‘The Jolly Swagman’

Uncle Jan and his garlic

I reckon that my Uncle Jan grows the best garlic in Australia. So it’s good to see his hard work – and bio-dynamic farming really is labour intensive. Try clearing 250 acres of weeds and rocks by hand! – being recognised and celebrated in this short doco on his gorgeous Barrington River Organic Farm.

#Manus

Asylum-seekers look through a fence at the Manus Island detention centre in Papua New Guinea

Richard Flanagan writes:

So this is what we have come to as a nation.

The wretched of the earth, because they were no longer safe where they lived, sought to come here. With a determined cruelty, we kidnapped and imprisoned them in Pacific lagers. These lagers became synonymous with the idea of hellholes because it was important to our government that they be – ­and be known as – hellholes.

On this policy of deterrence, as it was called, which had as its declared purpose to make innocent human beings suffer indefinitely, we spent billions of dollars. To this end we had truck with vile regimes such as Sri Lanka’s. And to this end we began forsaking our democratic rights.

In the camps the refugees were made to answer to numbers given to them as their new identity. Denied their names they were not even allowed their stories. Every attempt that could be made was made by the Australian government, from the petty to the disturbing, to deny journalists access to the Pacific lager. When it came to imprisoned refugees free speech became a crime: for some years any doctor, nurse or social worker in the camps who publicly reported on the many instances, now well-documented, of rape, murder, suicide and sexual abuse of refugees was liable to two years’ imprisonment.

And why?

Because evil was being done to the innocent, and to that truth there is finally no justification that even the most powerful could make. And so it mattered that Australians not know of the mounting crimes for which all Australians will be finally accountable.

All this too was done in our name by our governments, of both left and right. And, more or less, if we didn’t tacitly agree, few of us disagreed enough. And perhaps we didn’t really want to know.

Once we Australians had led the world in democratic reform. Once it seemed possible that we might overcome the violence of our wars of invasion and reconcile with our Indigenous brothers and sisters. Once it seemed that we might make of ourselves a beacon for freedom and tolerance, a country of many peoples that welcomed the newly dispossessed as we had in turn once been welcomed. We were a nation born out of the evils of invasion and convictism. It was not that we saw ourselves as infinitely perfectible. It was rather that we were aware of what the alternatives were.

Now we are seen globally as the inventors of a particularly vile form of 21st century repression, in which the innocent are subjected to suffering in a prison where the crime is never named, no sentence is ever passed, and punishment is assured. For this achievement Australia now enjoys the praise of European neo-fascists and American white supremacists.

Some praise. Some achievement.

It is hard to say what is most horrifying in this long saga but the intent of the Australian government to now abandon the refugees it kidnapped, scattering them across an impoverished and corrupt country with a notorious reputation for violence, is an affront to any notions of humanity or decency.

When, out of fear for what might befall them should they leave, some hundreds of refugees refused to move from the Manus compound, there began a protest in which the refugees used the only thing left to them: their bodies.

Over the years we had taken away their rights, their future, even their hope. Three weeks ago we cut off their water, food and medical supplies. Risking starvation, dysentery, cholera and violence, some hundreds of refugees asserted with their flesh the one thing which Australia could not steal: their human dignity.

On Wednesday the UNHCR described what was now unfolding on Manus as a humanitarian crisis that was entirely preventable and a “damning indictment of a policy meant to avoid Australia’s international obligations”.

On Thursday 12 Australians of the Year signed an open letter calling on the government to restore water, food supplies, electricity and medical services to the refugees, warning it was a “human disaster that was unfolding” and that “it was inevitable that people will become sick and die”.

Instead of this moderate course of action, on the same day police in Papua New Guinea began clearing the Manus compound. According to witnesses, refugees were beaten with sticks to forcibly relocate the remaining hundreds of protesting men. This violence against the most powerless and weak was supported and promoted by the Australian government, as it has previously supported and sanctioned the poisoning of the refugees’ water collected in from sumps and rainwater, the destruction of the few pieces of property they possess, and the destruction of their scant remaining food and medicine supplies.

And then there came the news the Iranian journalist and refugee Behrouz Boochani had been taken away by PNG’s much-feared mobile squad, a notorious paramilitary police unit which, according to a report in the Age in 2013, is “allegedly responsible for rapes, murders and other serious human rights abuses” and funded by Australia’s immigration department “to secure the Manus Island detention centre”.

Behrouz Boochani was targeted for one reason and one reason only: he has been the voice of truth speaking from the appalling reality of the Pacific lagers.

It is difficult to believe that all this is not being masterminded – if the word is not too grand for such thuggery – at the highest levels of the Australian government.

Released some hours later, Boochani tweeted that he had been left handcuffed for two hours while he was “pushed several times”, had his belongings destroyed by the police, and was yelled at by the police commander that he “was reporting against us”. Boochani knows now, more than ever, that he is a marked man.

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And in these circumstances he has, in characteristic fashion, continued to report.

His courage over the four years of his internment in the face of the horror of Manus – a hell of repression, cruelty, and violence – has been of the highest order. Behrouz Boochani kept on smuggling out his messages of despair in the hope we would listen.

It’s time we did.

All states commit criminal and sometimes wicked acts. The necessary mark of a democracy is the freedom to tell the truth about these crimes so that they can be ended and the guilty punished.

To be a writer is not to simply believe in freedom but to practise it every day with your words. Each word allows us to find ourselves in others, and in others to know we are not alone.

In the vacuum of reportage that the Australian government created one man kept getting the truth out. Behrouz Boochani’s words found me as they found so many others.

Now I hope mine find him.

We choose whether we live or whether we wait for death. Through his words Behrouz chose to live. His words showed that while our government had jailed his body, his soul remained that of a free man.

I am not sure if I would have had his courage were I to find myself in his situation. Perhaps that is why I admire it deeply.

Behrouz Boochani reminded Australia of what it had become. We should thank him and honour him for his warnings of what was happening to our country. Instead we enabled his imprisonment, and who can say what this marked man’s fate may yet be?

His detainment yesterday highlights the moral bankruptcy of the Pacific solution, its essentially criminal nature, and the growing dangers it presents to our democracy.

The shame of this time will outlive us all. Our children and grandchildren will have to remake the broken trusts, the sacred freedoms, the necessary liberties, that we traded away in our ignorance and our gullible fear. They must rekindle as necessary national virtues kindness and compassion to the weakest.

But we must begin the work now, with urgency, with determination, of rebuilding our nation’s honour, and our collective dignity. Because if we don’t, if we think it doesn’t affect us, the alternative is that what is happening on Manus will begin to happen here.

At the time of writing, Manus remains in crisis, with 300 refugees still in the compound. Who knows what fresh onslaught of violence is awaiting them? While outside wait the paramilitary thugs, inside the refugees search in the darkness for drinkable water, they scrounge for what little food was not destroyed, these 300 men who now face the determination of our government that they vanish from the face of the earth, and with them their terrible story that shames us all.

But that story demands investigation, not obliteration.

