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.

Volunteering levels in Australia and on the NSW North Coast


There has been some talk in local media about volunteering levels, with one bright spark suggesting that volunteering be made mandatory.

But are volunteering levels in Australia in such dire straits?

If one looks at available statistics it appears that Australia is fairly well served by people willing to give their time and effort to local communities.

The same can be said for the NSW Mid & Far North Coasts.

Here is a breakdown of volunteering levels.

Volunteering Australia, 27 June 2017:

The 2016 Census revealed that Australia’s population is 23.4 million people. Of this:

* 3.6 million people or 19.0% of the population aged 15 years and over are engaged in voluntary work through an organisation or group.
  This is a 1.2% increase from the 2011 Census  results, where 17.8% of people responded they were engaged in voluntary work.
* The rates of volunteering are highest among males aged 45-54 years at 302,612 people.
* The rates of volunteering are highest among women aged 35-44 at 399,889 people.
* Overall, the rates of volunteering are highest in the 45-54 year age group at 679,602 people.

Prior to release of 2016 Census results the Australian Government released, Giving Australia 2016,  Individuals: Volunteering Overview:

An estimated 43.7% of adult Australians volunteered a total of 932 million hours in the 12 months prior to when surveyed in 2016. On average, volunteers gave 134 hours of their time over 12 months in 2015-16* or about 2.5 hours a week. The median number of hours volunteered annually was 55 hours (half did more and half did less).
*Participants were surveyed over February to September 2016 about giving in the 12 months prior.

Women are more likely to volunteer than men,  people aged between 35 and 44 are more likely to volunteer than other age groups, with 45–54 year olds the second most likely to volunteer, and volunteers 65 years and over volunteered the most hours on average.

Some 38.2% of people responding both volunteered and donated to nonprofit organisations.

The average donation was $1,017.11.



Volunteer Australia, submission, July-August 2017:

A 2017 Senate inquiry report into the Future of Australia’s aged care sector workforce also highlighted this with, “83 per cent of residential facilities and 51 per cent of home care and home support outlets utilising volunteer staff.” The inquiry also heard that “there are five volunteers for every paid worker in the not-for-profit sector, at a value of about $290 billion per annum. In 2016, 23,537 volunteers provided 114,987 hours of care to older Australians in residential facilities.”

North Coast NSW Medicare Local, North Coast Health Needs 2014:

The percentage of people volunteering in each LGA on NCNSW is higher than the NSW average.


Northern Rivers Social Development Council (NRSDC) undertook a Community Wellbeing Survey to measure how people felt about their quality of life and to highlight current social conditions. Forty one percent of people reported they volunteered with a local group (36% nationally). Forty four percent of survey respondents felt valued by society and 90% felt that they could get help from family and friends if needed.

By 2016 these were the volunteer levels across the NSW Northern Rivers region:

* 18.2% of the Tweed LGA population;
* 19.5% of Richmond Valley LGA population;
* 20.7% of the Clarence Valley LGA population;
* 22.9% of the Ballina LGA population;
* 23.2% of the Lismore City LGA population;
* 25.0% of the Byron LGA population;
* 26.1% Kyogle LGA population;

were reporting doing some form of voluntary work in the last twelve months. [ABS Census 2016 & profile.id.com.au]

Overall it appears that an est. 21.1 per cent of the Northern Rivers regional population does voluntary work, which is a higher percentage than the 2016 NSW state benchmark of 18.11 per cent .

Basically volunteer levels in the Northern Rivers are holding steady at last count. Every local volunteer should give themselves a pat on the back!

Sunday 19 November 2017

FACT CHECK: Size comparison - cargo vessel Island Trader and cruise ship Caledonian Sky


The debate concerning the Sydney-driven proposal to make the Port of Yamba a cruise ship destination continues.

I have noticed there has been some comment on social media that the small cruise ships Yamba could expect to have ‘visit’ would be same size or smaller than the Island Trader which used Yamba as its home port for around 17 years.

The phrase “small cruise ship” is being taken literally and the conclusion invited is that these cruise ships are so small there is nothing to be concerned about.

