John Menadue

  • This is about more than a bottle of wine

    To mix my metaphors, the bottle of red wine that Barry O’Farrell received is only the tip of an iceberg – a sleezy world of lobbying, influence-peddling and corruption.

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  • Patty Fawkner. An Easter story

    If we think about it, each of us has an Easter story. Mine goes back to the death of my father.

    Dad died when I was a young nun. It was my first experience of the death of someone I deeply loved. Where once the word “loss” seemed a somewhat evasive euphemism, it was now acutely apt. I felt empty and fell into an abyss of grief, a grief that had begun eighteen months earlier, the day Dad was diagnosed with inoperable lung cancer. He was 57.

    People were kind; sympathy and support were generous and heartfelt. Yet when people spoke to me of God, faith and heaven I felt affronted. Many ‘holy’ words seemed vacuous and trite to me given that I felt nothing of the presence, let alone the comfort, of God. God was nowhere to be found.

    The ‘unfairness’ of this bewildered me. Wasn’t I a nun and a person of faith? Hadn’t I given my life to God, for God’s sake?    Shouldn’t I at least expect a modicum of divine comfort?

    Months later I decided to make a weekend retreat at a monastery under the wise guidance of an elderly Benedictine monk. He listened to my grief and wasn’t embarrassed by my tears. He simply invited me to reflect on the story in John’s gospel of Jesus appearing to Mary Magdalene on the first Easter morning.

    Mary comes to remember and honour a loved one and, like me, she encounters emptiness. She weeps. Mary turns from the empty tomb and wanders in turmoil and anguish until Jesus, initially mistaken for a gardener, calls her by name.

    As I read the words from this familiar Gospel scene, I had an inchoate sense of myself being called by name. I had a sense of some kind of presence within my confusion and emptiness. It wasn’t a warm, fuzzy experience, and even then I didn’t really have a strong sense of the presence of God. But there was a knowing, as real as it was delicate and deep, that somehow God was with me, calling me, loving me within my emptiness. And I was greatly comforted.

    Not surprisingly, Jesus’ appearance to Mary Magdalene has become my favourite Easter story and like any classic text it continues to contain a surfeit of meaning for me in new times and new situations.

    Years later when studying John’s gospel as part of a theology degree I chose to do my scriptural exegesis on this passage for my major assessment.

    The words “noli me tangere” “do not cling to me” came to the fore.  Mary had wanted to cling to the idea of who Jesus was for her before his resurrection. When Dad died I had wanted to cling to him and naïvely to a God who would shield me from human grief.

    Theological giant, Karl Rahner is unapologetically forthright:

    The God of earthly security, the God of salvation from life’s disappointments, the God of life insurance, the God who takes care so that children never cry and that justice marches upon the earth, the God who transforms earth’s laments, the God who doesn’t let human love end up in disappointment – that God doesn’t exist.

    Sobering but true. God never demeans our humanity by circumventing it.

    I had to let go of my ‘lesser’ God. I had to grow up a little in my faith and, in the words of Rahner’s fellow Jesuit, Anthony de Mello, I had to “empty out [my] teacup God.” Instead of concentrating on loss and emptiness, I had to search for a sense of the presence of my father’s spirit with and within me. With the help of the post-Easter Jesus and Mary Magdalene I began to experience the truth of John Chrysostom’s words written sixteen centuries earlier: “He whom we love and lose is no longer where he was. He is now wherever we are.”

    Mary Magdalene has become a companion and a hero. But history has not been kind to her and it is hard for the real Mary to shine through. She is often portrayed as the “good time girl” come good. Yet there is no scriptural justification whatsoever for asserting that Mary was a reformed prostitute. Nor is there any evidence to support the claim of Dan Brown of The Da Vinci Code fame, that Mary and Jesus were lovers, married, had a child, and for a time lived, not in Memphis (!) but somewhere in the Middle East.

    If we accept the orthodox definition of an apostle as one who encounters the risen Jesus and announces this Good News to the community, what we have in John’s Easter gospel of Mary Magdalene is the story of the first Apostle. She is truly, as Hippolytus second century Bishop of Rome names her, the Apostle to the Apostles.       

    This Easter, with Mary Magdalene as guide and mentor, I pray that I may once again hear a voice offering love and life in the empty tombs of my life. I pray that this may be so for you.

     

    Good Samaritan Sister Patty Fawkner is a writer, adult educator and facilitator. She describes herself as “a fairly Good Samaritan”.

  • Simon Rice. Racial vilification, social values and humility

    I have spent a professional lifetime trying to get people to know about (let alone respect) anti-discrimination law, and suddenly everyone knows about ‘section 18C’.  For all the wrong reasons.

    A right reason for knowing about 18C would be because it is offers guidance on what can fairly be said and done on the basis of race.  A wrong reason would be because it is characterised as an unwarranted limit on ‘free speech’.

    For close to 20 years, the limits imposed by 18C have been unremarkable. The Australian Human Rights Commission receives and resolves complaints about conduct that exceeds the limits, and the federal courts decide cases when the complaints cannot be resolved.

    As with any legal regulation, awareness of 18C, and understanding about how it works, has grown over time. But most importantly, 18C, as with any legal regulation, stands as a statement of public values, a declaration by the government, on our behalf, of what is and is not acceptable in society.

    For close to 20 years we have told ourselves and the world that an Australia value is to not tolerate race-based words that cause harm.  Brandis has declared that not only we will tolerate such words, but we will encourage them.  So the 18C debate is about much more than the unremarkable exercise of setting limits on free speech.  It is, as well, about the role of our representatives in articulating public values and, relatedly, about the place of legislation in expressing those values.

    Public values change, and law needs to change with them, though it often lags behind. When there is sufficient public momentum a government acts to reflect popular will by making, amending or repealing a law.  In the current racial vilification debate, ‘free speech’ has been promoted as an Australian public value that is overly-limited by 18C, and that should now be given greater prominence.

    Has the time come to resile from the values that are expressed in 18C? It is hard to see anything that suggests that Australian values have reverted to a time when racial abuse was permissible.  Despite the Attorney-General’s notorious defence of our right to be bigots, there is no evidence that a large number of us actually want to express bigotry any more than 18C allows.

    The ‘free speech’ rhetoric is, in fact, a claim to ‘free racist speech’, and the Racial Discrimination Act allows a great deal of free racist speech; persistent reference to 18C overlooks the wide exceptions available in 18D.  We are very free to engage in race-based speech in Australia; as Richard Ackland asked ‘what is it that these people really want to say about race, colour, etc, that they are currently chilled from saying by the anti-free-speech RDA?’.

    The one celebrated case when someone wanted to say something about race, but failed to do so within the exceptions in section 18D, was Andrew Bolt’s.  If it was not for that case, and News Limited’s determined attack on 18C as a result, we would not be having this debate, and our racial vilification law would have continued doing its work.

    Senator Brandis invites us all to engage in racist speech.  When your child comes home from school dismissing ‘boongs’ as lazy and ‘towel-heads’ as terrorists, she can say that Senator Brandis told her that she has the right to be a bigot.  This type of ‘leadership’ is unworthy of an elected official, let alone Australia’s first law officer.

    Specifically, Brandis’s amendments to 18C invite anyone to say anything about anyone, under the guise of ‘public discussion’.  Perhaps it is the contemporaneous announcement of the reintroduction of knights and dames that makes me wonder whether Brandis’s idea of public discussion is still in the 19th century: a town hall meeting or a Hyde Park soap box.  These days, very little is not ‘public discussion’.  Media such as websites, blogs, Facebook, YouTube and tweets enable the public promotion of ideas and opinions as never before.

    The contemporary unregulated, unbounded world of public discussion gives the lie to those who disdain government regulation and would rely instead on the ‘marketplace of ideas’ as a way of regulating speech.  The brave new world of public discussion is undiscerning in the relative prominence it gives to speech: in the absence of any guiding principles, vicious and hateful opinion is as ‘valid’ as that which is respectful and affirming.

    There is, therefore, no ‘exchange’ as there might be in a market, no mechanism for evaluating opinion; online, everything has a claim to credibility.  There is no ordered exchange of opinion.  Opportunities for debate are limited, most of what ‘said’ remains untested and unchallenged, and it is implausible to claim that opinions will thrive or fail on merit. 

    This unregulated space suits those with the capacity to exploit it, to make the loudest noise, and to dominate.  Politicians and news media corporations have that capacity, and 18C stands in their way.  They attack it because they can, and they (wilfully?) fail to see and respect the power they have. Without the quality of self-restraint, they are able to say that something should be done simply because it can be done. Without the quality of empathy, they are able to say that causing offence doesn’t matter. And without the quality of humility, they are able to decide what level of racial abuse people should live with.

    While politicians and news media corporations have the power to dominate public discussion, racial minorities do not.  Although the backlash against Brandis’s proposed amendment of 18C has been substantial, it comes largely from those who receive 18C’s protection – that is, from those who are on the receiving end of race-based conduct, particularly migrants and indigenous peoples.

    Our social minorities, who look to the government for protection in a majoritarian ethos, now find that their government promotes a right to oppress them.  In this perverse situation, it is vital that members of the majority stand against their colleagues, and stand by the state’s obligation to protect the vulnerable who are under its care.

    Simon Rice teaches law at the ANU. He is the Professor of Law, Director, Law Reform and Social Justice, ANU College of Law. He is also Chair of the ACT Law Reform Advisory Council. 

  • John Menadue. The new squatters on public land.

    More alienation of public space.

    In my blog yesterday, I referred to the alienation of public space in Barangaroo and proposed for the Sydney Botanic Gardens.  Today there are reports that Wentworth Park, which is Crown Land, will be developed as a billion dollar residential complex. In a letter to the SMH we are told how Wentworth Park was originally described as ‘the second most beautiful park in Sydney after the Botanic Gardens’. It had lakes, beautiful gardens and a cricket pitch. Unfortunately, it was then converted to a greyhound race track, but elements of the park were still preserved for community use. Even that limited community use is now threatened. It is another example of how our ‘public commons’ is alienated and eroded step by step.  John Menadue.

    Repost of yesterday’s blog

    In my blog of March 11, 2013, reposted below, I outlined the historic encroachment of private interests on our ‘public commons’ – the land and facilities we share as public citizens.

    This encroachment is continuing apace, and not just by the shooters in national parks.

    In Sydney, at present there are two glaring examples of how the new squatters are moving onto public land.

    The first is Barangaroo. Without due process and with political influence writ large, the public commons at Barangaroo has been dramatically reduced in favour of commercial interests. The original plan was to keep about half of the site, including the whole 1.4 km waterfront, as inalienable public land. That has been junked in favour of James Packer’s six-star casino to bring in ‘high rollers’. James Packer is all about gambling. What a tawdry business he offers us. He says he wants to bring in wealthy gamblers from Asia and elsewhere. Paul Keating supported James Packer in this enclosure of our commons. Out has gone the park at the southern end of the site and in its place we have 180,000 square metres of commercial space.

    The original architect of Barangaroo, Philip Thalis, put this invasion of our commons in the following way ‘The vibrant public space envisaged seven years ago has shrunk to become basically an enclave of privilege and exclusion’.

    The other Sydney example of squatter encroachment on public land involves the Sydney Botanic Gardens. For many years part of the gardens has been alienated for four months each year for opera and cinema. Wealthy patrons and wealthy sponsors have been the main beneficiaries. But this isn’t enough for the new squatters. The Botanic Gardens and the Domain Trust have released a master plan for the parks to be developed with cafes, an $80 million hotel and year-round concerts. Paul Keating has rightly called it a desecration of the hallowed grounds bequeathed by Governors Phillip and Macquarie.

    In both Barangaroo and the Botanic gardens, private greed is taking over our public commons and weak politicians are letting it happen. The Murdoch press once again remains mute when the public interest is at stake.

    Steadily and step by step our public commons is being eroded. It won’t be the last time the new squatters want to take over more of our public commons.

    Repost of ‘Shooters – the new squatters on public land’, March 13, 2013.

    In the 18th and 19th Century, wealthy and privileged landowners in England passed Enclosure Acts forcing serfs and the poor off common land which they had used  for centuries to supplement their meagre incomes. About 20% of land in England was enclosed, forcing the poor into squalor in the new industrial cities.

    We followed suit in Australia in the 19th Century with ‘squatters’, mainly from the upper echelons of colonial society, occupying large tracks of crown land to graze livestock. Over time, this pastoral occupation of the ‘commons’ and the dispossession of indigenous people was enshrined in law and enforced by the police. Many indigenous people were murdered while trying to protect their ‘commons’. Few squatters were prosecuted.

    History tells us that we need to be very careful about the powerful who want to take possession and erode our public ‘commons’. It happens slowly, almost imperceptibly, often without our knowledge or understanding of what is at stake.  And it is not just about getting shooters out of national parks or protecting waterfront land without public tender. Councils often carelessly allow commercial interests to encroach on public parks, botanic gardens and beaches. Clean air and water are also important parts of our public “commons” and must be protected against polluters.

    We owe a great debt to foresighted citizens and governments who in the past established public ‘commons’, like national parks, for the enjoyment of all. We need to be careful about the new squatters who want to erode our public ‘commons’.

    John Menadue

  • John Menadue. Using the military for political purposes

    In my blog of March 26 (below) ‘Using the military for political purposes’, I drew attention to three instances in which the Australian Defence Forces have been used, apparently willingly, to support the party-political aims of the government.

    That political support has now been stepped up several notches by the comments of the Commander of Operation Sovereign Borders, Angus Campbell, on a government television advertisement.

    In a series of government advertisements on U-Tube, Angus Campbell, standing next to a sign ‘No way’ says ‘The message is simply, if you come to Australia illegally by boat there is no way you will ever make Australia home.’  Angus Campbell then adds ‘The Australian Government has introduced the toughest border protection measures ever … it is the policy and practice of the Australian Government to intercept any vessel that is seeking to illegally enter Australia and safely remove it beyond our waters.’

