Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Tuesday 6 March 2018

Is Australian welfare reform in 2018 a step back into a dark past?


Last year saw the completion of the Royal Commission into Institutional Responses to Child Sexual Abuse which revealed generational abuse within the Australian education and child welfare systems. 

That year also revealed the ongoing failure of the Dept. of Human Services and Centrelink to fix its faulty national debt collection scheme, which possibly led to the deaths of up to eleven welfare recipients after they were issued debt advice letters.

The first quarter of 2018 brought a scathing United Nations report on Australia's contemporary human rights record titled Report of the Special Rapporteur on the situation of human rights defenders on his mission to Australia.

Along with a report into elder abuse in Oakden Older Persons Mental Health Service in South Australia and the release of a detailed Human Rights Watch investigation of 14 prisons in Western Australia and Queensland which revealed the neglect and physical/sexual abuse of prisoners with disabilities, particularly Aboriginal and Torres Strait Islanders.

The National Disability Insurance Scheme represents yet another crisis. The Productivity Commission has warned there is now no carer of last resort for patients in an emergency, care provider agencies are reportedly owed up to $300 million and disabled people are often receiving inadequate care via untrained staff or sometimes no care at all, as government disability care services are being closed in favour of the new privatised service delivery scheme.

None of these instances stand in isolation and apart from either Australian society generally or government policies more specifically.

They all represent the frequently meagre nature of community compassion and the real level of care governments have been willing to organise and fund for vulnerable citizens. In reality the ideal level of support and care for the vulnerable - that politicians spout assurances about from campaign hustings every three years - is just so much political hot air unless ordinary voters insist that it be otherwise. 

As the Turnbull Coalition Government clearly intends to push forward with the full gamut of its punitive welfare reforms perhaps now it the time to consider if we have made any great strides towards a genuinely fair and egalitarian society in the last two hundred years or if we are only dressing up old cruelties in new clothes and calling this "looking after our fellow Australians”, "an exercise in practical love"an exercise in compassion and in love".


Over the last two decades, commissions and reports on institutional care across the western world have highlighted widespread physical, sexual, emotional and economic violence within caring systems, often targeted at society’s most vulnerable people, not least children, the disabled and the elderly. These have often come at significant cost not just to the individual, but the nation. As Maxwell has shown, national apologies, that require the nation to render itself shamed by such practices, and financial redress to victims, have impacted on political reputation, trust in state organisations, and finances. As each report is released and stories of suffering fill newspapers and are quantified for official redress, both scholars and the public have asked ‘how was this allowed to happen?’ At the same time, and particularly in the last few years as many countries have turned towards conservative fiscal policies, newspapers also highlight the wrongs of current systems.

In the UK, numerous reports have uncovered abuses within welfare systems, as people are sanctioned to meet targets, as welfare staff are encouraged to withhold information about services or grants to reduce demand, and through systematic rejection of first-try benefit applications to discourage service use. Often excused as ‘isolated incidents’ on investigation, such accounts are nonetheless increasingly widespread. They are accompanied by a measurable reduction in investment in welfare and health systems, that have required a significant withdrawal in services, and have been accompanied with policies of ‘making work pay’ that have required that benefits be brought in line, not with need, but with low working incomes. The impact of these policies and associated staff behaviour have been connected to increasing child and adult povertydeclining life expectancygrowing homelessness, and the rise in foodbank use.

Importantly, public commentators on this situation have described this situation as ‘cruel’. One headline saw a benefits advisor commenting ‘I get brownie points for cruelty’; another noted ‘Welfare reform is not only cruel but chaotic’. The system depicted in Ken Loach’s I Daniel Blake (2016), described by reviewers as a Kafka-esque nightmare, a ‘humiliating and spirit-sapping holding pattern of enforced uselessness’, and a  ‘comprehensive [system of] neglect and indifference’, was confirmed by many as an accurate depiction. Whether or not this representation of the current welfare system is held to be true, such reporting raises significant questions about when and how systems designed to provide help and support move from care to abuse. A focus on ‘isolated incidents’ today can be compared to the blaming of ‘isolated perpetrators’ in historic cases of abuse, an account that is now held by scholars to ignore the important role of systems of welfare in enabling certain types of cruelty to happen…..

The capacity of welfare systems to support individuals is shaped by cultural beliefs and political ideologies around the relationship between work, human nature, and welfare. Here late-eighteenth- and early-nineteenth-century Ireland provides a productive example. Ireland in this period was marked by significant levels of poverty amongst its lower orders, particularly those that worked in agriculture. The capacity to manage that poverty on an individual level was hindered by several economic downturns and harvest failure, that pushed people to starvation. As a nation without a poor law (welfare) system until 1838, the poor relied on charity, whether from individuals or institutions for relief. In the late eighteenth and early nineteenth century, the ‘state’ (usually local corporations) introduced more direct welfare, sometimes in the form of relief payments but more usually access to workhouses. 
After 1838 and until the crisis of the 1847 famine, relief payments were removed and all welfare recipients had to enter the workhouse. Accompanied by a growth in institutional charitable services, the success and ‘care’ of the system could vary enormously between areas and organisations. What it did not do is significantly reduce poverty levels in the population.