To assist with a more accurate size comparison I have laid out the dimensions of the cargo vessel MV Island Trader and the passenger ship MV Caledonian Sky below.

The comparison indicates that if the proposal goes ahead the average small cruise ship entering the Clarence River estuary is likely to be at least twice the size of the Island Trader.

# This is MV Island Trader

The Island Trader was built in 1981, has 485 gross tonnage, dead weight of 242t*, is 38.8m long, 9m wide and has a maximum draft of 2.8m.

This cargo vessel is owned by Lord Howe Island Sea Freight Pty Ltd and since 2009 has called Port Macquarie its home port.


# This is the small cruise ship MV Caledonian Sky due to enter Port of Yamba on or about 24 October 2018

The Caledonian Sky was built in 1991, has 4,200 gross tonnage, dead weight of 645t*, is 90.6m long, 15.3m wide and has a maximum draft of 4.25m.

This passenger ship is reportedly owned by Noble Caledonia Limited and is currently sailing under the flag of Bahamas.

* Dead Weight is the maximum weight of the cargo, crew, passengers, stores and bunkers that it can safely carry when loaded so that it settles in the water to the Plimsoll line.

Post Same-Sex Marriage "Yes" Victory: I want everyone to have the right to discriminate against the LGBTI community


Tony Abbott on Facebook, 15 November 2017:

I always said this was an issue where the Australian people wanted their say and today’s result demonstrates that seeking their views was the right thing to do.
I congratulate the “yes” campaign on their achievement.

The people have spoken and, of course, the parliament should respect the result.
I also thank the 4.7 million Australians who supported marriage between a man and a woman.

Both the Prime Minister and the Opposition Leader have pledged their support for freedom of religion.

I look forward to a parliamentary process that improves on the Dean Smith bill to implement same sex marriage with freedom of conscience for all, not just the churches.

So far, this process has been a credit to us as a nation and now needs to be completed in a way that keeps us the best country in the world.

Saturday 18 November 2017

Tweet of the Week


Quotes of the Week


“Not sure if this has been posted but Jesus, this is wrong on levels yet to be described by science.”  [Jeremy Parkinson writing in Facebook on 9 November 2017 with regard to a US newspaper opinion piece describing New Zealand as being in the grip of the far right]


“The number of MPs and senators suspected of failing to obey the Constitution’s requirements on dual citizenship is now 28 to 30 by some counts, and only the High Court can rule on their status.”
 [journalist Malcolm Farr in news.com.au, 10 November 2017]


"What is #absurd is people who under our constitution are illegitimately elected to parliament think that the problem is with the constitution"  [mark‏ @Golfologest on Twitter, 11 November 2017]

Friday 17 November 2017

It is being suggested to Lower Clarence communities that inviting the cruise ship industry into the Clarence River estuary will bring financial gain to their towns - but will it?


At this month’s ordinary monthly meeting Clarence Valley Council will be considering whether or not to give in principle support to the NSW Government’s proposal to designate the Port of Yamba as a cruise ship destination and possibly build a cruise ship terminal in the Clarence River estuary.

The Berejiklian Government appears to be presenting this proposal as a way to increase the annual regional income of the Clarence Valley. But is it and will it?

Nowhere have I found any mention of the business model employed by the global cruise ship industry. An industry which seeks to create demand through the judicious use of political donations and paid lobbyists.

According to  Professor Ross Klein, Associate Dean for Graduate Programs and Research, Memorial University of Newfoundland; “Standing up to a cruise line can sometimes be difficult, especially given the industry’s generous contributions to political campaigns, their active lobbying efforts, and their degree of influence with mass media” [Klein, R. (2013) The Cruise Industry’s Business Model: Implications for Ports]

As an example, between 1997-2007 Cruise Line International Association spent US$10 million on lobbying the U.S Congress

In the first instance the business model used by cruise ship operators seeks to have passengers spend most of their money on-board the ship.

So many of the traditional services supplied on a cruise are no longer covered by the upfront cost of the fare and attract an additional charge per use.

