Why am I so angry about this postal vote in Australia to decide on marriage equality?

This following was tweeted by @liamesler within days of the Turnbull Government’s announcement that is has asked the Australian Bureau of Statistics to conduct a voluntary non-binding, national postal survey (not federal parliament authorised plebiscite) of citizens 18 years of age or older on the question “Do you support a change in the law to allow same-sex couples to marry?"

United Nations mixed response to Australia's human rights record

“Attacks against the Australian Human Rights Commission

60. The Special Rapporteur was informed about the attacks made by some politicians against the Australian Human Rights Commission and, in particular, its President, Gillian Triggs, which are particularly troubling given the prestige and respectability this Commission enjoys internationally. Following the Commission’s inquiry into the harm caused by the detention of migrant children, its President has faced public intimidation, questioning her integrity, impartiality and judgment. On several occasions in the recent past, efforts to weaken the financial resources and capacity of the Commission have resulted in budget cuts, which have been amplified by the additional functions assigned to it.

61.For the Special Rapporteur, this situation is even more unacceptable given the fact that Australia sponsored Human Rights Council resolution 27/18 on national institutions for the promotion and protection of human rights, in which the Council states, in paragraph 9, that national human rights institutions and their respective members and staff should not face any form of reprisal or intimidation, including political pressure, physical intimidation, harassment or unjustifiable budgetary limitations, as a result of activities undertaken in accordance with their respective mandates, including when taking up individual cases or when reporting on serious or systematic violations in their countries.

62.The fact that the Commission handles more than 20,000 inquiries and 2,000 complaints each year, the vast majority of which are resolved to the satisfaction of all parties, confirms its exemplary work, particularly with respect to racism and racial discrimination. It should be held up by politicians, as well as journalists, as a good example of the functioning of democratic institutions in Australia.”

United Nations, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xe... by clarencegirl on Scribd

https://www.scribd.com/document/355591653/United-Nations-Report-of-the-Special-Rapporteur-on-contemporary-forms-of-racism-racial-discrimination-xenophobia-and-related-intolerance-on-his-mis

Nationally-televised interview with Liberal MP for Goldstein Tim 'Freedom Boy' Wilson that lasted just 22.55 seconds and 66 words

New Matilda, 3 August 2017:

Sky News journalist Peter van Onselen had invited the loyal Liberal Party politician onto his program to discuss marriage equality, a burning topic in politics at the moment as Wilson’s colleagues seek to try and delay or sink momentum for enabling legislation.

Wilson is gay, so he’s an obvious choice for an interview, and van Onselen wasted no time in getting straight to the point.

VAN ONSELEN: Thanks very much for your company, do you like the idea of a secret ballot in the party room?

TIM WILSON: Thanks Peter. I said everything I had to say on this issue and I make no plans to make any other comment at this time. I’d rather talk about something else that actually matters to the Australian population – the economy, energy prices, what’s going on with Labor’s tax slug, you pick it, I’m happy to talk about it. I’ve said what I’ve said on this issue.

VAN ONSELEN: Tim Wilson thanks for your company.

TIM WILSON: [Pause] That’s alright, pleasure.

https://youtu.be/U4ng_Y4vc9Q

Does this interview rank as the shortest Australian political interview on record?

So why might the far right of the Liberal and National parties being pushing for a postal plebiscite on same-sex marriage?

The Australian Electoral Commission (AEC) states this of national plebiscites:

Plebiscites

An issue put to the vote which does not affect the Constitution is called a plebiscite. A plebiscite is not defined in the Australian Constitution, the Electoral Act or the Referendum Act. A plebiscite can also be referred to as a simple national vote.

Governments can hold plebiscites to test whether people either support or oppose a proposed action on an issue. The government is not bound by the 'result' of a plebiscite as it is by the result of a Constitutional referendum. Federal, state and territory governments have held plebiscites on various issues.

