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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.
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.
When I received my invitation to 'lead' the Palm Sunday Walk for Refugees my first response was to ignore it. This was partly ego and partly disillusionment. It's true that in Melbourne at least 6000 people walked or struggled or strode along Spencer Street. But I no longer believe marches for huge national issues have any effect on local powerbrokers. I believe as Saul Alinsky said that the most powerful force for change is local activism on local issues and generational organisation from the grass roots up.
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?
Hailing from Argentina, Francis puts his trust neither in ideological Communism nor in unbridled capitalism. We need to enhance international security, building the rule of law within multilateral organisations, and fostering the climate for investment sensitive to the triple bottom line - economic, social and environmental. I return from Rome grateful that we have a pope prepared to open these questions, accompanied by senior prelates happy to mix it with business and community leaders.
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.
Annabel Crabb chaired it all really well, but the next day I realised that not only our Foreign Minister, but not one panelist, got one question about their extraordinary achievements. Bishop was managing partner of a big law firm. She has unique experiences and must have views on the world's problems and their impact on Australia. But nobody asked.
Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.
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.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.
'No one doubts the pastoral sensitivity of Pope Francis. But the Church will continue to suffer for as long as it does not engage in open, ongoing discussion and education about the issue of women's leadership. The official position is no longer comprehensible to most people of good will, and not even those at the very top of the hierarchy have a willingness or capacity to explain it.' - Fr Frank Brennan SJ outlines five challenges and opportunities for the Catholic Church in the 21st century.
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