Tag: Human Rights

  • Frank Brennan SJ. ‘Amplifying That Still Small Voice’. Book Launch.

    ‘Amplifying That Still Small Voice’
    A collection of essays by Frank Brennan SJ
    Book Launch.

    Dates and times of the 2015 Book launches of Fr Frank Brennan’s latest book, ‘Amplifying That Still, Small Voice’:

    1. Tuesday 2 June North Sydney Catholic Parish Hall, 7.30 pm.

    2. Wednesday 3 June Hobart Town Hall, 6.15 pm.

    3. Friday 5 June, Newman College, Melbourne, 5.00 pm.

    4.Monday 8 June, Australian Centre for Christianity and Culture, Canberra, 7.30 pm.

    5.Thursday 11 June, Brisbane, Toowong Parish , 7.30 pm.

    6.Friday 19 June, Adelaide, St Ignatius Norwood, 7.30 pm.

    Frank Brennan has been a long time advocate for human rights and social justice in Australia. This collection of essays brings together some of his major addresses and writings on justice in the Catholic Church and in Australian society. Placing the individual’s formed and informed conscience as the centre piece in any work for justice, he surveys recent developments in the Catholic Church including the handling of child sexual abuse claims and the uplifting effect of the papacy of Francis, the first Jesuit pope. He then applies Catholic social teaching and the jurisprudence of human rights to contested issues like the separation of powers and the right of religious freedom, and to the claims of diverse groups including Aborigines, asylum seekers, the dying, and same sex couples. At every step, he is there in the public square amplifying that still, small voice of conscience, especially the voice of those who are marginalised.

    Frank Brennan is a Jesuit priest, professor of law at the Australian Catholic University, and adjunct professor at the Australian Centre for Christianity and Culture, as well as the College of Law and the National Centre for Indigenous Studies at the Australian National University. In 2014-5, he was Gasson Professor at Boston College Law School. He has written a number of books on indigenous issues and civil liberties. His most recent books are Acting on Conscience (University of Queensland Press, 2007), which looks at the place of religion in Australian politics and law and No Small Change (University of Queensland Press, 2015) which puts the case for indigenous recognition in the Australian Constitution. He contributed to Social Justice and the Churches: Challenges and Responsibilities (ATF Theology, 2014). In 2009, he chaired the National Human Rights Consultation. He is an Officer of the Order of Australia (AO) for services to Aboriginal Australians, particularly as an advocate in the areas of law, social justice and reconciliation. Labelled ‘the meddling priest’ by Paul Keating and ‘an ethical burr in the nation’s saddle’ by Kevin Rudd, the National Trust has classified him a Living National Treasure.

     

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  • Peter Day. It’s hard being a Catholic today.

    The gut-wrenching  accounts coming out of Ballarat this past couple of  weeks are enough to bring a man to his knees: stories of young people crippled by sexual abuse; stories of utter betrayal; stories we would rather not hear – stories we must hear.

    It is hard being a Catholic today.

    It is hard being a Catholic priest today.

    Our collective shame is deep, for some, even overwhelming, because good people are being condemned by association. But we must not fall prey to self-pity because as hard as it is for us, we are not nearly as innocent, or as damaged, as the children who are only now being given a voice.

    It is a time to listen to them;

    It is a time to be overwhelmed for them;

    It is a time to seek the truth with them.  

    Amid the carnage, it behoves us all in the church to be agents of change: to ensure that Christ’s exhortation to ‘wash feet’ is not left marginalised, but is embraced as a central and non-negotiable quality in our church leaders. 

    When all is said and done, it is better for a man, for a church, to roam the streets destitute, foraging for the bread of truth; than to roam the corridors of power feasting on privileges and food that does not last. For ours is a profound responsibility: to humbly and gently walk alongside others, especially the most vulnerable, no matter the cost.

    Peter Day is a Catholic Priest in Canberra.

  • James Hogan. An Unspeakable Wrongness

    And so, it has come to pass. With a dreadful inevitability, Indonesian Law has taken its course, and the sentences passed so long ago on Andrew Chan and Myuran Sukumaran have been carried into execution. Some will wonder at our capacity to mourn these men and their fellows when we struggle to find compassion for other, more ‘deserving’ victims.  Others will take an even harder line, noting with approval the completion of a ‘fine evening’s work’, a message sent regardless of the tariff.   Yet if recent months have shown us anything, it is the  growing recognition in our community that Death has had its day, and that the time has come to take a stand for life, whatever the chances of success.

    How else can one explain the extraordinary efforts of Reprieve and the Mercy Campaign, of the Foreign Minister and her shadow, of parliamentarians from the Prime Minister down, of the Christian and Islamic leaders of Sydney? How about the tens of thousands of ordinary Australians who have attended vigils and signed petitions? Or the famous actor, tweeting quietly and with simple courtesy to the President, using whatever influence he could muster to try to make a difference?

    There have been stumbles, well-meaning but ham-fisted interventions from private citizens and holders of the highest office, words almost instantly regretted and far, far better left unsaid. These have been the exception: the rule has been cautious and respectful, allowing every opportunity for reflection and dialogue, cognizant of our own vulnerabilities – understanding, perhaps, that some games can be played only by a Great Power.

    Yet no matter how persuasive the argument, how profound the transformation in the inmate, how careful the observance of protocol, it all still ended in tragedy.

    Tragedy comes in many forms, but here it arises with surety from the act itself – the slow, methodical and deliberate taking of a healthy life, removing all promise, all hope, any skerrick of doubt that might remain about a future. Too often we focus on worthiness in the inmate instead of its absence in a system that can take a life with such calmness and professionalism.  Too often we seem concerned with method, with structure and technicalities: the feigned concern for suffering, the relative merits of one mechanism over another, the comical focus on the inmate’s dignity during his final hours.

    Such dignity as he is able to retain comes only from within, bound up with life and humanity, taken only at the last. Dignity might be stifled by procedure, but dignity isn’t in its gift. More than three quarters of a century have passed since George Orwell wrote of the scene in a Burmese prison yard as his party escorted a Hindu man to the gallows. The prose is clipped, almost official, telling of a moustache beyond proportion, an unexpected visitor, and a bumbling jailer, so inept that he could fail to organise a hanging on time. And then, the condemned man, firmly restrained by his escort, pushes momentarily against their grasp to avoid a puddle of water:

    It is curious, but till that moment I had never realized what it means to
    destroy a healthy, conscious man. When I saw the prisoner step aside to
    avoid the puddle, I saw the mystery, the unspeakable wrongness, of
    cutting a life short when it is in full tide. This man was not dying; he
    was alive just as we were alive. All the organs of his body were working
    – bowels digesting food, skin renewing itself, nails growing, tissues
    forming – all toiling away in solemn foolery. His nails would still be
    growing when he stood on the drop, when he was falling through the air
    with a tenth of a second to live. His eyes saw the yellow gravel and the
    grey walls, and his brain still remembered, foresaw, reasoned – reasoned
    even about puddles. He and we were a party of men walking together,
    seeing, hearing, feeling, understanding the same world; and in two
    minutes, with a sudden snap, one of us would be gone – one mind less, one
    world less. 

    Death, you see, is different. The  issue lies not in the machinery, the crimes of the prisoner, nor even in the repugnant camouflage adopted by the authorities to distance themselves from the act  – the fiction of a blank cartridge, the executioner’s mask, the lethal injection machine that uses a random number generator to choose between two button-pushing executioners  (no, I’m not kidding). The issue lies only in the pointless termination of a life, a life that cannot be held to be of lesser value than our own without that too being diminished, and one day disappearing altogether from view.

    That is why we must continue to speak up, that is why we must petition and appeal when a rational mind says the actions are futile or some say that the inmate doesn’t deserve to be saved. That is why we must celebrate those who have fought so long and hard in what has become a losing battle. Each time we sit back, each time we remain silent, the tide of human dignity ebbs subtly further from the shore, and the value of our lives ebbs with it.

     

    James M. Hogan is a Brisbane academic. These are his own views.  In an earlier life he was heavily involved in anti – death penalty work with Amnesty, and he has written many (unsuccessful) appeals for clemency.

    [Orwell’s famous essay, should you wish to link to it, may be found here:

    http://www.george-orwell.org/A_Hanging/0.html  ]

     

  • Judith Crispin. Anzac day, the Armenian Genocide and destruction of cultural heritage in the Caucasus.

    “Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.”

    Raphael Lemkin, Axis Rule in Occupied Europe: Laws of Occupation – Analysis of Government – Proposals for Redress (1944)

    As we prepare to commemorate one hundred years since Australian forces landed at Anzac Cove, we might spare a thought for the victims of the Armenian genocide.

    Causal connections between the April 25 Gallipoli landings and the order by the Ottoman Minister of the Interior on April 24 to round up and execute Armenian intellectuals, do not feature in our Government-curated Anzac narrative. To our shame, Australia is not among the twenty-two nations that formally recognise Turkey’s massacre of 1.5 million Armenians as genocide.

    One may wonder why it should matter if Australia continues to exclude the Armenian Genocide from its national story. But there are three good reasons to bring this particular genocide into public discourse and our Anzac commemorations.

    Firstly, genocides are not simply crimes against a specific people, they are crimes against all humanity, and participating in their denial shames us as a nation. Common decency compels us to stand beside the Armenians on April 24 to denounce their historical genocide, as, indeed, we should denounce all genocides. This is my first and most important reason for urging Australia to recognise the Armenian Genocide.

    But it is also worth noting that by continuing to deny the 1915 genocide, we miss out on an opportunity to honour Australia’s extraordinary humanitarian response to that event. Captured Australian servicemen held by the Ottomans in Turkey were unwilling eyewitnesses to the Armenian, Greek and Assyrian genocides. They essentially blew the whistle on Ottoman atrocities in the region.

    Captain Thomas Walter White of the Australian Flying Corps, for example, reported mass Armenian graves in northern Mesopotamia and western Turkey. In the Jordan valley, Australian soldiers rescued Armenian refugees and a famously recounted story tells of Colonel Arthur Mills carrying a sleeping four-year-old Armenian girl to safety on his camel.

    During the war, atrocities against Armenians were reported by Australian newspapers. Returning Australian soldiers, many of whom had assisted Armenian refugees in Turkey, joined the civilian Armenian relief fund. This grassroots movement raised millions in relief funds for the Armenian cause, and remains the largest humanitarian effort in Australian history.

    It seems ludicrous that our Anzac commemorations focus on Britain’s failed Gallipoli campaign, which took almost 9000 Australian lives, but do not acknowledge the extraordinary humanitarian efforts toward the Armenians by allied soldiers and civilian Australians.

    Another compelling reason to talk about the Armenian Genocide is to challenge the assumption that all of this occurred in the past and has no connection to current events. Ripples from the 1915 genocide can be clearly observed in Jihardi attacks on ancient Assyrian/Persian culture that we are reading about right now.

    It must be emphasised that Lemkin’s definition of genocide signifies “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves.” This coordinated plan, which Lemkin suggests might include “disintegration of the political and social institutions, of culture, language, national feelings, religion” extends beyond the mass murder of an ethnic group in its intentions.

    Genocide seeks to wipe out all traces of a people—physically, culturally and historically. The current destruction of cultural monuments across the middle and near east has its very roots in the 1915 Armenian Genocide. When we watch ISIS destroy Assyrian monuments on You Tube, we are seeing something that was set in motion a hundred years ago—something that might not have occurred if the international world had held Turkey to account over the genocide.

    Why, then, has Australia become an active participant in an effort to conceal the Armenian Genocide? Particularly given that Australia’s humanitarian efforts, and the rescue of Armenians by our soldiers in Ottoman Turkey remain unacknowledged as a direct result. The answer appears to be that Australia has buckled beneath the pressure of conjoined denialist efforts by Azerbaijan and Turkey—denial of both the 1915 Armenian Genocide and the ongoing cultural genocides in their countries. Only by bringing these events into the light of day will Australia regain its own dignified and honest history.

    On the evening of April 24, 1915, sometimes called “Red Sunday”, Ottoman officials arrested 250 Armenian intellectuals in Constantinople before deporting and murdering them. The order, given by Minister of the Interior Talaat Pasha the day before the Allies landed at Gallipoli, marked the start of the Armenian Genocide.

    This murderous campaign was part of a wider extermination program targeting Armenians, Assyrians and Greeks who were seen as obstacles to Turkey’s unification with Turkic tribes in Azerbaijan and the creation of a grand Pan Turkish region.

    The 1915 massacres merged seamlessly into later Turkish-Azerbaijani efforts to eliminate Armenian culture in Nakhichevan, in the early 2000s, and current attacks on Assyrian culture in Iraq by ISIS and their affiliates. The Ottomans went on to massacre between 1 and 1.5 million people in a government organised and systematic genocide.

    Often described by Historians as the precursor to the Jewish Holocaust, the Armenian Genocide was chillingly similar in detail to events engineered twenty-five years later by the Third Reich.

    Armenians were murdered in concentration camps. They were gassed or sent on death marches into the Syrian Desert. Approximately 80,000 Armenians were set alight in haylofts and stables across the Muş plain. Thousands of others were taken into the Black Sea or the Euphrates and drowned. So many Armenian corpses were left in the Euphrates, in fact, that the course of the river was temporarily changed. The New York Times described hundreds of Armenians in crammed cattle trains or driven along Syrian roads “strewn with corpses”.

    Like their Third Reich successors, the Ottoman Empire conducted medical experiments on their Armenian prisoners, injecting them with Typhoid infected blood and overdoses of morphine. Armenian businesses, farms, houses and private property were confiscated and financial institutions were ordered to turn over all Armenian assets to the Ottoman government.

    The 1919 trials and court-martials of Ottoman officials firmly condemned Turkish atrocities against Armenians—and, in 1921, assassin Soghomon Tehlirian hunted down and executed former Turkish Grand Vizier Talaat Pasha in Berlin. The trial of Soghomon Tehlirian, which revealed an undercover operation to kill the architects of the Armenian Genocide, horrified international lawyer Raphael Lemkin. He went on, in 1943, to coin the word “genocide” to describe the Ottoman massacre of Armenians.

    Since the 1920s Turkey has undertaken a systematic and highly funded campaign to oppose international acknowledgement of the Armenian genocide.

    But what has this got to do with cultural destruction? The beginnings of Armenian culture can be traced to Nakhichevan’s founding, in modern day Azerbaijan, during 3669BC. According to tradition Nakhichevan, whose name derives from the Armenian “Nakhnakan Ichevan” (Նախնական Իջևան), meaning, “first landing place”, was established by Noah after the Biblical deluge.

    It was in this land, shadowed by holy Mt Ararat, that the theologian Mesrob Mashtots first created the Armenian Alphabet and founded the earliest Armenian schools.

    In 1605 the population of Julfa, an important Armenian centre in Nakhichevan, were forcibly relocated to Persia by Shah Abbas. The town of Julfa was destroyed to prevent the Armenians returning but, recognising the importance of its historic cemetery, Shah Abbas ordered his soldiers to leave it untouched.

    Julfa cemetery, which graced the banks of the river Arax, once held 10,000 ornate Armenian khachkars (cross-stones) from the 15th and 16th century, inscribed with Christian crosses, suns, flowers and climbing plants. Alongside these khachkars stood tombstones from the late 6th century and undated pagan gravemarkers from even earlier. This extraordinary cemetery, spread over three hills on Nakhichevan’s border with Iran, was home to the largest collection of East Christian cultural monuments on earth.

    In 1920 Nakhichevan was declared part of Azerbaijan, a decision reinforced by the Treaty of Kars. This Treaty created a new border between Turkey and Armenia—ceding Armenia’s holy mountain Ararat to Turkey as well as important cities and the ancient ruins of Ani.

    The last remaining 2,000 Armenians were deported from Nakhichevan in 1989. Official Azerbaijani historical records now state that Armenians did not live in the South Caucasus before the 19th century.

    A premeditated campaign to erase all traces of early Armenian culture in Nakhichevan has been undertaken by the Azerbaijan Government. Of around 280 named Armenian churches in Nakhichevan, few remain standing today.

     

    In 2005, in direct violation of the 1948 UN Convention on Cultural Heritage, Azerbaijani authorities demolished Julfa cemetery’s priceless khachkars with bulldozers, loaded the crushed fragments onto trucks and emptied them into the river Arax. Video footage and photographs taken from the Iranian bank of the river captured almost 100 Azerbaijani servicemen destroying Julfa’s khachkars with sledgehammers and other tools.

    Demands by The European Parliament in 2006 that “Azerbaijan allow missions, such as experts working with ICOMOS who are dedicated to surveying and protecting archaeological heritage, in particular Armenian heritage, onto its territory, and that it also allow a European Parliament delegation to visit the archaeological site at Julfa”, were refused.

    Shortly thereafter, Nakhichevan authorities constructed a military shooting range on the very ground where thousands of human remains lie, still unmarked.

    Despite compelling evidence in photographs, video and satellite images, Azerbaijan has consistently denied the destruction of Julfa cemetery.

    What we are witnessing now, in Australia’s refusal to recognise the Armenian Genocide, is the result of a combined denialist campaign by two politically and militarily allied countries, capable of exerting huge pressure on the international community through Turkey’s NATO role and Azerbaijan’s control of oil.

    This combined effort has effectively silenced discourse around the conjoined events of the 1915 genocide and the ongoing destruction of Christian monuments in Azerbaijan, Turkey and elsewhere. In achieving this goal, Azerbaijan and Turkey have concealed important historical contexts for understanding recent attacks on Assyrian culture by ISIS and their affiliates.

    Turkey and Azerbaijan’s deliberate efforts to blind international politics to past and present crimes against humanity has been tolerated by Australia, ostensibly, for the sake of Anzac Cove photo opportunities in 2015.

    Turkey’s exclusion of NSW MPs from the 2015 Anzac Cove ceremony because of bipartisan support for a Parliamentary motion to recognise the Armenian Genocide, demonstrates a clear intention to use Anzac day to blackmail Australia into supporting Turkish denialism. Treasurer Joe Hockey, of Armenian heritage, called for Federal Parliament to formally recognise the Armenian Genocide while in opposition, yet refuses to jeopardise his dealings with Turkey now that he is in Government.