There must be a royal commission into the Pacific camps, the grotesque amounts of money wasted on them, the lies, the deceit and undemocratic practices used to ensure their ongoing existence, to determine the extent of Australian involvement in the PNG police’s latest acts, and to ascertain and if necessary prosecute those responsible for the many well-documented cases of the abuses of human rights on both Manus and Nauru.

If we can muster no feeling for the starving, sick and thirsty refugees waiting in the ruins of their prison for the next attack, spare a thought for what our future might look like if Peter Dutton begins persecuting journalists here with his newly acquired secret police powers. We should not forget the plans in 2015 for Dutton’s newly militarised Border Force officials to patrol Melbourne streets checking people’s papers, abandoned only in the face of overwhelming public anger.

Behrouz Boochani may be the first journalist to be detained for revealing the evil of our Pacific gulags. But how can we be confident he will be the last, and who knows what new government folly will need a repressive cloak of secrecy to safeguard its many failings?

In Boochani’s writings is a spirit Australia has lost: brave, honest, generous and free. Once he wanted to come here. Now we need him and all that he stands for more than ever.

And if, in these next few days any harm should come to Behrouz Boochani, for whose safety many now fear, the responsibility for that crime will not fall to PNG government or its police. It will be Peter Dutton’s.

[Reprinted with permission from The Guardian]

[Image: Reuters]

What to do with your Australian Marriage Law Postal Survey form: a 5-step guide

Step 1. Draw a pretty picture of yourself on the form. Claim it as ‘yours’.

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Step 2. Add some style.

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Step 3. Create a little jigsaw. Be sure to ‘lose’ a couple of pieces too. That way, your form can serve as a kind of parody of the process itself.

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Step 4. Help the little bastard find its way to the recycle bin. The ‘lost’ pieces should be placed in the regular rubbish.

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Step 5. Brew yourself a nice cup of tea.

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Note: In my view, the postal survey is an insane and destructive process that undermines the integrity and responsibility of the federal parliament, and in so doing weakens a key mechanism whereby human rights are legislated and implemented. While I certainly welcome a change in law (something I’ve written about here) the ends do not, in my view, justify the means. On this, I agree with Michael Kirby v.1. That said, I am open to the possibility that time will prove me wrong about that. In the short term, at least, the process will, one hopes, assist No voters to accept the outcome less painfully than they might have otherwise.

AG Lionel Bowen on the principles for an Australian Human Rights Bill

Hear, hear:

‘A strategy of compliance with international human rights standards which does not involve legislative definitions of rights must be half-hearted and hollow, if not suspect. Those who argue that our existing legal and social institutions make a Bill of Rights unnecessary, overlook that the common law does not offer clear or wide-ranging statements of an individual’s freedoms and liberties; at best, the common law offers remedies in a haphazard and incidental way often only after satisfying complex procedural requirements; the power of the Parliament to confine or withdraw totally common law “rights” – this may occur unintentionally and even unnoticed by the public at large; the fragility of community attitudes and pressures on which so many of what are popularly regarded as individual freedoms rely. In the light of this, the Government does not believe that it is sufficient or appropriate to rely on administrative measures alone and those aspects of our common law or general culture which recognise rights here and there. Furthermore, the enactment of a Bill of Rights has a vital educative function. It has the capacity to inspire respect for fundamental freedoms and liberties by setting out rights in positive, declaratory form. It is a broadly based declaration drafted in Australia for Australians, in conformity with international standards. Alternatives whether reliance on the common law, particular legislation or administrative mechanisms and programs without more do not spell out and proclaim key rights and concepts in the same way as does the Bill of Rights’.

– Lionel Bowen, via Frank Brennan

On class (et al.)

HBT.jpgEvery now and then – and more ‘then’ than ‘now’ – public discourse concerns itself with the question of class. (This happened briefly, for example, after the recent, although it doesn’t feel that way, presidential elections in the USA. At the time, some good commentary appeared in the US, and some people even wondered for a moment if Bernie wasn’t as mad as previously thought.)

A recent essay titled ‘In Defence of the Bad, White Working Class’, written by Shannon Burns and published in Meanjin, opens up similar questions for our context here in Australia, although the implications of its judgements and insights remain clearly wide in scope. It discusses racism, multiculturalism, class values, social and political discourse, tribalism, and more.

Burns believes that ‘progressives’ – among whom are the kind of chardonnay socialists who read Meanjin – ‘might benefit from considering lower class points of view, and the experiences that forge them, at least once in a while. They might also find that addressing those sensibilities, instead of ignoring or deriding them, opens up new pathways to mutual understanding and cooperation’.

As a taster, here are three snippets: the first on political discourse, the second on grievance as a sign of middle-class privilege, and the third on politically-correct speech:

The habits of progressive social and political discourse almost seem calculated to alienate and aggravate lower class whites.

….

Indeed, the willingness to expose your wounds is another sign of privilege. Those for whom injury has a use-value will display their injuries; those for whom woundedness is a survival risk, won’t. As a consequence, middle-class grievances now drown out lower class pain. This is why the wounded lower classes come to embrace conservative discourses that ridicule middle-class anguish. Those who cannot afford to see themselves as disadvantaged are instinctively repulsed by those who harp on about disadvantage.

….

Consider who determines the standards of so-called politically correct speech. Are they primarily negotiated across classes and social groups, or are they determined from above? If the latter is the case, then it would be senseless to deny that political correctness, as it stands, is a form and expression of elitism. When rules of expression are forced on people who have their own peculiar relationship to speech, and who can reasonably be expected to struggle with the constraints, it is not a fair imposition. Political correctness is hardly the evil that conservative commentators make it out to be, but as a moral burden it is clearly weighted against the lower classes, who are smart enough to recognise when they are being set up to fail.

Read the full essay here.

When Footscray had a beach, and the Maribyrnong River flowed through ‘grassy country’

George Gilbert, Maribyrnong River (c. 1850)

George Gilbert, ‘Maribyrnong River’ (c. 1850)

It’s a cold day here in Melbourne, perfect weather for catching up on a bit of reading. So I’ve been reading a few little books on local history, particularly on the Wurundjeri and the Yalukit-willam people. At the moment, I’m particularly enjoying Isabel Ellender and Peter Christiansen’s beautifully-produced book People of the Merri Merri: The Wurundjeri in Colonial Days. And a cup of tea or so ago, I was struck by these words by Gary Presland from his little booklet The First Residents of Melbourne’s Western Region. I imagine that this was partly because I grew up on the Maribyrnong River, and still travel along its banks on most days:

When Europeans first settled in the Port Phillip district, they saw a landscape which looked vastly different to that we see today. But that landscape itself was a result of long processes of change, some of which had been going on for hundreds of thousands of years. There is some evidence to show that people were living in the Maribyrnong River [sic] valley, near present-day Keilor, about 40,000 years ago. Since that time there have been enormous changes to the landscape – all of which Koories [sic] must have witnessed and lived through.

Many of the most spectacular and significant changes to the countryside have been to the Maribyrnong-Yarra River system.

Ten thousand years ago the valley of the Yarra River was more than thirty-five metres deeper than it is today and the river flowed at the bottom of a deep canyon. At that time the world’s sea level was considerably lower because a great deal of water was locked up in the ice sheets covering Europe. So there was no water in Port Phillip Bay, and instead of flowing through the flat land in West Melbourne the Yarra turned to the south and flowed down the eastern side of a large grassy plain. At this time the Maribyrnong River flowed more directly to the south east and joined up with the Yarra near what is now Williamstown.

