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>> The fact is that states who sign these ridiculous treaties (on everything from
>> biodiversity to family law) are obviously entitled to determine how to
>> implement their obligations under said treaties. Actually I don't agree. I the refugee agreement is actually a contract (note that the wording refers to
to the "Contracting States"). It is not my right to simply say "I have the
right to interpret the contract I signed in my own way", or even "When
I signed the contact which said I would pay you twenty grand, what I
meant was that you would give me thirty, so where's my money?". A contract is a contract, and means what the signing parties meant it to mean
when it was signed. There is the issue about what to do if there is a dispute
(and Australia is probably a better judge than anyone else),
but that is a separate notion to the meaning of the contract. However this does not mean that Australia has any obligation to continue to
abide by the refugee convention. The contract was not in perpetuity, and
Australia can withdraw at any time simply by emailing Koffe Annan with the happy
news. This was a contract made in another time in another world, and is simply
not appropriate in today's world of cheap transportation, wealthy social
democracies obsessed with welfare and fundamentalist terrorism. Indeed the
definition of 'refugee' refers to:
Article 1: (2) As a result of events occurring before January 1 1951 and owing
to a 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 unable or, owing to such fear, is
unwilling to avail himself of the protection of that country
1951? .. another world another time. My own view? Australia should either
- Rewrite the convention to be something more appropriate, abide by that, and
invite others to also become signatories to it; or
- Drop out of the convention entirely and invite others to write a more
appropriate one.
But until we withdraw from it, it is a contract, just like a contract to
buy or sell beef, motor-cars or tickets to a Michael Jackson concert.
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