    In this government advertisement General Campbell goes far beyond operational responsibility for government policy. He has allowed himself, apparently willingly, to become an arm and an advocate for the government’s political policies.  John Menadue

    Repost follows.

    On March 20 guest blogger Susie Carleton drew attention to the blanket acceptance of accounts by our service people in treatment of asylum seekers despite the record, according to former Defence Minister Stephan Smith of 2000 incidents of mis- treatment within the military itself including sexual abuse.

    Last night’s 7.30 ABC program lent more credibility in my mind to the allegations against our service personnel in their treatment of asylum seekers.

    We need to examine carefully what our military is doing.

    In my blog of March 5 ‘The war on asylum seekers’, I drew attention to the misuse of the Australian military in Operation Sovereign Borders. That military style operation gives the impression that we are really being threatened and invaded and that our response to asylum seekers must be regarded as a military challenge. Operation Sovereign Borders also gives the government a threadbare excuse that the public is not entitled to be told what is really happening. ‘On water’ issues will not be discussed. The language is also about war. Tony Abbott told us that we are being invaded by boat people. Scott Morrison said that the government is ‘Using the full arsenal of measures’ to stop the boats. What should be a humanitarian issues backed by action by Customs and Immigration has become a war. Governments have used ‘the war on terrorism’ as an excuse for limiting our freedoms, ignoring our rights to information and exciting xenophobia. The same approach is now being made with the war on asylum seekers.

    Unfortunately, the Australian Defence Force is allowing itself to be drawn into this abuse of their real responsibility. They have allowed themselves to become part of a political cover-up in their involvement in Operation Sovereign Borders.

    But this misuse of the military by the government and the complicity of the military is not restricted to Operation Sovereign Borders. As reported in the Hobart Mercury of March 14, the Defence Chief David Hurley rebuked the Palmer United Party Senator-elect Jacqui Lambie. Jacqui Lambie, a ten-year military veteran, said ‘It’s clear from information that’s become public, and information received privately, that abuse, including sexual abuse in Australia’s Defence forces is an intractable problem’. She added that there was a ‘high level and poisonous culture of cover-up within Defence that has stopped abuse victims speaking out’. She was publicly rebuked by General Hurley in a letter in which he said that he was ‘alarmed’ by Ms Lambie’s use of emotive language to make accusations against senior military officers. He added ‘I encourage you in future to provide me an opportunity to address any matters of concern you may have rather than becoming aware of them through a media release. Ms Lambie reacted and accused General Hurley of using ‘patronising and condescending’ language. She said ‘For the head of Australia’s military, uninvited, to interfere with the public work of a democratically elected representative, attacks the very foundation of our system of democratic government’. General Hurley obviously thinks that ex-military people, particularly women, are fair game. The Minister for Defence has said nothing.

    Not to be outdone by this bullying and abuse by General Hurley, Tony Abbott decided that he would join in during the South Australian election campaign. A Liberal Party banner was displayed at a Liberal campaign event at an RAAF base at Edinburgh. When this politically partisan act occurred on a military base, with the inappropriate use of the military, Tony Abbott’s office said there was no problem and the Defence minister avoided the issue by saying that he was away.

    If the ADF continues to allow itself to be drawn into political partisanship as in Operation Sovereign Borders, the Tasmanian election and the South Australian election, Australia and the ADF will pay a heavy price. The ADF is a creation of the Australian government. It must act honourably and miscreants brought to account. It must never be part of a party-political operation. The ADF must never identify itself with the Liberal Party or any other party.

     

  • Caroline Coggins. The story of Easter: the love template.

    How often do we fall in love, the sort that turns us around, strips us and re-orientates us, shakes the foundations of what it is to relate and be with another?  Not very often, mostly we are too guarded.  But at times it happens, and I have come to take this as a call, our feelings leap forward and say follow me.

    A person I loved died this week.  He was an old man, though he did not feel old to me. I just loved him. He had been a training supervisor when I was becoming a psychotherapist, so I came to know him in that particular way.  This man stretched me.  He was shy and very private, but he knew the way the human heart worked, and what it needed to grow. Mostly he worked with children, and they are great teachers, open, and available to their needs.  This man taught me about my ‘duty of care’.   Sounds clinical, but it was far from that, it was his relationship with me that showed me what this means.  He mentored me into the depths of what another really needed of me, and then what I needed to do/grow within myself to get there.  This man knew how to keep an opening for the other.

    What does love, mentoring and passion have to do with the story of Jesus and Easter? Could they be the template for relationship, how love shapes us if we let it?   We are many things.  Parts of us do not move toward love, they resist and fear, but there is a part of us that leans toward the light.  We desire love and it is in love that we are again ‘little ones’, vulnerable and in the moment. In the story of Jesus we are shown how.

    Today, mostly, we are concerned with ourselves, interested in our psychology, health, security, and what will become of us.  We feel safe with certainty, and threatened by the unknown, by mystery, unsure of the idea of giving over to another.  Yet paradoxically we thirst to feel that we are known and loved by another.

    The story of Jesus walks in through the door that the thirst opens, touches us where we condemn ourselves, inviting our needy, desiring hearts into a passionate love response, which will shape us entirely.  Our needs and our stories are particular to us, and it is mostly how we understand others, but not only so, we also need to walk in the shoes of others, being stretched out of ourselves into the bigger family.

    God longs for us, and Jesus stirs us to an intimacy, a closeness, which cracks our self-absorbed protective shells and gentles us to pay attention.  The light can shine in.  We can be many things, shy, resistant, stunted in love, and this is what we learn, and these wounds he will carry for us. This, our smaller self, and often  the only picture we can form for ourselves, is transformed by love, the falling in love, being loved.  The possibilities expand.  He calls us and we are awakened, our heart quickens, he draws us, stirs our senses, excites our interest, and we find our desiring selves, our deepest desires.  The Sufi poet Rumi says ‘Your longing for me was my messenger’.

    Desire then is what St Ignatius uses in his spiritual exercises to invite the pilgrim into the discovery of God’s love.  It is our own story, but we walk beside this man Jesus, discovering ourselves in this relationship, finding what moves our heart, breaks our heart. It is a human story, nestled in the divine, and our story with our God.

    The power of the exercises is that rather than sealing off from what is happening inside of us, we use our feelings to grope forward, toward the light, walking with him, through the gospels, and inside our own imagining being, the being that is loved and desired by God.  In the weeks of the exercises we walk his entire life, being shaped and becoming aware of ourselves in this relationship. But here too, this is the small thing, the big thing, is what we will do, desire to do, for this great love we feel and which we are given.  There is a longing to get out of our own way.  We are given ‘duty of care’, such abundance of love it must be  shared.

    How blessed we are each year to have the ritual of Easter. From ashes we proceed to ashes, loved into life and loved into death that brings life, stretched into the mystery of all of this with Him, His way.

    Caroline Coggins works as a Psychotherapist.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • John Menadue. Tony Abbott in Japan

    Tony Abbott has just completed his visit to Japan. The media has been full of  stories about the improvement particularly in agricultural exports from Australia to Japan. It should all be taken with a grain of salt. There have been some improvements particularly for our beef exports but the hype and spin does not obscure the fact that the so-called deal in Japan is only of marginal benefit.It is a third rate result. The best result would be a multilateral result. The second best result would be unilateral tariff reductions. Bilateral  Free Trade Agreements are third rate.

    In my blog of March 29, I pointed out that the proposed FTA with Japan was more about hype than substance. I pointed out how FTAs are regarded as sub-optimal; they divert trade from one partner to another rather than create new trade; FTAs invariably benefit the larger and stronger partner in any negotiation, e.g. USA, Japan and China; they increase the cost of doing business because of complex ‘rules of origin’; most importantly they divert time and energy of governments, ministers and officials, from the more important issues of multilateral negotiations which, for us, as a small to medium size country is more likely to serve our interest.

    The best way for Australia to secure freer trade is through multilateral negotiations rather than through hyped-up bilateral FTAs that are held up as political trophies when in fact they don’t achieve much of substance.

    It is significant that the Abbott Government has now called this new arrangement with Japan an ‘Economic Partnership Agreement’ (EPA) and not an FTA. This suggests that there is now at least some understanding by the government that this agreement is not very much about free trade.

    The business editor of the AFR, Alan Mitchell, yesterday put the problem of bilateral arrangements succinctly. ‘Both nations [Japan and Australia] deny their economies the bulk of the benefits of genuine trade reform whilst they spoon out market access to one trading partner after another in stupid, long drawn out negotiations.’

    In the short term we will get some advantages over other food exporters to Japan, but there is no doubt that other food exporters to Japan, and particularly the US, will seek similar or greater concessions from Japan. As a result our short-term benefits will be largely eroded.This will happen in two to three years when the Trans Pacific Partnership promoted by the US is expected to take effect. We have a  brief window of opportunity.

    The TPP negotiating group includesUS, Japan, Australia, Canada, Malaysia, Singapore, Mexico and Vietnam.

    The President of the National Farmers’ Federation of Australia, Brent Finlay, said that the EPA had fallen short in several respects. At best it only marginally improves for dairying, sugar, grains, pork and rice.

    The Cattle Council President of Australia, Andrew Ogilvie, expressed disappointment ‘that substantial tariffs will still exist on Australian beef’. The tariff reductions on beef are useful but they will not be fully implemented for up to 18 yeas.

    There will be a 5% tariff reduction in Japanese autos exported to Australia, which should result in some reduction in the price of Japanese cars in Australia. But with the end of our own car manufacturing industry, it was only a matter of time before this 5% tariff was abolished on all car imports and not just from Japan.. We could do it unilaterally. It really is not a significant concession to Japan.

    The Abbott Government has criticised the Gillard and Rudd Governments for the delay in completing an FTA/EPA with Japan. That is not surprising in lieu of the fairly meagre benefits from the present negotiations. Shinzo Abe was probably anxious to collaborate with his conservative colleague, Tony Abbott, but our Prime Minister severely weakened Australia’s stand by flagging in advance how desperate he was to conclude an FTA.That is a strange way to conduct negotiations.

    The broad outline of the agreement with Japan will now need to be ‘lawyered’. There may yet be important details that will be revealed.

    Apart from the trading and economic discussions, Tony Abbott referred to a shared commitment by the two countries to ‘democracy, freedom and the rule of law’. He also said that the relationship was about ‘respect, it’s about values’. Tony Abbott indicated approval for Japanese Government’s plans to reinterpret the pacifist constitution of Japan. At least in the media reports there was also no mention of the issues that Shinzo Abe has been promoting which have inflamed attitudes in the Republic of Korea and China. There is no indication that Tony Abbott raised Shinzo Abe’s visit to Yasukuni Shrine, ‘comfort women’ and acknowledgement of the massacre of Chinese by the Japanese army.

    Time will tell whether this FTA/EPA with Japan is as unhelpful as the 2004 bilateral Trade Agreement that John Howard negotiated with the US and concluded despite the advice of officials that he should not sign. It turned out to be a dud.

    Tony Abbott is the Chair of the G20. He could use that position and influence to restart the DOHA round of multilateral trade negotiations that have been stalled for years. It is in multilateral trade negotiations where Australia’s interests are best served – not in a string of bilateral FTAs that have more hype than substance. They will not “turbo charge” our trade with Japan as out Trade Minister has suggested.

  • Ben Saul. Australia’s Guantanamo problem.

    Ben Saul has written an article for the New York Times about the imprisonment of 52 people in Australia for up to nearly five years without trial. Secret evidence has been presented against them. They have no prospect of release. 

    Read the full article from the New York Times by following the link below.

    Ben Saul is Professor of International Law at the University of Sydney.

    John Menadue

     

    http://sydney.edu.au/news/law/436.html?newscategoryid=64&newsstoryid=13274

  • John Menadue. Citizenship and shared experience.

    The recent decision by the NSW Government to evict pensioners and low-income tenants from the Rocks in Sydney highlighted for me the importance of mixed communities and shared experiences.

    We all benefit in society when we have shared experiences. We can then get to know other people’s aspirations and their problems. We invariably find that we have much more in common than we think. We benefit both as individuals and as a society.

    Why should only one part of society, the wealthy, enjoy harbour views? Why should a mixed community that has lived for so long in one area be destroyed with low-income tenants forced out whilst the wealthy join other wealthy to enjoy harbour views and the attractive lifestyle that goes with the Rocks.

    In shared experiences we are drawn in two ways. One inclination is to live in pleasant and attractive areas that are often composed of people like ourselves with the same incomes and even the same ethnic backgrounds. But we also know that we benefit from shared experiences with people who are different. Our most important shared and common experiences are in times of natural disaster – bushfires and floods which tear away social class. We are in the emergency together and we find great satisfaction in banding together. Many older Australians recall the common hardship of the Depression, the War and rationing. For Britishers, the bombings and air raid shelters brought people to a ‘common experience’. Despite the hardships and the danger, there was satisfaction in those common experiences. The fabric of society and trust in each other was strengthened.

    As Ian McAuley in ‘Dissent’, November 2012, has pointed out, the British sociologist Thomas Humphrey Marshall wrote in 1949 about ‘common experience’ as an essential ingredient for good citizenship. This common experience is a richer notion than social inclusion. Unfortunately social exclusion by the wealthy is becoming as serious a problem as social exclusion of the poor.

    It is not just the Sydney Rocks that is being pulled apart. Our health and education institutions discourage the mixing of social groups and denying common experience.

    Ian McAuley points out that government subsidies to private health insurance discourages the well-off in the use of public hospitals. Because PHI, particularly for people on the high tables, is used almost entirely to fund treatment in private hospitals, government policy subsidises a form of social exclusion and discourages common experience. It also encourages many articulate people to opt out of support for public hospitals knowing that when they need hospitalisation, they can turn to private hospitals.

