Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Migrant Houses in the village Zavoj, Republic of Macedonia, 1988-2010

The focus of this data is on the transformation of the village Zavoj in the Republic of Macedonia, due to emigration from the village, recorded through the architectural changes to the houses in the village. The village had become by default a place for the accommodation of elderly people who did not want to join their offspring abroad in the cities of immigration, or in the fringe suburbs of nearby towns.

The data documents the ‘material history’ of the houses, and constitutes a longitudinal research project tracing the transformation of the architectural fabric of the village since 1988. It includes visual documentation such as photographs and drawings, and includes the houses as HOUSE-STATES as follows:

House-Traditional: Vernacular architecture still in use and maintained as a dwelling.
House-Construction: Buildings that are still being constructed, the house as ongoing construction site.
House-Fragment: An eMigrant house-fragment is juxtaposed with the vernacular dwelling. Typical and affordable techniques of single brick cavity and reinforced concrete structure are evident in the new fragment.
House-Closed: Many new houses have only one door and one window, height, size and volume are minimal; and are closed a lot of the time.
House-Ruin: Vernacular traditional dwellings that are deteriorating. Traditional vernacular dwellings are rarely renovated, reconstructed or repaired.

The data is complemented by several field-work methods including participant observation, interviews, documentation of the village as a totality, recording of oral histories and myths, festivities, and archival statistical research about the vicinity.

This dataset comprises photographic documentation, sketch/drawing documentation, digital interview recordings, and interview notes.

Building genetic networks using relatedness information : a novel approach for the estimation of dispersal and characterization of group structure in social animals

Natal dispersal is an important life history trait driving variation in individual fitness, and therefore, a proper understanding of the factors underlying dispersal behaviour is critical to many fields including population dynamics, behavioural ecology and conservation biology. However, individual dispersal patterns remain difficult to quantify despite many years of research using direct and indirect methods. Here, we quantify dispersal in a single intensively studied population of the cooperatively breeding chestnut-crowned babbler (Pomatostomus ruficeps) using genetic networks created from the combination of pairwise relatedness data and social networking methods and compare this to dispersal estimates from re-sighting data. This novel approach not only identifies movements between social groups within our study sites but also provides an estimation of immigration rates of individuals originating outside the study site. Both genetic and re-sighting data indicated that dispersal was strongly female biased, but the magnitude of dispersal estimates was much greater using genetic data. This suggests that many previous studies relying on mark–recapture data may have significantly underestimated dispersal. An analysis of spatial genetic structure within the sampled population also supports the idea that females are more dispersive, with females having no structure beyond the bounds of their own social group, while male genetic structure expands for 750 m from their social group. Although the genetic network approach we have used is an excellent tool for visualizing the social and genetic microstructure of social animals and identifying dispersers, our results also indicate the importance of applying them in parallel with behavioural and life history data.

Congestion and optimal immigration policy

This paper presents a model to explain the stylized fact that many countries have a low ratio of migrants in their population while some countries have a high ratio of migrants. Immigration improves the income of the domestic residents, but migrants also increase the congestion of public services. If migrants are unskilled and therefore pay low taxes, and the government does not limit access to these services, then the welfare of the domestic residents decreases with the number of migrants. Visa auctions can lower the cost of immigration control and substitute legal migrants for illegal migrants. If the government decides to limit the access of migrants to public services, immigration control becomes unnecessary and the optimal number of migrants can be very large.

Exporting detention : Australia-funded immigration detention in Indonesia

Since 2000, Australia has provided significant levels of funding and resources to encourage Indonesia to use immigration detention to deter asylum seekers from making the onward journey to Australia. In this way Australia has effectively extended its domestic policy of immigration detention beyond its own national borders. The provision of Australian funding for detention in Indonesia has resulted in an increased propensity of Indonesian officials to detain. This article examines the outcomes and implications of this transfer of immigration detention policy for asylum seekers and refugees in Indonesia. It draws on interviews conducted with individuals who have spent time in Indonesia’s immigration detention centres, and Indonesian immigration officials, to assess the conditions of the detention centres. The particular arrangement between Australia and Indonesia, however, fails adequately to protect the human rights of immigration detainees. Ultimately, the detention of asylum seekers in Indonesia serves as one more barrier to finding effective protection in the Asia-Pacific region.