In the long period that Koories have lived in the Melbourne area, the Maribyrnong and Yarra River system has deposited a great deal of mud and silt in the river valleys, and as a result the ground level has been raised by hundreds of metres.

From about 10,000 years ago, the sea started to rise, as the Ice Age came to an end. As the ice sheets in the northern hemisphere melted, the water flowed back into the sea and the level slowly rose. By about 8,500 years ago Bass Strait was flooded, and the gradually-rising sea had reached Port Phillip Heads and began to fill the area of Port Phillip. The sea continued to rise until about 7,000 years ago, by which time the level of water in the Bay was much higher than it is today. The top of the Bay then stretched as far north as Flemington and water covered the area of Flemington Racecourse and many of the inner city areas such as the lower parts of West Melbourne, Port and South Melbourne, and St Kilda. At this time Footscray was a beach-side area and the Maribyrnong River was affected by tides as far north as Braybrook.

When the sea level stabilized at its present height, about 5,000 years ago, the waters of the Bay retreated a little. During the previous 2,000 years a new land surface had been built up by the accumulation of silt in the bay water. The ground surface in the flat area where Victoria, Swanston and Appleton Docks were later constructed, and through which Footscray Road and Dynon Road now run, is a result of this build-up of silt. [ed. – You can read more about that here.]

When Europeans first arrived, they were attracted by the sweeping grasslands to the west of the Maribyrnong River. The wide volcanic plain, the edge of which is now covered by the western suburbs, presented rich pastures for the colonists’ sheep. There was a thick covering of native grasses, with a few trees growing along the major water courses, such as Kororoit Creek.

Those ‘sweeping grasslands’ were elsewhere described thus by George Robinson when he visited the Port Phillip settlement in December 1836:

Saw nothing but grassy country, open forest, plenty gum and wild cherry. Saw where the natives had encamped, plenty of trees notched where they had climbed for opossums …. There are herds of forest kangaroo immensely large, a short distance from the settlement, also flocks of emus on the western plains fifty and sixty in a drove …. The country through which I travelled to the Salt Water (Maribyrnong) River had a park-like appearance, kangaroo grass being the principal, the trees she-oak, wattle, honeysuckle. Saw a blue flower, thorny appearance. Numerous old native huts.

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Maribyrnong River, Sunrise. 15 July 2017.

Three remarkable Australians

In recent days, I’ve enjoyed watching these three wonderful interviews:

On religion (and theological education) in Australia

Australian religion

Another little thought provoker from an old edition of Meanjin, this time from around 40 years ago (although most of it could have been written last week, or next week):

Unlike those in Britain, Europe or America, our universities have never taken the study of religious thought seriously (Melbourne in fact explicitly excluded Divinity in 1890), and there are no great theological colleges in Australia; until recently the churches imported rather than bred their theologians. The Anglicans and the Romans in particular have had a fractured system of small-time colleges, each with its own emphasis, which are only now being rationalised; all theological colleges are heavily oriented towards the vocational training of clergy, rather than the intellectual critique of the church’s language about God. The last few years have seen the beginnings of substantial theological scholarship and discussion, but each publication is overwhelmingly a contribution to a debate centred in Europe. It may be objected that Australian religion is vastly wider than what goes on in theological colleges, and so it is. But I submit that the failure so far to spawn a tradition of self-sustaining theological scholarship and debate tells us something significant about Australian religion.

There is a second point here as well. Religion in Australia has been, and to a large extent is still, very derivative. The Irish consciousness of the Catholics needs no elaboration, and has caused considerable difficulties to continental Catholics who have come here in the past 30 years; the Anglicans are still in the process of dropping the name ‘Church of England’; Scottish accents have always commanded especial respect in Presbyterian Assemblies. More recently, the ‘evangelical’ Protestants have turned to America to import business models and techniques.

From the early days of the colony, there were groups – the emancipists, the larrikins, the battlers – who thought of themselves as Australians and scorned the ‘new chums’. But these were precisely the groups who were little affected by religion, whether in the formal guise of the churches or through the missions of the evangelists. This striking disjunction is marvellously illustrated by the uncultivated youth in a magistrate’s court about 1840 who, when asked his religion, replied ‘I am a Native’. The foreignness of the Australian Churches, whatever their denominational allegiance, was indeed foreshadowed in the First Fleet; the Church arrived here ‘on the wrong side’, in the presence of an officially-appointed chaplain.

Nationalistic self-identity had, therefore, little effect on religious consciousness: Australia has not even produced its own analogues of the off-beat American sects. All the ‘way-out’ religious groups appearing here with significant impact have been imported. And, of course, in this very paper I have had to take ‘Australian religion’ with the implicit gloss ‘white’: the mythological structure of the Aboriginal ‘dreaming’ has contributed nothing to white religious thought here, however much it has intrigued anthropologists. There has been remarkably little indigenisation.

The picture I am painting may change. In the last year or so one can detect what might prove to be the first stirrings of a genuinely contextual articulation of an Australian religious outlook. (It will be interesting to see whether the new Uniting Church of Australia inaugurated in July can rise to the challenge.) More characteristic has been the short life of Charles Strong’s Australian Church, with its simple Unitarianism, which never really got off the ground.

For the moment, the essentially derivative nature of Australian religion remains more striking. The way post-war migrants have brought their own churches with them, be they Gereformeerdekerk or Serbian Orthodox, has only accentuated this fact. And if we add to that the manner in which the population from the beginning, even if mainly falling under the general classification ‘British’, owned different national and ecclesiastical allegiances with none predominant, then it follows that the Australian church scene is characteristically sectarian ….

The sectarianism of Australian religious life has, of course, had an enormous influence on social and political affairs. The centralised and bureaucratic shape of our education systems was the direct outcome of bitter religious rivalry and distrust last century; State aid for church schools remained the principal issue of religious-political interaction until the Whitlam government established the Schools Commission to defuse the issue.

More generally, the role of the churches in Australian political life has been to reinforce our pervasive conservatism. This role has been accomplished in two ways: precisely by emphasising their derivativeness, the churches have provided symbols of famililiar security in a strange, unsettling environment, and by underpinning a vague liberal-humanism the churches have provided a stable value-system within which personal and political questions can be discussed without serious clash between church and state …. Yet while Christianity has served this conservative role in these ways, it has made no clear doctrinal contribution to the sense of national identity of the kind we noted in America. Insofar as that identity has been articulated in terms of the Anzac tradition, its religious motifs are more reminiscent of a Mithraic blood sacrifice of immortal youth than of the Cross ….