    The trend in the denial of common experience is even more obvious in education. In the 1950s, 75% of Australian children attended public schools. Most of the other 25% went to Catholic schools which had a similar social, if not religious, mix as public schools. Now only 65% of students attend public schools. This trend is even more pronounced in secondary schools where just over 60% of secondary school students are in public schools. This proportion is even lower in early grades of secondary school. And this trend away from common experience in public schools is accelerating despite the fact that there is no evidence that private education secures better outcomes. It will take many decades of Gonski to reverse the unfortunate and divisive trends that are occurring. Common experience in schools is being eroded.

    As more and more middle class and articulate parents opt out of public education, a tipping point will arise where it will be hard to ensure public support for public schools. That tipping point is approaching

    Just as the government subsidies to PHI has driven social exclusion in hospital use, so in education government funding is being skewed in favour of the privileged in private schools. The concept of common experience is being steadily eroded.

    We are also seeing this denial of common experience in our built environment. In my blog of November 28, 2013 “there goes the neighbourhood” I drew attention to the way that some communities are being sundered by the wealthy excluding themselves from common experience. They have private pools within minutes of superb public beaches, private entertainment systems, high walls,roller doors and CCT to keep themselves from a common experience with neighbours. Even when public transport is reasonably available, children get driven to school in private cars.

    It is claimed that these developments in our health and educational institutions and in our built environment is justified on the grounds of choice. But choice is often a one-way street available only to those with high incomes. What choice do the low income tenants in the Rocks have about where they are going to live?

    We all know that common experience in national disasters and volunteering brings a sense of togetherness, community and shared humanity. We must nurture institutions that promote sharing and common experience. The most critical is shared experience in schools and education.

    We need institutions and a built environment that cut through social class. That is the path to shared experiences.

    The more we turn our back on common experiences the more our citizenship and society is impoverished.

  • Kerry Murphy. To Kill a Mockingbird and 2014.

    Mark Twain is quoted as saying that history does not repeat itself, but it does rhyme.  I was reminded of this when seeing the excellent production of To Kill a Mockingbird at the New Theatre in Newtown, Sydney last week.  Good literature manages to make us reflect on our own times, and challenges us to think about how we might act in difficult times.

    Harper Lee’s 1960 novel is well known and is a modern classic.  The seemingly simple story of young Scout and her brother Jem, and their widower lawyer father in 1935 Alabama still resonates with an Australian audience in 2014.

    The community attitudes on race we would think are unacceptable in 2014, however it was only a week ago that the Attorney-General told the Senate that there was a ‘right to be a bigot’.   A ‘rhyming Twanian’ theme would be the vilification of those arriving by boat and the increasingly harsh way they are treated, under both Labor and the Coalition.  In To Kill a Mockingbird we can feel for Scout’s father Atticus, the lawyer defending a black man on a charge of rape of a white woman.  Like young Jem, we ask how could the jury possibly find him guilty on that evidence.

    In the New Theatre production, the jury is the audience and we are challenged to face and reflect on our own fears and prejudices in 2014 Australia, just as Atticus challenged the jury in the 1935 story.  How do we come out of this challenge?

    Atticus tells Jem and Scout to ‘spend time in the skin or shoes of the other’ so they can understand that person. This is a challenge for us in 2014.  What if we spent time in the shoes of an Aboriginal who was discriminated against because of their race or colour, or an asylum seeker who was vilified because of how they arrived in Australia fleeing the feared persecution.   Would we so easily say there was a ‘right to be a bigot’ or that ‘illegals’ should be locked away in Pacific penal colonies?

    Lee’s 1960 story of a small town trial in 1935 Alabama resonated as much with the 1960s in the US as it does with Australia in 2014.  The play was well produced and a simple and effective set added to, rather than distracted from the story.  9 year old Teagan Croft stole the show in her confident and credible Scout.  Ably supported by 14 year old Hudson Musty as Jem and 12 year old  Kal Lewins as Dill.  Lynden Jones ably portrayed the genuinely good character of Atticus the lawyer, who had to explain to his children the bigotry of the town against his client just because of his colour.  As good as Lynden was, I still think of Gregory Peck in the 1962 film.

    Revisiting this timeless tale gives a chance to reflect on whose shoes we should stand in to understand them better.  It is easy to preach or pontificate about the inflationary vilification and appalling treatment of asylum seekers in Australia, but like Scout and Jem, I need to stand in the shoes of the others.   What makes people so prejudiced against asylum seekers?  Why does the Attorney-General think there is a right to be a bigot?  Understanding their position will help me better explain my position and views.  I just wish they were able to stand in the shoes of the other as well, and maybe their bigotry and fear would diminish.

    Kerry Murphy is a Sydney solicitor who specialises in Immigration and Refugee Law.

    The play is at New Theatre until 19 April http://newtheatre.org.au/whats-on/season-2014/to-kill-a-mockingbird/

  • Walter Hamilton. The guts of a Free Trade Agreement with Japan.

    Dolphin-culling and free trade agreements represent opposite sides of the coin of the relationship between Australia and Japan. Both are currently in the news, with Sea Shepherd activists hounding the fishermen of Taiji (where the documentary ‘The Cove’ was filmed) and Australian cattle producers in Tokyo trying to break down the last obstacle to a bilateral FTA. More than that, the two issues encapsulate the divided response among many in the West to Japan as a backward and insular nation, on the one hand, and a modern, global partner on the other.

    Years ago I visited the island of Iki, off the coast from Nagasaki in western Japan, to report on the practice of ‘drive hunting’ of dolphins, the same culling method used by fishermen at Taiji to reduce the natural competition for a diminishing fish stock. The founder of Sea Shepherd, Paul Watson, had been in town a fortnight before and got himself deported for cutting nets strung across a cove in Iki, releasing scores of dolphins. The irony was that in the very act of sabotage Watson was caught in a storm and became stranded on an islet from where he had to be rescued by local fishermen (a fact omitted from the fanciful account of this episode posted on the organisation’s website.)

    Interested to find out how others living on the island regarded the dolphin killing, I visited a farmer working his small holding a few kilometres from the coast. ‘Oh, those fishermen down there,’ he told me, ‘they’re an uncouth lot. They give the place a bad name.’

    I was taken aback to find such a sharp divergence of interest, on this tiny island, between fisherman and farmer. I then realized the true importance of factionalism, based on occupation and geography, particularly in rural Japan. Australia’s FTA negotiators, the latest in a long line of officials who have tried for half a century to eliminate tariffs on beef and dairy imports, will be aware of these fissures in the Japanese bargaining position; the fissure, for instance, between the farm lobby and the consumer lobby, or the one separating domestic from international economic priorities.

    The ‘enlightened’ farmer I met proudly showed me his chief productive asset: one Wagyu steer penned in his front yard, being pampered and premium-fed in readiness for the abattoir. Yes, you read that correctly, a herd of one. This and a few other odds and ends, plus a huge government subsidy, kept him in reasonable comfort. He was (and I think he sensed it to a degree) a parody of modern farming. It reminds me of another occasion accompanying an Australian delegation, led by the then Primary Industries Minister John Kerin, in the mid-1980s. Australia at the time was in the grip of a terrible drought, graziers were at their wits end, and yet they could not sell into the Japanese market at fair prices. I remember going with them to a farm near Nagoya and trudging past a veritable showroom of brand-new farm machinery bought with cheap loans from a highly protected rural bank. The Australians could only shake their heads in bitter disbelief.

    So the Japanese farmer and fisherman, for all their differences in lifestyle, share one vital, historic conviction: that, whatever it takes, whatever the international pressure and criticism, their survival is paramount to the national interest. Anyone covering Japanese affairs will tell you that the Ministry of Agriculture has always outranked the Ministry of Foreign Affairs around the Cabinet table. While some progress has been made as a result of the decades of lobbying to gain improved access to the Japanese market for farm goods, every yard conceded has been hard fought. Cracks in the façade often seem to open up at moments during negotiations only to close again as a result of sectional pressure. I’ve heard Japanese Agriculture Ministers explain, in all earnestness, that their countrymen, even if they were given the choice, could not eat more imported beef––because, wait for it, Japanese intestines were different from Westerners’ intestines. Try arguing against that!

    Without major concessions on agricultural imports, no FTA with Japan would be worth its name. Political conditions, however, are as favourable now as they’ve ever been for a genuine agreement, mainly because the ruling Liberal Democratic Party, riding a large parliamentary majority, does not need the farm vote as much as it did 30, 40 or 50 years ago. Global trade liberalisation is also an important lever in Prime Minister Shinzo Abe’s declared policy of economic deregulation (the last ‘arrow’ of ‘Abenomics’). Perhaps the time has come. But as the Sea Shepherd boys and girls will tell you, still prowling the headlands of Taiji looking for blood in the water, rugged self-reliance and a sense of entitlement to a traditional way of life remain formidable obstacles to change in Japan. And the Sea Shepherd crew should know all about that frame of mind.

    Walter Hamilton reported from Japan for the ABC between 1979 and 1996 for a total of eleven years.

  • Walter Hamilton. Credulity and formalism: Abbott’s twin challenges in Japan.

    A prominent Japanese historian once likened the psychology of wartime Japan to a ‘madhouse’ in which the public became capable of believing anything. Another who lived through those years noted how formalism––keeping up appearances long after a cause has ceased to have any meaning––suited a nation unable to change with the times. Credulity and formalism remain powerful elements in Japanese culture, regardless of the fact that the population is highly educated and, these days, formal barriers to the free flow of information are low. Recently we have witnessed extraordinary examples of this phenomenon. As Tony Abbott prepares for his first official visit to that country as prime minister next month, it is worth reflecting on the Japanese state of mind.

    The instinct driving an elderly mother to hand over her life savings on the strength of a telephone call might appear to have little to do with international affairs, and yet her credulity fits within the larger picture. Japanese call them ‘ore, ore’ (‘it’s me, it’s me’) scams, in which a con artist pretending over the phone to be a relative of the elderly victim pleads distress and solicits money. Despite public warnings and police campaigns, this and similar forms of extortion netted criminals an estimated 12.8 billion yen ($140 million) in 2012. Though it might be hard to prove the Japanese are the most credulous people on earth, evidence points to a strong predisposition to believe what they are told.

    Take, for example, the supposedly deaf composer described as Japan’s ‘new Beethoven’ and given the imprimatur of the national broadcaster, NHK, in a documentary broadcast last year entitled Melody of the Soul. The man was neither deaf nor did he compose the works for which he was feted (they were written by somebody else). The journalists and many others who dealt with him had grounds aplenty to doubt his story, but nobody dared challenge the myth. It wasn’t until the real composer, fed up with his paltry reward, threatened to blow the whistle that the truth was revealed last month.

    This episode was followed soon after by another––in the field of science. The story initially presented to the public again proved irresistible: an attractive, 30-year-old female biologist had led a team of researchers to discover a way to create stem cells, opening a simple and ethical way to the cure of all sorts of ailments. Her youth, her sex, and the fact that she worked at a comparatively unknown (to the lay observer) institution added glamour to what was hailed as a far-reaching discovery. National pride oozed from the saturation media coverage. When it became known that, during her experiments, the superstar scientist wore a Japanese cooking apron, or kappogi, in preference to a lab coat, sales of the traditional garment skyrocketed. She might be a modern girl, but her heart was in the right place.

    The stem-cell heroine is now in virtual hiding. The research papers she co-authored have been called into question on several grounds, prompting an inquiry. Though the mistakes uncovered so far have not been branded deliberate deceptions, clearly the public had been too ready to believe in miracles. As the backlash builds, there is a tendency to vilify (‘immature, sloppy’ research, her boss now calls it) what was previously adored.

    Where Tony Abbott comes into the discussion is not, of course, in relation to the specifics of these episodes, but rather what they might indicate about the psychology of present-day Japan. There seems to be a strong, pent-up craving for miracles: redemption miracles, artistic miracles, medical miracles and, in the shape of Prime Minister Shinzo Abe, economic and political miracles. It would be dangerous for Abbott, and Australia, to indulge in similar wishful thinking about the bilateral relationship. Japan is not out of the woods, economically, and relations with its nearest neighbours, currently as bad as they have ever been since the war, show little sign of improving. To ignore, play down or set aside these major conditioning factors in our two-way relationship would pander to the Japanese weakness for credulity and formalism.

    What Japan needs right now is a cold shower: a reality check, a return to earth. Tokyo’s recent decision not to review the 1993 government apology on wartime ‘comfort women’ might, at first glance, appear to be the start of a healthy sobering up. But Abe’s explanation, that ‘we must be humble regarding history’, is not necessarily what it seems. Given the government’s direct hand in textbook screening, just one example of its current ideological offensive, his further comment that ‘issues regarding history should not be politicised or made diplomatic issues’ is hardly ingenuous or helpful. If Abbott ever intended broaching the issue that lies at the heart of Japan’s poisonous relations with China and South Korea (and recent media reports suggest he does not), he has been warned off even before he gets to Tokyo.

    History and diplomacy cannot be separated on a whim, no matter how much certain politicians might find it convenient to do so. The formalism of humility without candour and sincerity, the credulity of a diplomacy built upon a refusal to fully face up to the past: these are manifestations of the same blind spot exploited by conmen, ‘deaf geniuses’ and headline-grabbing scientists. Tony Abbott needs to go to Japan with his eyes wide open and not take the line of least resistance to Abe’s unsustainable worldview.

     

    Walter Hamilton reported from Japan for eleven years.

  • John Menadue. Pity our diplomats.

    It is not often that our diplomats in foreign posts receive or need our sympathy in the work they do. But just think of their present plight in defending the Australian Government’s behaviour in foreign policy. What we are seeing across so many countries is alarming. With many key countries, we are skating on very thin ice – and the ice will probably crack fairly soon.

