Friday, 28 July 2017

One Nation Senator Malcolm Roberts' British citizenship renunciation timeline not clear



On Sunday 8 May 2016the Prime Minister announced there would be a federal election on 2 July that year.

Writs were issued on 16 May and the rolls closed 23 May 2016.

At 12 noon on Thursday 9 June 2016 close of nominations for both House of Representatives and Senate candidates occurred.

Early voting commenced on 14 June and Election Day ended at 6pm on 2 July 2016.

According to One Nation Senator Malcolm Ieuan Roberts as reported in The Age on 27 July 2017; he wrote to the British authorities on May 1 last year to ask them whether he was a British citizen, given he was born to a Welsh father in India.
He says he got no response so he wrote a further email on June 6 - three days before nominations closed - saying that if he was a citizen he fully renounced. He subsequently nominated as a candidate and won a Queensland Senate seat.

However, this tweet by Chief Political Correspondent, Sydney Morning Herald & The Age, James Massola, throws Malcolm Roberts assertion that he was not a British citizen at the time of nomination into doubt.


It appears that U.K. authorities and Mr. Roberts may possibly have different views of when he ceased to be a British citizen.

I strongly suspect that the High Court of Australia would be inclined to accept the word of the U.K. Government over that of Malcolm Roberts if this difference is confirmed.

The American Resistance has many faces and this journalist is one of them (12)


In June 2017 the U.S. White House banned cameras from its regular press briefings. The last live on-camera White House briefing was on 29 June and live audio-only ceased at some point after that.

At first news agencies were reduced to the absurd – painting short word pictures or using sketch artists to depict action.




In July ABC (USA) began showing "The Briefing Room" with its in-house political team analysing the now 'invisible' press briefings.

Then the dam wall was breached......

The Washington Post, 19 July 2017:

It was only a matter of time.

At every White House news briefing since June 29 — and many before, too — President Trump's spokesmen have ordered a room full of smartphone-toting journalists not to film the session or even broadcast live audio. On Wednesday, one reporter defied the White House by streaming live sound of the briefing online.

Ksenija Pavlovic, a former political science teaching fellow at Yale who founded a news site called Pavlovic Today, used the Periscope app to stream audio of Wednesday's briefing. She tweeted a link to the feed:
PBS News Hour followed suit as did ABC News (USA) with delayed audio posted on YouTube.

It is noted that two days later the White House announced an on-camera press briefing with Principal Deputy Press Secretary Sarah Sanders.

Well done Ksenija!


Thursday, 27 July 2017

Shorter UN Position: Australia's policy of offshore processing has caused extensive, avoidable suffering for far too long


To add insult to injury our very own J. Edgar Tuber, Peter Craig Dutton, Minister for Immigration and Border Protection & just about everything that isn't nailed down, has apparently been lying to the United Nations.