Indeed, it was important that the poverty levels of welfare recipients were not reduced by the workhouse system. Like current ‘make work pay’ policies, poverty relief measures were designed so that those in the workhouse or receiving charity elsewhere did not have a significantly higher standard of living than those who provided for themselves. This principle was determined based on the wage of an independent labourer, one of the poorest but also largest categories of worker. The problem for the system was that independent labourers earned so poorly that they barely managed a subsistence diet. Their living conditions were extremely poor; many slept on hay in darkened huts with little furnishings or personal property.

Those who managed the system believed that a generous welfare system would encourage people to claim benefits and so could potentially bankrupt those paying into the system. This encouraged an active policy of ‘cruelty’. Not only were benefit recipients given meagre food and poor living conditions, but families were routinely broken up, the sexes housed in different wings and prohibited from seeing each other. Welfare recipients were often ‘badged’ or given uniforms to mark their ‘shame’, and workhouse labour was designed to be particularly physically challenging.  

It was a system underpinned by several interlocking beliefs about the Irish, the value of work and the economy. Hard work was viewed as a moral characteristic, something to be encouraged from childhood and promoted as ethical behaviour. Certain groups, notably the Irish poor but also the British lower orders and non-Europeans more generally, were viewed as lacking this moral characteristic and required it to be instilled by their social betters. Welfare systems that were not carefully designed to be ‘less eligible’ (i.e. a harsher experience than ‘normal; life for the working poor), were understood to indulge an innate laziness…..

Throughout history, welfare services have required considerable economic investment. Unsurprisingly, this has required those who run institutions of care for people also to keep a careful eye on their financial bottom line. More broadly, it has also required a monitoring of services to ensure value for money for the state and its taxpayers and to protect the interests of the service users. As has been seen recently in discussions of targets placed on staff providing welfare provision in the UK, such measuring systems can come to shape the nature and ethos of the service in damaging ways.

A relevant historical example of this is from the Australian laundry system in the late nineteenth and twentieth century. Young women were placed in youth homes and registered as delinquent for a wide range of reasons from petty criminal behaviour to perceived immorality (ranging from flirting with the opposite sex to premarital pregnancy), to having been neglected by parents. These homes, often run by religious organisations, were designed to ‘reform’ young (and occasionally older) women, preventing them from entering prostitution or other criminal pursuits. The main mechanism for ‘reform’ was through a moral discipline of work, which in many of these organisations revolved around a professional laundry service. Work was often unpaid or paid at very nominal sums, given to women on their release. The service, which catered to the general public, kept institutions financially afloat, and many became significant-sized businesses. They required women to work very long hours, in challenging conditions. Accidents, particularly burns, were not unusual. As businesses grew, other ‘reform’ efforts that ran alongside, such as education, became rarer.

The laundry became the driving focus of the institution. The women were cheap labour, and managing that machine became not just a means to an end, but shaped the logic and functioning of the care service. It is an example of how an economic imperative can come to adversely impact on care, by disrupting the purposes and functions of the service. It was also a process that significantly reduced the level of ‘care’ that such institutions provided, not only through a physical job that wore on the body but one reinforced with physical punishment, which came to include emotional and sexual abuse, and poor food and living conditions……

There are significant variations between the institutional care described here for the nineteenth century and a contemporary welfare state that encourages users, as much as possible, to remain outside ‘the system’. The capacity for ‘the state’ to control every dimension of a person’s life today is significantly reduced; conversely, the ability of those in need to fall into service ‘gaps’ as they cannot access services or negotiate bureaucratic systems, is in some ways increased. Nonetheless, there are parallels in the operation of both systems that should give contemporary policymakers pause. Abusive care does not just emerge from individual perpetrators, from the institutional model, or even a lack of policies on staff-client relationships, but also from the wider values and beliefs that shape the production of welfare systems; from the financial and emotional investments that we place in institutions; and from the corruption or occlusion of institutional targets and goals.


Ensuring that the ‘cruel’ practices reported of current systems do not become systematic issues on the scale of previous institutional abuses therefore requires not just monitoring a few rogue individuals, but a clear goal about what our welfare systems should achieve. The needs and interests of service users should be placed at their heart, coupled with a significant social, cultural and political investment in ensuring that goal is achieved. All other goals and targets for welfare service providers, especially their frontline staff, should be secondary to that and carefully designed so as not to interfere with that end. With rising rates of poverty, homelessness and illness, welfare systems look to continue to hold a central role in society for the foreseeable future. It is imperative that the abusive practices of previous ‘caring’ regimes are left firmly in the past.

