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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
The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.
New Zealand, our partner in the Anzac legend, has no problem commemorating the Maori Wars of 1845–1872. Yet the Australian War Memorial refuses to honour Aboriginal warriors who fought and died defending their lands and their people against white invader settlers in the Frontier Wars of 1788–1928. This is a moral issue, and has the effect of excluding a whole people from commemoration based on a trifle.
Kiwirrkurra is 700km of bad roads west of Alice Springs. Renal failure forces many Indigenous community elders from important roles such as presiding over ceremonies and passing down knowledge to future generations. Many choose not to make the long journey into town for dialysis, seeing life away from country and family to be a fate worse than death.
Gillard is the most prominent woman in our country. She has been repeatedly humiliated, disparaged and ridiculed for that very reason. We may criticise her decisions, but always aware of the context in which they were made, which is dangerously toxic. Her courage under pressure is astonishing, but we ought to despair at her party which is willing itself into annihilation by adding more poison.
'Having thrown off the shackles of compulsion endured by pre-Vatican II Catholics, we relish that we come to the table not because we are forced, not because of social expectations, not because of the mindset of the mob, but because we are graciously called and freely responding.' Frank Brennan's Camino Address, Parish of Our Lady of the Way North Sydney, 12 November 2013
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