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Is the asylum problem a 'national emergency', as Tony Abbott says? Is the asylum problem a 'national emergency', as Tony Abbott says?
(2 months later)
The leader of the opposition, Tony Abbott, unveiled the Liberal party’s new asylum seeker initiative, Operation Sovereign Borders on Thursday. The plan is aimed at “streamlining” border control into a single command structure, headed by a three-star general who will report to the immigration minister. The Australia Defence Association has already raised constitutional concerns about the plans, but Abbott’s description of “the crisis on our borders” has been widely reported as well.The leader of the opposition, Tony Abbott, unveiled the Liberal party’s new asylum seeker initiative, Operation Sovereign Borders on Thursday. The plan is aimed at “streamlining” border control into a single command structure, headed by a three-star general who will report to the immigration minister. The Australia Defence Association has already raised constitutional concerns about the plans, but Abbott’s description of “the crisis on our borders” has been widely reported as well.
This “crisis”, in Abbott’s opinion, involves the tens of thousands of irregular maritime arrivals and hundreds of deaths at sea under the Labor government, described by Abbott as a “national emergency” during the policy announcement.This “crisis”, in Abbott’s opinion, involves the tens of thousands of irregular maritime arrivals and hundreds of deaths at sea under the Labor government, described by Abbott as a “national emergency” during the policy announcement.
But just what is a “national emergency” in Australia? Does irregular maritime migration really constitute one? Or was the phrase simply political hyperbole?But just what is a “national emergency” in Australia? Does irregular maritime migration really constitute one? Or was the phrase simply political hyperbole?
Defining 'emergency'Defining 'emergency'
The Attorney General’s Department is responsible for emergency management in Australia and a spokesperson for the department confirmed it held no definition for a "national emergency" held by the office. Therefore assessing Abbott’s claim is complex.The Attorney General’s Department is responsible for emergency management in Australia and a spokesperson for the department confirmed it held no definition for a "national emergency" held by the office. Therefore assessing Abbott’s claim is complex.
According to the concepts and principles in the emergency management document produced by the Attorney General’s Department, an emergency is defined as an “event, actual or imminent, which endangers or threatens to endanger life, property or the environment, and which requires a significant and co-ordinated response”.According to the concepts and principles in the emergency management document produced by the Attorney General’s Department, an emergency is defined as an “event, actual or imminent, which endangers or threatens to endanger life, property or the environment, and which requires a significant and co-ordinated response”.
Under this broad definition, the issue of asylum seeker deaths at sea could constitute an emergency. Although the government does not publish statistics on the number of deaths, the Border Crossing Observatory at Monash University produces an unofficial record of deaths at sea using a range of sources. According to these statistics, a minimum of 877 asylum seekers have died at sea since 2008. As such, each irregular maritime arrival event clearly constitutes an imminent or actual threat to life.Under this broad definition, the issue of asylum seeker deaths at sea could constitute an emergency. Although the government does not publish statistics on the number of deaths, the Border Crossing Observatory at Monash University produces an unofficial record of deaths at sea using a range of sources. According to these statistics, a minimum of 877 asylum seekers have died at sea since 2008. As such, each irregular maritime arrival event clearly constitutes an imminent or actual threat to life.
However, the wording in the document also seems to indicate the definition of “emergency” applies only to hazards faced by citizens of Australia, rather than those attempting to arrive as asylum seekers:However, the wording in the document also seems to indicate the definition of “emergency” applies only to hazards faced by citizens of Australia, rather than those attempting to arrive as asylum seekers:
“The elements at risk from possible hazard impact in a community will include the lives and property of its citizens [emphasis added], infrastructure and essential services, the local economy and the environment.”“The elements at risk from possible hazard impact in a community will include the lives and property of its citizens [emphasis added], infrastructure and essential services, the local economy and the environment.”
When an emergency, or disaster, becomes nationalWhen an emergency, or disaster, becomes national
There is an obvious difference between a localised emergency – a household fire or an individual medical problem, for example – and a national emergency. Emergencies affecting large groups of people appear to be defined as “disasters” by the Attorney General’s Department. But even when a disaster is called, more often than not it is localised enough to be defined geographically by state.There is an obvious difference between a localised emergency – a household fire or an individual medical problem, for example – and a national emergency. Emergencies affecting large groups of people appear to be defined as “disasters” by the Attorney General’s Department. But even when a disaster is called, more often than not it is localised enough to be defined geographically by state.
Since 2006, there have been 18 disasters defined by state, and just three defined as national disaster events. Moreover, all of these disasters, both state and national, have been natural or medical in nature. In 2009, for example, an outbreak of human swine influenza (H1N1), which resulted in 186 deaths, was defined as a national disaster event, with state and federal governments working together to prevent the disease from spreading further. The other natural disasters in this time period were the Queensland/New South Wales floods of 2009 and the summer bushfires of 2006/7.Since 2006, there have been 18 disasters defined by state, and just three defined as national disaster events. Moreover, all of these disasters, both state and national, have been natural or medical in nature. In 2009, for example, an outbreak of human swine influenza (H1N1), which resulted in 186 deaths, was defined as a national disaster event, with state and federal governments working together to prevent the disease from spreading further. The other natural disasters in this time period were the Queensland/New South Wales floods of 2009 and the summer bushfires of 2006/7.
The concepts and principles in the emergency management document make clear that large emergencies can also be the result of human activity – civil unrest or terrorism, for example. But despite Coalition rhetoric on the terror threat resulting from boat arrivals, there have been no instances of terrorism recorded as a result of boat migration. Instances of civil unrest resulting from boat arrivals – the 2011 Christmas Island riots, for example – do not appear on the government’s list of disasters.The concepts and principles in the emergency management document make clear that large emergencies can also be the result of human activity – civil unrest or terrorism, for example. But despite Coalition rhetoric on the terror threat resulting from boat arrivals, there have been no instances of terrorism recorded as a result of boat migration. Instances of civil unrest resulting from boat arrivals – the 2011 Christmas Island riots, for example – do not appear on the government’s list of disasters.
In “extreme situations”, state and territory governments can call a “state of emergency”. This is a government declaration that has the potential to allow suspension of civil liberties as a result of civil disorder. The Department of Immigration and Citizenship has confirmed that this has never happened as a result of asylum seekers in detention.In “extreme situations”, state and territory governments can call a “state of emergency”. This is a government declaration that has the potential to allow suspension of civil liberties as a result of civil disorder. The Department of Immigration and Citizenship has confirmed that this has never happened as a result of asylum seekers in detention.
Correct use or rhetoric?Correct use or rhetoric?
Given the evidence above, it is clear that boat migration to Australia does not constitute a “national emergency”, as the leader of the opposition claims it does. There have been no states of emergency called as a result of asylum seekers in detention, and no disasters – state or national – declared as a result of boat migration. Whilst the definition of an “emergency” in Australia could be applied to instances of deaths at sea, it is unclear whether this definition would extend to non-Australian citizens.Given the evidence above, it is clear that boat migration to Australia does not constitute a “national emergency”, as the leader of the opposition claims it does. There have been no states of emergency called as a result of asylum seekers in detention, and no disasters – state or national – declared as a result of boat migration. Whilst the definition of an “emergency” in Australia could be applied to instances of deaths at sea, it is unclear whether this definition would extend to non-Australian citizens.
As such, Tony Abbott’s claims of a “national emergency” due to boat migration is political rhetoric and not objective fact.As such, Tony Abbott’s claims of a “national emergency” due to boat migration is political rhetoric and not objective fact.
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