imagined’ national identity.[11] Haddad, therefore,
establishes that instead of constituting an aberration, refugees are an integral
component of our modern state system.[12]
Haddad’s
analysis is useful to explain why many countries are reluctant to welcome
refugees. However, since Haddad’s thesis depicts refugees and host states in a
hostile relationship, it is difficult to explain why certain refugees are more
welcomed than others. White Zimbabwean refugees in Australia, for example, were
not necessarily treated with the same suspicions and hostility in comparison
with Afghan refugees.[13] Similarly, in Australia,
there seems to be no brouhaha about visa overstayers who, mostly, come from
other Western countries such as the UK and the US.[14]
Perhaps, this is because they are seen to come from the same ‘civilization’
and, therefore, assumed to have traits like Australians or, at least,
compatible with the constructed identity of the Australian society. On the
other hand, Afghan refugees are seen not only as different but also dangerous.
Thanks to the global war on terror and the history of jihad and crusade between
Islam Middle East and the Christian West, the Afghans are one of those peoples
seen by many in the West as the enemy. This suggests that it might not be the
‘refugees’ status per se that constitutes the main problem. Instead, in
Australia’s case especially, it can be the demographics and sociopolitical tags
attached to the refugees which primarily shape the responses of the Australian
public and policies of the host state.
Indeed,
the differences between refugees and the mainstream Australian public is one of
the key defining features of the Australian refugee discourse. Gelber and
Mcdonald argue that recent asylum seekers in Australia are often represented as
possessing different values and characters from the Australian people.[15]In the Children Overboard
Affair, asylum seekers were depicted as morally bankrupt illegals who would
even throw their own children onto water to be rescued and given access to
Australia.[16] This is juxtaposed against
the image of Australians who believe in rule of law, fairness, and democracy.[17] In this case, it seems to
matter little to many Australians that an inquiry found the narrative used in
the Children Overboard Affairs to be untrue.[18]
All of these factors are often ignored and everything boils down to the idea of
‘those uncivilized boat people’ vs ‘us, civilized Australians’.
Once
the wall is erected, it becomes possible for the government to justify its
harsh treatment of asylum seekers and deflect any criticisms regarding its
failure to uphold international human rights norms on refugees and asylum
seekers.[19] In fact, the Howard
government, then, was able to use rhetoric on ‘exclusive’ state sovereignty to
garner further political support and justify its policies on asylum seekers.[20] This ‘exclusive’
sovereignty means the right to exclude those who are, essentially, unwanted.[21] In this case, those are
asylum seekers from Afghanistan and Sri Lanka mainly. It also means the right
of the Australian government to implement this policy without outside
intervention.[22] Against the backdrop of
this ‘exclusive’ sovereignty, criticisms from international and domestic human
rights organizations were dismissed as trivial ‘feel good’ matters in
comparison to fulfilling ‘real’ Australia’s national interests.[23] By this stage, sovereignty
and fulfilling national interests had become a concept that were left
unchallenged while ethical consideration was seen to be relevant only for the
‘ideologues and the naive’.[24]
I
support Gelber and McDonald in problematizing Howard regime’s interpretation of
sovereignty. Although understandable within the logics of pluralist English
school, the problem with this interpretation of sovereignty is that it does not
take realities into account. Sovereignty, in real international politics, is
not absolute. The Australian government insisted on absolute sovereignty for
its own territory yet it has been engaged in breaching the sovereignty of other
countries such as Iraq and Afghanistan. If an argument can be made to support
this type of obvious abrogation of sovereignty, the same argument can surely be
made to support Australia’s international human rights obligations to process
all asylums seekers regardless of their mode of arrival or nationalities. This
is even more so in the latter case because the Australian government has voluntarily
agreed to sign the Refugee Convention.
In principle, this means that it has voluntarily surrendered some of its
sovereignty to the international society. This does not have to be seen as a
negative thing. By relegating some of its sovereignty to the international
society especially in relations to refugees, the Australian government
contributes to the international order and stability of which it also enjoys.