Australia-Indonesia cooperation on asylum-seekers: a case of 'incentivised policy transfer'

Australia and Indonesia have engaged in cooperation on asylum policy since the late 1990s, bilaterally on immigration detention and people-smuggling agreements, and multilaterally through the Bali Process. Seen from a global perspective, this form of cooperation is one of many such bilateral and multilateral agreements that stymie the ability of asylum-seekers to gain effective and durable protection. This article argues that policy transfer theory can explain how these agreements are achieved, their political implications, and their outcome for the refugee regime and the asylum-seekers reliant on the regime for protection. In the case study of Australia and Indonesia, the authors argue that the cooperation is best understood as a form of ‘incentivised policy transfer’, whereby Australia has provided substantial financial and diplomatic incentives to Indonesia to adopt policies consistent with Australia's own. The implications for asylum-seekers in the Asia-Pacific region are substantial, and include an increase in the use of immigration detention in Indonesia and the introduction of border security measures that restrict the ability of asylum-seekers to reach territory where they may claim protection under the Convention Relating to the Status of Refugees.

Immigration and memory

The town of Nova Friburgo, in Brazil, was founded in 1820 by swiss immigrants who, as often happens in the majority of migratory flows, crossed the ocean in search of better life conditions. The scope of this paper is to trail the path of a swiss immigrant called Marianne Joset Salusse and then follow on to investigate the mechanisms involved in elaborating family memory and public memory around this woman who would become a symbol of immigration to this town. Thus a series of interviews were held with her descendants, which were fundamental for the understanding of current representations and the main elements which constitute the collective memory around Marianne. Besides oral sources, we had recourse to written documents which allowed a retrieval of relevant information about her life. More than simply adding information, written sources allowed for a more profound analysis of oral accounts, unravelling as well as unveiling selective procedures peculiar to memory construction (Pollak, 1989;1992).

Genetic diversity among volunteer donors of bone marrow in southeastern Brazil, according to the HLA system

CONTEXTO E OBJETIVO:Para a realização de transplantes de medula óssea com material alogênico, é necessária a verificação de histocompatibilidade das moléculas do sistema HLA (human leukocyte antigen), fundamental para o sucesso desses transplantes. O objetivo desta pesquisa foi caracterizar os doadores de medula óssea segundo gênero, idade, etnia e grupos HLA de um centro regional de hemoterapia brasileiro.TIPO DE ESTUDO E LOCAL:Estudo descritivo dos doadores cadastrados em um centro regional de hemoterapia de um hospital público universitário da região Sudeste do Brasil.MÉTODOS:Foram consultadas as fichas dos 66.780 doadores cadastrados entre 2005 e junho de 2011 e tabuladas as variáveis estudadas.RESULTADOS:Encontrou-se distribuição equilibrada entre os gêneros, e 82,8% dos doadores tinham até 45 anos de idade. Quanto à etnia auto-referida, 77,3% se apresentaram como brancos, 15,0% como pardos, 5,7% como negros, os 2% restantes dividindo-se em outras etnias. Quanto à caracterização imunogenética, no grupo alélico HLA-A, o mais frequente foi o HLA-A*02, com 39,20%; no grupo alélico HLA-B, o mais comum foi o HLA-B*35, com 14,18%; no grupo alélico HLA-DRB1, o mais frequente foi o HLA-DRB1*03, com 17,03% do total de doadores. Quando esses resultados são comparados com os dados do cadastro nacional de doadores (REDOME), observam-se diferenças demográficas e imunogenéticas, que se explicam pelo histórico de imigração da região de Ribeirão Preto, no Sudeste brasileiro.CONCLUSÕES:Os resultados encontrados reforçam a importância de conhecer o perfil demográfico e imunogenético das regiões do Brasil, para reduzir o tempo de espera por um doador histocompatível.