Any land-based tours or shopping trips are organised by the cruise operator and not infrequently the cost is not absorbed by the cruise line so a fee for participation is paid by passengers directly to this shipping company.

The fee paid by the cruise operator to a land-based tour business contracted to supply the actual service usually ranges from as little as 10% up to an est. 50% of the fee paid by passengers.

Even when passengers leave the ship to wander around coastal zone towns you can bet that the cruise ship operator will have approached local businesses requesting a fee to include these businesses on a list of recommended shops/cafes/hotels/clubs - because that is part of the business model.


From state government a cruise line expects and often receives reduced harbour fees & charges and from state and local government it expects upgrades in infrastructure worth literally millions of dollars, without giving a firm guarantee that it will continue to use a particular port as a genuine destination rather than as a short "technical call".

What is worse is that once the cruise industry becomes established in a small port there is evidence to suggest that the regular incursion of up to 350 passengers at a time into coastal towns sees a decrease in the number of land-based tourists, who now see these towns as crowded and impersonal - no longer offering an intimate holiday experience.

It is these land-based tourists who fill Yamba and Iluka’s camping grounds, motels, hotels and holiday units and, are more likely to patronise the full range of dining/entertainment/sporting experiences on offer. So to see a significant proportion of them replaced by cruise passengers over time is not likely to compensate for the risk of economic loss during peak holiday periods in the Lower Clarence.

The first small cruise ship is due in Yamba on or about 24 October 2018 and this is it’s published itinerary: arrive during breakfast, disembark to visit “Flinders Well, Yamba Lighthouse, and the Yamba Historical Museum” or “alternatively walk in the nearby Iluka Nature Reserve”, return to ship for lunch and depart in the afternoon.

Now I'm no economist but even I know that this itinerary doesn’t exactly ring the till in a big way for businesses in Yamba or Iluka.

This cruise ship, which is a repeat offender when it comes to reef and coral damage, is probably coming in on the high tide but as it expects to leave in the afternoon it is not going out with maximum water depth under its keel  -  which should ring some alarm bells.

Through the prism of this industry business model the Port of Yamba will not be seen as a boutique destination but merely as one more excuse to extend the number of nights passengers spend on a floating hotel being milked by the hotelier for as much money as possible before they finally leave the cruise at a major city port.

What Australian lobbyists for the cruise industry are not telling the regional ports they are currently attempting to smoodge is that when it comes to Australian east coast cruise destinations Sydney, Brisbane and Melbourne accounted for 65% of total passenger onshore visit days and 90% of the home port passenger onshore visit days. [Cruise Lines International Association (CLIA)2016 & 2017]

Which means most of the spending money cruise ship passengers have in their wallets is more likely to be spent at large ports.

One cannot escape the suspicion that the health of the Clarence River estuary, existing coastal tourism revenue and safety of the Native Title reef Dirrangun are being placed at risk by this proposal, for what is essentially a dream of financial return for Lower Clarence communities rather than a solid reality.

Interested readers can find more information in the presentations included in the report of an international symposium held in 2013 which can be found at http://www.jbna.org/IS%20-%20Charleston-Report.pdf. For an idea of how many of these not-so-small cruise ships come into a regional harbour once berthing facilities are established see https://www.portauthoritynsw.com.au/port-of-eden/port-services-facilities/eden-cruise-schedule/.

Oh dear, is the Turnbull Government asking chickens to visit the digital fox's den?


“The Turnbull Government has welcomed the eSafety Commissioner’s announcement today about the delivery of the pilot for a new national portal for reporting instances of non-consensual sharing of intimate images (colloquially known as image-based abuse or revenge pornography).”  [Senator Mitch Fifield, media release,15 October 2017]

Given the dubious reputation Facebook Inc has managed to garner in relation to business ethics, transparency, consumer privacy, e-safety, data mining and data breach history, one wonders what the Minister for Communications and Liberal Senator for Victoria Mitch Fifield was thinking.

