Rights of Man

Rights of Man

Magna Carta 15 June 1215

We know where we stand on a Bill of Rights and we could argue for it but we don’t think we need to any more. John Howard has argued against it and that’s just about enough for us. The little shit has been so wrong about almost everything he has touched as he blundered cynically and sycophantically through his political career that anything he is against is almost certain to be the right thing to do.

“ Mr Howard said MPs should not hand their decision-making powers to “unelected judges accountable to no-one”.

Just put this beside, say, Howard’s support for Guantánamo and the US military commissions – both legal black holes accountable to no-one but the “unitary Executive”.

Or put it beside the terrorism laws his government introduced, the rolling back of eight centuries of habeas corpus, the fact that the security forces and selected judges and magistrates were/are accountable for their actions not to Parliament and indeed to no-one but the Cabinet ministers, in secret.

The people have no right to know what they are up to. In fact knowing what they are up to, reporting what they are up to or probably even asking what they are up to could land you in gaol. This situation borders on (if it is not already) oligarchy. It is the sort of thing that the French Revolution was fought over, and that the Enlightenment was all about. And it is okay with John Howard.

Actually … where do “the people” fit in, for John Howard?

The idea that a Bill of Rights tears apart the fabric of civil society is a monstrous, cynical joke. Our entire legal and political system is based on bills of rights of one kind or another, in one way or another.

Magna Carta was a Bill of Rights; the English Parliament passed the Petition of Right in May 1628 which referred to rights secured in the reign of Edward III three centuries earlier:

IV. And in the eight-and-twentieth year of the reign of King Edward III, it was declared and enacted by authority of parliament, that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited nor put to death without being brought to answer by due process of law.

V. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty’s writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty’s special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.

[ … ]

VII. And whereas also by authority of parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty’s great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

The Howard/Ruddock terrorism laws amount to this description of martial law (and in fact to terrorism themselves). Howard bulldozed all of these hard-fought rights and liberties, the history and traditions of law. And why? Because he believes in his heart that the people can’t be trusted with their own lives? Can’t be trusted with power? That power should remain in the hands of those special few who “understand” it? That rights ought not be defined but should be secret privileges that are in the gift of the few, to be dispensed as the favours of a benevolent ruling elite?

Well, as long as we do have our constitution they are not privileges and they are not in his gift to dispense to the deserving and the compliant and the mates. They are ours and we want them written down and enshrined so that people such as Howard — like the pigs in Animal Farm — can’t take them away.

Amnesty’s human rights act campaign coordinator Jenny Leong says …

“We need to remember that it was under the Howard government that so many of the human rights of this country and our reputation internationally for respecting human rights were eroded,”

she told ABC News Online.

The French declared the Rights of Man and of the Citizen in 1789.

The first four Articles are:

1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.

2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.

3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.

4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.

In 1791 Thomas Paine wrote in Rights of Man:

“ The fact, therefore, must be that the individuals, themselves, each, in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist. 

It is essential to our freedom as individuals and as communities that this sentiment is remembered and written in stone. The agreement by all the people together to form a government and that this government belongs entirely to the people, that political parties are the servants of the people’s government and are not its owners, is the core of our democracy and freedom from tyranny.

 

 

The Whoredom of Philip Ruddock

The Whoredom of Philip Ruddock

An Unfinished Canvas

“ They had, as it seemed, unending life, yet life became unendurable to them…

Between rim and robe naught was there to see, save only a deadly gleam of eyes…

And they became forever invisible and they entered into the realm of shadows.

The Nazgûl were they, the Ringwraiths, the Ulairi, the Enemy’s most terrible servants; darkness went with them, and they cried with the voices of death…

The Nazgûl came again like vultures that expect their fill of doomed men’s flesh. Out of sight and shot they flew, and yet were ever present, and their deadly voices rent the air. More unbearable they became, not less, at each new cry.