O processo de securitização e despolitização do imigrante: a política migratória italiana nos anos 1990-2000

Pós-graduação em Relações Internacionais (UNESP - UNICAMP - PUC-SP) - FFC

History and fate of a small isolated population of Weddell seals at White Island, Antarctica

Weddell seals (Leptonychotes weddellii Lesson) at White Island, Antarctica form a small, completely enclosed, natural population hypothesized to be of recent origin, likely founded by individuals from nearby Erebus Bay. This population constitutes an ideal model to document a founder event and ensuing genetic drift, with implications for conservation. Here we combined historical accounts, census and tagging data since the late 1960s, and genetic data (41 microsatellite loci and mitochondrial DNA sequences) from 84 individuals representing nearly all individuals present between 1990 and 2000 to investigate the history of the founding of the White Island population, document its population dynamics and evaluate possible future threats. We fully resolved parental relationships over three overlapping generations. Cytonuclear disequilibrium among the first generation suggested that it comprised the direct descendants of a founding group. We estimated that the White Island population was founded by a small group of individuals that accessed the island during a brief break in the surrounding sea ice in the mid-1950s, consistent with historical accounts. Direct and indirect methods of calculating effective population size were highly congruent and suggested a minimum founding group consisting of three females and two males. The White Island population showed altered reproductive dynamics compared to Erebus Bay, including highly skewed sex ratio, documented inbred mating events, and the oldest known reproducing Weddell seals. A comparison with the putative source population showed that the White Island population has an effective inbreeding coefficient (Fe) of 0.29. Based on a pedigree analysis including the hypothesized founding group, 86% of the individuals for whom parents were known had inbreeding coefficients ranging 0.09–0.31. This high level of inbreeding was correlated with reduced pup survival. Seals at White Island therefore face the combined effects of low genetic variability, lack of immigration, and inbreeding depression. Ultimately, this study provides evidence of the effects of natural isolation on a large, long-lived vertebrate and can provide clues to the potential effects of anthropogenic- caused isolation of similar taxa.

Effects of 2013 Cap reform on land market: regionalized farm payments and changes in farmers’ intended behaviour

The CAP reform process has been a central issue for agricultural economics research in recent years, and is gaining further attention in view of the post-2013 perspectives (Viaggi et al., 2010; Bartolini et al., 2011). Today the CAP is in the middle of a new reform process. Through the debate generated by the official proposals, published in October 2011 (COM(2011)625/3), the European Union (EU) engaged in a revision of the CAP ended on 26 June 2013 when a political agreement has been reached (IP/13/613, MEMO-13-621 and IP/13/864). In particular, in Italy the switch of the payment regime from historical to regional bases will take place. The underlying assumption is that the shift to regionalized payments changes the remuneration of inputs and has an impact on farmers’ allocation of fixed resources. In this context, farmers are expected to adjust their plans to the new policy environment as the regionalization of support is meant to create a change in incentives faced by farmers. The objective of this thesis is to provide an ex-ante analysis of the potential impact of the introduction of regionalized payments, within the post-2013 CAP reform, on the land market. Regionalized payments seem to produce differentiated effects and contribute to a general (slight) increase of land exchanges. The individual reaction to the new payments introduction would be different depending on location and specialization. These effects seem to be also strongly influenced by the difference in historical payments endowment and value, i.e. by the previous historical system of distribution of payments.

