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Friday 5 May is the 25th birthday of the introduction of mandatory detention in Australia by the Keating government. It is by no means a 'happy birthday'. Rather it is a sombre reminder of how control, power and political vilification can be used for political ends. There are now more sections in the Migration Act dealing with statutory bars, mainly directed at asylum seekers, than the total number of sections in the whole of the Immigration Restriction Act of 1901.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.
Ministerial discretion over citizenship can't replace court processes. Such executive overreach, which contradicts democratic principle, has already found expression in law. From July 1st, workers involved in immigration detention, including doctors and teachers, are subject to two years imprisonment for speaking publicly about what they witness. In other words, whistleblowing has been penalised.
View this week's offering from Eureka Street's award winning political cartoonist.
All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?
A group of 50 academics has pointed out that 'Independent public office holders are an important part of modern democratic societies.' The Australian Bar Association and the Law Council of Australia have similarly argued that the personal attacks on Triggs amounted to an undermining of justice and the protection of human rights. It is a point the Abbott Government neglects to its peril.
Federal Education Minister Christopher Pyne has supported a national curriculum, while some observers have cautioned that it is not the panacea for improving educational standards that many may hope for. The Federal Review report released in the past week addresses many of the concerns, and on the whole their recommendations seem appropriate and constructive.
The recent independent redress scheme announcement by the Catholic Church's Truth, Justice and Healing Council is welcome. However it is not simply a matter for church hierarchy. Congregations need to be brought into the process of healing and reparation, which might include liturgies of lamentation and practical ways to make the church a safe place for victims of abuse.
In a nation still divided bitterly along race lines, blacks, and to a lesser extent Hispanics, bear the brunt of America's prisons-for-profit program. The perils of mandatory sentencing should serve as a warning to NSW, which has announced mandatory minimum sentences as a response to alcohol-fuelled violence. The question is not which drug is more dangerous, but how society chooses to deal with each one and why.
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