Australia’s policy of offshore processing in Papua New Guinea and Nauru, which denies access to asylum in Australia for refugees arriving by sea without a valid visa, has caused extensive, avoidable suffering for far too long.
Four years on, more than 2,000 people are still languishing in unacceptable circumstances. Families have been separated and many have suffered physical and psychological harm.
In light of this dire humanitarian situation, last November UNHCR exceptionally agreed to help with the relocation of refugees to the United States following a bilateral agreement between Australia and the US. We agreed to do so on the clear understanding that vulnerable refugees with close family ties in Australia would ultimately be allowed to settle there. 
UNHCR has recently been informed by Australia that it refuses to accept even these refugees, and that they, along with the others on Nauru and Papua New Guinea, have been informed that their only option is to remain where they are or to be transferred to Cambodia or to the United States.
This means, for example, that some with serious medical conditions, or who have undergone traumatic experiences, including sexual violence, cannot receive the support of their close family members residing in Australia.
To avoid prolonging their ordeal, UNHCR has no other choice but to endorse the relocation of all refugees on Papua New Guinea and Nauru to the United States, even those with close family members in Australia.  
There is no doubt these vulnerable people, already subject to four years of punishing conditions, should be reunited with their families in Australia. This is the humane and reasonable thing to do. 
The Australian government’s decision to deny them this possibility is contrary to the fundamental principles of family unity and refugee protection, and to common decency. 
UNHCR fully endorses the need to save lives at sea and to provide alternatives to dangerous journeys and exploitation by smugglers. But the practice of offshore processing has had a hugely detrimental impact. There is a fundamental contradiction in saving people at sea, only to mistreat and neglect them on land.  
Australia has a proud humanitarian tradition, manifested in its support for overseas aid and its longstanding refugee resettlement programme. I urge Australia to bring an immediate end to the harmful practice of offshore processing, offer solutions to its victims, for whom it retains full responsibility, and work with us on future alternatives that save lives at sea and provide protection to people in need.
At a time of record levels of displacement globally, it is crucial that all States offer protection to survivors of war and persecution, and not outsource their responsibilities to others. Refugees, our fellow human beings, deserve as much.
 Background
Approximately 2,500 refugees and asylum-seekers have been forcibly transferred by Australia to ‘offshore processing’ facilities in Papua New Guinea and Nauru since the introduction of the current policy in 2013. Of these, some 1,100 remain in Nauru and 900 in Papua New Guinea.
Following the Australia-US bilateral agreement on relocation, UNHCR has referred more than 1,100 refugees to the US over the past eight months. Another 500 people are still waiting for the outcome of the refugee status determination processing being carried out by authorities in PNG and Nauru, under the Australian arrangement.

More Australians live in New South Wales and Queensland than in the other states & territories combined


Australian Bureau of Statistics, media release, excerpt, 12 July 2017:

Queensland and New South Wales home to 52.1 per cent of Australia’s total population according to the 2016 Census of Population and Housing ……

NSW certainly has the numbers on their side, outnumbering Queensland residents by close to three million people (7,480,228 to 4,703,193), but Queensland is making a strong play with a faster growth rate of 8.6 per cent, compared with 8.1 per cent for NSW. …..

The 2016 Census tells us there are 28,864 Aboriginal and/or Torres Strait Islander people in NSW aged 18-35 years, just edging out Queensland with 25,053.

Between the two battling states, it seems the Cockroaches are the bigger earners, with NSW households earning a median income of $1,486 per week compared to $1,402 per week for a household in Cane Toad country. However, Queensland residents gain an edge with household costs – their median monthly mortgage repayment is $253 cheaper than it is south of the border, while the Sunshine State’s median weekly rent is $50 less. 

The Maroon State also tend to work more in the home, with a higher rate of people engaging in unpaid domestic work (71 per cent in Queensland to 68 per cent in NSW) and child care (28 per cent in Queensland to 27 per cent in NSW). However, the Blue State has a higher rate of providing unpaid care for a person with a disability (12 per cent in NSW to 11 per cent in Queensland)……

…..64.9 per cent of persons in NSW embraced the digital Census, completing their Census form online (above national average), just edging Queensland, where 62.9 per cent of persons used the online Census form (below national average). 


Note: All data presented is based on Place of Usual residence data in the 2016 Census

Wednesday, 26 July 2017

Liberal Senator Matt Canavan reveals he has dual citizenship but refuses to resign from the Australian Parliament


COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44, Disqualification, “Any person who: (i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; “

Liberal Senator for Queensland Matthew “Matt” Canavan has admitted to Prime Minister Malcolm Turnbull that he held dual citizenship when he was nominated for the Australian Senate in 2013.

His mother Maria and he, along his brother and sister, were registered as Italian citizens in January 2007. He would have been 26 years of age at the time.

Mr. Canavan knew that his mother was an Italian citizen but would have the world believe that he was unaware that he was so registered until 18 July 2017.

This is the official spin the Turnbull Government is offering the national electorate:

SENATOR THE HON GEORGE BRANDIS QC
ATTORNEY-GENERAL
LEADER OF THE GOVERNMENT IN THE SENATE

SENATOR THE HON MATT CANAVAN

Transcript of Statements on Senator Canavan’s Citizenship, Brisbane

25 July 2017 

ATTORNEY-GENERAL: Yesterday afternoon, Senator Canavan approached the Prime Minister, the Deputy Prime Minister and me to tell us that he had received advice from the Italian Embassy that, according to their records, he was registered as an Italian citizen.   