    But the international tide is turning. In response to Pope Francis’s recent statement that the 1915 massacres in Armenia constituted the “the first genocide of the 20th century,” Turkey recalled its ambassador to the Holy See. Following The European Parliament’s resolution to adopt the same term, genocide, in relation to Armenian history, Turkish President Erdogan stated, “It is out of the question for there to be a stain, a shadow called ‘genocide’ on Turkey.”

    Many eminent Turkish academics presently advocate for genocide recognition, motivated by the same desire for historical truth that should be inspiring Australia’s own stance on the issue. Only by acknowledging this genocide can Turkey honour its past national heroes, the Oscar Schindler’s of the Ottoman Empire—men like Mehmet Celal Bey and others who saved thousands of Armenians from persecution.

    Genocide includes massacres, but is not limited to massacres. Any systematised and organised attempt to erase a people should be considered an act of genocide.

    When a force, such as the Ottoman-Turks and their Azerbaijani allies, seeks to destroy all traces of a people through mass murder, through destroying their cultural monuments and through an extensive and well-funded rewriting of history—there can be no doubt that we are speaking of Genocide. Australia’s role in the Armenian Genocide was humanitarian, admirable and praise-worthy. We should never forget that—but we should never have allowed our legacy to be tainted by Turkey’s efforts to suppress historical truth.

    Perhaps this Anzac Day we will remember that our greatest victory at Gallipoli was not at Anzac Cove. What brought lasting honour to our nation is symbolised in the image of a four-year-old Armenian girl carried in the arms of an Australian camel-mounted soldier, to safety.

    Dr Judith Crispin is the Director of Manning Clark House in Canberra. A practising artist, composer and writer, Judith is an honorary fellow of th Australian Catholic University and part of an international research team working on the digital repatriation of ancient Armenian culture.

     

     

  • Frank Brennan SJ. Still seeking a way of stopping the boats decently

    This is part of the Gasson Lecture which I delivered at Boston College today:

    I return to Australia accepting that my political leaders will always maintain a commitment to stopping the boats, no matter what political party they represent;  but I return insisting that there is a need for international co-operation to determine how decently to stop the boats while providing an increased commitment to the orderly transfer of an increased number of refugees across our border so that they might live safe and fulfilling lives contributing to the life of the nation.

    This cannot be done in Australia until we shut down the processing centres on Nauru and on Manus Island, until we accept that people should only be held in detention while issues of identity, security and health are determined, and while we negotiate arrangements with Indonesia, India and any other transit countries to which asylum seekers are being returned, replicating the new European regulation:

    No person shall, in contravention of the principle of non-refoulement, be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non-refoulement.

    It might then be possible for Australian officials to conduct prompt, reliable onboard assessments of asylum seekers on vessels determining whether it is appropriate to return them to their last port of call, without the need for an onboard international lawyer to conduct any sort of ‘framing’ exercise.  It should then be possible to avoid the recent obscene scenario of 157 persons being detained on the high seas for a month, regardless of whether or not the non-refoulement obligation applies extra-territorially.

    It is time to concede that none of us has a right to enter another country and that all of us have the obligation not to return anyone presenting at our border to a situation of persecution, torture, or cruel punishment.  Though I doubt the possibility of the EU negotiating appropriate returns of asylum seekers to Libya in the foreseeable future, I continue to entertain the hope that Australia can negotiate appropriate returns to transit countries such as Indonesia for Iraqis, Afghans and Iranians and India for Tamils, so that Australia might then decently extend the hand of welcome to more of the world’s 51 million displaced persons.  For the moment, my country is failing to strike the right balance between human rights and the national interest.  It is stopping the boats indecently, violating the human dignity of those being held in unsatisfactory conditions in Papua New Guinea and on Nauru and failing to ensure appropriate safeguards are in place for the return of asylum seekers to Indonesia.  For as long as international lawyers claim there is no possibility of a legally negotiated regional agreement for safe returns because they argue that asylum seekers have a right of entry to Australia to seek asylum, the Australian government, the Australian parliament, and the Australian courts will maintain, with impunity but with the occasional expression of outrage from international lawyers, a regime of returns insufficiently scrutinized for human rights compliance.  I return to Australia accepting that the boats will continue to be stopped (no matter which political party is in power), but that they should be stopped decently and in compliance with the legal regime enunciated by the European Union which has to deal with a far more pressing issue but subject to the more searching supervision of the European Court of Human Rights and of the European Parliament which has greater sensitivity to the human rights of asylum seekers than do their more pragmatic Australian colleagues.

    By all means, stop the boats.  But also close the facilities on Nauru and in Papua New Guinea.  Abandon the Cambodian shipment plan.  Negotiate a regional agreement for safe returns ensuring compliance with the non-refoulement obligation.  Double the refugee and humanitarian component from 13,750 places to 27,000 places in the migration program, as recommended by the 2012 Expert Panel.  Encourage further community participation in a refugee resettlement scheme which allows refugee communities and their supporters to increase the number of refugees resettled without taking the places of those refugees who would come anyway without community sponsorship.  Why not increase the humanitarian program to at least the 20,000 places which were guaranteed prior to the election of the Abbott Government?  And provide another 7,000 places for community sponsored refugees.  I agree with novelist Tim Winton that there is a need for countries like Australia to turn back, to ‘raise us back up to our best selves’.  That can best be done by securing our borders and increasing our commitment to orderly resettlement of more refugees, rather than by opening the borders, undermining the community’s commitment to further assisting more of those 51 million people who are suffering displacement tonight, most of them having no prospect of employing a people smuggler to get them to the border of a rich democratic country.

    Fr Frank Brennan SJ is finishing his term as Gasson Professor at Boston College Law School.  Anyone wanting a copy of his full address should contact him on frank.brennan@acu.edu.au

     

     

     

  • John Tulloh. An inconvenient centenary Turkey prefers to ignore.

         The Gallipoli battle aside, you can be sure that Turkey will not be commemorating the centenary of another major event in its history this month. A few hours before Australian, New Zealand and other allied forces landed at Gallipoli on April 25, 1915, what has become widely known as the Armenian genocide got under way in Constantinople (Istanbul). But Australians visiting Gallipoli for the other centenary should be careful about what they say. For a Turk to say it was genocide is enough to get punished for insulting the country.

    It is a bitter and contentious argument which has been going on for more than 70 years since the word ‘genocide’ was coined. That was by a Polish jurist to describe not only what the Nazis were doing to the Jewish peoples, but also what Turkey had inflicted on the Armenians starting in 1915.

    Turkey strenuously denies that it was genocide even though it concedes 600,000 Armenians perished. As far as Ankara is concerned, they were victims of wartime action, deportation marches, isolated massacres, disease and malnourishment. They were exiled because the Ottomans regarded the Armenians as war-time allies of the Tsarist Russians who were active along Turkey’s eastern border where so many Armenians lived.

    But independent estimates have put the death toll at between 1 and 1.5 million based on eye-witness accounts. Turkey’s WW1 ally, Germany, told Berlin that something terrible was happening to the Armenians. Australian POWs thought so as well. Even Hitler later referred to their ‘annihilation’.

    Geoffrey Robertson, QC, the Australian human rights lawyer, is the author of a new book called An Inconvenient Genocide: Who Now Remembers the Armenians? He writes: ‘The Young Turks who ran the Ottoman government did not use gas ovens, but they did massacre the men and sent the women, children and elders on death marches through the desert to places we hear of now only because they are overrun by Islamic State. They died en route in their hundreds and thousands from starvation or attack and many survivors died of typhus in the concentration camps at the end of the line’.

    Tony Abbott, as opposition leader, said it was genocide and condemned it. So did the SA and NSW parliaments. But when Turkey in retaliation threatened to ban MPs from visiting Gallipoli, Canberra buckled. Foreign Minister Julie Bishop last year conceded that the events of 1915 were a ‘tragedy’. But, she added, ‘we do not recognise the events as genocide’.

    Pope Francis thinks otherwise. Only this week he infuriated the Turkish government by referring to genocide. The official line from countries like Russia, France, Spain and Canada is that it was genocide, while in Greece, Slovakia and Switzerland among others it is a criminal offence to deny it was genocide.

    Barack Obama in 2008, when campaigning for the US presidency, also condemned the genocide and promised to reiterate that if elected. But he thought better of it following geopolitical pressure from Turkey about the future of US bases and support for American interests in the region. It is much the same story with the British government when so many refugees are camped in Turkey and eager to live elsewhere.

    The Armenians had long been persecuted in Turkey and were the victims of massacres from time to time. They were ancient Christians and generally better educated and wealthier than the Islamic Turks. It was the usual brew for violent resentment of a minority. The 1915 events began with the round-up and deportation or execution of Armenian community leaders and intellectuals. Documents and statements at the time made it clear that Turkey planned and carried out a massive pogrom against the Armenians.

    The Australian author, Louis Nowra, wrote a play for the BBC based on the memoirs of a US diplomat, who witnessed deportations, death marches and atrocities. He says: ‘Led by President Recep Tayyip Erdogan, a cynical populist, Turkey is doing all within its power not to confront its own past and also to stop the truth being heard. This is, of course, not unusual (witness Japan’s refusal to acknowledge its horrific crimes in WW2 and Australia’s deliberate amnesia about its treatment of Aborigines), but the evidence of the genocide is so overwhelming that the Turkish denial of what happened is breathtaking in its immaturity and lack of pity’.

    Robertson says: ‘The mental scars and trauma for the children and grandchildren of survivors throughout the diaspora will continue until Turkey makes some sort of acknowledgement and offers an apology’.

    In 2014, Erdogan, then Prime Minister, offered an unprecedented expression of condolence for the massacres of Armenians, saying the events of 1915 had ‘inhumane consequences’. But Armenians want them recognised as genocide. This is unlikely to happen when a recent poll showed that only 9% of Turks questioned believe the events set in train 100 years ago amounted to genocide.

    While thousands of Australians and New Zealanders descend on Gallipoli this month, hundreds and thousands of Armenians will fill the streets of their capital, Yerevan, to observe the centenary of the most terrible event in their history. It is unlikely Australia will be represented. ‘The approach of the Australian government has been not to become involved in this sensitive debate’, Julie Bishop said last year.

    But it has not stopped us from becoming involved in just as sensitive matters just to the south of Armenia on Turkey’s borders, namely Iraq.

    John Tulloh had a 40-year career in foreign news.

     

     

     

     

     

     

     

     

     

     

  • Frank Brennan.  Cunneen v ICAC

    Margaret Cunneen is a high profile public prosecutor.  The NSW  Independent Commission against Corruption (ICAC) wanted to investigate her for corrupt behaviour, but not in relation to anything she did as a prosecutor.  They wanted to investigate her behaviour as a private citizen, she being the mother of a boy whose girlfriend was involved in a car accident.  The suggestion was that Cunneen on being called to the accident scene was party to a plan that the driver should fake chest pains to escape a blood alcohol test even though the driver had not been drinking and her blood alcohol content was zero. ICAC’s argument was that the behaviour of Cunneen and her family members could adversely affect the police in performing their official functions investigating the accident.

    Section 8(2) of the ICAC Act defines corrupt behaviour to include ‘conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official’.  So corrupt behaviour could include conduct by a person in a private capacity (like Cunneen being Mum) that adversely affects the exercise of official functions by a police officer.

    The alleged behaviour of the Cunneen family circle, if proved,  was not behaviour which, if successful, would cause  police officers to act with less probity in the performance of their duties.  Such behaviour would only cause the police officers to act in a less efficacious manner in detecting a crime.

    The case came down to interpreting the phrase ‘adversely affects’.  Four of the five High Court judges sitting on the appeal observed:

    ‘Either it means adversely affect or could adversely affect the probity of the exercise of an official function by a public official, or it means adversely affect or could adversely affect the efficacy of the exercise of an official function by a public official in the sense that the official could exercise the function in a different manner or make a different decision from that which would otherwise be the case.’

    The four majority judges were left in no doubt: ‘The former meaning accords with the ordinary understanding of corruption in public administration and consequently with the principal objects of the ICAC Act.  The latter would result in the inclusion in “corrupt conduct” of a broad array of criminal offences and other unlawful conduct having nothing to do with the ordinary understanding of corruption in public administration or the principal objects of the ICAC Act.’

    There are some High Court cases where you can see the result coming when the barrister is caught out during the oral argument by one of the prying judges.  Cunneen was one of these cases.  It was all the more notable because the prying judge was the new boy on the block – Justice Nettle. It was still his first month on the job.  At the hearing back on 4 March 2015, Justice Nettle asked a few tentative questions and then he moved in for the kill, questioning Mr Kirk SC, the counsel for ICAC who already was having a very bad day having failed to provide the court with relevant papers.  Here is the transcript:

    NETTLE J: Just one more question, in New South Wales any telling of lies to policemen could be a criminal offence? So, any telling of lies, we would say, when someone is arrested and tells lies as they frequently do to policemen about what they are asked would, on this basis, be corrupt conduct?

    MR KIRK: Any telling of lies which has the potential to pervert the course of justice.

    NETTLE J: That is usually why they are told is to deflect the policemen from getting to the truth.

    MR KIRK: But it all depends on the context. Not telling a lie – not every single lie – if a police officer asks your name and you lie about that, that is not necessarily going to have any tendency to pervert the course of justice. I am not saying to avoid your Honour’s question, I am just qualifying.

    The qualifier was meaningless or too fudgy to be workable. It was game, set and match to Cunneen.   ICAC was not alleging that she had done anything to affect the probity of the police in their conduct of the investigation.  At most, ICAC was alleging that she had done something affecting the efficacy of the investigation. That ain’t corruption.  And thus it is no business of ICAC.  ICAC exists to expose corruption.  As the court said, ‘It is not likely that an Act which is avowedly directed to investigating, exposing and preventing corruption affecting public authorities – and for which the justification for the conferral of extraordinary powers on ICAC was said to be the difficulty of discovering and exposing corruption in the nature of a consensual crime of which there is no obvious victim willing to complain – should have the purpose or effect of extending the reach of ICAC to a broad array of crimes having nothing to do with corruption in public administration apart from such direct or indirect effect as they might conceivably have upon the efficaciousness of the honest and impartial exercise of official functions by public officials.’

    The police officers conducting the investigation into the accident were not corrupt.  They were not corrupted by Cunneen and her family. There could be no suggestion that Cunneen was trying to corrupt the police. It’s time for ICAC to get back to work investigating corruption, leaving other matters of errant behaviour to the police to investigate.  It’s also time for Cunneen to get back to work.

    Fr Frank Brennan SJ, professor of law at Australian Catholic University, is presently Gasson Professor at the Boston College Law School.

  • Fiona McGaughey, Mary Anne Kenny. Lashing out at the UN is not the act of a good international citizen.

    The United Nations has again criticised Australia’s human rights record in relation to its treatment of asylum seekers and refugees. A report by the UN’s Special Rapporteur on Torture, Juan Méndez, has raised a number of concerns. These include:

    • Australia’s policy in relation to the detention of asylum seekers on Manus Island breaches Articles 1 and 16 of the UN Convention Against Torture. These articles require that Australia, as a signatory to the convention, not allow acts amounting to torture or cruel, inhuman or degrading treatment or punishment in any place under its jurisdiction. Méndez found that the reports of conditions in the centre – including increasing acts of violence – combined with the arbitrary and indefinite nature of the detention violated the convention.
    • Failing to respond adequately to specific allegations of intimidation and ill-treatment of two asylum seekers on Manus Island following their statements in relation to the violent outbreaks at the centre in February 2014.
    • Recent legislation passed by federal parliament violates the convention as it allows for the arbitrary detention and refugee determination of asylum seekers at sea without access to legal assistance. Concerns were raised that this could lead to an asylum seeker being sent back to a country where there are substantial grounds for believing they would face torture, in breach of Article 3 of the convention.
    • Amendments to character provisions in the Migration Act violate the convention, as an increase in the refusal of visas on character grounds will lead to those individuals being held in detention indefinitely.

    Australia’s response

    Prime Minister Tony Abbott reacted by saying Australians are:

    … tired of being lectured to by the United Nations.

    Méndez responded, saying:

    I’m sorry that the prime minister believes that we lecture … We don’t believe so. We try to treat all governments the same way and deal with specific obligations and standards in international law as objectively as we can.

    Abbott said the government’s policies had stopped people arriving by boat and ended deaths at sea. Méndez pointed out that prolonged and arbitrary detention should not be used as a deterrent.

    Méndez’s role is to assist the government to develop alternatives that abide by its international obligations, such as appropriate screening with appropriate and fair procedures for the determination of claims of people who are fleeing torture.

    Who is the Special Rapporteur on Torture?

    The Special Rapporteur on Torture is one of a number of independent human rights experts who report to and advise the UN Human Rights Council. As part of their activities, the Special Rapporteur can communicate concerns to States on reports of individuals who may be subject to torture.

    These allegations are provided to the State in writing and the state has the opportunity to respond. The Special Rapporteur then reports on those communications and responses annually to the UN Human Rights Council.

    Méndez is well-respected. He is a Professor of Human Rights Law in Residence at the American University Washington College of Law. Like all UN Special Rapporteurs, he carries out his role on a voluntary basis. He is not a UN staff member and is independent from any government. Perhaps most importantly, he is a survivor of torture at the hands of the Argentinian military dictatorship.

    What is the context of Abbott’s comment?

    The UN has made several high-profile criticisms of Australia in recent months. In September 2014, the new UN High Commissioner for Human Rights, Zeid Ra’ad al Hussein, criticised Australia’s asylum policies in his high-profile opening address to the Human Rights Council. He singled out a number of states or regions of concern – Australia was one of the very few Western states highlighted.

