Aboriginal Australia seeks more than the symbolic recognition of first peoples status on offer from the Liberal-Nationals Federal Government

“The Australian story began long before the arrival of the First Fleet on 26 January 1788. We Australians all know this. We have always known this.”

Final Report of the Referendum Council, 30 June 2017:

Recommendations

The Council recommends:

1. That a referendum be held to provide in the Australian Constitution for a representative body that gives Aboriginal and Torres Strait Islander First Nations a Voice to the Commonwealth Parliament. One of the specific functions of such a body, to be set out in legislation outside the Constitution, should include the function of monitoring the use of the heads of power in section 51 (xxvi) and section 122. The body will recognise the status of Aboriginal and Torres Strait Islander peoples as the first peoples of Australia.

It will be for the Parliament to consider what further definition is required before the proposal is in a form appropriate to be put to a referendum. In that respect, the Council draws attention to the Guiding Principles that emerged from the National Constitutional Convention at Uluru on 23–26 May 2017 and advises that the support of Aboriginal and Torres Strait Islander peoples, in terms of both process and outcome, will be necessary for the success of a referendum.

In consequence of the First Nations Regional Dialogues, the Council is of the view that the only option for a referendum proposal that accords with the wishes of Aboriginal and Torres Strait Islander peoples is that which has been described as providing, in the Constitution, for a Voice to Parliament.

In principle, the establishment by the Constitution of a body to be a Voice for First Peoples, with the structure and functions of the body to be defined by Parliament, may be seen as an appropriate form of recognition, of both substantive and symbolic value, of the unique place of Aboriginal and Torres Strait Islander peoples in Australian history and in contemporary Australian society.

The Council recommends this option, understanding that finalizing a proposal will involve further consultation, including steps of the kind envisaged in the Guiding Principles adopted at the Uluru Convention.

The Council further recommends:

2. That an extra-constitutional Declaration of Recognition be enacted by legislation passed by all Australian Parliaments, ideally on the same day, to articulate a symbolic statement of recognition to unify Australians.

A Declaration of Recognition should be developed, containing inspiring and unifying words articulating Australia’s shared history, heritage and aspirations. The Declaration should bring together the three parts of our Australian story: our ancient First Peoples’ heritage and culture, our British institutions, and our multicultural unity. It should be legislated by all Australian Parliaments, on the same day, either in the lead up to or on the same day as the referendum establishing the First Peoples’ Voice to Parliament, as an expression of national unity and reconciliation.

In addition, the Council reports that there are two matters of great importance to Aboriginal and Torres Strait Islander peoples, as articulated in the Uluru Statement from the Heart, that can be addressed outside the Constitution. The Uluru Statement called for the establishment of a Makarrata Commission with the function of supervising agreement-making and facilitating a process of local and regional truth telling. The Council recognises that this is a legislative initiative for Aboriginal and Torres Strait Islander peoples to pursue with government. The Council is not in a position to make a specific recommendation on this because it does not fall within our terms of reference. However, we draw attention to this proposal and note that various state governments are engaged in agreement-making.

Current Referendum Council members:

Pat Anderson AO

Mark Leibler AC

Megan Davis

Andrew Demetriou

Natasha Stott Despoja AM

Murray Gleeson AC

Tanya Hosch

Kristina Keneally

Jane McAloon

Noel Pearson

Michael Rose AM

Amanda Vanstone

Dalassa Yorkston

Galarrwuy Yunupingu AM

The Australian, 18 July 2017:

Two indigenous Labor MPs have expressed doubts about the Referendum Council’s proposal for indigenous constitutional recognition, saying the councils’ final report, delivered yesterday, does not provide a clear line of sight to constitutional change.

Malcolm Turnbull yesterday cautiously backed what he called “a very big new idea” put forward by the Referendum Council he and Bill Shorten appointed 18 months ago, namely their sole recommendation of a special indigenous advisory body to the parliament.

But WA Labor Senator Pat Dodson said the recommendation had surprised some people, while NSW Labor MP Linda Burney said the sole recommendation was “limiting”, and most Australians would be “shocked” to learn that it has ruled out addressing race powers in the constitution.

Prime Minister Turnbull yesterday promised to consider the Referendum Council’s proposal, but indicated he was cautious about putting it to a national vote.