Under s. 7A of the Electoral Act, the AEC can conduct a plebiscite as a fee-for-service election, with the AEC entering into 'an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body'. The rules for a plebiscite or fee-for-service election are normally contained in the terms of the agreement between the AEC and the person funding the election.

Military service plebiscites were held in 1916 and 1917 but, as they were not proposals to amend the Constitution, the provisions of section 128 of the Constitution did not apply. Voters in all federal territories were permitted to vote. Both the military service plebiscites sought a mandate for conscription and were defeated.

The first thing to note about a national plebiscite is that its outcome is not binding on the federal parliament or on any MP or senator.

Additionally, voting in a national plebiscite can be voluntary, unless otherwise stated in any legislation authorising a specific plebiscite. As was the case in the National Song Poll in May 1977 at which 7.59 million people or est. 90%+ of registered voters cast a voluntary ballot.

Besides being voluntary a plebiscite can also be a mail-out ballot as was the Election of Delegates to the Constitutional Convention some twenty years later in December 1997, at which 6 million ballot papers were returned, scrutinised and counted – that is to say only 50.04% of all eligible voters actually voluntarily voted and an est. 1.13% of these cast informal ballots.

A parliamentary vote on same-sex marriage was calculated as costing $17 million in 2016. A stand-alone same-sex plebiscite was estimated to cost up to $525 million in that same year.

An important point to note about a national plebiscite on same-sex marriage is that it is unnecessary as s51 of the Commonwealth of Australia Constitution Act gives federal parliament power to make laws regarding marriage and, parliament exercised that right as recently as 2004 when it changed the definition of marriage in order To ensure that same sex marriages are not recognised as marriage in Australia, inclusive of those performed under the laws of another country that permits such unions.

So one can see why far-right federal MPs and senators would be in favour of a voluntary plebiscite, particularly a postal one.

It may cost taxpayers more but the chances of a high voter participation rate is not as certain and, if the government of the day doesn't like the results of the ballot it can decide to not to act on them.

These parliamentarians probably believe those voters who will be less likely to return a postal ballot will not be those strongly opposed to same-sex marriage, but those who are undecided, neutral, or disinterestedly in favour of rewriting the Marriage Act to allow gay couples to wed.

In the minds of zealots like Eric Abetz and Tony Abbott this is probably seen as giving their cause a fighting chance and absolving them of any responsibility for continuing to actively oppose same-sex marriage.

The travesty that is Australia's asylum seeker offshore detention policy -"If they had arrived by airplane and with a tourist visa then they would be here."

It seems the truth will out.

After the United States completes its vetting of asylum seekers held in overseas detention by the Australian Government it is not obliged to take even one of those individuals U.S. immigration officials have examined.

In May 2017 the Department of Immigration and Border Protection confirmed 268 people had completed their second-stage security interview with US officials: 220 in Nauru and 48 on Manus Island.

U.S. immigration officials halted screening interviews and departed Nauru on 14 July 2017, two weeks short of their scheduled timetable and a day after Washington said the US had reached its annual refugee intake cap.

However, under the original agreement once that vetting is completed Australia becomes obliged to resettle between 20 and 50 people under a U.S. "Protection Transfer Arrangement" in Costa Rica set up to resettle refugees from El Salvador, Honduras and Guatemala.

Prime Minister Turnbull verbally changed that undertaking to an open-ended number of people the Trump Administration might be “very keen on getting out of the United States”.

There is no indication that the U.S. Government intends to complete its vetting of those detained on Nauru and Manus islands.

The Washington Post, 3 August 2017:

The Washington Post has obtained transcripts of two conversations President Trump had with foreign leaders: one with Mexican President Enrique Peña Nieto and another with Australian Prime Minister Malcolm Turnbull.

The transcripts were prepared by the White House but have not been released. The Post is publishing reproductions rather than original documents in order to protect sources. The reproductions below also include minor spelling and grammatical mistakes that appeared in the documents………………

JANUARY 28, 2017 FROM 5:05 TO 5:29 P.M. EST.

TURNBULL

Good evening.

TRUMP

Mr. Prime Minister, how are you?