    This was followed closely by Australia’s scheduled review before the UN Committee Against Torture in November 2014. The committee quizzed Australia on a number of human rights issues. In its report, the committee made recommendations on Australia’s obligations not to return people to a country where they may be tortured (refoulement), and on the detention of children seeking asylum, which is only to be used as a last resort.

    Abbott’s defensive response to the criticisms is reminiscent of John Howard’s adversarial relationship with UN human rights bodies. Although governments can get touchy about international criticism, engagement between governments and UN human rights bodies tends to be diplomatic.

    Australia has not always read the memo on that one. Then-foreign minister Alexander Downer famously warned in 2000 that:

    … if a United Nations committee wants to play domestic politics here in Australia, then it will end up with a bloody nose.

    These types of comments would be unlikely from current Foreign Minister Julie Bishop. Bishop has performed well in Australia’s seat on the UN Security Council and has her sights set on a seat on the UN Human Rights Council in 2018. She has said:

    Our strong and principled stand on numerous human rights issues in our role as a temporary member of the Security Council will form part of our campaign … We abide by our international obligations and we are confident that our experience and our commitment to human rights protection and promotion makes us a strong contender.

    Is Australia a good international citizen?

    Contrary to Bishop’s view, UN bodies have consistently found that Australia does not abide by its international human rights obligations in certain key areas such as its treatment of asylum seekers.

    At a national level, the bill Méndez mentioned was also found by the Parliamentary Joint Committee on Human Rights to be incompatible with Australia’s international human rights obligations.

    A less-than-perfect human rights record does not preclude a state from Human Rights Council membership. However, it must demonstrate willingness to provide redress and make improvements.

    Australia’s breaches of international human rights law are increasingly coming to the UN’s attention. Abbott’s recent comments are not compatible with a state willing to provide redress and make improvements – and nor are the individual cases brought to UN human rights committees. Australia has acted on the committees’ findings by providing remedies to those affected in only 17% of cases.

    In November 2015, the Human Rights Council will consider Australia’s overall performance in its peer-review mechanism – the Universal Periodic Review. This review will include information such as Méndez’s report.

    In the previous review in 2011, Australia accepted the majority of the recommendations made by other states. It also made a number of voluntary commitments to the council, including establishing a full-time Race Discrimination Commissioner in the Australian Human Rights Commission.

    This time around, it remains to be seen whether Australia will play the role of a good international citizen, keen to secure a future seat on the Human Rights Council.

  • Vicken Babkenian. Gallipoli’s inconvenient ‘other side’.

    Leading up to the Gallipoli centenary, a growing trend emerged in Australia of presenting the ‘other side’ of the story. From popular books, official histories, films and academic conferences, the ‘Turkish’ perspective of Gallipoli became widely told.[1] According to this perspective, as illustrated in a recent article by Dr Jennifer Lawless, the allied landing at Gallipoli was an invasion of the ‘Turkish homeland’ and by the end of the campaign, many more ‘Turks’ (87,000) than Anzacs (8700) died.[2] The campaign is portrayed as an almost wholly Turkish and Australian affair, contributing to the birth of both nations and a symbol of a centenary of friendship.[3] A deeper understanding of the history, however, reveals that many of these narratives are anachronistic interpretations, promoting nationalist agendas with fundamental errors and omissions.

    In reality, when the Anzacs landed at Gallipoli on 25 April 1915, they were part of an Anglo-French invasion of the Ottoman Empire, not Turkey. The republic of Turkey was not established until 1923. Like the British and French imperial forces, the Ottoman Army reflected the multi-ethnic make up of the Ottoman Empire. While most of the officers were ethnic Turks, the army included large numbers of Arabs, Kurds, Armenians, Greeks, Circassians and Jews. According to Australian military historian Bill Sellars ‘two thirds of the troops who made up Colonel Mustafa Kemal’s 19th Division that faced the first wave of the Allied invasion were Syrian Arabs’.[4] A more comparable casualty comparison should be made between the empires and not ‘Turks’ v Anzacs.

    During the war, the Ottoman Empire was led by a dictatorial triumvirate of Young Turks – Enver, Talaat and Djemal. Since coming to power in a violent coup in 1913, the Young Turks had been pursuing a policy of ethnic and religious homogenisation of the empire in order to create a ‘Turkey for the Turks’. The Young Turk participation in the First World War on the side of Germany allowed them to speedily accomplish this goal under the cover of war.

    ‘Gallipoli’, derived from the Greek word for ‘beautiful city’, was historically a Greek peninsula but had been absorbed by the Ottoman Empire in the 15th century. Just two weeks prior to the Anzac landings, the Ottoman authorities deported about 22,000 of the peninsula’s native Greek population into the interior of Anatolia (current day Turkey). [5]Many would die of harsh conditions. This was only a precursor to the larger persecutions to follow. Triggered by what many scholars argue was the impending landing by the Anglo-French forces on the Gallipoli peninsula, the Young Turk government arrested some 250 Armenian intellectuals in the capital of the Empire, Constantinople (now Istanbul), on 24 April 1915. This marked the beginning of what Henry Morgenthau, the United States ambassador to the Ottoman Empire in 1915, described as a ‘campaign of race extermination’. As a representative of a neutral nation, Morgenthau stood at a critical juncture in the flow of information. His key informants were US diplomats, missionaries and businessmen stationed throughout the Ottoman Empire.

    In almost every town and village in the Empire, the Armenian population was arrested and deported by orders from the central government in Constantinople. The men were in most cases killed just outside their towns and villages. A much worse fate awaited the women and children. After being uprooted from their homes, they were forced to walk southwards in huge convoys to the burning deserts of northern Syria. Most would die of starvation, murder and disease. In the Ottoman war theatre, Anzacs witnessed the Armenian tragedy—some even helped rescue survivors of the death marches. Many Anzac prisoners captured by the Ottoman Army were held in abandoned Armenian churches and homes and they became key eyewitnesses to the unfolding events.

    Every major newspaper in Australia covered the genocide with regularity—the Melbourne Age having published more than 40 articles on the event in 1915 alone. Headings such as ‘Armenians Butchered’, ‘Million Armenians Massacred’ and ‘More Armenians Massacred—girls sold in open market’ were indicative of the tone of the articles being published around this time.[6] By December 1915, the United States consul in Syria reported that some one million Armenians had died and another half-a-million destitute refugees were scattered in or around his consular district. Australian prisoner of war, Private Daniel Creedon of the 9th Battalion AIF, wrote in his diary just two months later: ‘The people say that the Turks killed 1¼ million Armenians.’ Creedon was held captive in an isolated internment camp in the Taurus Mountains of Anatolia and died a few months after he made his diary entry. His figure was close to the figure accepted for the death toll of the massacres and suggests that the magnitude of the outrage was known and discussed by the Anzac prisoners of war.

    The story of Armenian suffering evoked a strong humanitarian response in Australia at the time leading to the establishment of the Armenian Relief Fund, which began in Victoria in 1915, spread throughout the country, and continued its work for over a decade. The Victorian state war council recognised the Armenian fund as a ‘patriotic fund’ – one considered as having been formed for the purpose of supporting Australia’s allies as well as its own soldiers. The relief movement culminated in the establishment of an Australian-run orphanage for some 1700 Armenian orphans in Beirut, Lebanon.

    When the war ended, the victorious Allies arrested over a hundred Turkish officials for their role in the ‘Armenian massacres’ and the ‘ill-treatment’ of Allied (including Anzac) prisoners of war. However, the subsequent rise of a new Turkish nationalist movement headed by Mustapha Kemal (Ataturk) succeeded in revoking the post-war Treaty of Sevres which had stipulated an international trial of the Turkish offenders. When the new Turkish republic was established in 1923, the multi-ethnic Ottoman Empire had become a mostly homogenous Turkish nation state.

    By the mid-1930s, the Armenian genocide had largely faded from the world’s collective memory. It was an observation not missed by Adolph Hitler when he made his infamous remark in 1939: ‘Who, after all, speaks today about the annihilation of the Armenians?’ Raphael Lemkin, a Polish Jewish lawyer who lost 49 members of his family during the Holocaust, coined the word ‘genocide’ in 1944. Lemkin cited the Armenian case as a defining example of what the word meant. International jurist Geoffrey Robertson calls the event an ‘inconvenient genocide’ because recognising and remembering the crime in many countries often results in harsh diplomatic reactions from Turkey. In the case of Australia, the Turkish foreign ministry banned some NSW MPs from visiting commemorations at Gallipoli after having voted in favour of an Armenian genocide resolution in the NSW parliament in 2013.

    It was not until 1967, some 50 years after Gallipoli, that Turkey and Australia formally established bilateral relations. Since then, the relationship between the two nations has developed rapidly with frequent high-level visits and expanding bilateral trade and investment.[7] On the issue of the Armenian genocide, the Australian federal government has been faced with a moral dilemma. For decades, the government has maintained a policy of non involvement in ‘this sensitive debate’. However in 2014, for the first time, Australia’s foreign minister, Julia Bishop, expressed her Liberal government’s position on the issue in a letter to the Australian Turkish Advocacy Alliance organisation. She wrote that the Australian government does ‘not … recognise these events as “genocide”’ adding further that ‘Australia attaches great importance to its relationship with Turkey, which is underpinned by our shared history at Gallipoli, and by the recent cooperation in the G20’.[8] Diplomatic cables between Ankara and Canberra obtained under Freedom of Information laws revealed that last year the matter arose in a letter from Ms Bishop to her Turkish counterpart, Ahmet Davutoglu. Ms Bishop wrote that ‘recognising the important interests at stake for both countries, I assure you that there has been no decision to change the long-standing position of successive Australian governments on this issue’.

    It seems that our nation’s collective memory of Gallipoli and the government’s position on the Armenian genocide are influenced more by current economic and political relations than a true reflection of the past. If, as some historians have suggested, that telling the honest truth about Australia’s First World War experience is the best way to honour our war dead, than it’s time for a more truthful representation of the ‘other side’ of Gallipoli.

    Vicken Babkenian is an independent researcher for the Australian Institute for Holocaust and Genocide Studies, Sydney. He is the author of a number of articles on Australia’s humanitarian response to the Armenian genocide.

     

    [1] Russell Crowe’s movie, The Water Diviner is an example.

    [2] See Dr Jennifer Lawless, ‘Gallipoli: A Turkish Perspective’, Teaching History (NSW), March 2015.

    [3] http://www.abc.net.au/news/2015-02-28/friendship-wall-unveiled-at-auburn-for-gallipol-centenary/6270026

    [4] http://www.aljazeera.com/archive/2004/01/200849135129326810.html

    [5] http://honesthistory.net.au/wp/wp-content/uploads/Greeks-of-Gallipoli-1915.pdf

    [6]http://trove.nla.gov.au/newspaper/result?q=armenian+massacres&exactPhrase=&anyWords=&notWords=&requestHandler=&dateFrom=1915-05-01&dateTo=1923-12-31&sortby=dateAsc

    [7] http://www.dfat.gov.au/geo/turkey/Pages/turkey-country-brief.aspx

    [8] http://www.dailysabah.com/politics/2014/07/23/australian-fm-armenian-case-not-genocide

  • Peter Day.  Mum and Dad, or Mum and Mum, or Dad and Dad?

    Human sexuality is a complex and fragile thing – far greyer than black or white. It is best tended to by gentle, wise, and humble hands.

    Alas, there hasn’t been much gentleness or wisdom surrounding the same sex marriage debate, let alone same sex attraction in general. Witness the recent furore over an alleged homophobic slur directed at a player during a Super 15 Rugby match between the ACT Brumbies and the NSW Waratahs at the weekend.

    Like most issues of public importance, we tend to hear from the voices of fear that inhabit the extremes – and how the mainstream media thrives on such unseemly polemic.

    Those advocating same sex marriage have cleverly positioned themselves under the canopy of civil rights, of marriage equality: “Thus, if you oppose us, you are not only homophobic, but support continued discrimination as well.”

    This approach is difficult to counter because people with same sex orientation are emerging from a proven and longstanding history of marginalisation – one that is still quite prevalent. And, churches of all persuasions need to reflect on their contribution to this injustice; for too long same sex attracted people have been made to feel like lepers.

    Given this painful historical backdrop, the civil rights approach is both compelling and persuasive. After all, who wants to wear the responsibility of saying yet another “No” to those who have been excluded and refused entry into much of the mainstream for so long?

    Meanwhile, in the other corner, those against same sex marriage have come out boxing with a bible in the hands, wielding it as though it were a hammer and, too often, preaching intolerance and bigotry: “Adam and Eve, not Adam and Steve,” they scoff. Indeed, one might say that thanks to these purveyors of ignorance, the Christian position has itself become marginalised.

    So, where to from here?

    When we reflect on the fact that committed relationships are at the heart of a healthy society, we realise how important it is to respect, encourage, and celebrate the giving and receiving of love between heterosexuals and same sex couples. We must also dialogue with the hope of deepening our understanding of experiences that are foreign to us. The loving commitment of same sex couples to each other needs the kind of protection and support that heterosexuals have taken for granted.

    Surely we can achieve this while recognising that the two forms of union, heterosexual and same sex, are different, and significantly so. All societies, including our own, acknowledge the importance of heterosexual unions for the very continuance of the society. We call it ‘marriage’, and while not every heterosexual union leads to procreation, the union, of its nature, is geared to it. This is not true of same sex love.

    Of course, a same sex couple can love and care for children whose nurturing is a fruit of their love. Children, however, do not come into existence as a result of their sexual union.  And surely, as much as is possible, children have an inherent right to be nurtured by their biological parents?   If this has merit, one needs to consider the potential for same sex marriage to further entrench the separation of children from their natural parents, a separation that is becoming more and more prevalent thanks to new technologies, a prevailing individualism, and a collective infatuation with the self: “If I want it, I should have it; that’s my right.” The danger is children can become commodities to meet the social and emotional whims of adults, something for which we are all responsible.

    Indeed, too often the voices of the adults drown out those of the children. Dawn Stefanowicz, has something to say about this: 

    “I was raised in a gay household from babyhood in Toronto, Canada. I loved my father and respected his business ethic, but he did not value or love women, and that left me deeply hurt.

    “Children of gay parents are not just blank slates. We are a combination of both nature and nurture. Gay parenting removes one of our biological parents, creating an unrecoverable, permanent loss for us. We are silenced as dependents and cannot speak about this loss for fear of offending our parent(s) and their partner(s).

    “Parenting is not just about care-giving, making meals, cleaning the house, or putting on sticking plasters. A grandma or an auntie can do these things. Parenting has to do with children’s identity and security above all else, and supports complementary genders, as male and female in relationship with each other, so that children see both their biological parents being equally esteemed and loved.” (UK Tablet Blog, 20 March, 2015)

    For the sake of the child and ultimately for the dignity of all, it needs to be clearly understood that one does not have a right to a child, whatever underpins one’s aspirations for parenthood.

    The committed love between same sex couples is sacred, is beautiful, is creative – but never complementary nor pro-creative. It is a different expression of love and it should be treated and honoured differently. Thankfully, in relation to legal protections, same sex couples have been afforded what is justifiably their civil rights; and while a union sanctioned by the state that honours and embraces their love also has merit; I do not subscribe to the view that marriage is a civil right for same sex couples.

    In seeking to call different unions – indeed, different realities – by the same name, the result is confusion, not clarity or truth. In the matter of marriage, we discriminate because we recognise the differences between heterosexual and homosexual unions. We discriminate, not to advantage one union and disadvantage the other, but to acknowledge the difference.

     

    Peter Day is a Catholic Priest in Canberra.

     

     

     

  • Laurie Patton. The ‘metadata’ Bill.

    The House of Representatives has passed, with amendments, the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014.

    The Bill requires telcos and Internet Service Providers to store certain information (called “metadata”) for a period of two years. Metadata is essentially the information that reveals the parties to phone and email communications and other things such as the time and duration of a communication. It does not include the content of the communication.

    When collected by law enforcement agencies this information will be analysed by sophisticated software using algorithms that have been developed over many years and shared by international security agencies. The output of this analysis will allow the agency to identify people or organisations of interest. The nature of that interest could be anything from terrorism to far less significant activities that might concern the authorities.

    Once an individual or organisation has been identified and targeted for further investigation the agency can use a range of existing law enforcement practices to gain access to anything else they need to secure a conviction or to facilitate whatever other action they deem appropriate.

    The Government and the Opposition both support the need for data retention. They cite advice from our law enforcement agencies and security services.

    However, overseas there is a growing movement away from this form of government surveillance. The European Court of Justice recently overturned a ‘universal directive’ designed to harmonise data retention schemes in all EU member countries. The Court said “the directive interferes in a particularly serious manner with the fundamental rights to respect for private life and the protection of personal data”. It argued that the benefits did not outweigh the risks.

    When you look at high profile incidents such as Sydney’s Lindt Cafe hostage taking, the Charlie Hebdo attack or when British soldier Lee Rigby was hacked to death in 2013, there is one common factor. The perpetrators were already known to the authorities. They were not identified as the result of a data retention scheme. The Internet Society*has noted that the Bill has not been subjected to a cost/benefit analysis.

    Another concern is the security of the metadata once collected. Speaking at an industry event this week, Telstra executive Mike Burgess observed that the scheme would create a “honeypot” of private information that could be actively targeted by cybercriminals.

    The Parliamentary Joint Committee on Intelligence and Security (“PJCIS”) scrutinised the Bill and recommended 38 amendments, all which have been accepted by the Government and the Opposition. The amendments include removing the ability of the Attorney-General to unilaterally add to the list of agencies able to access metadata and placing the definition of the metadata (the “data set”) in the primary legislation rather than the Bill’s accompanying regulations, where it would be easier for the Government to make subsequent changes.

    This week a belated campaign by media companies, supported by Labor, resulted in another amendment that will see a Public Interest Advocate (“PIA”) appointed to address concerns that the legislation will be used to search for the identify of journalists’ sources. Law enforcement agencies will be required to obtain a warrant to investigate journalists’ activities and the PIA will be able to argue that it is not in the public interest for a warrant to be granted.