This brings me to the next point: there are regional differences which talk about Australian religion should not obscure. South Australia … has a different denominational mix from the national average; Methodists, Congregationalists and Lutherans have been more numerous there. But denominations aside, there is a striking difference between Sydney and Melbourne right across the religious board. Let me remind you of some facts. It was in Melbourne that the Catholic National Civic Council had its base and Santamaria’s groupers were most influential. It is in Melbourne that the predominantly Anglican Brotherhood of St. Laurence operates. It was in N. S. W. that the Presbyterian Church split right down the middle over church Union. Melbourne Baptists tend to look to English Baptists for guidance [ed. – If anyone knows of such a gang, then do please introduce me]; Sydney Baptists to American Southern Baptists. Melbourne has its College of Divinity in which Presbyterians, Methodists, Congregationalists, Anglicans and Jesuits now work closely together …. Religious life in Melbourne has always been more urbane, more ecumenical, more catholic in its social vision, more Tory in its conservatism, whereas Sydney has been more assertive, more sectarian-fundamentalist …, a tendency which becomes stronger the further north one goes ….

Insofar as Australian religion is derivative from Europe, it has inherited the theological problematic of Western Christianity. But our situation here is different; the very fact of migration has altered what comes as historically given. The problem of how to overcome nihilism, I want to suggest, likewise requires a different response here …. [We Australians] know ourselves to be thrown into a world in which we are not at home. (Indeed many generations of Australians referred to Britain as ‘home’, and we still cringe around the southern and eastern seaboard.) Hence also the conservative, derivative character of church life; caught up as Australians are in the rapidity of modern social change, before any deep cultural traditions could have become established, the churches can provide rare havens of familiar security. Seen in this perspective, it is no longer surprising that the churches which are, by secular measures, most ‘successful’, are precisely those which appear aggressively old-fashioned, and offer simple assurance.

Further, the tranquillised self-assurance which [Martin] Heidegger takes to characterise inauthentic Being-at-home is highly manifest in contemporary Australia. Unlike people in other countries, we know in our hearts that the rhetoric of public life is largely phoney, even as we continue to invoke it. Our overwhelmingly suburban life-style, it seems to me, has to be explained in terms of an obsession to gather material possessions into the supposed security of one’s own home as a compensating reaction to our corporate lack of natural community. Heidegger could be describing Patrick White’s Sarsaparilla ….

The relevance of all this for our character-sketch is that our cultural heritage is not rooted here. Our form of estrangement is not the European one of a culture which has collapsed in on itself to find nullity at the heart of its being. But neither are we at home; in their different ways, the banality and crudity of our everyday Ocker, the strident assertiveness of our churchly behaviour, the haunting elusiveness of the quest for wholeness which pervades our best literature, all testify to this ….

Perhaps we need to ask ourselves more deeply why it is that the Outback still figures so forcefully in our imagery, even though we flee from its untameable emptiness into the seeming security of suburbia. Our consciousness is shot through with that sort of ambiguity: ambiguity about authority, which is reviled and yet conformed to; ambiguity about the land, which is shamelessly exploited and yet cannot be domesticated; ambiguity about ourselves, as a people oriented towards the future yet clinging obsessively to old, familiar forms of thought and social action.

My suggestion, made with great tentativeness and temerity, is that we stand out into emptiness. There is none of Heidegger’s typically European rootedness (Bodenständigkeit) here, and that, I submit, is what unifies the traits of Australian religion I have noted into a single character.

But emptiness is not nothing; it is the uncanny limit of our self-assertion, a beyond, an ‘outback’ which indwells our existence, curbing any pretensions to absolute knowledge or authority. This deep, inarticulate sense of a limit is the correlative of the recognition of the contingency of our being-in-the-world. Practically, it means that we are driven back into our situation, to grapple with the recalcitrant nature of what is given – our so-called materialism and pragmatism. Theologically, it means that the absence of God is not nothing; it is the particular mode of his presence. At one level, the conservative-assertive style of the churches can be explained as a curious refraction of that theological situation within a derivative culture. At a deeper level, a more positive articulation of how we know ourselves to be contingent beings ‘thrown’ into a reality which transcends us and defies our efforts at domestication, might yet provide a basis for an authentic religious consciousness in this country.

– Richard Campbell

Some Recent Watering Holes

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Brenda L. Croft, ‘shut/mouth/scream’ (detail), 2016. Source

 

I haven’t posted one of these for a while. Here are a number of pages I’ve appreciated visiting this past week or so:

And this:

On making a submission to the Senate Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill

screen-shot-2017-01-07-at-3-30-18-pmOn 30 November 2016, the Senate of the Australian Federal Parliament resolved to establish a Select Committee to inquire into the Commonwealth Government’s exposure draft of the Marriage Amendment (Same-Sex Marriage) Bill. The Committee is due to report on or by 13 February this year.

The Committee is looking into religious views on amending the Marriage Act, and is using Attorney-General George Brandis’ Exposure Draft Bill on Marriage as a reference point. To be clear, the committee is not asking whether the law should change. Rather, it is asking what, assuming a change of law, might be the implications of such a change, including implications for religious bodies and organisations.

The background to this inquiry is in part the suggestion from many religious leaders and religious lobby groups that legalising same-sex marriage threatens to undermine religious freedoms and communities. This concern, almost always poorly expressed, is possibly the highest hurdle still to be passed if there is to be a change in law. Yet it is not at all an argument against same-sex marriage itself. At most, it is merely a claim that amendments to the law should safeguard religious interests, some cultural geography, and the rights of religious communities to mark marriage in ways consistent with their particular ‘doctrines, tenets or beliefs’.

Submissions from a variety of religious perspectives are welcome and vital at this stage. The Committee is receiving submissions by email and online only until next Friday 13 January.

The Committee invites short submissions, written in one’s own words (pro forma submissions, in other words, will be disregarded), from all sections of faith groups. It will also accept submissions from those who wish their names not to be publicly disclosed. This is an important safeguard so that all views can be freely expressed.

The Committee has provided some general advice here on preparing submissions. In addition, a friend of mine has provided a helpful framework for making a submission on this particular inquiry:

Guidelines for Submission

Address to: Committee Secretary, Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill, Department of the Senate, PO Box 6100, Canberra ACT 2600.

Heading: Submission to Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill

Your Name, Title & Contact Details
(+ if you wish: ‘I do not wish my name to be disclosed publicly’.)

Reason for Writing – who you represent
Give the Committee an insight into who you represent. For ordained members of religious bodies, this is mostly self-evident. For others, however, it is suggested that you sketch some background of your involvement in your religious organisation. In particular, mention any leadership roles that you have fulfilled, such as committees, volunteer roles, etc., as well as the length and extent of your involvement. Your age too may be added – young people’s views are typically under-represented. Clergy should include positions held and all titles.

Reason for Writing – your interest in this issue
A personal connection to the issue is relevant. For example, your engagement with or in the LGBTIQ community, your conversations with friends, relatives, and religious communities, and your involvement in public discourses around this matter can be mentioned here. Mention also any previous submissions that you have been involved in, if and where you have written on the topic, and ways that you have been involved in advocacy in any form.

Your Views on the Terms of Reference (*)
Many legal experts will be giving advice on the technicalities of the legislation – you don’t need to do that. More important here is to convey views of people of faith ‘on the ground’. For example:

‘I remember when the Church changed its position on divorce by accepting divorcees for re-marriage. The law didn’t need to be changed during that major change. Some ministers refuse to remarry divorcees and I don’t see the need for any extra powers to refuse same sex couples’. [add a personal anecdote to illustrate]

Or,

‘I have same-sex friends who wish to marry. They would never contemplate “forcing” an unwilling minister to marry them against his/her wishes. What kind of wedding would that be?’