Senator Canavan will explain circumstances in which he came to be registered as an Italian citizen. In brief, it occurred in 2006 when Senator Canavan’s mother, who is of Italian heritage, registered both herself and members of her family, including Senator Canavan, with the Italian consulate in Brisbane as an “Italian Resident abroad,” which is a form of citizenship. Senator Canavan, who was an adult at the time, did not authorise this to be done on his behalf. The first he became aware that she had done so was when she raised the matter with him on 18 July. He then sought urgent advice from the Italian embassy, which was only confirmed yesterday afternoon.

In the meanwhile, the Government has taken advice from the Solicitor-General and we are in the process of taking advice from experts in Italian citizenship law. It is the Government’s preliminary view that, because the registration was obtained without Senator Canavan’s knowledge or consent, that he is not in breach of s. 44 of the Constitution. Nevertheless, in view of the legal uncertainty concerning the matter, when the Senate convenes on Tuesday week, the Government will move to refer the matter for determination by the High Court.

MINISTER CANAVAN:  Well thank you, George. As George has outlined I have become aware that according to the Italian Government, I am a citizen of Italy. I was not born in Italy, I’ve never been to Italy and, to my knowledge, have never stepped foot in an Italian consulate or embassy. Until last week, I had no suspicion that I could possibly be an Italian citizen. In 2006, my mother lodged documents with the Italian consulate in Brisbane to become an Italian citizen. In doing so, it would appear that she made an application for me to become an Italian citizen as well. I was 25 years old at the time. My mother was born in Australia but was able to obtain Italian citizenship through her parents, who were both born in Italy. While I knew that my mother had become an Italian citizen, I had no knowledge that I myself had become an Italian citizen, nor had I requested to become an Italian citizen.

Following the reporting of Senator Ludlam and Senator Waters last week, my mother raised with me, the possibility that I was in fact an Italian citizen, on Tuesday evening. I have, since then, taken steps to check my citizenship status with the Italian authorities and that has confirmed that I was registered as an Italian citizen in January 2007. The Italian authorities have confirmed that the application for Italian citizenship was not signed by me. To my knowledge, until this week I have not received any correspondence from the Italian authorities about my citizenship status and they have not been able to provide any such records.

In the short time available, I have not been able to obtain definitive legal advice as to whether my registration as an Italian citizen, without my knowledge or consent, was valid under Italian law. I am seeking to obtain that advice presently. On the basis of the advice the Government has obtained, and that George outlined, it is not my intention to resign from the Senate. However given the uncertainty around this matter, I will stand aside until the matter is finally resolved and resign as the Minister for Resources and Northern Australia. I have informed the Prime Minister of that course of action. Thank you.

The bottom line for Mr. Canavan is that by 2013 when he nominated for the Australian Senate he had known his mother was an Italian citizen for at least five years and he did not take reasonable steps to discover if her citizenship by descent had any impact on his own citizenship status.

Matt Canavan should do the honourable thing and resign from parliament immediately as other members of parliament have done before him.

UPDATE

The Courier Mail, 26 July 2017:

It also emerged today that Senator Canavan discussed Italian citizenship with his mother almost a decade ago.

It has also been alleged that the Italian Government has sent him voting forms for the last ten years.

Greed, plain and simple, is killing off NSW koalas and the Berejiklian Coalition Government continues to ignore this vandalism of habit


ABC News, 20 July 2017:

A koala habitat 50 per cent larger than the Royal National Park has been destroyed by logging, according to a new conservation report.

The report titled Clearing Koalas Away by conservationist Dailan Pugh, says more than 23,000 hectares of koala habitat near Coffs Harbour has been "virtually cleared".

"They're hitting them really hard. We're looking at about 40 per cent of koala habitat in state forests," he said.