    The implications for journalists and their sources also apply to others. Lawyers, doctors, whistle-blowers and anyone running an issues-based campaign could be targeted. It is also arguable that trade unions could be targeted if they are engaged in industrial action.

    Then there’s the cost. The Government has put a $400 million price tag on the scheme. Is that a one-off charge? It can’t be. The cost of having the data collected and retained will be ongoing. It will be passed on through higher phone and Internet charges or it will have to be borne by taxpayers.

    The PJCIS recommended that the Government make a contribution to industry costs. This is still to be negotiated. The Internet Society has offered the Government its technical expertise to assist in designing a model delivering an effective and equitable outcome.

    It is thought that there are between 250 and 400 ISP’s of varying sizes. Some are owned by large corporations with deep financial pockets but others are small businesses providing a competitive service but with limited financial resources. Unless the proposed Government funded financial assistance package is structured to take this into account we could see a reduction in the number of ISP’s as some simply go out of business.

    The costs of operating the data retention scheme that will be incurred by the law enforcement agencies have not been revealed. They will be significant.

    Laurie Patton is Chief Executive Officer, Internet Society of Australia

    * www.internet.org.au

  • Amanda Tattersall. Community organising aims to win back civil society’s rightful place.

    In the wake of the Second World War, Karl Polanyi wrote that the public arena is made up of three interconnected sectors: the market, government and civil society. He argued that democracy thrives when these three are in balance. If only that were the case today. Since the late 1980s, the global influence of the market sector has increased and, at the same time, civil society has decreased.

    This can be felt every day in Australia’s cities. We see it in declining investment in community infrastructure – everything from a lack of public transport to unaffordable housing. First in Sydney, then in other Australian cities, as well as across the world, civil society organisations – like churches, schools, unions, community and religious organisations – are rebuilding the power of civil society using community organising.

    Community organising is a way of working that trains and builds citizen leaders inside community-based organisations. Community organisers argue that in order to fix our cities we need to fix our democracy. That means we need to build strong and vibrant civil society organisations that act for the common good.

    Chicago-born Saul Alinsky was the grandfather of community organising. He first organised immigrants and industrial workers into a diverse coalition named the Back of the Yards Neighbourhood Council in the late 1930s. Alinksy created the Industrial Areas Foundation (IAF) to spread this success.

    Today, community organising coalitions can be found in more than 60 cities in countries around the world, including the United States, Canada, United Kingdom, Germany and Australia.

    The Sydney experience

    The Sydney Alliance translated community organising to Australia. The alliance was built slowly between 2007 and 2011, with a focus on one-to-one meetings across a remarkably diverse array of partners. These include the Catholic Church, the NSW Jewish Board of Deputies, the Cancer Council, the Uniting Church, Arab Council and the nurses’ union, among others. Partner organisations fund the Sydney Alliance and supply the people who lead it. These leaders are supported by a small team of community organisers.

    Community organising borrows from traditions as diverse as Catholic social teaching, the Jewish self-help tradition and union action. The alliance’s extensive community organising training uses texts as diverse as the Bible and Greek philosophy, then mixes those traditions with the experiences of social coalitions like Sydney’s Green Bans movement and modern-day heroes like Gandhi.

    The alliance’s first campaigns were local. The first victory was in Liverpool, in south-western Sydney, where community leaders from religious, union and community organisations advocated for the creation of ‘15-minute drop-off zones’ outside six medical centres in Liverpool City.

    In Glebe, churches and unions teamed up with the Glebe Youth Service to create local jobs for young indigenous men and women living in Glebe’s public housing estate. In 2013, this culminated in a 350-person assembly where Mirvac CEO John Carfi agreed to create an apprenticeship program for local men and women at the Harold Park Housing Development.

    With the 2015 NSW state election looming, the alliance spent 2013 running listening campaigns across the city. This work produced our election agenda, which was launched on March 26 at Sydney Town Hall. About 1500 leaders from the alliance’s 49 partner organisations came together to commit to running public campaigns that could improve transport, housing and job opportunities.

    The proposed solutions included:

     

    The alliance will hold a campaign of suburban assemblies in Sutherland-St George, Western Sydney, North Shore and Nepean. The campaign will climax with a 3000-person Accountability Assembly – most likely at the Opera House. The NSW premier will be invited to tell the assembly what he has done to progress each of these issues after 100 days in office.

    Making leaders and building relationships

    The Sydney Alliance is an advocacy organisation with a difference. Its primary purpose is to help thousands of community members develop into community leaders. We say leaders are made not born: the alliance provides training, teams and mentoring that can gently and intentionally support people from all walks of life to take on leadership roles in public life.

    The alliance is creating remarkable relationships between Muslims and Christians, unionists and Catholics, schools and synagogues. It is also breathing new life into those organisations, by providing them with a means to not just talk about the things that worry them but do something about it. A similar organisation is growing in Brisbane called the Queensland Community Alliance. There is also interest in community organising in places as diverse as Adelaide, Melbourne, Auckland and Newcastle. Civil society may have its work cut out for it, but in Sydney and Australia it is making a comeback.

    Amanda Tattersall is the founding director of the Sydney Alliance, a coalition of religious organisations, unions, educational organisations and community organisations.  She has published Power in Coalition, the first international comparison of how coalitions are built.  She has an Arts/Law Degree with Honours, and the University Medal for Law at University of Technology Sydney. She was President of the National Union of Students, co-founder of Labor for Refugees (and for a time a member of the ALP), and completed her PhD both at the University of Sydney and as a fellow at Cornell University.

    This article was part of a series published by Australia 21. The series was entitled ‘Who speaks for and protects the public interest in Australia?’ See www.australia21.org.au

  • Michael Gracey. Risks of Closing Remote Aboriginal Communities.

    Forced dislocation from traditional homelands in the late 1960s and early 1970s made many Aboriginal families and groups move, for the first time, to small towns in the north and north-west of WA. This drift to strange environments with access to alcohol and living close to people from different backgrounds, languages and alien beliefs and behaviours, had dire and long-lasting social consequences as well as negative impacts on health and well-being and contact with the police. This came with a price to the general community as well as to those who were displaced.

    The controversial proposal by the Federal and WA governments to close or remove essential services from dozens of small Aboriginal communities in WA’s remote north runs a real risk of repeating the mistakes made 40 years ago. Some Indigenous people in such communities have not experienced life beyond their traditional homelands, some of these people have limited English language skills, maintain their ancient customs, beliefs and rituals, and many have never been exposed to alcohol. The inevitable drift to towns or their fringes that would follow this forced, abrupt change to their way of life will bring immense pressures on them. This will expose these internal refugees to the real risks of an alien environment and almost certainly bring harmful impacts to their well-being in social, emotional and health terms. As with the disaster of 40 years before there would be real costs to the governments and a need for public services to manage the mess.

    If the governments’ proposal goes ahead, these risks and their consequential costs must be assessed very carefully beforehand in an open, consultative process. If this does not occur, the harm that follows will undoubtedly bring a savage and long-lasting backlash. It could also further tarnish Australia’s reputation wider afield in its record of handling issues affecting the First Australians.

    Michael Gracey AO is a Paediatrician who has worked with indigenous people, communities and organisations for over 40 years, particularly in the far north of WA. He was Principal Medical Adviser on Aboriginal Health in the Department of Health in WA for more than a decade and was Australia’s first Professor of Aboriginal Health at Curtin University in Perth. He has also been President of the International Paediatric Association.

  • Spencer Zifcak. The Martin Place Siege

    I first came across Man Haron Monis, the Sydney siege gunman, in early 2013. The High Court of Australia had just handed down an important new decision on the breadth of the protection the Australian Constitution provides for freedom of expression. The facts of the case centred upon offensive letters sent to the parents of Australian soldiers killed in Afghanistan. The issue was whether sending offensive letters through the post to the private addresses of parents could properly be regarded as an exercise of constitutionally protected free speech. The person who sent the letters was Monis.

    In one letter, he described a soldier son as having murdered civilians. He likened the soldier to a dirty animal. He described the son’s body as the dirty body of a pig. He wrote that the son’s moral culpability was no less reprehensible than Hitler’s. Justice Heydon described the communications as ‘sadistic, wantonly, cruel and deeply wounding blows during the most painful days of parents’ lives’.

    He seemed to me to be deranged – not necessarily mentally ill but nevertheless profoundly disturbed, the disturbance having a distinctly paranoid character. I thought to myself that this is a person who should probably be watched.

    What we have learnt subsequently confirms that impression. Monis described himself as a sheikh but had no qualifications to be one. It appears that he had engaged in criminal fraud in Iran prior to obtaining refugee status in Australia. He owned a rifle, but no one seems to know in what lawful capacity he was able to obtain one.

    He uploaded a photo of the ABC’s religion presenter, Rachel Kohn, under the heading ‘You Will Pay the Price’, after she described him as an Islamic renegade. He described the deaths of people in the Victorian bushfires as Allah’s revenge upon Australians because the Government had not opposed the death penalty for the Bali bombers.

    He placed advertisements in local newspapers, holding himself out as a spiritual consultant. This rather brought him undone as he was later charged with forty offences of sexual and indecent assault many of which arose from his ‘consultations’. Early in 2014, he was charged with being an accessory after the fact to the murder of his former wife who had been beaten and set alight. Yet he wasn’t on ASIO’s surveillance list.

     

    There has been a lot of discussion since the Sydney siege as to whether Monis was a terrorist or, more prosaically, had committed a murderous crime. This is splitting hairs. The act was terrifying and people died. Whether Monis acted as a ‘lone wolf’ terrorist, or as a deranged criminal, doesn’t seem to count much when weighed against that.

    It is relevant, however, in determining how the siege could have happened and what might be done to prevent similar shocking events in the future. It is almost certain that Monis acted alone. It is also clear that he had had several encounters with the law that could reasonably have led one to the view that he was manipulative, religiously extreme, conscienceless and had a propensity towards violence. He should never have got a gun.

    Monis was on bail for serious criminal offences. Being charged as an accessory after the fact to murder is not nothing. Nor is the allegation that one may have engaged in multiple instances of sexual and indecent assault. Apparently, one reason that bail was granted in relation to the accessory charge was that the Magistrate decided that the case against Monis was weak. Another was that the prosecution did not oppose bail, even on the murder-related charge. Extraordinarily, Monis’ girlfriend, the person charged with the murder, also obtained bail.

    Without being in court to hear the evidence provided, it is difficult to disagree with the Magistrate’s decision. It might have been a reasonable one in the circumstances.  Nevertheless, had it been me in the chair, at the very least I would have put the totality of the charges to the defence and the prosecution and asked them to explain clearly and persuasively how it was that each thought that bail was appropriate. And I would have questioned Monis.

    The NSW Attorney-General has asserted that had his proposed reforms to the Bail Act, been in force, Monis would not have been given bail. These reforms provide that any person charged with a serious crime would be required to prove that they were not a danger to the community. Reversing the onus of proof in a criminal matter is hardly ever desirable as it requires the person concerned to demonstrate a negative. How does one prove that one will not be dangerous? Better to leave it to the prosecution to make the case that one is likely to be.

    So, what are we to do about ‘lone wolf’ terrorists? The honest answer appears to be that nobody knows. The US Attorney-General, Eric Holder, remarked recently that ‘that is the thing that keeps me up most at night, this concern about the lone wolf who goes undetected.’

    Without knowing the details, it seems clear that ASIO has managed to break up a number of terrorist cells that had been in the course of planning terrorist attacks. A small but not insignificant number of individuals have been subsequently tried and convicted. The irony (thankfully) is that it is more likely that terrorist plots will be foiled when they are planned on a large scale and involve several actors, than when all that is involved is a a random plot devised by a psychopathic zealot. The ‘lone wolf’ may communicate with no one and, planning alone, may evade suspicion and detection altogether.

    Turning to a present political controversy, the comprehensive retention of metadata, as currently proposed by the Federal Attorney-General, Senator Brandis, may assist in establishing a pattern of activity by an individual or group that alerts law enforcement officials to the possibility of a terrorist attack. That fact, however, does not provide a complete justification for access to every Australian’s data.

    Individual privacy is important. It forms a component part of what it is to live in a free and democratic society. We dismiss its significance at great peril.

    By all means require ISPs to retain individuals’ metadata for two years. But do not allow law enforcement agencies to access it without prior, independent judicial review. A judge should not agree to the provision of access to an individual’s private internet or telephone activity unless it can be demonstrated that there is a reasonable suspicion that the targeted person may engage in criminal or terrorist activity.

    It is unlikely that the examination of metadata would have netted Mon Haron Monis prior to his siege. As a lone wolf, not even his girlfriend may have been aware of his terrible plan. And he wasn’t on a watch list when patently he should have been.

    In the end, however, more terror laws aren’t going to cut it. Radicalisation must be tackled from its outset. One place to start is at school.

    Every school, primary and secondary, private and state, should be required to teach civics in the context of democracy, political plurality and cultural diversity. The communication of hatred, intolerance and discrimination in schools on racial, religious or ethnic grounds should be prohibited. The study of comparative religions, including secular morality,  should be strongly encouraged. The exposure of children to a wide and balanced diversity of political, social and cultural opinion should form an imperative part of every school’s curriculum.

    This won’t stop the spread of terrorism now. But it could make us safer and more respectful of each other in the foreseeable future.

    Spencer Zifcak is Professor of International Human Rights Law

    This article first appeared in Arena, no 134, 02-2015 – 03-2015.

    See www.arena.com.au

     

     

     

     

     

     

     

     

     

     

  • Spencer Zifcak. Proportionality Lost: Australia’s New Counter-Terrorism Laws. Part 2

    The Foreign Fighters Bill

    The second tranche of counter-terrorism legislation introduced by the Attorney-General, Senator Brandis, late last year was contained in the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill. This Bill (now passed into law) amended several Commonwealth Acts, most notably the Commonwealth Criminal Code. The primary purpose of these new laws is to enable the investigation, arrest, prosecution and punishment of people supporting foreign conflicts.

    1. Foreign Incursion Offences

    Each of the foreign incursion offences pivots upon the definition of ‘to engage in hostile activity’. A person engages in hostile activity in a foreign country if they engage in conduct intending to:

    overthrow the government of the country, or any other country, by force of violence; or

    subvert society in that or any other country; or

    intimidate the public in that country or any other country.

    This definition substantially expands the one formerly contained in the Crimes (Foreign Incursions) Act 1978. The expansion is achieved by the inclusion of the subversion and intimidation components. Consequently, every offence added to the Criminal Code Act, which turns on the broader conception of ‘engaging in hostile conduct’ has a much expanded scope from that in existing foreign incursion laws.

    So, for example, in the former law the penalty for incursion into a foreign state with the intention of engaging in hostile activity was 20 years. In the new law, the penalty for the more widely defined offence is life imprisonment. Similarly, the former law provided for a penalty of 10 years imprisonment for actions in preparation for hostile activity, whether or not that hostile activity occurs. In the Foreign Fighters legislation, the much broader offence again attracts a life sentence. The idea that preparatory conduct will attract a life sentence is of particular concern. It might, for example, catch a family member in Australia whose only relevant act is sending medicines to a relative engaged in an incursion abroad.

    ‘Subverting society’ is also defined extraordinarily widely. It may for instance apply to serious damage to any property, serious interference with an information system or a serious disruption to transport infrastructure. Such activities may legitimately be criminalized but the attachment of a life sentence to them is manifestly excessive.

    Importantly, too, the new subversion offences are not tied directly to terrorism. Subversive activity encompasses a range of actions that need neither be intended to influence a government by intimidation nor be motivated by the advancement of a political, ideological or religious cause. Subversion takes in the disruption of electronic, communications, transport and postal systems and any and every infringement of property rights, whether or not they form part of a terrorist attack. To avoid substantial legal over-reach, therefore, these offences must be tied directly to the explicit definition of a terrorist act in the Commonwealth Criminal Code.

    To appreciate the breadth of what is proposed, one might take another Timorese example. An East Timorese person who had been granted Australian citizenship or permanent residency and who returned to East Timor in the 1990s to participate in the rebellion against the genocidal Suharto regime’s oppression of the country would have been caught by the Foreign Fighters law and faced a life term. Jose Ramos Horta was resident in Australia for some time while carrying on his diplomatic work in pursuit of Timorese independence at that time. No doubt his activities consisted of advocating for, making preparations for and supporting the commission of hostile activity against the Indonesian government. It would have been a pity, given his subsequent receipt of the Nobel Peace Prize, if he had had to serve a long term of imprisonment in Australia.

    1. Declared Area Offences

    The problems attached to overly broad ministerial discretion are illustrated graphically by the offences attached to travelling to ‘no go zones’. Pursuant to the Foreign Fighters law, it is an offence for a person to enter an area in a foreign country that has been declared by the Minister for Foreign Affairs as a no-go zone, where the Minister is satisfied that a listed terrorist organization is operating there. To enter or remain in a declared area attracts a penalty of 10 years imprisonment.

    The relevant provisions create a list of exceptions that include, for instance, cases in which a person has entered an area to engage in humanitarian or journalistic activities or for bona fide family reasons. The exceptions are narrow however. They may not, for instance, cover business travellers, pilgrims, adventurers, ill informed tourists, people who enter inadvertently, people in transit, others who have gone to visit or support friends and so on. The exception for journalists extends only to those who are working in a professional capacity. Social media correspondents, bloggers, researchers, independent cameramen and others are unlikely to fall into the professional category.

    A person picked up in a declared area is also placed at a significant legal disadvantage. To make out a case against her, a prosecutor need only demonstrate that she has been found in a zone, and that the Minister has declared the zone. Once those two requirements have been met, it becomes a matter for the accused to prove that she falls within a lawful exception. Not only that, but she is required to demonstrate that the excepted purpose for her presence in the zone is the sole purpose for her being there.

    This is not strictly a case in which the presumption of innocence is negated, but it comes pretty close. The accused person must prove that they are in an area for a legitimate reason rather then the prosecution having to demonstrate that the accused’s purpose falls outside the mandated exceptions. Further, for a person to prove a negative, that is that they are not in an area for a nefarious purpose, presents formidable evidentiary difficulties.

