Monthly Archive for May, 2010

From Bloomers to the Burqa :: dress reform and the failure of liberal feminist rhetoric.

‘Don’t let her lack of a headscarf and her donning a bikini in public fool you. Miss Michigan USA, Rimah (sic) Fakih is a Muslim activist and propagandist extraordinaire’ (Schlussel 2010).

So wrote ultra-conservative commentator Debbie Schlussel in her blog about Rima Fakih, the Arab American woman who won the title of Miss USA in May 2010. Schlussel’s site is not for the faint-hearted, calling Fakih ‘Miss Hezbollah USA’ and ‘Miss Hezbo’ on account of the unlikely winner’s background. Not enough that she is Lebanese Muslim, but a Shi’a from the south had the right wing commentariat quaking in their high heels.

Aside from the primitive racism encased in Schlussel’s bilious commentary, her mention of both headscarf and bikini in the same sentence perfectly encapsulates the delimits of Western discourse about Muslim women. As Australian activist and theorist Anne Aly argues, ‘unlike members of any other religious group, a Muslim woman’s character and identity will almost always be brought into question based on what she wears, or does not wear’ (Aly 2009: 22).

An optimistic reading of Fakih winning Miss USA is that she, like Barack Hussein Obama, has broken the glass ceiling. This might count towards further proof that America is truly a ‘post-racial’ state. First, an African American wins the US presidency, then an Arab American Muslim reigns supreme as Miss USA in her glittering tiara. What a shame that the latter contest is a sexist event that is all about objectifying women’s bodies and reducing their individual agency to how well the contestant can negotiate a catwalk in bikini and back-breaking heels.

Hijab Scene #1

‘You dress strange,’ said a tenth-grade boy with bright blue hair

to the new Muslim girl with the headscarf in homeroom,

his tongue-rings clicking on the ‘tr’ in ‘strange’.

(Kahf 2003: 41)

In the same tumultuous week as the Miss USA pageant, liberal feminists and Christian fundamentalists alike were urging a ban on the burqa and niqab in Australia. Following the lead of European states, there are similar calls here to institute a law that would forbid face veiling in public. By the end of April 2010, the Belgium parliament had agreed unanimously on a law that would ban full veiling in public, and in May, the French cabinet introduced a similar bill. If the French parliament agrees to this measure, wearing a burqa or a niqab could carry a fine. Women who break the law would have to pay a sum of 150 euro according to some reports, and men who force women to wear veils could face a year in prison and a 15,000 euro fine (Deutsche Welle 2010).

Why stop there? Can’t we fine men who tyrannise women in the workplace and harass them on the street?  What about footballers who glass their girlfriends? And men of just about every persuasion who force women into all sorts of oppressive conditions, contexts and clothing, including politicians, religious leaders, advertisers and fashion designers?

In addition to Belgium and France, several bills banning face veils are being prepared simultaneously in the Netherlands, with schools and the public sector being especially targeted. Right-wing politician Geert Wilders is pushing hard for a ban on veils and Italy’s Equality Minister Mara Carfagna wants to write an explicit ban on the burqa into laws on the ‘protection of the public order’. Additionally, there are also four different bills from the governing coalition and the opposition for a ban of face veils, with penalties of up to two years in jail. The Austrian far-right Alliance for the Future of Austria party intends to introduce a bill to parliament calling for a burqa ban. Switzerland has already passed a ban on the construction of minarets, and is also calling for a ban on the burqa (Deutsche Welle 2010).

While the catch-cry ‘ban the burqa’ has populist currency in Europe with Sarkozy leading the charge in France, how many burqa-wearing women are there lurking in the back lanes of Sydney and Melbourne? While the niqab is more prevalent, it is rare enough to see a niqabi in the multiracial interstices of the largest metropolis in Australia. For its part, the burqa is quite specific to Afghanistan and represents the most potent symbol of the political supremacy of the Taliban, a movement of disaffected men that evolved out of the guerilla forces that fought the Russians, nurtured and supported by the American CIA. Having worked with Afghan women for over a decade in the suburbs of Sydney, I am yet to see an Afghan Australian woman wearing the burqa in Bankstown, Blacktown or beyond. So, if the burqa is specific to Afghanistan rather than Australia, how likely are the Taliban to take note of the local Western liberal feminist and the fundamentalist Christian in their call for a ban? Are you listening, Talibs?

As for the woman in the niqab, if indeed she has been forced against her will to wear this item of dress, how does a discussion conducted by mostly white elites in the media change the immediate situation of women living in oppressive conditions? And what to do with the woman who says she dons the niqab of her own volition? What exactly are we saying to her in the broad light of day? That she does not have the right to wear what she so chooses, because perhaps, she looks like ‘death out for a walk’ as Guy de Maupassant so morbidly put it a century or so ago?