    Just consider what is happening.

    In our region for decades, opinion leaders and almost anyone else who knew anything about Australia scratched their heads when they realised that we had a foreign head of state. Invariably they asked themselves and others, how can this be in a country like Australia that sees its future as an independent nation in the Asian region? This cultural cringe has worsened in the last few days. We are going to have knights and dames.  How do our diplomats in the region explain this colonial nostalgia which is taking us back down a time-warp to Menzies of the 1950s? We are really making a laughing stock of ourselves. We give lip-service to the Asian Century. But knights and dames belong to the 19th Century.

    The Abbott Government has cut overseas development aid by over $100 million this year and with further cuts to come. The poor of our region will be punished so that the government can fund parental leave for the wealthy. How do our diplomats explain this?

    We ask Cambodia, one of the poorest countries in the world, to take asylum seekers that we have a duty to protect and support. Cambodia is a member of ASEAN. The other members of ASEAN must be nonplussed.

    We have offended the President of Indonesia in the clumsy handling of telephone tapping of his office. We add to this insult by breaching Indonesian sovereignty almost at will with our naval vessels and turn backs of asylum seekers. Scott Morrison tramples not only over the rights of asylum seekers, but also has been extremely damaging in his visits to Indonesia. On very reliable advice, I know that in Jakarta he is regarded as quite garrulous and aggressive. He shoes the same approach in Australia.  He is causing great damage. He is determined to stop the boats at any cost, including our relations with Indonesia.

    The Australian Government tapped the telephones of East Timorese ministers and officials who were engaged in delicate negotiations with the Australian Government on the gas field between Australia and East Timor. The Director of ASIO, who sanctioned the tapping of the telephones in the first place when he was head of ASIS, then persuaded George Brandis to issue orders for raids on the premises of a witness and the Counsel for the East Timorese Government before the International Court. I am glad I am not a diplomat in Dili to try to explain this.

    In Opposition, Tony Abbott and Scott Morrison attacked the human rights record of Malaysia, and particularly ‘caning’. It caused serious damage in our relations with Malaysia.  It was wilfully and deliberately done because the Coalition did not want the Labor Government to be successful in stopping the boats. Under the rubric of concern for human rights, the Coalition sided with the Greens in bashing Malaysia.

    Our relations with China have been pungently described by a frequent visitor to China as ‘f… ed’. Tony Abbott started the damage by describing Japan as Australia’s best friend in Asia. Given the long-term hostility between Japan and China it was not surprising that China was offended. Julie Bishop then added to the insult by her comments in Washington. Quite unnecessarily we sided with the Japanese against China over the disputed islands in the East China Sea. When Julie Bishop visited Beijing in December last year she was publicly chided by her Chinese counterpart Wang Yi. He accused Australia of ‘jeopardising bilateral mutual trust’. He added ‘the entire Chinese society and the general public are deeply dissatisfied’. Peter Rowe, our top diplomat for North Asia, told a Senate Committee a few weeks ago that ‘I have never in 30 years encountered such rudeness’. The Chinese are clearly very angry. Our diplomats in Beijing would be wise to keep their heads down. Not surprisingly they are having difficulty arranging Tony Abbott’s visit

    But wait, there is more. Last month in an exclusive in the SMH on February 24, Bianca Hall and David Wroe reported that ‘Diplomats preparing for the UN Human Rights Council in Geneva have expressed concern that Australia is working to actively undermine a push for an international enquiry into human rights abuses in Sri Lanka because of the [Australian] Government’s eagerness to cooperate with that country’s leaders on asylum seekers’. It was reported that the US and UK officials had ‘a deep concern’ about Australia’s position.

    If this serial blundering continues, we will suffer real pain. It is likely that China and Indonesia could be the ones to inflict that pain.

    Spare a thought for the diplomats who have to try and repair the damage.

     

  • Louise Newman. Detention of children seeking asylum in Australia.

    Australia has a unique approach to the ‘problem‘of asylum seekers arriving by boat in an ‘unauthorised’ fashion – exportation. Under current policy all unauthorised arrivals are processed as rapidly as possible on Christmas Island and then transferred to Nauru or Manus who are supported by Australia to assess refugee claims, house and ultimately resettle those found to be refugees. Or so the story goes. Much recent discussion, particularly since the attacks on asylum seekers on Manus allegedly by those in protective roles, has pointed to the breakdown of this system with increasing numbers remaining on Christmas Island and lack of any processing of claims or moves to resettlement. There is even discussion about the commitment of PNG to the resettlement process and they themselves have recently stated that it will not be possible to resettle in PNG those already there. The politics is complex and with a certain air of separation on the side of the Australian Government which is wedded to the concept of off shore processing as part of a framework of deterrence. The focus on deterrence of any arrivals on the mainland has led to extreme measures such as towing or pushing boats away and setting asylum seekers in the opposite direction in life boats where they become someone else’s problem on landing. The consequence or outcome is seen as the sole factor driving policy and little account is taken of the means. It is in this context that vulnerable groups such as children and unaccompanied minors and the mentally ill are caught in a particularly unpleasant political drama.

    As this is played out on the high seas we hear little discussion of Australia’s position as a voluntary signatory to the UN Convention on refugees and our responsibilities. We do not hear much discussing of the regional issues and need to support neighbours who bear most of the burden of supporting asylum seekers with minimal support. We do not provide leadership in the construction of a regional protective frame work despite this being raised by the Government appointed expert group looking at a system of response to the needs of asylum seekers and displaced persons. The ‘problem ‘ of displaced persons continues to grow as Australia’s response shrinks  – to the point where we now accept no asylum seekers coming by boat and will never resettle these arrivals on the mainland.

    In the middle of this debate the plight of the asylum seekers is often forgotten or trivialised. Many find stories of persecution and trauma ‘distasteful ‘and Government prefers to dismiss many as ‘economic refugees’ with the implicit judgment that they are unworthy. The system does not value seeking a safe life for children or fleeing ongoing persecution as worthwhile goals. The notion of threat from asylum seekers continues to be used as a political tool. The community has been caught in this escalating series of political moves aimed at limiting discussion of the broader issues and escalating fear and xenophobia. The language of “sovereign borders” and approaches veiled in secrecy as we wage a war on people smugglers does little to help us think in a rational way about Australasia role in supporting the worlds dispossessed or being a leader in our region. Both major political parties brought in reductionist approaches and prided themselves on harshness and firmness in the name of a greater good.

    The current situation emerges from a history of harsh approaches including arbitrary and mandatory detention of all unauthorised arrivals including infants, children and the mentally ill. In the days of Baxter and Woomera detention centres in remote locations a considerable amount of research and clinical evaluation documented the damage of indefinite detention on mental health and the deterioration of asylum seekers capacity to tolerate the situation. Helplessness, depression and despair took their toll as the community witnessed mass despair, self harm and protest. Children witnessed violence and behavioural breakdown and saw the deterioration of their parents. The damage was significant and well described in the HREOC report of 2005 which recommended that children should only ever be detained as a matter of last resort. Following this and with the support of all major medical and health groups, children and families were moved in to community settings with seemingly greater awareness of their needs.

    The past 5 or so years has seen a reversal of that position as successive Governments saw the need to maintain a politics of exclusion and to appeal to those sections of the community with deep seated anxiety about Australian security in a changing world. Detention of the vulnerable has continued and no exceptions are made on the grounds of trauma exposure, age, mental disorder or physical condition. Government has exported the most vulnerable to situation where health and mental health services are  minimal and with no certainly about the future has essentially recreated the conditions of over a decade ago where the detention centres became the breeding ground of mental disorders and breakdown. Recent protest, violence and self-harm are entirely predictable in these circumstances and should therefore be preventable.

    The detention of children and other vulnerable groups in these circumstances is a great shame and belittles us all. Those of us in the mental health sector need to speak out about any policy which damages the mental health and development of children and others and help to develop a higher level of discussion across the community about these important issues, Whilst Government may prefer to remain silent on its actions and their morality, we cannot.

     

    Louise Newman is the Professor of Developmental Psychiatry and Director of the Monash University Centre for Developmental Psychiatry and Phycology.

  • David Isaacs. Impacts of detention on children.

    I am a paediatrician. I specialise in paediatric infectious diseases but also work as a general paediatrician. For the last 10 years, I and my colleagues have run a Refugee Clinic at the Children’s Hospital at Westmead, where we assess child asylum seekers and refugees. The initial aim of this clinic was to screen children for treatable infectious diseases like tuberculosis and malaria and for other non-infectious conditions like rickets. However, the whole nature of the assessment has changed of late.

    Over the ten years, we have seen a very large number of children who have been in detention centres. It has become increasingly apparent that many of the children we see are suffering from post-traumatic stress and this number has risen steadily so that currently more than half of all the asylum seeker children we see are suffering from post-traumatic stress. This may be because we are increasingly aware of post-traumatic stress and ask more searching questions, but often a history of the symptoms of post-traumatic stress is easy to obtain. Young children have nightmares and sleep disturbance including sleep-walking. They are fearful and cling to their parents. They may start wetting their beds or pooing their pants. They may have problem behaviours, such as being defiant, angry or irritable. They may have somatic symptoms such as head-aches or abdominal pain. Older children may self-harm.

    Many of these children were exposed to traumas in their countries of origin and undertook perilous journeys, which clearly contribute to their stress. However, the trauma of being in detention centres without knowledge of when they will be released clearly adds to the stress and compounds the problem. Children are particularly vulnerable if their parents are struggling to cope with the trauma.

    We are able to refer our most severely affected children to a dedicated psychologist working in the Department of Psychological Medicine in our hospital. The NSW Service for the Treatment and Rehabilitation of Torture and

    Trauma Survivors STARTTS is a useful resource for adults and children with post-traumatic stress.

    Impact of length of detention on children

    Unequivocally, we find that the longer a family is in detention, the greater the stress on the child and on their parents. Mounting parental stress in turn increases the stress on children.

    Measures to ensure the safety of children

    Although traumatised children in detention are referred to specialist mental health staff occasionally, this is the exception rather than the rule. Children in detention who are suffering from post-traumatic stress need to be seen by a paediatrician to see if they need specialist mental health assessment.

    Education, recreation, maternal and infant health services

    Australia is a co-signatory to the UN Convention on the Rights of the Child which states that all children have the right to be provided with a safe environment and with adequate health-care and education. We have an obligation to provide these to children under our care, whether they are citizens, permanent residents, refugees or asylum seekers. This includes asylum seeker children on Manus Island or Nauru. Australia cannot abdicate its responsibility to asylum seeker children by preventing them reaching the mainland.

    The separation of families across detention facilities in Australia

    Separation of families is fortunately uncommon, but when it does occur it can have a disastrous effect on children’s mental health.

    The guardianship of unaccompanied children in detention in Australia

    Unaccompanied minors have often left their entire family behind and are in urgent need of being able to contact them and to stay in contact. Closed detention is particularly inappropriate for these highly vulnerable children.  There is a clear conflict of interest in having the same person who is detaining the child as the person who is legally responsible for their welfare (i.e. the Minister).  The role of advocate for the child has to be independent of judicial decisions about the child’s fate.

    Assessments conducted prior to transferring children to be detained in ‘regional processing countries’

    Children in offshore detention should have appropriate screening tests and catch-up vaccinations and be adequately protected against malaria.

    Progress made during the last 10 years

    There has been only minor progress in the last 10 years. It was acknowledged by the previous Government that children should not be in detention at all. The number of children in community detention has grown slowly but steadily. According to DIAC, however, in September 2013 there were still over 1000 children in immigration detention facilities and alternative places of detention (not community detention). There are no current figures available on the number of children in immigration detention or their whereabouts. This is disturbing. We need more transparency. No child should be detained unnecessarily in a detention centre.

    Conclusions

    Australia has a duty of care to asylum seekers under International Law, which includes protecting them. Delaying decisions about their fate and imprisoning asylum seekers and their children in detention centres is a dereliction of that duty of care. Whether or not the asylum seekers are eventually accepted as refugees, it is counter-productive and cruel to increase their mental health problems by inappropriately draconian measures such as detention.

    Professor David Isaacs is a Consultant pediatrician at the Children’s Hospital at Westmead and Clinical Professor in Paediatric Infectious Disease, University of Sydney

     

     

  • Mark Isaacs. Deterring boat arrivals!

    Over the past decades of asylum seeker policy in Australia we have heard many justifications for a strict deterrence policy. Border protection, save lives at sea, ‘no advantage’ for queue jumpers, smash the people smugglers’ business model, and, of course, ‘we decide who comes to this country and the circumstances in which they come’.

    At the same time, public debate fostered by mainstream media and by Australian politicians continually refers to asylum seekers by terms such as ‘illegals’ and ‘queue jumpers’, terms that we must continually reject as they have no legitimacy in Australian or international law and aren’t representative of the global view of asylum seekers. Those who control the public discourse have created a confused and purposefully misleading national discussion that shadows the truth and promotes anti-asylum seeker sentiment.

    This was recently made clear to me with the recent publication of my novel, The Undesirables, and the subsequent media space I have had the privilege to occupy. I was faced with a multitude of different arguments that rarely aligned but all came from a similar source, propaganda. The main issue most journalists wanted me to address was the idea that a deterrence policy does stop asylum seekers getting on boats to come to Australia, and hence, the government is saving lives. It seems that when a person speaks out on humanitarian grounds, with the knowledge and conviction to say that these people aren’t illegals, terrorists, threats to our security, the debate focuses on ‘saving lives at sea’.

    First and foremost, I don’t believe that this policy is about saving lives. If this policy is about saving lives at sea, and not the border protection threats Scott Morrison cites in his press releases, why aren’t we championing this policy to the world as a humanitarian achievement? Why is the policy so heavily criticised by international organisations such as UNHCR and Amnesty International? Why has the Australian government banned Australian media from entering the camps? Why are we not allowed to know how many boats the government has turned back to Indonesia?