    The declared area offence should be excised from the legislation. Alternatively, the parliament should include a general defence for a person who has travelled to the area for an innocent purpose which nevertheless falls outside the present narrowly defined, legitimate reasons for travel.

    Conclusion

    It will be clear that in critical respects the new counter-terrorism laws are a disproportionate response to real but manageable threats. While it is highly unlikely that the laws canvassed here will be reviewed in the foreseeable future, a number of supplementary reforms should be considered. These would strengthen the mechanisms through which the legislation could be continuously reviewed and amended when that is found necessary.

    A new person should be appointed to the Office of the Independent National Security Legislation Monitor immediately. The Office of the Inspector-General of Intelligence and Security should be given stronger powers to monitor Australia’s domestic and international intelligence agencies particularly in relation to their conduct of special intelligence operations. The Parliament’s Joint Committee on Intelligence and Security should report annually on issues and problems arising from the implementation of counter-terrorism laws.

    It is imperative that the laws analyzed here should be subject to sunset terms of no longer than three years. The great problem with counter-terrorism legislation is that no government will ever wish to court the blame for a terrorist attack if ever it occurs. There is consequently, no political incentive for such legislation ever to be repealed. With all its disproportionality and violations of civil liberties, it will stay on the books indefinitely unless, by law, it must be brought to an end when national security and human rights considerations suggest that it is justified to do so.

    Spencer Zifcak is Professor of International Human Rights Law

    This article first appeared in Arena, see Terror Laws: Arena, No 133, 12 2014-01 2015.  www.arena.com.au

  • Spencer Zifcak. Proportionality Lost in Australia’s new Counter-Terrorism Laws. Part 1

    The Attorney-General, George Brandis, crashed two major tranches of counter-terrorism law through federal parliament recently. As always there are two problems with such an approach: overkill and error. Both tranches demonstrate these deficits in abundance.

    It’s important to say that in Australia the threat of terrorist attacks is real. So is the danger posed by fighters returning trained and hardened in Middle Eastern conflicts. The threat and the danger have undoubtedly increased because of the Government’s military commitment to a third Iraq war. The case for some new security laws, specifically targeted at clearly identified threats, is persuasive.

    However, new law requires careful deliberation, particularly if it infringes on civil liberties. In this instance it didn’t get it.  Consequently, the parliament has adopted counter terrorism laws that are loosely drafted, disproportionate to the threats they are designed to deter, and that violate human rights unnecessarily.

    In this article I deal with the National Security Legislation (Amendment) Bill.  In the next I consider the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill.

    The National Security Legislation (Amendment) Bill

    The National Security Legislation Amendment Bill (No.1) gives ASIO officers immunity from prosecution for criminal activity in which they may engage in the course of ‘special intelligence operations.’ It creates new offences and severe penalties for the disclosure of information that relates to these operations.

    1. Special Intelligence Operations

    The National Security Bill defines a ‘special intelligence operation’ as one established to carry out special intelligence functions in the course of which an ASIO officer or affiliate may engage in criminal conduct or commit a civil wrong. A special intelligence function is one carried out for the purpose of obtaining evidence that may lead to a prosecution for a serious Commonwealth offence. That means, for example, that if during the course of a special intelligence operation an ASIO officer beats up an innocent party or negligently causes them harm, s(he) will be immune from criminal prosecution or any claim for damages.

    Nevertheless, special intelligence operations are subject to legal limitations. An operation, tautologically, must be one that will assist ASIO in the performance of a special intelligence function. The unlawful conduct involved in undertaking an operation must be limited to the maximum extent consistent with conducting an operation effectively. The conduct involved must not cause death or serious injury to any person; involve a sexual assault; or result in serious damage to property. An authorized officer must assess and approve a special intelligence operation prior to its commencement.

    Even this brief description makes it plain that the special intelligence operation provisions travel far more widely than is consistent with the rule of law. It is unacceptable in principle and practice that ASIO officers should be immune from prosecution for crimes they commit. This violates the fundamental constitutional principle that every person should be treated equally before the law.

    The safeguards set in place with respect to the commission of crimes are weak. Unlawful conduct is confined to that required for the successful implementation of an operation. This is no real safeguard at all. The greater the perceived importance of the operation, and the greater the risk in effecting it, the greater the latitude for criminal behavior will be.

    Criminal and civil immunity may be provided so long as agents’ conduct does not cause the death of, serious injury to, or the commission of a sexual offence against a person. So, causing injury to a person may be permissible as long as it is not serious injury. Where the line between serious injury and injury is to be drawn is anyone’s guess. The limitation is expressed broadly. Consequently, it could mean that a person may still obtain immunity where (s)he engaged in conduct that was likely to result in, death, serious injury or sexual violation, but did not ultimately engender those consequences. That is insupportable.

    Given the clear dangers attached to the conduct of special intelligence operations, not only to ASIO officers but also to members of the general public, one would have expected substantial safeguards to be attached to their authorization. Instead authorization is left to the Director-General or Deputy Director-General of ASIO alone. Plainly, they are judges in their own cause. Authorization should reside with real judges. A judicial warrant should be required to authorize a special intelligence operation. The case for authorization should be subject to scrutiny by a judge of a federal court who can assess an ASIO application independently and impartially. As an additional safeguard a Public Interest Monitor should be appointed to adduce relevant evidence and test each case made by ASIO prior to a judicial decision on a warrant being issued.

    1. Information Disclosure and Freedom of the Press

    The National Security Amendment Bill (No.1) prohibits the disclosure by any person of information that relates to a special intelligence operation. It is worth citing the provision in full:

    35P. Unauthorized disclosure of information
    A person commits and offence if:

    The person discloses information; and

    The information relates to a special intelligence operation.
    Penalty: Imprisonment for 5 years.

     

    This provision could slam the door on investigative journalism. Press freedom exists in part to ensure that government agencies can be held to account for their actions. The accountability principle applies to intelligence organizations no less than to any other entity in the machinery of government. S.35P is a concerted attempt to undermine it.

    Take the fiasco of ASIS’s covert recording of the deliberations of the Timor-Leste’s Cabinet. The recording was of the Cabinet’s discussion of legal arguments to be put before the International Court of Justice in Timor’s case against Australia concerning the division of proceeds from oil exploration in the Timor Sea. Journalists alerted by Timor-Leste’s Australian lawyer made the existence of the recording public. The AFP raided the lawyer’s office and legal documents related to the case were confiscated. The Court delivered Australia a stern rebuke.

    Now under s.35P, if this had been declared a special intelligence operation, the lawyer and journalist who reported upon the ASIS operation could both be subject to prosecution and substantial terms of imprisonment. As a result, no one would have known about the bugging which, in the legal circumstances that prevailed, was scandalous. No questions would have been asked, no answers required. Accountability would have been defenestrated.

    Journalists and whistle-blowers often work in tandem to obtain and expose information about governmental corruption and malfeasance. This activity is clearly in the public interest. Journalists cultivate knowledgeable and expert sources all the time. They promise sources that their identity will not be revealed. They receive and evaluate confidential information. They question and determine its veracity and reliability. They balance the merits and demerits of disclosure.

    S.35P, however, is likely to chill these crucial investigative activities. Journalists, lawyers and others who come into possession of specialist intelligence information may be prosecuted not only when they intend to disclose that information but also if they are reckless as to the possibility of its disclosure. All the government now needs to do to stop such disclosures is to warn media organizations that matters in which journalists have an interest may relate to special intelligence operations. Because these are secret, the media will be unable to verify that assertion. And no one will be willing to risk imprisonment for publishing related information for fear of being prosecuted for reckless release. Press freedom, and the accountability that it generates, will be damaged severely.

    S.35P should be repealed in its entirety.

    Part 2 will be posted tomorrow.

    Spencer Zifcak is Professor of International Human Rights Law

    This article first appeared in Arena, see Terror Laws: Arena, No 133, 12 2014-01 2015.  www.arena.com.au

  • Brian Johnstone. The execution of Andrew Chan and Myuran Sukumaran.

    The deaths of these two men now appear to be inevitable.  The key argument of President Joko Widodo is that this lethal means (death by firing squad) is justified for the purpose of saving his people from the addiction and death caused by drugs. The Indonesian government claims that, in that country, approximately 50 victims of drugs die every day.  The number of persons who die each year as a consequence of drugs in Australia is around 1,500.  The damage to lives from drugs is amply documented by the recent book by Dr. John Sherman and Tony Valenta, Drug Addiction in Australia (Melbourne, 2015). There can be no denying the harm caused by drug trafficking; the moral question is whether capital punishment is an effective and morally acceptable way of dealing with it.

    It seems that most Australians strongly oppose this execution. In the case of the Bali bombers of 2002, the then Prime Minister John Howard did not oppose their execution by Indonesia, nor did the then leader of the opposition Simon Crean.  As Prime Minister Kevin Rudd declared the Bali bombers “deserve the justice that will be delivered to them.”  These statements open Australia to accusations of inconsistency.  The present Prime Minister Tony Abbott has been forthright in his opposition to the execution of Chan and Sukumaran.  But to counter the charge that we are only defending our own we need to base our arguments on principles that transcend individual and national interests and are universally applicable.

    The main line Christian churches have traditionally supported the right of the state to inflict the death penalty for serious crimes, but in recent times they have adopted much more restrictive positions.

    The present position of the Catholic Church was spelled out by Pope John Paul II in his encyclical letter, The Gospel of Life, par. 56.

    “[Legitimate defence] is the context in which to place the problem of the death penalty. On this matter there is a growing tendency, both in the Church and in civil society, to demand that it be applied in a very limited way or even that it be abolished completely. The problem must be viewed in the context of a system of penal justice ever more in line with human dignity and thus, in the end, with God’s plan for man and society. The primary purpose of the punishment which society inflicts is “to redress the disorder caused by the offence”. Public authority must redress the violation of personal and social rights by imposing on the offender an adequate punishment for the crime, as a condition for the offender to regain the exercise of his or her freedom. In this way authority also fulfils the purpose of defending public order and ensuring people’s safety, while at the same time offering the offender an incentive and help to change his or her behaviour and be rehabilitated.”

    “It is clear that, for these purposes to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not to go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.”

    Pope Francis sought to narrow further the range of exceptions on this ground. In a meeting with representatives of the International Association of Penal Law on 23 October 2014,   the Pope said “It is impossible to imagine that states today cannot make use of another means than capital punishment to defend people’s lives from an unjust aggressor.”

    There are three arguments that can be applied to capital punishment: retribution, deterrence and defence.  The argument for retribution comes in two main versions. The first appeals to a notion of a moral order of justice in the world. According to this way of thinking a crime damages the order.  Justice requires the criminal to pay a penalty to repair the damage or, as is said, to “expiate” his crime.  Where the crime is serious the state has the right and duty to compel him to pay by imposing on him the penalty of death. Many now find it hard to understand how death that is inflicted on the criminal can serve this purpose.

    The second version appeals to feelings of satisfaction.  Relatives of the victim sometimes claim they cannot feel “closure” until the criminal has been executed.  Critics would argue that this is more like revenge than true justice.  Revenge means seeking the harm of another who has harmed one for one’s own individual satisfaction rather than for the sake of justice. As for deterrence, it is now generally accepted that capital punishment is not effective.

    The third argument is based on defence; there are two key points. The first point is the value to be defended; this is no longer an abstract moral order in the world, but the intrinsic dignity of human persons.  Intrinsic dignity refers to the capacity of the person to flourish.  The role of the state is effectively to defend and promote the dignity of the persons for whom it is responsible. The second point is the appropriate means of this defence.  There could be circumstances in which effective protection of persons requires force, and the application of force may cause the death of the aggressor.  In such a case the aggressor is responsible for his own death.  But in modern conditions there are adequate means of protecting persons against an aggressor, namely imprisonment.  Furthermore, respect for the intrinsic dignity of the person of the aggressor requires that he not be treated in such a way that he can no longer flourish as a person.

    The state ought to allow him to redeem himself by contributing to society, for example, by counselling others as Chan and Sukumaran have been doing.

    Brian Johnstone is a Catholic Priest who taught moral theology in Rome for nearly 20 years. Currently he teaches at the Catholic University in Washington. 

  • Safdar Ahmed. A moving inside story about detainees in the Villawood Detention Centre.

    Safdar Ahmed has sent to me a very moving and powerful online comic book about life in the Villawood detention centre. The press release which he issued, follows.  John Menadue

    A new graphic novel depicts life inside the Villawood Detention Centre

    A documentary web-comic by Safdar Ahmed depicts the stories of asylum seekers and refugees inside Sydney’s Villawood detention centre. [Villawood: Notes From An Immigration Detention Centre LINK] depicts the testimony of people from Iran, Iraq, Afghanistan and Sri Lanka, including men, women and teenagers. Some of those included are long-term detainees who have been detained for up to five years.

    Ahmed has conducted art workshops inside Villawood for the last four years. ‘My web-comic draws upon the tradition of underground comics, which encourages a level of self-reflexivity’ he said. ‘It describes my impressions of first entering the centre and is subjective in the way it is drawn: in the line-work and choice of imagery.’

    The comic shows the disempowerment experienced by refugees in detention and the methods employed to survive and resist it. A chapter recounts the death of Ahmad Ali Jafari, a young Afghan refugee who suffered a heart attack within the centre in 2013. Forms of resistance depicted in the comic include acts of non-compliance, self-harm and one refugee’s participation in a rooftop protest.

    ‘Where it fits the narrative I’ve inserted some artwork by refugees, which was made in the workshops that I’ve facilitated’ said Ahmed. ‘It seemed like a good way to bring the direct self-expression of refugees into the comic, instead of having me speak exclusively on their behalf.’

    Safdar Ahmed is an artist and director of Refugee Art Project. Academic in Islamic studies, author of Reform and Modernity in Islam.

    Reporting on this story was made possible with an independently awarded grant from GetUp’s Shipping News project.

    To see comic book, click on link below.

     https://medium.com/@safdarahmed/villawood-9698183e114c

  • Elaine Pearson. Time for an Asia-Pacific Anti-Death Penalty campaign.

    Many Australians are sickened that Andrew Chan and Myuran Sukumaran, two Australians sentenced to death by Indonesia’s courts for drug smuggling, have been transferred to an Indonesian island in preparation for their imminent execution.

    They are slated to be executed alongside three Nigerians, a Filipina, a Brazilian, a Frenchman, a Ghanian, and an Indonesian.

    “I am sure that Indonesia understands it will have consequences,” Australian Foreign Affairs Minister Julie Bishop told journalists.

    But the Indonesian-Australian relationship has been so fraught with tension lately it’s unlikely that unilateral measures Australia could take – like recalling the ambassador or suspending trade deals – will make any difference.

    Instead, Australia should jumpstart a campaign to reject the death penalty across the Asia-Pacific, educating the region’s populations in how the death penalty has failed to deter crime and been unjustly applied, and gradually building pressure against the practice.

    These are universal values, not Australian values. The United Nations opposes the death penalty. The UN General Assembly has passed resolutions year after year calling on countries to suspend use of the death penalty with a view to its abolition. UN Secretary-General Ban Ki-moon has said “the death penalty has no place in the 21st century” and urged Indonesia to reconsider these executions.

    Australia should partner with the United Nations and anti-death penalty countries like the Philippines and Cambodia in this initiative, targeting countries that continue to execute people – China, Malaysia, Singapore, Thailand, and Vietnam – as well as Papua New Guinea and Brunei who are taking steps to bring the death penalty back.

    For this to work, people across Asia need to be mobilized. It’s not only Australians who are disgusted by this inhumane practice. Reaching out to and building support among Asians and Pacific Islanders should help to end this cruel and inhumane punishment once and for all.

    Elaine Pearson is CEO Human Rights Watch, Australia.

     

  • Graham Freudenberg. Gough Whitlam Commemorative Oration.

     You will see below what I think is a remarkable speech by Graham Freudenberg about Gough Whitlam’s contemporary relevance.  This oration is much longer than I normally post on this blog, but it is an outstanding oration which I am sure you will enjoy.  The Whitlam Institute will also be publicising this oration.  John Menadue

    THE WHITLAM INSTITUTE

    GOUGH WHITLAM COMMEMORATIVE ORATION

    “Contemporary Relevance, comrade”:

    Gough Whitlam in the 21st century

    Graham Freudenberg

    St Kilda Town Hall, Melbourne, 4 March 2015

     

    Let me begin by doing what I did for the best part of my career, and re-cycle a speech by Gough Whitlam.  It was his first major speech in the House of Representatives on international affairs, in days when they actually debated foreign policy in the Australian Parliament – on 12 August 1954.  That was another world.  Yet this speech goes to the heart of my assertions about the contemporary relevance of Edward Gough Whitlam.  In style and substance, in his zest for the cut and thrust of parliamentary debate, for the sweep of its ideas, its challenge to prevailing orthodoxies – and for its optimism – it is quintessential Whitlam.  He made the speech soon after the Geneva Conference in 1954 had given the West a new chance for good sense over China and Vietnam; instead, alas, the lost opportunity of Geneva became a disastrous wrong turn for the United States and Australia. Whitlam had been a member of parliament for less than two years.  His star was just rising in the Labor Party, itself on the threshold of the Great Split.  I’ll quote just a few of his opening lines, to give the flavour:

    In the exciting and rapid movement of events during the last few months, the Minister for External Affairs [Mr Casey] has twice circumnavigated the globe in the steps of his model, Mr Eden, and his master, Mr Dulles [UK Foreign Secretary and US Secretary of State respectively].  Though the Minister saw fit to make statements to the newspapers in the United States of America and in other parts of the world, he did not say anything to the Australian press.  The only Minister who has seen fit to make any statement on international affairs has been, of all people, the Postmaster General (Mr Anthony)  [Doug Anthony’s father, that is], who three weeks ago addressed the annual conference of the Queensland branch of   the Australian Country Party.  In haranguing that rally of rustics, the Postmaster General declared that we Australians cannot live in peaceful co-existence with the Communists in this cold war.  That pronouncement, fortunately, was in direct contradiction of statements that had already been made by President Eisenhower, of the United States of America, and Sir Winston Churchill, the British Prime Minister.  The declaration of the Postmaster General has been emphatically repudiated in this House by the Prime Minister [Mr Menzies] and the Leader of the Opposition [Dr Evatt].  As a consequence of that rash utterance, the Postmaster General, whose health in recent months was deemed to be rapidly qualifying him for a diplomatic post, has rendered himself persona non grata  to every head of State except President Syngman Rhee of the Republic of Korea, and Generalissimo Chiang Kai-shek, the leader of the Chinese Nationalist Government [on Formosa].