‘I’ve seen it elsewhere around the world, but I didn’t expect to see it here. Certainly not on a hot summer’s afternoon at the Canberra Centre. But there it was. A ghostly figure walking towards me, clad from head to toe in a heavy black niqab, black gloves and dark shoes. She was trailing along behind her husband and four little children. The sight of this hideously shrouded figure in an Australian shopping mall is confronting and offensive. And it makes me angry, very angry’ (Haussegger 2010).

It is important to discern what is really at work in this ‘debate’ and who is leading and participating in it. If we are to speak of women’s political rights, is it at all possible to desist from making reductive assumptions about Muslim women in general, and scrutinise the political contexts where the burqa and the niqab are prevalent? That way, instead of drowning out and exhausting the women who are attempting to effect change from within, we might offer a different sort of solidarity that neither privileges the big white voice, nor makes a spectacle or rescue project out of the ‘other’ woman.

Hijab Scene #7

No, I’m not bald under the scarf

No, I’m not from that country

where women can’t drive cars

Yes, I speak English

Yes, I carry explosives

They’re called words

And if you don’t get up

Off your assumptions,

They’re going to blow you away

(Kahf 2003: 39)

The wearing of the burqa in Afghanistan, the chador in Iran, and the full covering of Saudi women all have historical and political contexts that are as markedly different from each other as are the histories of women’s evolving emancipation in European states. Many Afghan, Iranian and Arab feminists have been working under the most difficult of circumstances for decades to effect political and social change in terms of gender and anti-colonialism struggles. It doesn’t help that neo-colonialist feminist and patriarchal agendas continue to intrude and impact on the evolution and sustainability of both the women’s and broader democracy movements in those spaces, especially so in Afghanistan.[1]

The burqa is but one of many infringements on the human rights of women in Afghanistan. It is a recent phenomenon that is tied to the absolute breakdown of civil society via the political ruptures of largely imperialist interference, and the internal fracturing and fragmentation of the state and society over the last 30 years. The latest Human Rights Watch report provides a sobering picture of the state of women’s rights in Afghanistan. This is how the report begins:

‘The US and its allies cited the defense of women’s rights as one of the primary reasons, after the need to root out al Qaeda and defeat the Taliban, for their 2001 invasion and subsequent commitment to rehabilitate Afghanistan. Eight years after the fall of the Taliban, and the establishment of the Karzai government, Afghan women continue to be among the worst off in the world. Their situation is dismal in every area, including in health, education, employment, freedom from violence, equality before the law, and political participation.

Despite the rhetorical commitment to women’s rights and women’s empowerment, and despite the millions already spent on women’s rights and development projects, women have not been a central priority for the government or for international donors, whose focus is primarily on the armed conflict rather than the broader concept of civilian security and rule of law’ (Human Rights Watch December 2009).

It is dangerous to be a woman in contemporary Afghanistan. It is dangerous to be a young Hazara man for that matter. Perhaps that’s why so many are seeking asylum in Australia. And as the ‘debate’ about banning the burqa in Australia takes all our attention, those who are escaping the Taliban are rejected with hostile indifference, with the Federal Government announcing that there will be no processing of new asylum claims by Afghan nationals for six months because of ‘changing circumstances’ in Afghanistan (McAdam and Murphy April 2010). Why doesn’t a political decision that takes away the right to humanitarian protection have the same anger attached to it as the hostility lobbed at the woman wearing a niqab in the shopping mall?

Hijab Scene #3

‘Dammit … I’m a Muslim woman, not a Klingon!’

-but the positronic force field of hijab

jammed all her cosmic coordinates.

(Kahf 2003: 25)

In thinking about the first wave of feminism in the United States, dress reform was a theme that underpinned early political agitation. The height of the dress reform movement occurred in the 1850s in America when a group of women adopted Turkish-style trousers as a protest against their clothing. They became known as ‘bloomers’ and this term took on a derogatory meaning. They faced so much hostility from the public that this first wave of women’s dress reform failed. Australian feminist Dale Spender provides us with some clues as to why:

Because so ‘many laughed it to scorn and heaped such ridicule on its wearers that they soon found that the physical freedom enjoyed did not compensate for the persistent persecution and petty annoyances suffered at every turn. To be rudely gazed at in public and private, to be the conscious subjects of criticism, and to be followed by crowds of boys in the streets, were all, to the very last degree, exasperating’ (Elizabeth Cady Stanton, quoted in Spender 1983: 249)

Spender goes on to write,

‘Today, we would call this form of behaviour harassment. Like the bloomer wearers, a media image – became a caricature … and because of the adverse publicity – and because women were obliged to defend their dress at the expense of articulating their ideas – many women, like Stanton, returned to the conventional and restrictive costume of the day. (Spender 1983: 249)