Facebook Newsroom, 9 November 2017:

Image Pilot
By Antigone Davis, Global Head of Safety

We don’t want Facebook to be a place where people fear their intimate images will be shared without their consent. We’re constantly working to prevent this kind of abuse and keep this content out of our community. We recently announced a test that’s a little different from things we’ve tried in the past. Even though this is a small pilot, we want to be clear about how it works.

This past week, in partnership with the Australian eSafety Commissioner’s Office and an international working group of survivors, victim advocates and other experts, Facebook launched a limited pilot in Australia that will help prevent non-consensual intimate images from being posted and shared anywhere on Facebook, Messenger and Instagram. Specifically, Australians who fear their intimate image may be shared without their consent can work with the eSafety Commissioner to provide that image in a safe and secure way to Facebook so that we can help prevent it from being shared on our platforms.

To be clear, people can already report if their intimate images have been shared on our platform without their consent, and we will remove and hash them to help prevent further sharing on our platform. With this new small pilot, we want to test an emergency option for people to provide a photo proactively to Facebook, so it never gets shared in the first place. This program is completely voluntary. It’s a protective measure that can help prevent a much worse scenario where an image is shared more widely. We look forward to getting feedback and learning.

Here’s how it works:

* Australians can complete an online form on the eSafety Commissioner’s official website.

* To establish which image is of concern, people will be asked to send the image to themselves on Messenger.

* The eSafety Commissioner’s office notifies us of the submission (via their form). However, they do not have access to the actual image.

* Once we receive this notification, a specially trained representative from our Community Operations team reviews and hashes the image, which creates a human-unreadable, numerical fingerprint of it.

* We store the photo hash—not the photo—to prevent someone from uploading the photo in the future. If someone tries to upload the image to our platform, like all photos on Facebook, it is run through a database of these hashes and if it matches we do not allow it to be posted or shared.

* Once we hash the photo, we notify the person who submitted the report via the secure email they provided to the eSafety Commissioner’s office and ask them to delete the photo from the Messenger thread on their device. Once they delete the image from the thread, we will delete the image from our servers……..

Thursday 16 November 2017

The problem of dual citizenship for Australian federal politicians is not a new one so why has this current batch made such a hash of the solution?


Australian Electoral Commission nomination form advice re Sec 44 of the Australian Constitution

This is former Liberal MP Alex Somlyay - elected 1990 and retired 2013 - as reported in the Sunshine Coast Daily on 19 July 2017:

Alex Somlyay, who represented Fairfax for 23 years from 1990 to 2013, is the son of Hungarian refugees who arrived in Australia after World War Two as stateless persons.
Mr Somlyay says Ms Waters' predicament in an unintended consequence that needed to be fixed…..
Mr Somlyay is particularly attuned to Mr Waters' forced resignation because of events that played out which could have threatened his own parliamentary career.
His parents became Australian citizens and Mr Somlyay was born in Australia.
But the fall of the Iron Curtin saw Hungary again become an independent country which immediately gave citizenship to the diaspora that fled as refugees and their children.
"I was already in Parliament,” he said. "I went to see the Hungarian ambassador and wrote a letter relinquishing any Hungarian rights.”

With the holding of dual citizenship being a specific bar to nominating as a candidate at a federal general election or by-election the answer for such dual citizens has always been straightforward even in complex situations.

Before nominating check your citizenship status and if by virtue of having a parent, grandparent or great-grandparent who was born overseas you find you either hold foreign citizenship by descent or may be entitled to such citizenship then take the appropriate steps to formally renounce this citizenship.

Even in the late 1800s Australia was a multicultural society with people holding foreign citizenship permanently migrating here from Europe, Asia, Africa, the Americas and Oceania.

The framers of the Australian Constitution were well aware of this fact and set out one simple rule disqualifying any person who 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 from sitting as a representative of the people in the federal parliament. 

The only exception when the Consitution was enacted was for persons born in the United Kingdom (or in certain cases its colonies) as it was not then considered a foreign power.

The right to nominate as a candidate in an election is now reserved for persons of good character who hold only Australian citizenship - whether by birth, descent or naturalisation - and hold no office of profit under the Crown.

