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Tag Archives: Australia

What does ChAFTA really mean for Aussie jobs?

The Chinese-Australia fair trade agreement (ChAFTA) began negotiations in May 2005 with the agreement formally signed on the 17th July 2015, by Australian Minister for Trade and Investment, Andrew Robb and the Chinese Commerce Minister, Gao Hucheng. The ceremony was witnessed by Australian Prime Minister, Tony Abbott who described the signing as a “momentous day” for the Australian-China relationship. “It will change our countries for the better, it will change our region for the better, it will change our world for the better,” Mr Abbott said. He paid tribute to Chinese President, Xi Jinping whom he described as a “shrewd” negotiator and “friend of Australia”. He further toasted the deal saying “I trust that today our Chinese friends will enjoy the fine beef and the good wine that will soon be more readily enjoyed by their countrymen.”

Last year was a busy year for the Abbott government, which also signed off on the Korea-Australia free trade agreement (KAFTA) and the Japan-Australia Economic Partnership Agreement (JAEPA). According to a Department of Foreign Affairs and Trade (DFAT) report titled, Economic benefits of Australia’s North Asia free trade agreements, it will create lots of new jobs. It has estimated that between 2016 and 2035 the FTAs will lead to 178,000 jobs, at an average of 9,000 per year. Mr Robb also enthused the three FTAs job creation, saying that “Given what’s going on in the region, the extraordinary explosion of people going into the middle class, this is a landmark set of agreements, and it will see literally billions of dollars, thousands, hundreds of thousands of jobs, and will underpin a lot of our prosperity in the years ahead.”

The report also forecast an additional GDP increase between 2016 and 2035 of $24.4 billion and a boost in real consumption of $46.3 billion, equating to an increase in household consumption of nearly $4,500. This has been questioned by the Australian Fair Trade and Investment Network (AFTINET). It said the study authors were “consultants which produced wildly optimistic estimates of benefits for the Australia-US FTA (AUSFTA) which did not eventuate.” Ten years on it’s still unclear as to what benefits the American-Australian FTA has had for Australia or even America.

The Australian Council of Trade Unions (ACTU) is worried about how the deal will affect local jobs and unemployment levels. There is the ChAFTA and there is a memorandum of understanding (MOU) document, about an Investment and Facilitation Agreement (IFA), that was signed before the formal signing. An IFA is a project to be established between the Department of Immigration and Border Protection (DIBP), or its equivalent, and a project company. A project company is eligible to establish an IFA where:

  1. (a) A single Chinese enterprise owns 50% or more of the project company; or, where no single enterprise owns 50% or more of the project company, a Chinese enterprise holds a substantial interest in the project company;
  2. (b) There is a proposed infrastructure development project (“the project”) by the project company with an expected capital expenditure of $A150 million over the term of the project;
  3. (c) The project is related to infrastructure development within the food and agribusiness; resources and energy; transport; telecommunications; power supply and generation; environment; or tourism sectors;
  4. (d) The project company is registered as a business in Australia;
  5. (e) The project company agrees to comply with all Australian laws and regulations, including applicable Australian workplace law, work safety law and relevant Australian licensing, regulation and certification standards; and
  6. (f) The China International Contractors Association (CHINCA) and the Department of Foreign Affairs and Trade of Australia (DFAT) have recommended the project and the project company meet the criteria in paragraphs 2(a) through 2(e).

Section four, covers the areas of negotiation for DIPB and the project company, which includes –

  1. (a) The occupations covered by the IFA project agreement;
  2. (b) English language proficiency requirements;
  3. (c) Qualifications and experience requirements; and
  4. (d) Calculation of the terms and conditions of the Temporary Skilled Migration Income Threshold (TSMIT).
  5. The project company may be asked to provide additional information by DIBP in respect of its requests for concessions in the above areas. Other than the areas referred to in paragraphs 4(a) through 4(d), the grant of visas will be subject to meeting all other Australian nomination and visa requirements.

Interestingly the ChAFTA Myths versus realities released by DFAT only mentioned option 2. (b), most likely because it fits in with the infrastructure narrative. The “concessions” also aren’t mentioned but imply that the project company can negotiate a private contract with DIPB, to import Chinese workers on projects in lower skilled occupations. Though workers under the 457 visa scheme are required to be paid above TSMIT and possess a certain amount of English ability, this also looks like it can be negotiated under the IFA.

In paragraph six it states – There will be no requirement for labour market testing to enter into an IFA. The IFA is valid for four years from the date of execution and with the possibility of an extension. In the actual ChAFTA itself, in Article 10.4: Grant of Temporary Entry, it states – In respect of the specific commitments on temporary entry in this Chapter, unless otherwise specified in Annex 10-A, neither Party shall

  1. (a) Impose or maintain any limitations on the total number of visas to be granted to natural persons of the other Party; or
  2. (b) require labour market testing, economic needs testing or other procedures of similar effect as a condition for temporary entry.

Here is the ChAFTA side letter between Mr Robb and Mr Gao after the formal signing of ChAFTA, that provides more detail and states –

Australia will remove the requirement for mandatory skills assessment for the following ten occupations on the date of entry into force of the Agreement. And that the aim is to further reduce occupations or eliminate the requirement within five years.

Automotive Electrician [321111]

Cabinetmaker [394111]

Carpenter [331212]

Carpenter and Joiner [331211]

Diesel Motor Mechanic [321212]

Electrician (General) [341111]

Electrician (Special Class) [341112]

Joiner [331213]

Motor Mechanic (General) [321211]

Motorcycle Mechanic [321213]

Alan Hicks of the Electrical Trade Union (ETU) said that the Government’s decision to remove the mandatory skills assessment for Chinese workers in ten occupations was a disgrace. “For the Federal Government to come out and waive that under a free trade agreement, without any consultation with unions or employers, is an absolute disgrace,” he said. “It’s going to create significant workplace dangers, not only just for electricians, but all those people who use electricity.” Mr Hicks said China’s statistics of workplace deaths was of “genuine concern” to Australians. “Australia leads the way in electrical safety. We’ve got some of the best electrical workers in the world. A lot of countries aspire to have the same level of safety standards that we do,” he said. “We’ve got a licence system right across the country – no matter which state or territory you work in, you’ve got to be licensed to carry out the work – and those sorts of systems aren’t in place in other countries like China. Mr Hick’s also said that “And China has a woeful workplace health and safety record. They have over 70,000 workplace deaths a year, so we are genuinely concerned.”

There is also a ChAFTA DFAT factsheet that says – In order to better facilitate the temporary entry of workers associated with trade and investment, Australia and China will also increase cooperation in the areas of skills recognition and licensing, including through encouraging the streamlining of relevant licensing procedures and improving access to skills assessments.

Besides the Abbott government’s ideologies being against the work of the unions, it’s unclear as to why industries relating to the ten different occupations including employers, weren’t consulted. In the ChAFTA Myths versus realities document, it tackles untrained Chinese electrician worries, but it doesn’t mention doing away with the mandatory skills assessments or mention the total amount of visas on offer. The ChAFTA agreement also enables an Executive arm of government power that goes against the parliament’s 457 visa bill in 2013, where employers, are expected to conduct labour market testing.

The Chinese government’s response to ChAFTA through correspondence with Mr Robb is clear – I have the further honour to confirm that my Government shares this understanding and that your letter and this letter in reply shall constitute an integral part of the Agreement. What any of this means in the long term, in regards to state and federal industrial laws remains to be seen. But it does look like an overreach by the Abbott government in regards to executive power, with the Minister for Immigration and Border Protection, Peter Dutton, deciding matters without employer input, let alone employees, the opposition or workers. It also has the faint scent of Work Choices, an unpopular set of federal industrial laws brought about by former Prime Minister, John Howard in 2006. Taking the power away from workers, over employers in your own country is one thing but taking on China’s is another. The IFA seems to enable these features, and how this will impact on local employment in Australia, also remains to be seen.

Either which way, training needs to be involved, and concessions made solely by Mr Dutton, is not enough to allay justifiable fears from the Unions and Australian’s looking for jobs in the areas of – Food and Agribusiness; Resources and Energy; Transport; Telecommunications; Power supply and generation; Environment and the Tourism sectors. The other question is, if it’s just a matter of training Chinese workers in Australian regulations etc; who is providing this training and how long does it take? And lastly, is there options for Australian’s who have the skills but don’t speak Mandarin and so on?

This article was originally published on Mel’s blog Political Omniscience.

 

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Australia on a different course to the rest of the world when it comes to tackling climate change

By Dr Anthony Horton

An Australian delegation was questioned for an hour at the latest United Nations climate meeting at Bonn in Germany overnight Australian time. The Bonn meeting is essentially an assessment of nations’ climate change commitments in the lead up to Paris in December.

A number of countries including China and Brazil questioned Australia’s move to scrap the carbon tax introduced under the previous Labor Government, and whether the current Government’s $2.55 billion Direct Action Policy and its flagship Emissions Reduction Fund (ERF) will be sufficient to meet its 5% reduction by 2020.

In addition to Australia’s pledge is to reduce emissions by 5% below 2000 levels by 2020 and they have also committed to limit the average yearly emissions to 99.5% of 1990 levels under the Kyoto Protocol’s second commitment period (2013-2020).

The carbon reduction pledges made by 31 economies will mean that by 2030, they will only achieve approximately 30% of what is required. According to a Climate Action Tracker (CAT) initiative report which was issued on the sidelines of the Bonn meeting, much more work is needed in order to strengthen the commitments.

The CAT initiative assessment of Australia’s commitment revealed that Australia’s 2020 targets are inadequate, and that Australia is unlikely to meet its target. It noted that the current Abbott Government had repealed many of the instruments of the National Climate Policy and legislation which was introduced by the previous Labor Government’s Clean Energy Future package, including the Carbon Pricing Initiative.

The assessment pointed to the substantial turnaround in Australian climate policy which implies a shift away from a targeted climate policy which is designed to meet set goals that are aligned to international climate policy targets and to meet the emissions reductions that climate scientists are calling for. Further, the CAT assessment highlighted Australia’s cumulative abatement challenge as 507 Million tonnes of Carbon Dioxide equivalents until 2020 (equivalent to one year of Australia’s emissions in the early 1990s). When the potential abatement from the ERF until 2020 was taken into account, the assessment found that there was a shortfall of 440 Million tonnes of Carbon Dioxide equivalents.

The 195 nations that comprise the UN Framework Convention on Climate Change (UNFCCC) are charged with sealing a deal to ensure that global warming is limited to 2°C. To date, finger pointing between rich and poor nations over the burden for reducing carbon emissions has been the dominant action.

I can’t help but wonder what other governments would think and say about Australia’s commitments if they didn’t have to play the diplomatic game. I also can’t help wondering when the collective patience of these governments is going to completely run out. I don’t think it will be very long if Australia continues down this path for much longer – and after all, December is only six months away. In recent blogs I’ve highlighted potential actions that are being considered by some governments towards nations who are deemed not to be acting in the best interests of the rest of the world, and for them to be considering this shows how serious they are in wanting to act on behalf of their constituents and that they won’t tolerate inaction any longer. The number of large corporations that are also wanting a seat around the table when it comes to climate change discussions and policy/decision making would suggest that these corporations also know that inaction can (or should) no longer be tolerated.

Anthony Horton blogs on his own site: The Climate Change Guy

 

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The Biggest Consequence of Marriage Equality

As a self confessed social media junkie and one who believes qualitative analysis is damn sexy; reading the marriage equality debate online across many forums has been like the moment Augustus Gloop saw Willy Wonka’s river of chocolate. Here is Augustus standing at the edge of this stream of endless deliciousness and excitement – the best thing he has seen in his life; and he is hungry for it. He wants to touch it, taste it and be part of it. However, coming up from behind him is this eccentric and very strange man, (who mumbles many, many things that simply do not make sense and answers questions with more questions and never, ever gives a proper answer) screaming at him not to touch the river; not to contaminate his beautiful river or he will ruin it forever.

This is the parallel to the online marriage equality debate. There are couples who are standing at the edge of the real prospect of marriage equality and yet there are those who are caps locking us to death, screaming at us with warnings of the contamination of society and ruining society and marriage forever.

The other parallel to this scene from this 1971 classic is that Augustus enjoyed for a brief moment in time, just a tiny taste of the river before he suddenly went down the tube and the pressure forced him up the pipe into oblivion (well, possibly the fudge room) to be never seen again. Between December 7 – 12, 2013, couples could experience just a taste of marriage equality and couples were married under the new ACT law. However, this suddenly went down the tube and forced up the pipe by the Christian lobby groups and the Abbott Government to the high court just a few days later, where it was blasted into oblivion and never seen again.

The other curious parallel to this scene is this eccentric suit wearing man calls to his little followers, the Oopma Loompas to lead Augustus’ mother up high to where Augustus possibly awaits certain death. Wonka then calls after them “Goodbye! Across the desert lies the promised land.” We can metaphorically link this to the “vast barren desert of no hope” Tony Abbott expects couples to cross before they will reach the promised land of marriage equality.

Interestingly, the Oompa Loompas remain silent and obey Wonka with a nodding of heads and then break into a song about actions and consequences. How peculiar is the similarity to Abbott’s comment on the 12 December, 2013, when the high court overturned the ACT marriage equality laws. Abbott’s comments were about risk in the action of taking the opportunity to marry and having to accept the consequences of this action.