    Let’s say that this policy does stop asylum seekers taking boats to Australia. This doesn’t necessarily save lives and doesn’t solve any global issues with asylum seekers; it merely shifts our responsibility for protecting asylum seekers, a responsibility assumed by signing the United Nations Refugee Convention, to another part of the world. It means those asylum seekers originally facing persecution now face a very bleak situation in Indonesia, a country that has no such obligations to processing refugees. Asylum seekers will still need to flee persecution and will still need the help of people smugglers to facilitate their escape because there are few ‘correct channels’ of migration, if any, available to them. I asked the men I worked with in Nauru why they didn’t come to Australia by the ‘correct channels’. Such a question was an insult in the camp.

    ‘You show me the Australian embassy in Afghanistan. You see if a Hazara man can go there without being shot. If you go to the Australian embassy they ask you why you want to leave. If you say you have a problem, they say it is not enough. Many people have tried. We cannot go to our government and ask for visas. We are not even allowed to study in Afghanistan. How do I apply for a visa to Australia when my government wants to kill me? If you want to go to the United Nations office in Quetta, Pakistan, it is in a dangerous area. People recognise Hazara faces and they target them easily. If you go there, you have to stay for a long time and it is dangerous. Maybe you will be targeted. You think we would leave our homes if we didn’t have to? You think I’d leave my family if I didn’t have to?’

    The reality of deterrence is indefinite detention: incarcerated for unlimited time periods with no idea of when you can leave. Every day feels the same, no progress, no change; just waiting. The reality of deterrence is an illogical processing system that purposefully avoids giving people answers because judging by statistics 90% of these people will be approved as refugees. In my time in Nauru I witnessed self-harm, hunger strikes, thirst strikes, psychosis, and the ultimate loss of hope, suicide attempts. Saving lives at sea by ruining lives. Countless times I heard Nauru described by asylum seekers of all ethnicities as hell. If these people could return to their home countries, they would.

    I wrote ‘The Undesirables’ for many reasons, one of which was to show the Australian people what the reality of offshore detention centres is. If the Australian people are okay with placing people in such conditions in an attempt to shift our responsibilities for protecting the world’s most vulnerable then so be it, but better they make an informed decision than hide behind the falsities and mistruths peddled by both sides of politics and claim ignorance due to this veil of secrecy that has been placed over both Manus Island and Nauru.

    Mark Isaacs

    Author of The Undesirables

    http://www.bookworld.com.au/book/the-undesirables-inside-nauru/47134434/

    https://www.facebook.com/isaacsmark1

    http://markjisaacs.com/

  • Martin Laverty. Poverty and poor health go together.

    In 2008, the World Health Organisation provided an action plan to Australia and other countries to tackle the health disparity between rich and poor which sees an Australian in the lowest group of wealth-holders live with up to three times the amount of chronic illness of a person in the highest wealth-holding group.

    One year ago last week, Catholic Health Australia and the members of the Social Determinants of Health Alliance applauded a co-authored report of a Coalition, Labor and Greens Senate Inquiry that recommended the Parliament endorse the 2008 World Health Organisation’s recommendations on how to address health equity – that we had argued must be the first important step towards meaningful action on social determinants.

    But last week, on the one-year anniversary of the release of this rare tri-partisan report, there was nothing to celebrate. There was nothing to welcome. There was just a moment to bemoan the fact that yet another year had passed since the Senate Inquiry reported and the Federal Parliament has not pushed ahead with the Inquiry’s recommendations or any plan to address unacceptable disparities in the health of Australians.

    Reports seem to emerge every couple of weeks pointing to those unacceptable variances based on people’s socioeconomic status or their ethnicity or where they live or their education level. These reports – like last year’s Senate report – are not prompting action from federal politicians.

    While we have been advocating for change at the political level and in the public domain, CHA has also been presenting compelling evidence as to why action on the social determinants is crucial. One of those contributions is The Cost of Inaction on the Social Determinants of Health; a report commissioned by CHA and prepared by the National Centre for Social and Economic Modelling (NATSEM).

    That report found that $2.3 billion in savings could be found annually through avoidable hospital admissions if Australian Governments were to implement the findings of the World Health Organisation’s Closing the Gap in a Generation report. Those are the same recommendations that the Senate Committee said the Parliament should endorse.

    The NATSEM report also found implementing the WHO recommendations could see:

    • 500,000 Australians avoid suffering a chronic illness;
    • 170,000 extra Australians enter the workforce, generating $8 billion in extra earnings;
    • $4 billion in welfare support payments saved each year;
    • 5.5 million fewer Medicare services utilised each year, resulting in annual savings of $273 million;
    • 5.3 million fewer Pharmaceutical Benefit Scheme scripts being filled each year, resulting in annual savings of $184.5 million.

    These staggering opportunities are what new approaches to health policy could achieve, yet counter-intuitively they do not require change to the way our health system operates.

     

    The opportunity to reduce chronic illness and save on hospital and pharmaceutical expenditure requires action outside of the formal health system. Doing so would improve the lives of half a million Australians. It would also help the Federal Government achieve savings it is very keen to find.

     

    Australia suffers the effects of a major differential in the prevalence of long-term health conditions. Those who are most socio-economically disadvantaged are twice as likely to have a long-term health condition as those who are the least disadvantaged.

     

    Put another way, the poorest are twice as likely to suffer chronic illness and will die on average three years earlier than the most affluent. Poor health of low-income Australians can be avoided, allowing Government to spend less money on treating health conditions that should never have occurred in the first place.

    Drug-, alcohol-, tobacco- and crisis-free pregnancies are understood to be fundamental to a child’s lifelong development. So, too, is early learning that occurs in a child’s first three years of life.

     

    School completion, successful transition to work, secure housing and access to resources necessary for effective social interaction are all determinants of a person’s lifelong health. These are factors mostly dealt with outside of the health system, yet they are so important to the health of the nation.

    We can’t afford – in dollar terms, but more importantly in human terms – for this to be a political can that is kicked down the road. Action on social determinants will save lives, and deliver both government and community an extraordinary financial and social surplus.

    A resolution passed in the House of Representatives in 2010 compelled the sitting Government to respond to a Senate committee’s report with six months.

    Labor can point to the federal election – held within six months of the report being tabled – and the Coalition can point to the fact the report was tabled during the last Parliament, but we are becoming increasingly impatient with politicians who aren’t addressing the causes of poor health.

    Isn’t 12 months of increasing inequity more than enough? It’s time for action.

    Martin Laverty is the CEO of Catholic Health Australia. CHA represents the largest single grouping of non-government health, aged and community care services in Australia.

  • Graham Freudenberg on ‘The Making of Australia – A Concise History’ by Robert Murray

    When I was a teenage Tory in Brisbane in the early Fifties, Bob Murray, a bright young spark from the Melbourne Argus was the most persuasive of my newspaper contemporaries who led me gently towards the light.  In Sydney a couple of years later, at the end of 1954, in midnight to dawn sessions at the old Phillip Street Journalists’ Club, we debated the coming of the Labor Split, unwittingly laying the foundations for his classic account The Split – Australian Labor in the Fifties (1970).

    In the halcyon early Seventies, as one of the few people I knew who had actually been behind the ‘Iron Curtain’, he helped me keep Ostpolitik and  Détente in the perspective of the continuing awfulness of regimes like the East German. This clarity of views, sharpness of insights, balance and common sense abound in his octogenarian opus The Making of Australia – A Concise History (Rosenberg Publishing).

    This is the first single-volume general history of Australia since the ‘history wars’. To some extent it complements from a more conservative perspective the monumental Cambridge History of Australia edited by Stuart Macintyre, at less than a tenth of the price. Both works show how the ‘history wars’ have transformed our approach, especially about the relations between the Aborigines and the occupiers after 1788.

    For the first time, the relations between the aborigines and settlers form an integral part of the whole narrative. In the index, there are 196 entries, with substantial references, by my count, on 103 pages – one third of the book. The aboriginal story is woven into the ongoing narrative. This inclusiveness is unprecedented in Australian general histories.  We have come a long way from the great flowering of Australian historiography in the 1950s and 1960s, when Manning Clark subsequently apologised for his comparative neglect of Aborigine studies and Gordon Greenwood, in the first post-war general history Australia, ignored them altogether.

    In dealing with Australia’s military history, Bob Murray has taken a very different approach, and I think less successfully. He has chosen to lump the First and Second World Wars together in a single chapter entitled ‘The Call of Khaki’. This approach may emphasise the continuity of the two wars, at least in their European and imperial context. But, besides wrenching the chronology of the narrative somewhat, this treatment understates what I believe to be the centrality of the wars to our political, social and economic development.

    There are signs that the Anzac Centenary is going to spark another round of ‘history wars’ in much the way that the Bicentenary set in train the debate that led to the ‘history wars’ about Aboriginal Australia. Perhaps John Menadue’s blog last year about the political manipulation of the Anzac tradition was a first shot.

    This time around, I hope we are mature enough to avoid some of the nastiness that accompanied the last round. In his book on the Split, Bob Murray memorably noted ‘the absence of goodwill’ as a major factor in Labor’s self-destruction. There was a notable absence of goodwill in the waging of the first ‘history wars’.

    It would be ironic if the renewed debate on Australia’s military history came down to competing slogans of ‘best we forget’ versus ‘lest we forget’. After all, ‘best we forget’ was a sentiment often used to discourage the quest for truth about the Aborigines.

    When it comes to Anzac (as shorthand for all our wars) I uphold ‘lest we forget’ in the sense that the author of the phrase, Rudyard Kipling, used it in his poem Recessional, written for Queen Victoria’s Jubilee in 1897. Kipling meant it as a warning against the pride and arrogance of imperial power and that even the mighty British Empire would one day be ‘as Nineveh and Tyre’.

    Bob Murray and I belong to the last Australian generation for which the British Empire was still a going concern. This fine book can stand as the testimony of our generation and our understanding of what it means to be Australian.

    We were the depression babies, formed politically in the Chifley-Menzies era, with our adulthood dominated by the Cold War in all its manifestations. Despite this tumultuous and often menacing background, we have been an exceptionally lucky generation of Australians. Perhaps because the low birth rate in the Depression made our path to education and employment so easy, we were optimists. Fittingly, Bob Murray ends his book on a high note, quoting the ‘other half of Malcolm Fraser’s (and George Bernard Shaw’s) ‘Life wasn’t meant to be easy.’ – ‘But take courage, it can be delightful.’ Both halves of the quotation apply to the writing of books about Australian history. And in this case, the second half certainly applies to the reading of it.

  • John Menadue. Privatising Medibank Pte – who cares?

     

    This is a repost from 28 November 2013. My own view is that all the private health insurance companies, including Medibank Pte are parasitical and undermine Medicare. The only important political issue in my mind is whether the policy holders who have contributed over decades to Medibank Pte should receive appropriate recompense rather than the government taking the money for itself.  John Menadue

    I won’t lose any sleep if the Abbott Government proceeds to privatise Medibank Pte. It is anticipated that the sale could realise $4 billion. That will go almost half way towards the $8.8 billion that Treasurer Joe Hockey is providing as a reserve fund for the Reserve Bank, even if the Bank didn’t ask for it.

    Whether all of that $4 billion should go to the Treasury from the sale of Medibank Pte is a moot point. Don’t the policy-holders, some with as many as 37 years membership, have an entitlement to some of that accumulated value? I declare a personal interest as I became a contributor to Medibank Pte when it was established by the Fraser Government in 1976.

    Medibank Pte was established then because of the Fraser Government’s hope that it could be an alternative to the universal health insurance scheme which the Whitlam Government introduced and which later became known as Medicare under the Hawke Government.

    I am quite indifferent to whether Medibank Pte is publicly or privately owned. As Ian McAuley and I set out in an article for the Centre for Policy Development in January 2012, private health insurance is ‘high in cost and low in equity’.  See this article on my web by clicking on ‘website’ at top left hand of home page, then ‘health’ and then article of January 2012.

    Whilst Medibank Pte. Is publicly owned, it acts just like all the other health insurance firms that are privately owned.  I t serves no special social role. It is the largest health insurance fund out of the total of 40 funds. It has a market share of about 30% followed by BUPA with about 27%.

    I won’t repeat all of my objections to government subsidies for health insurance firms which cost about $7 billion p.a. for the taxpayer. But my objections remain strong.

    • The administrative costs, including profit, of health insurance funds including Medibank Pte are three times those of Medicare. Just look at the money they waste on television advertising.
    • With government approval, health insurance premiums have increased every year at well ahead of the CPI. The increase in Medibank Pte premiums are close to the industry average.
    • Private health insurance benefits high income earners at the expense of low income earners.  The more wealthy Australians use health insurance to jump the hospital queue
    • Gap insurance by health insurance funds has underwritten the largest increase in specialist fees in 25 years.
    • These health insurance firms limit the ability of Medicare to put a cap on cost increases, particularly by private hospitals and private specialists who are paid multiples of the salaries paid to equally competent specialists in public hospitals.
    • The US is the stand-out example of the havoc which high cost private health insurance (PHI) can cause. As I pointed out in my blog of March 4, 2013, ‘If the US had a health service like those in countries without heavy reliance on PHI, such as Australia, it could solve its budget deficit problem.’ Health services in the US scream out ‘Beware of private health insurance’.

    I have been a member of Medibank Pte for 37 years. It has been a waste of money. All it provided was some irrational ‘peace of mind’. I have found it hard to admit to myself that all those tens of thousands of dollars in premiums I paid over 37 years have been largely wasted. In the same way health bureaucrats in Canberra, under pressure from very powerful vested interests find it difficult to face the fact that their policy advice to governments on the subsidies to high cost  health insurance companies has resulted in appalling public policy.