    When, more than a decade later, I came to read all Whitlam’s early speeches with a professional eye, time and again I found myself thinking “I wish I could say things like that”.  So I did.

    But what could be the possible relevance of a speech made by a Labor backbencher more than 60 years ago, when Churchill was still Prime Minister of Britain and when Menzies still had more than eleven years to go as Prime Minister of Australia?  Well, this was the speech in which Whitlam first called for recognition of the People’s Republic of China, nineteen years before he achieved it.  In particular, he insisted that China’s sovereignty over Taiwan (Formosa) must never be allowed to become a cause for war with China, inevitably a third world war, inevitably a nuclear war.  Whitlam was daring to assert that the views and interests of Australia might not always be the same as those of the United States.  His propositions will be as relevant to our relations with China and the United States over the next 60 years as they were 60 years ago.  Further, he made an eloquent connection between hopes for democracy in our region, then in the throes of decolonisation, and the preservation and enhancement of parliamentary democracy in Australia – his life-long cause, from which all else flowed.  It was a speech marked by his special capacity to make connections between the wider world, the region around us, and Australia’s own standing and conduct.

    And this speech, not only in its content but in its approach, attitudes and insights, the breadth of vision enhanced by his attention to detail, provides a sub-theme for everything I say tonight:

    Gough Whitlam’s contemporary relevance lies not only, or even so much, in the actual policies and issues he placed on the Australian political and social agenda, but in the educative process, based on reason, relevance, knowledge and foresight, by which he reached them.  And perhaps most relevant of all to these times, for all of us as Australians, his challenge to conventional wisdom, the prejudices and fears of his times.

    And that included emphatically obsolences and obstructionism in Labor thinking.  I don’t pretend to be able to answer the question: “What would Whitlam do if he were the Labor leader today?”  I’m certainly not purporting to tell Bill Shorten and his colleagues: “This is how Gough would do it”.  But perhaps I can shed some light on what I believe would be his approach and attitudes to the very complex questions facing Australia and the Labor Party in today’s “rapid and exciting movement of events”.

    There is no place more fitting to do this than Melbourne.  I take the opportunity to make amends for an omission in my accounts of the life and times of Edward Gough Whitlam.  In my brief eulogy at the Sydney Town Hall on 5 November last year, for instance, I identified the central importance of his relationship with Werriwa, for 25 years his electorate in the outer Western suburbs of Sydney.  And he himself always acknowledged the impact of being a teenager in Canberra, as it struggled to grow into the national capital after the move from Melbourne in 1927.  But it should never be overlooked how much of Melbourne there was in Gough Whitlam.  It is not just the fact that he was born here – on 11 July 1916 – and spent the first five years of his life here.  The greatest single influence of his life was his father, Harry Ernest Frederick Whitlam, later Commonwealth Crown Solicitor; and Fred Whitlam was Melbourne through and through.  His influence on his son was steeped in the old Melbourne liberal/radical tradition.  Its strength, paradoxically, retarded the early growth of the Labor Party in Victoria. There was a remarkable revival of that tradition through the flourishing of the Fabian Society in the late fifties, sixties and beyond; and the Fabian relationship with the rise of Whitlam is an important part of the larger story.  “Among Australian Fabians, I am Fabius Maximus”, he said.  Though I myself believe the title properly belongs to Race Mathews.

    Gough returned to Melbourne, in thought, towards the very end.  When much in that mighty memory was fading, he would recall to his faithful visitors to his William Street, Sydney, office, like John Faulkner and John Menadue, that when he was 17 or 18 he took his grandmother to the new Shrine of Remembrance in St. Kilda Road and read out to her – she was nearly blind – the name of the battlefield in France where her son, his uncle, had died.

    Even at the time of Gough’s death, the comment was still being made that it was strange, with his background, he should have become a Labor leader.  There used to be Tories who regarded him as a class traitor.  The truth is, with his upbringing, with such a father and his values, Gough Whitlam could never have been any other than Labor, in the Australian context.

    In November 1973, in the glow of his first year in office, Whitlam delivered the Robert Garran Memorial Lecture in Canberra.  His father had delivered the inaugural Garran Lecture in 1959, one great public servant honouring another, who had been his Melbourne mentor.  Whitlam quoted his father, who was speaking of Australia’s role in the United Nations:

    The task before Australia is honourable, and its efficient discharge would make for a dynamic peace; to it, all the resources, skills and energy that Australia can command deserve to be committed.  The honourable task, however, could become majestic, and infinitely inspiring, and the peace could become creative, deep and rich, and enduring, if there be added what I have termed Excellence, Excellence in all its fullness.

    That is Gough Whitlam quoting his father.  But he might just as well have been quoting himself.  Perhaps, given the closeness of their relationship, he was.

    I acknowledge my own debt to Melbourne.  Melbourne made me.  I arrived here as a 20-year-old reporter for The Sun, via newspapers in Brisbane, Sydney and Mildura, in 1955 – the year of the Great Labor Split and the beginning of the Bolte era in Victoria.  Anyone who believes that the fifties were dull wasn’t there.  I missed the transformational event of the 1956 Olympic Games because I had taken myself off to London for a year.  It was a watershed year: Khrushchev’s not-so-secret speech in Moscow denouncing Stalin; Nasser’s nationalisation of the Suez Canal and the Suez crisis; the Soviet invasion of Hungary.

    The Suez crisis was my political Road to Damascus.  Returning to Melbourne in 1957, I immediately joined the East Melbourne branch of the Australian Labor Party.  Arthur Calwell, then Deputy Leader of the Opposition under Evatt, was the member for Melbourne.  In 1961, I was given the opportunity of a lifetime when, by a wonderful combination of friends and flukes, I became Press Secretary to Arthur Calwell, by now the Leader of the Opposition,  and in 1967, to his successor Gough Whitlam.  When Whitlam made his famous or notorious “The impotent are pure” speech before the jeering delegates to the Victorian Labor Conference at the Melbourne Trades Hall in June 1967, Calwell watched the performance from the gallery and said to me in the vestibule afterwards: “You won’t be working for your new boss long now”.

    “Throughout my public life”, Whitlam said on the 30th anniversary of the It’s Time election, “I have tried to apply an over-arching principle and a unifying theme to all my work.  It can be stated in two words: contemporary relevance.  It was the fundamental test I applied, in particular to the development of Labor policy in the years before 2 December 1972.  There is a case to be argued that my government faltered whenever we lost sight of the principle or allowed the rush of events to subsume them.”

    Among the many fine and true things said at the Sydney Town Hall, I want to focus on a point made by Tony Whitlam.  He said that his father believed deeply in a strong two-party system.  The whole thrust of Whitlam’s career was to further his determination that the Labor Party should remain one of the two dominant forces within our parliament, either in government or able to form government, in its own right.  He saw strong, effective parties as the mainstay of parliamentary democracy.  The future of the two-party system and Labor’s role within it is now the big political question facing Australia today, not just the Labor Party.

    May I say here how much encouragement we draw throughout Australia from the victory of Daniel Andrews and the Labor Party in Victoria, so soon after Gough Whitlam’s death.  Like Neville Wran’s victory in New South Wales six months after the Dismissal, it had a galvanising effect and renewed our sense of what is possible.  As to the Queensland result, well, it shows that anything is possible.

    In his first statement on becoming Leader of the Federal Parliamentary Labor Party on 8 February 1967, Whitlam said:

    For the Labor Party, what is clearly at stake is its future role within the Australian parliamentary system …. Our actions in the next few years must determine whether it continues to survive as a truly effective parliamentary force capable of governing and actually governing.

    Nearly nine years later, almost on the eve of the Dismissal, in the middle of his tremendous battle against the Senate, the ultimate challenge to the very legitimacy of a reforming Labor Government, Whitlam delivered the Curtin Memorial Lecture at the ANU in Canberra (29 October 1975).  Speaking of his work before 1972, he said:

    I addressed myself to three principal tasks: to develop a coherent program of relevant reform; to convince a majority of Australians that those reforms were relevant to their needs and their lives; and to convince the Labor Movement as a whole that the parliamentary institutions were relevant in achieving worthwhile reform.

    “The great organisational battles between 1967 and 1970, particularly in Victoria”, he said, were essentially about that third task:  “It was the toughest of all”.

    Keeping bright the Whitlam legend does not require manufacturing myths about him.  The stakes in Victoria were high; and while both sides invoked high principles, in the end the resolution of the conflict involved number-crunching of the roughest kind.  Whitlam was not particularly adept at that game, but accepted its necessity.  He largely left it to others – Lance Barnard in his rise to the leadership; Rex Connor in his self-imposed contest for the leadership with Jim Cairns in April 1968; Clyde Cameron in the reconstruction of Victoria in 1970.

    So I want to emphasise that electoral and political calculations figured as largely with Whitlam as any other political leader.  It was not all altruism and crashing through.  To gloss over Whitlam as a practising, party politician, working the system with the best of them, is the surest way to make him irrelevant.

    Whitlam set out, from the first, to combat the defeatism which had settled on much of the Labor Party, particularly in Victoria.  Political necessity drove his defiant speech to the Victorian ALP Conference in June 1967:

    We construct a philosophy of failure which finds in defeat a form of justification and a proof of the purity of our principles.  Certainly, the impotent are pure ….. Let us have none of this nonsense that defeat is in some way more moral than victory ….. I did not seek and do not want the leadership of Australia’s largest pressure group.  I propose to follow the traditions of those of our leaders who have seen the role of our party as striving to achieve, and achieving, the national government of Australia.

    Whitlam was especially infuriated by the self-serving claim that the bosses of the Victorian Central Executive were the principled guardians of Labor’s opposition to Australian involvement in the war in Vietnam.  In his landmark speech of 4 May 1965, Calwell had explicitly acknowledged the unpopularity of Labor’s position, to be met, in what seemed on the day a devastating reply by Menzies, with the sneer “If I might end on a horribly political note, it is a good thing occasionally to be in the majority”.  This was the same speech in which Menzies’ total justification for the war was that it was “part of the downward thrust by China between the Indian and Pacific Oceans”.  By such simplicities did Menzies reign supreme.  After the debacle of the 1966 election, ostensibly because of Vietnam, but more because of the dire state of the Labor Party itself, Melbourne became the heart and soul of the Moratorium Movement under the memorable leadership of Jim Cairns.

    Whitlam, by contrast, antagonised the Labor Left by his dismissive attitude towards the Moratorium Movement.  He told that Victorian Conference in June 1967 that protests “would not save a single Australian life or shorten the war by a single day.  Our consciences should not be so easily salved.  The present government opposes all moves which might bring about negotiations, and is the first to applaud and endorse escalation of the war.  Therefore our aim must be to replace that government.”

    But Vietnam was not really the divisive issue for Labor.  The most potent source of division was far older – over a century old in fact.  It was the issue of State Aid for non-government schools, meaning, in practice, the Catholic parish school system.

    It must be hard for any Australian under 60 to grasp fully the sectarian bitterness and the political explosiveness surrounding this issue.  Even the phrase itself – “State aid” – barely registers today.  The Bishops and the Church, even with so powerful an advocate as Archbishop Mannix, had failed utterly to dent the bipartisan intransigence against State Aid – the Liberal Party still essentially a Protestant  party; the Labor Party, its traditional Catholic support notwithstanding.  The unravelling came after the Split when the breakaway DLP put a pro-State aid plank in its platform.  From then on and for the next decade, the Labor Left made opposition to State Aid the test of Labor orthodoxy.  This was the issue which was to provide Whitlam with a platform to secure representation for the parliamentary leadership on the Labor Party’s Conference and Executive, ending the “36 faceless men” controversy.    It produced Whitlam’s outburst against “the 12 witless men” of the ALP Federal Executive, and his near-expulsion from the party in 1966.  It produced his triumph at the 1969 Federal Conference in Melbourne which adopted his ground-breaking proposal for the Schools Commission, granting aid to all schools – government and non-government alike – on the basis of needs.  It produced the last ditch defiance of the old VCE, sabotaging Labor’s 1970 State campaign, and perversely giving Whitlam unmistakable grounds for Federal intervention; which in turn paved the way for Victoria’s decisive role in electing the Whitlam Government in 1972 and saving it in 1974.

    What were the qualities that rewarded Whitlam with such success after these long years of turmoil and confrontation?  Perseverance, of course.  Stamina, of course.  But there was something else – a characteristic approach to political problems, and his way of arguing them out.  “Only connect”, E. M. Forster wrote, and Whitlam was the master of making connections – from the particular to the general, linking the local with the regional, the regional with the national and the national with the international.  Or reversing the process, as when debating standards for education, health, housing or transport, he would start from the carefully crafted formula: “Countries with which we would choose to compare ourselves”.  Sometimes, this left only Canada.  In the case of State Aid, he comprehensively connected the whole education issue with party reform, policy reform and electoral success – “the party, the policy, the people” in John Menadue’s 1967 formula.

    I see this making of connections as the essence of the Whitlam approach and the key to his contemporary relevance.  Remarkable, too, was his melding of personal experience with public policy.  In her truly great biography, Jenny Hocking describes his learning curve on aborigines when he witnessed their treatment in Queensland and the Northern Territory during his wartime years in the RAAF.  I have already mentioned the connection between Whitlam, the member for Werriwa, and Whitlam’s policies on “Schools, hospitals, cities”, to use his shorthand for his Program, his deep understanding that Australia is a nation of immigrants, and all the opportunities and obligations which flow from that central fact, his passion for electoral reform, one-vote, one-value, and even the national sewerage program.  He himself dated his determination to modernise the Constitution from the failure of the 1944 referendum, broadening and deepening with his service on the Joint Parliamentary Committee on Constitutional Reform.  This seminal experience led him to focus on the connection between the Constitution and the Labor Platform.  He was exasperated by the way the Labor Party had allowed the High Court rejection of bank nationalisation under Section 92 in 1948 to become an excuse for policy stagnation.   He later put his attitude in this way:

    I was concerned by the way in which the Labor Party’s failure to move on, to look ahead, to attempt to find new ways towards reform, was short-changing the Australian people and short-changing the Party itself.  The Party became obsessed with the idea that rather than being about revival for the future, its purpose was to return to a more comfortable past – not renovation but mere restoration.  As a result, both the achievements of the past and the hopes for the future receded equally.  The Party stagnated and the Platform was stultified.

    There, in its most striking form, is Whitlam’s continuing challenge – to modernise the Party, to modernise the Platform, to modernise the Party’s place in a modernised Australia.  He wanted, of course, to modernise the Australian Constitution, and no Australian leader worked harder to achieve change by referendum.  Right to the end, he never gave up on this, despite the overwhelming evidence that change by the direct referendum route is almost always foredoomed in Australia.  Yet despite this, he achieved real change in the spirit of the Australian Constitution, in its interpretation and in the application of the Constitution as it exists to the implementation of Labor policy.  He never succeeded in altering the Constitution by a single line or letter, but he enlarged the Constitution like no other leader.  As in so much else, Whitlam was the Great Enlarger.

    He did it in three ways.

    First, by pointing the Labor Party to the parts of the Constitution which were relevant and achievable.  As he said in 1961, in his first Curtin Memorial Lecture:

    In our obsession with Section 92, which is held up as the      bulwark of private enterprise, we forget Section 96, which is     the charter of public enterprise.

    In that speech, too, he derided the most sacred of Labor’s cows, the socialist objective, as “weak, defensive and apologetic”.  At the same time, he was not apologetic about calling himself a socialist and was, in fact, the last Labor leader to do so.

    Second, in government, he widened the Constitution and its interpretation whenever his legislation was tested in the High Court, starting with the Hamer Government challenge to the Australian Assistance Plan in 1974.  He was justly proud of the fact that no Whitlam Government laws were ever held to be unconstitutional.

    Thirdly, most relevant of all, he enlarged the Australian Constitution by the use of the external power, and by enshrining key laws within covenants of the United Nations and the International Labor Organisation.  The Racial Discrimination Act is an outstanding example.

    And here I make the claim that the connections Whitlam made between what we do here and our standing in the world represents his distinctive expression of Australian patriotism – rational, authentic and deep patriotism.

    Let me give a specific example.  In two visits to Papua New Guinea in 1970 and 1971, as Opposition leader, he proclaimed independence for PNG by 1976.  In Government, he advanced the time-table by a year.  The independence ceremony in Port Moresby in September 1975 was the last time Sir John Kerr and Whitlam appeared in public together.  During the 1970 visit, his meetings with Michael Somare were tracked by ASIO.  After he addressed 10,000 Tolai at Rabaul, Prime Minister Gorton said he would have “blood on his hands” if there were any violence on the Gazelle Peninsula.  The Minister for Territories, CEB Barnes, thought PNG might be ready for independence in 25 to 100 years.  This was probably majority opinion in Australia.  Seven Australian Prime Ministers attended Whitlam’s Memorial on 4 November 2014 – with five Prime Ministers from PNG, including Michael Somare.

    How did Whitlam turn around Australia’s stance so completely, so quickly?  I remember vividly the day in Port Moresby in January 1971 when he dictated the thoughts which we worked up as the definitive statement on PNG independence:

    All Australians must now realize how damaging and    dangerous a reputation Australia’s present policies produce.  What the world sees about Australia is that we have an aboriginal population with the highest infant mortality on earth, that we have eagerly supported the most unpopular war    in modern times on the ground that Asia should be a      battleground for our freedom, that we support the sale of arms to South Africa, that the whole world believes that our immigration policy is based on colour and that we run one of the world’s last colonies.  We may profess our good intentions      and feel that we are victims of special circumstances but the combination of such policies leans heavily indeed on the world’s goodwill and on Australia’s credibility.

