What is the point of international co-operation in matters of shared concern? According to the UN Charter, its founding member nations were determined to achieve overarching societal progress based on human rights.
The international legal system of the UN era continues to attempt, with mixed success, to promote these goals.
Within intricately connected global systems that produce ever-more complex problems, a framework for international co-operation is essential. The international legal system, however imperfect, must be maintained as a bulwark against the wholesale pursuit of domestic political interests.
Yet our belief in the efficacy of this system is challenged when the stark reality of international power relations is laid bare. It seems the more insight we have into what happens behind the scenes, the harder it becomes to convince the sceptical that international law has either legal or normative power.
The shocking conversation reveals that the deal for the US to accept some of those asylum seekers currently detained offshore – a key feature of the Australian government’s effort to close its offshore detention centre on Manus Island – imposes no obligation on the US beyond “going through the process”. According to Turnbull:
… the agreement … does not require you to take 2,000 people. It does not require you to take any.
Trump made it abundantly clear that he did not see either the US national interest or his personal popularity being served by upholding the agreement:
… boy that will make us look awfully bad. Here I am calling for a ban where I am not letting anybody in and we take 2,000 people. Really it looks like 2,000 people that Australia does not want and I do not blame you by the way, but the United States has become like a dumping ground.
Trading lives in a ‘refugee swap’
The deal between Australia and the US remains mired in confusion almost a year on. Australia committed to resettling some Central American refugees currently in Costa Rica, as part of a US-led program.
Soon after, Turnbull announced an agreement with the Obama administration that would see the US resettle perhaps 1,250 refugees currently detained on Manus Island and Nauru.
The transcript confirms that Trump was resistant to inheriting what he described as a “rotten deal”:
I hate taking these people. I guarantee you they are bad. That is why they are in prison right now.
Turnbull sought to reassure Trump he could sell the agreement to the US public as consistent with his campaign promise to tighten immigration controls.
Turnbull emphasised his and Trump’s shared identity as businessmen and represented the “deal” as a business transaction that ought to be upheld, at least formally:
Please, if we can agree to stick to the deal, you have complete discretion in terms of a security assessment. The numbers are not 2,000 but 1,250 to start. Basically, we are taking people from the previous administration that they were very keen on getting out of the United States. We will take more. We will take anyone that you want us to take. The only people that we do not take are people who come by boat. So we would rather take a not very attractive guy that help you out then to take a Noble [sic] Peace Prize winner that comes by boat. That is the point.
Despite Trump’s reluctance, US immigration officials have conducted some screening interviews with refugees on Manus Island. However, these were suspended mid-run and the officials withdrew to the US, once it was announced that the US’ annual humanitarian refugee quota had already been fulfilled.
Those detained have been told that interviews will resume and that resettlement in the US is still on the table. However, whether the Trump administration ever had any serious intention to be party to a resettlement solution is now in doubt, as is Turnbull’s commitment to anything more than a domestic political win.
On Manus Island, the leaked transcripts arrived amid heightened tensions. Protests have been ongoing since Tuesday, when water and power services were withdrawn in the largest compound. Local police, detention centre guards and reportedly the Australian Federal Police are attempting to remove those deemed “prisoners” by Trump – something that Turnbull, perhaps tellingly, did not dispute.
This latest insight into the international game of trading unwanted human beings compounds the frustration and sense of injustice that those trapped in Australia’s offshore detention system are experiencing.
Proof that Australia fails to see the humanity of refugees
Turnbull’s position appears to be that the people detained on Manus Island and Nauru are “good” and deserving of protection somewhere, but that his domestic political environment demands they must be treated like criminals.
In the call, Turnbull repeatedly refers to the people imprisoned on Manus Island and Nauru as “economic refugees”. This pernicious framing is consistent with government messaging about “boat people” and “queue jumpers”.
In reality, no refugees are accepted on economic grounds under Australia’s rules. It is disingenuous of Turnbull to make such an inference about those detained in offshore detention, considering that almost 90% of those on Manus Island have been assessed as bona-fide refugees by both Australia and the UNHCR.
Turnbull’s indifference to human suffering is chilling, surprising even Trump:
We should do that too. You are worse than I am.
When two of the most powerful men in the world conspire to inflict further harm on some of the world’s most vulnerable to satisfy domestic agendas, we truly need to question whether the goals of the international community as constituted in the UN are being upheld by our elected officials.
Dehumanising refugees and treating them as the problem avoids any serious consideration of why people are displaced. This is where the international community should be working together.
Adopting a punitive approach to those seeking protection not only goes against international law, but it is an insult to those that uphold Australia and the US as leading beacons for human rights and freedom.
Amy Maguire is a Co-Chair of the Indigenous Rights Subcommittee of Australian Lawyers for Human Rights and a member of Amnesty International.
Jason von Meding is affiliated with Cifal Newcastle, a United Nations entity.