Keywords: Australian Constitution
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ARTS AND CULTURE
With PNG's Supreme Court finding last month that the detention of asylum seekers on Manus Island was unconstitutional, the shamefulness of Australia's border protection policies was once again laid bare. Advocates will be familiar with the facts and arguments that Chasing Asylum articulates. What sets it apart is its wealth of hidden camera footage caught within the grim confines of the centre on Nauru, and Orner's conversations with detainees and social workers who bore witness to the dire daily reality there.
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AUSTRALIA
- Kate Galloway
- 18 May 2016
19 Comments
Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.
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AUSTRALIA
'We have now got a world wide refugee problem. We don't have one here but we do have one world wide. It is now time to start having a rational debate about what we do with these people as opposed to playing the race card.' Interview with Anna Burke, who has represented the seat of Chisholm in the House of Representatives for the ALP since 1998. Burke is the former Speaker of the House (2012–2013), and has been a consistent advocate for asylum seekers. She will retire at the next election.
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INTERNATIONAL
- Kerry Murphy
- 29 April 2016
9 Comments
This week we learnt that the human rights protection for asylum seekers in our former colony Papua New Guinea are more protected by the PNG constitution than they would be in Australia. The PNG government has quickly moved not to change the law and constitution, but to make arrangements to close the centre and ask Australia to take back the asylum seekers. Already PNG lawyers are talking about claims for compensation for the unlawful detention, and rightly so.
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INTERNATIONAL
- Frank Brennan
- 28 April 2016
33 Comments
A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.
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RELIGION
- Frank Brennan
- 22 March 2016
6 Comments
I offer no public judgment of Pell, and unlike many other commentators I'll await the findings of the royal commission. I have however been outspoken about his right to a fair hearing and natural justice, not because I am a priest but because I am a human rights lawyer who cares about the universal application of the rule of law. It is when a representative of institutional religion like Pell taps into the generic religious sensibility or moral consciousness that the real work of Australian religious thought is done.
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AUSTRALIA
- Andrew Hamilton
- 03 March 2016
9 Comments
Who better to consult than Dr Hippocrates and his humours? Before Tony Abbott's deposition the choleric element dominated in Australia, full of sound and fury. This has been followed by the preponderance of the sanguine humour, expressing itself in that sunny optimism that makes light of problems. But more recent events suggest that the humours are again in chronic imbalance. The core weakness in the Australian constitution has not been removed with the accession of Malcolm Turnbull.
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AUSTRALIA
- Frank Brennan
- 04 February 2016
24 Comments
Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?
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MEDIA
- Jeff Sparrow
- 27 January 2016
13 Comments
Josh Bornstein compared the ABC to the victim in an abusive relationship, desperately trying to ward off the next blow by anticipating the criticism of its enemies. Certainly, enlisting Andrew Bolt to participate in a documentary on Indigenous constitutional recognition seems like a pre-emptive defensive move against the accusations of bias that are routinely levelled against the national broadcaster. For Bolt the arrangement is win-win; for the ABC it's yet another example of self-sabotage.
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AUSTRALIA
- Brian McCoy
- 26 January 2016
5 Comments
Every time I cross Sydney Harbour by train heading to the North Shore I look for the Aboriginal flag that flies from the top of the Jesuits' St Aloysius' College at Milsons Point. It was first raised on 25 January 1988, on the eve of the Australian Bicentenary, to mark the final day, 200 years previously, that Aboriginal people had complete freedom to their lands and customs before the arrival of the First Fleet.
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AUSTRALIA
- Frank Brennan
- 15 January 2016
9 Comments
It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.
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AUSTRALIA
- Frank Brennan
- 10 December 2015
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
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