Is this where the comparison ends? The moral of the entire story of Willy Wonka and the Chocolate Factory, is if you are honest, good, gracious and kind to others and put others before yourself; your reward will be to inherit a wonderful world to make your own and share with others. Is it possible that Abbott will put his prejudice aside and allow a bill to pass which grants a pathway to a better world? Only time will tell.

The Biggest Consequence of Marriage Equality

The biggest consequence of marriage equality is that we will be able to understand our social fabric as a tightly knitted woven thread. The consequence of not having marriage equality is that our social fabric will remain as one loosely sewn by those of privilege. This is where my primary concern for this debate lies – that we don’t know what this other inclusive world looks like or sounds like. My concern is there is something missing from the narrative in this country and that is ‘the world of married same-sex couples.’ By denying equality, by blatantly discriminating based on gender, we are not allowing our society to develop as a whole in collegiality. We are forcing pockets of silence and darkness upon an entire population of people in this country. We are shutting doors and issuing confined space tickets to same sex couples. We are not granting the space and privilege in society others enjoy.

We are not allowing this space in society to understand marriage for all people. Marriage equality is also such an issue as the social and legal constructs of Australia, predominantly focus on hetero-sexual white (European) thought and many in society tend to view LGBTQIA as ‘outsiders’. Society for the most part stigmatises LGBTQIA people and this is evidenced through existing derogatory language targeting this group, which is often viewed as acceptable ”Aussie slang.’ Extreme difficulties and targeting of people coming out are told in personal recounts, particularly in rural and regional communities 1. Our legal system also supports such a society. This is evidenced by laws such as the homosexual provocation law still in existence in Australia today and the ongoing and uphill battle to ensure marriage equality for everyone. It is also prefaced by the inability to understand fully the issues facing LGBTQIA relationships through lack of data available on this group. For example, one of my previous blog posts about single parents and welfare discusses the absence of data on single parents resulting from a same-sex marriage / unit breakdown.

Stigma is woven as part of our social fabric

As a member of a regional community, the research I have completed for this article, includes the harsh reality for LGBTQIA people living in regional, rural and remote communities. Depression, suicide, stigma and abuse are common themes, as is leaving their home town, family and friends to move to a larger, more understanding environment. I contemplated what that would be like. I reflected on what it would feel like to be treated as ‘an other’ and feel not fully accepted in my community and alter my life, due to an inherent trait I cannot control. I reflected on what it would be like to feel forced to move away from my loved ones and family, so I could have a ‘stab’ at ‘normal.’

With stigma, society separates the ‘normals’ from the ‘other.’ In this instance it is gender and/or sexuality, which pockets of society choose as the inherent trait to separate as ‘the other’. However, imagine for a second, this inherent trait was blue eyes, or shoe size over size 7, or freckled skin. Imagine being stigmatised, cast aside and unable to access the same rights of others because of your eye colour, shoe size or freckles. These traits are beyond our control and if the examples I have chosen seem preposterous; the active choice to stigmatize any individual or group in society for an inherent trait is exactly that.

Some of the arguments within the marriage equality debate online use Christianity as an excuse to discriminate. Online they patronisingly deliver these judgements against others ‘with love.’ Where is it ever taught in the bible to fight with all your might to make people less equal than you? To make someone believe they are less worthy than you because you were born as a heterosexual? To cause people the pain and grief of stigma and ostracisation? Where does it say in the Bible to do that? If it does say any of these things, it is a seriously sick book that should be banned. Let people be happy and enjoy their lives. We only get one life. That is it. From this day forward no one should every feel alone, isolated, depressed or suicidal because they are attracted to someone of the same sex, or they feel they are two genders, or they aren’t sexually attracted to either sex, or they feel like they were born in the wrong body and want to change that. From this day, right now it needs to stop. Every day you judge, every day you stigmatise, cast aside another as lesser, you take away the joy, love and acceptance that they could be experiencing instead. If this is you. If you do this. Look in the mirror and say “What sort of person am I to do this to another?”

What sort of country are we choose to have a social fabric that is full of holes, instead of whole?

design ssm 2

I have hope that this new inclusive and holistic society is well on track to emerge. However, I do not believe it will be in the term of this Government or if this Government is returned to office.

On April, 26, 2015 Tanya Plibersek Deputy Leader of the Opposition of the Australian Labor Party announced that she would be pushing the Labor Party for a binding vote on Marriage Equality and ending the choice of a conscience vote for the party. Plibersek’s argument is that Marriage Equality is a case for discrimination and the Labor Party is the Party opposed to discrimination. On Monday 1st June, 2015, Bill Shorten, Opposition Leader introduced a bill to parliament which proposes to alter the Marriage Act to define marriage as between two people. Tanya Plibersek seconded the Bill. The reason I do not believe that marriage equality will exist under the Abbott Government; is that his Government responded to this bill with contempt, through their silent boycott and absence from the chamber. Every member of the Coalition Government purposely being absent during the reading of this bill, indicates a lack of support for marriage equality and their overwhelming attitude that marriage equality and the rights of LGBTQAI people are irrelevant and are not worthy of their time in Parliament.

Tanya Plibersek believes that the vote should be binding within the Labor Party. As a member of the Labor Party; I fully support this. I support this for the reason that it is discrimination. I listened to Anthony Albanese (Albo) on ABC Qanda on 1 June and he indicated in his response we need to tolerate and respect the views of others to bring them along with us. I question whether this is a necessary patience, or a subconscious accommodation for the class of people who understand discrimination well enough in other contexts; but not when it involves stamping out discrimination for something they fear. The same class of people who use religion and/or prejudice as a shield to ward off progress. As a progressive, I do not feel I need to respect groups or individuals who actively fight against progress and who uphold discrimination.

To me, asking me to respect people’s opinions against marriage equality, is like asking me to respect people who are for racism, ableism and sexism. I don’t respect that. It is not a question of conscience. It is a question of enabling discrimination.

I look forward to a world, where I am not asked or expected to respect people who actively uphold discrimination and who stifle progress.

What are the arguments for marriage equality and discrimination?

Finally, I would like to end this article with research I have completed for an earlier 20103 blog post. I want to re-post it here as I believe it supports Tanya Plibersek’s stance that the Marriage Act in its current form, is discrimination. NB: This research was originally conducted with a specific focus on women and marriage equality. It is not my intent for the purpose of this section to exclude others.

Discrimination against women, through lack of legislation supporting marriage equality.

Although both men and women are discriminated against through lack of legislation supporting marriage equality; my focus at this point is to discuss points of discrimination, particular to women. I will address two areas, discrimination through legislation and discrimination by default through exclusion in society. The Subsection 5(1) of the Marriage Act 1961 defines marriage as ‘…the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.’ The definition of the marriage act, merely states that this is a union voluntarily entered into for life. There are no specific parameters which specify what a union means. This is defined in Mary Case’s journal article, “What feminists have to lose in same-sex marriage litigation’2

A marriage certificate now allows heterosexual couples to have an open marriage, to live in different cities or in different apartments in the same city, to structure their finances as they please, without having their commitment or the legal benefits that follow from it challenged (p. 1203).

As there are very little restrictions relating to the private behaviours of the marital union, this act is discriminatory purely on the grounds of sex. This is only for persons who identify with having physical, hormonal or genetic features that are distinctly characterised as male or distinctly characterised as female. Therefore, marriage as defined as a union between a man and a woman, itself is discriminatory based on sex alone.

Women are discriminated within this act as it focuses on ‘sex’ and not ‘gender. This act excludes all persons who identify with a gender, that isn’t normative to their physically or biologically recognised ‘sex’. This act discriminates against all persons who identify as inter-sex. This Act excludes all persons on the grounds of sexual orientation.

Under the federal Sex Discrimination Act 1984 it is illegal in Australia to discriminate against a person either directly or indirectly on the grounds sexual orientation, gender identity and intersex status. 3

Women are also discriminated against, through legislation informing a society, which excludes understanding and valuing the experiences of unions that are not specifically between a heterosexual man and woman.

Various academic journals discuss that marriage is ingrained in the patriarchal notion that women are subordinate in society. Although this notion is not as entrenched within our whole society today; a quick search of Google for ‘subordinate wife’ will return over six million hits, with a high volume supporting the subordination of women/wives, particularly in a religious context. Through legislating marriage as it currently exists, many women are discriminated against and are exempt from marriage, simply because they choose not to have a union with a man and some because they view marriage as placing women in a subordinate role to men.

Mary Case also highlights in her article, that before becoming pope, Joseph Cardinal Ratzinger advocated for a normative view on gender in relation to subordination of women. This is an excerpt of his 2004 Letter to the Bishops of the Catholic Church on the Collaboration of Men and Women in the Church and in the World.

“This theory of the human person, intended to promote prospects for equality of women through liberation from biological determinism, has in reality inspired ideologies which, for example, call into question the family, in its natural two-parent structure of mother and father, and make homosexuality and heterosexuality virtually equivalent, in a new model of polymorphous sexuality… While the immediate roots of this second tendency are found in the context of reflection on women’s roles, its deeper motivation must be sought in the human attempt to be freed from one’s biological conditioning. According to this perspective, human nature in itself does not possess characteristics in an absolute manner: all persons can and ought to constitute themselves as they like, since they are free from every predetermination linked to their essential constitution.”

For Australia to move forward, we need to eradicate the stigma by enabling marriage equality for all. It stands to reason that the existence of ‘unions’ and the ‘recognition of same-sex partnerships has not eradicated the stigma which forms the basis for the opposition to marriage equality. The only way forward is to use legislation as a tool to reform society, which will in turn see marriage equality as a lawful and accepted norm in our society. There needs to be a Golden Ticket to allow us access into this new world and this Golden ticket is the Bill presented by Bill Shorten and seconded by Tanya Plibersek to amend the definition of marriage in Australia and the new world is the world which includes marriage equality for all.

Stigma is a process by which the reaction of others spoils normal identity.”
―Erving Goffman

Originally Published on Polyfeministix

  1. Gottschalk, LH 2007, ‘Coping with stigma: Coming out and living as lesbians and gay men in regional and rural areas in the context of problems of rural confidentiality and social exclusion’, Rural Social Work & Community Practice, vol. 12, no. 2, pp. 31-46.

2. Case M, 2010, ‘What feminists have to lose in same-sex marriage litigation’, UCLA Law Review, vol. 57, no. 5, pp. 1199-1234

  1. Sex Discrimination Act 1984

 

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Immigration Detention: try living with the life changing effects

So many experts have warned the government about the effects of detention on asylum seekers. The experts have been publicly denouncing detention for years, yet we detain more and more people. Most sadly, we detain children, a situation the Human Rights Commission has reported on, in graphic and disturbing detail, this week in The Forgotten Children.

Here we are in 2015, incarcerating innocent children in conditions worse than those in which we jail convicted criminals. Julie Bishop cries tears of pain over the looming deaths of two convicted drug smugglers, yet Tony Abbott’s response when asked if he felt any guilt over the treatment of children in detention was “None whatsoever”. While I do not agree with the death penalty and I feel for the drug smugglers and their families at this tragic time, the contradiction evident in the two responses is nothing short of astonishing.

I left my country because there was a war and I wanted freedom. I left my country. I came to have a better future, not to sit in a prison. If I remain in this prison, I will not have a good future. I came to become a good man in the future to help poor people … I am tired of life. I cannot wait much longer. What will happen to us? What are we guilty of? What have we done to be imprisoned?87 I’m just a kid, I haven’t done anything wrong. They are putting me in a jail. We can’t talk with Australian people.

(13-year-old child, Blaydin Detention Centre, Darwin, 12 April 2014)

Source: The Forgotten Children

Abbott launched a scathing attack on Gillian Triggs, Human Rights Commission President and it was reported today the government has sought her removal prior to the release of the report.

The Abbott government sought the resignation of the president of the Australian Human Rights Commission Gillian Triggs two weeks before it launched an extraordinary attack on the commission over its report on children in immigration detention.

While The Forgotten Children report is about children, it is also about detention. The effects of detention don’t disappear the moment a detainee is released. The experts have warned of this for years and I know from personal experience this is true. There may be some particularly resilient individuals that are released unscathed, but I suggest the vast majority do not find recovery instant or easy. Sometimes the effects are not immediately apparent. Post Traumatic Stress Disorder (PTSD) often doesn’t appear until sometime later. A member of my family suffers PTSD as the result of a life experience totally unrelated to detention. The PTSD did not reach full expression until ten years after the event, although it could be argued with appropriate professional intervention her PTSD may have been detected earlier. There is considerable debate about delayed-onset PTSD and research continues: a good reference article is A Quarter of Cases of Posttraumatic Stress Disorder Is With Delayed Onset. The article discusses patients suffering “subthreshold” symptoms after the event but before full expression of the PTSD condition.

Of course PTSD is only one of the many mental health issues that can result from detention. Anxiety and depression are also common.

Not only are we risking the welfare of vulnerable children while in detention, we are risking their future welfare as well because there is a very high risk we are damaging the mental health of their parents (those children who are not unaccompanied minors). This means the parents will be less able to engage with their children as parents at a time when the child most needs their parents to support their recovery.

In 2012 Dr Belinda Liddell, as a Postdoctoral Research Fellow in the School of Psychology at UNSW, wrote of the impact of immigration policies on the mental health of asylum seekers. Since then our treatment of asylum seekers has worsened, not improved.

In Nauru, where more than 380 asylum seekers are currently being detained, there have been reports of hunger strikes, self-harm, aggression and suicide attempts.