Mr Pugh, an environmentalist for over 40 years, sourced the forestry data under freedom of information (FOI) legislation, in a bid to measure logging against known koala habitats.

Last year, then-environment minister Mark Speakman admitted "intensive harvesting" on the North Coast was "not consistent" with regulations, and said the Environment Protection Authority was investigating.

An EPA spokesperson declined to answer questions, but said "current rules are over 15 years old and lack clarity in important areas, including intensive harvesting".

Recent studies suggest less than 9,000 koalas survive on the North Coast, a 50 per cent decline in the past 20 years.

Habitat loss is widely acknowledged as a driver of the decline.



Mr Pugh said a sustainable logging method called "single-tree selection" is being misused by Forestry Corporation.

Single-tree selection permits the selective harvest of just 40 per cent of eucalypts trees in a logging zone — leaving 60 per cent of trees as off-limits.

But the off-limits status is temporary, and evidence shows these trees are heavily logged in later operations.

The reports highlights examples like Kerewong State Forest, with photos showing the heavy clearing of a mapped koala habitat.

Echo NetDaily, 13 March 2017:

A representative of the North East Forest Alliance (NEFA) was ejected from a meeting that he called with the Environment Protection Authority at Gibberagee State Forest after it was ‘gatecrashed by the Forestry Corporation’.

NEFA auditor Dailan Pugh said he was invited to Gibberagee by the EPA on Friday (March 10) so that he could show them logging was taking place into what were meant to be exclusion zones around the nationally Endangered Narrow-leaved Melichrus, which only occurs at Gibberagee.

But he was directed to leave by the Forestry Corporation without being allowed to show the EPA anything.

‘A month ago I sent the EPA a complaint after identifying that the Forestry Corporation were refusing to identify the legally required buffers around the Endangered plant Narrow-leaf Melichrus,’ Mr Pugh told Echonetdaily.

He added they were ‘recklessly damaging hollow-bearing and recruitment trees, and logging “unmapped” streams in the immediate catchment of the regionally significant seagrass beds of The Broadwater.’

‘Bryce Gorham of the EPA invited me to come out to the forest last Friday “to accurately identify (on ground identification) of the alleged breach of intrusion into a Melichrus sp.Giberagee exclusion zone”,’ he said.

‘I expected that the EPA would only invite me if they had the authority to do so.

‘The EPA were late, so while waiting I looked around, finding two more places where logging had extended into what were meant to be 50m exclusion zones around Narrow-leaf Melichrus, in one case by 22m.

‘When the EPA belatedly arrived they had a Forestry Corporation employee, Jamie Churchill, with them.

‘He told me to leave the forest on the grounds of occupational health and safety. I insisted that I had been invited into the forest by the EPA and that, in the area where we were, logging had finished some three months ago so we were not interfering with an active operation and there were no safety issues.’

Mr Pugh said he told both the EPA and Forestry Corporation that he had just found another legal breach nearby, and asked to at least be able to show it to them.

But, he added, the Forestry Corporation refused ‘and the EPA went along with them’.

‘After driving two hours to get there I was forced to leave without being allowed to show the EPA anything.

‘The EPA should never have invited me if they don’t have the authority to stand up to Forestry Corporation bullying.

* Image of  koala mother and cub from Independent Australia

Yindjibarndi People granted exclusive native title over their traditional lands


A short entry by the Federal Court of Australia heralds exclusive native title for the Yindjibarndi People over their traditional lands in the Pilbara region of Western Australia.

FEDERAL COURT OF AUSTRALIA

File number:
WAD 6005 of 2003
Judge:
RARES J
Date of judgment:
 20 July 2017

ORDERS

THE COURT ORDERS THAT:
1.    The parties consult and seek to agree and prepare a draft determination of native title for the Court to make under s 225 of the Native Title Act 1993 (Cth) to give effect to the reasons for judgment delivered today.
2.    The proceeding be listed for case management on 17 August 2017 at 11.30am.
Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

In the judgment Justice Rares stated in part:

54    I am satisfied, having considered all of the evidence, that this explanation of spiritual connection reflects both important traditional laws, that the Yindjibarndi acknowledged, and traditional customs, that they observed, at the time of sovereignty and continue to acknowledge and observe today. The explanation neatly captures the essence of the relationship of the Yindjibarndi to their country and their spiritual obligation, embedded in their traditional laws and customs, to protect that country, including from the presence and activities on it of strangers (or manjangu) unless the stranger(s) first obtain(s) permission from Yindjibarndi people.