Monday 5 March 2018

The Turnbull Government’s anti-democratic slide has been noted by UN



Human Rights Law Centre, 1 March 2018:

The Turnbull Government’s anti-democratic slide has been criticised at the United Nations Human Rights Council tonight, with the UN Special Rapporteur on the situation of human rights defenders delivering a major report on Australian democracy.

In an at times scathing report, the Special Rapporteur told the Human Rights Council that:

* he is “astonished” to observe “mounting evidence of regressive measures” being pursued by the Government;
* he was “astounded to observe frequent public vilification by senior public officials” of charities, community groups and democratic institutions who hold the Government to account “in what appears to be an attempt to discredit, intimidate and discourage them from their legitimate work”; and
* that there is an “increasing discrepancy and incoherence” between the Turnbull  Government’s statements on the world stage and its actions at home.

Dr Aruna Sathanapally, a Director of Legal Advocacy at the Human Rights Law Centre, said it was deeply disappointing that the pressure being placed on Australia’s democratic institutions and freedoms had reached this point.

“The Special Rapporteur’s report is careful, but unflinching, in his scrutiny of our democracy in recent years. The picture is one of sustained pressure on the people and institutions that hold our government accountable here, in Australia.”

“To get a seat on the UN Human Rights Council the Turnbull Government promised the world to “promote good governance and stronger democratic institutions” and “protect freedom of expression”.  But scrutiny and criticism of government are vital to a healthy democracy, even if governments find it inconvenient or annoying” said Dr Sathanapally.

“Right now, our government is pushing for new laws that would make it much harder for community groups, charities, academics if they want to speak publicly about government policies, let alone criticise government.  The Prime Minister is doing so even though these laws may well be struck down as unconstitutional on the grounds of the freedom of political communication,” said Dr Sathanapally.

“At the same time, the government is proposing sweeping new laws to keep government information secret, and punish whistle-blowers, that have been widely recognised as going too far in a democratic country. The government must move quickly to withdraw or fix these Bills if it is genuinely committed to democracy, and being accountable to the people,” said Dr Sathanapally.

Daniel Webb, a Director of Legal Advocacy at the Human Rights Law Centre, who is in Geneva for the Council session, will deliver a statement to the Council in response to the Special Rapporteur's report. Mr Webb will advise the Council that the regressive and undemocratic trend was continuing and urge the Turnbull Government to accept the UN’s recommendations in full.

Mr Webb said that the report showed that the Turnbull Government needed to dramatically improve its own human rights performance if it wanted to have strong influence on the Council, especially on democratic freedoms and its treatment of refugees and Aboriginal and Torres Strait Islander peoples.

“Victims of cruelty and injustice all over the world desperately need Governments like ours to be part of the UN’s principled spine, not to gnaw away at the foundations of human rights with hollow words and unprincipled actions,” said Mr Webb.

“But while our Government can blow its own trumpet on the world stage all it likes, its credibility and moral authority on human rights will be limited until it stops violating them,” said Mr Webb.


Wednesday 7 February 2018

As a new member of the UN Human Rights Council is Australia continuing to act the hypocrite?


For the second time in three months the UN Special Rapporteur on Extreme Poverty and Human Rights has written to the Turnbull Coalition Government concerning its welfare policies.

Australian-born Professor Alston has been Special Rapporteur on Extreme Poverty and Human Rights since June 2014.

The Commonwealth of Australia was elected on 16 October 2017 as a member of the UN Human Rights Council 2018-2020.

So the following news item is more than a little embarrassing with what it reveals about government policies.

ABC Radio RN Breakfast, 1 February 2018:

A top UN official has delivered a scathing assessment of Australia's welfare policies describing them as 'punitive' and harmful to women.

Australian Philip Alston is the UN's Special Rapporteur on Extreme Poverty. He accuses the government of pursuing policies that 'stigmatise' and 'marginalise' poorer sections of society.

In a letter sent to the government this week, Philip raised concerns about the planned expansion of cashless welfare cards, and their impact on indigenous communities.

The first letter dated 17 October 2017 addressed the Social Services Legislation Amendment Act 2017 (Cth) (No. 33 of 2017) and concerns that it may have a negative impact on the human rights of persons living in poverty, particularly single parents and their children, as well as expressing concerns about proposed drug testing of young people on unemployment benefits.

It would appear that the Turnbull Government’s welfare reforms make nonsense of Australia’s voluntary undertakings lodged with the United Nations on 14 July 2014 as part of its candidature for a vacancy on the UN Human Rights Council.