(*) It’s often helpful to highlight the Terms of Reference (ToR) addressed. You can put the ToR as a sub-heading or simply put ‘Term of Reference (a)’ – they’re numbered (a)–(d).

The Committee’s advice here is clear:

Please read the terms of reference carefully before making your submission. The committee has resolved that it will only accept submissions strictly addressing its terms of reference, with a particular focus on the following areas:

  • the proposed exemptions in the Exposure Draft for ministers of religion, marriage celebrants and religious bodies and organisations to refuse to conduct or solemnise marriages, and the extent to which those exemptions prevent encroachment upon religious freedoms; 
  • the nature and effect of the proposed amendment to the Sex Discrimination Act 1984;
  • whether there should be any consequential amendments to this bill, or any other Act, and, if so, the nature and effect of those consequential amendments. 

Substantive submissions that explore the technical aspects of the terms of reference will be published, however the committee does not have the resources or time to consider short statements expressing support either for or against same-sex marriage.  As such, these statements will be treated as correspondence and not published.

As mentioned, claims about the denial of religious freedom are central. Fears being raised include ministers being forced to officiate at same-sex weddings, churches being forced to hold same-sex weddings in their buildings, and religious bodies being forced to provide commercial goods and services to same-sex weddings. The draft Bill aims to address these fears by adding multiple means for faith groups to refuse involvement in same-sex weddings. But many think these new measures go too far. The Bill singles out same-sex couples as the paramount concern of religious people. It also provides brand new, potentially sweeping, powers for refusal by religious groups – and even civil celebrants.

Analysis of the draft Bill by Australians for Equality is here and here. For a different perspective, see the Australian Christian Lobby’s analysis here.

Personal stories have great value. Just keep them clear, concise, and relevant to the Terms of Reference (remembering that this inquiry is not about if the law should change but about what effects would result from the change). Don’t worry about making lots of points. One well-made point serves best.

Closing
Conclude with a statement on the effect of legalising same-sex marriage on your faith community, and a recommendation. A conclusion + recommendation might be:

‘The existing Marriage Act already gives my religious body/ministers sufficient power to refuse to officiate at, or participate in, same sex weddings.

Recommendation: A law that recognises marriage irrespective of gender should retain and not exceed these powers’.

Remember, the closing date is Friday 13 January. You can make a submission by either emailing it or uploading it online.

On our very own banality of evil


During this past week, Robert Manne gave a keynote address to the Integrity 20 Conference at Griffith University in which he tried to explain the purposeless cruelty of so much of Australia’s current asylum seeker system. Manne concluded by comparing the current situation to the ‘banality of evil’ famously described by Hannah Arendt in her reflections on her meetings with Adolf Eichmann published first in The New Yorker and subsequently in her report, Eichmann in Jerusalem:

A detailed moral history of Australia’s asylum-seeker policy since the introduction of mandatory detention in 1992 has not yet been written. What it would reveal is the process whereby the arteries of the nation gradually hardened; how as a nation we gradually lost the capacity to see the horror of what it was that we were willing to do to innocent fellow human beings who had fled in fear and sought our help.

Recently, an inmate on Nauru set himself on fire and died. Peter Dutton argued in response that people self-immolate so they can get to Australia. It took 30 years of brutal behaviour for a remark like this to be possible and for Australians not to notice how truly remarkable was the Minister’s brutality.

Our current uniquely harsh anti-asylum seeker policy is grounded in the absolutist ambitions that can, in my view, best be explained by Australia’s long term migration history and its associated culture of control. It has become entrenched because of the force of bureaucratic inertia that has seen the system grow automatically while any interest in, or understanding of, the relation of means to ends has been lost. And it is presently maintained by an irrational but consensual mindset that has Canberra in its grip: the conviction that even one concession to human kindness will send a message to the people smugglers and bring the whole system crashing down.

Because of these factors, the Prime Minister, the Minister for Immigration and the senior officials of Immigration and Defence are presently allowing the lives of some 2,000 human beings to be destroyed on the basis of faulty but unquestioned speculation, and of another 30,000 in Australia to be rendered acutely insecure and anxious for no purpose.

They are willing to allow this to happen because they no longer possess, in the Arendtian sense, the ability to see what it is that they are doing, and because the majority of the nation has become accustomed to thinking of what we are doing as perfectly normal.

Since this address, we learned today that this country’s heartless government, which has shown so little regard for the rule of law in so many areas, has sunk to a new and ‘necessary’ low, a plan to ‘introduce legislation to ban asylum seekers who arrive by boat from ever being allowed into Australia’.

I despair,

… and I resist despairing.

I think about the ‘new absolutist ambition’ and the ‘reign of automaticity’ described by Manne, and I recall also words spoken by Dag Hammarskjöld at a luncheon with the UN press corps in July 1953. Responding to those offering ‘dark prophecies’ predicting the imminent death of the UN, Hammarskjöld said:

I have in mind all those who react instinctively against international ventures for the very same reason which makes them or their neighbors react unfavorably against people from other places. There are others who may recognize the need for an international approach to the problems of the world of today, but who have never really accepted the risks involved, and for that reason pull back the very moment the international sea gets rough … And I think also of those who have accepted the necessity of an international approach and the risks involved but who, when troubles start piling up, get scared and are reduced to defeatist passivity, despairing about the future as fright makes them blind to existing possibilities to overcome the immediate difficulties. Rereading the other day the French author Paul Valery, I found a phrase that in a very pointed way covers the attitudes to which I have referred. He talks about those who drown rather than swim under the conditions imposed by the water: ‘ceux qui prérent se noyer à nager dans les conditions de l’eau’ … It expresses the simple truth that, when trying to change our world, we have to face it as it is. Those are lost who dare not face the basic facts of international interdependence. Those are lost who permit defeats to scare them back to a starting point of narrow nationalism. Those are lost who are so scared by a defeat as to despair about the future. For all those, the dark prophecies may be justified. But not for those who do not permit themselves to be scared …

And I protest – with hundreds of letters, and dozens of petitions, and tens of thousands of others who march on this nation’s streets, and by breaking bread and wine and sharing it with strangers, and neighbours, and with people I don’t like very much. (I know of no better way of feeding the catholic vision of the only world that has a real future.)

And I confess my duplicity in the entire God damn machinery. And I confess other strange things with ancient words: ‘We believe in one God, the Father Almighty, Maker of all things visible and invisible …’.

And I welcome those who have made it through – regardless of which door they came by – and who desire to start life again. To be welcomed to country is a gift almost unmatched by any other. To be able to participate in and to extend that welcome is a risk I’m prepared to take until those who welcomed me to this their land instruct me otherwise.

And I vote – vote for those committed to walking another way, even if it is for ‘a protest candidate who will not win … [For] there comes a time when thinking people must give some indication for their children and their children’s children that the national conscience was not totally numbed by [government] rhetoric into supporting a policy that is evil, vicious and morally intolerable’ (Robert McAfee Brown).

