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How we name someone makes a big difference. Criminals are subject to the criminal justice system. They can access legal aid and the prosecution must prove its case. Whereas terrorists can have their citizenship cancelled under the proposed changes to the Citizenship Act if they are a dual national, even without a conviction.
In an impressive demonstration of how the revocation of citizenship can be made to work to defend the national reputation and lifestyle of a country against those who would wish it harm, five of the country's seven opposition MPs (in a 19 member Parliament) have had their passports cancelled for 'damaging the reputation and development of the country'. In Australia, at least for the moment, damaging of Government property will still be required for the Minister of Immigration and Border Protection to revoke citizenship under the new anti-terror provisions in s.35A of the Citizenship Act.
If you're going to apply a blowtorch to an institution as wealthy and litigious as the Church of Scientology, you might best be advised to first apply a magnifying glass. Alex Gibney details the dark side of the movement: its dubious tax-exempt status; allegations of psychological and physical abuse of current members and harassment of former members. But he is equally interested in unpacking the nature of belief in Scientology: what draws people to it, and also what drives them away.
Private property rights are one of the few rights expressly protected under the Australian Constitution, but broader societal interests must be taken into consideration. Compulsory acquisition of land for the greater public good has always been a fact of life for property owners. France is currently enacting laws to force supermarkets to give their unsold consumable food 'property' to charities.
On July 1 the Australian Border Force Act 2015 became law. Detention centre staff are now forbidden to speak about human rights abuses, with a two year jail penalty applying. It is perhaps appropriate to recall the secrecy of the security apparatus of Stalinist Russia, Apartheid South Africa, and Chile and Argentina under the Generals, where victims were denigrated and information prevented from leaking out.
Steve Ciobo MP described Zaky Mallah’s terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.
Ministerial discretion over citizenship can't replace court processes. Such executive overreach, which contradicts democratic principle, has already found expression in law. From July 1st, workers involved in immigration detention, including doctors and teachers, are subject to two years imprisonment for speaking publicly about what they witness. In other words, whistleblowing has been penalised.
Walking towards the courthouse, I heard a cry, 'Hey, Father Frank, over here! You've got to support us mob.' I was torn. I was chairing a national consultation at the request of the Commonwealth Government. I did not want to politicise our presence in town. But then again, I did not want to abandon Ben and his colleagues in their hour of need. They all stood in front of an Aboriginal flag. Some were crying out for justice for their deceased loved one.
Refugee Week has been overshadowed by stories of harsh new laws, reports of government misbehaviour and ministerial silence. Regrettably hostility towards asylum seekers is widespread. We must look beyond this crabbed little world to imagine a polity in which states cooperate to change the conditions that force refugees to flee.
It was far from democratic and arose from circumstances of pure opportunism, but the Magna Carta was created as a break on arbitrary rule and power. Therefore contemporary moves to undermine such principles as the rule of law are prescient. Australia's parliament commemorates its birthday even as it extends the reach of national security laws and endorses a draconian refugee policy.
There is a particular anatomy to the process of othering. In any context, the formula consists of propaganda, hatred, division, suppression and control. I'm from Perth. Some people would dispute this due to my brown skin and non-Anglo name. But I was born here, and have lived here for my entire life. Still, people like me are too often considered Australian only by law, and not by sociocultural connotation.
Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
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