Saturday 20 January 2018

Quote of the Week 20 Jan 18


“Like it or not, Aboriginal Australians are the most disadvantaged, ostracised, criticised and victimised group in society. We experience racism pretty much on a daily basis. I speak from experience. This is Aboriginal life.” [Tauto Sansbury writing in The Advertiser, 31 December 2017]

Friday 19 January 2018

The growing cost of Australian Government policy concerning asylum seekers


Its asylum seeker policy is costing Australia more than a loss of international reputation......

Financial Review, 5 January 2018:

Maintaining Australia's hardline immigration and border policies cost taxpayers more than $4 billion last financial year, including nearly $1.6 billion on compliance and detention.

Treasury figures provided to a Senate estimates committee showed in 2017, the largest spending component for immigration and border protection activities was onshore compliance and detention, followed by $1.083 billion for the management of irregular boat arrivals and $1.059 billion on border enforcement……

a near $5 billion price tag for five years of Australia's offshore immigration detention program, including the total operational and infrastructure costs for Australia's detention facilities on Nauru and Papua New Guinea's Manus Island, peaking in 2015-16.

Friday 12 January 2018

Australian Politics 2018: and you foolishly thought things might get better this year


Well the democracy canary in the political coal mine fell senseless to the bottom of its cage this month when the Turnbull Government admitted that a high level of secrecy would surround its extra-parliamentary review of religious freedom in Australia.

The Sydney Morning Herald, 3 December 2017:

Public submissions to the Turnbull government's review of religious freedom in Australia will be kept secret, in a marked departure from normal processes, according to Prime Minister Malcolm Turnbull's department.

The department, which has control of the inquiry, said it would not publish the submissions, which is in stark contrast to ordinary parliamentary inquiries, in which most submissions are automatically released.

"Submissions to the Expert Panel will not be published online," a department spokesman said in an emailed statement. "However, where individuals provide consent, submission extracts may be included in public materials."

Late on Tuesday, however, Mr Turnbull's media team sought to intervene by suggesting inquiry chairman Philip Ruddock would decide if submissions were published. The PM's office then instructed his own department to issue a new statement to that effect.

An hour later, the department said decisions on releasing submissions would rest on "whether individuals have provided consent", but that appears impossible, because the online consent form assures people their submission "will not be published in its entirety".

It is expected the high-profile inquiry - prompted by fears about the impact of same-sex marriage on religious practice - will attract submissions from Australia's biggest churches, including the Catholic and Anglican archdioceses of Sydney and Melbourne. It presents an opportunity for religious organisations and other advocates to spell out the exact changes to the law they believe are necessary.

Mr Ruddock said when contacted on Tuesday that the panel had not discussed the publication of submissions and ultimately it was a matter for the PM's department…..

The expert panel - which also includes Australian Human Rights Commission president Rosalind Croucher, Catholic priest Frank Brennan and retired judge Annabelle Bennett - is expected to meet for the first time next Wednesday. 

However, the negative response in mainstream and social media saw the democracy canary revived and placed on life support as the secrecy provisions in the online Consent form have been changed and now only apply to all those submissions received to date.

"The Expert Panel has not yet determined a final approach to publication of submissions. Submissions already provided will not be published without the agreement of the author" 

Which given that the majority of submissions would have been received by now means that it is highly unlikely that submissions made on behalf of religious institutions will ever be published by the Expert Panel.

NOTE

The submission period for the Religious Freedom Review commenced in December 2017 and ends on 31 January 2018 with the Expert Panel to deliver its findings by 31 March 2018.

Thursday 11 January 2018

President Trump still doesn't have outright victory for his policy of banning Muslim entry to USA and the legal fight opposing these bans enters its second year


The legal fight against President Donald J. Trump’s Muslim travel bans ended 2017 with another victory for the State of Hawaii et al and the fight now enters its second year on 3 February 2018.


For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in this appeal of the district court’s order preliminarily enjoining portions of § 2 of Proclamation 9645 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the “Proclamation”).

The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well.

Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation.

On these statutory bases, we affirm the district court’s order enjoining enforcement of the Proclamation’s §§ 2(a), (b), (c), (e), (g), and (h). We limit the scope of the preliminary injunction, however, to foreign nationals who have a bona fide relationship with a person or entity in the United States…..

For all of these reasons, we affirm in part and vacate in part the district court’s preliminary injunction order. We narrow the scope of the injunction to give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court’s decision in IRAP, 137 S. Ct. at 2088. In light of the Supreme Court’s order staying this injunction pending “disposition of the Government’s petition for a writ of certiorari, if such writ is sought,” we stay our decision today pending Supreme Court review. Trump v. Hawai‘i, No. 17A550, — S. Ct. —, 2017 WL 5987406 (Dec. 4, 2017). Because we conclude that Plaintiffs have shown a likelihood of success on their statutory claims, we need not reach their constitutional claims.

Video of closing argument on behalf of Plaintiffs-Appellees:

The matter is ongoing in 2018.

