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'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
The government has struck a deal with the USA which provides hope at last for the 1600 proven refugees on Manus and Nauru. There's still a lot of work to be done before these refugees can get on with their lives after three years of hopeless agony. Gone are the days of presuming that those who arrive without visas are in direct flight from persecution. Gone are the days when they get first option on the available humanitarian places. I welcome the government's decision, and await the detail.
'We're not going to allow people who have sought to come by boat to come to Australia through a backdoor and we are not going to allow sham marriages to facilitate that,' said Peter Dutton. Given all the existing checks and hurdles, why have a ban? It would only affect about 2000 people; the other 35,000 who came by boat before 19 July 2013 or were not sent to Nauru and Manus Island are not affected. The true intention is to further punish the people we dumped on our Pacific neighbours.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.
Who owns a cultural object? Who has the right to determine cultural values? And how can public institutions exercise cultural responsibility? It's a timely set of questions as we consider the implications of the National Gallery of Australia's return of ancient Indian sculptures, the British Museum's refusal to return Indigenous objects, or Lionel Shriver's rejection of minority cultural identities. Each of these unleashes complex, painful consequences that can undermine cultural value or cultural safety.
In the last week Turnbull has lauded, as the world's best refugee policy, a system that has resettled no refugees over three years. Dutton has stated that asylum seekers will continue to be processed in Nauru for decades, and described the Australian policy, of which detention on Nauru is part, as compassionate and effective. These comments follow recent reports by NGOs Save the Children and UNICEF, as well as the Australian Human Rights Commission, on offshore detention. Both urge an end to it.
The lower wage for players in the AFL women's league has serious equity implications, beyond the clear discrepancy between men's and women's wages. In order to train three times a week, many players will be required to relocate closer to their clubs. This puts their day jobs in jeopardy, meaning only those who can afford to change jobs or take time off can afford to play. This has the potential to seriously skew the playing group towards those who are from higher socio-economic status.
I had been in WA for exactly a year when the local newspaper reported that a white guy had led about 200 people off Wave Rock station. Coming out of the comfortable myth that my home country of New Zealand was not racist, I was amazed to learn that Australia's Indigenous people were obliged to work without industrial protections. In 1966 it was the British Vesteys Group that had been exploiting Aboriginal people: today it is the State in the guise of 'community development', aka work for the dole.
The suggestion that those camps need to remain filled in order to send a message to people smugglers is not only morally unacceptable; it is strategically questionable. Those proven to be refugees should be resettled as quickly as practicable, and that includes taking up New Zealand's offer of 150 places a year - just as John Howard did when he accepted New Zealand's offer to take 131 from the Tampa. It's time to act. Ongoing inaction will send a green light to desperate people to do desperate things.
Both major parties offer 'one size fits all' approaches to youth unemployment. This ignores the huge difference in experiences - and employability - between different categories of young person. Not all have completed high school and live at home in a supportive environment. For young people at risk of homelessness, those experiencing mental illness or substance abuse problems, or those who have had contact with the criminal justice system, the initiatives of both parties simply won't be effective.
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