The High Court of Australia so ruled in Sykes v Cleary in 1992, in Free v Kelly & Australian Electoral Commission in 1996 and again in Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash;Re Xenophon in October 2017

Only an overweening sense of self-importance and an unswerving belief in their own entitlement can explain why in 2017 there are so many politicians with questions against their names when it comes to a right to be sitting in the Australian Parliament.

And only a steely determination not to be fully held to account sees the Turnbull Government suggesting that a declaration to the Australian Parliament by already elected politicians somehow trumps any false or misleading written declaration they may have made as part of their nomination as candidates.


RECOMMENDED READING
                
8 November 2017, YaThink? Let’s stop pretending. We want this Government to burn at the stake!

STATE OF PLAY

Growing list of federal parliamentarians found to be ineligle to stand:

1. Greens Senator for Western Australia Scott Ludlum – first elected 2007, resigned from parliament admitting dual citizenship 14.7.2017, High Court ruled ineligible due to dual citizenship 27.10.17
2. Greens Senator for Queensland Larissa Joy Waters – first elected 2010, resigned from parliament admitting dual citizenship 18.7.17, High Court ruled ineligible due to dual citizenship 27.10.17

3. Liberal MP for New England Barnaby Thomas Gerard Joyce – first elected 2004, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.27

4. Liberal Senator for NSW Fiona Joy Nash – first elected 2004, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.27

5. One Nation Senator Malcolm Ieuen Roberts – first elected 2016, refused to resign from parliament, High Court ruled ineligible due to dual citizenship 27.10.17

6. Liberal Senator for Tasmania Stephen Shane Parry – first elected 2004, resigned from parliament admitting dual citizenship on or about 2.11.17

7. Liberal MP for Bennelong John Gilbert Alexander – first elected 2010, resigned from parliament (refused to publicly confirm dual citizenship) on or about 11.11.2017

8. Jacqui Lambie Network Senator for Tasmania Jacqui Lambie – first elected 2013, resigned from parliament admitting dual citizenship 14.11.17

9. Liberal senator-elect Hollie Hughes found to be eligibility by the High Court on 15 November 2017 due to the fact that she holda an office of profit under the Crown

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:

International Criminal Court: cause and effect?


“As detailed in previous reporting, the Office has found that the information available provides a reasonable basis to believe that crimes under articles 7 and 8 of the Statute have been committed in the situation in Afghanistan, including crimes against humanity of murder under article 7(1)(a), and imprisonment or other severe deprivation of physical liberty under article 7(1)(e); murder under article 8(2)(c)(i); cruel treatment under article 8(2)(c)(i); outrages upon personal dignity under article 8(2)(c)(ii); the passing of sentences and carrying out of executions without previous judgement pronounced by a regularly constituted court under article 8(2)(c)(iv); intentionally directing attacks against the civilian population or against individual civilians under article 8(2)(e)(i); intentionally directing attacks against personnel, material, units or vehicles involved in a humanitarian assistance under article 8(2)(e)(iii); intentionally directing attacks against buildings dedicated to education, cultural objects, places of worship and similar institutions under article 8(2)(e)(iv); and treacherously killing or wounding a combatant adversary under article 8(2)(e)(ix).” [International Criminal Court (ICC), The Office of the Prosecutor, Report on Preliminary Examination Activities (2015), p27]

It is hard not to suspect a link between the International Criminal Court and Austraiian Defence Force investigations, given that the preliminary ICC investigation would have begun sometime between 2013 to 2015 and the Australian Government would have been aware that it might become one of the nations under formal criminal investigation.

CAUSE?

On 30 October 2017 the Presidency of the International Criminal Court (ICC) in The Hague was notified by the Prosecutor and on 3 November the situation in the Islamic Republic of Afghanistan was assigned to Pre-Trial Chamber III with the following composition: Judge Antoine Kesia-Mbe Mindua ,Judge Chang-ho Chung and Judge Raul C. Pangalangan.

The New York Times, 3 November 2017:

The International Criminal Court’s prosecutor said Friday that she would request permission to open an Afghanistan investigation, a step that may lead to the court’s first indictments of Americans for war crimes.