Background can be found at University of Michigan Law School, Civil Rights Litigation Clearing House.

Wednesday 3 January 2018

A professed 'Christian' man named in at least one human rights complaint to the International Criminal Court vows to defend Christianity in 2018


The Sydney Morning Herald, 22 December 2017:

Scott Morrison says he will fight back against discrimination and mockery of Christians and other religious groups in 2018, in comments that position him as one of the leading religious conservatives in the Turnbull government. 

Mr Morrison also promised to play a leading role next year in the debate about enshrining further "protections" for religious freedom in law, which will be informed by a review currently being led by former Attorney-General Philip Ruddock.

For overseas readers who may not know this man, he is enthusiastic Hill Song Church devotee, Liberal MP for Cook, former Minister for Immigration and Border Protection, former Minister for Social Security and current Australian Treasurer Scott John Morrison.

On his ministerial watch alleged human rights abuses occurred in overseas detention centres on Manus Island and Nauru. These incidents included deaths of asylum seekers such as that of Reza Berati.

Alleged abuses continue to be reported to this day.

In a 2016 communique to the International Criminal CourtScott Morrison, along with Malcolm TurnbullTony AbbottKevin RuddJulia GillardJohn HowardPeter DuttonTony BurkeBrendan O’ConnorChris BowenChris EvansKevin AndrewsAmanda VanstonePhillip RuddockBaron Waqa and Rimbink Pato, was named as administrating authority having responsibility in relation to the offence of unlawful confinement.

Wednesday 13 December 2017

Five Australian Prime Ministers & Nine Immigration Ministers Named In Communique To The International Criminal Court in 2016


“Perpetrators – Individual responsibility
40. On the basis of the brief factual outline provided above, there are a number of persons who have, or would have had whilst elected, knowledge of the relevant facts outlined in the elements detailed below, and played a considerable role in the implementation and enforcement of the Immigration Policies. Further, these people have, or would have had whilst elected, the requisite intent to cause a particular consequence or were aware that the consequence would occur in the ordinary course of events (for example, that the implementation and enforcement of the Immigration Policies would result in Immigration Detention, or deportation and Immigration Detention, of boat people).” [In The Matter Of A Prosecution Of The Australian Government In Relation To Indefinite Detention And Forcible Removal Of Asylum Seekers (2016), p.]

In a communique to the International Criminal Court, Malcolm Turnbull, Tony Abbott, Kevin Rudd, Julia Gillard, John Howard, Peter Dutton, Scott Morrison, Tony Burke, Brendan O’Connor, Chris Bowen, Chris Evans, Kevin Andrews, Amanda Vanstone, Phillip Ruddock, Baron Waqa and Rimbink Pato were all named as administrating authorities in relation to the offence of unlawful confinement.

Tuesday 12 December 2017

Turnbull was out and about in an orgy of self-praise in the days following Australian Parliament vote for same-sex marriage


“I've personally delivered the marriage bill to the Governor-General. Same sex marriage will be the law of the land at midnight!” [Australian Prime Minister Malcolm Turnbull, Twitter, 8 December 2017]

Coffs Coast Advocate, 8 December 2017:

AUSTRALIAN Prime Minister Malcolm Turnbull has hailed the passage of same-sex marriage legislation in Canberra as a "huge success" in a "day of joy".

"What a day. What a day. What a day in history. What a day for love," the Prime Minister said on The Project.

"What a day to put our arms around same-sex couples and say we love you, we respect you, you have all the rights that everyone else has had for so long - now we're all at one."

While he acknowledged the postal survey had a "few critics", Turnbull said it allowed the country to have their say and he was "so proud" to be the country's leader "when we have made this big decision."

When shown comments from same-sex marriage advocate Magda Szubanski accusing him of "gloating and taking credit" for what has been a painful and divisive few months for many, the PM was unrepentant.

"We have delivered this. But we've delivered this in a way that is respected all Australians and it's now the law of the land," he said.

Speaking to Leigh Sales on 7.30, Mr Turnbull expressed similar sentiments.

"I am so proud this has occurred while I'm prime minister, while the Liberal and National parties are in government," he said.

"Surely you would also like to acknowledge that the Labor Party has played a role in getting this legislation through," Ms Sales shot back.

"Well, look Leigh, this is not the time to do the usual tit-for-tat. I mean, Labor certainly supported it, and that's good. They had six years in office and did nothing about it. That's not so good.
And of course they did everything they could to stop every Australian from having their say."

That is not exactly how I remember it, Mr. Turnbull……….

On 3 December 2011, Australian Labor Party’s policy platform was amended to include support for same-sex marriage, with Labor parliamentarians allowed a conscience vote on the issue.

