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'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
On Monday we learned that two boats of Tamil asylum seekers had been intercepted off Christmas Island. Now there are unconfirmed reports that Australia is handing them over to the Sri Lankan navy without assessing their claims for protection. Amnesty warns Tamils face the risk of sexual violence, torture, murder, imprisonment, and enforced disappearance. Since March this year there have been scores of arrests and several deaths.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
Quite striking is the similarity between the warm response to Pope John XXIII half a century ago and to Pope Francis today. Both broke through the gilded cage of outdated conventions and stereotyped expectations. Both stepped over barriers of ideology or religion to evoke bonds of a common humanity committed to promoting the wellbeing of all people, especially the poor and marginalised. The contexts were of course quite different.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
'We should abandon talk of taking Australia off the table. We should also abandon talk of taking the sugar off the table. The collateral damage of that is too great. The best we can do ethically and practically is to put the sugar out of reach while leaving it on the table for those who make it here with a visa or in direct flight from persecution.' Frank Brennan contributes to a Palm Sunday panel at St Michael's Uniting Church, Melbourne.
The Olympics and World Cup were once seen as a triumph of corporate and athletic enterprise, but today we count the cost. Previous events left countries with decaying venues and huge bills. Government funds line the pockets of corporations but do little for local industry. The Olympics have caused the evictions of more than two million people over the past two decades. It's time to re-think what these events are actually trying to achieve.
The BBC's John Humphrys admonished Julie Bishop over the Coalition Government's off-shore processing centres, which he said 'have been described as 'breeding grounds for rape, riots, malaria and mental illness, that bear the look of concentration camps'. Alice Herz-Sommer, believed to be the oldest survivor of the Holocaust, died recently in London. Her story contains salient lessons for Australia's border protection regime.
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
The new TPV is harsher than the version introduced by the Howard Government, mainly because it has no pathway to a permanent visa — once granted, it is likely that the best you will ever get in Australia is a TPV. The TPV is a punishment, not a deterrent; a cruel visa that reflects the cruelty of the politicians introducing it.
Last week asylum seekers had a small win only to have it snatched away, and then were confronted by a more serious attack. Those working with asylum seekers have learned to expect abuse and derision from governments directed against asylum seekers and those helping them. Labor is only moderately better than the Coalition, but at least they occasionally made positive decisions. However these recent events have reached a new nadir.
Governor-General Quentin Bryce's brief interventions on same sex marriage and the republic, though careful and aspirational, may submerge her earlier thoughts. She may come to regret not delaying them until after she leaves office. But more attention has been focused on the monarchy-republic issue when really the more instructive issue for the office of governor-general is the same sex marriage question.
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