Unfortunately this isn’t new – these signs of psychological distress have been repeatedly witnessed in Australia’s immigration detention centres since the early 1990s.

For several decades now, mental health professionals have documented the psychological health of asylum seekers within mandatory detention facilities. Findings from multiple studies provide clear evidence of deteriorating mental health as a result of indefinite detention, with profound long-term consequences even after community resettlement.

I note “profound long-term consequences“. So should our government. This report isn’t just about children. It is about whole families. This report isn’t just about the conditions in detention. It is about the future of the children, the future of the families. The long-term effects will be different for each person. Many may end up unable to be gainfully employed or to study to build a life after detention. Society will, as society often does in many situations such as rape and domestic violence, blame the victim rather than accept responsibility for allowing the detention in the first place.

Abbott and his ministry should be considering the lives of these people, not some “Stop the boats” slogan that is well past its use-by date. The government need to deliver the “good government” promised on Monday and act responsibly. Persecuting innocent people is not responsible. More importantly, it is not humane and is in contravention of Australia’s responsibilities under international law. It has life-long effects on the imprisoned, long after release.

Robyn Oyeniyi lives with the effects from detention on a daily basis. Robyn writes on Love versus Goliath.

Image by Jen Bethune.

 

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I won’t be carrying a gun, and I don’t want you to either

“What happened in that cafe would be most unlikely to have occurred in Florida, Texas, or Vermont, or Alaska in America, or perhaps even Switzerland as well,” Senator Leyonhjelm told ABC Radio — adding at least “one or two” there would have had a concealed gun.

If that’s the likely case, then I’m to assume that dozens of people would have been carrying arms at Port Arthur on April 28, 1996. Somebody could have taken out Martin Bryant.

And guns might have been blazing at Julian Knight in Hoddle Street, Melbourne, August 9, 1987.

But despite our gun laws at the time, Australians simply weren’t in the habit of entering restaurants, using public transport, visiting the zoo or going to the cricket armed to the teeth.

Senator Leyonhjelm would like to see us get into the habit. He wants us to carry a weapon so we can, in a nutshell, kill people should the need arise. Just how many nutcases does he want to see armed?

It’s ludicrous for him to postulate that the outcome that evolved in Martin Place would have been ‘unlikely’ in America because armed citizens could have easily dealt with the perpetrator. He needs to do a bit of research on the mass shootings in America and note how many of the murderers were taken out by an armed citizen. I think he’ll find that all – or if not all, then close to it – were left to the police to deal with.

What happened in Martin Place was tragic. Very tragic. And despite the deaths of two innocent people I’d rather live in a country where such situations were always left to the police.

I won’t be carrying a gun anywhere, and I hope don’t want you too either.

 

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With Gough’s passing, it’s time to think about where we are headed.

Today’s passing of Gough Whitlam has left me today with a heavy heart, along with so many other people in this country. To simply reflect on how one man has progressed this country like no other, is overwhelming. I believe as a collective, we don’t really stop and appreciate what we have. We do take our wonderful country, our people and our existing social support systems for granted. So many things we would not have without Gough Whitlam. Thank you, to a great man.

Like many others, I spend my days and nights thinking about the Abbott Government and worrying about their next plan or policy that could harm us now and for generations to come. I worry about the deals in the Senate and what destructive policy may slip through for approval. I worry about the vulnerable, the disadvantaged. I worry about families, teenagers, the elderly and young children. I worry about our nation’s first people. I worry about our environment, entire communities, particularly in rural and regional areas.

I have realised, that I am part of a collective, that in reality is taking part in a war; but we use our voices, not guns.

I know this, as I know there are many like me, who stay informed and are active and do everything we can to prevent Abbott’s destructive policies and plans for our communities and country. (and to these people I say thank you.)

Last night, I was researching the IPA’s influence on our Prime Minister. For those of you who are not aware of the IPA., they class themselves as the “independent, non-profit public policy think tank, dedicated to preserving and strengthening the foundations of economic and political freedom.” In a nutshell, they are a union. Not the type of union that fights for rights and equality, but one that aims to demolish rights and equality through their right-wing ideological view of what Australia should look like.

On the 4 April, 2013, Tony Abbott promised the IPA that he would adopt their ideas. Some of the IPA’s ideas adopted or flagged as intended by our Prime Minister so far are:

  1. Repeal the Carbon Tax
  2. Abolish the Clean Energy Fund
  3. Repeal Section 18c of the Racial Discrimination Act
  4. Introduce fee competition to Australian Universities
  5. Cease subsidising the Australian Car Industry
  6. Introduce a special economic zone in the north of Australia including:
    a) Lower personal income tax for residents
    b) Significantly expanded 457 Visa programs for workers
    c) Encourage the construction of dams
  7. Repeal the Mining Tax
  8. Privatise Medibank
  9. Privatise Australia Post
  10. Cease Funding the Australia Network

For those of you who may have thought that the Abbott Government thinks up their own ideas, sorry to break it to you, but…no…as you can see above, an un-elected party – IPA runs Australia.

The above list is from a more extensive list titled “Be Like Gough – 75 Radical Ideas to transform Australia.” The title is not admiration of the left, but the right’s intrigue of how Gough Whitlam radically transformed this country, with such a lasting legacy in such a small space of time.

With Gough’s passing, it is time to take a look at ourselves as a country and how we want to progress and what are we prepared to lose.

What struck me as I was completing this research was a quote from the IPA’s John Roskam, James Paterson and Chris Berg’s article:

Only radical change that shifts the entire political spectrum

AND

And the public’s bias towards the status quo has a habit of making even the most radical policy (like Medicare, or restrictions on freedom of speech) seem normal over time.

How will we be shaped by the Prime Minister’s enthusiasm to adopt and enforce policy under the direction of the IPA? So many people at the moment are up in arms about freedom in the current climate of war and ISAS; but so many of us calmly sit at home and not realise what terror is upon is on the domestic front.

The reason why it is so important to stop and really take in what is happening here is, what does this IPA list really mean and what should we take from Abbott’s eagerness to adopt this list?

Essentially, the IPA has requested Abbott push the country as far right as possible, so it then becomes adopted by the public as the status quo and becomes normal over time.

As we sit around complacent and taking for granted our University system, our health system, our industrial relations protections, our right to live peacefully and not be racially vilified, a social welfare safety net and a basic minimum wage; we need to stop and think that with the wrong Government it could all be gone.

Everything mentioned above, that we enjoy, take for granted and cannot simply imagine not being there are also on the list of the IPA to attack, destroy and disintegrate. A list that Abbott is so keen to ratify.

Stop and think for a moment. If Abbott & the IPA’s agenda pans out; right-wing, neo-liberal ideology will become the norm. Can you imagine one day for it to be normal to scoff at the idea of a Government wanting to introduce bulk billing doctors and free medical treatment? Stop and think about that.

Gough’s “It’s Time” campaign was central to motivating the people of the country to recognise it was time for change. Time to move beyond the selfish, stagnant, egoist policies of a Liberal Government and progress. Malcolm Fraser said today that the Liberal Party has jumped leagues to the right and the ALP has jumped leagues to the right from Whitlam.

It is time to speak up about progress, to want it, to desire it so much it hurts. It is time for the opposition to lead the country back to the left. To set a solid platform for strong change and progress. Real respect for Gough starts with respect and commitment to the legacy he left for us. It’s time for change.

Gough’s policies changed Australia forever, in a very good way. The best way and the way forward. It only takes one election to have us put our guard down. To be complacent, to donkey vote, or to take slogans as something meaningful and promising for our nation, rather than seeing them for the vapid, empty, soul-destroying agenda’s that they really are.

Gough Whitlam’s passing today really highlights how destructive the Abbott Government is. It is heartbreaking our country has come to this.

Originally published on Polyfeministix

But will China invade Australia?

Jacqui Lambie warns that a Chinese invasion of Australia is a frightening possibility. But is it? Dr Strobe Driver reports.

These past weeks have seen Clive Palmer MP berate the People’s Republic of China (PRC) government and other (Chinese) that have had business dealings with him. This was followed by a further dictum from his colleague Senator Jacqui Lambie speaking about the potential of a Chinese invasion and what’s more, she has refused to withdraw her comment. The short-tempered outburst by Senator Palmer on the Australian Broadcasting Corporation Q&A program, to be sure was just that, an outburst. As insulted as the Chinese community feels toward Palmer, his outburst was attributed to his frustration with the legal system, his dealings with some Chinese business people and when it all imploded, he drew in other societal elements. Nevertheless, being a minister of parliament does demand a level of tact and discretion that was obviously lacking on the night in question and there has been some repercussions, but other than hurt feelings not much more seems to have eventuated – an apology was forthcoming and all appears smooth again.

Returning to Senator Lambie, and her comment about the ‘Chinese invasion of Australia,’[1] it can be safely assumed that what Lambie is actually referring to is contained in a broad military context: an air- and sea-borne attack culminating in a boots-on-the-ground, physical armed presence not dissimilar to the one taking in place in Ukraine by Russian forces in recent times; the Argentinian invasion of the Falkland Islands/Islas Malvinas in the early 1980s; and the United States invasion of Iraq in 2003. History, and moreover recent history, is littered with examples of the ‘type’ of military engagement Senator Lambie is identifying. To be sure, this is a step further than the ‘fiscal invasion’ of the Chinese that was hinted at prior to the election of the Abbott government, which directly dealt with the number of Chinese investments in Australia – especially with regard to landholdings/farming – which was driven by the somewhat xenophobic Nationals under the guise and umbrella of ‘who owns what in Australia.’ Free market squabbling aside, and the prejudices inherent within this argument about the marketplace, the issue that needs to be examined is whether there is a modicum of truth in what Lambie has stated. Is Australia really in danger of being invaded?

Acknowledging the obvious generalizations that are present in the political deliberations and in the comments of Senator Lambie, there is a need to examine what is pushing the underlying tone of the debate, and then driving the discussion. One upshot of her comment/s is that the military ‘rise’ of China is now out in the public sphere and the massive impact this will have on Australia is finally beyond the hallways of the Department of Defence in Canberra. The heretofore hidden fears that reside alongside the mercantile arena of profit and the ‘food bowl’ debates within the Asia-Pacific (A-P) have evolved into the public arena. It is also fair to argue the popular press has played its part in the awareness of the ‘fear factors.’ Articles that have appeared in the press recently include ‘China must be offered a bigger role in the Asia-Pacific,’[2] ‘New vertical Chinese map gives greater emphasis to South China Sea claims,’[3] ‘Return of the samurai: Japan steps away from pacifist constitution as military eyes threat from China,’[4] ‘Long March Out of China’;[5] and one of the most recent which offers an historical, rather than a straight contemporary assessment, is Paul Monk’s ‘China’s parallel with Germany before WWI [World War One],’[6] which highlights the course of war being the outcome of particular political processes. With all of the above-mentioned commentary, and in particular because Monk has drawn into the mix an historical pivot, there is a need to examine these issues further to highlight where the fear ‘comes from,’ and where it has its roots.

The idea of an invasion being the only pathway to gaining political and geographical advantage is in part due to the popular media being awash with images of war comprising fast moving conflicts that escalate quickly, are both broad-front/symmetrical and asymmetrical, extremely violent and intense and have the ever-present element of ‘collateral damage’ (read: civilian deaths) in the race for armies or militias to establish their strategic footprint/s. However, the relevant issue is invasions gain results which inevitably have to be repelled, defused or accepted. Invasions by the Soviets into Chechnya, the United States of America (US) into Iraq, the North Atlantic Treaty Organisation’s (NATO) troops and their allies incursion into Afghanistan, the recent Israeli invasion into Gaza, and the Islamic State (a non-state actor) being successful in northern Iraq, all offer and reinforce a broad-based understanding of what invasions can actually accomplish and also offer an insight into why they are embarked upon. There is however, more to all of these events in terms of them being simply categorized as overt acts of violence that have a focused outcome – namely territorial acquisition through force – and it is within this spectrum that Senator Lambie alludes to, that can be given a perspective.

A significant part of the reason the rise of China, and the subsequent actions of the PRC government have become so chilling, and the reason the ‘invasion’ word was used by Senator Lambie, is twofold. In the first instance an Asian nation has never presented such a symbolic threat to Western hegemony; and secondly, never has an Asian nation had the actual potential to follow through in a sustained/long tern way with military force. The shock of this state-of-affairs resides in Western nation-states and Western European-centric nations – Australia and America, and to some extent Japan are included is included in this mix – have been privy to, over the past several centuries is watching the slow but sure rise of Western Europe as a ‘force.’ As Europe became a force it has incrementally been able to dictate its version of what government and governance should ‘comprise of’ to the rest of the world. And moreover, it has used force in the process of making nations adhere to ‘Western’ principles. The way in which this has happened includes both military and political realms: the forcing of democracy on Japan at the end of World War Two (WWII) by the US and Allied powers; winning the Korean War by United Nations forces; and the collapse of the Soviet Union in 1989. All of these instances have had the enduring effect of proving Western liberal-democracy is the most venerable and robust of all governments and governance. Francis Fukuyama would deem the collapse of communism to be the ‘end of history,’[7] which translates in simpler terms, to liberal-democracy as a form of government ‘winning’ against communism. In the process of the West ‘winning’ however, there has also been double-standards along the way which have undermined the faith and confidence in Western governance and the damage this has caused should not be underestimated. Included in demanding of good governance from others there has been an acceptance of appalling behaviours from the West per se in favouring those that have served the needs of the West: Singapore and Saudi Arabia being leading examples of this phenomenon. Other examples of atrocious behaviour are incursions by France into Algeria to stem independence movements and its claims on (French) Indo-China; the US and Allied invasion of Iraq in 1991 in order to gain a ‘New World [American/Western-driven] Order;’[8] the second invasion of Iraq under false pretence in 2003 is to name only a few instances in which Western geo-political and geo-strategic double-standards with regard to ‘good governance’ have reigned supreme. In accomplishing such occupations and political tenets, the West has been able to decree the way in which the world – aside from the Russian Federation and China – must operate. These cursory examples prove the West has made, and remade, the platform upon which ‘good governance’ is judged. The time of this dominance is coming to an end, as China is on the rise.