Then on 19 September 2012  Marriage Amendment Bill 2012, A Bill for an Act to amend the Marriage Act 1961 to establish marriage equality for same-sex couples, and for related purposes, introduced by Labor MP for Throsby Stephen Jones on 13 February 2012, voted down in Division on 19 September, Aye votes included – Shorten, WR, Noe votes included - Turnbull, MB.

It took until 8 August 2016 before the Australian Marriage Law Postal Survey was announced and, as a voluntary, national non-binding postal survey on the question of same-sex marriage it did not require a vote in the Australian Parliament in order for this survey to be conducted.

By 10 August 2017 Leader of the Opposition Bill Shorten had delivered the Matter of Public Importance – Marriage speech in the House of Representatives supporting same-sex marriage survey:

But we cannot let illegitimate tactics deter us; we cannot sit on the sidelines. I can understand LGBTI Australians' sense of frustration and of betrayal by the parliament. But the most powerful act of resistance is to vote yes for equality. Maintain your hope, maintain your enthusiasm and vote yes. And make sure your friends, relatives, colleague, classmates and teammates vote yes too. Get your name on the electoral roll today; make your voice heard. Voting yes is not about endorsing this illegitimate process, it's about refusing to walk past our fellow Australians when they need us. This is my message for business leaders, sporting clubs, the union movement and community groups: it's time to get involved; it's time to organise and fight for equality……I will be voting yes. I will be campaigning for a yes vote. I will do my bit, and I encourage people to join the movement for marriage equality, because no true leader is ever too busy to fight for the fair go in this country.  

Australian Marriage Law Survey forms began to be posted out to eligible voters on 12 September 2017.

However, the only person stopping the tabling of a new bill amending the C'wealth Marriage Act 1961 between August 2015 and September 2017 was you, Prime Minister Turnbull and your personal fear of the far-right in your own government.

Sunday 10 December 2017

A Tweet To Remind Us All


Thursday 7 December 2017

Marriage Equality finally arrives in Australia



Thursday 30 November 2017

Human Rights Law Centre & OECD Watch lodge international complaint over Australia's failure to investigate abuses by Manus Island contractor


Human Rights Law Centre, 27 November 2017:

Australian companies need to be held to account for human rights abuses they commit overseas, but Australia’s complaints system is woefully inadequate and in desperate need of reform.

The Human Rights Law Centre and OECD Watch have today requested the Organisation for Economic Co-operation and Development (OECD) to investigate the Australian Government’s handling of a complaint against its former security contractor G4S in relation to alleged abuse of refugees on Manus Island.

Keren Adams, Director of Legal Advocacy at the HRLC, said Australia’s OECD National Contact Point, managed by Treasury, has a history of rejecting complaints against companies on spurious grounds.

“When accountability mechanisms fail, injustices flourish. The National Contact Point is a toothless tiger that rarely investigates and has never made a finding against a company. It needs a total overhaul,” said Ms Adams.

The OECD appeal centres around an earlier complaint brought in 2014 against G4S for its role in the violence on Manus in which Reza Berati was killed and 77 other men were injured. A G4S security guard was one of two men subsequently convicted of the murder.

The Australian National Contact Point declined to investigate the complaint, stating that it was not its role to comment on Australian government policy. It also concluded that G4S had limited ability to influence the safety and security of the men in detention, given control of the facility was the responsibility of PNG.

“The handling of the G4S complaint was appalling. We are talking about an incident in which a company’s employees are known to have beaten a man in their care to death and attacked others with crowbars and machetes. For the National Contact Point to have found the matter didn’t even warrant investigating raises serious questions about its credibility,” said Ms Adams.

The appeal challenges these findings as a direct breach of Australia’s international responsibilities under the OECD’s Guidelines. It is the first time a country’s handling of a complaint of this kind has been appealed to the OECD.

Ms Adams said she hoped the OECD would compel Australia to lift its game in its handling of future complaints.

“We are asking the OECD Investment Committee to find that the National Contact Point failed in its obligation to operate accessibly and without bias. Even more importantly though we are asking them to make recommendations as to how Australia can improve this complaints body going forwards,” said Ms Adams.

The appeal coincides with the start of the United Nations Forum on Business and Human Rights in Geneva, where experts from around the world will gather to discuss how governments can better address human rights abuses by business.

Download the HRLC's original complaint here: OECD Guidelines-specific instance-G4S

Monday 20 November 2017

The depths to which xenophobia and bigotry has reduced Australia


Australia began to ignore its obligations under international law in 1992 and its determination to turn back asylum seeker boats and reduce the number of refugees accepted into this country grew apace until this is the situation in November 2017.

The New York Times, 18 November 2017:

Veteran United Nations officials said this month they had never seen a wealthy democracy go to such extremes to punish asylum seekers and push them away.

Papua New Guinea officials and local leaders, enraged at how the camp’s closure was handled, have demanded to know why Australia is not doing more to help the men.