TURNBULL

I am doing very well.

TRUMP

And I guess our friend Greg Norman, he is doing very well?

TURNBULL

He is a great mutual friend yes.

TRUMP

Well you say hello to him. He is a very good friend. By the way thank you very much for taking the call. I really appreciate it. It is really nice.

TURNBULL

Thank you very much. Everything is going very well. I want to congratulate you and Mike Pence on being sworn in now. I have spoken to you both now as you know. I know we are both looking to make our relationship which is very strong and intimate, stronger than ever – which I believe we can do.

TRUMP

Good.

TURNBULL

I believe you and I have similar backgrounds, unusual for politicians, more businessman but I look forward to working together.

TRUMP

That is exactly right. We do have similar backgrounds and it seems to be working in this climate – it is a crazy climate. Let me tell you this, it is an evil time but it is a complex time because we do not have uniforms standing in front of us. Instead, we have people in disguise. It is brutal. This ISIS thing – it is something we are going to devote a lot of energy to it. I think we are going to be very successful.

TURNBULL

Absolutely. We have, as you know, taken a very strong line on national security and border protection here and when I was speaking with Jared Kushner just the other day and one of your immigration advisors in the White House we reflected on how our policies have helped to inform your approach. We are very much of the same mind. It is very interesting to know how you prioritize the minorities in your Executive Order. This is exactly what we have done with the program to bring in 12,000 Syrian refugees, 90% of which will be Christians. It will be quite deliberate and the position I have taken – I have been very open about it – is that it is a tragic fact of life that when the situation in the Middle East settles down – the people that are going to be most unlikely to have a continuing home are those Christian minorities. We have seen that in Iraq and so from our point of view, as a final destination for refugees, that is why we prioritize. It is not a sectarian thing. It is recognition of the practical political realities. We have a similar perspective in that respect.

TRUMP

Do you know four years ago Malcom, I was with a man who does this for a living. He was telling me, before the migration, that if you were a Christian from Syria, you had no chance of coming to the United States. Zero. They were the ones being persecuted. When I say persecuted, I mean their heads were being chopped off. If you were a Muslim we have nothing against Muslims, but if you were a Muslim you were not persecuted at least to the extent – but if you were a Muslim from Syria that was the number one place to get into the United States from. That was the easiest thing. But if you were a Christian from Syria you have no chance of getting into the United States. I just thought it was an incredible statistic. Totally true – and you have seen the same thing. It is incredible.

TURNBULL

Well, yes. Mr. President, can I return to the issue of the resettlement agreement that we had with the Obama administration with respect to some people on Nauru and Manus Island. I have written to you about this and Mike Pence and General Flynn spoke with Julie Bishop and my National Security Advisor yesterday. This is a very big issue for us, particularly domestically, and I do understand you are inclined to a different point of view than the Vice President.

TRUMP

Well, actually I just called for a total ban on Syria and from many different countries from where there is terror, and extreme vetting for everyone else – and somebody told me yesterday that close to 2,000 people are coming who are really probably troublesome. And I am saying, boy that will make us look awfully bad. Here I am calling for a ban where I am not letting anybody in and we take 2,000 people. Really it looks like 2,000 people that Australia does not want and I do not blame you by the way, but the United States has become like a dumping ground. You know Malcom, anybody that has a problem – you remember the Mariel boat lift, where Castro let everyone out of prison and Jimmy Carter accepted them with open arms. These were brutal people. Nobody said Castro was stupid, but now what are we talking about is 2,000 people that are actually imprisoned and that would actually come into the United States. I heard about this – I have to say I love Australia; I love the people of Australia. I have so many friends from Australia, but I said – geez that is a big ask, especially in light of the fact that we are so heavily in favor, not in favor, but we have no choice but to stop things. We have to stop. We have allowed so many people into our country that should not be here. We have our San Bernardino’s, we have had the World Trade Center come down because of people that should not have been in our country, and now we are supposed to take 2,000. It sends such a bad signal. You have no idea. It is such a bad thing.