China will be a vastly different case to what the West has previously encountered and then dominated, as it has adopted the West’s interests in being a regional as well as global controller and therefore the ‘case’ of China is completely different than what has gone before in the power-stakes of the twentieth century. China is a completely different because it has a ‘pax-Sino’ in mind – not unlike the pax-Britannica of the 1800s – and it has embarked upon this in earnest from the mid-1990s – and it has a century’s long plan. China’s dominance is that of being a global geo-political and geo-strategic actor and thus, current preponderance in the A-P is only the first step, and an even stronger global military presence will follow. China has moved in a truly ‘global direction’ and is on a pathway that was triggered, and then further stimulated, by Premier Deng Xiaoping who started the process in the mid-1980s. The Xiaoping era would be the first quantum leap into a globalized world and would signal significant domestic and international changes – this was defined by Xiaoping as ‘socialism with a Chinese character.’[9] China was essentially, thrust into a Western world and it would over time exploit the free market, gain international political astuteness, and in the late-1990s, begin to stamp its geo-strategic authority on the world: the A-P region is its first port-of-call. Over time China is seeking to take its ‘rightful place’ in a globalized world. This ‘time’ has taken two decades and it is now in that ‘place’, or in simpler terms, China is now a major actor on the world stage and moreover, one that is prepared to back its position/s up with military force if need be. It is at this point that the historical element as well as the dangers for other actors – particularly Australia in the A-P region and the invasion scenario to which Lambie alludes – can be introduced.

Part of the danger Australia faces in the future as China moves out ‘into the world,’ is that the world will have to accommodate the PRC’s needs, and by necessity its people. This factor, in the first instance is where there are ongoing and developing difficulties. There is an ‘accommodation’ that will need to be given over to China and a significant point to focus upon is to observe an historical element, and to realize within it lies a chilling and changing demographic. In 1913 Western Europe accounted for 14.6 percent (%) of the world’s population. By 2001 Western Europe comprised 6.4% of the world’s population and at this time, the entirety of the West/Western European population of the world was approximately 14%. America, as a standalone country comprised at this time, 4.6% of the world’s population. As at 2001 China’s population comprised approximately 21% of the world.[10] Herein lies the ‘problem’ that Australia in the first instance and the Western world in the second, will have to face: if China is not offered a more prominent of ‘rightful place’ in the schemata of world strategies/politics a massive disruption will occur as China will react to any moves by other nation-states to retard its progress. Based on history, a war is in the making. It is pertinent to ask what will drive such an outcome. The evidence-base for this ‘outcome’ is also in the history of the West.

The schemata upon which the West has developed its societal modality is one of a thriving and burgeoning middle-class, and this has been encouraged in other societies by the West in order for the West to meet its own needs, and in doing this the West has had other societies contribute to its progress. The ‘progress’ became an ever-upward spiral in which the dictums of modern nation-statehood – that is, economic growth equalling stable investment environments for Western enterprises – were ones that offered ongoing prosperity; and the middle-class continuum. What is happening in China, and has been exponentially expanding in the past decade, is the PRC has set about accomplishing exactly what the West has done for centuries: developing a strong middle-class. The Chinese government has set about actively creating a burgeoning middle-class in part to have a greater tax base, to extract people from gruelling, chronic poverty and to in general raise the living standards of citizens. Domestic harmony is also part of the PRC’s aim. Overall, this has been successful as poverty has fallen from 26% in 2007 to 7% in 2012.[11] An historical comparison can be made here which befits the West’s pattern, and in doing so offers the growth of China another perspective and the inherent dangers for the West.

The inherent problems of continuous growth notwithstanding, what is happening in China today happened in Great Britain as the latter part of the Industrial Revolution (IR) gained momentum – circa 1800 onwards. In the process of the IR’s momentum the British government had to meet ever greater demands from its populace. How did it satisfy the demands of its ever-growing middle-classes? Britain robustly expanded beyond its own borders often usurping other nation-states, frequently through violence and colonisation in order to gain what it needed. Nations that acceded to British demands, either as a ‘protectorate’ that was accorded all of the security and safety Britain could muster or, alternately, Britain used force. Nevertheless, Britain still gained what it needed and the British people benefited – the middle-class continued. To be sure the French before Britain used this method, and since post-1945 the US has followed a similar trajectory with its domination of world markets through the Marshall Plan, the Bretton-Woods agreement which allowed America to essentially dominate the world’s free market, are examples of heavy-handed polity.

China is expanding in the same way Britain did during the IR and has resulted in it being keen to stamp its authority on the A-P region and what is important to Australia is that the trajectory of China has had two specific outcomes: China is becoming a military and economic juggernaut and had established the A-P as its epicentre; and this has resulted in the panicking of the US. Recently the Obama administration has gone to great lengths to reassure Australia it is committed to keeping a geo-strategic and political presence in the region with a recent visit by Secretary of State Kerry and a reiteration of wanting to ‘rebalance’ Asia.[12] This illustrates the US is keen to keep one step ahead of China in the region. However, and crucially for Australia, underpinning this is America does not want to modify its approach to the region; and wishes the status quo to remain within the post-WWII and Cold War parameters.

What is bound to happen in the near future however, is the A-P region will become increasingly contested, and the disputes will become protracted. As the middle-classes of China begin to demand their perceived and/or actual rights, the PRC government will have to succumb to their demands, if only for enhanced domestic stability. Hence, China will, like the Spanish, French, British and Americans before it, have to use extramural preponderance to get what it needs for its populace. The question that can now be asked and the one that returns to the core of this article, is will this result in an invasion of Australia? From a geo-strategic perspective it is unlikely that this would happen in the next decade as China does not have the support facilities in the region for a limited invasion as the most vulnerable ‘impact points,’ – the west/northwest of Australia – would not be able to be adequately reinforced after an initial foray. China over the next decade will be dealing with its expansion in the A-P region in a much ‘softer’ way, as it has done in the region generally, and in Africa and Oceania. This has been done with unconditional fiscal contributions (loans).

With regard to soft power China is critically aware of the political ramifications of Australia’s poorly thought through foreign policies, and in particular the rage that these have created throughout Indonesia. China has been quick to capitalise on this with gaining deeper connections with Indonesia. If a more solid outcome and strategic footprint – air- and sea-bases in Indonesia – is enabled by the PRC beyond the current military outposts of Pakistan and Myanmar the danger/s for Australia exponentially increase and an invasion would be more likely. The importance of outposts and the enhanced capabilities they offer can be seen through Britain in the Falkland Islands/Islas Malvinas, the US in Guam, Diego Garcia and the United Arab Emirates. These are clear examples of preponderance and to believe China is not on a similar pathway modelled on British and American history is to deliberately ignore the evidence. From this point it is obvious that if China were able to establish a greater military presence in Indonesia exercising control over Australia would be more able to be achieved although this would more likely be the strangulation of access to shipping- and air-traffic in the region, regardless of whether it is military or mercantile, as this tactic would essentially render Australia fiscally and militarily decapitated in the region.

Returning to the initial centrepiece of Lambie’s argument and notion of whether Australia is in danger of being invaded in the traditional sense’ of the term. The reason this is not probable is the state-of-affairs regarding invasion are dictated by sheer logistics and materiél requirements for an invasion to succeed and then be sustained. Chinese support- and/or operated-bases are in their infancy and this will be the case for at least another decade and therefore an invasion would not be strategically viable. In the meantime China will continue to ‘invade’ Australia from an economic perspective and this will have a triad attached: to enable China to exert influence on regional strategic partnerships; to establish China and A-P multilateral deals that actively encourage the use of the Renminbi (sometimes called the Yuan), as a source of collateral; and to pro-actively downgrade Australia-US military commitments and partnerships. As happened with Britain and the US the middle-classes of China will demand more from their government – in particular more fiscal and military status in the world – and Australia will be at the forefront of these ructions that both soft power and hard power bring. As the decade toward 2025 grinds on the massive influence China will have will cause the displacement of Australia’s and as such, the Chinese will not automatically accept Australia’s definitions of how the A-P should be controlled: this will cause problems. The coming state-of-affairs for Australia will be one surviving the numerous upcoming protracted and friction-filled escalations and the ever-greater political and military demands China will inevitably make. In parallel with this the other issue for Australia will be whether Australia is also able to fend off America’s increasing desperation to maintain its traditional post-WWII foothold as it too, and in order to fulfil its ‘rebalancing’ claims, must enter the regional quarrels. However, this does not necessarily equate to protecting Australia per se.

For Australia the decisions that will have to be made, in order to totally avoid an outbreak of war – one in which Australia for all intent and purposes will inevitably lose and one that would encourage a ground invasion by Chinese forces – is where to place China as these regional machinations increase? And correspondingly, where to place the US? The point for Australians’ to understand is it is a WWII-based belief to assume that the US will come to Australia’s aid immediately, or as a follow-up to any Chinese show of force. The truth of the matter resides in the history of the US as per WWII being a ‘European war’ until the bombing of Pearl Harbor forced the US to face the realities of the conflict, and the undeniable reality is that an Australia-China military collision would not necessarily be an urgent priority for the US. Once again the making of such a statement can be given credence by observing that America is fiscally bankrupt to China, and owes the PRC trillions of dollars and the US would simply not risk China calling in its debt/s as this would devastate the US domestic economy. And moreover, for the US Australia would not be the only ‘game in town.’ Reflecting on this statement, a significant part of the reason the US lost the Vietnam War is that it was not the ‘only game in town’[13] as it was beset with domestic civil strife, had ongoing issues with the Soviet Union-Cuba alliance, and had European Cold War commitments as well as the ‘space race.’ An Australia-China conflict will also adhere to the ‘not the only game in town’ principle for the US and for Australians’ to believe that the US will see a conflict in the A-P region as important enough to warrant an immediate response is simply wrong. Also, America will be tormented with fiscal and political problems in the next two decades which will continue to render an already war-weary nation to be dubious about entering another war. The problems that will influence the US’ lack of enthusiasm to intervene in the A-P will range from the sheer distance from the US and of it being a China-controlled environment; intractable domestic and regional dealings with Mexico and the South Americas associated with drugs, migration and political trends; the combined economic, geo-political and in some cases geo-strategic influences of what has become colloquially known as the ‘BRICS,’ (Brazil, Russia, India, China and South Africa); the ongoing and increasing demands of, and ties to, Israel in a continuously fractious Middle East; and the immersion of energy, politics, and geo-strategies of the ‘stans’ of Central Asia—Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Afghanistan.

To be sure, the US essentially having been sidelined to that of an equal rather than a superior player in the next decade is already being put into place by China. The evidence is America’s slow reaction to commenting on and having a greater involvement in the South China Sea tensions in a more immediate manner which is in direct contrast to its role in the Cold War years. Moreover, China has continued to exercise its perceived ‘regional rights’ with relative impunity; and the PRC recently rejected a US proposal to decrease tensions over the ‘disputed territories,’[14] and these are further signs the days of absolute control for the US are over. The issue-at-hand remains that China would not invade Australia in the next decade because pax-Sino has not been on the ascent long enough; and has not been able to establish the required networks for a limited invasion of Australia to succeed. Perhaps of equal importance in the next decade America will have declined to the point of being non-interventionist, at least in the eyes of the PRC. After the next decade for Australia all will not be so secure.

The implications for Australia beyond 2025 onwards are not as assured and this will be due to the fact that as China continues to rise the US will continue to decline and therefore, the US will have become a significantly lesser threat. Furthermore, as the US is forced to shift its focus toward Central Asia, the South Americas and Israel, this will make Australia more vulnerable. There is no reason to think that if Australia continues on its current pathway of antagonism in the region – especially toward Muslim countries – that there would be enough impetus for China to believe a limited invasion would not be successful. There is much China could gain from such an overt act as part of a grand strategy of preponderance; to force Australia to rethink its US ties; to gain greater access to Australia’s resources upon which it depends; as a signal to regional enemies that it is the force to be reckoned with; and to show regional allies it is the most powerful and dynamic actor. In short, Senator Lambie’s outburst is largely accurate, premature perhaps, but based on British and American preponderance, accurate nevertheless.

[1] ‘Jacqui Lambie refuses to apologise for warning of Chinese invasion.’ AAP/The Australian. Sydney: Murdoch Press. http://www.theaustralian.com.au/national-affairs/jacqui-lambie-refuses-to-apologise-for-warning-of-chinese-invasion/story-fn59niix-1227038207396

[2] Hugh White. ‘China must be offered a bigger role in the Asia-Pacific.’ The Age, Melbourne: Fairfax Publishing Ltd, 10 June, 2014, 16.

