1. Ensuring protection in humanitarian emergencies: A framework for Australia
- Author:
- Jane McAdam and Regina Jefferies
- Publication Date:
- 09-2024
- Content Type:
- Policy Brief
- Institution:
- Andrew & Renata Kaldor Centre for International Refugee Law at UNSW Sydney
- Abstract:
- The purpose of this Policy Brief is to recommend a framework for humanitarian emergencies that would enable the Australian government to provide a streamlined, equitable, predictable and effective response to assist people facing a real risk of persecution, extreme danger or other serious harm to find safety and protection in Australia. It is informed by Australia’s practices over time, as well as comparative practices internationally. The framework is designed with the Australian context in mind, but it could also be used as a model for other countries.2 It encompasses both legal protection (visas and access to support) and physical protection (evacuation and reception). In a crisis, moving away from danger is a natural and rational human response. Whereas some people will have the financial resources, immigration documentation and networks to facilitate their rapid departure, others may be unable to move or find themselves ‘trapped’ by their circumstances. They may have acute protection needs that cannot be addressed unless they can reach a place of safety. In some cases, evacuations will be a necessary first step; in others, people will be able to move on their own. In all cases, non-citizens will require visas and identity documents to move lawfully. As such, this Policy Brief has a particular focus on visa pathways, since they are the gateway to everything else. Four recent conflicts in Afghanistan (2021–), Ukraine (2022–), Sudan (2023–) and Gaza (2023–) have seen large numbers of people unable to leave dangerous situations. In each case, Australia’s humanitarian response has been different. For some groups, acquiring a visa to escape and travel to Australia has been relatively easy; for others, it has been impossible. Varying visa entitlements also mean that, even among those who do manage to escape, some people have work rights, health entitlements and access to a wide range of services, while others are barely surviving. Concerns have been expressed by the refugee sector, affected communities, experts and Parliamentary inquiries about these divergent and, at times, inadequate approaches. As the Refugee Council of Australia has observed, ‘the measures have been uneven, unpredictable and in some cases, created significant gaps in critical support including access to health, education and employment’.3 This Policy Brief proposes a framework for humanitarian emergencies which could be activated in whole or in part, depending on the circumstances. The framework would be additional and complementary to Australia’s existing Refugee and Humanitarian Program, and it would provide an equitable and robust foundation to enable agile responses that could be quickly tailored to specific conditions. It envisages both physical and legal mechanisms to facilitate people’s safe and swift departure; clear lines of authority; processes for consultation across different levels of government and with relevant stakeholders; identified reception facilities for evacuees (if physical evacuation is necessary); and a visa with appropriate supports and pathways to durable solutions,4 including for affected individuals who are already in Australia when a humanitarian emergency is declared.5 To be effective, the framework would require multi-sectoral engagement, planning and coordination, particularly in terms of facilitating arrivals and ensuring that people in Australia are properly supported. Its implementation must be human-centred and supported by trauma-informed approaches that recognise and promote people’s dignity, agency and human rights, with special attention given to those with particular needs or in vulnerable circumstances.6 While existing frameworks, such as the federal Australian Government Crisis Management Framework (AGCMF)7 and state-based DISPLANS may be instructive, none provides an adequate template for present purposes (see Recommendations 2 and 3). The recommendations in this Policy Brief align with and complement proposals by other key actors in the refugee sector, most notably the Refugee Council of Australia and Settlement Services International, and we thank them for their positive engagement and insights. Australia has an opportunity to envision a bold, dynamic and forward-looking framework to protect people in humanitarian emergencies. It is a chance to build upon good practices from historical and comparative responses, signalling Australia’s clear commitment to international solidarity and responsibility-sharing.8 Furthermore, as a leading resettlement state, Australia has the capacity to demonstrate how States can respond to humanitarian emergencies in a timely, well considered and compassionate manner.
- Topic:
- Humanitarian Crisis, Protection, and Migration Policy
- Political Geography:
- Australia