TURNBULL

Can you hear me out Mr. President?

TRUMP

Yeah, go ahead.

TURNBULL

Yes, the agreement, which the Vice President just called the Foreign Minister about less than 24 hours ago and said your Administration would be continuing, does not require you to take 2,000 people. It does not require you to take any. It requires, in return, for us to do a number of things for the United States – this is a big deal, I think we should respect deals.

TRUMP

Who made the deal? Obama?

TURNBULL

Yes, but let me describe what it is. I think it is quite consistent. I think you can comply with it. It is absolutely consistent with your Executive Order so please just hear me out. The obligation is for the United States to look and examine and take up to and only if they so choose – 1,250 to 2,000. Every individual is subject to your vetting. You can decide to take them or to not take them after vetting. You can decide to take 1,000 or 100. It is entirely up to you. The obligation is to only go through the process. So that is the first thing. Secondly, the people — none of these people are from the conflict zone. They are basically economic refugees from Iran, Pakistan, and Afghanistan. That is the vast bulk of them. They have been under our supervision for over three years now and we know exactly everything about them.

TRUMP

Why haven’t you let them out? Why have you not let them into your society?

TURNBULL

Okay, I will explain why. It is not because they are bad people. It is because in order to stop people smugglers, we had to deprive them of the product. So we said if you try to come to Australia by boat, even if we think you are the best person in the world, even if you are a Noble [sic] Prize winning genius, we will not let you in. Because the problem with the people —

TRUMP

That is a good idea. We should do that too. You are worse than I am.

TURNBULL

This is our experience.

TRUMP

Because you do not want to destroy your country. Look at what has happened in Germany. Look at what is happening in these countries. These people are crazy to let this happen. I spoke to Merkel today, and believe me, she wishes she did not do it. Germany is a mess because of what happened.

TURNBULL

I agree with you, letting one million Syrians walk into their country. It was one of the big factors in the Brexit vote, frankly.

TRUMP

Well, there could be two million people coming in Germany. Two million people. Can you believe it? It will never be the same.

TURNBULL

I stood up at the UN in September and set up what our immigration policy was. I said that you cannot maintain popular support for immigration policy, multiculturalism, unless you can control your borders. The bottom line is that we got here. I am asking you as a very good friend. This is a big deal. It is really, really important to us that we maintain it. It does not oblige you to take one person that you do not want. As I have said, your homeland officials have visited and they have already interviewed these people. You can decide. It is at your discretion. So you have the wording in the Executive Order that enables the Secretary of Homeland Security and the Secretary of State to admit people on a case by case basis in order to conform with an existing agreement. I do believe that you will never find a better friend to the United States than Australia. I say this to you sincerely that it is in the mutual interest of the United States to say, “yes, we can conform with that deal – we are not obliged to take anybody we do not want, we will go through extreme vetting” and that way you are seen to show the respect that a trusted ally wants and deserves. We will then hold up our end of the bargain by taking in our country 31 [inaudible] that you need to move on from.

TRUMP

Malcom [sic], why is this so important? I do not understand. This is going to kill me. I am the world’s greatest person that does not want to let people into the country. And now I am agreeing to take 2,000 people and I agree I can vet them, but that puts me in a bad position. It makes me look so bad and I have only been here a week.

TURNBULL

With great respect, that is not right – It is not 2,000.

TRUMP

Well, it is close. I have also heard like 5,000 as well.

TURNBULL

The given number in the agreement is 1,250 and it is entirely a matter of your vetting. I think that what you could say is that the Australian government is consistent with the principles set out in the Executive Order.

TRUMP

No, I do not want say that. I will just have to say that unfortunately I will have to live with what was said by Obama. I will say I hate it. Look, I spoke to Putin, Merkel, Abe of Japan, to France today, and this was my most unpleasant call because I will be honest with you. I hate taking these people. I guarantee you they are bad. That is why they are in prison right now. They are not going to be wonderful people who go on to work for the local milk people.