[3] http://www.abc.net.au/news/2014-06-26/an-new-chinese-map-gives-greater-play-to-south-china-sea-claims/5550914 Australia Network News, 26 June, 2014.

[4] http://www.abc.net.au/news/2014-08-19/japan-expands-their-military-amid-growing-tensions-with-china/5672932 Australia Network News, 19 August,, 2014

[5] Andrew Browne. ‘Long March Out of China.’ The Australian, Melbourne: Murdoch Media, 19 August, 2014, 9.

[6] Paul Monk. ‘China’s parallel with Germany before WWI.’ The Sydney Morning Herald, Sydney: Fairfax Media, 20 August, 2014. http://www.smh.com.au/comment/chinas-parallel-with-germany-before-wwi-20140820-10631j.html

[7] See Francis Fukuyama. The End of History and the Last Man. New York: Free Press, 1992.

[8] Gabriel Kolko. Another Century of War? New York: Monthly Review Press, 2002, 217.

[9] Ezra Vogel. ‘The Transformation of China.’ The Agenda. http://www.hup.harvard.edu/catalog.php?isbn=9780674055445

[10] Angus Madisson. The World Economy. Historical Statistics. Organisation for Economic Co-operation and Development, Paris: OECD, 2003, 258.

[11] GALLUPWorld. ‘China’s Per-Capita GDP has Led to a Drastic Reduction in Poverty.’

http://www.gallup.com/poll/166565/one-five-worldwide-living-extreme-poverty.aspx

[12] Jemima Garrett and staff. ‘US secretary of State John Kerry uses Asia-Pacific to ‘redouble’ focus on region.’ Australia Network News, 14 August, 2014 http://www.abc.net.au/news/2014-08-14/john-kerry-focuses-on-pivot-to-asia-pacific-at-end-of-region/5671992?section=world

[13] James Lee Ray and Ayse Vural. ‘Power Disparities and Paradoxical Conflict Outcomes.’ International Interactions, Philadelphia: Taylor and Francis, 1986,12, 315-342.

[14] David Tweed and Sangwon Yoon. ‘China snubs US proposal at ASEAN.’ The Age. Fairfax Media: Melbourne, 11 August, 2011, 13.

This article was first posted on Strobe’s blog Geo-Strategic Orbit and has been reproduced with permission.

 

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Some Sacrifices Are Good, While Others Just Primitive!

“Asked about his threat on Wednesday to look for other savings measures that by-passed the senate, Mr Hockey said the government was working hard to get what it laid on the table through the parliament.

He agreed some of his budget measures meant Australians would have to make sacrifices.”

 

news.com.au 17th July, 2014

 

“Maurice Newman, who has been vocal in his climate change scepticism, has attacked governments, including the former Labor government, for pursuing “green gesture politics” by introducing carbon price signals in an opinion piece for the Murdoch-owned News Corp publication The Australian.

He likened the measures to “primitive civilisations offering up sacrifices to appease the gods”.”

Sydney Morning Herald, August 14th 2014

My rich friend picked me up today. We were going for lattes in spite of his obvious wealth. I mean it goes without saying that he’s very well off. He was driving a car and he was talking me over a kilometre to the coffee shop. When you factor in the return journey, that was well over a mile in the old scale – just in case Abbott has returned us to imperial measurements by the time you’re reading this.

Of course, I asked him to pay for the coffee – anyone who can drive that far must clearly be able to spring for a cup of coffee for a poor writer like myself, but he seemed to have heard that the age of entitlement was over and suggested that as he’d already driven there then perhaps I should be the one paying for the coffees as people like him – the ones that own cars – had already contributed enough to the likes of me.

I had to admit that he had a point, so while I ordered the coffees he picked up the newspaper.

“Jihad Bludgers” screamed the headline.

“Mm,” I speculated, “surely The Herald-Sun isn’t suggesting that the jihadists aren’t working hard enough to make it happen.”

“No,” he explained, “apparently when they go overseas, the Government’s been cutting them off the welfare payments.”

“That seems a bit unfair. Why isn’t everyone on the dole stripped of their entitlements whenever they go on one of their overseas jaunts?”

“I think they would be, but I don’t actually think that people on the dole travel overseas all that often.”

“Right – so they’re not treating these people any differently. I guess they need to be careful how they report this, given the government’s broken promise on 18C, which we shouldn’t really consider a broken promise because he really meant it at the time and it’s only because of those bludging jihadists that he’s had to change his mind.”

“Yes, Andrew Bolt’s been writing about stopping Islamic migration for week’s now and because we haven’t removed 18C he can only vilify them on the grounds of religion, not which country they come from.”

“He hasn’t just been writing about that. Last week he was concerned about all the people writing anti-Semitic things about Israel.”

“Doesn’t he support the right to free speech?”

“No, it’s ok to be a bigot. But only if you’re bigoted against people he doesn’t like.”

“At least he’s consistent then.”

“Yeah, I can respect someone who has a different view, as long as they’re consistent.”

“Like Maurice Newman.”

“What’s he consistent on?”

“The only thing that matters is making money. That – and climate change being a myth.”

“No, I think you’ll find that’s not what he believes.”

“Really?”

“Yeah, he has an opinion piece in today’s Australian saying that we weren’t prepared for global cooling which is what one person is predicting, so I guess that means if the planet’s cooling then he must believe in climate change. Then he compared climate change measures to primitive societies making sacrifices to appease the gods.”

“Oh, I thought the Business Council wanted Australians to make sacrifices to get the Budget back in order.”

“Yes, but that’s completely different.”

“How?”

“In the same way that the ABC is biased and how when they have people from the IPA on, they never give them a chance to speak on climate change.”

“You think the ABC is biased? Don’t they have to ensure balance?”

“They’re meant to. But I was talking to a man the other day who said that he tried to get on after a scientist had described Mars as a lifeless planet. This guy – Bruce, I think his name was – said he was writing a book about how Mars is populated by tiny bugs and this is why the Martians had to move to earth and infiltrate our political ranks. And when he asked the ABC to stick to their charter of balance, they told him to come back when the book was published. Which, of course, will never happen.”

“Because the Martians will stop its publication?”

“No, of course not. It won’t get published because the man’s a raving lunatic who refuses to send it to publishers for fear that they’ll change the words.”

“So why do you think the ABC should have given him time?”

“For balance. I mean, people who are raving lunatics have a right to be heard too.”

“But don’t they get heard in the letters section of The Herald-Sun?”

“I just think if it’s good enough for the ABC to interview Eric Abetz, then why should they draw the line at a man who thinks we’re being invaded by Martians?”

“Surely, they have to draw the line somewhere. Why on earth would you interview a man who had no qualifications on the subject, no evidence and no idea what he was talking about just to achieve balance?”

“Now just a sec, it wasn’t the ABC who did the George Brandis interview on metadata…”

Our lattes arrived. At this point we always stop talking, because I have it on good authority that all latte saucers are bugged so that the government can listen to the likes of me as we plot its downfall.

But trying getting that on the ABC!

 

 

The Problem of Unemployment in Australia

Julie Farthing has worked in the employment industry for four decades. She more than anyone has the experience to safely predict that the government’s policies aimed at getting unemployed people into the workforce will be nothing but complete failures.

Pulling a dead rabbit out of an old hat: this is how I describe the ludicrous response by the Abbott Government to the ‘problem’ of unemployment.

We have been hearing a lot about their plans for extending ‘Work for the Dole’ placements and increased activity testing (requiring Newstart recipients to search for 20 or so jobs per fortnight). It is clear that they have no idea as to how to really tackle the issues; they have no new ideas – both, and both have been found to have limited success in getting people back to work. Neither of these schemes will actually provide jobs, and with a government hell-bent on destroying our industry, you have to wonder at their logic. (Oh wait, they’re Liberal, they don’t need logic).

I’m waiting for them to tell us exactly how many jobs the new mine will create – not for Australians – for 457 visa holders.

Certainly, it seems that every Australian of working age and beyond has an opinion on the unemployment ‘problem’. I can say, with experience in the employment industry that spans four decades, that most Australians, if given the chance to work and earn a decent wage, would happily take it. Some wouldn’t, of course, and will do anything they can to ‘play the system’. It has been so since time began, and nothing the current government will do will have any effect on this group (which is really quite small, believe me). These are the ‘alternate lifestylers’, the ‘opters-out’ – good luck to them; they are probably doing better than the average Joe these days. I would challenge any government to create a shift in the mentality of those who actually avoid conventional work at all costs, and Abbott and his cronies are not focusing on this group either, so let’s not dwell on them.

Let’s look instead at the vast majority of people who would like to work, if they could; who have tried in the past, and maybe, if they are not yet too disillusioned, are still trying. This includes manufacturing industry workers who have no industry left, and whose skills are not really in demand in any industry. It includes young people who can’t get a start because the basic jobs have all been replaced by technology. It also includes the 18-12 year olds who are under-employed, who can’t get a proper job in retail or hospitality because they employ 15-year olds who are cheaper, then turf them out before their 18th birthday without much to look forward to. It includes people with disabilities, and women with children, who bear the brunt of workplace discrimination. It includes people in their 50s and 60s who were sold the idea that their hard-earned superannuation would see them through their retirement years. It is the people living in the regional areas who have exhausted all the local employers and have tried relocating but are constantly told, ‘We can’t even find jobs for our local workers, so don’t bother coming.’ It includes small business folk and sole operators who are fighting increased competition from all the other people who have given up on ever getting a job and decided to go it alone.

Aside from the ridiculous image conjured up by the idea of hundreds of jobless cold calling and having doors shut in their face by companies that clearly would advertise if they need someone. What Misters Abbott, Abetz, Andrews and Hockey cannot fathom, sitting on their fat wallets, is that jobs are bloody scarce out there – more scarce than they have been since the Great Depression. Or, if they know this, they are not telling us. My guess is that they have no ideas how to fix this problem but everything comes down to saving money, so their only plan is to make it so hard for people on Newstart and other benefits to comply that they will simply cut their allowance. From the sad stories I have already heard and read, I know that this will lead to increases in the number of suicides and the crime rate will skyrocket. I doubt they will care.

Australia beckons India: more antagonism from the Abbott Government toward China

Is the Abbott Government playing a major part in inflaming and destabilising the security of the Asia-Pacific Region? Dr Strobe Driver reports.

Prime Minister Abbott’s quest for the attention of right-wing nationalists’ that are seeking to contain China has swung from the United States of America (US), to Japan and is now making its way further West into the Indian Ocean. This time to increase a military attachment to another forgotten ‘ally’: India. This is a circle of madness and it will be to Australia’s detriment that this government has continued the cycle started by the Rudd-Gillard governments with the deployment – and then ongoing rotation – of US marines through the Northern Territory. There is a reason for this ongoing madness which needs to be addressed in light of history in the Asia-Pacific (A-P) region.

With the knowledge that Australia has punched far above its weight in the region since the end of World War Two, consecutive governments have sought to keep this modus operandi alive; and as a continuum in their foreign policy objectives. As a result of this, Australia has regularly invested itself in military collisions either directly in the region or external to the A-P in order to bring about enhanced ‘security’ and ‘stability.’ The eventual aim of these incursions has been, and no doubt will continue to be, that countries which Australia decides to intervene into should convert to the Western liberal-democratic model of government; and governance.

Australia has entered the fray of regional collisions in places such as Central Asia (Afghanistan), the Middle East (the Persian Gulf), Southeast Asia (Vietnam), East Timor/Timor Leste and of course numerous other regional locations that have ‘needed’ Australia’s presence – the Butterworth Air Force Base in Malaysia and Australia’s use of it as a forward-defence locale is an example of involvement without an actual collision of forces taking place. Whether or not Australia’s involvement in the aforementioned has been beneficial to those that have experienced Australia’s direct (read: military) assistance and whether Australia entered these places voluntarily or was coerced by other state actors – the US in particular – are moot points and beyond the scope of this essay, suffice to say Australia has made its presence known and continues to believe that actual force and/or the threat-of-force remain apparatuses that ensure stability.

As with many a country that has experienced the thrill of exercising extramural power due to either location or military transport capabilities, the days of Australia utilizing forward-defence and/or embarking upon actual incursions should be disbanded, as it encourages continual usage of a governance mechanism that is backed by force, and this model generates backlashes. More to the point, the world has changed from the days of Western Eurocentric and European-models of government and governance being passively accepted by other nation-states.

Regardless of the heart-warming feelings the Western/Eurocentric world may have toward the model that has been successfully executed since 1648 through mercantilism, trade, suzerainty, protectorates, colonialism, forced alliances, post-colonialism state-making – Kuwait, Israel, and the dividing up of the spoils of Africa amongst Europe is to mention only several examples of deliberate state-making – with the addendum of brute force, will not alter the coming inevitable and unpalatable truth. The time is fast approaching to acknowledge the overarching and heretofore unquestioned influence of the West is in decline, and hence the rise of China is taking place. The era pax-Sino is the new reality.

Extrapolating on the abovementioned, the new problematics for the West, and for Australia in particular, is that the Abbott government, by actively seeking out these new alliances is also indulging in the suppression of this reality. Raging against the military, economic, geo-political and geo-strategic rise of China signals a fear of disengagement from the superlative-version of Western history which was one of having control of the high seas and (in later years) the airspace above for centuries.