“We do not want to embark in some sort of exercise of heroic failure. I have some experience in trying to change the constitution and know better than most how hard it is.”

Senator Dodson said he wasn’t sure that progress is being made on the recognition of indigenous Australians.

“Unfortunately I think we’re going in circles a bit at the moment,” he told 7.30.

“I don’t think we’ve got a clear line of sight as to where any constitutional change whether it’s going to take place or not. Certainly on our side of politics we’re open to that. I’m not sure whether the government side is quite open as we are to the proposition.”

UNSW Dean of Law George Williams said a strong process would be needed to convince the Australian electorate that the Referendum Council’s proposal is worth voting for.

The Guardian, 18 July 2017:

These powers, s.51xxvi, were inserted into the constitution as part of the 1967 referendum and give the commonwealth power to make laws for “the people of any race for whom it is deemed necessary to make special laws”.

That allowed for the construction of laws such as native title and Aboriginal heritage laws but it also allowed the federal government to make discriminatory laws.

Burney said while the idea of an Indigenous voice to parliament was huge and important, it was limiting to consider it as the only option.

“I think that is very limiting,” Burney told the ABC. “I think that is more of a minimal approach when ... they don’t want us to address the issues of the race powers and recognition of first peoples in the constitution.

“I think the Australian community would be shocked to think that we are not going to deal with the archaic race powers in the constitution but that is what the Referendum Council is instructing the parliament.”

Burney underlined that it was unclear what the Indigenous voice would do, its structure or how people would be elected. 

She said the Coalition and Labor needed to consider the report. Labor’s Indigenous caucus meets on Wednesday. She warned that any idea needed to be passed in the parliament and the idea of enshrining a national body would be a “challenge for some people”.

Sky News, 20 July 2017:

Indigenous Liberal MP Ken Wyatt has expressed disappointment at the decision to abandon the push for constitutional recognition, saying the timeline for a referendum has now been pushed back to beyond this term of government.

Notes

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51

(xxvi)  the people of any race , other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 122

Government of territories

                   The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

A new Australian Federal Government super ministry capable of deploying armed soldiers on our streets

“The first question to ask yourself is this: does handing Dutton that power sound like a good idea?” [journalist Katherine Murphy, The Guardian, 18 July 2017]

A new Australian Federal Government super agency capable of deploying armed soldiers on our streets? With a former Queensland police officer of no particular merit as its head?

What could possibly go wrong with a rigid, far-right, professed ‘Christian’ property millionaire having oversight of a super portfolio which would reportedly bring together the Australian Security Intelligence Organisation (ASIO), the Australian Federal Police (AFP) Australian Border Force, Australian Criminal Intelligence Commission and AUSTRAC along with a database on ordinary citizens, ‘intellectuals’ and perfectly legal organisations, going back literally generations?

How long will it take before any industrial action or protest event would be quickly labelled as terrafret and armed soldiers sent to disperse people exercising their democratic right?

Australia’s been down that painful path before during the last 229 years and been the worse for it.

Turnbull at Holsworthy Barracks, Forbes Advocate,17 July 2017

“The measures I am announcing today will ensure that the ADF is more readily available to respond to terrorism incidents, providing state and territory police with the extra support to call on when they need it.”  

[Prime Minster Malcolm Turnbull, media release, Holsworthy NSW,17 July 2017]

The Sydney Morning Herald, 18 July 2017:

Malcolm Turnbull has confirmed a dramatic shake-up of Australia's security, police and intelligence agencies that will put Immigration Minister, Peter Dutton, in charge of a sprawling new Home Affairs security portfolio.

The department of Home Affairs will bring together domestic spy agency ASIO, the Australian Federal Police, the Australian Border Force, the Australian Criminal Intelligence Commission, AUSTRAC and the office of transport security and will be put together over the next year.

And Mr Turnbull has also announced the government would, in response to the 

L'Estrange review of Australia's intelligence agencies, establish an Office of National Intelligence and that the Australian Signals Directorate will also be established as an independent statutory authority. 

The new Office of National Intelligence will co-ordinate intelligence policy and is in line with agencies in Australia's "Five Eyes" intelligence partners in the US, Britain, Canada and New Zealand…..

The changes are to be finalised by June 30, 2018 - subject to approval of the National Security Committee of Cabinet -  with Mr Dutton to work with Senator Brandis in bedding down the changes.