And I pray: Kyrie Eleison. Bend arc, bend. Maranatha. Inna lillahi wa inna ilayhi raji’un.

On not singing the national anthem

Anthem 1

A friend in Tweetland (and Zuckerland) is wondering whether his kids, who are Christians and who are about to start school, should be encouraged or discouraged to sing the Australian National Anthem – ‘Advance Australia Fair’. I couldn’t resist a quick reply.

I’ve threatened my kids with homelessness and disinheritance if I ever learn that they’ve sung the Australian national anthem, or encouraged others to do so. Even standing during such, were I to hear about it, would be met with their pocket money being docked. Put simply, you can’t sing the national anthem and celebrate the Eucharist. Not only is the theological disconnect as huge (in a Pythonesque kind of way) as one could imagine, but bread and wine are simply so much more interesting than any anthem, and one should set one’s mind, heart, and voice unreservedly upon the most interesting things. The only reasonable alternative I can think of is to deliberately sing the anthem very badly, as out of tune and as out of time as one can muster, to do with it what Carl Fredrik Reuterswärd once did with a Colt Python .357 Magnum. To do otherwise is to put your salvation in doubt.

There is also the matter of the song being an appalling and anaemic piece of writing. That a school should torment its students with such horrid literature is tantamount to nothing short of abuse (something, to be sure, that the country is getting very good at). That a Christian – a Christian for God’s sake! – would let such a situation pass as if it were neither here nor there is probably best explained by the fact that most churchgoers have been made immune to such heresy though years of being fed a liturgical diet of equally squalid and giddy songs and prayers. Mornings of the Lord’s Day might be much better kept by reading Shakespeare or Robinson or Flanagan while listening to Springsteen on the couch in one’s pyjamas than by enduring such torment; unless of course one believes that such activity might function as a kind of training ground, a kind of school perhaps, for the purgatory that awaits the saints. Indeed, this might be among the best of reasons to go to church. But that an institution set apart to teach literature (as laughable as that sounds in today’s climate) should promote the singing of such vacuity is reason enough to have the entire school’s curriculum reviewed by a state parliamentary committee. Her majesty could not possibly expect anything less of her government.

On another note, I understand that the anthem’s election was the fruit of a plebiscite. Enough said.

‘Human Rights and Human Wrongs’: An Evening with Gillian Triggs

Gillian Triggs flyer September.png

Why the military must not train police

Soldier

A guest post by Andie Hider

We have just seen the rise and fall of a military coup in Turkey. Many of the details have yet to become clear but one thing that is known is during the attempted coup factions of the military leading the uprising targeted Turkish police headquarters and killed 17 police. This pattern of military or insurgent groups targeting police has been seen in many other internal conflicts elsewhere in the world.

An article published in The Age newspaper (Ruby Hamad, ‘The devastating irony of calling UN troops “peacekeepers”’, 12 May 2016) detailed atrocities committed by members of UN peace and stabilisation missions and a systemic failure to address these atrocities. The article included a quote from Maya Goodfellow about UN peacekeepers: ‘… they’re applauded for bravely choosing to bring decency into a country where citizens are too barbaric to look after themselves. It’s this good vs. bad narrative that clears the way for violence’. The article, including quotes like this, suggests that the root of the problem was a simplistic view of UN police as ‘good guys’. It has been my experience from years of working in this field that the real cause of the problem is a much deeper misunderstanding of the role of police, and that of the military.

What might generally be referred to and seen in action in Australia as liberal democratic policing is much rarer than most people understand it to be. Only a small percentage of the richest countries in the world have police that function in this way. Independent and impartial policing is considered a foundation of established rule of law and critical to a civil-led society. Across the rest of the world many ‘police’ do not perform the role we see here in Australia. ‘Policing’ in these countries can be carried out by the military or criminalised police who use their position to brutilise and oppress the civilian population for personal gain, through colonial policing that enables elites (whether political, social, economic, military, or criminal) to extract power and wealth from the population, to policing that looks much like Australia but gives overly preferential treatment to elites.

A police uniform does not make a person a police officer. In some countries in the world a visitor or member of the local community would place themselves in more peril if they were to approach a ‘police officer’ for assistance after a crime. Policing is a values-based profession and no amount of training, provision of equipment, or appropriate remuneration will make someone a police officer if they start out with the wrong values base. The reverse is more often true – we train and equip them to become far more dangerous to the civil population than they were beforehand, a situation we have seen many times across the world.

Nor does a military uniform make a police officer. The military has a role that is, and should remain, very different to that of police. An environment into which it is more appropriate to send soldiers to stabilise is no place for legitimate civil police as they, like any other mechanism of civil government, are nothing more than additional targets for enemy combatants. The military are deployed to these environments because their primary role is to engage enemy combatants and disrupt military or military-like (e.g., insurgency, warlordism, widespread internecine violence, etc.) operations to the point that civil mechanisms of government can again take back control and deliver effective civil governance.

In the case of the UN, there simply are not enough liberal democratic police available to be deployed to post-conflict peace operations. As a result of this, the UN is put in the difficult position where it must often accept contributing ‘police’ from nations that do not uphold the values of the UN. Quite often these nations contribute what are frequently referred to as ‘Formed Police Units’ (FPU). FPU are made up of military or paramilitary personnel ‘rebranded’ as police. If lucky, a country receives contributing FPU members made up of ‘benign’ groups such as postal workers; in a worse case scenario they could be something far more dangerous.

It is a mistake to think of the criminalised or militarised police I mentioned earlier as some sort of ‘rogue’ element in their country of origin; likewise, the FPUs that these same countries use domestically or deploy internationally. They perform the function their government expects of them and employs them to do. This is the reason complaints about their conduct go largely unaddressed. When deployed by the UN they will apply those same values to maintaining ‘order’ in the countries to which they are deployed. The root cause of observations about inappropriate UN peacekeeper behaviour is not that they are seen as ‘good guys’, but that they are seen as police when they are not.

Nowhere is this contrast between the military and liberal democratic police seen more clearly than in situations like the one we recently saw in Turkey. One of the first acts by the leaders of the coup was to target police headquarters because the police are the legitimate civil mechanism for maintaining order. It is therefore in the interest of a military coup to remove independent and impartial police from the picture, thus leaving the military as the only mechanism capable of enforcing any sort of order. It speaks volumes to the desire for the rule of law in Turkey that the civil population rose up in response to this military threat to civil governance. In places like Afghanistan where police are targeted for the same reasons, civil society is unable to exert the same influence. Impartial police are the natural enemy of any group that wants to remove civil governance.

Yesterday the Turnbull coalition announced plans to have the ADF, rather than Australian police, train paramilitary police in Iraq. Mr Turnbull was quoted as saying: ‘At the moment our training mandate is restricted to training the Iraqi army. And as we discussed, one of the most important objectives now in Iraq is to ensure that the Iraqi police forces, their gendarmerie forces, are able to maintain the peace in areas that have been liberated from Daesh or ISIL as the Iraqi security forces and counter-terrorism forces progress’ (David Wroe, ‘Australian troops to train Iraqi paramilitary police in expansion of role’, The Age 19 July 2016).

The ADF are a supremely professional and capable military, and operate internationally with ethical standards equal to the best in the world. They have an excellent reputation for training members of the military from other countries. The ADF are not, however, police. What Mr Turbull is suggesting is that the ADF assist in the building and training of what by any other name would be called FPUs. To put our military in a situation like this is ill advised at best, dangerous at worst. Australia should not be involved in any way in the training of paramilitary police. If the situation in Iraq is seen to require the use of a paramilitary approach to policing, then the situation calls for a military response and not police. In these circumstances it is entirely appropriate to have ADF personnel train the Iraqi military, but it is not yet a situation for the wearer of any uniform that suggests that wearer is ‘police’.

Australia, through the AFPs International Deployment Group, has contributed professional and impartial state and federal police to some of the most difficult and dangerous UN peacekeeping missions across the world. As one of the few countries that can contribute police of such a high standard we should ensure we exemplify the separation between policing and military that is such a critical foundation of the rule of law. IDG deployments are about reinforcing civil governance mechanisms. During one crisis in the Pacific region there was concern expressed by the Howard Government about media footage showing an ADF member, rather than a police officer, handcuffing someone. It is right for our Government to express such a concern when deployments are intended to substitute civil governance for military, not replace one military with another. Conversely it is very disturbing that our current government thinks this is acceptable given other views about security on the domestic front.

Australia must contribute appropriate training in appropriate circumstances. This means ADF members training military staff, and Australian police training other police. This differentiation is non-negotiable. It is not enough to suggest the AFP will advise the ADF in this regard. To quote the character William Adama in the television series Battlestar Galactica: ‘There’s a reason you separate military and the police. One fights the enemies of the state, the other serves and protects the people. When the military becomes both, then the enemies of the state tend to become the people’. The writers hit the nail on the head. Wise words, best heeded by our Government and their advisors.

On ordinary (and extraordinary) Australians

Welcome back Michael Leunig. So
sorry to learn of the serious knock. So
grateful that you – upheaved and altered – that you are
with us still. And for this ‘re-entry’ too
into ‘continuing madness and joy’:

Galarrwuy Yunupingu on leadership

Galarrwuy Yunupingu

Every now and then an essay is written that will probably be read for decades, an essay that risks the invitation to change the way whitefellas view the world and their place in it. This piece by Galarrwuy Yunupingu may be one of those.

One of the recurring themes that emerges throughout the essay is that of leadership. At one point, Dr Yunupingu describes an action of a great ancestor Ganbulapula:

This action was both stunning and brilliant, and it lifted people’s eyes from the mire of disorder, disagreement and bitter division. In that unprecedented throwing of the decorated log coffin, that unexpected shift into a new context, a new network of cultural meaning was created – a new future was believed in. The action generated the possibility of a future different from the past. Bitter division was healed by way of bold, confident leadership.

What a extraordinary description of what good leadership can be about! (Most of us, I suspect, are more familiar with management than we are real leadership.)

On the subject of political leadership, the author offers these timely words:

I live in the total knowledge that politics is a business that runs hot and cold every time a new office holder comes to Canberra (and Darwin), and they have to find some answers to what they can do in their time. Three years is such a short time, and politicians are under pressure to do something instead of biting their fingernails and having no solutions.

Aboriginal people need to understand that the government of the day will always seek to justify itself, protect itself and get its reputation straight. Its members will worry about their jobs and about saying things that will keep them in the good books with their electors, who are mainly white people. And those people will often have little good to say about Aboriginal people; when the voters do talk to their politicians they may want something from us or have some problem with us, because we are not like them. And this adds to the worry of politicians who are most of all concerned about whether they will be re-elected. That’s their first commitment. That’s the real situation. So the only way through it is for a politician to risk prestige with the voters to make the achievement, and to believe that an outcome can be good for all concerned.

This type of sacrifice from strength is the key to leadership. My father had to sacrifice much, too much, to reconcile his life with the ways of the modern world. But he did so. What Aboriginal people ask is that the modern world now makes the sacrifices necessary to give us a real future. To relax its grip on us. To let us breathe, to let us be free of the determined control exerted on us to make us like you. And you should take that a step further and recognise us for who we are, and not who you want us to be. Let us be who we are – Aboriginal people in a modern world – and be proud of us. Acknowledge that we have survived the worst that the past had thrown at us, and we are here with our songs, our ceremonies, our land, our language and our people – our full identity. What a gift this is that we can give you, if you choose to accept us in a meaningful way …

Kevin Rudd, like prime ministers before and after him, acknowledged my leadership and made promises to my people. Tony Abbott made the same promises and came and lived on my land at Gulkula, and from there he ran the government for five or six days. Both were decent and respectful men. All the prime ministers I have known have been friendly to me, but I mark them all hard. None of them has done what I asked, or delivered what they promised. I asked each one to be truthful and to honestly recognise the truth of history, and to reconcile that truth in a way that finds unity in the future. But they are who they are and they were not able or not permitted to complete their task. For a prime minister is beholden to his party and to the parliament, which in turn is held by the Australian people. And the Australian people seem to disapprove of my simple truths, or the idea of proper reconciliation. The Australian people do not wish to recognise me for who I am – with all that this brings – and it is the Australian people whom the politicians fear. The Australian people know that their success is built on the taking of the land, in making the country their own, which they did at the expense of so many languages and ceremonies and songlines – and people – now destroyed. They worry about what has been done for them and on their behalf, and they know that reconciliation requires much more than just words.

So the task remains: to reconcile with the truth, to find the unity and achieve the settlement. A prime minister must lead it and complete it. The leader of the nation should accept his or her commission and simply say what he or she thinks is right, and put that forward for the nation to correct, or to accept, or to reject. Let us have an honest answer from the Australian people to an honest question.

This vision, this challenge, this way of reading the world, does not emerge out of a vacuum. It is in every way non-novel, the fruit of millennia of song cycles which, as Yunupingu describes it, both tell of a person’s life and serve as ‘the universities of our people, where we hone and perfect our knowledge’. This seems to me to speak of not only the ways that our identities are grounded in story – that we are, in fact, storied peoples – but also of the fact that such stories are characterised by both the burdens and liberties of receiving, carrying, and then passing on traditions that are always dynamic and marked with the hope that makes life bearable. Whether or not our futures lay in the direction of our past, it seems that our futures can never be about an escape from the past. The best of our leaders, such as Yunupingu himself, get this. As he writes earlier on in the piece:

As a man reaches the final points in his journey it is then for others to do the singing. Others must take the lead, acknowledge him and guide him. If there is unfinished business it is no longer for that man to carry that business; others who have taken responsibility and who have taken leadership must then bear the burden of creation. The future is theirs, to be taken by them, crafted along the terms set by law as given to us by those that have come before. And failure will be theirs also, to own and bear witness to if they fail.