The prosecutor, Fatou Bensouda, has been collecting information on the war in Afghanistan for years. She has suggested before that she has evidence for a prosecution — not only of allegations of atrocities committed by combatants in Afghanistan, including the Taliban, the Afghan armed forces and the United States military, but of related crimes in other countries where C.I.A. operatives once held and tortured Afghan prisoners.

Ms. Bensouda said she would ask the judges in the court, which is based in The Hague, for authorization to pursue a formal investigation. If they agree, the Afghanistan investigation and any resulting indictments could pose a legal test for the United States — which does not recognize the court’s jurisdiction — to cooperate with it, especially if any defendants are American.
“In due course, I will file my request for judicial authorization to open an investigation, submitting that there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan,” Ms. Bensouda said in a statement.

Should the judges grant her request, she said, her office will conduct an independent and impartial investigation into accusations of atrocities “committed by any party to the armed conflict.”

EFFECT?

ABC News, 11 July 2017:

Hundreds of pages of secret defence force documents leaked to the ABC give an unprecedented insight into the clandestine operations of Australia’s elite special forces in Afghanistan, including incidents of troops killing unarmed men and children.

The ABC can reveal that some of the cases detailed in the documents are being investigated as possible unlawful killings.


The documents, many marked AUSTEO — Australian Eyes Only — suggest a growing unease at the highest levels of Defence about the culture of Australia’s special forces as they prosecuted a bloody, secretive war against insurgents across a swathe of southern Afghanistan.

One document from 2014 refers to ingrained “problems” within special forces, an “organisational culture” including a “warrior culture” and a willingness by officers to turn a blind eye to poor behaviour.

Another document refers to a “desensitisation” and “drift in values” among elite Special Air Service soldiers serving in Afghanistan, while others allude to deep divisions between the two elite units which primarily comprise the special forces - the SAS based in Perth and 2 Commando Regiment based in Sydney.

A large proportion of the documents are reports on at least 10 incidents between 2009-2013 in which special forces troops shot dead insurgents, but also unarmed men and children.

The Inspector General of the Australian Defence Force is investigating at least two of the incidents as part of its inquiry into the conduct in Afghanistan of special forces, which includes alleged unlawful killing.

Tuesday 14 November 2017

Have a smart phone? Want to help map and save Australian frog species? Then there is an app for you


The Australian Museum issued another app on 10 November 2017:




FrogID, lets you discover which frogs live around you and helps the Australian Museum count Australia's frogs!  

Visit the project website for more info.


The Sydney Morning Herald, 10 November 2017

Like the stars of stage, screen and Sesame Street, the 25-year-old green tree frog called Godzilla​ was immediately ready for his croak up.

When Godzilla saw an iPhone at the Australian Museum this week, the male frog hugged it. It was an appropriate response given that a new smart phone app called FrogID is being described as an "urgent rescue mission" to save frogs that are vulnerable or endangered.  

It's part of a national citizen science initiative to count Australia's frogs, which is being launched by the Australian Museum on Friday. 

The app developed by IBM works a bit like the music identification and discovery app Shazam by recording male frog's chirps, barks and croaks. After downloading the app and turning on the location to aid identification, all users have to do is hit record when they think they hear a male frog calling out to attract the females of its species. 

The museum's frog expert Jodi Rowley said frogs were often hard to identify by sight: some species look so similar that she sometimes has to inspect the front legs to find small differences. Like humans, each frog has its own "voice", and a larger frog will sound deeper than a younger, smaller frog. 

Of the 240 native Australian species, four frogs are already extinct, five are critically endangered, 14 are endangered and 10 are vulnerable, said Dr Rowley, the curator of amphibian and reptile conservation biology.

"Frogs are an incredibly threatened group of animals," she said. "Globally it is 42 per cent of all species [that are threatened], which is faster than birds and mammals. And one of the major obstacles in preserving frogs is a lack of knowledge."…..

Download info available at FrogID.net.au 

The American Resistance has many faces and these are just two of them (17)


* The woman is this photograph was susequently fired by her employer, government contrator Akima LLC, a subsidiary of NANA Development Corporation