    The true patriot therefore will not seek to justify and   prolong these policies but will seek to change them.

    It is upon his determination to protect and advance Australia’s reputation and standing in the world that I stake my strongest claim for Whitlam’s contemporary relevance.  I deeply believe that if the Labor leadership had taken its stand clearly on Australia’s international reputation and international obligations on refugees from the beginning, in 2001, we would not have had fourteen years of this malignancy, eating away at our national self-respect.  Of course, Australians care about “who comes here and the circumstances in which they come”.  But, given leadership, they do care for Australia’s good name in the world.  How else were Whitlam and Don Dunstan, together with quite small public interest groups in the universities, churches and unions, able to persuade the Labor Party in 1965 to abandon its most cherished tradition and Australia’s deepest fears embodied in the White Australia Policy?

    So I stress the importance of making connections in Whitlam’s approach to policy.  But I am bound to acknowledge that there were disconnections when it came to implementing policy in government.  The connections were Whitlam at his most constructive; the disconnections the most damaging.  No appraisal of his contemporary relevance can omit the failures, and the lessons to be learned from them.

    In his book The Whitlam Government, Whitlam himself makes a significant admission.  The matter-of-fact way he puts it masks the pain it cost him to make it.  He wrote (p.195):  “The chief economic failure of my Government resulted from the wage explosion of 1974.  In part, our failure was a failure of communication, our failure to persuade the trade union movement to accept the central concept of Labor’s program.”

    He then spelt his definition of the meaning of equality in modern Australia: “That central concept was this: in modern communities, even the wealthiest family cannot provide its members with the best education, with the best medical treatment, the best environment, unaided by the community.  Increasingly, the basic services and opportunities which determine the real standard of life of a family or an individual can only be provided by the community and only to the extent to which the community is willing to provide them.  Either the community provides them or they will not be provided at all.  In the Australian context, this means that the community, through the national Government, must finance them or they     will not be financed at all.”

    That is the bed-rock of the Whitlam Program, with its over-arching theme of a more equal Australia.  Then comes his painful admission: “I have to acknowledge that this philosophy was never really accepted by the Labor movement of Australia at any time after the election of its own Labor Government.”

    In a generous review in The Age, Sir Paul Hasluck described the book as “the longest trumpet voluntary in political literature”. But it seems to have escaped Sir Paul that there could hardly be a more mortifying admission than that the very core of Labor support had not accepted the relevance of the Whitlam Program to its immediate concerns.  By contrast, the Hawke and Keating Governments succeeded in persuading the unions to accept the concept of a social wage, and, through the Accords, made it the basis of their transformation of the Australian economy.

    Whitlam notoriously said: “I don’t mind how many prima donnas there are in my Cabinet, as long as I’m prima donna assoluta”.  It was a throwaway line that actually highlights both the strengths and weaknesses of the Whitlam style of government: individual brilliance against collegial disarray.  There was a serious gap between the primacy he gave to Parliament, to parliamentary government on one hand, and the operation of its most distinctive feature, the Cabinet, the great engine of parliamentary government.  Cabinet embodies the two principles that make parliamentary democracy work effectively – Cabinet solidarity, and answerability to Parliament.  Cabinet is the grand committee of the nation.  Bob Hawke’s superb chairmanship skills made his Cabinet the most successful in our history.  A properly-run Cabinet would not have enmeshed the Whitlam Government in the toils of the loans affair.

    Nevertheless, while the orchestration was sometimes discordant, the Whitlam Government was not a one-man band, although Gough himself scarcely discouraged the notion.  “What would happen if you were run over by the proverbial bus”, Mike Willesee asked him in 1974.  “In the light of my government’s public transport reforms, that is highly improbable”.  But the free rein Whitlam gave his Ministers did become the basis for its record of achievement.  The one thing he expected was that they would act in the spirit of the Program, especially as set out in the It’s Time Policy Speech.  As Kim Beazley Snr said: “The Platform is the Old Testament; the policy speech is the New Testament”.  He was only half-joking.

    There will never be another Policy Speech like it.  At least I devoutly hope so, because I hope that the conditions which produced it will never be repeated.  That is, I hope fervently for the sake of Australian parliamentary democracy that the Australian Labor Party will never again be out for 23 years, or anything like 23 years.  We cannot fully understand the nature, content and purpose of the It’s Time  Policy Speech, unless we place it firmly in the context of those 23 years.  Nor, for that matter, can we fully understand the conduct and fate of the Whitlam Government without understanding the sense of urgency and expectation those lost 23 years produced.

    There were outstanding Ministers.  Think of Bill Hayden, who built Medibank – with its vital principle of universal access to health care – so strong that it defied seven attempts by the Fraser Government to dismantle it and enabled the Hawke Government to restore it as Medicare.  The attacks on its basic principles by the present Federal government are, of course, part of its current turmoil.  Contemporary relevance indeed!

    Again, Hayden had progressed far towards establishing a national superannuation scheme.  Keating accomplished it, and Labor’s role as the custodian of superannuation, and its true principles, remains, or should be, one of its greatest electoral assets.

    Think of Lionel Murphy, whose transformational law reforms constitute almost a parallel program.  His concerns about the accountability of the national security apparatus remain a question of fundamental relevance to Australian democracy.

    Or think of Al Grassby.  For dismantling White Australia (“Give me a shovel and I will bury it”, he said to a sceptical reporter in Manila); for establishing multicultural Australia, he paid a high political price.  He lost his seat in what Whitlam called Australia’s first overtly racist campaign in 1974.  We may think we have come a long way since 1974.  On the other hand, we may think that the story has deep contemporary relevance, certainly in terms of the need for unremitting vigilance in the work of building a more inclusive and tolerant Australia.

    I think, in particular, of Tom Uren, who breathed life into the most original and wide-ranging of all the Whitlam concepts, really the heart of the Whitlam project – national involvement in cities and regional centres.  The restoration of his Department of Urban Affairs is again urgent and relevant to the Australian people in almost every aspect of their daily lives.

    These examples remind us of a largely neglected, if not forgotten, aspect of the Whitlam project – how much, both in development and implementation, the Whitlam Program was a collective effort, how much he sought and welcomed the ideas and advice of others, inside and beyond the Labor Party.  Many years later, I suggested that he should acknowledge that “the Program did not spring, like Minerva, fully armed from Zeus’ brow”.  He agreed entirely, but insisted that he was not going down to posterity confusing the Greek and Roman gods.  Gough thought Zeus more appropriate than Jupiter, so Minerva had to give way to Athena.

    This aspect of the Whitlam project, as a cooperative and collaborative effort, will, I believe, become increasingly relevant to Labor’s mission, as Australia moves into a more complex era, with its communities more dissociated, its voters more volatile, its competing interests more vocal, its public discourse more discordant, if not debauched, its media ever more pervasive.

    More than a century ago, Alfred Deakin complained about the impossibility of governing “with a reporter at one’s elbow”.  We may speculate how Gough would have coped, in a world of instant response, endless spin, the ten second grab and the cacophony of self-appointed pundits.  I think I know the answer.  Brilliantly.  Three reasons: He was the master of the one-liner before the term was invented.  He would have dominated the mainstream media by open, long and frequent press conferences.  And, above all, he would have refused to relegate Parliament to its present humiliating role as an almost incidental channel of political communication.

    Almost our last collaboration, stretching across more than 40 years, was the Foreword to Troy Bramston’s splendid collection, The Whitlam Legacy.  Gough knew it would be his last serious word on Australian politics:

    May I make one valedictory point: never forget the primacy of Parliament as the great forum for developing, presenting and explaining policy.  This seems to me the best response we can make to the unprecedented demands now made on our leaders and representatives by the relentless news cycle, 24 hours a day, seven days a week.  If we develop, define and defend our policies thoroughly before their implementation, we will be much less likely to be blown off course by the accidents and aberrations inseparable from modern political life.  And Parliament is by far the best place to achieve it.

    This was the precept and practice of a life time.

    Parliament is, or should be, a marvellous resource, and it has been the anchor of our national life longer than almost any country in the world and, by the standard of the suffrage – the right to vote – more democratic longer than any.  But if the Labor Party is to survive as the prime mover in the development and implementation of the public polity – the party of new ideas – its policy makers will need to draw on all the available resources, reaching out beyond its own resources and ranks.  This points to a future role for independent but dedicated resources like the Whitlam Institute itself.  This was Gough’s own deep hope as he watched the Institute grow during his rich and mellow autumnal years.

    Partly because of his long and active public life, there is a timelessness about Gough Whitlam’s legacy, extraordinary for a working politician who reached the heights of his achievement forty years ago and whose Prime Ministership lasted only three years.  But I always emphasise that Gough Whitlam was also very much a man of his time.  His vision of a more equal Australia, a more independent Australia, a more inclusive, generous and tolerant Australia, a more forward-looking and outward looking Australia, belongs to all time.  But the means by which he sought to advance Australia towards that vision reflected his own times, the influences, pre-occupations and demands of his time, the political, constitutional, social and economic opportunities and constraints of his time.  Hence his insistence on contemporary relevance.  Here in St. Kilda Town Hall, closing his great campaign in 1972, he invoked Ben Chifley’s “light on the hill”.  His program was not the light on the hill; but he shone a bright light along the path.

    Far be it from me to presume to put words into Gough Whitlam’s mouth, at least now that he cannot speak for himself.  But I do believe that his first advice to his successors – the Labor leadership, the members, supporters and well-wishers – as they pursue their tasks of shaping and re-shaping Labor policies, Australian policies, for the 21st century, in times and circumstances every bit as daunting and challenging as those he faced in his time – I believe that his watchword would be for them, as his instruction was so often to me:

    “Contemporary relevance, comrade”.

     

  • Michael Breen.  Home Sour Home

    Fourteen women have died this year as a result of domestic violence. Australians killed by terrorists in the same period, zero. 

    The ABC Q&A programme February 23rd on Domestic Violence had an enormous response from the viewer and studio audiences. Many thanked the ABC for broaching the matter. Many tragic first hand experiences were aired. For some this was cathartic but the unanswered questions and the visible and obscured statistics leave no doubt that this is a critical national issue. 

    Q&A Tweet.The conversation Australia needed to have . 

    No one from the programme nor beyond it suggests this is a simple matter with simple remedies waiting to be applied. It is vastly complex and its elements are at various depths of awareness, responsibility and are the preserve of several disciplines, services and agencies. Police, social workers, mental health workers, refuge staffs, psychologists, religious leaders, lawyers, courts and victims, perpetrators all hold chips of the ugly mosaic. 

    There are some areas, some aspects which are part of the complexity that get more attention than others less obvious and more contentious. I would like to consider some of the latter, especially with regard to men.

    Q&A Tweet. Oh the irony. just a day after #Qanda doing a show on domestic violence, the fed gov’t display the characteristics that promote it. 

    Public violence usually draws a crowd. Violence in private especially inside a house has few attendees. Cops by and large hate going to “domestics” where often there is little they can do and where they can become the recipients of the free flowing aggression. This raises the question of how well they are trained for this event common in their work lives and what support they get to manage the effect it has on them individually.

    For a victim to bring a criminal charge requires enormous courage and support. Often the victim wishes that they had never commenced the process. So the hiddenness of domestic violence adds to its stuckness. Then again victims have the first hand experiences but cannot provide solutions. They know what happens but not how it happens. We need to know how to stop what happens. Often victims’ personal adjustments to live a peaceful life or avoid aggression are lost to current memory as they stretch back over the years. They become like the frog placed in a pot of water on the stove adjusting to the incremental rises in temperature so efficiently that the frog eventually boils to death. 

    The other most knowledgeable participant is the perpetrator and we need to know much more of the processes in the minds and hearts of these people, many of whom have been raised in violent family systems.

     

    Q&A Tweet.I will NOT have my son indoctrinated at school that he is innately created a violent abuser. 

    Further, apportioning blame is in a different order from knowing what actually happened and how to avoid it.  Investigation into the mechanics of the disorder is a separate process from participants finding their treatment in therapy. 

    When we consider violence it is important not to skip parts of the picture no matter how unpleasant or minute. We know that people who experienced violent parenting are more likely to parent or relate violently; unless they have dealt with their experiences in therapy. Tony Cooke, social worker and the son of a Western Australian serial murderer, said, “If you have been touched by violence you have to deal with it”. 

    But do we know how violently a violent person operates inside their own psyche? Do they manage themselves with harshness or violence or are they moral imbeciles who have no criteria or categories of morality or ethics? My guess is that each person is a mixture of all of these factors.  Many more adolescents than we imagine are self harming in our community.  Do we know why? Is it violence turned inward? 

    We know that our society likes violence, when it happens to someone else. Stories and images our media select must sell papers or attract viewers; otherwise why put the stuff out there? 

    Sporting games are often very violent in themselves as is the language of their commentators.  And the spectacle more attractive than the game itself is a players’ or spectators’ brawl. Youths, mostly male become the expendable gladiators  fighting on behalf of their fans and financial promoters. Is it any wonder that these public contestants involved in on-field and off-field fighting? But as soon as the violence of sport is mentioned or criticised the intimidating voices defending the sacred taboos threaten consequences like “developing softies, milksops, pansies” as the alternatives.

    Parliamentary behaviour so often involves viciously attacking the person that it is far from edifying example, for the rest of the community.  Our society tolerates the degrading institution of women’s wages being 18% lower than males doing the same work. 

    Capitalism needs tough guys, winners not cooperators, we are told.  Courses and written stuff offered as training for managers use the language of warfare. Do we ever ask what are the societal costs for men to be acculturated in this way?  What are the consequences of learning to behave as if control is everything? What happens to the person’s desire for softness, gentleness, compassion, mercy? 

    Or what are a man’s fears if he is seen to be sentimental or tearful? 

    The Australian man’s upbringing and schooling are likely to have involved corporal punishment, verbal abuse, belittling and sledging.  “Counselling” has become a weasel white wash for a ticking off.

    The first woman most men meet is their mother. If she is dominant and critical, controlling and manipulative that inevitably affects a man’s attitudes to all women.  This is especially critical if the father figure is inexpressive, weak or withdrawing. When his wife is critical many a man hears his mother’s voice anew.  Is it possible that an attack on the external female critical person is an attempt to silence the man’s internal critical voice? Could violence be an inappropriate response to being taunted, shamed or belittled? He may have been little and inadequate when he was first treated this way, but now he is big and has more response options. In such circumstances is the man hearing that he is not a real man? An ex-student of mine was murdered by a hitchhiker to whom he gave a lift. The hiker went home and announced to his partner, “Now I am a real man”.  These are aberrant, inappropriate and immoral responses. Nor are they defensible. However if we are to understand violent behaviour we need to know its aetiology. 

    Q&A Tweet:if some of us gals seemed a bit peeved with men at times try to gain some understanding as to why – failure to protect. 

    I must restate that I am not seeking to blame or excuse but to ask questions, however unpalatable, about why men, particularly, act out in the ways which we often do. 

    In the 1970s and 1980s in response to feminism a lot of men felt threatened. Men were often impugned as “the problem”. Some feminists said it was ok to blame men for everything because women had had such a bad deal for so long. One response was the development of courses, workshops and groups for men. Unfortunately many of these were inexpertly led but they were spaces to share common material. Most courses I was involved in with had men lamenting or craving better relationships with their fathers and deeper relationships with other men. The Australian cultural conserves impeded both. There were lots of cathartic tears and ept and inept tenderness from male peers. Robert Bly’s article “Iron John” about finding the primitive slimy man in all of us is supposed to have been the most photocopied article of the decade. In hindsight it was not such a good item, but it was all that there was at the time though it treated man isolated from family and children. The “Mens Movement” in Australia was largely a boys movement. 

    Q&A Tweet:‘why doesn’t she leave?’ – great title for a powerful movie to educate community how hard it can be & how attitudes need to change. 

    Finally if leadership is finding a procession to get in front of, the current government could resource all kinds of successful programmes such as the one sent in by the Q&A viewer, a violent perpetrator reformed and his football team in the Northern Territory. Giving grants for research is probably not as effective as  setting up competitions with prizes for interventions which can be demonstrated to  achieve results.

    Michael  Breen is a ‘Humanistic Psychologist’

  • We should expect more.

    In this article in The Guardian, Richard Flanagan, the Booker Prize winner, refers to the increasing ugliness in Australian public life.  He says ‘Writing my novel “The Narrow Road to the Deep North” I came to conclude that great crimes like the Death Railway did not begin with the first beating or murder on that grim line of horror in 1943. They began decades before with politicians, public figures and journalists promoting the idea of some people being less than people’.  He makes the case that the brutality and cruelty we now see has been developing for years. I think it really began with the Howard Government in 1996. To read this article, see the link below.  John Menadue

    http://gu.com/p/4663q/sbl

  • John Menadue. Mother Merkel and 800,000 refugees

    In September last year I posted an article about the Heroism of Angela Merkel in her generous response to asylum seekers arriving in Germany.

    She is holding to her course but the difficulties are increasing. The attacks on women in Cologne by men who were reported to be of Arab or North African decent on New Year’s Eve coloured attitudes. This unfortunate event and growing concern has resulted in Angela Merkel’s approval rating dropping from a high of 75% almost a year ago to 46% now.

    It was always going to be difficult and leadership in this area will always be politically fraught. It is so easy for the unscrupulous to appeal to the fear of foreigners, the outsider and the person who is different.

    The arrival of newcomers in any country is probably the greatest test of leadership.

    Ben Chifley made a courageous decision that Australia should accept large numbers of Jewish people following the disastrous events of WWII in Europe. He didn’t do any public polling or focus groups. If he had and was influenced by it, we would not have accepted Jewish refugees.