This will not remain the case into the future and holding onto history signals an unwillingness to admit to the reality of the situation-at-hand: the era of pax-Sino is not only the new reality, it is fast-arriving. Therefore, no amount of foreign policy enmity shown to the People’s Republic of China (PRC) through scrambling around trying to find new Asia-Pacific allies will change this and moreover, it is sending a supercilious message to a country that will exercise the most control over the A-P region regardless of whether there are policies of containment directed toward it or not.

Overt messages toward India by the Abbott government is foolhardy and is disavowing China’s place in the region, which in turn will encourage China to ignore Australian input into regional machinations. The dismissal of China’s input into regional ministrations by Australia in recent times has succeeded in infuriating China. This has been reflected in newspaper headlines such as, ‘Australia and India to strengthen military ties’[1] with regard to India, and ‘Defence alliance to anger China’[2] with regard to Japan.

These references are evidence that there is a renewed commitment to the containment of China by Australia in all spheres and is signalling to the Chinese government that the only role that Australia accepts of China is it being a compliant (and growing) trading partner. The pressure the Abbott government is feeling and its desire to not upset America is also dangerous as the Americans are also not happy with Australia. This should encourage the Abbott government to be more respectful of China and not antagonise it further. If China reacts militarily, the possibility that America would come to Australia’s aid becomes even more remote. The veiled threats of ‘president-in-waiting’ Hillary Clinton that Australia should not ‘two-time’[3] America in negotiations should be taken as a clear signal that America will judge any escalation at the time of it happening and it will not necessarily default to its historic alliances.

This as a stand-alone issue should be enough to alert the Abbott government to understanding that any moves to contain China in the region will be to the detriment of Australia. Perhaps the most frightening undertone to Clinton’s statement is that it mimics the George W. Bush mantra of a country being either ‘with us or against us,’[4] or in simpler terms, Australia must choose between America and China. From the aforementioned, and with regard to China, the evidence suggests Australia is actively moving toward the containment of China even though there is no evidence America will support this position; Japan has been newly-befriended and embraced with a military/information exchange deal; and India’s status has been upgraded. This is a combination of events that is fraught with danger for Australia; and is tantamount to an invitation to disaster.

What however, does India have to offer Australia and the region that may dissipate what could be defined as a ‘coming storm.’ Perhaps it will balance the region by the Abbott government adopting a newfound friend and ally? A perspective is needed here. Unfortunately, the answer to the above is the elevation of India will do nothing for stability in the region, as has the exchanges with Japan. These sudden ‘recognitions’ will only inflame Australia-China relations beyond the required modicums of civility that trading partners have to indulge. China will be furious at Australia’s new-found alliances. Moreover, the PRC will observe it as a direct insult and another geo-strategic move which further destabilizes an already fractious region.

The new dynamics that Australia is attempting to set in place, beyond the trading commodities such as iron ore and gold – about 40% of Australia’s exports to India are of gold[5] – are however misguided at best and flagrantly antagonistic to China at worst. If Australia is counting on India to exercise a naval military presence in order to be yet another bulwark to China, Australia is being profoundly imprudent as India simply does not have the military-stretch to extend beyond South Asia. India is also beset with regional political issues such as poisonous border issues with China; ongoing political and geo-strategic issues with Pakistan; and ongoing difficulties with China-Pakistan relations. Domestically, India also has enormous problems.

Chronic poverty being the most overt- India’s Economic Advisory Council deemed 363 million people to be living in poverty in 2014[6] – and according to the Asian Development Bank it also has ‘rampant corruption and [is an] ineffective and corrupt state.’[7] Perhaps the least acknowledged issue however, and one that drains vast amounts of India’s time and energy is ‘a guerrilla war in twenty states covering 40 per cent of the country’s land mass.’[8] The nationalistic fervour shown by the people of India in their electing of Narendra Modi will not change these endemic problems that have (and are) facing India in the short term. Therefore, and regardless of India’s resentment of China’s growing influence, India’s sway in the region therefore, will remain ‘rhetorical and potential rather than actual.’[9]

The inclusion of India as an incremental-increase in the containment of China in an A-P ‘triangle of defence’ is yet another simplistic foreign policy alternative to actually engaging with China on deeper more meaningful geo-political and geo-strategic levels. Australia will come to deeply regret recent moves to elevate India beyond that of a valued trading partner. Furthermore it actually signals Australia – in the current government and in the previous one – is fundamentally incapable of looking beyond trade for its meaningful geo-strategic and political relationships, and is weak-willed when trying to negotiate its way through the regional (and ever-increasing) maize of potential conflict-probabilities – that is, unless the US demands it, and Australia should dispense with this historical cloak which consecutive Australian governments in particular, have been unable to throw off.

The military move toward India when it has in fact been ignored by Australia for decades, the cut backs in Australia’s foreign aid which must impact on India notwithstanding, also signals a panic on behalf of India in its desire to offset China’s influence in the region. This has become a lightning rod with which Australia – as poorly constructed as the foreign policy has been – has been able to capitalize on. The Abbott government is expanding on the Gillard governments’ approach to the A-P belonging to America, and in doing so is seeking to default to the containment of China at the behest of America. A significant part of this driving force and reasoning is because the Abbott Conservative government is unable and/or unwilling to unshackle Australia from its British-colonial ruler-of-Asia mentality. The fusing together of these elements will incrementally and then dramatically increase the chances of an exchange of fire between military forces happening.

The irresponsible attitude and opportunistic intent Australia is exhibiting by embracing Japan and now India, is another stepping-stone into a war breaking out and of Australia having to concede that it played a major part in inflaming and destabilising the region: it may take a decade from 2014, but the signs of war are already on the horizon. Whether the mechanisms of previous Australia’s foreign policy continue to be employed, and if they remain mired in their colonial past in the new ‘age of pax-Sino,’ they will be given, in the first instance short shrift by the PRC; and in the second will heighten the chances of a military response from China.

The well-trodden historical colonialist-path that Australia is attempting to engage with by allying with India directly impacts on the chances of there being peaceful outcomes in the A-P region. If the PRC adopts the British model of rule in the region, that of using force to reinforce their superiority – as Great Britain did throughout the 1800s – a war will come sooner rather than later and India, like Japan and America, will put its interests first and once again, due to the foolhardy military-driven foreign policies being adopted by the Abbott government, Australia will be found wanting. India is simply not capable of being a bulwark against China regardless of the elevated status Australia offers it in the region. Essentially, all the additional recognition is achieving is the inflaming China’s sense of humiliation; and China’s tolerance of this will not be indefinite. A war with China is ever-closer due to the Abbott government’s ill-thought through and shambolic foreign policy.

[1] John Garnaut. ‘Australia and India to strengthen military ties.’ The Sydney Morning Herald. Sydney: Fairfax Media, July 1, 2014.

http://www.smh.com.au/world/australia-and-india-to-strengthen-military-ties-20140701-zss9o.html

[2] Mark Kenny and David Wroe ‘Defence alliance to anger China.’ The Age. Melbourne: The Age Company,July 9, 2014, 7.

[3] Paul McGeough. ‘Hillary Clinton criticises Australia for two-timing America with China.’ The Sydney Morning Herald. Sydney: Fairfax Media, June 27, 2014.

[4] ‘You are either with us or against us.’ CNN.com. November 6, 2001.

http://edition.cnn.com/2001/US/11/06/gen.attack.on.terror/

[5] Michael Wesley. ‘The Elephant in the Room. Australia India Relations. The Monthly. February, 2012.

https://www.themonthly.com.au/issue/2012/february/1328594251/michael-wesley/elephant-room

[6] Manu Joseph. ‘Setting a High Bar for Poverty in India.’ The New York Times. July 9, 2014.

[7] James Lamont and James Fontanell-Khan. ‘India: Writing on the wall.’ Financial Times. March 21, 2011.

[8] Martin Jacques. When China Rules the World. The end of the Western World and the birth of a new global order. England: Penguin Books, 2012, 448.

[9] https://www.themonthly.com.au/issue/2012/february/1328594251/michael-wesley/elephant-room

This article was first posted on Geo-Strategic Orbit and has been reproduced with permission.

 

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Laggards or Leaders

While Joe Hockey labels Australians as “lifters or leaners”, governments are similarly judged as “laggards or leaders”. In one fell swoop this government has taken us from being a world leader to a despised laggard.

You could be forgiven for not knowing there was a climate change conference in Bonn in June. In fact, I am not even sure if we actually sent anyone. The last I heard, the delegates were standing around at Sydney airport wondering what to do because the PM’s plane had flown off to France full of photographers and businessmen, relegating the delegates to catch commercial flights, but the PM’s office, who control such things, had neglected to give approval for their expenses.

Since I had heard no reports of the conference I looked for myself. This was the first story I came across.

Australia awarded Fossil of the Day at UN Climate Talks for Trying to Reconvene Flat Earth Society

June 10 2014, Bonn – Germany: CAN bestows the first Fossil Award of the Bonn UNFCCC negotiation session to Australia in recognition of Prime Minister Tony Abbott’s stupendously brazen denial of the catastrophic risks posed by climate change in his effort to form an alliance of “like minded” countries opposed to action on climate change, already dubbed by some as a new “flat earth society.”

News accounts report that the Minister has enjoined Canada in his new coalition and is reaching out to other countries including the UK and India “aiming to dismantle global moves to introduce carbon pricing.”

CAN salutes the Abbott’s commitment and consistency in his willful blindness to the catastrophic economic costs incurred by climate change.

He has also recently announced his intention to keep climate change out of the upcoming G20 talks hosted by Australia arguing that climate change is inappropriate because such talks are primarily about economics.

Prime Minister Abbott must have missed the IPCC memo which spells out that climate change is the economic problem facing our age – it’s already costing us, but it doesn’t cost the earth to save the world.

He is clearly looking for recognition of his visionary approach to climate change, and CAN is proud to be among the first to step out and congratulate his dedication to the fossilized past. [In case you were wondering – no, this isn’t a joke. Abbott has really done this. Sometimes truth is stranger than fiction.]”

This came on the heels of the report from the conference in Warsaw in November last year.

November 22, 2013

This year’s Colossal Fossil goes to Australia. The new Australian Government has won its first major international award – the Colossal Fossil. The delegation came here with legislation in its back pocket to repeal the carbon price, failed to take independent advice to increase its carbon pollution reduction target and has been blocking progress in the loss and damage negotiations. Aussie Aussie Aussie Oi Oi Oi!

Some people have described our new Senators as a “breath of fresh air”. What I see is ill-informed naivety. Clive Palmer has somehow convinced these “ordinary people” that Australia will be better off without a carbon price and a mining tax. Nice going, Clive.

Tony Abbott has managed to do the same, telling us that our cost of living will go down, jobs will be created, and investment money will flow … but don’t bet the house on it.

This unholy alliance has sent Australia backwards but they will not prevail. Their actions will be increasingly condemned as the world forces them to take action on the greatest challenge our planet has ever faced.

Image by climate-change-guide.com

Image by climate-change-guide.com

Abbott will face enormous pressure at the G20 summit later this year, and at the climate change talks in Paris next year, despite his efforts to remove discussion from the agenda. Under pressure from Obama, in a typically immature approach to control the language, Abbott agreed to discuss “energy efficiency.”

A recent poll by the Lowy Institute showed that after six years of declining public concern about climate change, the trend had reversed with 45 per cent of people saying it is a “serious and pressing problem.”

In the meantime, it is worth remembering that smart, decent people are waiting for this temporary nightmare to pass and have viable plans for the direction our future must take.

In July 2012, Beyond Zero Emissions produced a document called “Laggard to Leader – How Australia Can Lead the World to Zero Carbon Prosperity.” The main thrust of the study is:

  • Australia must stop using the promise of a global treaty that won’t eventuate to duck responsibility for its ballooning coal and gas exports.
  • A moratorium on coal and gas expansion followed by a phasedown will drive a massive increase in global renewable energy investment.
  • Australia can lead the world to cheap, abundant renewable energy by deploying off-the-shelf, zero carbon technology that will grow Australia’s prosperity.

The International Energy Agency warned in 2012, “the door to a 2°C trajectory is about to close.” To keep the door open, global emissions must peak and begin to decline by 2020 at the absolute latest and then keep declining to zero by between 2040 and 2050. We are in “the critical decade”. Decisions we make today will largely determine the state of the climate system within which all subsequent generations must live.

The world’s nations gathered in Durban in late 2011 to continue long-standing negotiations towards a comprehensive international treaty to cut greenhouse gas emissions. The best they could agree was that they would aim to negotiate by 2015 an agreement requiring some countries to start reducing emissions beginning in 2020. These negotiations cannot be relied upon to secure the emissions cuts that are required. “It is clear”, argue the editors of the world’s preeminent scientific journal, Nature, “that the science of climate change and the politics of climate change … now inhabit parallel worlds”.

Nowhere is this more apparent than in Australia where the Federal Government and its State Government counterparts are aggressively supporting a massive programme of investment in new mines, wells, pipes and ports. These projects will see Australia export a staggering amount of highly emissions-intensive coal and gas during – and well beyond – the critical decade.

Australia is already the world’s largest coal exporter, responsible for more than a quarter of the world’s traded coal, and is the fastest growing exporter of liquefied natural gas. The emissions embodied in Australia’s fossil fuel exports already total much more than our “domestic” emissions. Based on data accumulated by Australian Government agencies, Australia’s combined coal and gas exports are projected to more than double between now and 2030.

To allow this to occur would be catastrophic for global efforts to avoid dangerous climate change: it would mean Australia would be causing more than 1 in every 10 tonnes of the greenhouse gas emissions that can be emitted into the atmosphere in 2030 consistent with a 2°C warming trajectory.