HuffPost, 18 November 2017:

MELBOURNE (Reuters) - Australia's main medical association called on Saturday for the government to allow independent doctors and other health experts to help more than 400 asylum seekers languishing inside a recently closed detention center in Papua New Guinea.

The asylum seekers have shut themselves inside the Australian-run Manus Island Centre for the past 18 days, defying attempts by Australia and Papua New Guinea (PNG) to close it in a standoff the United Nations describes as a "looming humanitarian crisis".

Australia has shut access to the center, and staff, including doctors, have left, leaving the men without sufficient food, clean water, power or medical care.

Members of the Australian Medical Association (AMA) voted unanimously on Saturday to call on the government to grant access to the center so doctors could assess the men's health, wellbeing and living conditions.

"The AMA has made many representations on this matter, both publicly and in private but, with a worsening and more dangerous situation emerging on Manus, the federal council strongly believes that urgent action and answers are needed," AMA President Michael Gannon said.

The Australian, 17 November 2017:

Immigration Minister Peter Dutton has warned New Zealand it may damage its relationship with the government if it chooses to take Manus Island refugees without the approval of Australia.

Mr Dutton said New Zealand and Papua New Guinea “would have to think through” the impact it would have on their relationship with Australia if they made a unilateral agreement to resettle refugees from the offshore detention centre.

New Zealand Prime Minister Jacinda Ardern has put pressure on the Turnbull government to accept its offer to resettle 150 refugees from Manus Island. The PNG Supreme Court ruled last week the asylum-seekers and refugees were probably the responsibility of PNG, opening the door for an agreement to resettle refugees without permission from Australia.

The Sydney Morning Herald, 5 November 2017:

As the Manus Island detention centre stand-off entered its fifth day, Mr Turnbull held talks with New Zealand Prime Minister Jacinda Ardern in Sydney, where she formally extended to Mr Turnbull the offer to take in 150 people. "The offer is very genuine and remains on the table," she said.

But Mr Turnbull said Australia remained focused on the US refugee resettlement deal, which has so far resulted in 54 people being resettled. The US deal covers up to 1250 people but US President Donald Trump dislikes it and vetting is taking a long time.

"In the wake of that deal obviously we can consider other ones," Mr Turnbull said. "We thank New Zealand for making an offer – we are not taking it up at this time."

New Zealand first made its offer to Julia Gillard's government in 2013 but it has been rejected by both Labor and the Coalition. Opposition Leader Bill Shorten has now called on Mr Turnbull to accept it, saying it is similar to the US deal.

Sky News, 4 November 2017:

The United Nations human rights office has called on Australia to restore food, water and health services to about 600 interned refugees and asylum seekers in Papua New Guinea, which Canberra cut off three days ago.

The detainees in the Manus Island Centre have defied attempts by the governments of Australia and PNG to close the camp, saying they fear violent reprisals from the local community if they are moved to other 'transit centres'.

'We call on the Australian government ... who interned the men in the first place to immediately provide protection, food, water and other basic services,' UN rights spokesman Rupert Colville told a news briefing on Friday.

Australia has an obligation to do so under international human rights law and the 1951 UN Refugee Convention, he said.

There was no immediate comment from Australia or its representatives in Geneva. Its government has said the camp had been ruled illegal by PNG authorities and it had committed to supply other sites for 12 months.

Colville joined the UN High Commissioner for Refugees in warning of an 'unfolding humanitarian emergency' in the centre where asylum seekers began digging wells on Thursday to try to find water as their food supplies dwindled.

The remote Manus Island centre has been a key part of Australia's disputed immigration policy under which it refuses to allow asylum seekers arriving by boat to reach its shores, detaining them instead in PNG and Nauru in the South Pacific.

'We repeat our overall concerns about Australian offshore processing centres which are unsustainable, inhumane and contradictory to its human rights obligations,' Colville said.

Around 500 of the men have still not had their asylum claims processed, he said.

Wednesday 15 November 2017

How the NSW North Coast voted in the national same-sex marriage postal survey


Across Australia 12,691,234 registered voters responded to the Australian Marriage Law Postal  Survey with 61.6% of respondents answering YES and 38.4% answering NO to the question “Should the law be changed to allow same-sex couples to marry?

In NSW, 81.3% (2,147,973) of eligible females and 77.5% (1,947,546) of eligible males responded to the survey.

By NSW North Coast federal electorate:

Richmond – 67.9% of survey respondents answered YES and 32.1% answered NO
Page -  59.7% of survey respondents answered YES and 40.3% answered NO
Cowper – 60% of survey respondents answered YES and 40% answered NO

For a full breakdown of survey results go to https://marriagesurvey.abs.gov.au/results/

On 15 November 2017 the far-right of both Coalition parties are going to attempt to scuttle genuine marriage equality in Australia


“Liberal senator James Paterson’s private members bill to “protect religious freedoms” would enshrine exceptionalism discriminating against gays. Gays would be allowed to marry, but anyone and everyone who wanted to deny them service would be legally allowed to do so. We don’t tolerate such discrimination based on race or ethnicity.” [Professor of Politics, University of Western Australia, Peter van Onselen writing in The Australian, 13 November 2017]


It comes as no surprise that this bill is being sponsored by that chinless wonder, former Institute of Public Affairs member and Liberal Senator for Victoria James William Paterson (pictured left).