Measurements and modeling of ozone fluxes in and above Norway spruce canopies

Ozon (O3) ist ein wichtiges Oxidierungs- und Treibhausgas in der Erdatmosphäre. Es hat Einfluss auf das Klima, die Luftqualität sowie auf die menschliche Gesundheit und die Vegetation. Ökosysteme, wie beispielsweise Wälder, sind Senken für troposphärisches Ozon und werden in Zukunft, bedingt durch Stürme, Pflanzenschädlinge und Änderungen in der Landnutzung, heterogener sein. Es ist anzunehmen, dass diese Heterogenitäten die Aufnahme von Treibhausgasen verringern und signifikante Rückkopplungen auf das Klimasystem bewirken werden. Beeinflusst wird der Atmosphären-Biosphären-Austausch von Ozon durch stomatäre Aufnahme, Deposition auf Pflanzenoberflächen und Böden sowie chemische Umwandlungen. Diese Prozesse zu verstehen und den Ozonaustausch für verschiedene Ökosysteme zu quantifizieren sind Voraussetzungen, um von lokalen Messungen auf regionale Ozonflüsse zu schließen.rnFür die Messung von vertikalen turbulenten Ozonflüssen wird die Eddy Kovarianz Methode genutzt. Die Verwendung von Eddy Kovarianz Systemen mit geschlossenem Pfad, basierend auf schnellen Chemilumineszenz-Ozonsensoren, kann zu Fehlern in der Flussmessung führen. Ein direkter Vergleich von nebeneinander angebrachten Ozonsensoren ermöglichte es einen Einblick in die Faktoren zu erhalten, die die Genauigkeit der Messungen beeinflussen. Systematische Unterschiede zwischen einzelnen Sensoren und der Einfluss von unterschiedlichen Längen des Einlassschlauches wurden untersucht, indem Frequenzspektren analysiert und Korrekturfaktoren für die Ozonflüsse bestimmt wurden. Die experimentell bestimmten Korrekturfaktoren zeigten keinen signifikanten Unterschied zu Korrekturfaktoren, die mithilfe von theoretischen Transferfunktionen bestimmt wurden, wodurch die Anwendbarkeit der theoretisch ermittelten Faktoren zur Korrektur von Ozonflüssen bestätigt wurde.rnIm Sommer 2011 wurden im Rahmen des EGER (ExchanGE processes in mountainous Regions) Projektes Messungen durchgeführt, um zu einem besseren Verständnis des Atmosphären-Biosphären Ozonaustauschs in gestörten Ökosystemen beizutragen. Ozonflüsse wurden auf beiden Seiten einer Waldkante gemessen, die einen Fichtenwald und einen Windwurf trennt. Auf der straßenähnlichen Freifläche, die durch den Sturm "Kyrill" (2007) entstand, entwickelte sich eine Sekundärvegetation, die sich in ihrer Phänologie und Blattphysiologie vom ursprünglich vorherrschenden Fichtenwald unterschied. Der mittlere nächtliche Fluss über dem Fichtenwald war -6 bis -7 nmol m2 s-1 und nahm auf -13 nmol m2 s-1 um die Mittagszeit ab. Die Ozonflüsse zeigten eine deutliche Beziehung zur Pflanzenverdunstung und CO2 Aufnahme, was darauf hinwies, dass während des Tages der Großteil des Ozons von den Pflanzenstomata aufgenommen wurde. Die relativ hohe nächtliche Deposition wurde durch nicht-stomatäre Prozesse verursacht. Die Deposition über dem Wald war im gesamten Tagesverlauf in etwa doppelt so hoch wie über der Freifläche. Dieses Verhältnis stimmte mit dem Verhältnis des Pflanzenflächenindex (PAI) überein. Die Störung des Ökosystems verringerte somit die Fähigkeit des Bewuchses, als Senke für troposphärisches Ozon zu fungieren. Der deutliche Unterschied der Ozonflüsse der beiden Bewuchsarten verdeutlichte die Herausforderung bei der Regionalisierung von Ozonflüssen in heterogen bewaldeten Gebieten.rnDie gemessenen Flüsse wurden darüber hinaus mit Simulationen verglichen, die mit dem Chemiemodell MLC-CHEM durchgeführt wurden. Um das Modell bezüglich der Berechnung von Ozonflüssen zu evaluieren, wurden gemessene und modellierte Flüsse von zwei Positionen im EGER-Gebiet verwendet. Obwohl die Größenordnung der Flüsse übereinstimmte, zeigten die Ergebnisse eine signifikante Differenz zwischen gemessenen und modellierten Flüssen. Zudem gab es eine klare Abhängigkeit der Differenz von der relativen Feuchte, mit abnehmender Differenz bei zunehmender Feuchte, was zeigte, dass das Modell vor einer Verwendung für umfangreiche Studien des Ozonflusses weiterer Verbesserungen bedarf.rn

We Did It Our Way: Motivations, Satisfactions, and Accomplishments of Senior Academic Women

In a survey of senior academic women whose careers began around 1970, over half of the 98 respondents cited the desire to serve or make a difference and sought personal fulfillment in their work. Most saw men’s motivations as dissimilar, typically as more self-interested and competitive. Despite generally high satisfaction, dissatisfaction with time pressure/workload and with support was common. Satisfactions and accomplishments overlapped. Frequently mentioned were teaching, scholarship, and their discipline, especially by faculty, and programmatic accomplishments, especially by administrators. Many respondents mentioned helping women; many mentioned a collaborative, nurturing style as integral to their success and as different from their typical male colleagues. Context is provided by the metaphor of immigration (Martin, 1997, 2000), the concept of ambivalent sexism (Krefting, 2003; Glick & Fiske, 1999), and recent work on women and leadership by Eagly and colleagues (e.g., Eagly, 2005; Eagly & Carli, 2007).