Australia is the steward of its natural resources. They belong to all Australians and we can choose what to do with them. When our exports of coal and gas are burned, the carbon dioxide released into the atmosphere is the product of these choices. The fact that these emissions are not counted in Australia’s “carbon accounts” under UN carbon accounting rules has previously been used as an excuse for us to ignore their consequences.

But these rules are based on the idea that all countries will have emissions reduction targets, the achievement of which will “add up” to the global cuts necessary to stay within the 2°C limit. With the UN negotiations deadlocked and no foreseeable prospect of such an international regime emerging in the necessary timeframe, this excuse is not acceptable.

Hoping, against all probability, that the negotiations will reach a breakthrough just in time, while at the same time making the problem they are trying to solve significantly worse is a dangerous, counterintuitive and counterproductive approach for Australia to take.

It is well beyond time to approach the global challenge of preserving a safe climate in a very different way. It is time to put leadership towards zero carbon prosperity at the heart of our response.

The logic of “Cooperative Decarbonisation” is simple. Each country must phase down to zero or very near zero the greenhouse gas emissions associated with every economic and social process over which it has control or influence. Instead of drawing lines at national borders, this approach recognises that, in a globalised economy, countries have shared responsibility for many of the emissions that occur in any one place. As such, countries should use every lever they have to eliminate those emissions within their “sphere of influence”, including the fossil fuels they export and the goods they import.

Clearly, international cooperation will be required – particularly to ensure that the goals of sustainable economic development are achieved and that wealthier countries assist low income countries to make this essential transition. But instead of trying to do it all in one “grand bargain” as they are today, countries should work in smaller groups, focusing their efforts on the individual sectors and processes that cause emissions – working to leave fossil fuels in the ground, preserve the world’s forests and make renewable energy affordable for all.

Australia, one of the world’s wealthiest nations, is one of only a small handful of countries that can lead this process. The main reason for this is simple: our sphere of influence over global emissions is immense. Our high domestic emissions make us an important player, on par with nations like France, Spain and South Korea. But it is our ballooning coal and gas exports that make us a truly critical influence on global emissions.

We can use this position to focus the attention of world leaders on the most important, yet least discussed part of the climate problem: the fact that only one eighth of the world’s remaining fossil fuel reserves can safely be burned. Australia can help make that which is currently “unthinkable” – a global fossil fuel phase out – a reality.

We need an Australian moratorium on new fossil fuel developments: a bold move from the world’s largest coal exporter that can serve as the centrepiece for a wider call to action. Such a move would maintain the current global price of coal and stop it from falling by an expected 30% this decade. It would be one of the few conceivable ways that any single country could jolt world leaders into action, creating the economic and political momentum to commence immediate global discussion on the best and fairest means to phase-out fossil fuels.

Thankfully, Australia’s global power does not arise only from our ownership of the resources that are fuelling the problem. As the beneficiary of world class solar and wind resources, we also hold the key to the most important solutions.

Solar photovoltaics (PV) and wind energy are essential to decarbonising the world’s energy system. Thanks largely to the targeted investments made by Germany and other European countries when these technologies were more expensive, they have sailed down the “cost curve” and are now price-competitive with fossil fuel energy in many markets. Germany’s installation of almost 30GW of solar PV brought PV prices down by an incredible 65% over the past six years.

The other crucial technology is concentrating solar thermal (CST) with storage. This technology, which is operating today in other countries, produces 24 hour energy from the power of the sun. The Zero Carbon Australia Stationary Energy Plan showed that powering the Australian economy using predominantly CST is technically and economically achievable, starting now, in ten years. The greatest gift that sunny Australia could give to the world is to repeat for CST what cloudy Germany did for solar PV: through smart policies and targeted investments, enable the deployment across Australia of enough CST to make this game-changing technology cost-competitive with fossil fuels everywhere.

Cheap renewable energy will solve some of the most challenging problems facing humankind this century – from climate change, to oil scarcity, to energy poverty – and allow us to build a global economy on foundations as reliable as the rising sun.

Australia has the power to make it happen. It is up to us to insist that it does.

 

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The facts about ‘boat people’ – The government and media are lying

“The facts about ‘boat people’ – The government and media are lying” is a title that perfectly sums up the emphasis in this guest post by Glenn Murray. This was first published on Glenn’s blog in October last year, but it is such a powerful exposé of the extent of the lies that we need to keep disseminating Glenn’s message. We would urge you all to share this widely. The lies can only be fully exposed if more people were aware of the truth.

Who are ‘boat people’?

‘Boat people’ are asylum seekers who arrive by boat, without a valid visa or any other appropriate authorisation. They’re seeking protection (asylum) because they fear persecution in/from the home country (torture, murder, illegal imprisonment, etc.).

Are ‘boat people’ doing something illegal?

No. Asylum seekers are NOT illegal. They’ve broken no laws at all. Under Article 14 of the 1948 Universal Declaration of Human Rights:

Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

The terms, ‘illegal immigrants’, ‘illegals’, etc., are completely incorrect.

The 2012 UNHCR Guidelines on Detention explain it in plain English:

“Every person has the right to seek and enjoy in other countries asylum from persecution, serious human rights violations and other serious harm. Seeking asylum is not, therefore, an unlawful act… In exercising the right to seek asylum, asylum-seekers are often forced to arrive at, or enter, a territory without prior authorisation. The position of asylum-seekers may thus differ fundamentally from that of ordinary migrants in that they may not be in a position to comply with the legal formalities for entry. They may, for example, be unable to obtain the necessary documentation in advance of their flight because of their fear of persecution and/or the urgency of their departure. These factors, as well as the fact that asylum-seekers have often experienced traumatic events, need to be taken into account in determining any restrictions on freedom of movement based on irregular entry or presence.” (p.12)

Is Australia obligated to help them?

Yes. Australia has a legal obligation to assist ‘boat people’ whether or not they follow our polite protocol. We signed an international law called the Refugee Convention.

Are most ‘illegal immigrants’ boat people?

No. According to the Australian Department of Immigration and Border Protection, in 2012-13, 25,091 asylum seekers arrived by boat, more than 8,308 arrived by plane, 2,813 visa overstayers were detected, 2,328 immigration clearances were refused at air and seaports, and 15,077 other ‘unlawful non-citizens were discovered in the community.

And according to the Advertiser, that doesn’t even include all the illegals who fly in and are caught in the first two weeks. Another 200,000 or so!

Do all asylum seekers arrive by boat?

No. Since 2003, only 42% of all asylum seekers have arrived by boat.

In 2012-13, the rate was higher than that due to a spike in boat arrivals:

But as you can see below, the number of boat arrivals tend to go up and down. In other words, history tells us it will go down again after the current spike.

Are asylum seekers who arrive by boat treated the same as asylum seekers who arrive by plane?

No. Those arriving by plane aren’t detained. Plus, they can immediately apply for a protection visa, and are typically given a bridging visa while their application is processed. Boat people, on the other hand, are immediately moved to a detention centre, and they can’t immediately apply for a protection visa. Instead, they’re screened into a refugee status determination process to determine whether they’ll be allowed to apply.

What does ‘refugee’ mean?

A refugee is a person who has fled their country because of a well-founded fear of persecution (torture, murder, illegal imprisonment, etc.).

Are all ‘boat people’ actually refugees?

9 out of every 10 ‘boat people’ are eventually found to be genuine refugees. They have a genuine reason to fear persecution in their own country (as assessed against the regulations set out in our Migration Act).

According to the Department of Immigration and Border Control, since 2008, 92% of all considered asylum cases relating to people arriving by boat were granted (p.30).

As a graph:

But even if they weren’t, it still wouldn’t change Australia’s legal obligation. We are legally obliged to accept asylum seekers.

Are they ‘jumping the queue’?

No. There’s no such thing as a queue. Anyone who wants to claim asylum must leave their home country first. So all asylum seekers flee to other countries. Some overland, some by plane, some by boat. Some come to Australia, some go to other countries. This is the standard way to seek asylum. These people are called ‘onshore applicants’.

Sadly, a lot of refugees are very, very poor, so their only option is to travel overland to a neighbouring country. That’s why countries like Kenya and Ethiopia have huge refugee camps (because of trouble in neighbouring Somalia).

Sometimes refugees are resettled in a country other than the one they fled to. E.g. Someone might be resettled from a refugee camp to Australia. These people are called ‘offshore applicants’. This is something we voluntarily do to supplement the standard ‘onshore’ process. Again, resettling refugees from refugee camps is a voluntary act. Australia does it to share the refugee load with other countries. Accepting asylum seekers who come directly to Australia is our legal obligation.

Unfortunately, Australia’s policy is that when we accept an onshore refugee (i.e. an asylum seeker who arrives in Australia by plane or boat), a place is deducted from the offshore program (i.e. there’s one less place for people being moved from refugee camps). No other country in the world does this. In other words, it’s policy that takes places from camp refugees, not ‘boat people’.

Are they still genuine refugees if they can afford boat passage?

Yes. The manner of an asylum seeker’s arrival isn’t what makes them a genuine refugee (or not). They’re judged to be a genuine refugee if they have a well-founded fear of persecution at home.

And although the poor are often the victims of persecution, middle-class and wealthy people are persecuted too. In fact, because these people tend to be well educated, they are often persecuted for speaking out against oppressive government regimes. So just because someone can afford (or scrape together the funds) to make it to Australia, that doesn’t mean they’re not a refugee.

And remember, 92% of boat people since 2009 have been found to be genuine refugees, as assessed against the regulations set out in our Migration Act.

But even if they weren’t, Australia’s legal obligation remains the same. We are legally obliged to accept asylum seekers and process their claims.

Are they still genuine refugees if they don’t look battered, bruised and hungry when they arrive?

Yes. The Refugee Convention doesn’t say they have to look battered, bruised and hungry. It says they have to have a well-founded fear of persecution at home.

Out of interest, here’s a photo of some Jewish refugees who fled to Australia at the end of World War II (courtesy of The Australian). They don’t look particularly battered, bruised and hungry.

Are they still genuine refugees if they come via another country (e.g. Indonesia)?

Yes. Although the Refugee Convention says they must come directly from a territory where their life or freedom is threatened (as opposed to ‘skipping through’ a country like Indonesia), the 2001 Geneva Expert Round Table organised by the United Nations High Commissioner for Refugees concluded that:

Refugees are not required to have come directly from territories where their life or freedom was threatened… Article 31(1) was intended to apply, and has been interpreted to apply, to persons who have briefly transited other countries or who are unable to find effective protection in the first country or countries to which they flee.” (p.2, 10b, 10c)

Because Indonesia hasn’t signed the Refugee Convention, they’re not obliged to protect asylum seekers. As a result, asylum seekers who arrive in Indonesia live in constant fear.

Are they still genuine refugees if they don’t just flee to the closest country? Aren’t they cherry-picking?

Yes, they are still genuine refugees. There’s no law that says refugees must flee to the nearest country. In most cases, this would simply land them in a poverty-stricken, dangerous refugee camp for years. Nor is there any rule that says refugees can’t flee by plane or choose their destination.

It seems odd to me that some Australians want to vilify these people for using common sense and, in the process, reducing the load on the desperately poor countries that are actually being flooded by refugees.

Do they have passports to prove their identity? And do they burn their passports?

People (and the media) often get this confused. Boat people come by boat because they don’t an Australian visa, not because they don’t have ID. Many (perhaps most) do have passports and other identifying information, just don’t have an Australian visa.

There are reports of asylum seekers destroying their documents prior to interception by Australian Navy vessels. There are a number of reasons this could be happening: 1) As asylum seekers, they fear capture at home, so they have to destroy their real passports before they leave their home country; 2) They then use fake documents to leave their home country; and 3) They destroy these documents before arrival in Australia because they’re fake and don’t accurately represent their identity or situation, and would, therefore, impede their asylum case. I’ve also heard that people smugglers tell them to burn them as it will aid their asylum claim.

Some people smugglers also claim they sell fake passports and visas, which enable asylum seekers to fly into Australia, after which they’re advised to rip up their passports and claim asylum. But these asylum seekers often end up on dangerous boats anyway. No doubt this is another reason some boat people tear up their passports.

If they can afford boat passage, why don’t they just fly in?

Flying to Australia would definitely be cheaper and safer, and I’m sure all boat people would do it if they could. But the fact is that they have to get an appropriate visa first, and this isn’t always possible. The Australian embassies in Afghanistan and Iraq, for instance, don’t issue Australian visas. And that’s where 39% of our boat people since 2008 have come from!

What’s more, even when an embassy does issue visas (e.g. Sri Lanka, Iran & Pakistan, where 47% of our boat people have come from since 2008), the application process and requirements for an Australian visa are quite rigorous and time consuming. And if you’re fleeing for your life, you don’t usually have time to complete the application, have your documents certified and wait around for a visa to be approved.

No doubt there are also some boat people who destroy their passports. There are a few reasons this might happen: 1) As asylum seekers, they fear capture at home, so they have to destroy their real passports before they leave their home country; 2) They then use fake documents to leave their home country; and 3) They destroy these documents before arrival in Australia because they’re fake and don’t accurately represent their identity or situation, and would, therefore, impede their asylum case. I’ve also heard that people smugglers tell them to burn them as it will aid their asylum claim.

Do we get more asylum seekers than other countries?