TURNBULL

I would not be so sure about that. They are basically —

TRUMP

Well, maybe you should let them out of prison. I am doing this because Obama made a bad deal. I am not doing this because it fits into my Executive Order. I am taking 2,000 people from Australia who are in prison and the day before I signed an Executive Order saying that we are not taking anybody in. We are not taking anybody in, those days are over.

TURNBULL

But can I say to you, there is nothing more important in business or politics than a deal is a deal. Look, you and I have a lot of mutual friends.

Look, I do not know how you got them to sign a deal like this, but that is how they lost the election. They said I had no way to 270 and I got 306. That is why they lost the election, because of stupid deals like this. You have brokered many a stupid deal in business and I respect you, but I guarantee that you broke many a stupid deal. This is a stupid deal. This deal will make me look terrible.

TURNBULL

Mr. President, I think this will make you look like a man who stands by the commitments of the United States. It shows that you are a committed —

TRUMP

Okay, this shows me to be a dope. I am not like this but, if I have to do it, I will do it but I do not like this at all. I will be honest with you. Not even a little bit. I think it is ridiculous and Obama should have never signed it. The only reason I will take them is because I have to honor a deal signed by my predecessor and it was a rotten deal. I say that it was a stupid deal like all the other deals that this country signed. You have to see what I am doing. I am unlocking deals that were made by people, these people were incompetent. I am not going to say that it fits within the realm of my Executive Order. We are going to allow 2,000 prisoners to come into our country and it is within the realm of my Executive Order? If that is the case my Executive Order does not mean anything Malcom [sic]. I look like a dope. The only way that I can do this is to say that my predecessor made a deal and I have no option then to honor the deal. I hate having to do it, but I am still going to vet them very closely. Suppose I vet them closely and I do not take any?

TURNBULL

That is the point I have been trying to make.

TRUMP

How does that help you?

TURNBULL

Well, we assume that we will act in good faith.

TRUMP

Does anybody know who these people are? Who are they? Where do they come from? Are they going to become the Boston bomber in five years? Or two years? Who are these people?

TURNBULL

Let me explain. We know exactly who they are. They have been on Nauru or Manus for over three years and the only reason we cannot let them into Australia is because of our commitment to not allow people to come by boat. Otherwise we would have let them in. If they had arrived by airplane and with a tourist visa then they would be here.

TRUMP

Malcom [sic], but they are arrived on a boat?

TURNBULL

Correct, we have stopped the boats.

TRUMP

Give them to the United States. We are like a dumping ground for the rest of the world. I have been here for a period of time, I just want this to stop. I look so foolish doing this. It [sic] know it is good for you but it is bad for me. It is horrible for me. This is what I am trying to stop. I do not want to have more San Bernardino’s or World Trade Centers. I could name 30 others, but I do not have enough time.

TURNBULL

These guys are not in that league. They are economic refugees.

TRUMP

Okay, good. Can Australia give me a guarantee that if we have any problems – you know that is what they said about the Boston bombers. They said they were wonderful young men.

TURNBULL

They were Russians. They were not from any of these countries.

TRUMP

They were from wherever they were.

TURNBULL

Please, if we can agree to stick to the deal, you have complete discretion in terms of a security assessment. The numbers are not 2,000 but 1,250 to start. Basically, we are taking people from the previous administration that they were very keen on getting out of the United States. We will take more. We will take anyone that you want us to take. The only people that we do not take are people who come by boat. So we would rather take a not very attractive guy that help you out then to take a Noble [sic] Peace Prize winner that comes by boat. That is the point.

TRUMP

What is the thing with boats? Why do you discriminate against boats? No, I know, they come from certain regions. I get it.

TURNBULL

No, let me explain why. The problem with the boats it that you are basically outsourcing your immigration program to people smugglers and also you get thousands of people drowning at sea. So what we say is, we will decide which people get to come to Australia who are refugees, economic migrants, businessmen, whatever. We decide. That is our decision. We are a generous multicultural immigration nation like the United States but the government decides, the people’s representatives decides. So that is the point. I am a highly transactional businessman like you and I know the deal has to work for both sides. Now Obama thought this deal worked for him and he drove a hard bargain with us – that it was agreed with Obama more than a year ago in the Oval Office, long before the election. The principles of the deal were agreed to.