It also contributes to the image of Australia as a responsible player in the
international system which, in turn, will boost Australia’s diplomatic
influence at the global level.
BIBLIOGRAPHY
De Almeida, J.M., ‘the Peace of Westphalia and the Idea of
Respublica Christiana’, IPRI, viewed
on 26 March 2012, http://www.ipri.pt/investigadores/artigo.php?idi=5&ida=29.
Gelber, K., and McDonald, M., ‘Ethics
and Exclusion: Representations of Sovereignty in Australia’s Approach to
Asylum-Seekers’, Review of International
Studies, Vol. 32, No. 2, April 2006, pp. 269 - 289.
Haddad, E., ‘The Refugee: The
Individual between Sovereigns’, Global
Society, Vol. 17, No. 3,
July, 2003, pp. 297 - 322.
Mickelburough, P., ‘Taxpayers Wear
Burden of 60,000 Illegal Immigrants’, Herald
Sun, viewed on 26 March 2012, http://www.heraldsun.com.au/news/more-news/taxpayers-wear-burden-of-60000-illegal-immigrants/story-fn7x8me2-1226200621996.
Anonymous, ‘Refugee Figures’, UNHCR, viewed on 26 March 2012, http://www.unhcr.org/pages/49c3646c1d.html.
Anonymous, ‘Timeline: Tampa to Children
Overboard’, ABC TV Blog, viewed on 26
March 2012, http://blogs.abc.net.au/abc_tv/2011/07/leaky-boat-timeline.html.
Anonymous, ‘Zimbabwe Crisis Exposes Refugee
Hypocrisy’, the Green Left, viewed on
26 March 2012, http://www.greenleft.org.au/node/22482.
[1] Anonymous, ‘Refugee Figures’, UNHCR,
viewed on 26 March 2012, http://www.unhcr.org/pages/49c3646c1d.html.
[2] E. Haddad, ‘The Refugee: The Individual between Sovereigns’, Global Society, Vol. 17, No. 3, July,
2003, pp. 297 - 305.
[3] Ibid., p. 298.
[4] Ibid., p. 300.
[5] Ibid., pp. 300 - 302.
[6] J.M De Almeida, ‘the Peace of Westphalia and the Idea of Respublica
Christiana’, IPRI, viewed on 26 March
2012, http://www.ipri.pt/investigadores/artigo.php?idi=5&ida=29.
[7] Haddad, p. 304.
[8] Ibid., p. 304.
[9] Ibid., p. 304.
[10] Ibid., p. 304.
[11] Ibid., p. 298.
[12] Ibid., p. 298.
[13] Anonymous, ‘Zimbabwe Crisis Exposes Refugee Hypocrisy’, the Green Left, viewed on 26 March 2012,
http://www.greenleft.org.au/node/22482.
[14] P. Mickelburough, ‘Taxpayers Wear Burden of 60,000 Illegal
Immigrants’, Herald Sun, viewed on 26
March 2012, http://www.heraldsun.com.au/news/more-news/taxpayers-wear-burden-of-60000-illegal-immigrants/story-fn7x8me2-1226200621996.
[15] Haddad, p. 298.
[16] Anonymous, ‘Timeline: Tampa to Children Overboard’, ABC TV Blog, viewed on 26 March 2012, http://blogs.abc.net.au/abc_tv/2011/07/leaky-boat-timeline.html.
[17] K. Gelber and M. McDonald, ‘Ethics and Exclusion: Representations
of Sovereignty in Australia’s Approach to Asylum-Seekers’, Review of International Studies, Vol. 32, No. 2, April 2006, p.
282.
[18] Ibid., p. 282.
[19] Ibid., pp. 284.
[20] Ibid., pp. 282 - 284.
[21] Ibid. pp. 270 - 274.
[22] Ibid., p. 271.
[23] Ibid., pp. 280 - 281.