    My forlorn hope is that an Australian Government will one day eliminate the $7 billion corporate welfare which the Australian taxpayer presently provides to PHI. There would be a bonus in money saved by the government, but more importantly it would shore up Medicare’s position as a single payer that could better control costs. Until that happy day occurs, I don’t really care whether Medibank Pte is public or privately owned. It makes no difference.  It is part of a high cost parasitical industry. All private health insurance is undermining the universal, efficient and equitable public health insurance system called Medicare.

  • Rod Tiffen. Abbott contempt of court.

    After the 2013 election, the ABC satirical program The Hamster Decides responded to an election night comment by the columnist for the Australian Chris Kenny that the ABC’s funding should be cut with an animated version of Kenny having intercourse with a dog.  Kenny demanded an apology and then sued for defamation.

    It is unusual for satirical programs or cartoons to be the subject of defamation actions, and such cases carry dangers for both sides in any litigation.  A jury’s reaction to something that in ordinary discourse would be bad taste or disproportionate is unpredictable.

    On March 6, Justice Beech-Jones ruled that the case could proceed to trial by jury because it carried the defamatory imputation that Kenny was a low, contemptible and disgusting person, although he rejected the imputation that the skit implied Kenny literally had sex with dogs.

    Following this partial victory by Kenny, there was a short publicity blitz by all those usual suspects who seize any opportunity to criticize the ABC.  In the short-term, Kenny and his allies seemed to be winning the propaganda war.  On the ABC panel show, Q and A (March 10), not one panelist took the program’s side.

    There were several claims that all Kenny had wanted was an apology, but this is in some doubt.  Sydney Morning Herald columnist Mike Carlton said that he had it on strong authority that Kenny had demanded a considerable sum of money, an on-air apology to be telecast after Media Watch, plus the statement that he was a fair and impartial journalist.  Presumably if the ABC holds its nerve and the case goes to trial, the truth of these early interactions will be revealed.

    Perhaps the most notable intervention was by Prime Minister Tony Abbott, who said in a TV interview: ‘Well the point I make is that government money should be spent sensibly.  And defending the indefensible is not a very good way to spend government money and, next time the ABC comes to the government looking for more money, this is the kind of thing that we would want to ask them questions about.’

    It is hard to remember any other prime minister making such an intervention into a civil case in progress.  It takes its place alongside other Abbott precedents, such as handing over his predecessors’ cabinet documents to the Royal Commission on the home insulation scheme, or using international fora such as the World Economic Forum in Davos to make domestic partisan criticisms.

    So far Abbott has had a Teflon run since becoming Liberal leader.  Partly this reflects the double standards at work in Australian politics.  If a Labor leader had made a comment like Abbott’s say about a News Corp columnist, there would have been a huge outcry.  Those media which have dutifully reported Abbott’s comments as sensible observations would instead have been filled with outrage.

    We have a novel situation in Australia at the moment, where substantial sections of the media (News Corp newspapers and commercial radio talk shows, at least in Sydney) see themselves primarily in tribal terms, that they are on side with the government.  In the process, those who seek to report politics impartially (the Fairfax press and in particular the ABC) are constantly attacked.

    Prima facie, Abbott’s statement seems to not only have decided what the outcome of the case should be, but also to threaten one side financially for continuing.  A naïve reading would consider that in a case which is sub judice and to go to a jury, this would constitute contempt of court.  But it is another Abbott precedent that is unlikely to cause him any damage.

    Rod Tiffen is Emeritus Professor in Government and International Relations, University of Sydney.

     

     

  • Wayne Gibbons. The boats were not sabotaged.

    “So we convince ourselves every cruelty we’ve inflicted – beginning with sabotaging boats along the Malaysia coast under Malcolm Fraser – isn’t a reflection on us. It’s tactical.”

    I was surprised and disturbed by this sweeping statement from David Marr in theguardian.com on 5 March. It unfairly casts a pall over the great success of Australia’s Indochina refugee program led by the Fraser government and the role of the immigration officials involved.

    From 1978 to 1980 I was based in Malaysia as Coordinator of Australia’s refugee resettlement programs in South East Asia. Prior to that fulltime roll I lead several short term missions to Guam and the East coast of Malaysia to offer resettlement in Australia to Vietnamese refugees. I have also served as private secretary to Ministers for Immigration in the Whitlam and Fraser Governments.

    From this vantage of involvement at the highest levels of government and at the coal face of refugee selection and resettlement, I am confident that no directions to sabotage boats were given to Australian immigration officers by people in authority and that no boats loaded with refugees were deliberately damaged by our officials. Though, I believe we may have disabled several empty boats to prevent their reuse to “push off” people who had already arrived on other vessels.

    I understand why some people may be confused on this point because we often spoke publicly about the need to “stop the boats”.  But far from resorting to sabotage as a tactical response, our strategy was to conduct a sizable, caring and efficient resettlement program under a Comprehensive Plan of Action with the countries of SE Asia in co-operation with the US, Canada, France, the UK, New Zealand  and ourselves.

    From the start, all resettlement countries wanted to discourage refugees taking very long and risky journeys across open seas in unsuitable craft. We all wanted refugees that were fleeing Vietnam on small boats to be landed in neighbouring first asylum countries into the care of the UNHCR. Australia and other countries had already agreed to treat all such people as refugees. This meant we could offer resettlement without first having to determine individual status under the UN Convention.

    From the fall of Saigon in 1975 until the first half of 1978, those setting out from Vietnam to cross the South China Sea were mostly rural ethnic Vietnamese. They travelled in small owner skippered fishing boats that were usually reasonably seaworthy.

    If our immigration officers came across any of these people as they arrived along the Malaysian coast they would try to counsel them to disembark and await an offer of resettlement. Most heeded that advice, but a few pressed on. At the same time, some local Malaysian officials would insist they keep going if their boat was seaworthy and in some instances resorted to towing them back to international waters.

    Being owner fishermen and competent seamen the Vietnamese were very reluctant to disable their own boats and would keep going if pushed off. Some made it to Darwin but most broke down en route and ended up in makeshift camps in Indonesia.  It is difficult to believe them allowing Australian officials to sabotage their boats.  Indeed I have been unable to corroborate such a suggestion among surviving officials who served in Malaysia during this period.

    All this changed rapidly from mid 1978 as arrivals increased dramatically. This next, far larger wave of departures consisted of urban people who paid corrupt officials and middlemen for their passage. They were predominantly ethnic Chinese who were crowded into vessels in numbers that made their journey highly dangerous. For example, a small vessel that would have carried 15‑20 Vietnamese could be packed with 100-130 ethnic Chinese in appalling conditions. Understandably they were almost always desperate to disembark at first landfall, be that in Thailand or Malaysia. Their wretched, cramped conditions and not infrequent encounters with pirates en route fuelled fears about being forced back to sea, which in turn encouraged them to scuttle their boats as soon as they reached coastal waters or if they were intercepted by Malaysian patrol boats. In any case, very few boats were able to withstand the coastal surf and most broke up within hours of beaching.

    UNHCR was very slow to gear up as arrivals skyrocketed and this created great frustration within the Malaysian Government, which was increasingly worried by the growing concerns evident among Malays living in kampongs along the east coast. Malaysia soon reacted by closing all mainland camps (except for the transit centre in Kuala Lumpur) and designating Pulau Bidong, an uninhabited island,  as the site for a major holding camp for arriving refugees. This created huge logistical difficulties for all resettlement countries, made worse by continuing UNHCR shortcomings.

    Malaysian patrols were also subsequently increased with orders to stem numbers landing in Malaysia by intercepting boats further offshore and deflecting them south. This led to a rapid build-up of refugees landing in the Indonesian Anambas Islands where the local population was quickly overwhelmed as more and more makeshift camps developed. Australia was among the first countries to organise resettlement from these new remote camps.

    Far from calculated cruelty, our approach to people leaving Indochina was generous and fair. It certainly did not include sabotage of small boats crowded with refugees.

    Despite the many difficulties, we made a significant contribution through resettlement. It was made possible through close cooperation with regional countries in a strategy that balanced their requirements and the demands of refugees with our own need to maintain public support at home.

    Whatever has happened since then, at the time of these policies it was a watershed for Australia. As John Menadue said in an earlier blog, “in accepting 150,000 refugees from Indochina …… Malcolm Fraser broke the back of White Australia”. Australia is a better society for it and I am grateful I had a role helping achieve that outcome.

    Wayne Gibbons was the Co-ordinator, Australian Indo-Chinese Refugee Resettlement Program. He was later Deputy Secretary, Department of Immigration and Multicultural Affairs and Deputy Secretary, Department of Employment, Education and Training. He was also the CEO of the Aboriginal and Torres Strait Islander Commission.

     

     

     

     

     

  • Susie Carleton. The ABC is at it again.

    Don’t we all now know from the upright Hon Scott Morrison that decent members of the Australian Armed Services would never – and did not – cause the burning of the hands of asylum seekers under their control. Nor was there any further ill-treatment of a later batch of unfortunates as claimed in ABC 7.30- Report of March 17. Servicemen told Scott – and he told us.

    Australian servicemen, according to Scott, are above such conduct and it is an insult to our nation’s Armed Services to think otherwise. Of this he is convinced because there are “Regulations” and a “Code of Conduct” which rules out the sort of behavior widely claimed by the victims.

    Isn’t there also not only a code of conduct but a criminal law to provide protection within the services against the gross ill-treatment and sexual violation of young men in the services’ playful initiation ceremonies or the sexual harassment, mistreatment, even rape of their female colleagues in the services.

    Recent years have seen, according to former Minister Steven Smith, more than 2,000 such incidents perpetrated by Mr Morrison’s upright servicemen. Almost without exception these have taken place on military establishments or vessels at sea with very senior military personnel close at hand. These offences have been committed against workmates and colleagues in the services.

    It ‘s surprising then that the same people become White Knights when operating among “enemies”, “Illegals” and “undesirables” virtually unsupervised on the high seas. Morrison said he had not bothered to question the alleged victims as they had “vested interests” in making their claims.

    In view of his “Code of Conduct” mightn’t the servicemen in question also have a vested interest in denial?

     

     

  • John Menadue. An enormous financial heist is underway.

    We saw the enormous power of the mining sector when the foreign-owned mining companies forced the Rudd government to ignominiously back down on its super profits tax. For less than $20 million in an advertising and public relations campaign the miners secured for themselves tax savings of over $60 billion. The public interest was surrendered to the mining lobby. Now the banking lobby is well on the way to pushing aside the public interest again.

    After a lengthy public enquiry and public discussion, the Gillard Government passed the Future of Financial Advice legislation (FOFA). That legislation was designed to legislate against the conflict of interest in the financial advising sector. The Coalition Government is now well down the track to restoring the privileged position that the financial advising sector held before FOFA. As Peter Martin in the SMH on 18 March put it ‘The government is removing the catch all requirement for financial advisers to act in the client’s best interest.’ The watering down of FOFA ‘will also re-allow sales commissions and other forms of conflicted remuneration where advice is general in nature.’

    This is a dramatic wind-back of FOFA. It is done in the name of ‘reducing red tape’ but it will ensure a bonanza for the financial advising industry which the previous government set out to curb. The so called “red tape” is often where the public interest is expressed.

    The growth of the Australian superannuation industry has become a honey pot which can now be more easily plundered. Last year the financial advisory industry pulled in funds of $21 billion from the super pool. With compulsory superannuation the super pool is growing rapidly. Last year it grew by $300 billion. Now Arthur Sinodinos, Assistant Treasurer and a former banker, is setting up the financial advising sector and the banks in particular to do even better in future.

    Under FOFA the Gillard Government made substantial changes.

    • Future commissions and other ‘conflicted’ payments were banned. (The Coalition will now allow commissions and allow conflicted payments on most products).
    • A legal obligation was placed on financial planners to act in the client’s best interest. (The Coalition will allow this legal obligation to be narrowed.)
    • A financial adviser who charges a continuing fee must obtain permission of the client every two years for the arrangement to continue. (The Coalition will remove this need for the client’s permission every two years.)
    • The client must receive an annual disclosure of fees. (The Coalition will limit this to new clients only.)

    The banks will be the major beneficiaries to these changes. They are finding the industry funds with their lower fees too competitive and bank profits and executive salaries clearly need boosting! Not surprisingly the bank public relations machines have been telling us every day in the media about the need to wind back FOFA and reduce red tape.

    As Daniel Brammall pointed out in this blog on February 25, there are 18,000 financial planners in Australia and four out of five of these are owned by a bank or an insurance company. He said ‘The big end of town … has influenced the new government to the extent that the issue of conflicts has been quietly brushed under the carpet. Last week the Assistant Treasurer said “The current ban on conflicted remuneration captures a far wider range of circumstances than was originally intended and has resulted in significant compliance costs for industry. Here’s the point … many thousands of Australians collectively lost hundreds of millions of dollars – some of them their life savings – in collapses like Westpoint. Conflicts of interest were primarily behind it and the intention of FOFA was to avoid this ever happening again. However, the new government is dismantling the reforms because industry has convinced it that they cost too much. In doing so, industry has successfully transferred the cost to the consumer because without reforms that squarely address conflicts of interest, Westpoint will most certainly happen again.’

    FOFA was designed to legislate against conflicts of interest in an industry riddled with conflict. FOFA is now being unwound.

    It is reported that the government is planning to unwind FOFA by regulation rather than by legislation. It is suggested that the new regulations will be put to the Governor General and Executive Council on March 28, the day after parliament rises for a six weeks break. This means that parliament would not be able to disallow the regulations for at least six weeks.

    This is a deplorable story of rent-seeking by lazy, but powerful vested interests. What a shoddy performance it has become. This heist may turn out to be even bigger than the miners’ heist a few years ago.