TRUMP

I do not know what he got out of it. We never get anything out of it – START Treaty, the Iran deal. I do not know where they find these people to make these stupid deals. I am going to get killed on this thing.

TURNBULL

You will not.

TRUMP

Yes, I will be seen as a weak and ineffective leader in my first week by these people. This is a killer.

TURNBULL

You can certainly say that it was not a deal that you would have done, but you are going to stick with it.

TRUMP

I have no choice to say that about it. Malcom [sic], I am going to say that I have no choice but to honor my predecessor’s deal. I think it is a horrible deal, a disgusting deal that I would have never made. It is an embarrassment to the United States of America and you can say it just the way I said it. I will say it just that way. As far as I am concerned that is enough Malcom [sic]. I have had it. I have been making these calls all day and this is the most unpleasant call all day. Putin was a pleasant call. This is ridiculous.

TURNBULL

Do you want to talk about Syria and DPRK?

TRUMP

[inaudible] this is crazy.

TURNBULL

Thank you for your commitment. It is very important to us.

TRUMP

It is important to you and it is embarrassing to me. It is an embarrassment to me, but at least I got you off the hook. So you put me back on the hook.

TURNBULL

You can count on me. I will be there again and again.

TRUMP

I hope so. Okay, thank you Malcolm.

TURNBULL

Okay, thank you.

END OF CALL

* My yellow highlighting.

Australian Human Rights Commission 2017, "Change The Course: National report on sexual assault and sexual harassment at Australian universities

Change The Course: National Report On Sexual Assault and Sexual Harassment At Australian Univerities, 2017: Executive summary At the request of Australia’s 39 universities, the Australian Human Rights Commission has conducted a national, independent survey of university students to gain greater insight into the nature, prevalence and reporting of sexual assault and sexual harassment at Australian universities. The National university student survey on sexual assault and sexual harassment (the National Survey) also examined the effectiveness of university services and policies that address sexual assault and sexual harassment on campus. The request to conduct this survey follows decades of advocacy on the topic of sexual assault and sexual harassment at universities both within Australia and overseas. The National Survey is the first of its kind and the first attempt to examine in detail the scale and the nature of the problem in Australia. This work builds on the Commission’s extensive experience leading projects of this nature, including the Review into the Treatment of Women in the Australian Defence Force and conducting national workplace sexual harassment surveys for the past 12 years. The National Survey measured the experiences of over 30,000 students across all 39 universities and collected information about: * prevalence of sexual assault and sexual harassment among Australian university students in 2015 and 2016 * characteristics of people who experienced sexual assault and sexual harassment * characteristics of perpetrators of sexual assault and sexual harassment * settings where students experienced sexual assault and sexual harassment at university * reporting of sexual assault and sexual harassment, and * students’ recommendations for change. In addition to the quantitative data gathered via the National Survey, a vast amount of qualitative data was gathered through written submissions. The Commission accepted written submissions from 23 August 2016 to 2 December 2016 and received 1849 submissions in total. This report outlines the findings of the National Survey, provides an analysis of the qualitative information received through the submissions, and makes recommendations for areas of action and reform. Warning: This report contains detailed accounts of sexual assault and sexual harassment, including personal accounts from survivors, which some readers may find distressing.

Australian Human Rights Commission (AHRC) 2017 "Change The Course" Report by clarencegirl on Scribd

Why are we still refusing to fully honour the spiritual and cultural relationship that traditional owners have to the land in Australia?

It doesn’t matter to the Turnbull Government that science declares that Aboriginal Australia has existed since time immemorial or that indigenous culture has existed on this continent longer than any other culture which is now part of multicultural Australia -  it stubbornly refuses to genuinely honour the spiritual and cultural relationship that traditional owners have with the land.