Senator Brandis will lose responsibility for ASIO under the changes but, crucially, retain sign-off power on warrants for intelligence agency. 

Mr Turnbull said the Attorney-General's oversight of Australia's domestic security and law enforcement agencies would be strengthened, with the Inspector-General of Intelligence and Security and the independent national security legislation monitor moving into his portfolio. 

The Prime Minister said Australia needed these reforms "not because the system is broken, but because our security environment is evolving quickly…..

The Sydney Morning Herald, 17 July 2017:

However that L'Estrange review – part of a routine reassessment of national security arrangements – is understood not to specifically recommend such a super-portfolio.

Mr Turnbull has been dropping strong hints lately that he is inclined to make a significant change, rejecting what he's branded a "set and forget" policy on national security and warning that Australia must keep up with an evolving set of threats from terrorism to foreign political influence.

Security and intelligence agencies themselves are also believed to have concerns about such a change, while some former intelligence heads have publicly said they do not see any need for change.

However, a well-placed source in the intelligence community said a Home Affairs office - as opposed to a US-style Department of Homeland Security - was the preferred options for police and intelligence agencies.

That was because a Home Affairs department would potentially be broader, including agencies such as the Computer Emergency Response Team, the Australian Cyber Security Centre, Crimtrac, the Australian Criminal Intelligence Commission and the new Critical Infrastructure Centre, rather than just police and intelligence agencies.

The Guardian, 18 July 2017:

Peter Jennings, the executive director of the Australian Strategic Policy Institute, put it well on Tuesday when he said any “grit” in the Dutton/Brandis relationship could be problematic for intelligence operations, which is obviously problematic for all of us, given we rely on the efficiency of the counter-terrorism framework to keep us safe.

So we’d better hope for the best, to put it mildly.

We’d also better hope it’s a good use of the time of our intelligence services and public servants to nut out how the Big Idea is going to work in practice, which will be a reasonably complex task, at a time when these folks already have a serious day job.

Recapping that specific day job again: trying to disrupt national security threats, in a complex environment. Pretty busy and important day job, that one.

It’s cartoonish to say this is all about the prime minister rewarding old mate Dutton, on the basis you keep your friends close, and your (potential) enemies closer.

Nothing is ever that simple outside a House of Cards storyboard– although it remains an irrefutable fact that Dutton wanted this to happen, and if Dutton really wanted it to happen, it would have been difficult for Turnbull, in his current position, to say no.

The Australian, 19 July 2017:         

The pressure points lie in the risk calculations that link intelligence to response. In a liberal democracy, we rightly demand high certainty of the intention to carry out an act of violence before we are comfortable with our security services pre-emptively taking someone off the streets. Usually when an attack happens, here or in the US or Europe, it’s because the calibration of risk hasn’t worked. It’s not because security services weren’t concerned about an individual’s beliefs and actions or couldn’t find him.

For those of us without access to national security data, the evidence suggests that Australia does these important risk calculations relatively well. Our list of foiled terrorist attacks is quite a bit longer than the list of attacks. The reason for this is the national security structures we have evolved: the combination of separate national security agencies, each with highly developed specialist capabilities and slightly different cultures and perspectives, working in close, 24/7 collaboration.

When calculating risk, separation and diversity are a strength because they build contestation, careful deliberation and stress testing into the system. Britain, the US, France and Belgium have chosen more centralised structures, and the evidence is that their systems do not work as well as ours. Bringing our highly effective agencies into a super-department cannot help but disrupt their inner structures and cultures. Such enterprises inevitably lose sight of the goal — keeping Australians safe — as they become driven by the desire for efficiencies and cultural homogenisation, and the urge for bureaucratic tidiness. Look no further than the creation of the Department of Immigration and Border Protection, a process that has consumed enormous amounts of resources in reconciling two incompatible cultures, with no apparent benefits and a list of embarrassing blunders.

Creating one security super-department places a major imperative on the government to get everything right, first time. Separate but closely collaborating security agencies create a powerful check against underperformance: a struggling agency or a leader who’s not up to it are spotted and called out quickly. But underperformance in a federation-style conglomerate is not so easy to see and to call out. And in the meantime, it’s the safety of Australians that will be the price for underperformance.

If the Turnbull government were serious about national security, it would not engage in evidence-free experimentation with our national security. It should instead be building on what’s working well and making it even stronger. We need better co-ordination and cross agency connectivity, not big-bang organisational redesign.