    Public life and the public interest are being corrupted by the power of vested interests with their lobbying power. As Ross Garnaut puts it, this power has become a “diabolical problem”. One after another these powerful interests are corrupting public debate and putting their snouts deeply into the public trough… the gaming industry, the alcohol and hotel industries the polluters and the miners. The finance lobby now looks likely to become the most powerful and dangerous of all

  • Azita Bokan. The tragedy on Manus – an eye-witness account.

    Azita Bokan was on Manus Island as an official Iranian interpreter during the recent violent clashes. What follows is an edited version of her interview by Richard Glover on ABC Radio Sydney on 21 February 2014.

    I came to Australia some 27 years ago and am a proud Australian.  My father was a writer and had a newspaper of his own. He was imprisoned in Iran as a political prisoner for his anti-government views. I escaped Iran and was forced to wait three and a half years in Turkey for my turn to migrate to Australia. At the time Turkey was unsafe and dangerous, rife with smugglers, drug dealers and organised prostitution but I had to wait there alone as a little child without a family. I was very grateful to Australia for rescuing me as a refugee which was why I recently enlisted to assist the Department of Immigration in its efforts to protect Australia’s borders.

    I was previously in Nauru and it is bad, but the situation on Manus is simply horrendous – the heat, the physical conditions, the malnutrition [mostly raw red meat without any vegetables] leading to diseases of many different kinds, and so much more. Oral hygiene is almost completely absent and what dental treatment is available results not in remedial attention but in the detainees having their teeth pulled out without anaesthetic. Most upsetting of all is the absence of anything for the inmates to do day after day and the fact that they mostly sit in dirt looking out to the surrounding fences, which have resulted in personal suffering with deep mental conditions which I can only describe as psychological numbness. When I became aware of this situation, my immediate reaction was that I would prefer to be dead than to live in a camp like this for a day.

    Until the recent troubles, I saw and heard no unruliness or misbehaviour still less violence on the part of the detainees. In fact I could not believe their calm patience, waiting seemingly for better days to come. They told me that they had been warned by departmental officials that if they misbehaved in any way or that something goes on their files suggesting that they were or might be troublemakers, their cases would not be processed and they would not be allowed access to lawyers.

    Then on the Sunday morning, with all of them holding onto the hope that they would one day get out of that hell, they were told by departmental officials that they will never see Australia, that no third country was volunteering to take them, and that because if its awful economic situation PNG would never be able to assist them.

    Despite the fact that most of the Iranians were well educated and their leader was a PhD who was against any protest or uprising, that news became a catalyst for the first real reaction among the inmates. Two guys climbed a fence even though there are many fences, each one further away than the others, and absolutely no chance of escape. The men had no weapons so they threw fruit at the guards, mostly peaches. The response of the guards was to use rocks and metal legs of dismantled tables destined for junking to attack the detainees. Some of the detainees may have thrown back the same rocks at the guards.

    On the Monday morning, we interpreters were told that there was no work for us as no lawyers were being allowed to enter and only the medical team was being admitted. After some delay, some of us were in fact allowed in to assist the medical team and from a distance of 6 or 7 metres, I saw one detainee pushing another guy in a wheelchair. The wheelchair guy was “brain dead” – his mouth was distorted, one arm was hanging down and he could not pull it back up. One of the guards called out to the man pushing the wheelchair – “Get out, get out!!!” The guy pushing the wheelchair held tight to the wheelchair and refused to let go. In very broken English, which I did my best to translate, he said that the guards had killed his mate the previous night and he did not trust them with the wheelchair man. He said he was going to stay with him in the medical room to wait for his turn with the doctor.

    Because of my efforts to interpret, the guards turned on me and accused me of interference and of sticking up for the detainee. This was nonsense as all I was doing was interpreting what he was trying to say. The man said to me that he feared the guards would kill the wheelchair guy if he left him. I offered to the guards that I would push the wheelchair or that they could get someone from the medical team to do so. There were many guards there at the time and one or more of them pushed me away and jumped on the guy pushing the chair. He was strong and would not let go of the wheelchair until 7 of the guards threw him to the ground and held him down. I pleaded with the guards to stop the violence but they and others in the pay of the Government turned against me.

    When my attention was again drawn to the guy in the wheelchair, I could see there was blood all over him. There was a needle in his arm as if for a drip but his arm was bleeding and there was no drip attached to it. No nurse would have done something like that. His head was injured, he had no eye movement and his mouth was hanging to one side. He was just hanging like a piece of meat. Any human being would want to help a person in that state.

    I remonstrated with the guards. I said that you cannot do this to people to whom you owe a duty of care. These people paid everything they had to a people smuggler, they put their lives on the line coming through a difficult journey. Many of them lost loved ones on the way yet they somehow got to Australia. Now you shift them to the most dangerous place in the world away from the media and from the eyes of good hearted Australians. I cannot believe that Australians support what you are doing to these people. You are killing them.

    This outburst had me escorted out and treated worse than a criminal. I knew I would lose my job but I refused to let them do such awful things in silence in the name of Australia so that people elsewhere can think of Australians as a violent people intent on killing innocents.

    While I was sitting in the interpreters’ room waiting to be deported myself, I heard the sound of shooting and a lot of noise and disturbance. So I went up on the roof where I saw some horrendous things. There were many people badly injured. I saw one man who had no brain, and nothing on his neck. His skull was crushed. Another man had his throat cut and a doctor was trying to push a tube through the hole in his neck but there was too much blood coming out. He could not find the man’s lung to get the fluid out while telling someone else to pump air in. I actually heard the doctor say that he was very tired after three days of constant work. I come from a country that went through a violent revolution. I have been through a war. But I have never seen anything like this. It was barbaric.

    I am for stopping the boats and the people trafficking but I want Manus and Nauru closed and the people treated properly. Australian taxpayers are paying a fortune to the Governments of Nauru and PNG to have these terrible camps in their countries. People who cannot pay their mortgages are funding these other Governments for this sinful activity. Bring them to Darwin or other places on the Australian mainland where we have ample facilities to house them. Those who are found not to be refugees should be sent back to their homes. But those who are genuine refugees should be introduced gently to the Australian way of life and culture and then into the community.

    The politicians do not like to admit they are wrong but they have made the wrong decisions here. I appeal to them – please be honest with yourselves. You have children and families. What would you do if your brother’s throat was cut? What if your children were starving, without water or showers, and standing in 50 degree heat? What if they are dehydrated, have diarrhoea vomit every day? Where are your consciences?

     

     

  • John Menadue. Gina Rinehart and the age of entitlement.

    It is a bit rich for Gina Rinehart, with the enormous privileges she has inherited, to be telling us that we all need to work harder, cut taxes and curb wasteful government spending. Born on third base, as baseball enthusiasts would understand, does give a very jaundiced view of yourself and others.

    There is a quite dishonest campaign being run about the need to cut spending and reduce taxes. It looks as if we are being softened up to help the “deserving rich”.

    The facts are clear however that Australian taxes are very low by world standards. At 28% of GDP our taxes are well below the OECD average of 34% of GDP and much lower than the taxes in some northern European countries that have very successful economies and where taxes reach about 45% of GDP.

    It is our tax system that needs attention as Ken Henry keeps reminding us, including could I suggest a stiff inheritance tax that would bring some people back at least to second base!

    One of the reasons why we have such lower tax revenue is because of ‘tax expenditures’ as economists call them. These “tax expenditures” cost our tax revenue $115 billion in 2012-13. “Tax expenditures” are government revenue foregone as the result of differential or preferential deductions and treatment of particular sectors and taxpayers. Deductions for superannuation are the most blatant of these rip offs. Ross Gittins calls those that benefit so much the “super fat cats.”

    In a working paper in January this year the IMF showed that Australia has one of the highest “tax expenditures” in the world. . We topped the list of 16 countries with “tax expenditures” as a percentage of GDP at 8.5%. For big spenders like Italy, it was 8%; for the US  7.5%; UK 6%; France 4%; Canada 2%; Germany 1% and South Korea 1%.

    The Australian Parliamentary Library in its report on January 28 this year was headed “Australia tops the charts in tax deductions”

    In Australia the “tax expenditures” that put us at the top of world ranking are in key areas  that benefit high income earners — superannuation, retirement incomes, health insurance, capital gains on short-term investment, housing (both owner occupied and investment), family trusts and the absence of inheritance taxes. These generous concessions have been designed to preserve the incomes of the wealthy and the middle class which both political parties have tried to keep onside. Such concessions have also favoured older Australians, to the disadvantage of the young, who have faced increases in university fees and more expensive housing and have been cajoled into private health insurance to pay for the healthcare of the aged.

    The IMF Working Paper highlighted the problems that high levels of “tax expenditures” cause.

    • They compromise fairness. The report says ‘Tax expenditures can be a poor way of pursuing equity objectives in a progressive tax system. For instance any policy that reduces taxable income will benefit most those in the highest marginal tax bracket and convey no benefit to those out of the tax system.’ It is surely unfair and unsustainable that if we are over 60 and regardless of the level of our income, we do not have to pay any tax on our superannuation income.
    • They can be inefficient and poorly targeted. ‘ … the current deduction of mortgage interest for instance may encourage leveraged housing finance’.
    • They are vulnerable to lobbying. ‘Special interest groups may find it easier to argue for tax breaks than for explicit spending support. Tax expenditures often bypass the scrutiny according to spending in the regular budget. … This lack of transparency may explain some of the appeal they hold …

    In short, “tax expenditures” are unfair, inefficient and provide wonderful opportunities for rent seekers like the superannuation and the private health insurance industries in Australia to secretly lobby for concessions.

    If we reduced these tax expenditures by 50% we would be well on the way to meeting the $60 billion long-term structural budget deficit that we face.

    The problem is not in our spending or support for persons with handicaps or low incomes. The problem is in our taxes and particularly the system of “tax expenditures” that benefits the wealthy. But we don’t want to know about it. We complain about electricity prices and the carbon tax but they are small beer compared with the enormous rip offs by the wealthy in superannuation and aged pensions.

    The previous government made a few changes like means-testing the private health insurance rebate but it ignored the general thrust of the Henry Report for tax reform.

    Gina Rinehart and the deserving rich want to defend and expand middle-class concessions like “tax expenditures”. It is galling that people born on third base think that everyone else is wasteful and lazy.

     

     

  • Fran Baum & Paul Laris. Beware of the crocodiles, they will keep you out of the garden!

    We interviewed  20 former Australian Federal and State and Territory health ministers about the extent to which they were able to focus on promoting health, health equity and social determinants of health during their tenure. Social determinants of health are the conditions of everyday life (income, housing, food availability, employment, education) and the structural factors that shape those conditions (distribution of wealth, taxation levels, extent of political empowerment) that combine to determine health outcomes and their distribution. Evidence from the Commission on the Social Determinants of Health showed that action on the social determinants are vital to achieving equitable health outcomes.

    One health minister told us of a public servant who advised: ‘Health has two components to it. There’s health services, which is like a swamp full of crocodiles, and public health which is like a very pleasant garden’. The public servant noted that most ministers try and spend as much time ‘in the garden’ as possible but warned the minster to “make sure there’s a fence around the swamp and the crocodiles can’t get out first”.  From our interviews it was clear that nothing detracts more from a focus on social determinants than hospitals demanding ever more resources and ensuring they get on the  front pages. The strategies our ministers reported included “divide and rule”, for instance make allies with GPs at the expense of other groups of doctor  and having a very well-articulated, evidence-based policy framework to “divert money away from this monster of hospital based critical care”.

    Part of the process of fencing in the crocodiles was trying to shift the system towards primary health care, which as one minister said is “the only way to ameliorate the galloping demands and costs of the acute health care system”. Health ministers who had achieved a shift in health care resources in the direction of equity frequently reported it as a politically difficult move, given the competing, often emotive, calls for funding for the acute care sector. The good news is that when they did make a shift in the direction of primary health care they reported it as a legacy of which they were proud.

    Our interviews were with health ministers who held office between 1988 and 2010.  In the current health policy context even fewer few health minsters appear able to fence in the crocodiles. In South Australia we have seen very significant reductions in spending on our community health services, all done under the guise of a health funding crisis. Yet last year the salaried doctors received 9% pay increases, which seems to be a case of the crocodiles running the show! It will be interesting to monitor what happens in Queensland where Minister Springborg appears to be trying to fence in his crocodiles by introducing more stringent contracts, despite threats from the doctors about mass resignations unless Springborg backs down.

    Our study showed that only really brave health ministers are able to stare down vested interests sufficiently to make changes that are likely to increase health equity and bring about action on the social determinants of health. One of the most important things that might drive this action is a strong commitment to social justice and redistribution and a rejection of the current commitment to market fundamentalism as the bible which drives policy decisions. It is tempting to speculate that the influence of  content- free managerialism has joined with careerism amongst politicians  to reduce the likelihood of any effective ministerial commitment to equity.   A number of the ministers we spoke to felt that a spirit of redistribution had been more event in the 1970s and 1980s before the religion of neo-liberalism occupied the state. The introduction of Medicare was possible because it was linked to the Accord between the government, unions and business.

    If we are to see health ministers in the future who are driven to pursue health policy aimed at achieving health equity then they are going to have to stand up to some very powerful ideologies and players. These include the organised medical profession, those pushing market fundamentalism as a basis for organising society and a powerful medical-industrial complex that lobbies for privatisation of health services. With such pressures it becomes easier to see why the compelling evidence on the social determinants of health equity quite rarely translates into enacted policy.

     

    Reference

    Baum, F. Laris, P. Fisher,M. Newman, L. MacDougall C.  (2014) Dear Health Minister:  tend the garden but make sure you fence the crocodiles. Journal Epidemiology and Community Health Published 2 January 2014,  doi:10.1136/jech-2013-203040 http://jech.bmj.com/content/early/2014/01/02/jech-2013-203040.abstract.html?papetoc

    Fran Baum is the Matthew Flinders Distinguished Professor of Public Health and Director Southgate Institute for Health,Society and Equity, Flinders University. Paul Laris is Member Medical Board of Australia and adjunct researcher Southgate Institute for Health, Society & Equity, Flinders University.

