Read The Times Australia

Daily Bulletin

We cannot rely morally on 'deterrence' to justify our harsh refugee policies

  • Written by: Tony Coady, Professor of Philosophy, University of Melbourne
We cannot rely morally on 'deterrence' to justify our harsh refugee policies

When debate about refugees ascends from slogan swapping (“stop the boats”, “bring them here”) to specific reasoning, there seems only one argument worth considering for the ignominious detention of asylum seekers on Manus Island and Nauru and the refusal to ever settle any in Australia.

That argument, advanced by both the government and the opposition (occasionally in a less strident form), stems from deterrence. It’s worth considering the argument even as a handful of these detainees are resettled in the US or possibly other distant and politically ambiguous destinations.

Deterrence involves an action or policy designed to instil fear of the consequences of committing some other action. But there are considerations relevant to the assessment of deterrent measures, especially when those measures inflict pain, damage or harm on some to deter others.

One is the measures’ likely success. Another is their independent moral acceptability.

Another concern is the acceptability of the purpose for which deterrence is employed – that is to say, why is it good to stop the boats? This opens up too many questions to be dealt with here, so assume (what would otherwise be questioned) that the purpose is a good one – for example, stopping deaths at sea. It will rather be the morality of the means (deterrence) that will concern me.

First, the harm issue. It is clear the offshore detainees suffer deliberately inflicted harm from their incarceration. This is so even if we manage to suspend judgement on how extreme that harm is – something made even more difficult by a variety of dramatic and credible testimonies.

Even if detainees are not humiliated, beaten, raped, murdered, or had their health and education gravely neglected, they are effectively and indefinitely imprisoned and often separated from family and friends. This last is usually a profound human harm though less immediately palpable than some others.

As for success, there is room for debate since the associated policy of turning back the boats is already sufficient to deter future boat people and smugglers, or at least stop them landing here. If so, the infliction of serious harm on the refugees through indefinite detention is unnecessary and hence immoral.

In any case, even granting the success of extreme incarceration, there remains the fact that the efficiency of the policy to the desired deterrence outcomes does not justify “whatever it takes”. It may be that the most morally monstrous actions might work as deterrents but be unacceptable morally even to the most casual conscience.

Consider the suggestion we should have deterred further refugees from embarking for Australia by taking a selected group of mothers and children from the earlier arrivals by sea and publicly executing them.

This has the merit of almost certain success and avoiding the extravagant financial cost of offshore detention. But I believe this measure, whatever its success, would strike most Australians as morally repellent.

One reason for the dubious nature of severe deterrent measures is that the morality of deterrence is most at home when those harmed to deter others are guilty of some crime or offence themselves and when the harm is proportional to the offence. This is precisely how deterrence is offered as a (partial) defence of the legal imprisonment of offenders, or more dubiously of capital punishment.

Certain forms of guilt can lead to deprivation of rights, such as imprisonment, and this in turn allows that deprivation to function as a deterrent to others. But asylum seekers are not guilty of any legal or serious moral offence – merely, at most, of irregularity in entering the country.

In any case, execution would be disproportionate to such irregularity, especially when that irregularity is legitimised by international law.

Nor is the situation much changed if, instead of killing them, we had them publicly tortured.

Perhaps, aside from waterboarding or electric shocks, we might try more subtle tortures like separating parent from child, inducing despair by isolating refugees in demeaning conditions on remote islands with no hope of anything like a normal life, and ensuring inadequate access to life-saving medical treatment or educational improvement. And instead of a selected few, we could do it to a large number of those who had arrived seeking refuge from disaster.

We could endeavour to make this policy secretive but just public enough to make deterrence work, while softening the effect of any moral outrage at home by rejecting our responsibility and shifting it to the governmental authorities on those islands and a variety of largely unaccountable private security companies.

Again, this is morally repellent and impossible to justify ethically. But that’s more or less what Australia has been and is doing on Manus Island and Nauru. And that is not a morally permissible resort to deterrence.

Authors: Tony Coady, Professor of Philosophy, University of Melbourne

Read more http://theconversation.com/we-cannot-rely-morally-on-deterrence-to-justify-our-harsh-refugee-policies-94094

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...