The Evolution of Media Coverage of Historical Sports Controversies

This thesis will cover sports controversies throughout the 20th Century in the context of the media’s newspaper coverage of the events. The 1919 Black Sox Scandal, the debate over American participation in the 1936 Olympics, and Muhammad Ali’s conversion to the Nation of Islam, standing as a notorious public figure, and conscientious objection to the Vietnam War will represent the three sports controversies. The media’s adherence to cultural norms is clear in all three cases. The consistent devotion to the cultural and racial atmosphere of their respective eras was constant and helped to perpetuate accepted, mainstream cultural attitudes. Cultural and racial norms were followed in the coverage of the three discussed controversies. The anti-Semitism and racially intolerant sentiments in America during great waves of immigration in the early 1900s allowed for journalists to freely vilify Jews as corrupters of baseball and the ballplayers who were rumored to have thrown the 1919 World Series. The white ballplayers were supported in the press, who protected their own and blamed outsiders. Jim Crow and the Americanization movement forced African American and Jewish newspapers to limit their journalistic bias on both sides of the debate over American participation in the 1936 Berlin Olympics. The white, mainstream press was void of bias as the spirit of isolationism in America triumphed over journalist’s leanings in the Olympic debate. The racial tension created by the Civil Rights movement of the 1960s created an atmosphere that allowed mainstream journalists to heap endless criticism on Muhammad Ali as he gained fame. By portraying him as a villain of society as both a religious radical and traitor to America, journalists created a common enemy in the minds of white America. In all three cases, a pattern of journalists expressing the state of cultural and racial norms of the era is present and significant.

Development of a physically-based method for delineation of hydrologically homogeneous regions and flood quantile estimation in ungauged basins via the index flood method

Regional flood frequency techniques are commonly used to estimate flood quantiles when flood data is unavailable or the record length at an individual gauging station is insufficient for reliable analyses. These methods compensate for limited or unavailable data by pooling data from nearby gauged sites. This requires the delineation of hydrologically homogeneous regions in which the flood regime is sufficiently similar to allow the spatial transfer of information. It is generally accepted that hydrologic similarity results from similar physiographic characteristics, and thus these characteristics can be used to delineate regions and classify ungauged sites. However, as currently practiced, the delineation is highly subjective and dependent on the similarity measures and classification techniques employed. A standardized procedure for delineation of hydrologically homogeneous regions is presented herein. Key aspects are a new statistical metric to identify physically discordant sites, and the identification of an appropriate set of physically based measures of extreme hydrological similarity. A combination of multivariate statistical techniques applied to multiple flood statistics and basin characteristics for gauging stations in the Southeastern U.S. revealed that basin slope, elevation, and soil drainage largely determine the extreme hydrological behavior of a watershed. Use of these characteristics as similarity measures in the standardized approach for region delineation yields regions which are more homogeneous and more efficient for quantile estimation at ungauged sites than those delineated using alternative physically-based procedures typically employed in practice. The proposed methods and key physical characteristics are also shown to be efficient for region delineation and quantile development in alternative areas composed of watersheds with statistically different physical composition. In addition, the use of aggregated values of key watershed characteristics was found to be sufficient for the regionalization of flood data; the added time and computational effort required to derive spatially distributed watershed variables does not increase the accuracy of quantile estimators for ungauged sites. This dissertation also presents a methodology by which flood quantile estimates in Haiti can be derived using relationships developed for data rich regions of the U.S. As currently practiced, regional flood frequency techniques can only be applied within the predefined area used for model development. However, results presented herein demonstrate that the regional flood distribution can successfully be extrapolated to areas of similar physical composition located beyond the extent of that used for model development provided differences in precipitation are accounted for and the site in question can be appropriately classified within a delineated region.