At length even the stout-hearted would fling themselves to the ground as the hidden menace passed over them, or they would stand, letting their weapons fall from nerveless hands while into their minds a blackness came, and they thought no more of war, but only of hiding and of crawling, and of death.

Is there a more obnoxious, more simply awful creature than this Nazgûl, Philip Ruddock, whose entire career has been to suck the life out of all around him? In a recent outing he supported the Rudd government’s changes to terrorism legislation like this:

“ … the man who drafted the existing suite of laws, former Attorney-General Philip Ruddock, indicated in-principle support for the Rudd government’s changes: “I always saw counter-terrorist laws as an unfinished canvas.”

It is one thing to be a cold and heartless bastard in whose presence blood congeals, water freezes, the sun dims and flowers wither and die; to be a wraith who sucks the breath out of the mouths of babies and who, when he speaks, makes the sound of sand being breathed into his lungs, or of your brain being sucked out of your skull through your ears.

It is another thing to be what many might consider a traitor, if a traitor is someone who is advocates selling or giving away his country’s sovereignty to another.

Everyone can recall, with a shudder, his tenure as the “cold, callous and outrageous” Minister for Immigration, and his equally inhumane, life-sucking time as Attorney General. You may not have heard of “Mr T”, a Vietnamese Australian suffering from mental illness, who was detained three times by Immigration and whom the Nagûl blamed for the horrors that Ruddock and the dark forces of his department visited upon him.

“ In order to excuse himself of any accountability, Mr Ruddock referred to ‘contributory negligence’ and said problems of identification lie when people did not properly identify themselves.

 

“Mr T was well known to the Department of Immigration having been asked to verify his identity on a number of occasions,” said Mr Burke.

 

“When Mr T was detained for the first time in 1999 despite ‘appearing confused’ and displaying signs of mental health problems, he managed to tell the Department of Immigration his full name – with the first two names transposed -, his correct date of birth, his correct address and his sister’s correct phone number. He was identified and released after five days in detention.

 

“Mr Ruddock was the Minister responsible when Mr T was wrongfully placed, yet again, in Villawood for 242 consecutive days in 2003. He was also the Minister responsible when on 22 January, five days into this period of detention, Mr T identified himself as an Australian citizen. Mr T also provided his correct date of birth.” ‘

Ruddock has acted consistently against the rights and interests of Australian citizens. It was Ruddock who was Attorney General when the Howard Government agreed to allow Indonesia to determine Australia’s policy on West Papuan refugees.

It was Ruddock who was one of the loudest cheerleaders for allowing the – at that time – corrupt United States Justice Department, and the Pentagon, and the State Department, and the White House, to determine Australia’s policy on the detention of David Hicks.

It was Ruddock who, as the highest legal officer in the nation, through his terrorism legislation willingly buried the essential concept – and one of Australia’s hardcore values – of innocence until guilt is tested and proven, not to mention habeas corpus, for reasons that can only be guessed but probably include vanity, ambition, pride, arrogance, self-righteousness, cringing Uriah Heepish sycophancy, and just basic total bastardry. Ever so ‘umble.

Stripping away these foundational values of our nation was in our view nothing short of treachery, stupidity, ignorance and a dried and shrivelled morality.

Now Ruddock has formed the grisly view that amounts to this: Australia should allow China to determine Australia’s foreign policy.

If we give away who we are and what we stand for, if we give away the very values that make us Australian, the values that make it worth being an Australian and make being Australian so exceptional, for fear that China might take its money and go home, then Australia is a whore, owned by anyone with enough money and pimped by a politician. A politician, of course, knows exactly what this is all about. The heart of a politician’s art is to say what people want to hear, especially what their masters want to hear. Doing whatever China wants would install China as our master and we would no longer be a free people.

We would no longer be a sovereign people and to agitate for such a condition is to be a traitor to the country and its people.