    In the 1970s, Malcolm Fraser didn’t wait for political polling to decide if we should accept refugees from Indochina. I am sure that if he had commissioned any polling, it would have told him to be careful.

    In Australia every group of new arrivals, whether migrants or refugees, has encountered opposition. but we have got through these difficulties and as a community we now look back with pride with what we have done in accepting people from Germany, the Baltic countries, Italy, Turkey, and Indochina.

    The opposition to Angela Merkel is nothing new. It will need courage and skill to see off those who resent her country helping vulnerable people.  Perhaps like Australians in receiving newcomers, the Germans will also get satisfaction out of knowing that they responded well and that not only the newcomers, but the German people were beneficiaries.

    Repost from September 2015

    With its sometimes dark history, Germany is facing a great test with the unprecedented arrival of asylum seekers .There are conflicting signs of great generosity, disappointment, anger, hope, mistrust and honesty. A great drama is being played out.

    With the support of her political opponents in the Social Democratic Party, Angela Merkel of the Conservative Christian Democratic Union is grappling with courage and determination a trial for the heart of Germany. She warned ‘If Europe fails on the question of refugees, its close connection with universal civil rights will be destroyed’. 

    In an article in Spiegel Online on 31 August, staff correspondents wrote of the ‘Dark Germany and the Bright Germany.  Which side will prevail under the strain of refugees.’

    They said

    How long will the alliance of reason hold up? … As many as 800,000 refugees and migrants may arrive in Germany this year. … and even if we don’t really know how things will develop in coming years, one thing is certain;  the numbers aren’t likely to drop appreciably … it is also certain that the newcomers will change our country. Germans have only recently become used to the idea that they live in a country of immigration and now, the next illusion is being destroyed;  that there is such a thing as controlled immigration. It isn’t just the best minds that are coming to us; it is people fleeing Assad’s barrel bombs and Islamic State brutality. They are running for their lives, whether they are illustrious or illiterate.

    The good news is that most Germans don’t have a problem with this. Sixty percent are of the opinion that the country can absorb the huge numbers of refugees currently arriving. And a new form of civility is developing, one that isn’t just being driven by pricks of conscience and the weight of the past. Rather, it is fuelled by the joy of doing good. But how long will it last?

    Mother Merkel as many refugees now call her, is showing courage and leadership, something we lack in Australia. She is finding the road rocky and hilly, but she offers great hope. She is appealing to the better angels of the German people        John Menadue

    For a full account of the Spiegel article, see link below:  http://www.spiegel.de/international/germany/spiegel-cover-story-the-new-germany-a-1050406.html

  • Tessa Morris-Suzuki. Tony Abbott, What have you done for peace?

    On 23 February, Prime Minister Tony Abbott in a major national security speech, chided Muslim leaders for showing insufficiently sincere commitment to peace. “I’ve often heard western leaders describe Islam as a ‘religion of peace’. I wish more Muslim leaders would say that more often, and mean it”, he said. Abbott also called on immigrants to Australia to “be as tolerant of others as we are of them”.

    The vast majority of Australians are appalled by the cruel and ultimately self-destructive violence of groups like ISIS, and by the crimes of the clearly deranged Martin Place gunman. They rightly applaud when leading Muslim figures speak up for peace, as the Grand Mufti of Australia and the Australian National Imam’s Council did in unequivocally condemning the Martin Place violence, and as the head of the Paris Mosque and other French Muslim leaders did in denouncing the “odious crimes” of the Charlie Hebdo attackers.

    But let us turn the question around: Tony Abbott, what have you done to bring peace to our community? At a time of rising Islamophobia and widespread ignorance in the Australian community about the history and teachings of Islam, better education promoting ethnic and religious harmony and mutual understanding is desperately needed. Where is the Abbott government’s leadership on this? Peace cannot be imposed simply by tightening security laws. It requires long-term sustained and serious commitment to building the foundations for social harmony. What plans or policies have Abbott or his ministers put in place to create a more tolerant and harmonious Australian society?

    Last September, in a speech to the National Press Club, Abbott said ‘I’ve shifted from being a critic to a supporter of multiculturalism, because it eventually dawned on me that migrants were coming to Australia not to change us but to join us.’ But multicultural harmony does not just happen by itself. It requires hard work to sustain it. Where are the signs of the Abbott government’s hard work? Where is the evidence that our prime minister means it when he speaks of multiculturalism?

    I live in Canberra, a city with the highest standard of living and the highest education levels in the Australia, and I supervise a substantial number of Asian postgraduate students who come to this country to study, and some of whom go on be become Australian citizens. Many Asian students I have supervised has spoken to me of encountering racist abuse on the streets of our capital city. Incidents (including being insulted and spat at by complete strangers) have left some of them shocked and deeply shaken. Is this what Abbott means when he asks immigrants to Australia to “be as tolerant of others as we are of them”?

    The fact that this sort of abuse still occurs unchecked in our national capital is an alarming indication of the failure of government, educators and media to show leadership in creating a peaceful multicultural society. By ignoring these profound issues, while making ignorant and ill-conceived public criticisms of “immigrants” and “Muslims” for their lack of commitment to tolerance and peace, the Abbott government is damaging the social cohesion of our society and contributing to social problems that are likely to haunt Australia for decades to come.

    Australia needs leaders who mean it when they speak of peace, harmony and multiculturalism. If our current leaders cannot do this, then they are unfit to lead, and it is time for others to step forward and show that they can fill the political and moral vacuum.

    Tessa Morris-Suzuki is an ANU College of Asia and the Pacific Japanese history professor and an Australian Research Council Laureate Fellow.

     

  • The frontier wars – best we forget.

     

    I have posted many blogs about our refusal to acknowledge the frontier wars,  when we suffered the largest death toll in war in our history in relation to our population at the time. In the SMH on February 12, see link below, Tim Flannery draws our attention to the valour of 52 indigenous people who were killed near Casterton, Victoria, in the 1840s. The victors write history! These heroes have been largely expunged from our history. There were no rewards for those who were defending their homelands in the battle known as ‘Fighting Hills’. John Menadue

    http://www.smh.com.au/comment/we-shouldn8217t-forget-the-sacrifice-of-our-aboriginal-warriors-20150212-13bzib.html

  • Brian Johnstone. The forgotten children. The ethical dimension.

    Professor Gillian Triggs, president of the Australian Human Rights Commission, has found that by reason of its policy of the continued retention of children of asylum seekers, Australia has been and remains in breach of its international obligations. This applies to both major political parties. The legal argument is clear and has not been refuted. The best the Prime Minister could offer was bluster, condemning the report as a “transparent stitch-up.” Australia’s Human Rights Commissioner Tim Wilson conceded that retaining children in detention was not in anyone’s interest, but provided no justification for continuing the detention.

    The Report of the Commission argues that asylum seeker families and children have been left “. . . [i]n a legal black hole in which their rights and dignity have been denied.” This ethical claim needs supporting argument.

    Contemporary philosophers and lawyers have been working to clarify the notion of dignity. A leading exponent is Charles Foster, Fellow of Green Templeton College, and University of Oxford in Human Dignity in Bioethics and Law (2011).

    Foster cites Christopher McCrudden’s summary of the basic, minimal agreed content of the notion of dignity drawn from international human rights texts; there are three points. The first is that “Every human being possesses an intrinsic worth merely by being human.” The second is that “This intrinsic worth should be recognised and respected by others;” it follows that some ways of treating others are inconsistent with this dignity or required by this dignity. The third is that the state exists for the sake of the individual person and not vice versa.   The first point is ‘ontological;’ it refers to the being of the person. The second is relational; it concerns ways in which persons connect with each other. The third is political; it expresses the basic priorities that should govern political judgments and activities.

    Foster begins his account with a question: “What makes humans thrive?” This was expressed in traditional philosophy drawing on Aristotle as “flourishing.” We can clarify what dignity requires and what violates dignity by asking what enables people to thrive. It is important for Foster’s argument that we can meaningfully ask this question not only of mature individuals, who we may presume are fully rational and free, but of the youngest children and of the most disabled. Foster argues that to make sound ethical and legal decisions we have to inquire empirically what is good for us.

    We can connect Foster’s arguments with the present debates in Australia. As cited by Kim Oates in his recent contribution, the Australian Government’s own Early Years Learning Framework describes three foundations as the basis for healthy childhood growth and progress for pre-schoolers: “Belonging, being and becoming.” We can adopt the same three points to develop an account of dignity that is more specifically related to the present Australian situation.

    To thrive, a human person needs to belong, that is to be part of a human community; this is the relational aspect of dignity. This community will normally be a family, but it could also be, of course, another group that takes over the role of the family. A family gives to its members and in particular to children what they need to thrive; food, clothing, affection, education. Children need to form relationships so as to establish a secure sense of themselves. Children characteristically achieve this by play-based behaviour. Learning to be themselves corresponds to the ‘ontological’ element of dignity.

    They are enabled to become more fully themselves by engaging their capacities to learn and develop. Becoming is another word for thriving. The adults who are responsible for the children themselves thrive by engaging in these processes on behalf of children.

    Thriving is the basis of dignity. But dignity entails more than this; it requires recognition. A parent or responsible adult recognizes the child as one who has inherent worth and enables a child to thrive. But the parent or adult who acts in such a way receives recognition also, recognition as a person of dignity.

    Dignity is always a two-way notion; when one person recognises the dignity of another, the other accepts that recognition and in so doing recognises the dignity of the first. When the first receives that recognition she can then recognise her own dignity.   I cannot recognise dignity in myself while I act in such a way as to refuse to recognise the dignity of the other.

    Dignity in one important aspect entails recognition of self, of one’s own inherent worth. But the individual cannot recognise her or his own worth, without recognising the worth of those others with whom they are engaged. An adult who denies to a child for whom she or he is responsible what the child needs to thrive is denying to himself what that adult needs to thrive, namely recognition of his own inherent worth. A community of persons who recognize their own inherent worth or dignity will want to protect others whose dignity they recognize, especially when that dignity is being violated. Such protection is a requirement of justice which is the basis of rights.

    Finally, the third element of the generally accepted notion of dignity also applies: the state exists for the sake of persons; persons may not be used as means for the benefit of the state and much less for keeping a political party in power.

    We can now return to the empirical investigation that Charles Foster requires. The report of the Australian Human Rights Commission on Children in Detention, “The Forgotten Children” clearly provides ample empirical evidence that the children in detention are not being adequately provided with the support that would enable them to thrive. Rather, the contrary is the case: they are being treated in ways that seriously damage their thriving.

    The case against the present policy of the Australian government regarding the detention of children can be summed up as follows:

    • The government is in violation of its international treaty obligations.
    • It is using the children as means to support its policies on refugees so as to remain in power, thus violating the due relationships between the state and individual persons.
    • Finally, those who support and implement these policies are violating the dignity of the children. In so doing they are denying their own dignity.   They make it impossible for themselves to recognise their own dignity. They also make it impossible for us, the citizens of Australia, to recognise their dignity.
  • Tony Kevin, Tony Abbott’s crassness could cost the Bali duo their lives.

     

    Let me first declare my biases. I believe that I honour and respect Indonesia’s values and culture. I oppose the death penalty in general. In this case, I would welcome an outcome that saved the lives of the last two members of the Bali Nine who now face execution In Indonesia, Andrew Chan and Myuran Sukumaran, for the offence of smuggling drugs out of Indonesia in 2005. I believe every life saved from deliberate violent death affirms and enriches our collective humanity; and that the quest for consistency of action is the enemy of mercy. I also believe the murky AFP role in the history of the Bali Nine’s arrest as they were leaving Indonesia imposes a special moral obligation on Australia to do everything possible to try to save these two men’s’ lives now.

    Now let me comment on the Australian diplomacy surrounding this, as neutrally as I can. Over the years, Australian representations have had much success in securing commutation of sentences of many Australians accused of serious drug offences in Indonesia: most famously Schiapelle Corby, but also (in a very complex legal history – see http://en.wikipedia.org/wiki/Bali_Nine) the other seven members of the Bali Nine. Andrew and Myuran are the last two, and it is their tragedy that their sentences could not be commuted in time under the former President Yudhoyono.

    Under President Jokowi, lines have been drawn in the sand. Indonesia’s national honour is now strongly engaged. And Tony Abbott’s ill-judged recent public diplomacy, if it can be called that, has made matters far worse. Abbott has possibly doomed the two men, though I still hope not.

    For an informed current Indonesian elite perspective, I turned to Yohanes Sulaiman’s piece in The Conversation yesterday   https://theconversation.com/why-indonesia-is-likely-to-ignore-protests-and-execute-bali-nine-duo-37645. Sulaiman expects Indonesia to ignore protests and execute the two men, because the domestic political costs for Jokowi of granting pardon is too great;   because there is strong elite Indonesian support for the death penalty in major drug cases; and because of a strong nationalist backlash against foreign pressure. Tellingly, Sulaiman cites an Indonesian Professor of International Law’s critique of UN Secretary-General Ban Ki Moon’s appeal in this case: where, he asks, was Ban when Indonesian migrant workers were executed in Saudi Arabia?

    The separate but coordinated appeals on 17 February by all six living former Australian prime ministers might of themselves have had some positive impact on President Jokowi, in light of the drama of the gesture and of Indonesian values of respect for age, wisdom and political seniority. The delay in taking the men to the execution island may have been a guarded initial response to those powerful appeals, from which I recall key words here:

    Kevin Rudd – “As a deep, long-standing friend of Indonesia, I would respectfully request an act of clemency.”

    Julia Gillard –   “I would find it heartbreaking if such extraordinary efforts to become of good character were not met with an act of mercy.”

    John Howard – “Mercy being shown in such circumstances would not weaken the deterrent effect of Indonesia’s strong anti-drug laws.”

    Paul Keating – “In this case, the penalty is out of all proportion to the crime.”

    Bob Hawke – “I call on the Indonesian government to show mercy and clemency … Justice should be based on human understanding… ”

    Malcolm Fraser – “We are very much opposed to the death penalty in Australia.”

    Unfortunately, Abbott may have the very next day, 18 February, destroyed this glimmer of hope by his crass and over-the-top linking of past Australian generous disaster relief aid to Indonesia to the fate of the two men. As in the presidential eavesdropping episode, well remembered by Indonesians, he compounded the error by his defiant refusal to admit afterwards that his linkage had been a threat: “No, I was just stating facts”.

    Abbott has now left Jokowi in the unpalatable position that any act of clemency could be seen as succumbing to Abbott’s thinly veiled blackmail.

    And where does this leave Abbott if Indonesia does execute the men? If Indonesia then experiences a major natural disaster while Abbott is still our PM, will he really announce: ‘No, we won’t help you, because you executed Chan and Sukamaran.”? I don’t think so: Abbott’s veiled threat is actually hollow. But it will nevertheless be long remembered in Jakarta as another notorious example of Australian arrogance and lack of manners. It may have spoiled whatever good the intervention of the six former prime ministers might have done.

    Chan and Sukamaran’s best hope now is for Abbott and his ministers – indeed, for any Australian politician – to say nothing more in public on the matter. Let Jakarta try if it can to find a way over coming weeks to deal with this further damaging episode in Australian –Indonesian relations: hopefully, in a way that spares these two last Bali Nine members’ lives.

     

  • Peter Day. Life is sacred, but ….

    The “other” is no longer a brother or sister to be loved, but simply someone who disturbs my life and my comfort … In this globalized world, we have fallen into globalized indifference.  We have become used to the suffering of others: it doesn’t affect me; it doesn’t concern me; it’s none of my business!      (Pope Francis)

    I had the misfortune recently of watching the Four Corners investigation into live-baiting in the greyhound industry – trainers were filmed using live rabbits, piglets and possums to instil the blood lust in dogs in order to improve their chasing/racing skills.

    I imagine there will be – it’s already started – an almighty avalanche of anger directed towards those who pursue cruelty in order to benefit financially – and justifiably so.

    Life is sacred – even the lives of rabbits, possums, and piglets.

    Similarly, there is an almighty howl of protest concerning the pending executions of drug traffickers Andrew Chan and Myuran Sukumaran – and justifiably so.

    Life is sacred – even the lives of drug traffickers.

    And, what of those forgotten children in Australian immigration detention centres: again, much angst and chest beating – and justifiably so.

    Life is sacred – even the lives of ‘illegals’ and strangers and ‘queue jumpers’.

    Perhaps one day the mainstream media and the public might dare to pursue, also with moral courage, the plight of the unborn; tens of thousands of whom disappear without trace each year – I’m especially concerned for those victims of late-term abortions (i.e. 16 weeks and beyond).

    Life is sacred – even the lives of the tiny and ‘unseen’.

    In regards to the latter, a notoriously emotive and neuralgic issue, it is vital that we do not allow the bullying of religious nutters and moralists to justify a “we cannot afford to go there” approach – to justify shutting down debate.

    Indeed, is it not the case that in order to counter this rigid and unattractive polemic, and to ensure I am not seen to be in their camp; we have, as a collective, tended to gravitate towards the more comfortable and acceptable narrative of the so called ‘social progressives’; the one that espouses tolerance and individual freedom; the one that encourages a polite acquiescence – but at what price and at whose expense?

    Surely, in a world where whales and rabbits and old trees and heritage buildings are treated as precious, as of significant value – and rightly so, there is room for a mainstream and adult conversation about those other forgotten children.

    I am not in any way suggesting yet another unseemly finger-pointing exercise, nor am I advocating criminalisation. Indeed, compassion compels one to want to walk alongside a woman confronting such a choice, even to cry with her.

    Further, this issue cannot be reduced to simplistic labelling – i.e.  you’re either pro-abortion or anti-abortion, pro-life or pro-choice – left v right etc. It’s far more complex and layered than that.

    What I am advocating is a robust and reasoned, if sometimes heated, public conversation like those we have around those other conservation issues alluded to above.

    Perhaps such a conversation might begin with a question: “What does it mean to be human?”

    For now, at least, we seem to be mired in more of that globalised indifference which insists upon silence.

    Peter Day is a Catholic parish priest in Canberra.