No. In 2012, we ranked 20th overall, 29th per capita and 52nd relative to GDP. And remember approximately half of those people did NOT come by boat.

“Poor countries host vastly more displaced people than wealthier ones. While anti-refugee sentiment is heard loudest in industrialised countries, developing nations host 80 per cent of the world’s refugees.”

Secretary-General of the United Nations, Ban Ki-moon

And again, no matter what our ranking, we’re still are legally obliged to accept asylum seekers.

Do harsh border protection laws deter ‘boat people’?

No. There’s no evidence to suggest our harsh policies on ‘border protection’ reduce the number of boat people trying to get to Australia. Here’s a timeline showing when Australia introduced its harsh asylum seeker policies…

  • June 1989 – Prime Minister Hawke introduced changes that included mandatory deportation, and allowed for the recovery of funds from asylum seekers to pay for the costs of their detention and deportation. The number of boat people continued to increase after these changes were introduced.
  • December 1992 – Prime Minister Keating introduced limited mandatory detention. The number of boat people remained unchanged afterwards.
  • April 1994 – Keating expanded mandatory detention. The number of boat people increased afterwards.
  • October 1999 – Prime Minister Howard introduced temporary visas (TPVs). Instead of getting a permanent protection visa, refugees were instead given only temporary protection (a 3 year protection visa). After that, their case would be reviewed. Also, their protection could be revoked if they left Australia during the 3 years, and it didn’t allow their families to settle in Australia. The number of boat people continued to increase afterwards.
  • September 2001 – Howard introduced the ‘Pacific Solution’. This involved offshore processing and detention, and turning back of boats. Again, some people claim this policy slowed the arrival of boats, but the data show the numbers were already dropping by the time he introduced the Pacific Solution. Plus, the introduction of the Pacific Solution (Sept 2001) coincided with the removal of the Taliban from power in Afghanistan (Oct 2001). Leading up to this point, Afghanistan had been one of our major sources of asylum seekers (17% in 2001-01). Also, from 2001 to 2002 there was a 45% drop in refugee numbers worldwide.
  • August 2012 – Prime Minister Gillard reintroduces the Pacific Solution. It didn’t slow the boats. In fact, the number of boat more than doubled.

It’s clear these hard-line policies can’t be claimed as deterrents. In all but 2 cases, the number of boat people increased afterwards. Once it remained unchanged, and once it was already going down before the policy was introduced. So if we’re to believe that Australia’s harsh policy has any significant impact on boat people numbers, we’d have to deduce it’s often an incentive!

How many ‘boat people’ resettle in Australia? Won’t we be over-run?

No we won’t be over-run. Not even close! For the 2012-13 period, Australia makes available 190,000 places for immigrants. During the same period, 4,949 ‘boat people’ were granted refugees status in Australia. So refugees who arrive by boat make up just 2.5% of all immigration.

Let’s look at it another way. In 2012, only 4,949 boat people were granted refugee status in Australia. That’s one person per 4,718 Australians. You might just be able to see the thin line representing approved boat people in the graph below…

Don’t boat people get more social security?

No. Asylum seekers aren’t entitled to the same welfare as citizens and permanent residents. They get Asylum Seeker Assistance (ASA), which covers basic living expenses, at a rate below Centrelink benefits.

Once an asylum seeker’s claim is processed, and they’re judged a refugee, they receive the same amount of social security as a citizen or permanent resident. They “apply for social security through Centrelink like everyone else and are assessed for the different payment options in the same way as everyone else. There are no separate Centrelink allowances that one can receive simply by virtue of being a refugee.” (http://www.refugeecouncil.org.au/f/myth-long.php#centrelink)

Unfortunately, the Australian government doesn’t allow asylum seekers to work. Nor does it allow refugees to work until they become permanent residents (which can take years). If they were allowed to work, the burden on our welfare system would be far less.

Doesn’t it cost a lot to keep asylum seekers detained?

Yes. That’s another reason why we should stop doing it. According to the Parliamentary Budget Office, it costs approx $225,000 to detain a person on Manus Island or Nauru. If they were were allowed to live in the general community (say, in specified rural areas in need of a population injection), it would cost only $35,000.

But aren’t they all Muslims who’ll want us to submit to Sharia law?

No. In 2012-13, only about half (57%) of asylum claims are were from Muslim boat people fleeing countries that follow strict Sharia law. That’s just 1.4% of all our immigrants. And remember, these people are fleeing those Sharia law countries!

Doesn’t Tony Abbott have a mandate to stop the boats?

Arguably. But he does NOT have a mandate to stop them by breaching international law. Some voters definitely agreed with the stop the boats policy, and Abbott won the election on the back of that policy. But he didn’t mention breaching international law during his campaign, so he does not have a mandate to do so.

Abbott decided to breach international law, not voters.

In fact, only 45.6% of Australians actually voted for Abbott. Yes, he still won the election on preferences, and yes, ‘stop the boats’ was AN election campaign, but there’s a big divide between claiming a mandate on an issue and assuming the majority of Australians support it. And that 45.6% includes people who voted for Abbott based on other factors, such as hating Rudd, hating Labor, being over Labor’s idiotic back-room bickering, and supporting any one of the LNP’s other policies.

Is Australia breaching international law?

Yes. We’re breaching all of the following (see below list for details):

  • UN Refugee Convention
  • Universal Declaration of Human Rights (UDHR)
  • International Convention for the Safety of Life at Sea (SOLAS)
  • International Covenant on Civil and Political Rights (CCPR)
  • United Nations Convention on the Rights of the Child (CRC)
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • International Covenant on Economic, Social and Cultural Rights
  • United Nations Convention on the Law of the Sea (UNCLOS)
  • International Convention on Maritime Search and Rescue (SAR)
  • International Maritime Organization (IMO)
  • Australia’s Criminal Code (Commonwealth)

The UN Refugee Convention

The UN Refugee Convention requires that we must treat refugees at least as well as any other foreigner:

Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally” (Article 7, 1)

And that we must not send them anywhere where they’ll be unsafe or imprisoned:

No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” (Article 33, 1)

Importantly, it also says we must not penalise people who arrive without the appropriate visa or other paperwork:

The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence” (Article 31, 1)

It also says we must not detain them longer than is necessary for their asylum claims to be processed:

The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country.” (Article 31, 2)

But by locking up asylum seekers in detention centres, we’re not treating them as we do other foreigners. Nor are we detaining them merely for the time necessary to assess their asylum claims. Instead, as a direct penalty for the way they arrived, we’re detaining them indefinitely in order to deter other asylum seekers from coming to Australia by boat. Not only are their movements being restricted, but the conditions of their imprisonment are terrible – another penalty and deterrent.

The UNHCR Guidelines are very clear on this:

Detention must not be arbitrary… Mandatory or automatic detention is arbitrary as it is not based on an examination of the necessity of the detention in the individual case… Detention that is imposed in order to deter future asylum-seekers, or to dissuade those who have commenced their claims from pursuing them is inconsistent with international norms. Furthermore, detention is not permitted as a punitive – for example, criminal – measure or a disciplinary sanction for irregular entry or presence in the country. Apart from constituting a penalty under Article 31 of the 1951 Convention, it may also amount to collective punishment in violation of international human rights law.” (pages 15 – 18)

Also, by pushing/towing asylum seeker boats back to Indonesian waters from Australian waters, we’re once again restricting their movements unnecessarily and penalizing them. We’re also returning them to a place where the lives and freedom of many would be threatened. Many asylum seekers are Shia Muslims who are fleeing persecution by Sunni Muslims in their home country. Indonesia is 88.2% Muslim, and the majority of those Muslims are Sunni. So Shia Muslims face persecution in Indonesia just as they faced at home.

The UNHCR has been very clear on this too, telling Australia, in April 2014, that:

There are obligations as a signatory to the 1951 Convention and the 1967 protocol, which say: if you intercept in your territorial waters, you should allow those in need of protection to have access to the asylum system”

This wasn’t our first warning either. The UN warned Australia about this breach in early January, 2014, too:

UNHCR would be concerned by any policy or practice that involved pushing asylum-seeker boats back at sea without a proper consideration of individual needs for protection… Any such approach would raise significant issues and potentially place Australia in breach of its obligations under the 1951 Refugee Convention and other international law obligations.”

Incidentally, we’re further breaching our responsibilities by changing workplace safety laws to exempt Navy sailors from their obligation to take ‘reasonable care’ to ensure the safety of asylum-seekers. In doing so we’re indirectly penalising asylum seekers.

What’s more, Article 16 of the Refugee Convention also stipulates that asylum seekers must have access to free legal assistance:

A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi

(“Cautio judicatum solvi” means payment of security for legal costs.) Sadly, however, our government now denies legal assistance to asylum seekers who arrive by boat.

The Universal Declaration of Human Rights (UDHR)

Article 2 of the Universal Declaration of Human Rights (UDHR) says that:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.” (Emphasis added)

By arbitrarily detaining asylum seekers, we are violating their fundamental human rights.

Other human rights conventions

According to Julian Burnside QC, by “using arbitrary detention for asylum seekers, and subjecting people (including children) to conditions which put their physical and mental health at risk in order to persuade them to return to their homelands, and deter further people from seeking asylum in Australia”, we’re breaching the following international conventions:

What’s more, recently a Sudanese asylum seeker claimed he was deliberately burned by Australian Navy personnel. Yet despite being legally obligated to investigate the matter, the Australian government is investigating the ABC, for reporting the claims! Under the United Nations Convention against Torture, which we voluntarily signed, we agree to “ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (Article 12, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

We’re also breaching the International Covenant on Economic, Social and Cultural Rights (Article 2(2)), under which it is prohibited to detain someone on the basis of “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.

Australia was also strongly criticised by independent organisation, Human Rights Watch, in its 2014 World Report (p.292):

Successive governments have prioritized domestic politics over Australia’s international legal obligations to protect the rights of asylum seekers and refugees, many of who have escaped from appalling situations in places like Afghanistan and Sri Lanka. Too often, the government has attempted to demonize those trying to reach Australia by boat and has insisted that officials refer to all asylum seekers who do so as illegal maritime arrivals.”

Laws of the sea

The International Convention for the Safety of Life at Sea (SOLAS) requires contracting states to:

ensure that necessary arrangements are made for distress communication and co-ordination…”

The 2012 Report of the Expert Panel on Asylum Seekers, interprets this to mean “Where assistance has been provided to persons in distress in a state’s SRR, that state has primary responsibility to ensure that coordination and cooperation occurs between governments, so that survivors are disembarked from the assisting ship and delivered to a place of safety. ” But Australian defence personnel are not helping asylum seekers disembark or otherwise reach safety. Instead, they’re leaving them to fend for themselves, hours offshore of Indonesia.

The United Nations Convention on the Law of the Sea (UNCLOS) requires contracting states to:

… promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements co-operate with neighbouring States for this purpose.”

But Australian defence personnel are not co-operating with Indonesia to ensure the safety of asylum seekers. Instead, they’re leaving them to fend for themselves, hours offshore of Indonesia.

The International Convention on Maritime Search and Rescue (SAR) requires contracting states to:

… ensure that assistance be provided to any person in distress at sea … regardless of the nationality or status of such a person or the circumstances in which that person is found” and to “… provide for their initial medical or other needs, and deliver them to a place of safety.”

But Australian defence personnel are not delivering asylum seekers to a place of safety, they’re leaving them to fend for themselves, hours offshore of Indonesia.

What’s more, according to the International Maritime Organization (IMO), we’re also breaching:

  • Amendments to the SOLAS and SAR Conventions, which require contracting states to: “… arrange disembarkation as soon as reasonably practicable”; and
  • Guidelines on the Treatment of Persons Rescued at Sea, which state: “The government responsible for the SAR region in which survivors were recovered is responsible for providing a place of safety or ensuring that such a place of safety is provided,” where a ‘place of safety’ is defined as “… a location where rescue operations are considered to terminate, and where: the survivors’ safety or life is no longer threatened; basic human needs (such as food, shelter and medical needs) can be met; and transportation arrangements can be made for the survivors’ next or final destination.”
  • But Australian defence personnel are not arranging disembarkation of asylum seekers, nor providing or ensuring a place of safety, they’re leaving them to fend for themselves, hours offshore of Indonesia.

Australia’s Criminal Code (Commonwealth)

Julian Burnside QC also suggests we may be committing “a crime against humanity contrary to section 268.12 of the Criminal Code (Commonwealth)”:

Article 9 of the Covenant prohibits arbitrary detention, yet people sent to Nauru and Manus Island, by Australia at Australia’s expense, are being arbitrarily detained in disturbing conditions. The refugees without ASIO security clearances are also being arbitrarily detained. This then constitutes a crime against humanity, according to the Criminal Code in section 268.12.”

Summary

So here’s what the facts tell us:

  • ‘Boat people’ are not breaking any law, so they’re not ‘illegal’.
  • Australia has a legal obligation under international law to accept asylum seekers.
  • Less than half of all ‘illegal immigrants’ are ‘boat people’.
  • Only about half of all asylum seekers arrive by boat.
  • 92% of ‘boat people’ are genuine refugees; they have a genuine reason to fear persecution in their own country.
  • ‘Boat people’ are not jumping the queue.
  • They’re still genuine refugees if they can afford boat passage.
  • They’re still genuine refugees if they come via Indonesia.
  • 51 other countries get proportionally more asylum seekers than Australia (relative to GDP).
  • ‘Soft’ border protection laws did NOT cause an influx of ