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Ai Weiwei might be more Dada than Dao and a hirsute satirist of Beijing's rulers, but he is no mere trending hashtag. Since his birth in 1957, his life history has moulded him, and given him the courage to speak up for a reformed China. And while he might appear the court jester that a simplistic West wants, he is in fact a clever and pragmatic political operator in his own world pursuing a rights agenda in a systematic, constructive and humorous way, often through artistic production.
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.
Although they can be inconvenient, human rights matter. It is important for nations to recognise them and for citizens to defend them. The survivors of the Second World War who had seen the gross violations of human rights under both Nazi and Communist regimes clearly saw this. These states regarded human rights as a privilege that they could give and take away as they chose. History spells out in the alphabet of gas chambers and gulags what that attitude meant for their subjects.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
The consideration of medico-legal problems in the public square of a pluralistic democratic society keeping pace with profound technological change is often marked by simplistic assertions, precluding considerations of comprehensive world views, whether religious or philosophical. It is now commonplace for doctors to be told to leave their consciences at the door, as their patients are consumers and they are suppliers and of course the market decides. Debates about law and policy are often resolved with simplistic assertions about individual rights and autonomy, with little consideration for the public interest, the common good, and the doctor-patient relationship. Even conscience is said to be a matter for contracting out. This evening I ask whether there are more compelling ways to resolve medico-legal dilemmas, while conceding a limited role for law in determining the range of acceptable answers.
Prime Minister Malcolm Turnbull has declared that violence against women needs to be seen as 'unAustralian'. But sexual violence against women was part of the colonial experience for the Indigenous population, and continues to be a symptom of the punitive measures enacted against asylum seekers that we have a moral and legal obligation to protect. Violence against women is very much 'Australian', and will be until the institutional violence that has defined our past is owned and redressed.
Health care professionals at the Royal Melbourne Children's Hospital have begun to do what could not be achieved by reports from the UN Special Rapporteur on Torture and Australia's Human Rights Commission. The doctors and staff are refusing to release children they treat back to the detention which caused their problems in the first place. By this brave act has begun the slow task of pouring daylight (always the best antiseptic) into this gaping wound in Australian society.
Folk legend and renowned human rights activist Joan Baez's fire hasn't dimmed. Today she rages at the 'disgusting' state of race relations in America — 'police violence, mass arrests of people of colour, torture in prisons' — half a century on from the Selma civil rights marches, in which she took part. Yet amid these horrors, Baez still finds herself able to be moved by examples of 'amazing grace'.
Writing in The Australian this week, Chris Kenny declares: 'Emotion, moral vanity, political posturing and good intentions won't be much of a guide when it comes to making the right decisions and delivering the best results'. He and like minded opinion writers get so much traction because they're essentially correct. Compassion alone is not enough.
After almost two years living abroad in Germany, I have observed a stark difference in how European societies strike a balance between legislative oversight and individual freedom. More or less anything is tolerated here, as long as you respect the rights and freedoms of others. Tolerance and 'least intervention' thrive on personal responsibility and eschew knee-jerk intervention.
The politicians have an excuse: they have vested interests. But what about the rest of us? Has the rape and torture of asylum seekers, many of them children, in institutions established at the behest of Canberra, become so commonplace that it no longer shocks? It's not that empathy is an emotion particularly lacking in Australia. But there remains a disconnect between 'us' and asylum seekers.
The epidemic of African wildlife poaching returned to the headlines this week with news that an American hunter had killed a much-loved lion, Cecil, in Zimbabwe's Hwange National Park. Such 'leisure activities' speak to a base instinct to control, brutalise and defeat. Yet the outpouring of fury at Cecil's killer by celebrities and the public on social media platforms feels somewhat hypocritical and opportunistic.
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