Read The Times Australia

Daily Bulletin

Churches would break the law if they gave sanctuary to asylum seekers – but does it matter?

  • Written by: The Conversation Contributor
image

Churches around Australia invoked the centuries-old principle of church sanctuary following a High Court decision last week that cleared the way for 267 asylum seekers to be returned to Nauru or Manus Island. The churches offered protection to any refugee who could make it onto their grounds.

This is not the first time in recent decades that churches have invoked sanctuary in an attempt to protect those they perceive need help. Since 1982, a sanctuary movement has operated in the US assisting refugees. Church workers have explicitly declared their grounds as public sanctuary.

In Australia in 1999, the Uniting Church opened a medically supervised injecting centre for drug users in breach of criminal law at the Wayside Chapel in Sydney.

These contemporary claims of sanctuary are grounded in history. A sanctuary was a sacred place where a particular authority granted protection to a fugitive. But the abolition of the church’s version of sanctuary in more recent times is often presented as a story of progress; there is no need for other and higher laws in the modern state – which is itself the sanctuary.

Civil disobedience

The Australian churches’ assertion of sanctuary is an act of civil disobedience. This is part of an historic natural law tradition, which asserts that laws can be judged not only by whether they are correctly made, but whether they are good and right.

The justification for civil disobedience in this case is that Australia’s current refugee policies are harmful and wrong. This explicitly challenges the current state response to refugees. These acts of disobedience force the state to choose between different interpretations and meanings of the law.

Church representatives have accepted they may be punished for this civil disobedience. But will police breach church territory to arrest any asylum seekers who seek sanctuary and any of those complicit in offering sanctuary? Will members of judiciary be willing to impose criminal sanctions on those involved in civil disobedience?

Recent examples of sanctuary

In the US the territory of the modern sanctuary movement has been respected. Police wait outside the church until a person leaves and then charges them with various immigration offences.

But, in Australia, police did not respect the Uniting Church’s claim of sanctuary in 1999. During the five days it operated, there were three police raids at the medically supervised injecting centre at the Wayside Chapel. People injecting drugs were arrested.

During the third raid, the room was sealed off, and the names and details of everyone in attendance were obtained. The clergyman and three people with prohibited drugs were charged and required to appear in court. But magistrates dismissed all charges associated with the cases.

In the US, however, the prosecution has successfully requested the court exercise judicial control to preclude the defence from using the courts to put the US Central American migrant policy on trial. This has left the defence with no basis to argue that sanctuary was constitutionally protected. Sanctuary workers have been found guilty of conspiring to smuggle aliens into the US and placed on probation.

The establishment of the medically supervised injecting centre through sanctuary highlighted the irrationality and harmfulness of the existing drug prohibition regime. The centre’s aim was to stimulate media attention, engage in moral – and rational – persuasion and hopefully stimulate law reform by challenging an existing worldview and offering an alternative.

The centre resulted in government inquiries and led to the creation of the legal injecting room that continues to exist today.

It is likely Australian police will not respect the territorial boundaries of the churches’ claim to sanctuary for the asylum seekers, if any choose to take up the churches’ offer. It is questionable whether or not the judiciary will apply the law against those who have engaged in these acts of civil disobedience.

What is definite, though, is the church’s assertion of sanctuary will stimulate debate about the morality and justice of the current laws with regard to asylum seekers.

The headline was amended for clarity post-publication.

Authors: The Conversation Contributor

Read more http://theconversation.com/churches-would-break-the-law-if-they-gave-sanctuary-to-asylum-seekers-but-does-it-matter-54232

Business News

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...