     

     

  • Walter Hamilton. Calling a spade a spade in Ukraine.

    Ukraine, the U.N., the European Union and the U.S. have nine days in which to influence the tide of events in Crimea or witness the second (after the excision from Georgia of South Ossetia and Abkhazia in 2008) expansion of Russia’s military and political control beyond its post-Soviet borders. Nine days. That’s how long the Sochi Paralympics will run – during which the prestige-conscious Vladimir Putin is unlikely to declare ‘Full Ahead’.

    Everything about the Russian takeover in Crimea suggests a carefully planned, long-term strategy. The concoction of excuses being offered by the Kremlin, the disinformation about ‘fascist threats’ to Russian-speakers and Jews, comes straight from the old KGB playbook. It is utter nonsense to suggest the special forces being used in Crimea were briefed, equipped and deployed in response to an appeal for help from ousted Ukrainian president Yanukovych contained in that piece of paper produced days after the troops were on the ground. An operation like this, requiring the coordination of many external and internal elements, had to have been in the making for weeks, if not months. The reason Russia refused last month to sign the negotiated political settlement in Kiev becomes apparent: Putin had another solution in mind.

    Sitting in Sydney, thousands of kilometres from Simferopol, never having visited that part of the world, I am little qualified to comment on the events unfolding there, I admit. But I have read enough history and heard enough of Putin lamenting the ‘disastrous’ break up of the old Soviet Union to sense that Crimea satisfies more than a passing ambition for the Russian leader. Some more knowledgeable observers believe he is acting out of a need to distract attention from weaknesses in his own country’s economy and social cohesion; that what we are witnessing is opportunistic adventurism. While adventurists are not necessarily less dangerous than methodical imperialists, the implication of their analysis, that Putin is riding the tiger’s tail, smacks to me of wishful thinking. And, anyway, successful adventurism often proves habit forming, and domestic problems, and the opposition movements that in normal circumstances coalesce around them, tend to melt away when the cause of ‘national survival’ is invoked.

    The Internet offers us a bewildering array of information, commentary and analysis on the crisis. What I did not know about the history of Ukraine, up until a few days ago, was a lot; for many people, I imagine, it has been a quick swot. Yes, Ukraine has been an independent country for only a short time. Yes, it is divided along religious, ethnic and linguistic lines. Yes, Crimea occupies a special place in the survival story of the Russian people. Yes, Nikita Khrushchev may have been tipsy when he ceded Crimea to the Ukrainian Soviet Socialist Republic in 1954. But, so what? An invasion is an invasion, and no hastily organised referendum conducted under the guns of an occupying power can be considered a legitimate act of self-determination (first run a Russian flag above the parliament building, then ask the people whether they want to be part of Russia––an order of events reminiscent of the Nazi’s Lebensraum program). The use of thugs and militias to intimidate and threaten opponents––a further tool in the Kremlin’s kitbag, as we are seeing––is the present reality, and no amount of gesturing to former historical realities can cancel out what is happening on the ground today.

    Very few Europeans would welcome a return to the Cold War. Fewer still want a ‘hot’ war over Crimea. I suspect most governments would be satisfied if Putin stops there and does not extend his annexation to include eastern Ukraine. If so, there will be a touch of ‘Munich’ about the collective sigh of relief. (A Mark Twain quote is being used a lot lately: ‘History does not repeat itself, but it does rhyme.’) The planned economic and political sanctions are unlikely to have a deep or lasting effect. They’re already being be cited by the Kremlin as evidence of Western hypocrisy and anti-Russian animus; any chinks in the solidarity of the sanctioning states will be ruthlessly exploited.

    All nations bordering Russia, meanwhile, have been put on notice, especially those with significant Russian-speaking populations. Over the past 25 years, efforts have been made to draw Russia into the European sphere––under Putin now the tide is ebbing. The ancient contested ground of Central Europe faces increasing pressure to re-align national interests with Russian interests. The levers for this pressure from the east will include the threatened withdrawal of energy supplies, ‘nationalist’ agitation from within the Russian diaspora and blatant military power. There will be sweeteners, too, such as soft loans and trade privileges. All will be played out amid a geopolitical conversation about growing American irrelevance and impotency (see: Syria, Iraq, Afghanistan, Vietnam). Such is the worst-case scenario.

    A best-case scenario might be something like this: the withholding of international recognition for a Russian-annexed Crimea (the example of Burma-Myanmar is instructive about what can be achieved through a lasting international resolve); a policy of engagement with Russia based on strict reciprocity (starting with strategic trade goods) that stays Putin’s hand from turning off the gas pipelines running west; immediate material support for open and fair elections in Ukraine, with sufficient independent observers on the ground to validate the process; and encouragement for a more inclusive political culture, which might assuage Russian concerns about creeping NATO-ism. A failed and bankrupt state in Ukraine would, after all, be a more immediate threat to Russia than any member of the European Union. It could be smarter for Russia to let the E.U. and its partners pick up the tab. Now that could be the starting point for a real conversation with the Kremlin.

    Walter Hamilton reported on international affairs for the ABC for 13 years.

  • John Menadue. The lesser royals are on the move again.

    Prince William, his wife Kate and son George are to visit Australia next month. What joy awaits us. The weather should be good for a holiday and adulation from Tony Abbott and his monarchist friends.

    Seeing such a visit, the leaders in our region will again scratch their heads. In this ‘Asian Century’ why is Australia inviting a British royal to a country that says that its future is in Asia. The visit may give a short-term lift to tourism, but it will again put us on the wrong side of history.

    The royal entourage will visit Sydney, Melbourne, Brisbane and Canberra plus Uluru and the Blue Mountains. The all-up cost, based on previous royal tours, will be about $2 million, another dent in Joe Hockey’s plans to reduce our budget deficit.

    A visit by a lesser royal reminds me of Gough Whitlam’s comments to Queen Elizabeth at a Commonwealth Heads of Government Meeting in Jamaica in 1974. He had been concerned for some time about the lesser royals ingratiating themselves with state premiers to have an expenses free trip to Australia. Inevitably Gough Whitlam would receive a letter from Sir Jo Bjelke-Peterson or Sir Charles Court that it would be nice if a member of the extended royal family could visit Australia. Gough Whitlam was faced with the political problem of being seen publicly to be unfriendly to the royals. So he was cornered and the visit by the lesser royals went ahead.

    But at CHOGM in 1974, Gough Whitlam told the Queen that she and Prince Phillip were welcome – but could she please discourage other members of the family ingratiating themselves with state premiers to get a visit to Australia.

    So I was not surprised when the Queen told Australian officials on board Britannia at a reception ‘Your Prime Minister was very kind to Phillip and me. But he was a bit rude to the rest of my family.’  Importantly the message had been conveyed and she understood. She is a smart person. If only her children and grandchildren were half as smart.

    In Japan in 1979 I had the privilege of calling on Shigeo Nagano to tell him that the Fraser Government wanted to confer on him an honorary award of Companion in the Order of Australia. Shigeo Nagano had been a major contributor to the development of trade and particularly minerals trade between Australia and Japan. He had been Chairman of Nippon Steel and in 1979 was Chair of Japan’s Chamber of Commerce. He was a very nice man.

    After I described the award and its significance, the first question Nagano san asked me was ‘When can I go to London to receive the award from the Queen’. I had to let him down gently and explain that it was an Australian award and it could be presented to him either in Japan by me or he could go to Australia and receive it from the Governor General. He chose the former and a reception was held later in Tokyo for the investiture together with many of his business colleagues.

    It was just another illustration of the confusion in our region that comes from our quaint association with the British royal family.

    When will we mature and become an independent country with our own Head of State. We can do with fewer visits from lesser royals or any royals for that matter.

  • John Menadue. Conservatives, conventions and traditions.

    Conservatives extoll the importance of conventions, traditions, and respect for established institutions. But it seems to be only when it suits them.

    They lecture us and others about democracy, free elections, the separation of powers and the independence of the judiciary. Colloquially they sum it up ‘If it is not broken, don’t try to fix it’.

    There is an important convention on Cabinet papers. But the Abbott Government has decided breach that convention and hand over Cabinet papers concerning pink batts to a Royal Commission examining that issue. This is despite the clear Westminster convention as set out in my blog of February 10. The Cabinet Handbook is quite explicit.

    ‘The convention is that Cabinet documents are confidential to the government that created them and not the property of the sponsoring minister or department. Access to them by succeeding governments is not granted without the approval of the current parliamentary leader of the appropriate political party.’ (PM & C website – Cabinet Handbook, paras 17 to 19).

    It is clear that the Abbott Government has wilfully breached this long-held convention. The Prime Minister presumably instructed the Secretary of the Department of Prime Minister and Cabinet who has official responsibility in this matter, to hand over the Cabinet documents relating to pink batts to the Attorney General’s Department. This department then handed them to the Australian Government Solicitor. A PM&C official told the Legal and Constitutional Affairs Committee of the Senate on Monday February 24 “Documents were provided by the Department of the Prime Minister and Cabinet to Attorney General’s Department, who is co-ordinating compliance, in conjunction with the Australian Government Solicitor on the 31st [of January].’  PM & C cannot absolve itself of its responsibilities in this matter by passing the buck to the Attorney General’s Department or the Australian Government Solicitor.

    I have not seen any suggestion that Bill Shorten has agreed  to this handover as the Convention requires.

    Vilification of the ALP has not been enough for the Abbott Government in pursuing the pink batts issue. It has torn up a long-standing Westminster convention that Cabinet documents are the property of the government of the time.

    There are sound reasons for this Cabinet convention. Cabinet ministers should in confidence be able without fear or favour to discuss and decide important public issues. That is why the Cabinet convention stipulates that Cabinet documents are not to be released for 20 or 30 years.. Well-tried and valuable conventions should not be set aside for political point-scoring. Only in exceptional circumstances should conventions be set aside. This is not an exceptional circumstance.

    Our Westminster conventions are being breached by Conservatives who give lip service to our institutions, conventions and traditions but act quite differently.

    Malcolm Fraser broke the Westminster convention that was fought over for centuries in England that governments are made and broken only in the lower house, the people’s house.

    During the loans crisis, Sir Garfield Barwick, our Chief Justice, broke the convention of the separation of powers by briefing and politically fortifying John Kerr.

    We have also now recently learnt that High Court Judge Mason had clandestine meetings with John Kerr to support him in the dismissal of the Whitlam Government. He trashed the convention of the independence of the judiciary.

    Now Tony Abbott has trashed the convention of the confidentiality of Cabinet documents. This is no trivial matter.

    I hope the ALP can avoid the temptation of pay-back when it is next in government. There is a lot at stake.

     

  • National Council of Priests – Choosing a successor to Cardinal Pell – a pastor or a prince.

    In late February the National Council of Priests met with the Catholic Bishops Commission for Church Ministry. This is an annual dialogue. Fr Ian McGinnity who is the President of the National Council of Priests sent to his colleagues a record of the issues that were raised with the Bishops. The issues raised referred generally to the selection of bishops and archbishops. It has particular relevance to the process which will now be put in  motion for the appointment of a successor to Cardinal Pell. In its conversation with the Bishops, the National Council of Priests refers to comments by Pope Francis about the qualities he was looking for in bishops. The Council also described the issues which the Council believes should be followed in the appointment of bishops and archbishops.  John Menadue

    Episcopal appointments

    Ian McGinnity

    Since we last met two momentous events have occurred in the life of the universal Church. Firstly, the reigning Pope retired for reasons of age and health (only two other Pope’s have resigned from their post in the history of the Church, the first being St Celestine V in 1294; the last was Gregory XII, in 1415) sending a significant message to all involved in Church leadership that it was possible and also desirable to do so for the good of the Church.

    Secondly, we saw the election of a new Bishop of Rome, Francis, who has introduced a very different style of leadership in the universal Church which has given new hope and encouragement to many. Pope Francis has modelled and encouraged leaders at all levels in the Church to return to a more simple and Gospel aligned style of life.

    At the Holy Thursday Chrism Mass in Rome, Pope Francis delivered an appeal to priests to live simply, close to the needy and the suffering poor, instead of worrying about careers as “church managers”. He also said those who do not live in humility close to the people risk becoming “collectors of antiques or novelties instead of being shepherds living with the smell of the sheep”.

    On June 21 during a meeting with Nuncios and apostolic delegates he outlined the characteristics he wanted to see in candidates to serve as Bishops. He said he wanted “pastors who are close to their people, fathers and brothers, who are meek, patient and merciful, who love interior poverty and live that externally with a simple lifestyle and won’t have the mindset of a prince.”

    Candidates must be real pastors and shepherds “sustaining with love and patience the plans that God is working within his people. One who is wed to his diocese, the spouse of one church who is not constantly  seeking another.” He also stated “beware of those who are ambitious, who seek the episcopacy.”

    These criteria are challenging for all who assume this office. There is no doubt the selection process is difficult with fewer candidates and more onerous responsibilities. However a few issues still need to be faced.

    • The extraordinary length of time it takes to appoint a new Bishop, particularly in smaller dioceses.
    • The unfair expectation on elderly bishops to continue in office past the age of 75.
    • The movement of bishops between dioceses and archdioceses.
    • The lack of consultation of different groups (including the smelly sheep) in the selectionprocess.
    • The imposition of bishops with little past experience and smell of the sheep.We are aware that you have a major consultative role in the appointment of your brother bishops in conjunction with the Nuncio and the Congregation for Bishops.

      We respectfully suggest that you as a group express your hope that this process of selection will improve for the good of the people and priests.

      People rightly expect a more professional process for the selection of leaders the 21st Century.