We should be getting these sorts of issues right in a system that is working, rather than indulging in the risk-riddled gesture politics of a grand restructure.

Michael Wesley is professor of international affairs and dean of the College of Asia and the Pacific at the Australian National University.

Instead of addressing the root causes of homelessness in NSW the Berejiklian Government allows this to occur

It doesn’t matter what political stripe the NSW government of the day is - the issue of homelessness is rarely addressed in a positive fashion.

One only has to consult the National Library of Australia and Trove digital newspaper records to see that homelessness and Sydney have gone hand in hand since the city was established. As has the threat of violence towards those without a roof over their heads.

In February1890 a physical count of homeless people sleeping rough in the city occurred and 127 year later a count still occurs.

In February 1890 the count stood at 472 rough sleepers and by February 2017 the homeless count on the night was 433 rough sleepers, with another 489 people in crisis/temporary accommodation* and 28 people of no fixed address in hospital.

In the last fifty years to date in Sydney, the usual first response considered when the number of homeless people become highly visible is to force these people out of the inner city area to become the problem of other suburbs and different councils.

These clearances often only come to the notice of the general public during the lead up to high profile events such as state visits or when Sydney hosted the Olympics in 2000.

This time it was the turn of the Berejiklian Coalition Government and The City of Sydney Council to attempt to scatter the homeless from the inner-city by using NSW Police as their all too willing pit bulls.

https://youtu.be/b8nQDMeL4xY

Note the swift jabs by the male police officer at about 0:06-0:07 mins into this video

Facebook:

Now if this sweep of Sydney streets runs true to form an official spokesperson will say that the homeless have been offered alternative accommodation and many have refused.

This is officialese for handing out the contact details of overworked and under-resourced homeless services. 

The most easily accessible being the night refuges which are frequently only marginally safer than sleeping rough for the most vulnerable of those on the streets and which can offer little more than temporary night accommodation on a first-come-first-served basis. 
While other crisis/temporary accommodation offered through Dept of Housing/FaCS can be for as little as 2-5 days in a budget motel, caravan park or similar.

The current waiting list for permanent social housing in the Sydney metropolitan area is generally between 5 to 10+ years.

Well done, Sydney! Home to a heavy-handed, often violent police force, a city administration without a heart and a cruelly indifferent state government.

Note

* There were 16 crisis accommodation hostels with a minimum of 414 beds operating in the City of Sydney local government area in February 2017.

Legal profession sets out core principles and commitments on human rights as international spotlight shines on Australia

Medianet Release
16 Jun 2017 10:55 AM AEST - Legal profession sets out core principles and commitments on human rights, as international spotlight shines on nation The Law Council today launched its Policy Statement on Human Rights and the Legal Profession, laying out core principles and commitments of behalf of the Australian legal profession. The Policy Statement sets out a framework for evaluating the merits of legislation, policy, and practice by reference to international human rights law. The Statement includes a commitment to advocate for a federal charter or bill of rights, as well as for more State and Territory charters of rights to join those of Victoria and the ACT. It also commits the Law Council to promote respect for human rights by Australian corporations and other incorporated and non-incorporated entities, including through implementation of the UN's Guiding Principles on Business and Human Rights. The Law Council of Australia's President, Fiona McLeod SC, said with Australia bidding for a seat on the UN Human Rights Council this year the policy was particularly timely. "Australia has a proud history in the human rights sphere. We played a prominent role in drafting the UN Charter and the Universal Declaration of Human Rights and have since been an active participant in the development of an international system for the protection and promotion of human rights," Ms McLeod said. "The Law Council endorses a central and constructive role for Australia in the international human rights system. This year, as Australia seeks a seat on the UN Human Rights Council, it is important to assert and articulate the legal profession's principles and commitments on human rights. "The Law Council supports an approach, consistent with international law and practice, which confirms that all human rights are universal, indivisible, and interdependent and interrelated. "We believe this makes it vital to consider legislation and government action through a human rights lens. The principles in this framework guide myriad aspects of the Law Council's work in the policy space – from asylum seekers to marriage equality to metadata," Ms McLeod said. The Policy Statement on Human Rights and the Legal Profession was prepared by the Law Council's National Human Rights Committee and approved by its Directors. The Statement is available at https://lawcouncil.asn.au/ Patrick Pantano: Public Affairs / P 02 6246 3715 / Patrick.Pantano@lawcouncil.asn.au  Anil Lambert: Media / P 0416 426 722 / anil@hortonadvisory.com.au Distributed by AAP Medianet JN#:880833
Contact Us	© Australian Associated Press, 2017

A wolf in sheep's clothing in the human rights fold?

“We resource strategic legal cases that are related, either directly or indirectly, to the protection and advancement of freedom of thought, conscience and religion or belief. This includes cases relating to other rights and freedoms such as speech and association……The Human Rights Law Alliance is able to provide fully funded legal advocacy with respect to a limited number of highly strategic cases that have significant implications for fundamental freedoms. The purpose of our grant funding program is to ensure that no strategic case is under resourced on account of the victim’s inability to pay.” [Human Rights Law Alliance (HRLA), 10 September 2016]

Sounds legitimate, doesn’t it?

Well, this little group was established by the Australian Christian Lobby* as a “new initiative” and its interest in human rights appears to be restricted to defending the rights of ‘aggressively’ Christian individuals, those who are against abortion, anti-gay rights & same sex marriage and apparently would support a weakening of provisions in the Racial Discrimination Act 1975.

In addition to aiding Christian individuals this group makes submissions to government.

What the HRLA states on its website in 2017 is that:

“We arrange good lawyers and funding for cases where people are in trouble with the law for living out their faith. By providing this practical help, we also set freedom-protecting legal precedents……The Human Rights Law Alliance produces resources for faith-based organisations to better protect their freedom.”

The HRLA is also of a mind that the Australian Human Rights Commission should be altered:

Martyn Iles, director of the Human Rights Law Alliance, who does not personally know Professor Croucher, said she would likely be less outspoken and controversial than Professor Triggs but believed she would not reform the AHRC “in the way it needs to be changed”.

In a show of hypocrisy this pressure group also stated:

Martyn Iles, who is director of the Human Rights Law Alliance, said the commission’s next president should be someone who was committed to the traditional Western concept in which the role of rights was to enable individuals to live free from tyranny. “We need someone who has not imbibed this new idea of rights as a power struggle,” Mr Iles said.

Being just twelve months old the AHRLA has few notches on its belt, but in the fetid far-right atmosphere of parliamentary corridors of power I don’t doubt it is getting a hearing.

This bears watching.

* Human Rights Law Alliance has been a registered business name since 25 May 2016. The managing director of the Human Rights Law Alliance since its inception is Martin Iles, former Chief of Staff at the Australian Christian Lobby. Donations made to this group are not tax deductable and “Because HRLA participates in some political activities, donations of over $13,000 may be subject to disclosure under Commonwealth laws.”

Lawyers, including the country's peak law body, have condemned Immigration Minister Peter Dutton

Australia would do well to remember that besides being a wealthy property developer, the far-right Australian Immigration Minister and Liberal MP for Dickson, Peter Craig Dutton (left), is a former Queensland police officer.

Neither occupation has a history of probity in that state* nor its members a reputation for an ability to look beyond their own narrow self-interests.

The Sydney Morning Herald, 12 June 2017:

Lawyers, including the country's peak law body, have condemned Immigration Minister Peter Dutton's latest citizenship crackdown as a power grab that threatens the independence of the judiciary.

Under changes to be put to Parliament this week, the minister will be empowered to overrule citizenship decisions of the Administrative Appeals Tribunal, in a bid to put a stop to its "silly" rulings……

Law Council of Australia president Fiona McLeod said she would await the full details, but reports of the tribunal being hamstrung were worrying.

"That's a very grave concern," she said. "Any attempt to wind back review powers should be treated with concern."……

Australian National University law professor Kim Rubenstein, who consulted on the 2008 citizenship revamp, warned against granting individual government ministers more and more power.

"That becomes a slippery slope to very draconian environments," she said. "We as Australians take these things too much for granted."

Western Sydney University law lecturer Jason Donnelly said it "completely undermines the object and independence of the AAT" and "shows a growing imbalance" in the separation of powers.

"It opens the can of worms to the abrogation of other fundamental rights," he said. "The courts have a fundamental role in protecting rights - because the government certainly isn't doing it."

* See The Moonlight State and Property developer donated to LNP after controversial Stuart Robert speech