Native Title law now tainted by Adani

June 15, 2017

MEDIA RELEASE
14 June 2017

Traditional Owners slam passage of Native Title amendments

Traditional Owners fighting Adani’s proposed coal mine have expressed profound disappointment at the passage of Attorney General Brandis’ amendments to the Native Title Act, stressing that while Mabo’s legacy has been diminished they will continue to fight for their rights.

Senior spokesperson for the W&J Traditional Owners Council, Adrian Burragubba, says, “Adani’s problems with the Wangan and Jagalingou people are not solved this week. The trial to decide the fate of Adani’s supposed deal with the Wangan and Jagalingou Traditional Owners is scheduled for the Federal Court in March 2018.

“Our people are the last line of legal defence against this mine and its corrosive impact on our rights, and the destruction of country that would occur.

“Senator Brandis has been disingenuous in prosecuting his argument for these changes to native title laws, while the hands of native title bureaucrats and the mining lobby are all over the outcome.

“This swift overturning of a Federal Court decision, without adequate consultation with Indigenous people, was a significant move, not a mere technical consideration as the Turnbull Government has tried to make out.

“It is appalling and false for George Brandis to pretend that by holding a ‘workshop’ with the CEOs of the native title service bodies, he has the unanimous agreement of Traditional Owners across Australia. No amount of claimed ‘beseeching’ by the head of the Native Title Council, Glen Kelly, can disguise this.

“The public were not properly informed about the bill, and nor were Indigenous people around the country, who were not consulted and did not consent to these changes.

“We draw the line today. We declare our right to our land. There is no surrender. There is no land use agreement. We are the people from that land. We’re the rightful Traditional Owners of Wangan and Jagalingou country, and we are in court to prove that others are usurping our rights”, he said.

Spokesperson for the W&J Traditional Owners Council, Ms Murrawah Johnson, says, “Whatever else this change does, we know that the Turnbull Government went into overdrive for Adani’s interests.

“Brandis’ intervention in our court case challenging the sham ILUA was about Adani. Most of what Senator Matt Canavan had to say in argueing his ill-informed case for native title changes was about Adani. The Chairman of Senate Committee inquiring into the bill, Senator Ian McFarlane, referring to the native title amendments as “the Adani bill” was about Adani. And the PM telling Chairman Gautam Adani that he’d fix native title was about Adani”.

“We are continuing to fight Adani in court and our grounds are strong. If anyone tells you this is settled because the bill was passed, they are lying”, she said.

Adrian Burragubba says, “The Labor Opposition seems to understand this, even though they supported passage of the bill. Senator Pat Dodson went so far as to say this bill does not provide some kind of green light for the Adani mine, as some suggest.

“Pat Dodson acknowledged that W&J have several legal actions afoot against Adani and we are glad that in the midst of this dismal response to the rights of Indigenous people some MPs, including the Greens who voted against the bill, recognise the serious claim we have to justice.

Mr Dodson said in the Senate that: “most of this litigation will be entirely unaffected by the passage of this bill. In particular, there are very serious allegations of fraud that have been made against Adani regarding the processes under which agreements with the Wangan and Jagalingou people were purportedly reached. And those proceedings, which may impact on the validity of any ILUA, will only commence hearings in March next year. Other legal action is also underway, including a case challenging the validity of the licences issued by the Queensland government.”

This week researchers from the University of Queensland released a report titled ‘Unfinished Business: Adani, the state, and the Indigenous rights struggle of the Wangan and Jagalingou Traditional Owners Council‘.

For more information and to arrange interviews:  Anthony Esposito, W&J Council advisor – 0418 152 743.

Australian Government guide to when it is extinguishing our traditional freedoms, rights and privileges

In 2015 Australian Attorney-General and Liberal Senator for Queensland George Brandis thoughtfully provided voters with a guide to assist them with analysing whether federal legislation rides roughshod over traditional rights, freedoms and privileges.