Well, as a whore, why don’t we go the whole way? China’s politburo seems to define anyone – especially downtrodden minorities – who disagrees with its brutal, inhumane, anti-democratic, racist, butchering regime, Orwell’s ‘boot stamping on a human face – forever’, as a “Terrorist”. So why don’t we do as the Nazgûl advises and just tell the Chinese that we agree with them, that we’re not really all that fussed about “democracy” (until they’re ready to let us have it). Why don’t we take their lists of “terrorist organisations” and make them our own, round up Chinese and Chinese-born Australian citizens (same thing to the Chinese) who fit China’s “Terrorist” profile, bulldoze their homes and businesses as the Chinese do and send them back to China for a bullet in the back of the head?

But Ruddock’s not a whore. Whores have feelings.

…and now he was come again, bringing ruin, turning hope to despair, and victory to death.

 

Keelty

Keelty

 

Gone at long last

 

How much time should one spend on this slug?
We don’t even feel like woo-hoo. Just “at last” and “good riddance” and “what took you so long”.

One of the things we really dislike about (not exclusively-) Australian culture is the way we rail against awful people and the moment they die or resign we politely say ever such nice things about them. It’s hypocritical and weak and cowardly. We think. We have no such qualms. Keelty in our view was a bad man, morally weak, a disastrous Commissioner who willingly ran over the basics of human rights and legal traditions like habeas corpus in order to pursue a flawed and misguided agenda.

He was a willing and irretrievably politicised Liberal Party stooge, and concerned more with appearance than with the truth.


His most egregious failures are well-known – the obscene treatment of young Australians in the Bali Nine affair, Haneef, the onanistic display of muscle at APEC, and the Ul-Haque farce.

Speaking of Ul-Haque we once asked,

“ Justice Adams said ASIO officers ‘committed the criminal offences of false imprisonment and kidnapping.’ When do they go to prison? Have they been arrested and charged yet? Where are they being detained? Are they being pursued and prosecuted by the AFP with the same vigour and determination that it showed against…oh, I don’t know…Mohamed Haneef, say?”

Good question still.

Elsewhere we said:

“ It’s time for Mick Keelty to resign. Or be sacked. Keelty has to go because of how he thinks about the law. He has to go because everything points to his being utterly politicised and his making decisions on political, not legal, grounds as directed by his [then] masters, the Howard ministry. Keelty made, cleverly he probably thought, a Faustian pact with the Devil of Realpolitik. Now he’s been caught out yet again and so we say, yet again:

Do the decent thing at long last, Mick.

And we said this:

“ Sack [him] for misfeasance. Malfeasance. Non-feasance. Abuse of power by a public official. Criminal stupidity. Any of those will do.
Federal Police yesterday released a statement saying the former Gold Coast doctor [Haneef] is no longer a person of interest to them, and they have found there are no grounds to proceed against him. [SBS News]

Well fuck me dead – I’m Foreskin Fred! Yes, after all this time. After all the waste. After all the harm. After all the stupidity and incompetence. After Scotland Yard laughed at the AFP; months after the Queensland Police Service and ASIO both said there were no grounds. After all the subversion of democracy, the courts and the rule of law.

Sack them.

Everything about the carriage of the Haneef affair by the AFP and the government suggests that it never was about public safety; that it always was a political stunt; that it was in fact a considered and calculated decision by the AFP to use the Haneef matter for political ends. As we know from another case, the AFP sought every possible opportunity to test the envelope of the terrorism laws. Keelty, in particular, clearly operates a political agenda, having capitulated under pressure from John Howard years ago. He learned his lesson well and in the Haneef case hung his hat on the re-election of the Howard government. This means that he has lost sight of his actual role, his constitutional – and certainly his moral – obligation to the people of Australia and the democracy they own.

Nothing has happened to cause us to resile from these opinions. Keelty appalls us because he respects neither democracy nor the rule of law, the law being not a tool for repression and control but a safeguard of a vibrant civil society.

Keelty cheerfully acquiesced in the subversion of such safeguards.

  

‘I’m Sir Roger and I’m Fucked’

‘I’m Sir Roger and I’m Fucked’

 

This is not for you

 

Really. We just want to acknowledge ourselves privately but publicly (it makes sense to us, anyway). It’s not meant to be onanistically self-congratulatory, except in the sense that we have achieved some things and we want to record them.
So this is a stocktake for posterity, if you like, that marks a moment, a milestone.

Yes, ValuesAustralia is two years old. This is our 712th post. Singlehanded, eh, Clubtroppo, Larvatus Prodeo, RoadtoSurfdom etc. etc.? That’s almost one a day. (There used to be a billboard for One A Day vitamin pills at the corner of Victoria Rd and Rowntree Street at Blackwattle Bay in Sydney. There was a picture of a man and a woman. The woman was saying, “I’m Jenny and I give John One A Day.” Soon a graffiti artist had added, “I’m John and I’m fucked!”)

And, yes, we’re just about fucked, ourselves. We’ve got a rotator cuff from all the typing and mouse clicking, especially during October and November last year.

(We went to the radiologist. “What seems to be the problem?” “I’ve got a sore shoulder.” “Hmm…we’ll do an ultrasound and an x-ray…… Hmm…. Hmmmmmm, our expert analysis of the ultrasound and x-ray indicates you have a sore shoulder. You’ll have to stop using it for a while.” “Thanks….What?)

We’ve never paid for any advertising. We’ve never submitted ValuesAustralia to any search engine. Nevertheless, we got ourselves listed on Google within 24 hours of launching the site. We tried to register the site with dmoz.org (The Open Source Directory) – as you do – but it wasn’t taking orders, and by the time it came back on line months later, ValuesAustralia was already magically listed!

We’ve been #1 for “Australian Values” on Google, Yahoo, Live and Ask most of the time for more than a year and a half. We’re #12 for “values” on Google worldwide, out of 314,000,000 results and on google.com.au we’re #2 for “values” out of 307,000,000. We’re #1 on google worldwide and Australia for “Australian political values” out of about 400,000 results.

Our Google Page Rank is 4 (used to be 5 but they changed the algorithm) which is respectable but we’d prefer a 5 or a 6.

We’ve had over 300,000 aggregate visitors and more than 75,000 spam messages (thank you, Akismet).

Earlier this year we were consistently getting more than 1000 visitors a day – over 30,000 a month, which is okay, although nothing like the big guys.

We’ve made friends all over the world and especially in Australia. We are in the top 1% of websites worldwide. We are popular in Saudi Arabia – amongst the top 42,000 favourite sites for Saudis. (That worries us just a bit…Say hullo to Al for us…) We appreciate our readers and those who choose to comment from time to time. We thought a scarcity of comments was a Bad Thing, a Failure, but we noticed that one of the most popular, most entertaining bloggers we know of, Whatever It Is, I’m Against It, doesn’t get heaps, either – a few, but not tens like Possum or hundreds and thousands like William the PollBludger.

In May 2007 ValuesAustralia was picked up by the “Stay In Touch” column at the Sydney Morning Herald, accusing us of “rhetoric”.

One of Sir Roger’s posts was selected by ClubTroppo and On Line Opinion in January 2008 as one of the top 40 posts in Australia for 2007. We’re very proud of that.

But it’s a post we made early in 2007 that we are still most proud of. Ken Parish at ClubTroppo called it

“quite possibly the best piece of passionate, angry polemic I’ve ever read, certainly on a blog. ‘Roger Migently’ is roused to extraordinary heights of eloquence… ”

Yes, Troppo has been good to us and we mourn the passing of Missing Link and Ken’s prolonged work-induced(?) absence. We were also congratulated by Richard Neville (HomePageDaily) and Steven Poole whose Unspeak blog is our benchmark for economy, clarity, style and wit.

