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The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.
Make no mistake, our church leaders are not yet out of the blaze of the headlights. They don't have all the answers, not even in relation to matters peculiarly within their jurisdiction. Despite being put on notice, our most senior bishops could not even agree on the limits of the seal of the confessional and on what a priest should do if abuse were reported in the confessional by a child. It's not just our past leaders who needed help. Our present leaders also do.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
Last Monday, the Royal Commission commenced its three-week forensic examination of the causes of child sexual abuse and cover up in the Catholic Church in Australia over the last 60 years. The statistics were horrifying. Every case represented a person who claims as a child to have been abused by a person of authority in a Catholic institution. Whichever way the statistics are interpreted in comparison with other institutions, they are appalling. We need to hold the victims clearly in focus.
Listening to the media and our church leaders in recent days, we know that there is plenty of darkness ahead for our Church in the weeks ahead with the Royal Commission's so-called 'Catholic wrap-up'. We're told that the statistics will be terrible and we expect that some of our church leaders will appear, looking stunned and helpless. This morning, I think we need to reflect on these stark realities in the light of the scriptures. And this can be done only by holding the victims clearly in focus.
Without any media fanfare, Foreign Minister Julie Bishop published a statement on 9 January 2017 announcing that Australia and Timor Leste had agreed to terminate the 2006 Treaty on Certain Maritime Arrangements in the Timor Sea. This news is more welcome to the Timorese government than to the Australian government. But the uncertainty created by this Timorese win might in time impact more adversely on Timor than on Australia. Only time will tell.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
Neither India nor Australia can go it alone when confronting a global issue such as climate change. India cannot disregard the effects on other nations when it adopts laws and policies for alleviating the poverty of the poorest of the poor. Australia cannot disregard the effects on other nations when it considers restricting the availability of resources for export such as coal which might help provide electricity for the world's poorest citizens.
'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
The government has struck a deal with the USA which provides hope at last for the 1600 proven refugees on Manus and Nauru. There's still a lot of work to be done before these refugees can get on with their lives after three years of hopeless agony. Gone are the days of presuming that those who arrive without visas are in direct flight from persecution. Gone are the days when they get first option on the available humanitarian places. I welcome the government's decision, and await the detail.
'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
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