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The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.
During an end-of-season trip to Bangkok, impressionable country footy dork Ray is badgered by one of his teammates into turning drug mule. He is picked up in Melbourne, where a couple of nasty cops detain him under supervision for seven days, waiting for him to pass the heroin-filled balloons he ingested. Ray is beset on all sides by systemic corruption, which makes his refusal to poo — fuelled not by greed but by a kind of everyman nobility — seem truly heroic.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
Child abuse is occurring within the Federal Government's immigration detention regime at the same time as the government sponsored Child Abuse Royal Commission is seeking to achieve justice for victims of past abuses in churches and institutions. After visiting Christmas Island, paediatrician Elizabeth Elliott said that 'when it comes to children in need, most Australians feel compassion' but compassion had 'gone missing'. What is behind our selective compassion?
The majority of Australians voted for a government strong on border protection. Immigration Minister Scott Morrison is delivering in spades, so it seems they're prepared to turn a blind eye to disputed claims of child neglect, even if he is their legal guardian. Their only hope is that accounts of their suffering will gain the kind of exposure and momentum that led to the Royal Commission into Institutional Responses to Child Sexual Abuse.
Australians are understandably shocked at the sentencing of Peter Greste in Egypt. They may wonder what the Government can do for those caught up in the vagaries of a foreign legal system. The answer is, not much. The international order is still largely based on national sovereignty. We do not need to look to Egypt to see how this can allow a multitude of injustices to go unpunished — we need only ask our neighbours, the Indonesians.
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
Twenty-five years ago the tanks rolled into Tiananmen Square. One eyewitness kept a tally of the dead that reached 2600 before hospitals went mum due to pressure from above. If China is to overcome the challenges it will face in the decades ahead, it must draw upon the great reserve of strength, the spirit of solidarity that was on display among the protesters that spring. Instead there remains a concerted effort to forget.
The recent revelations that ASIO raided the offices of Timor Leste's lawyers and detained its star witness just before its case against Australia highlights, once again, the question of the linkage between national and commercial interests. ASIO's governing statute does not permit it to engage in economic espionage. Unfortunately, the distinction between government and commercial interests is growing increasingly hard to draw.
'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
'Many Catholics wonder how we can maintain our Christian faith at this time in the wake of the sexual abuse crisis and the many judgmental utterances about sexuality and reproduction. The Church that has spoken longest and loudest about sex in all its modalities seems to be one of the social institutions most needing to get its own house in order.' Frank Brennan's address to the Yarra Institute for Religion and Social Policy, 8 November 2013.
'Here is a pope who is not just about creating wiggle room or watering down the teachings of the Church. No, he wants to admit honestly to the world that we hold in tension definitive teachings and pastoral yearnings — held together coherently only by mercy and forgiveness.' Frank Brennan's Wallis Lecture presented in Hobart on 24 October 2013 and Launceston on 25 October 2013.
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