Women who wear the hijab and the niqab relate uncannily similar stories of harassment, being stared at, ridiculed and spat upon. ‘To be the conscious subjects of criticism’, and always being ‘obliged to defend their dress at the expense of articulating their ideas’ is resonant of the contemporary condition that Muslim women living in the West find themselves in. Australian journalist Virginia Haussegger is at pains to make the point that she doesn’t have a problem with the hijab, seeing it as ‘a matter of individual right’. She writes, ‘whether worn for reasons of devotion, modesty, conformity or fashion, it is personal and the state has no business banning it’ (Haussegger 2010). These reasons could equally be argued by the niqabi, so where does that leave Haussegger’s argument?

‘I am furious that some women will continue to choose to wear [the niqab]. But then, throughout history, feeble women who are afraid of modernity have always been complicit in their own oppression’ (Haussegger 2009).

So, women only have the right to choose up to a point. Who precisely is deciding what is ‘acceptable’ and what is not? Who is feeble and who is not? In this economy, on the one side there’s the oppressive male forcing women to put it on; and on the other, the oppressive liberal feminist forcing women to take it off. If women freely choose to wear the niqab – and certainly women in Australia do – haranguing them in the media and in shopping malls amounts to little more than harassment.

Hijab Scene #2

‘You people have such restrictive dress for women,’

she said, hobbling away in three-inch heels and panty hose

to finish out another pink-collar temp pool day.

(Kahf 2003: 42)

It doesn’t stop there. Muslim women are randomly called up to answer for the burqa in Afghanistan, the Saudis, the chador, and the niqab-wearing-subject respectively, regardless of their own political and personal choices.  Perhaps, the worst form of harassment is pitting Muslim women against each other as a way to force them into some sort of public spat-as-spectacle. Haussegger does precisely this in her article, invoking the opinions of high- profile women like the The Independent’s Yasmin Alibhai-Brown and award-winning journalist Mona Eltahawy, who both make a point of expressing their ‘abhorence’ at the niqab.  Alas, we don’t hear a peep out of the niqabi.

‘I can’t sleep from stressing out whether I’ve got the guts to do it. To wear the hijab, the head scarf, full-time. ‘Full-timers are what my Muslim friends and I call girls who wear the hijab all the time … Part-timers like me wear the hijab as part of our uniform at an Islamic school or when we go to the mosque or maybe even when we’re having a bad hair day’ (Abdel-Fattah 2006: 2)

Despite the seeming acceptance of the hijab by some liberal feminists, it still remains the object of derision for the most part, with women being the targets of racial abuse.  Australian social geographer Kevin Dunn has surveyed public attitudes towards the hijab, noting that in Europe, it is seen by critics as ‘emblematic of “non-integration”; a performance of “non-conforming nationalism”’ (Dunn 31). The niqab could thus be read as an absolute rejection of everything the Western state has to offer women, bikinis and all.

The bikini and the burqa are the two sartorial extremes that have come to define women’s modernity or lack thereof. To this day, dress remains a gendered signifier of a woman’s morality and sexuality in much of the world, including the ‘modern’ West. In that sphere, the oppressive ideals of Western beauty have women defacing their faces with botox and other toxic substances, rearranging their bodies with a repertoire of cosmetic surgeries and interventions. Corporate advertising continues to objectify women’s bodies, with girls hyper-sexualised and grown women infantilised. Is this liberation?

‘Despite her dark, cascading waves and toned body, the new Miss USA has come under fire by right-wing bloggers, who have dubbed her a “terrorist in a bikini” (Sydney Morning Herald, 2010)

Like the first wave of feminism, the right to freedom of dress was a demand of second wave feminism as it arrived a century later in the late 1960s and 1970s. Another demand was an end to the sexual objectification of women. A note from the archive:

‘The existence of the movement burst upon the general public in September 1968, during the Miss America pageant in Atlantic City, New Jersey, where demonstrations against sexism and the objectification of women were given a great deal of media attention’ (Tuttle 1986: 36).

It seems there is a great deal of applause and glittering rewards for a Muslim woman who puts on a bikini and joins her Western ‘sisters’ in a sexist parade in the brave new 21st century. Perhaps Hezbollah MP Hassan Fadlallah scored a political point when asked his opinion on the new Miss USA: ‘The criteria through which we evaluate women are different from those of the west,’ he said.

Neither Hezbollah nor those triumphalists in the West have anything to crow about when it comes to the treatment of women in all spheres of social, political, cultural, spiritual, emotional and economic life. While the Western liberal feminist might feel she has more ‘freedom’ than the average Muslim woman, white women’s ‘freedom’ in Australia has come at the expense of other women’s freedom, most notably, Indigenous women. Indignant posturing about the niqab has a rather rank ring when you consider the bigger picture.

