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There have been no violent usurpations. No coup. No acts of massive violence. But data retention laws have been passed. National security legislation protecting ASIO from all operations short of murder while punishing the disclosure of material on secret intelligence operations has been enacted. The stripping of citizenship of dual nationals is on the books. And more.
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.
Mandatory data retention was a bad idea when it was originally floated during a Gillard Government inquiry. It is a worse idea now, and is set to become law for political reasons, not because it has been properly scrutinised. There are important questions that we should be asking, and we should not let ourselves be put off from doing this if we don’t know the difference between data and metadata (there is none).
All church members, and not just the victims who continue to suffer, need light, transparency and accountability if the opaque injustices of the past are to be rectified. Justice Peter McClellan and his fellow commissioners have to do more to bring the states and territories to the table and to get real buy-in by all governments.
Religious leaders used methods of non-violent protest to respond to the Federal Government's 'No Way' campaign that aimed to discourage Afghan asylum seekers. Calling their movement 'Love Makes a Way', their strategy started to take shape: sit-ins in the electorate offices of federal parliamentarians, asking that justice may 'roll down like waters'. Nonviolent direct action changes hearts.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
On Monday we learned that two boats of Tamil asylum seekers had been intercepted off Christmas Island. Now there are unconfirmed reports that Australia is handing them over to the Sri Lankan navy without assessing their claims for protection. Amnesty warns Tamils face the risk of sexual violence, torture, murder, imprisonment, and enforced disappearance. Since March this year there have been scores of arrests and several deaths.
The Royal Commission into Institutional Responses of Child Sexual Abuse has asked the Abbott Government for a two-year extension until December 2017 to complete its task. The good news is that the victims' groups seem to think they can wait that long, as anything sooner would be rushed. The bad news is that we will all be waiting another three and a half years for answers about how to restructure institutions ensuring the better protection of children.
Friends of mine had their first child recently and my first, 'obvious' question — 'Is it a boy or a girl?' — was answered by a jubilant father: 'It's a girl!' Life is complex, however, and our all-too-human desires for normalcy and 'simplicity' (embodied in my automatic query) are sometimes revealed to gleam in the light of unintended prejudice. The reality for some Australians is that my question isn't always as easily answered.
In 1994, a year before the Parliament enacted the present section 18C of the Racial Discrimination Act, I wrote in Eureka Street: 'At this time, in this part of the world, thought-police armed with criminal sanctions are not the answer' to racial discrimination. Senator Brandis has now circulated a proposal to amend the existing provisions. What he has produced is the racial hatred law you have when you don't want a racial hatred law.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
Andrew Bolt's response to Q&A's airing of accusations of racism was surprising. While no human is immune to emotional distress, it seems excessive for a man whose career has taken him to the edge of defamation laws to publicly wither under his opponents' attacks. This matter brings to light the discord between Australian conservatives' rhetoric about liberty and free speech, and the reality their policies and opinions impose.
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