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Lectures and Pressures -- Human Rights and Common Laws

Freedom Yours, Justice Ours

To long suffering friends of ours in KP, Mantra & other APODs, one of your colleague Ali Mirazei (RUF113) had taken an important step in contacting directly to the Immigration Minister to release him from detention [#5]. Ali has also circulated his request to the public, which definitely helps us to identify his situation in some more details. I highly recommend all those friends in KP, Mantra & APODs to directly contacting Immigration Minister and, where possible, put your requests out to the public so that we -- the activists -- may also give support to your individual cause.

Detainees in APODs: To Alan Tudge and Marise Payne

Dear Hon Alan Tudge: I am U Ne Oo, a refugee supporter living in Ryde Sydney. I am a private Australian citizen of Burma origin; And I have no affiliations with any political parties; and I work full time as a cleaner to support myself.

I write to you regarding with the situation of asylum-seekers who have been detained after being evacuated for medical emergencies from PNG and Nauru. Most of them are detained the Kangroo Point Hotel in QLD and Mantra Bell Hotel in VIC. There are also former offshore asylum-seekers now in various APOD and ITAs.

ERRONEOUS OFFSHORE LAWS

Legal Boundary of Offshore Processing Regime

Friends, this research article which written in 2007 had outlined the legal limits of the offshore detention. The article seeks to distinguish, within public debates about refugees, between Australia's international legal obligations vs. aspirational adherence to 1951 Refugee Convention etc.. The aspirational adherence to Convention basically means that the general public or human rights campaigners say the government "ought to" do in regards to refugees.

HCA Failed Offshore Detention Challenge S195/2016

Friends, I am uploading the HCA 31 (S195/2016) Order, which an asylum-seeker in 2017 had sought to challenge the Government's Offshore Detention Regime, following the PNG Supreme Court ruling that asylum-seeker's detention on PNG soil is unconstitutional (PNG). Gallant effort, no doubt, on the part of the asylum-seeker but the judges said the points being raised have not been quite within the bounds of Australian Constitution. We need to observe why this challenge had failed. For example, the High Court mentioned there were no question being raised about Australian Law as:

Letter to UN Secretary-General Guterres

In this follow up to the previous letter of 21-Aug-2019 to you, I would like to report that the PNG authorities have recently relocated all the refugees and asylum-seekers on Manus Island to the City of Port Moresby. On 2nd September 2019, the PNG authorities have announced the closure of Manus Island Refugee Camp [#1].

Nauruan MOU and Dabwido -- Devil not in Him

Former Nauruan President Dabwido died at the young age of 46, was regretting about the MOU he had signed on 2012 for Offshore Detention. Actually, that MOU, by itself, may not be blamed entirely for the ill treatments and sufferings endured by the offshore asylum-seekers. The real culprit for this suffering, we can trace back to September 2011, where Malaysian deal was struck down by the High Court, the then Labour Government tried to circumvent that HCA ruling.

Methods for Identifying Slavery

"Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint." (Nuernberg Military Tribunal 3-Nov-1947, Opinion and Judgment on Case 4. United State vs. Pohl)

Enslavement: Core Violations and Indicating Factors

To those who think, "Slavery must be associated with exaction of labour", above mentioned judgement is saying that it is not always the case. Exploitative labour condition can only be an indicating factor -- Factor Indicia -- for slavery.

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LATEST UPDATE

Common law aspects of the doctor-patient contractual relationship in connection with the patient's natural (inalienable) rights in medical treatment. Examine Commonwealth Government's healthcare provision in offshore immigration detention based on the common law doctor-patient contract. Open public license 4.0 applied all content.

FEATURED

Collection of evidence and cases on detention slavery. Have chosen pieces of evidence that are reliable so that one can submit directly to the tribunal of fact. All evidence is taken from verifiable sources only. Two examples of enslavement with medevac delays on Faysal Ishak Ahmed and Samuel. Open public license 4.0 applied all content.

FEATURED

Australia's offshore processing scheme is interpreted within the context of enslavement of asylum-seekers. Starts with the applicability of Australian slavery laws at offshore settings, compare international and domestic slavery laws. Then, identify offshore medevac delay incidents as the indicators for slavery. Elucidate such delay incidents as violation of natural rights of human person, and that of Torture Laws and Slavery Laws.