A few weeks ago on March 31, I accompanied my wife Frances to Auckland,
NZ; Frances was part of an Australian trade mission. We were going to stay at St
Benedict's Dominican Priory. Our host was Fr Peter Murnane, a Dominican priest,
whom you might remember was the priest who recently, at the age of 66 and
celebrating 40 years a priest, rode from Canberra to Uluru as an act of
reconciliation.
While there and while Frances was working during the day, I planned
to take the opportunity to make a quiet retreat. That wasn’t to be, all
because of a man staying there in the Dominican Fathers house.
In 1998, the NZ government passed legislation that allowed Security
Risk Certificates to be issued against persons considered a security threat by
their SIS, the equivalent of our ASIO. In December 2002, Ahmed Zaoui, an
Algerian Muslim, academic and pro-democracy advocate arrived in NZ after fleeing
his country. Yes he did arrive without proper papers but he declared this upon
arrival in NZ. He was taken into custody and subsequently had a Security Risk
Certificate issued against him, the first and only person to date. To this
day he has not been told why. The legislation does not require the NZ SIS to
do so.
Ahmed spent the next 10 months in solitary confinement and another
14 months in detention in a penal institution. During his solitary confinement
rarely did anyone speak to him.
Due to the tireless efforts of his advocates, his detention was
brought before the NZ Supreme Court who determined that NZ law did not require
anyone detained on a Security Risk Certificates like Ahmed to be incarcerated.
There was some debate about where he should go but finally he was released into
the care of the Dominican fathers at St Benedict's. I understand the presiding
High Court Judge dismissed an appeal on this outcome with the comment “if you
can’t trust the Dominican fathers, who can we trust?”
Ahmed’s case was referred
to the NZ Refugee Status Appeals Authority. The Authority is an independent body
established in 1991 to determine appeals from decisions of the Refugee Status
Branch of the New Zealand Immigration Service declining refugee status. It is a
body well regarded by the government. On May 16 2003 the then Immigration
Minister said “in the field of refugee law, the jurisprudence of our Refugee
Status Appeals Authority is second to none.”
The RSAA process was the first time Ahmed was able to state his case in person. The investigations of the RSAA resulted in publication of its findings (see http://www.nzrefugeeappeals.govt.nz/PDFs/ref_20030801_74540.pdf) described as a fair and balanced assessment of Ahmed’s life and works in the full political and historical context.
Do
we have such an authority in this country?
In
the wake of its hearings, the RSAA declared Ahmed to be a genuine refugee in its
report, dated August 1, 2003. Among other things, it ruled that he had a
well-founded fear of persecution including possible execution if he was returned
to Algeria and also found there were no serious reasons that would prevent
asylum being granted.
Despite this ruling, Ahmed continues to live with the Dominican
fathers under a curfew, confined to the house between 10pm and 6am every day and
reporting to police twice weekly. When a colleague of Frances heard where we
were staying, she asked "aren't you afraid for our lives?"
We learnt for ourselves that Ahmed is nothing like the image of the
monster portrayed in particular by talk back radio commentators; another trial
by media.
For a week we very fortunate to get to know the person of Ahmed
Zaoui, a man of great integrity, a truly humble and gentle man full of life and
fun. He is a devout Muslim; his father and his grandfather were both Sufis.
Ahmed was a wonderful cook – he cooked the household meal a couple of
times each week; we discovered the delights of Algerian food. Ahmed was a poet,
a teacher, a man of God. He was also a fair soccer player. Despite his being
separated from his wife and four children for more than four years (they are
still hiding in another country), he is not resentful. When asked what he did
during his solitary confinement, he said "I prayed". When asked how he
survived the beatings, he said “when I cried they stopped. It was as if then
they realized I was human.”
During our stay we also met a wonderful group of volunteers, from
all walks of life. Hairdressers, students, young lawyers giving freely of their
time. They came into the house to assist with all the day to day, answering the
phone and the door, taking Ahmed to the police station and to his soccer. Their
presence brought the house alive.
A highlight of the time for me was a discussion between Ahmed,
representatives of the Muslim and Christian faiths and a Buddhist and
discovering how much we have in common.
My retreat was not what I expected; it was what God meant it to be.
I was truly surprised by the love and hospitality of the Dominican fathers and
all involved in
Ahmed's case. I have been truly motivated to do something back here.
Following his confinement, Ahmed wrote a book of poetry, "Migrant Birds: 24 Contemplations", about his time in prison. To conclude, I’d like to read one entitled “The secret of my resistance”:
Today is your day, so live it as a better day.
The biggest obstacle is to indulge your spirit (indulgence of self, vanity or self-conceit).
The best refreshment in life is having a clear conscience.
The worst bankruptcy in life is to lose compassion.
The biggest need in life is the ability to adjust to each other.
The worst feeling - worse even than rejoicing in the suffering of others - is being indifferent.
The best gift in life is companionship.
The greatest moment in life is isolation... because it permits rediscovery of oneself.
The deepest knowledge in life is faith, because in this you will be free and unique.
Ahmed Zaoui's detention has changed him. His detention has changed everyone he has met, changed them for the better.