By Christopher Wingate
I asked Tim Wilson pre his position as Human Rights Commissioner if he supported Fiduciary Legislation – law to control the duty of care of politicians and judges. He said he didn’t. I was surprised, given his position. Then when he became Human Rights Commissioner I pointed out if they had Fiduciary Law there wouldn’t be children in detention – nor would there be delays to address injustice. Again he showed zero interest.
To Tim Wilson:
“The key point is this – Political and judicial immunity is a breach of fiduciary duty because they misuse power to gain benefit for them alone and not for the public to whom they owe the duty of care.
If I am correct you would never have another human rights case ever again you couldn’t resolve quickly. Because the duty of care aspect would compel the offending minister to rectify the wrong asap – or he would be in breach of his fiduciary obligations.”
Here is the problem and answer to government failure. And it’s much the same in the Middle East as it is in the West. Our politicians fail us and when they do we can’t hold them accountable for their decisions, many of which are negligent and cause harm. The people didn’t give permission for that type of leadership on their behalf.
Doctors are accountable. Teachers and advisors are accountable. Pilots and engineers are accountable to a duty of care. But the most powerful, the judges and the politicians are not accountable. That is the heart of all our problems.
The supply of weapons to all involved in Middle East conflicts, the pursuit of oil and mineral assets, human rights harm, lack of justice, all stem from the immunity our leaders have. That immunity comes from the ancient idea that the king can do no wrong with his decision. An arrogant suggestion which implies they are perfect and make no mistakes.
For us to solve our problems we must make those we trust to manage government fully accountable to a jury when our most powerful leaders breach their fiduciary duty. I assume to prevent ridiculous claims a claimant would require maybe 30 other fiduciaries to agree that the judge or politician has breached their duty of care.
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