Notes and References

Abdel-Fattah, R. (2006) Does My Head Look Big in This? Pan Macmillan Australia.

Ahmed, L (1992), Women and Gender in Islam: Historical Roots of a Modern Debate New Haven and London: Yale University Press.

Aly, A. (2009) ‘Media Hegemony, Activism and Identity: Muslim Women Representing Muslim Women’ in T. Dreher & C. Ho (eds.) Beyond the Hijab Debates: New Conversations in Gender, Race and Religion Cambridge Scholars Publishing, Newcastle upon Tyne.

Deutsche Welle  ‘The prospect of a burqa ban spreads across Europe’ 21 May 2010 http://www.dw-world.de/dw/article/0,,5594778,00.html Cited 23 May 2010.

Dunn, K.M. (2009) ‘Public attitudes towards Hijab-wearing in Australia: Uncovering the Bases of Tolerance’ in T. Dreher & C. Ho (eds.) Beyond the Hijab Debates: New Conversations in Gender, Race and Religion Cambridge Scholars Publishing, Newcastle upon Tyne.

Haussegger, V. (2009) ‘Ban unAustralian Burka (first published in The Canberra Times 27 June 2009 http://virginiahaussegger.blogspot.com/2009/06/ban-burka-27-june-2009.html Cited 23 May 2010.

Haussegger, V. (2010) ‘The burqa is a war on women’ 21 May 2010  www.theage.com.au/opinion/society-and-culture/the-burqa-is-a-war-on-women-20100520-vnp3.htm Cited 23 May 2010.

Human Rights Watch, ‘We Have the Promises of the World: Women’s Rights in Afghanistan’ 6 December 2009 http://www.hrw.org/en/reports/2009/12/03/we-have-promises-world-0 Cited 23 May 2010.

Kahf, M. (2003) Emails from Scheherazad University Press of Florida, Gainesville Florida.

Maupassant, G. de, (1890) La Vie errante quoted in Mabro, J. (1996) Veiled Half-Truths: Western Travellers’ Perceptions of Middle Eastern Women, I.B. Tauris, London.

Schlussel, D. (19 May 2010) quoted in Sydney Morning Herald ‘Newly crowned Miss USA ‘pride’ of hometown in Lebanon’

http://www.smh.com.au/lifestyle/beauty/newly-crowned-miss-usa-pride-of-hometown-in-lebanon-20100519-vcji.html Cited 23 May 2010.

Spender, D. (1983) Women of Ideas and What Men Have Done to Them Ark Paperbacks, London.

Spivak, G.C. (1988) ‘Can the Subaltern Speak’ in C. Nelson and L. Grossberg (eds.) Marxism and the Interpretation of Culture Urbana: University of Illinois Press, pp. 271-315.

Sydney Morning Herald, (19 May 2010) ‘Newly crowned Miss USA ‘pride’ of hometown in Lebanon’ http://www.smh.com.au/lifestyle/beauty/newly-crowned-miss-usa-pride-of-hometown-in-lebanon-20100519-vcji.html Cited 23 May 2010.

Tuttle, L. (1986) Encyclopedia of Feminism Longman, Essex.


[1] Underpinning gendered imperialist discourse is the rhetoric of the ‘civilising mission’, a legitimising device that has effectively functioned to justify attacks on Indigenous societies and colonial expansionism in the form of patriarchal colonialism. Cultural theorist Gayatri Spivak terms this rather ironically as ‘white men saving brown women from brown men’ (1988: 296). In a similar vein, feminist theorist Leila Ahmed tracks how ‘the discourse of patriarchal colonialism captured the language of feminism and used the issue of women’s position in Islamic societies as the spearhead of the colonial attacks on those societies’ (Ahmed 1992: 243). She exposes the hypocrisy particularly of imperialist men ‘who were the enemies of feminism in their own societies, [while] abroad espoused a rhetoric of feminism attacking the practices of Other men and their ‘degradation’ of women, using the argument that the cultures of the colonised peoples degraded women in order to legitimise Western domination and justify colonial policies’ (1992: 243).

Desperately Seeking Asylum :: Race, Rights and Refugees


I left home to be free

To escape cruel war and tyranny

I came here in a broken down ship

But was enslaved as a refugee.


Federal elections in Australia are not fixed events and are called approximately every three years by the government of the day in accordance with the soothsaying apparatus of the modern liberal democratic state: betting odds and opinion polls. Those who are eligible to cast a vote must participate in this civic activity as Australia has had a system of compulsory voting in place since 1924. One of only a score of nations that requires its citizens to vote in national elections, the turnout in Australia is high with an average of 94.5 per cent in the 24 elections since 1946. So what do elections have to do with race?

