The Advertiser, 8 November 2013
PICTURE this scenario at an Australian international airport arrivals terminal: “
Excuse me, sir. We are the Federal Police. You are under arrest.”
“Are you serious? What for?”
“Participating in illegal military activities while in Syria.”
“I was on a humanitarian mission!”
“You will need to prove it.”
But this scene will not play itself out in reality while politicians drag their feet in a legal quagmire.
The Abbott Government is renowned for its simple and clear statements, especially pertaining to border protection.
The incarnation of the ‘‘stop the boats’’ war-cry was to launch Operation Sovereign Borders, deploy a three-star general and render the seafaring asylum seekers ‘‘illegal arrivals’’.
So what is the incarnation of its “baddies versus baddies’’ banner overarching Syria?
Why have we not seen the Government launch Operation Foreign Fighters, deploy a three-star general and render the returning mercenaries ‘‘illegal combatants’’?
In his book Foreign Fighters: Transnational Identity in Civil Conflicts, Dr David Malet from Melbourne University claims that the 200 Australians participating in the Syrian war outnumber all other Westerners.
He contends that “the biggest danger is that they return home as recruiters” and are hailed as “heroes in their local communities”.
Surely, this must render them more dangerous than the ‘‘illegal arrivals’’ who are desperately seeking life for their beloved families, not martyrdom for their ‘‘brothers in arms’’ and a ‘‘ticket to paradise’’? Already four Australians are known to have been killed in Syria since the uprising began.
It was rich of former foreign minister Bob Carr to urge his successor to revisit the idea of legally blocking these Australian citizens from returning home from the Syria war zones. He had his chance.
What has been the result of his strategy of intelligence gathering and merely monitoring their recruitment activities after their return? The number of fighters swelled from single to double to triple digits.
While our intelligence agencies need to keep their confidential information and control orders out of the public domain in case the radicalised recruiters go underground, the public deserve more than blanket response of ‘‘trust us – we are doing much more than you think’’.
Regardless of reality, there is a prevailing perception that Australian jihadists come and go with impunity.
Community advocates sounded the alarm when there were two high-profile Australian fatalities in the battle zone in 2013. The alarm was amplified with when this figure subsequently increased.
The government’s “‘wait and see’’ strategy revealed a gaping loophole and made a mockery of our federal laws.
Those opposing the Syrian government did not want their sons to slip down this hole, as virtually all embraced Australia to flee from war. Those supporting the Syrian government also opposed this loophole because of their general concern over foreign mercenaries and terrorists allied with al Nusra and al-Qa’ida.
When David Hicks was participating in paramilitary training in Afghanistan in 2001, the US Military Commission charged him with “providing material support for terrorism” and he was detained in Guantanamo Bay until 2007. But when other Australians participate in military activities in the plethora of pro and anti-government ‘‘brigades’’, they return home to a hero’s welcome.
The current law is articulated by the Department of Foreign Affairs travel advice: “It is illegal under Australian law for Australian citizens, including dual citizens, to provide any kind of support to any armed group in Syria.
“This includes engaging in fighting for either side, funding, training or recruiting someone to fight.”. . . Australians who commit these offences while overseas may be prosecuted in Australia”.
Breaches may incur heavy fines and a maximum 10 years’ imprisonment. So why has there not been a single arrest, prosecution of or conviction reported to the Australian public since the alarm bells were sounded?
Too many of these Australians publicly claim to be offering humanitarian aid to the Syrian refugee epidemic, but their Facebook photos show them posing proudly with guns.
If the problem is loopholes within the current Australian law, then it is incumbent upon the Attorney-General George Brandis to update the national security laws. , just as the anti-terrorism laws were updated with 54 new Bills under the Howard government. The real ‘‘illegals’’ are arriving in planes, not boats.
Joseph Wakim is the founder of the Australian Arabic Council and author of Sorry We Have No Space.