#LetThemStay petition invokes cornerstone of ethics

Leading medical academics and community figures have invoked the ethical principles of health research to condemn asylum seeker treatment on Manus Island and Nauru, in an open letter to the prime minister. The World Medical Association’s Declaration of Helsinki, a cornerstone of medical ethics, states that practitioners cannot subject one party to harmful treatment without their consent, even if this treatment would affect another. One common example the medical profession uses to explain this is a person with two good kidneys can’t be forced to donate one kidney to another, even if the transplant would be lifesaving. Likewise, the forcible detention of asylum seekers is unethical regardless of perceived benefits for Australia, the 75-strong group behind the letter argued, because asylum seekers didn’t give consent. The group says the argument that asylum seekers knew what they were getting into is a fallacy. “That sounds as though this is punishment but these people haven't committed a crime,” professor John Ziegler, a Sydney Children’s Hospital immunologist and a signatory to the open letter, told Campus Review. “They haven't been convicted of any crime, so it's not appropriate to punish them and even if they are being punished, you don't punish children in that way.” The letter and full list of signatories can be viewed here. The federal government argues it isn’t punishing asylum seekers, it’s just deterring people from coming by boat. An Australian Border Force response to a petition sent by Academics for Refugees calling for the release of children and their families from detention outlined that while Australia is attempting to ensure the best interests of asylum seekers are upheld, “other primary considerations may also be relevant in certain circumstances. Such countervailing considerations may mean that some families remain held in detention.” Related coverage: Wilkie backs academics’ push to release children from detention Since the implementation of Operation Sovereign Borders, the number of asylum seekers reaching Australia by boat has been drastically reduced, along with numbers of children in immigration detention. The Immigration Department’s own figures show 80 children in offshore immigration detention as at January 2016, with 73 in Australia for temporary medical treatment, compared with a peak of 1992 children in detention in July 2013. This could still be considered unethical under the Declaration of Helsinki, however, as it may cause asylum seekers harm without their consent. Studies have shown that long-term detention can be detrimental to physical and mental health, especially for children. There are also ethical questions surrounding medical practitioners working in immigration detention. Professor David Isaacs, a Sydney Westmead Children’s Hospital pediatrician, is an outspoken critic of Australia’s asylum seeker policies and a signatory to the letter. He questioned in an essay published in the Journal of Medical Ethics whether health professionals compromise their own ethics by working in immigration detention. “Healthcare professionals looking after detainees face a moral conflict between their primary obligation to the patient and their obligations to institutions and employers,” Isaacs wrote. “It could be argued that healthcare professionals in immigration detention centres are ideally placed to work towards better conditions for detainees. "[It could also] be argued that doctors and nurses have a moral duty both to serve and to speak out; however, the restrictive contracts and legislation in Australia mean that those who do speak out will not be re-employed in detention centres and face possible retribution. Each individual practitioner faces the moral dilemma of whether to work in immigration detention at all and effectively condone what amounts to torture; and if they do work there, they must decide for how long and to what extent they report on harms." Professor Konrad Kweit, Sydney Jewish Museum resident historian, University of Sydney Jewish studies lecturer and a signatory, said asylum seekers aren’t doing anything illegal by attempting to reach Australia by boat. The United Nations has found Australia is violating its international obligations with its policy. He worries Australia’s stance could justify similar policies in light of the global refugee crisis. “Australia is arguing we protect our border and we don't let anyone in and avoid the problems that Europe is now facing,” Kweit said. “But it's not [solely] an Australian or European problem, it's a global problem.” Australian academics, including many outside of the medical profession, have rallied against Australia’s asylum seeker and refugee policies. Academics for Refugees has attracted more than 1100 signatures. A Swinburne University of Technology-led petition has lobbied the federal education minister, Simon Birmingham, the prime minister and Universities Australia to make university affordable for those on temporary protection visas. Related coverage: Financial barriers stand between refugees, education The move against detention isn't limited to Australia. Academics from Canada’s York University are leading a global effort to call on governments, including Australia’s, to refrain from using deterrence in asylum seeker policies and to up refugee intake. Early childhood academics are also calling for children, and their families, held on Manus Island and Nauru, to be allowed to live in Australia.