The Australian, 13 November 2017:

A conservative-backed same-sex marriage bill enshrining wide-reaching shield laws for celebrants, businesses, educators, charities and parents opposed to gay marriage will be taken to the Coalition partyroom in a looming showdown over freedom of speech and religious protections.

The 34-page bill, obtained by The Australian and to be released today by conservative Victorian Liberal senator James Paterson, would override state and territory anti-discrimination and freedom-of-speech laws to extend protections beyond religious affiliation to anyone who holds a “conscientious belief” in traditional marriage.

Significantly, the bill also ­includes a “safe schools” clause to confer rights to parents who want to remove their children from classes if they believe the values being taught do not accord with a traditional view of marriage.

In what will become a potentially critical test of Malcolm Turnbull’s leadership, the bill will be taken to the Liberals’ partyroom when it next meets in two weeks and presented as an alternative model to that favoured by moderates and sponsored by ­Liberal ­senator Dean Smith, which offers only limited protection.

However, it is believed there are plans to table the bill in the Senate as early as Wednesday if needed following a likely Yes ­result in the gay marriage postal plebiscite.

The release of the draft Marriage Amendment (Definition and Protection of Freedoms) bill 2017 will blindside moderate Liberal MPs who last week were demanding the release of any proposed conservative-backed model.

The bill is expected to receive qualified support today from the majority of the conservative bloc and will present a challenge to moderate MPs, with Senator ­Paterson being an open supporter of gay marriage.

Some conservative MPs, however, are likely to argue that the bill does not go far enough with new polling revealing overwhelming public support for laws to protect freedom of speech, religion and parental rights.

The bill requires not only amendments to the Marriage Act but an amendment to the federal Sex Discrimination Act. It would also override prevailing state and territory anti-discrimination laws that offer no protection for people with a traditional view of marriage.

The protections to shield proponents of traditional marriage from civil law suits, however, will be limited to only those goods and services directly related to the solemnisation of a same-sex marriage or the provision of a wedding. This includes goods and ser­vices provided by florists, bakers, hotels or function centres but only so far as they relate to a same-sex ­wedding.

Senator Paterson, who sat with Senator Smith on the Senate committee ­inquiry into same-sex ­marriage, said the bill better reflected the recommendations on preserving human rights and the protections of a diversity of views.

“If the parliament opts for a narrower bill with fewer protections, I fear we will see some Australians seek to impose their values on others, with court cases and other legal mechanisms. No one should want to see the messy court cases that have occurred after same-sex marriage was legalised in other countries,” Senator Paterson said

The potential clash with Liberal moderates was foreshadowed yesterday with North Sydney MP Trent Zimmerman telling Sky News the debate over religious freedoms was a separate issue to same-sex marriage.

“If Australians vote for marriage equality and then ... the parliament for any reason delays or seeks to obfuscate or seeks to thwart the wishes of the Australian people, then I think the view of our parliament, the view of this process will be significantly diminished,” he said. “We should have it resolved before Christmas, I don’t think Australians will tolerate delay.”

“What we’ve seen during this debate is the conflation of a whole range of issues which frankly have nothing to do with the Marriage Act. And they can be debated. Protecting religious freedoms is something that Liberals feel very strongly about. But they shouldn’t be confused with this bill which is designed to deliver marriage equality.”

While the bill being proposed by conservatives gives effect to changing the definition of marriage to include same-sex couples, it proposes more than 80 amendments covering six key protection provisions that Senator Paterson insists would ensure Australia’s obligations under the International Covenant on Civil and Political Rights.

The most contested amendment is likely to arise from a new definition of “conscientious objection” which offers protection to anyone from being forced to participate in a same-sex wedding “against their sincerely held ­beliefs”.

Anti-detriment laws would also be applied to prevent government agencies taking adverse action against a person who holds a ­traditional marriage belief and ­extend that shield protection to professions that are licensed, such as doctors and lawyers. Businesses and individuals would, however, not be included, preserving freedom of association.

Charities that held a belief in traditional marriage could not be stripped of their charitable status, as has occurred in other countries, while Christian schools and institutions would be protected in teaching traditional marriage.

Most critical to the case put by MPs, is parents’ rights to choose to remove their children from school classes that conflict with their values, providing a safeguard for parents who object to the controversial Safe Schools program.

The Private Member's Bill: