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'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
It is now 12 months since Pope Francis issued his environmental encyclical Laudato Si'. He opined, 'Although the post-industrial period may well be remembered as one of the most irresponsible in history, nonetheless there is reason to hope that humanity at the dawn of the 21st century will be remembered for having generously shouldered its grave responsibilities.' Where are the Australian politicians who can give hope to the coming generation by focusing our attention on this most urgent issue?
Under election campaign pressure, some names have been misprinted. Mr Malcolm Ternble of Naracoorte wishes to point out that he has not made any public statements on negative gearing and is unsure what negative gearing means. The error was made by a Gen Y subeditor and should have read 'Prime Minister Malcolm Ternbull'. The Foreign Minister was cited as Ms Julia Bishop. The correct nomenclature is Ms Julia Bronwyn. Ms Bronwyn was inaccurately described as a part-time helicopter pilot.
Rui Maria de Araujo, the prime minister of Timor-Leste, wrote to Malcolm Turnbull inviting him to turn a new leaf in the Australia-Timor relationship. It was not to be. But the Timorese are well used to winning the hearts and minds of Australians even when our political leaders appear to be tone deaf to their pleas. This time they have convinced the Labor Party about the justice of their cause, and there is every chance that the Australian community will rally behind them after the federal election.
The debate over the Coalition's proposed senate voting reforms has highlighted the inter-party brokering that brings candidates into office. Yet if representative democracy were predicated on transparency, then another area deserves scrutiny: preselection. The mechanism for choosing party representatives clearly relies on powerful backers - politics - rather than merit. That is an obvious thing to say. But it carries repercussions for governance with which we have yet to grapple.
I acknowledge those Aborigines and Torres Strait Islanders who insist that they have never ceded their sovereignty to the rest of us. I join with those Aborigines and Torres Strait Islanders who hope for better days when they are recognised in the Australian Constitution. As an advocate for modest constitutional recognition for Indigenous Australians, I respect those Aborigines and Torres Strait Islanders who question the utility of such recognition. But I do take heart from President Obama's line in his Charleston eulogy for the late Reverend Clementa C. Pinckney: 'Justice grows out of recognition'.
Australia is more mature and more complex than it was at the time of the 1967 Aboriginal citizenship referendum. We need to be very attentive to the diversity and (hopefully) emerging consensus of Aboriginal viewpoints. We also need to be attentive to what measures the leaders of our major political parties will be prepared to sponsor during the life of the next parliament, championing those measures in a referendum campaign.
This week sees the new budget allocations for Aboriginal communities take effect, with deep soul-destroying cuts being spun as 'advancement'. They reflect a redefinition of reality faced by many Australians, with indigenous people unsure how they have benefited from the Tony Abbott declaring himself the Minister for Aboriginal Affairs and putting the Indigenous Affairs Office within his own Department.
'In discussing Australia's asylum seeker policies Frank laments the government's deaf ear to calls from the churches, his own included, for a greater measure of compassion and a better way of dealing with the issue of boat people. Frank wryly comments: 'If only the Abbott Government with its disproportionate number of Jesuit alumni cabinet ministers could listen.' Paul Bongiorno launches Fr Frank Brennan SJ's book Amplifying That Still, Small Voice at the Australian Centre for Christianity and Culture, Canberra, 8 June 2015.
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.
Tony Abbott's preoccupation with knights and dames, together with his unilateral award of a knighthood to the Duke of Edinburgh, is evidence of his attraction to the past more than the future. Likewise his December Cabinet reshuffle was not a serious effort at renewal. He shuffled the existing deck of cards but didn't introduce many new ones at the senior level.
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