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We gather on the 48th anniversary of the 1967 referendum. All major political parties to an agreed referendum question when going into the next federal election, with the understanding that the new government and the new parliament would proceed to put a referendum to the people, perhaps on Saturday 27 May 2017, the fiftieth anniversary of the successful 1967 referendum.
Our Constitution is premised on the outdated notions of terra nullius and assimilation. It is more than three years ago since the Gillard Government set up an Expert Panel, and the Abbott Government is waiting for consensus. Noel Pearson is right to insist that Aboriginal leaders need a place at the table.
Through the rough and tumble of politics, Fraser helped the country find true north on issues relating to race and human rights. His friendship with Gough Whitlam has been one of the great signs in Australian public life that human decency and shared commitment to noble ideals can transcend even the most entrenched political animosities cultivated across the despatch box. May he rest in peace.
According to large sections of the media, 'we' are all Charlie now. While it is absolutely right that we stand with the victims and their families in grief and outrage at the terrible acts that took place in Paris earlier this month, predictably we have been told that we should, as a corollary, also defend people’s rights to say what they like, no matter how hurtful it may be.
On Wednesday, 53 Christian protesters were arrested staging 'pray-in' actions at politicians' offices around the country. Eight were allegedly strip searched before being formally charged with trespass after praying in the Perth office of Foreign Minister Julie Bishop. There are echoes of martyrdom in the early church, which involved the refusal to worship the emperor. In contemporary Australia, the resistance is to the border protection regime.
Last week's legislative flurry was very messy, with few signs of reflection on what kind of a society we want to create, and how far particular legislation will help do so. The arguments for legislation are based on abstractions such as free speech and terrorism. They are not supported by sustained reflection on the way in which human beings interact.
The Prime Minister's Team Australia campaign will only work with policies of social inclusion. The Budget’s harsh and divisive welfare rules will drive young Muslim unemployed into the hands Islamic radicals. Church welfare agencies have suggested a solution by way of an independent entitlements commission to ensure welfare payments are fair.
Quite rightly the Section 18C repeal bill was seen to remove all limits on ‘freedom of speech’ without regard to the vulnerability of those targeted. Andrew Bolt was infuriated, Senator Brandis lost face and his new Human Rights Commissioner Tim Wilson was ‘disturbed’ by the bill being shelved. But the PM is a pragmatist.
'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.
In South Sudan, hate speech broadcast on a local FM radio station earlier this month led to the slaughter of hundreds of innocent civilians in a massacre based on ethnicity. Local UN officials are now calling on authorities to 'to take all measures possible to prevent the airing of such messages'. Meanwhile in Australia, the Government is attempting to give legal sanction to the kind of hate speech that incited to the South Sudan massacre.
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
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