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In an impressive demonstration of how the revocation of citizenship can be made to work to defend the national reputation and lifestyle of a country against those who would wish it harm, five of the country's seven opposition MPs (in a 19 member Parliament) have had their passports cancelled for 'damaging the reputation and development of the country'. In Australia, at least for the moment, damaging of Government property will still be required for the Minister of Immigration and Border Protection to revoke citizenship under the new anti-terror provisions in s.35A of the Citizenship Act.
On July 1 the Australian Border Force Act 2015 became law. Detention centre staff are now forbidden to speak about human rights abuses, with a two year jail penalty applying. It is perhaps appropriate to recall the secrecy of the security apparatus of Stalinist Russia, Apartheid South Africa, and Chile and Argentina under the Generals, where victims were denigrated and information prevented from leaking out.
Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.
In George Orwell's most famous novel 1984, the white face of the Ministry of Truth bears the slogans: WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH. Australia is not approaching dictatorship, but a quick look at Orwell's slogans in the light of the past week's news makes disturbing reading.
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?
International law regards torture as a matter of ius cogens, something which can never be justified. If one were serious about finding out about genuine refugee claims, enquiring about any torture at the hands of the people an asylum seeker is fleeing would surely be near the top of the list of cogent questions. But Australia has ceased to ask asylum seekers about any history of torture.
South Africa has again experienced the ravages of xenophobic violence. The official response reflects a fearful government that needs to resort populist scapegoating that stigmatises migrants. It has found itself incapable of creating the inclusive narrative that was evident 18 months ago when the country came together to mourn Nelson Mandela.
On Saturday, a Victory Parade will commemorate the 70th anniversary of the final defeat of Fascist Germany. It is a fitting tribute to the heroism of the Russian people for their huge sacrifices and sufferings in a common cause with the west. Many leaders including US President George W. Bush attended the 60th, but a specious rationale is dictating a boycott this time around.
While the AFP are clearly right to argue that they need to cooperate with Indonesia – it is, after all, Australia's biggest neighbour – the police's understanding of their role seems absolutely extraordinary in the light of the Extradition Treaty. The implication is that, although Australia is absolutely forbidden from extraditing a person to Indonesia to face the firing squad, the police are entitled - as an 'operational decision' and, if the police are to be believed, with no reference even to Cabinet guidelines - to hand someone over to be executed.
Only extremists regard Muslims as enemies. But if a populist and incompetent government were to scapegoat them and declare them to be enemies, as was done to asylum seekers, it would be a short step to build on the laws already introduced with further discriminatory legislation. That in turn would lessen the protections under the law that other groups would enjoy. Of course, this could never happen in Australia. But that is what they once said in Germany, Chile and South Africa.
The conflict in the Ukraine has attracted a great deal of attention for its geo-strategic implications. Less noticed have been the economic implications. The sanctions placed on Russia have forced Russia to become even closer to China, and the alliance between a military superpower and an economic superpower is beginning to split the global economy in two. It may come to represent the biggest geo-economic and geo-political shift of the first half of this century, defining much of the future landscape.
When the term 'Rule of Law' was coined in the 19th century, it included a reasonable conduct stipulation to ensure fairness. A bill currently working its way through Federal Parliament would give those working in detention centres a low threshold in the use of force against detainees. The criterion of reasonableness of the officer’s conduct would be replaced by what an officer believes is reasonable.
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