‘I just unveiled the Coalition’s border protection billboard in Perth’

- tweeted Tony Abbott Federal Opposition leader.

It reads:

‘How many illegal boats have arrived since Kevin Rudd took over?’                                                                   (22 April 2010 crikey.com.au)

For those who work in refugee human rights, the spectre of race interpellates the very essence of how the intersecting discourses of border protection, ‘illegal’ immigration and anti-terrorism have come to shape the Australian polity’s attitudes to those seeking asylum. While there is a well-documented history of the various waves of xenophobic and racist rants about non-white arrivals to the nation, the currency of this latest version has its beginnings in the previous Howard government’s use of the electoral podium to wedge their political opponents into a corner about race, asylum and immigration.

‘Maverick Liberal MP Wilson Tuckey has lit a match under the nation’s explosive border protection debate, claiming unlawful boats on their way to Australia could have terrorists on board’ (Balogh 2010).

The construction of the refugee as a dangerous interloper has provided legitimacy to the brutal disciplinary practices towards those seeking asylum in Australia since September 11 2001. Even before that in 1999, the former Federal government introduced a new regime for refugees: the Temporary Protection Visa (TPV). This visa aptly named subclass 785 was just that; it effaced all the rights ordinarily afforded to refugees because they happened to arrive by boat, or in Government terminology, as ‘unauthorised arrivals’. The term ‘queue jumper’ became a derogatory moniker in the Australian vernacular that specifically referred to this group of asylum seekers who were mostly Afghans, Iraqis, Kurds, Palestinians, Iranians and Tamils. On arrival, they were summarily incarcerated in prison complexes around the country in accordance with the policy of mandatory detention. The place names still bring a chill to those who endured the traumatic months and years behind the razor wire at Woomera, Baxter, Port Hedland, Villawood and Maribyrnong. Inside, conditions were deliberately harsh, and asylum seekers were deprived of the most basic of human rights, with many falling into depression and mental ill-health.

I miss you mother, I am alone

That I should feel so sick for my home

If only you knew what I have gone through

Then you would hurry to see me too.

The portrayal of asylum seekers as a threat to the nation has worked especially well for the local border panic constituency, most notably, the anxious white subject in fear of being ‘swamped’ by ‘hordes’ of swarthy others. The racialising process is at once a dehumanising process, and the asylum seeker – the most vulnerable of individuals – is once again the pawn in the Federal Opposition’s strategic reprising of the racialised immigration debate as Australia prepares for a Federal election.

Australians had been more “relaxed and comfortable” about immigration during the Howard government, Mr Abbott argued, despite the intake rising from under 100,000 to over 200,000 (Kelly, 2010)

Former Prime Minister John Howard most famously caterwauled ‘we decide who comes here and the circumstances in which they come’ to his party faithful in the midst of the 2001 November election campaign. Merging traditional anti-immigrant politics with the politics of anti-terrorism, this election became otherwise known as the ‘race election’. As xenophobic and racial fantasies captivated the white imaginary, this instance of hyping up paranoia around border control and national security provided Australians with a new ‘race devil’ to position themselves against: the Muslim asylum seeker.

God has given me a pure heart

There is no one who knows even a small part

Of my suffering, no one knows my mind

That is why understanding is hard to find

A traumatic period that included the stand-off between the good ship Tampa carrying over 400 refugees rescued from sea and the Australian government, the sinking of SIEV X, a boat carrying over 350 nameless asylum seekers, with mostly women and children drowning just weeks out from the federal election, and the ‘children overboard’ incident in which the Government claimed asylum seekers threatened to throw their children overboard if they were not allowed entry into Australia. In relation to the last event, Howard’s ‘we decide who comes here’ comment encapsulates how the politics of othering became a productive force in reiterating populist attitudes towards asylum seekers as barbarians, while reaffirming ‘an Australian “self” — that of a “good”,“moral” Australian citizen’ (Slattery, 2003: 94).

Howard’s racialised tropes of otherness drew on ‘a binary of good and bad citizenship within a family context’ when he said that ‘I don’t want in Australia people who would throw their children into the sea, I don’t think any Australian does’ (Slattery, 2003: 95). While the claims were found to be baseless, the story was decisive in portraying those seeking asylum outside the norms and values of the ‘ordinary’ Australian, and hence provided a strategic mask for Howard’s racialised discourse.[5] After all, they were mostly Afghan and Iraqi subjects.

‘Our border protection policy is to stop the boats. We have done this before and we will do it again. We are prepared to take the tough decisions that Kevin Rudd and Labor seek to avoid’ (Turnbull, November 2009).

