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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.
The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.
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.
Mrs Cowling was formidable. Her significant physical presence was accentuated by a commanding mien, impeccable English enunciation, and an impressive depth and breadth of literary reference supporting rock-firm opinions. All these years later, I wonder just how burdened she was in teaching literature to Australian students, which she continued to do into her 80th year, by her husband's notoriety.
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.
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.
Prime Minister Abbott's National Security Statement quite rightly spoke of threats to Australia and the need to address them. Many of his utterances might seem uncontroversial: 'Those who live here must be as tolerant of others as we are of them'. But in fact they ignore the way people 'who come here' are treated according to 'how' they came here. The language used to describe them reflects an attitude that is far from tolerant.
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.
Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.
Pope Francis has been hailed for his ‘rattling’ and ‘upsetting’ Catholic climate change sceptics and politicians. His predecessors John Paul II and Benedict XVI were ahead of most politicians on the issue, but essentially they underestimated the magnitude and urgency of the environmental problems we face. It is likely that Francis will make a decisive effort to confront climate change during 2015.
What a dreadful year it has been for parliamentary democracy. Speaker Bronwyn Bishop has taken pride in the number of members she has ejected. Senator David Leyonhjelm has introduced his same sex marriage bill in an orderly fashion, but the decision will rest with the Abbott Government, which won't want to to hand the bouquet for breaking the logjam to Leyonhjelm. To get arrangements for the bearing and nurturing of children right, we need our parliament to be a more considered and dignified place than a battlefield.
It is possible to understand why Senators Xenophon and Muir supported the bad law that reintroduces temporary protection visas. They saw it as a small improvement now for people in desperate circumstances, and that is true. The real culprit is the irrational and punitive policy pursued by the Government.
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