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Political response has been ambivalent at best, and ambivalence sounds a death knell for mainstream engagement by a tentative public. Turnbull pointed out that any claim must be acceptable to the general public to succeed. In the next breath he discussed the success of the 1967 Referendum. This was disingenuous given the political reality of 67, where there was no case presented for a no vote. After the Uluru Statement, it is now not possible to ignore substantive constitutional reform, or treaty.
An interesting aspect was the shift in the mindset and understanding among non-indigenous Australians regarding Aboriginal rights. To note the way in which one dominating western culture moved toward recognising the rights of another culture that was oppressed by it is quite remarkable. We should consider those aspects of the mentality shift (from both cultures and their understanding of what the 1967 referendum meant) if we are ever to revisit that type of federal movement again.
In the face of historically low levels of Indigenous representation in our parliaments, the Indigenous caucus between Commonwealth, State and Territory Labor representatives points to some progress. It is aimed at increasing Indigenous voter engagement figures, increasing Indigenous Labor candidacy, and developing strategic plans that encourage Indigenous students to become young leaders in Parliament. Those are all necessary and noteworthy causes. But we have a long way to go.
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.
'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.
This damnable pursuit of Gillian Triggs must stop at once. Triggs is an outstanding independent statutory office holder, one of the many appointed by governments over decades to remind them of Australia's international human rights obligations and to oversee the functions of laws to mitigate social wrongs such as age, race, disability and sex discrimination in public arenas. But no government likes watchdogs on the moral and legal limits on its power.
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.
'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.
Once Turnbull went to the election with a commitment not to legislate for same sex marriage except after the conduct of a successful plebiscite, it was inevitable that the only way forward to resolving the issue during the life of this parliament would be by enacting legislation to authorise a plebiscite. A conscience vote during the life of this parliament, and without a plebiscite, would leave the opponents of same sex marriage rightly feeling that the government had breached an election commitment.
Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.
For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.
It has puzzled me that the constitutional implications of the AFP's raid on the offices of the official opposition and one of its senators two weeks ago has not been explored in more detail. The uncomfortable fact is that the leaks about which NBN Co is complaining are not damaging because they relate to competition nor to national security, but because they expose cost overruns and reflect badly on the government of the day - the same government which holds all the shares in NBN Co.
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