Lawyers urge PM to take action for Afghanistan
A number of community legal services across the country have called for Prime Minister Scott Morrison to take action regarding the crisis in Afghanistan.
![Lawyers urge PM to take action for Afghanistan](/images/articleImages-850x492/Afghanistan_taliban_lw.jpg)
In an open letter published last week, the Afghan Australian Advocacy Network, along with academics, lawyers, doctors, organisations and members of civil society called for the Prime Minister to take six urgent, concrete steps to ease the suffering of people from Afghanistan at this critical time. This letter collected more than 9,000 signatories and was endorsed by 307 organisations.
Following the bombing of Kabul airport on 26 August that took the lives of over 100 people, the network has urged the Australian government to take steps with increased urgency after it announced an end to the evacuation mission from Afghanistan with the withdrawal of all Australian troops.
According to the network, there are now serious fears about the fate of the people of Afghanistan who have already suffered for decades and are now facing an imminent humanitarian crisis with the violent Taliban takeover and the most recent bombing attributed to Islamic State Khorasan Province (ISKP).
Human rights lawyer Arif Hussein criticised both the US and Australia troops withdrawal from Afghanistan.
“The hasty, chaotic, and irresponsible manner in which international troop withdrawal from Afghanistan has taken place leading up to 31 August 2021, has directly contributed to the current humanitarian crisis the Afghan people face and the recent attacks by Islamic State Khorasan Province (ISKP),” he said.
“After two decades of intervention and promises, the Afghan people are now abandoned to face the double threat of a Taliban rule, and ISKP attacks with the devastating consequence seen overnight.”
Since the publication of the Afghan Australian Advocacy Network letter, over 160,000 people have signed petitions in support. Several advocacy groups and members of the international legal community also expressed grave concern regarding the fall of Afghanistan’s government to the Taliban after president Ashraf Ghani fled the country on 15 August and the country erupted into chaos.
The Refugee Advice & Casework Service, the Human Rights Law Centre, the Asylum Seeker Resource Centre, Immigration Advice and Rights Centre, Refugee Legal, Circle Green Community Legal and Refugee and Immigration Legal Service have all voiced support for the six calls of action.
Refugee Advice and Casework Service centre director and principal solicitor, Sarah Dale, said that the organisations stand alongside the community of Afghan Australians and called the current crisis “utter devastation”.
“We are a country that prides ourselves on giving ‘a fair go’ to all, on equality for women and minority groups, on democratic freedoms. We call on the Australian Government to stand for those values that make the Australian community proud, and show compassion and humanity,” she said.
“They could do this by instantly taking the six steps featured in the open letter, to alleviate the suffering of the people of Afghanistan. They are very simple asks. The Australian Government could, and should, act right now.”
David Manne, executive director and principal solicitor at Refugee Legal, added that Australia has a “fundamental obligation” to do more to help the people of Afghanistan and outlined ways in which the government can do better.
“It must start with lifting the humanitarian intake by at least an extra 20,000 people. There is a driving moral responsibility to act now and not abandon so many people in danger and distress,” he said.
“We must evacuate people at imminent risk, grant permanent protection to Afghans on temporary visas, reassess refused cases, and expand family reunion for relatives at risk. Australia has a deep tradition of stepping up at times of humanitarian crisis to provide direct help and international leadership. It is incumbent upon Australia to do so again now.”
Last week, the Public Interest Advocacy Centre’s (PIAC) Truth and Accountability Program, which assists in international human rights fact-finding from remote areas or with witnesses outside the country under investigation, brought to light the chaos and renewed violence in Afghanistan. Speaking on the program, former chair of the UN Commission of Inquiry into North Korea and former High Court justice, the Honourable Michael Kirby said that “we must never give up our demand and expectation for accountability,” particularly amid the current crisis.
Human Rights Law Centre legal director David Burke said that this accountability must translate to the Australian government, too.
“Australia has a moral duty to step up for the people of Afghanistan. After intervening in the US-led war two decades ago, the Morrison government must not abandon a single soul, neither here in Australia nor the people being forced to flee after the violent Taliban takeover,” he said.
“The Prime Minister could today grant permanent protection to those who are currently on temporary protection visas in Australia, commit to an additional humanitarian intake of at least 20,000 people and prioritize family reunion for people split across our two countries. The Australian government cannot walk away from what will be an ongoing humanitarian disaster.”
Immigration Advice and Rights Centre director Gregory Rohan added that Australia “can and must do more” when it comes to helping the people of Afghanistan, including granting permanent protection to more than 5,100 refugees from Afghanistan and lifting the ban on resettlement of refugees to Australia through the United Nations High Commissioner for Refugees in Indonesia, which has been in place since 2014. This ban continues to limit resettlement options for 10,000 refugees from Afghanistan awaiting safety and protection.
“With the stroke of a pen, the Minister could immediately increase Australia’s humanitarian intake, prioritising high risk groups and people with Australian relatives; expedite the processing of Family stream visas for the family of Australian citizens and permanent residents in Afghanistan; and grant permanent protection to the thousands of people from Afghanistan in Australia on temporary visas who cannot return home,” he said.
“Australia has stepped up in times of crisis before. Now is the time to step up again and act quickly to alleviate some of the suffering for people from Afghanistan here and their families back home.”
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Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.