With key former attack dogs banished to the political wilderness of defeat, those left in Opposition embark on a dogged pursuit to make the 2010 Federal election another race election. In response to the relentless hectoring by the Opposition about on-shore arrivals, the Labor government succumbed to populist fear and announced in April that ‘there would be no processing of new asylum claims by Sri Lankan nationals for three months and by Afghan nationals for six months’ (McAdam and Murphy April 2010). The rationale goes like this: ‘changing circumstances in these countries mean fewer people are likely to need protection as refugees’ (McAdam and Murphy April 2010).

The flames of war have spread across the lands

Brother fights against brother

All has been destroyed, nothing stands,

Graves embrace the dead,

A desperate mother cries, head in her hands.

Is there anyone who seriously believes that conditions have improved in the political wreckage of Sri Lanka and Afghanistan, enough to convince even the most optimistic of punters that it is safe for civilians? A month before the government’s caving in to the forces of racial fear, both Human Rights Watch (HRW) and Amnesty International called on the Sri Lankan government to end its ‘harassment of journalists and activists and [to] take steps against those making threats’ (Human Rights Watch March 2010). According to human rights monitors, ‘since the January 2010 presidential election, the government has engaged in a campaign to silence and discredit journalists and nongovernmental organisations’ (Human Rights Watch March 2010). If journalists and NGOs are not safe in Sri Lanka – those brave agencies and individuals who in times of war act as a protective force for civilian life, speaking out against state atrocities and providing limited refuge by virtue of their ‘protected’ office – how on earth are we to believe that civilians are safe and conditions improved?

As for Afghanistan, in a letter published in March to the Permanent Missions to the United Nations Office at Geneva, the director of Asia Division of Human Rights Watch, Brad Adams, and the Geneva Advocacy Director, Julie de Rivero, raised concerns about the deteriorating human rights situation in that fractured country. They write:

‘The High Commissioner’s report [presented to the Human Rights Council on 24 March 2010] notes that “the escalation and spread of armed conflict resulted in the highest number of civilian casualties recorded since the fall of the Taliban regime in 2001 and in the further erosion of humanitarian space. While the armed opposition was responsible for the majority of civilian casualties, deaths as a result of air strikes by international forces continued to be a high-profile and contentious issue.” Explosive devices caused most deaths, with assassinations, including beheadings, adding to the death toll and levels of fear in communities’(Adams and Rivero, 2010).

It is documented in human rights circles that conditions have not improved, most notably, in the case of the targeted minorities who are especially at risk in both Sri Lanka and Afghanistan. It is the Hazara and the Tamils who make up the bulk of the recent on-shore arrivals to Australia, having escaped the abjection of war and ‘post-war’ terror alike and are now caught up in the frenzy of an Australian election year. Human Rights Watch sent the Australian Minster for Immigration Chris Evans a missive after the announcement stating that,

‘research shows that conditions in both countries are such that individuals returned will still be vulnerable to persecution and lack adequate protection. More fundamentally, this suspension deprives asylum seekers of their right to seek asylum from persecution, as guaranteed by article 14 of the Universal Declaration of Human Rights’ (Human Rights Watch).

It seems Human Rights Watch research is as far from English language news as Kandahar, unless of course an Australian troop is killed; but shrill statements about ‘hordes arriving at the doorstep’ always makes a good doorstop bite for the 6 o’clock news, or even a TV show on border security on a harmless Sunday night.

My wounded heart cries bitterly longing

My face tells the story of despair and separation

In the beautiful land of migration

The buds of my thoughts are blossoming

Border Panic Disorder (BPD) is a chronic condition that has afflicted the nation for over a century now, with acute bouts occurring triennially. The signs include pounding podiums in front of feverish crowds, peddling fear and dehumanising the brown-subject-seeking-asylum. There is no immediate elixir for this affective ailment, other than short-term attempts at getting the terminology right and perhaps adhering to international humanitarian obligations as set out in various conventions that Australia has signed. A quick lesson in the language lab might ameliorate the recovery process. At the very least, we might want to get the terms right.

Lesson 1: Who is a refugee?

A refugee is an individual recognized under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. This convention defines a refugee as a person who:

‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it’ (UNHCR).

This is the definition used by Australia when assessing claims for protection.[1] So, refugees have to be outside their country of origin and the reason for their flight has to be a fear of persecution and that fear has to be well-founded. The persecution has to result from one or more of the 5 grounds listed in the definition, that is race, religion, nationality, membership of a particular social group, or political opinion and they have to be unwilling or unable to seek the protection of their country (UNHCR).

Case study 1: Afghan Hazara: Persecuted minority. Tick.