55    In addition, I am satisfied that, if a stranger were free to enter Yindjibarndi country without permission, under those Yindjibarndi normative laws and customs that have continuously applied over the same time period, he or she could “hurt” the country by violating the Birdarra law, even if unintentionally; for example, by entering a sacred or restricted place, or taking something, such as a resource or animal, from the country. And, those laws and customs thus require the Yindjibarndi to protect their country from a manjangu gaining access to it or its living or inanimate resources without permission of a Yindjibarndi elder.

56    Moreover, I am satisfied by all of the evidence that the Yindjibarndi have continuously (since before sovereignty) acknowledged traditional laws and observed traditional customs relating to the presence, role and power of the spirits of the Marrga and “old people” in and over Yindjibarndi country.

149    I am satisfied that, on the evidence before me, the Yindjibarndi continue to acknowledge their traditional laws and observe their traditional customs that have existed since before sovereignty that a manjangu must seek and obtain permission from an elder before entering on Yindjibarndi country or carrying out activity there (except if the person is simply driving through).

150    Moreover, that conclusion is supported by the evidence of Dr Palmer, which I accept. He concluded that the Yindjibarndi had the right to exclude others who are not Yindjibarndi “and are consequently identified as manjangu”, but he also found that they had abandoned the pre-sovereignty right to put a trespasser to death.

151    Accordingly, I find that the Yindjibarndi have the exclusive right to control access to Yindjibarndi country and, in particular, to the claimed area.

PHOTO: The Yindjibarndi land extends across an inland section of the western Pilbara, including parts of the Millstream National Park. (ABC North West WA: Joseph Dunstan)
The response of that right-wing warrior Andrew Forest of Fortescue Metals was not long in coming.

The Australian, 21 July 2017:

A landmark court decision could set a new template for the way the mining industry approaches ­native title negotiation, after ­Andrew Forrest’s Fortescue Metals Group lost a long running claim over its Pilbara mining hub.

Fortescue could be on the hook for hundreds of millions of dollars in past and future royalties, following the biggest native title ruling to hit an Australian miner for years.

Even so, Fortescue yesterday moved to hose down concerns about the impact of a native title ruling over its Solomon mining hub, noting that it did not expect the ruling to have any “material” financial impact on or inhibit current or ­future operations.

The ruling gives the Yindjibarndi exclusive native title rights over Fortescue’s Solomon mining hub in Western Australia that ­accounts for at least 70 million tonnes of the company’s annual iron ore output.

While the ruling does not prohibit Fortescue from continuing to operate the Solomon mines, it does potentially leave Fortescue exposed to a compensation claim over the hundreds of millions of tonnes of iron ore mined at the project to date as well as possible royalties over future production.

The Guardian, 21 July 2017:

Fortescue Metals Group is likely to appeal against a determination of exclusive native title for Yindjibarndi people over land in the Pilbara which encompasses its Solomon Hub mine.

On Thursday the federal court ruled in favour of the Yindjibarndi traditional owners, awarding exclusive rights and interests over about 2,700 sq km of unclaimed crown land, which encompasses FMG’s $110bn mine.

The company responded on Thursday that it had “no commercial concerns and do not anticipate any material financial impact following the court’s determination,” but on Friday its chief executive suggested it would appeal.

Nev Power told ABC local radio he thought the court’s decision was wrong.

“I think we are likely to appeal,” he said. “It’s a very unusual decision in that the judge has found exclusive native title possession on this land, which we think is unlikely to be the case. So we will be looking at it definitely and considering an appeal.”

Following the decision on Thursday FMG shares dropped 19c to $5.19, and opened at $5.05 on Friday.