How
do we Interpret Operation Fortitude?
On
Friday 28th August at 9:52 am Victoria Police issued a
statement about an upcoming operation to crack down on anti-social
behavior that weekend. These operations are nothing new and quite
routine. The operation was to involve Victoria Police, Yarra Trams,
The Sheriffs Office, Taxi Service Commission, Metro Trains and the
Australian Border Force (ABF).
ABF
is a relatively new organisation (it was formed by a merger in July
2015 of the Australian Customs and Border Protection Service and the
Department of Immigration and Border Protection. It was modeled on
two organisations. Border Force UK and the American Department of
Homeland Security.
At
10:14am The ABF released its own statement. It read:
ABF
joining inter-agency outfit to target crime in Melbourne CBD
28-08-2015
-
This
weekend Australian Border Force (ABF) officers will for the first
time join forces with a diverse team of transport and enforcement
agencies to target crime in the Melbourne Central Business District
(CBD) as part of Operation Fortitude.
Tonight
and tomorrow evening (Friday 28 and Saturday 29 August 2015) Metro
Trains, Yarra Trams, the Sheriff’s Office, Taxi Services Commission
and the ABF will join Victoria Police as part of the inter-agency
operation.
With
a particular focus on people travelling to, from and around the CBD,
the group of agencies will work together to support the best
interests of Melbournians, targeting everything from anti-social
behaviour to outstanding warrants.
ABF
Regional Commander Victoria and Tasmania, Don Smith, is proud the ABF
will be participating in the operation.
“While
the ABF regularly conducts a range of compliance field-work, this is
the first time we’ve been involved in an inter-agency operation of
this nature and we’re very proud be able to support each of our
organisations to achieve our common mission of promoting a secure and
cohesive society here in Melbourne.”
“ABF
officers will be positioned at various locations around the CBD
speaking with any individual we cross paths with,” Mr Smith said.
“You
need to be aware of the conditions of your visa; if you commit visa
fraud you should know it’s only a matter of time before you’re
caught out.”
(Emphasis
Mine)
The
inter-agency outfit will continue to work together on an ongoing
basis to target crime in and around the Melbourne CBD to make the
city a safer place for everyone.
Media opportunity
Operation
Fortitude will be launched by representatives from each participating
agency at 2pm today (Friday 28 August 2015) on the steps of Flinders
Street Railway Station.
ENDS
I have bolded the text
which caused the issue. The Australian Border Force told Melbourne
that they would be speaking to "individuals we cross paths with".
Here it certainly sounded like Border Force were jackbooting around
Melbourne, approaching anyone they meet and demanding "Papers
Please".
Social media went into
meltdown. The hashtag #borderforce trended worldwide. The ABF
statement was both incredibly offensive and pointed to illegal
behavior on the part of Border Force. A protest was organised at the
spot the press conference was to be held. This was Flinders Street
Station steps. The beating heart of the city. Traffic was stopped and
rail commuters were confronted with placard waving leftist protesters
screaming chants like "refugees are welcome, Border Force is
not".
Border Force looked to
clarify their position quickly and sent out 4 tweets to calm the
storm they had created.
The
ABF will assist Victoria Police in an operation to target crime in
the #Melbourne
CBD
this weekend 1/4
ABF
officers will assist partner agencies by conducting background visa
checks on individuals who are referred to us 2/4
The
ABF does not and will not stop people at random in the streets &
does not target on the basis of race, religion, or ethnicity 3/4
@DIBPAus
has regularly conducted compliance activity of this nature in the
past. This responsibility will now be continued by ABF 4/4
ABF then tweeted a link to a longer statement.
28-08-2015 -
The
Australian Border Force (ABF) will not be ‘stopping people at
random’ in Melbourne to ‘check people’s papers’ as reported
in media this morning regarding Operation Fortitude.
As
stated in this morning’s press release, the ABF will be assisting
in a joint operation led by Victoria Police in Melbourne this
weekend.
To
be clear:
- This is a joint agency operation led by Victoria Police.
- The ABF will assist other agencies in this operation by conducting background visa checks on individuals who are referred to us by Victoria Police and other agencies.
- The ABF is but one of eight agencies assisting in this operation.
- The ABF does not and will not stop people at random in the streets and does not target on the basis of race, religion, or ethnicity.
- Joint operations of this type are common and were previously conducted by Departmental immigration officers.
ABF
activity will occur at only two of the numerous locations where
Operation Fortitude will be carried out in the Melbourne CBD this
weekend.
Media Operations:
(02) 6264 2244
Media Operations:
(02) 6264 2244
Very quickly Victoria
Police (who were in charge of the operation) cancelled the press
conference and then cancelled the whole operation. The tone of the
comment on social media changed quickly as well. The hashtag
#borderforce was replaced by #borderfarce. People were no longer
angry, but poked huge amount of fun at the bungled operation.
Border Force went from
looking like Heinrich Himmler to Sgt Shultz in minutes. But in the
cold light of day, how should we react to this event?
What
Went Wrong?
This operation was led by Victoria Police. The legality of Operation
Fortitude is quite solid. These operations are routine and legal.
Border Force were only part of the operation behind the scenes where
Vic Police would bring people they picked up to check visa status.
This is Legal. In my opinion it's also a reasonable use of resources.
But Mr Don Smith the head of Victoria and Tasmania Border Force in
writing the offending media statement massivly overplayed both Border
Force's role in Operation Fortitude and issued the type of menacing
statement more expected in Soviet Russia than Liberal Australia.
Either Mr Smith believed this is how the operation would be
undertaken, which as an illegal operation would be either grossly
incompetent or show an astounding indifference towards the law which
is quite explicit that Border Force require "reasonable
suspicion of violation of immigration law", or he knew that he
described an illegal operation, but hoped no-one would notice.
Law Enforcement agencies always push legal boundaries. It is in the
nature of the job. We tell Law enforcement officer to do a job, but
in the name of freedom, we make it harder for them by requiring them
to get warrants etc. This is the tension Law Enforcement and
Legislative Government are required to balance. It is a balance that
the Abbott Government has tipped massively against freedom and towards
Law Enforcement.
The Abbott Government has flat-lined almost terminally in the polls.
Only one issue raises a murmur in the polls from the dead heart of
the voting public. National Security. It didn't go unnoticed by Abbott
and his colleagues that the more he makes Australia scared, the more
votes he gets.
According to Laura Tingle Tony Abbott is trying to capitalise in
this fact by delivering one defense/security "announcable"
per week until the election. This Operation Fortitude participation
is one of those announcables. I think it's quite likely that Don
Smith was told to overstate Border Force's role in Operation
Fortitude by his management under pressure from the Federal
Government.
So the Border Force press release and the press conference were
intended to make Melbourne feel safe from the scourge of immigrants,
by threatening immigrants. They showed such an amazing tone deafness
to a city of immigrants that one immediately has to suspect the Abbott
Government's hand.
Most of the commentariat fell into their well worn rolls
talking about this issue. The right wingers laughed at how anyone
could imagine jackbooted thugs on the streets of Melbourne. This was
all just a beat-up about a badly worded press release. They were
right. The left wingers railed against the militarism of Border Force
and their leaders. They were also correct.
DON'T
TREAD ON ME!
Something significant occured on friday. Border Force collectivly
threatened Melbourne. They told Melbourne they would be checking
visa's at random. The press release not only could be read that way,
but In my opinion was intended to be read that way. Melbourne Said
"No". A line was drawn in the sand that will make it more
difficult for another government to cross. When push came to shove
Melbourne stared back at the bully and declared "DON'T TREAD ON
ME"!