This guide can be found in the Australian Law Reform Commission Report 129, Traditional Rights and Freedoms— Encroachments by Commonwealth Laws:

The Terms of Reference, provided by the Attorney-General, Senator the Hon George Brandis QC, state that laws that encroach on traditional rights, freedoms and privileges should be understood to refer to laws that:

interfere with freedom of speech;

interfere with freedom of religion;

interfere with freedom of association;

interfere with freedom of movement;

interfere with vested property rights;

retrospectively change legal rights and obligations;

create offences with retrospective application;

alter criminal law practices based on the  principle of a fair trial;

reverse or shift the burden of proof;

exclude the right to claim the privilege against self-incrimination;

abrogate client legal privilege;

apply strict or absolute liability to all physical elements of a criminal offence;

permit an appeal from an acquittal;

deny procedural fairness to persons affected by the exercise of public power;

inappropriately delegate legislative power to the executive;

authorise the commission of a tort;

disregard common law protection of personal reputation;

give executive immunities a wide application;

restrict access to the courts; and

interfere with any other similar legal right, freedom or privilege

WARNING: Don’t attempt a drinking game with this list as you may succumb to acute alcohol poisoning before reaching the end.

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

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

United Nations Refugee Agency, UNHCR chief Filippo Grandi calls on Australia to end harmful practice of offshore processing, 24 July 2017:

Australia’s policy of offshore processing in Papua New Guinea and Nauru, which denies access to asylum in Australia for refugees arriving by sea without a valid visa, has caused extensive, avoidable suffering for far too long.

Four years on, more than 2,000 people are still languishing in unacceptable circumstances. Families have been separated and many have suffered physical and psychological harm.

In light of this dire humanitarian situation, last November UNHCR exceptionally agreed to help with the relocation of refugees to the United States following a bilateral agreement between Australia and the US. We agreed to do so on the clear understanding that vulnerable refugees with close family ties in Australia would ultimately be allowed to settle there. 

UNHCR has recently been informed by Australia that it refuses to accept even these refugees, and that they, along with the others on Nauru and Papua New Guinea, have been informed that their only option is to remain where they are or to be transferred to Cambodia or to the United States.

This means, for example, that some with serious medical conditions, or who have undergone traumatic experiences, including sexual violence, cannot receive the support of their close family members residing in Australia.

To avoid prolonging their ordeal, UNHCR has no other choice but to endorse the relocation of all refugees on Papua New Guinea and Nauru to the United States, even those with close family members in Australia.  

There is no doubt these vulnerable people, already subject to four years of punishing conditions, should be reunited with their families in Australia. This is the humane and reasonable thing to do. 

The Australian government’s decision to deny them this possibility is contrary to the fundamental principles of family unity and refugee protection, and to common decency. 

UNHCR fully endorses the need to save lives at sea and to provide alternatives to dangerous journeys and exploitation by smugglers. But the practice of offshore processing has had a hugely detrimental impact. There is a fundamental contradiction in saving people at sea, only to mistreat and neglect them on land.  

Australia has a proud humanitarian tradition, manifested in its support for overseas aid and its longstanding refugee resettlement programme. I urge Australia to bring an immediate end to the harmful practice of offshore processing, offer solutions to its victims, for whom it retains full responsibility, and work with us on future alternatives that save lives at sea and provide protection to people in need.

At a time of record levels of displacement globally, it is crucial that all States offer protection to survivors of war and persecution, and not outsource their responsibilities to others. Refugees, our fellow human beings, deserve as much.

 Background

Approximately 2,500 refugees and asylum-seekers have been forcibly transferred by Australia to ‘offshore processing’ facilities in Papua New Guinea and Nauru since the introduction of the current policy in 2013. Of these, some 1,100 remain in Nauru and 900 in Papua New Guinea.

Following the Australia-US bilateral agreement on relocation, UNHCR has referred more than 1,100 refugees to the US over the past eight months. Another 500 people are still waiting for the outcome of the refugee status determination processing being carried out by authorities in PNG and Nauru, under the Australian arrangement.