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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.
Oliver Twist is still used to aid understanding of the trauma arising from poverty, and the suffering of children at the hands of individuals and within institutional settings. In broader Australian society we assume Dickensian attitudes to children have evolved. Aligned with the sentiments behind child protection, society's image of children and childhood is idyllic. Yet beneath this veneer lies a substratum of deeply ambivalent, even malevolent, attitudes towards children with a distinctly Dickensian flavour.
Pope Francis's concerns are not narrowly dogmatic or pedagogical but universally pastoral. He knows that millions of people, including erstwhile Catholics, are now suspicious of or not helped by notions of tradition, authority, ritual and community when it comes to their own spiritual growth which is now more individual and eclectic. He wants to step beyond the Church's perceived lack of authenticity and its moral focus on individual matters, more often than not, sexual. He thinks the world is in a mess particularly with the state of the planet — climate change, loss of biodiversity and water shortages, but also with the oppression of the poor whose life basics are not assured by the operation of the free market, and with the clutter and violence of lives which are cheated the opportunity for interior peace. He is going to great pains to demystify his office. He wants all people of good will to emulate him and to be both joyful and troubled as they wrestle with the probl
If you want to form government in Australia and if you want to lead the Australian people to be more generous, making more places available for refugees to resettle permanently in Australia, you first have to stop the boats. If you want to restore some equity to the means of choosing only some tens of thousands of refugees per annum for permanent residence in Australia from the tens of millions of people displaced in the world, you need to secure the borders. The untrendy truth is that not all asylum seekers have the right to enter Australia but that those who are in direct flight from persecution whether that be in Sri Lanka or Indonesia do, and that it is possible fairly readily (and even on the high seas) to draw a distinction between those in direct flight and those engaged in secondary movement understandably dissatisfied with the level of protection and the transparency of processing in transit countries such as Malaysia and Indonesia. The popular evil is that political
The politicians have an excuse: they have vested interests. But what about the rest of us? Has the rape and torture of asylum seekers, many of them children, in institutions established at the behest of Canberra, become so commonplace that it no longer shocks? It's not that empathy is an emotion particularly lacking in Australia. But there remains a disconnect between 'us' and asylum seekers.
On July 1 the Australian Border Force Act 2015 became law. Detention centre staff are now forbidden to speak about human rights abuses, with a two year jail penalty applying. It is perhaps appropriate to recall the secrecy of the security apparatus of Stalinist Russia, Apartheid South Africa, and Chile and Argentina under the Generals, where victims were denigrated and information prevented from leaking out.
Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
International law regards torture as a matter of ius cogens, something which can never be justified. If one were serious about finding out about genuine refugee claims, enquiring about any torture at the hands of the people an asylum seeker is fleeing would surely be near the top of the list of cogent questions. But Australia has ceased to ask asylum seekers about any history of torture.
Since the drowning of around 800 people on 19 April, politicians in the UK, France, Italy and Denmark have been suggesting that the European Union adopt our hardline asylum policy. Prime Minister Tony Abbott has advised the EU that 'only way you can stop the deaths is in fact to stop the boats'. But last week, the EU denied it was in talks with Australia, saying 'the Australian model can never be a model for us'.
Sri Lanka's new Prime Minister Ranil Wickremesinghe has claimed Australia's silence on the country's appalling human rights record was the price for its government taking extra measures to prevent people fleeing the country and arriving in Australia on boats seeking asylum. This is a problem on many levels, including our government's seeking to remove human rights issues by reframing them as national security ones.
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.
Terrorism is a real threat but it is hardly a killer on the scale of coronary heart disease or accidental falls, both of which far outstrip terrorism as killers on Australian Bureau of Statistics data. Blanket rollbacks of important civil liberties, until recently taken for granted, cannot but provoke the suspicion that terrorism has become a diversion of the public's attention from something much more sinister.
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