Case study 2: Sri Lankan Tamil: Persecuted minority. Tick.

Lesson 2: What is the difference between a refugee and a migrant?

Refugees are often confused with migrants. In international law, the term refugee has a specific meaning and should not be confused with a migrant who makes a considered choice to leave his or her country of origin and is therefore able to return should he or she choose to do so. The migrant is able to pack his or her bags, say goodbye to loved ones and lock the front door. A refugee runs for his or her life, often loses all his/her family and doesn’t stop to pack any traveling documents.

Task: Read poem. Analyse.

Fled from homeland to be free

On a broken ship in a stormy sea

Reaching the land with so many scars

The voices of Iraqis and Afghans behind bars

Ask, is it my fault we are human beings?

Lesson 3: When is a refugee really a refugee?

There is a tendency by commentators and advocates alike to insert the adjective ‘genuine’ before the word refugee. This is a common tautology. To be termed a ‘refugee’ means that an individual has been through the refugee determination process and has met all the stated criteria. Therefore, the need for a qualifier to denote that a refugee is indeed genuine makes little sense in the terms of the law. Perhaps Gertrude Stein might opine if she were alive today, ‘A refugee is a refugee is a refugee’ just as a rose is a rose is a rose is a rose was in her day.

Task: Repeat: A refugee is a refugee is a refugee is a refugee.

Lesson 4: Who is an asylum seeker?

Asylum-seekers are individuals who have sought international protection and whose claims for refugee status have not yet been determined.[2] That’s what we call individuals who have not been through the refugee determination process, but are seeking refuge outside their country. They have this right under international law. In Australia, the rate of success for asylum seekers gaining refugee status is over 90%.

Lesson 5: Who are ‘boat people’?

‘Boat people’ is a term used in the media and other places to describe asylum seekers who arrive by boat or attempt to arrive by boat without ‘authority’ to enter Australia. The Department of Immigration and Citizenship uses the term ‘unauthorised boat arrivals’ or ‘unlawful boat arrivals’.[3] If you are not Indigenous to the country, then you, like the Tamils and the Hazara are boat people. As the activist group is aptly named, ‘We are all boat people’.

Q. What sort of craft did your family arrive on? (Clue: if your family has been in Australia for more than 2 generations, go take an educated punt).

Lesson 6: So, who are we calling ‘illegal’ then?

‘Illegal immigrants are people who enter a country without meeting legal requirements for entry, or residence. On the other hand, refugees often arrive with ‘barest necessities’ and without personal documents … Refugees may not be able to obtain the necessary documents when trying to escape and may have no choice but to resort to illegal means of escape. Therefore although the only means of escape for some may be illegal entry and/or the use of false documentation, if the person has a well-founded fear of persecution they should be viewed as a refugee and not labeled an ‘illegal immigrant’.
The Refugee Convention says that states should not impose penalties on individuals coming directly from a territory where their life or freedom is threatened on account of their illegal entry. (Article 31) Furthermore, under Article 14 of the Universal Declaration of Human Rights, everyone has the right to seek and enjoy asylum’.  (UNHCR)

Task: Write a hundred times: ‘Asylum seekers are not illegals’, then send to the news and /or Leader of the Opposition.

Lesson 7: What exactly is it that we signed?

Australia, New Zealand and Papua New Guinea and other South Pacific states in the region are signatories to many of the international human rights instruments, including the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol.

In addition to this Convention, there is The Universal Declaration of Human Rights, adopted in 1948, a statement of the basic rights and fundamental freedoms owed to all human beings. As a declaration, it does not have binding force, but it is internationally recognised as a cornerstone of human rights protection. Article 14.1 states, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” This principle is at the root of refugee rights world-wide, and forms the basis of the 1951 UN Convention Relating to the Status of Refugees.

The 1951 UN Refugee Convention and its 1967 Protocol is a legally binding treaty and a milestone in international refugee law. Australia ratified the 1951 UN Refugee Convention on 22 January 1954, and the 1967 protocol on 13 Dec 1973. There is no monitoring mechanism or committee that examines countries to see whether they are complying with their obligations under the Convention, so it is up to the signatory State to implement its commitments faithfully. States that are party to the 1951 UN Refugee Convention and 1967 Protocol undertake to accord to refugees the legal status and minimum standards of treatment as outlined in its text.

Q. So why do we sign conventions we can’t keep?

It seems we are good at signing conventions, but have a poor record in staying true to the spirit of conventions. This brings to mind a skit in an episode of the TV series Seinfeld, when the New York satirist challenges the desk clerk at a car rental outlet. In a typically Seinfeld moment, he has just been told the car he reserved is not available. The dialogue goes something like this.

Seinfeld: I don’t understand. I made a reservation. Do you have my reservation?