I have lived my song cycle and I have done what I can to translate the concepts of the Yolngu world into the reality of my life. I have endured much change and seen many different faces – I have watched both Aboriginal and non-Aboriginal leaders move in and out. And of course I have mixed feelings when I reflect on my life’s work. I feel a deep sadness at times, yet I know that I have done much that is useful. I know that I have secured my family’s birthright – we will not drift off with the tide; we will stand and endure, and our names will pass down through the decades and the centuries. Yunupingu means “the rock that stands against time”, and so be it. But I think always of what has been lost around me against what endures. It is a form of torture for a Yolngu person to see the loss of our life: every word, every note, every slip in the song is pain; every patch of land taken; every time an outsider takes control from Yolngu; every time we compromise; and every time we lose something or someone. I tell my family to stand strong and endure, stay within the guidelines of our law, stay with the song cycles and be armed with this knowledge so as to secure for our people our lands, our way of life and our place in the world.

These are just some snippets of what really is a remarkable essay, the entirety of which you can read here.

Australia’s offshore detention system and the Journal of Medical Ethics

Offshore detentionJulian Burnside has drawn attention to four recently-published articles on Australia’s offshore detention system. They appeared in the Journal of Medical Ethics, and they contribute to a significant and growing body of academic literature on what is a far cry from being a merely academic subject:

ABSTRACT: Australian immigration detention has been identified as perpetuating ongoing human rights violations. Concern has been heightened by the assessment of clinicians involved and by the United Nations that this treatment may in fact constitute torture. We discuss the allegations of torture within immigration detention, and the reasons why healthcare providers have an ethical duty to report them. Finally, we will discuss the protective power of ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as a means of providing transparency and ethical guidance.

ABSTRACT: Australian immigration detention centres are in secluded locations, some on offshore islands, and are subject to extreme secrecy, comparable with ‘black sites’ elsewhere. There are parallels between healthcare professionals working in immigration detention centres and healthcare professionals involved with or complicit in torture. In both cases, healthcare professionals are conflicted between a duty of care to improve the health of patients and the interests of the government. While this duality of interests has been recognised previously, the full implications for healthcare professionals working in immigration detention have not been addressed. The Australian Government maintains that immigration detention is needed for security checks, but the average duration of immigration detention has increased from 10 weeks to 14 months, and detainees are not informed of the progress of their application for refugee status. Long-term immigration detention causes major mental health problems, is illegal in international law and arguably fulfils the recognised definition of torture. It is generally accepted that healthcare professionals should not participate in or condone torture. Australian healthcare professionals thus face a major ethical dilemma: patients in immigration detention have pressing mental and physical health needs, but providing healthcare might support or represent complicity in a practice that is unethical. Individual healthcare professionals need to decide whether or not to work in immigration detention centres. If they do so, they need to decide for how long and to what extent restrictive contracts and gagging laws will constrain them from advocating for closing detention centres.

The compromised nature of healthcare has now been well documented along with the pervasive nature of dual agency (or dual loyalty) obligations, between that of patients, the immigration department and other contractors. This has only served to restrict and distort the nature of healthcare and limit clinicians in their roles with healthcare frequently subverted to other policy goals. Accountability is obscured and oversight is limited with arrangements that attempt to divest responsibility from the immigration department. At best clinicians are required to navigate ethically fraught terrain where they frequently have to compromise what may be ideal or even generally accepted treatment, at worst this promotes conduct that is clearly unethical. Along with the detention environment this all serves to curtail what benefits may usually be gained from treatment. These issues have played out in a more acute form in off-shore detention where there has been a number of examples of the immigration department intervening in medical transfers and treatment recommendations.

Sadly and justifiably, regardless of the final results of this past weekend’s federal election, those illegally detained in Australia’s offshore detention centres can expect nothing to change. We are being governed by xenophobic dragons with little regard either for the rule of law or for human decency.

Steve Biddulph on why Eddie McGuire should resign

Eddie McGuire

Meanwhile, over here in the colonies, there’s a much-welcome statement from Australian-based psychologist Steve Biddulph on why Eddie McGuire should resign:

In case you are in any doubt, I think he should resign too.

The pattern is important to understand if we are to end violence against women.

Caroline Wilson is a serious journalist, she made valid and important – but always reasoned – criticisms of Eddie McGuire’s performance as a manager of Collingwood. That’s her job.

A grown up would have two options – to address her arguments and make a case why she was wrong. Or to concede that she was right.

But instead of engaging as an equal and an adult, Mr McGuire seethed, and in a setting where he felt safe, among mates, and in the hearing of several million people, they joked about – essentially – killing her.

When shamed men can’t deal with the anxiety they feel, they choose to resolve it by imagined, or real, violence, and rally support from other men to make that okay.

This also happened with Alan Jones and our first woman PM Julia Gillard, and the infamous “chaff bag” threats. And as we see in the daily news – from Yorkshire to Orlando, there’s always some nutter willing to carry it out.

Token apology that is forced by circumstance isn’t the same as real change. You have to say – this is a character flaw.

Even if the victim wasn’t a woman, it’s still wrong.

Adults deal with conflict or disagreement with words, respectfully, and safely. Only mature adults should be in positions with this much power …

A few commenters, mostly men, are saying “it was just a joke”. Because they are presumably fathers, I want to explain this, as it makes a difference to your parenting. If you go back to my piece at the top, I am saying I don’t believe this was “just” a joke.

There was a context. He was genuinely threatened and angry at her criticism in her articles. It was on his mind.

It came out quite inappropriately at a charity dunking. It was a slip up, sure, but it showed his underlying anger, and his inability to deal with it in an adult way.

And it showed him appealing for emotional support to his mates. It was anger and threat leaking out through humour.

And as the Age pointed out today, she wasn’t there, so it can’t be banter. Banter is when people are sharing in put downs for fun, by mutual agreement. Humour is used to mask violence every single day. Rapists and abusers often say “get over it”.

It was window into the man’s heart. And that is a huge thing.

[Source]

Imagination, leadership, and the gift of a safe public commons

electionImagine going to an event, as I did last night, where political candidates for the upcoming federal election are asked about what kind of leader they aspire to be, about what kind of leadership might best meet the challenges that are facing our local, regional, and global communities and their moral and physical environments. Imagine imagining that you were expecting to hear names like Oodgeroo Noonuccal, Mary Robinson, Nelson Mandela, Aung San Suu Kyi (who today celebrates her 71st birthday), Lowitja O’Donoghue, Desmond Tutu, Dag Hammarskjold, Jonathan Sacks, Rowan Williams, Fred Hollows, Eva Burrows, Muhammad Yunus, or Noel Pearson, and instead being told by one of those political aspirants that the best models of leadership today are those championed by Ronald Regan, David Cameron, and John Key. Tea, anyone?

I’m immensely grateful that there were some other – some more sagacious – voices present, a reminder that our parliament also has some good people serving in it and that many who aspire to serve in such a way are also of outstanding ilk, even if I disagree with them on some matters that we both agree are fundamental for the healthy flourishing of life.

I’m also encouraged that the event itself was hosted by two churches who believe that part of their service to the wider community is to create safe spaces where such conversations might occur. There can be no healthy society without a rigorous and safe public commons. It is, above all, the role of the constitution, the courts, and the parliament (including its organisations such as the Human Rights Commission) and not the church to ensure the existence of such spaces. But that need not preclude religious communities also making such space available.