We have enjoyed the journey so far and we have no intention at this stage of stopping, although we have slowed down (work, you know).

Bobbo the Clown

Our favourite person in the world, of course, is the clown, Bob Correll (above), Deputy Secretary of DIC, OPM, because he wrote us the letter which inspired our outburst. As we discovered he was (and appears still to be) the person who had taken over departmental responsibility for “Borders, Compliance, Detention and Technology”, or in other words, perhaps, for keeping innocent kiddies locked up in the desert, deporting Australian citizens, supporting the failed state of Nauru, making the lives of genuine refugees a misery, doing it to please the Minister, and all at the touch of a computer key. Previously he had been the driving force behind developing and implementing Job Network, or “how to design exquisite, personalised punishment for people who are already struggling with the stress of being unemployed”. Godluvvya, Bob! How’s the Volvo? How’s the kids? How do you sleep at night?

One of the most satisfying things is how we always beat the Immigration Department on Google.

Our second favourite person is Mick Keelty, just for being such a hopeless buffoon and continually making appalling stuff-ups for us to make fun of. G’bye, Mick.

Anyway, just for the record.

(And a special “hi!” to Lang!)

Sack Keelty

Sack Keelty

 

Sack the Bastard

 

…and DIC Senior Management, particularly the Deputy Secretary in charge of borders, compliance, and detention, the avowed expert in the use of the visa as a tool for enforcing (at the time) Liberal Party policy. Yes, it’s our old friend, Bob Correll who, outed himself on LinkedIn as a big supporter of the LNP; (not sort of ‘correct’ for a public servant?).

And sack Andrews and Ruddock from Parliament.
Sack them all for Misfeasance. Malfeasance. Non-feasance. Abuse of power by a public official. Criminal stupidity. Any of those will do.

Federal Police yesterday released a statement saying the former Gold Coast doctor [Haneef] is no longer a person of interest to them, and they have found there are no grounds to proceed against him. [SBS News]

Well fuck me dead – I’m Foreskin Fred!

Yes, after all this time. After all the waste. After all the harm. After all the stupidity and incompetence. After Scotland Yard laughed at the AFP; months after the Queensland Police Service and ASIO both said there were no grounds. After all the subversion of democracy, the courts and the rule of law.

Sack them.

Everything about the carriage of the Haneef affair by the AFP and the government suggests that it never was about public safety; that it always was a political stunt; that it was in fact a considered and calculated decision by the AFP to use the Haneef matter for political ends. As we know from another case, the AFP sought every possible opportunity to test the envelope of the terrorism laws.

Keelty, in particular, clearly operates a political agenda, having capitulated under pressure from John Howard years ago. He learned his lesson well and in the Haneef case hung his hat on the re-election of the Howard government. This means that he has lost sight of his actual role, his constitutional – and certainly his moral – obligation to the people of Australia and the democracy they own.

And so we say in the alleged words of Lawson, the Bastard’s curse:

“ May the itching piles torment you, may corns grow on your feet,
May crabs as big as spiders attack your balls a treat.
Then, when you’re down and out, and a hopeless bloody wreck,
May you slip back through your arsehole, and break your bloody neck.”

Not a Civil Society Just Yet

Not a Civil Society Just Yet

 

 

We have a new hero at Values Australia (no, not Manning Clark).
His name is Julian Burnside QC. Not that we didn’t respect him before and agree with him and all like that. But, well…see it’s like this:

We got an mp3 player, for the train or whatever, and to fill it up we scoured ABC Radio National for podcasts.

Science Show, All in the Mind, Philosopher’s Zone, By Design, Ockham’s Razor.

You know the stuff. And of course there’s Big Ideas.

So we downloaded a likely lump about a Manning Clark Lecture:

“Citizens’ rights and the rule of law in a civil society: not just yet”.

It was by Julian Burnside, on the 10th of March this year.

Thought it might be a bit dry but we were so wrong about that!.

We were astonished.

He covers everything we had been trying to say but with such authority and knowledge. So we recommend you have a listen, too.

In his lecture he covered the Sorry statement and the appalling case of an aboriginal man called Bruce Trevorrow.

In the end we were far more inclined to agree with Burnside that some sort of compensation for the stolen generations is appropriate, rather than just the more nebulous idea of an improvement of aborigines’ lot, generally, over time.

“ In the first sitting of the new parliament, the Government said ‘sorry’ to the stolen generations. It seemed almost too good to be true: the apology so many had waited so long to hear. And it was astonishing and uplifting to hear some of the noblest and most dignified sentiments ever uttered in that place on the hill.
[ … ]
The apology was significant not only for marking a significant step in the process of reconciling ourselves with our past: it cast a new light on the former government. It set a new tone. And I think it reminded us of something we had lost: a sense of decency.

 

Most of the worst aspects of the Howard years can be explained by the lack of decency which infected their approach to government:

 

they could not acknowledge the wrong that was done to the stolen generations;

 

they failed to help David Hicks when it was a moral imperative – they waited until his rescue became a political imperative;

they never quite understood the wickedness of imprisoning children who were fleeing persecution;

they abandoned ministerial responsibility;

they attacked the courts scandalously but unblushing;

they argued for the right to detain innocent people for life;

they introduced laws which prevent fair trials;

they bribed the impoverished Republic of Nauru to warehouse refugees for us.

It seemed that they did not understand just how badly they were behaving, or perhaps they just did not care.

He also spoke about the rule of law, incommunicado detention, control orders and preventative detention, the right of the State (and its secret agencies) to withhold evidence, civil rights, erosion of rights, a Bill of Rights and more.

His lecture went further than the ABC podcast includes. Nevertheless the podcast is excellent.

Here’s a transcript of part of his speech which is on the podcast:

“ In 2005 further anti-terror legislation was introduced. The Commonwealth Criminal Code was amended to provide that a member of the Federal Police may apply for a preventative detention order in relation to a person. A preventative detention order will result in a person being jailed for up to 14 days in circumstances where they have not been charged with, much less convicted of, any offence. The order is obtained in the absence of the person concerned, and authorises that the person be taken into custody. When the person is taken into custody, they must not be told the evidence on which the order was obtained.

Thus, a preventative detention order can be made not only without a trial of any sort, but in circumstances where the subject of the order will not be allowed to know the evidence which was used to secure the order, even after the event.

We believe that few Australians are aware of just how far John Howard and his morally-neutered hired guns like Ruddock, Andrews, Vanstone and Mick Keelty went, in the name of “security” to tear down their legal rights and liberties.

Australians generally, we think, are unclear how little of what they believe they have they really have left. Perhaps, as Burnside suggests, they don’t want to know, as long as they’re doing all right and it’s not affecting them. But of course it does affect them and it will.

Habeas corpus is dead and stinking not only in the US but now here in Australia as well. Dwight D. Eisenhower must be rolling in his grave over what John Yoo and Alberto Gonzalez, with Dick Cheney and George Bush and the supine American Senate, did to habeas corpus in the US:

Here are Ike’s Remarks Upon Receiving the America’s Democratic Legacy Award at B’nai B’rith:

“ Why are we proud?

We are proud, first of all, because from the beginning of this Nation, a man can walk upright, no matter who he is, or who she is. He can walk upright and meet his friend – or his enemy; and he does not fear that because that enemy may be in a position of great power that he can be suddenly thrown in jail to rot there without charges and with no recourse to justice. We have the habeas corpus Act, and we respect it.”

With this lecture Julian Burnside — for standing up and saying what is so — has for us moved from “respected” to “hero”.

Here is the recording  of Burnside’s Manning Clark Lecture from ABC’s Big Ideas: