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'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.
Technicalities seldom withstand moral grievance. So it is with Philippine president Rodrigo Duterte's justification for allowing the remains of a reviled dictator to be buried at Libingan ng mga Bayani - the Heroes' Cemetery. Young Filipinos, observing recent political disorder, had begun wondering whether Marcos was really that bad. But the disgusted response of millenials and others to the sneaky burial suggests that the pushback against historical revisionism is paying off.
Last week the Vatican Congregation for the Doctrine of the Faith issued an Instruction on the conditions under which cremation is legitimate for Catholics. The starting point is the conviction that for Christians the best way of treating the body after death is through burial. Yet cremation is open to possibilities that the Instruction does not envisage. Sprinkling the ashes over the sea or a place significant to the dead person can be consistent with an informed Christian sensibility. It need not be pantheistic.
It is a welcome change to see budgets spoken of in moral terms. The government recently insisted on a moral responsibility to future generations to fix the deficit. And the Australian Catholic bishops welcomed on moral grounds the compromise that saw dropped from the budget measures which would further disadvantage vulnerable people. The difference was that the government's argument was focused on the budget, whereas the bishops' focused on particular groups of people.
Newly appointed Senator for Western Australia, Pat Dodson, in his first week on the job, raised the thorny political question of treaty. I see the need for both treaty and constitutional reform, which support each other in promoting justice for Aboriginal and Torres Strait Islander Australians. But the limitations of my understanding are both that I am a lawyer, and that I am not an Indigenous Australian. I need to heed the diverse voices of Indigenous Australia in understanding what is truly at stake.
Dismantling white myths about history is a positive step, a potential pin in an ethnic nationalism which lingers here. Yet these posters pop up often not in bastions of that denial, but rather on walls across Western Sydney, in suburbs whose demographics hardly tell tales of fortresses of white privilege. It seems that, less than a project to dismantle white myths about history, the popularity of these stories is more an attempt to bring non-white Australians into a new myth in the making.
Hailing from Argentina, Francis puts his trust neither in ideological Communism nor in unbridled capitalism. We need to enhance international security, building the rule of law within multilateral organisations, and fostering the climate for investment sensitive to the triple bottom line - economic, social and environmental. I return from Rome grateful that we have a pope prepared to open these questions, accompanied by senior prelates happy to mix it with business and community leaders.
It's less than a year since we lamented the lack of non-white faces among 2015's Oscar nominees. This year the situation is even grimmer, with not one non-white face among 20 nominees for acting awards, despite a raft of clear contenders. It is ironic, because at first glance, concepts of empowerment and inclusion seem to have been at the forefront of Academy members' minds. The theme of bringing marginalised or oppressed groups into the centre, or of restoring power and dignity to vulnerable individuals from whom it has been stripped, run through many of this year's nominated films.
It is now more than three years (and three prime ministers) since the expert panel set up by the Gillard government reported on how the Constitution might be amended to provide recognition of Aboriginal and Torres Strait Islander peoples. When I read the report, my heart sank. It had put forward a comprehensive, but unachievable and unworkable proposal for change. The lesson from 1967 is that a modest change carried overwhelmingly by the Australian people provides the impetus for change.
Twenty years ago I was hopeful that countries would take strong and sensible action to address climate change, just as we had in 1987 when we faced the major depletion of the ozone layer. The following years slowly erased this hope. The Church did not do enough to stem disappointment, or to affirm that 'stewardship' alone was not going to provide sufficient grounds for the needed changes. By 2010 I was resigned to devastation. But Pope Francis has provided me with a ray of hope.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
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