Reservation Clerk: Yes we do. Unfortunately we ran out of cars.

Seinfeld: But the reservation keeps the car here. That’s why you have the reservation.

Reservation Clerk: I know why we have reservations.

Seinfeld: I don’t think you do. (Applause). If you did, I’d have a car. See, you know how to take the reservation, you just don’t know how to hold the reservation. And that’s really the most important part of the reservation, the holding. Anybody can just take them.

In much the same way, we know how to sign conventions, but implementing them is another story. And like Seinfeld, many would agree that this is really the most important part, the keeping of the convention, adhering to the articles within the convention. Anybody can just sign them.

Longing to see Sakhi to offer my prayers

I cross the tulips through the desert

Crying aloud, the tears run down my face

I yearn for what I don’t yet seek

Stop press.

‘Millions of people could be tempted to seek asylum in Australia by boat under current border protection rules if global conditions deteriorated, Tony Abbott warned today.’ (Kelly, May 2010).

It must an election year.

Notes and References:

Adams, B. + J.  Rivero ‘Letter: The situation of Human Rights in Afghanistan’ March 18, 2010 http://www.hrw.org/en/news/2010/03/18/letter-situation-human-rights-afghanistan cited 19 May 2010.

Balogh, S. ‘Wilson Tuckey rocks boat on border protection debate’ October 22, 2009

http://www.couriermail.com.au/news/national/wilson-tuckey-rocks-boat-on-border-protection-debate/story-e6freooo-1225790197700 cited 19 May 2010.

Crikey.com.au ‘Classy, real classy Tony’ http://www.crikey.com.au/2010/04/22/crikey-says-classy-real-classy/ cited 19 May 2010.

Human Rights Watch,  ‘Letter to Australian Minister of Immigration Chris Evans on Processing New Asylum Claims from Sri Lanka and Afghanistan’ April 14, 2010 http://www.hrw.org/en/news/2010/04/14/letter-australian-minister-immigration-chris-evans-processing-new-asylum-claims-sri- cited 19 May 2010.

Human Rights Watch, ‘Sri Lanka: End Witch Hunt Against the Media and NGOs Government Intensifies Campaign to Discredit Civil Society’ March 10, 2010.

http://www.hrw.org/en/news/2010/03/10/sri-lanka-end-witch-hunt-against-media-and-ngos cited 19 May 2010.

Kelly, J  ‘Tony Abbott warns millions of asylum-seekers could arrive by boat’ May 04, 2010 4:26PM http://www.theaustralian.com.au/politics/tony-abbott-warns-millions-of-asylum-seekers-could-arrive-by-boat/story-e6frgczf-1225862132786

cited 18 May 2010.

McAdam, J. and K. Murphy, ‘Refugee processing freeze breaches international law’ April 14, 2010 http://www.theaustralian.com.au/news/opinion/refugee-processing-freeze-breaches-international-law/story-e6frg6zo-1225853374644 20 April 2010.

Seinfeld, J. http://www.youtube.com/watch?v=A7uvttu8ct0 cited 1 May.

Slattery, K. (2003) ‘Drowning not waving: The ‘children overboard” event and Australia’s fear of the “other”’ (eds) Jacka, L. and L Green The New ‘Others’: Media & Society Post September 11 No 109  November 2003 Media International incorporating Culture and Policy Faculty of Arts, Griffith University.

Turnbull, M. ‘Coalition’s Strong Stand on Border Protection’ published November 13, 2009

http://www.malcolmturnbull.com.au/media/releases/coalitions-strong-stand-on-border-protection/ cited 19 May 2010.

UNHCR http://www.unhcr.org.au/basicdef.shtml cited 1 may 2010.


[1] http://www.aph.gov.au/library/pubs/bn/sp/BoatArrivals.htm#_ftn71

[2] The Department of Immigration and Citizenship states that ‘those covered [by the UNHCR] refer to claimants whose individual applications were pending at the end of 2008, irrespective of when they may have been lodged. People who have left their country of origin, applied for recognition as a refugee in another country, and are awaiting a decision on their application. Each year people already in Australia claim asylum and make applications for protection (refugee status). These include people who arrived ‘lawfully’ with a valid visa and people who have arrived ‘unlawfully’ in Australia by sea or air without a valid visa. If asylum seekers are found to be owed protection by Australia (having met the UNHCR definition of a refugee, as defined in the 1951 Convention and 1967 Protocol relating to the Status of Refugees) they will be granted a permanent Protection visa, provided they meet all health and character requirements’. http://www.aph.gov.au/library/pubs/bn/sp/BoatArrivals.htm#_ftn71

[3] http://www.aph.gov.au/library/pubs/bn/sp/BoatArrivals.htm#_ftn65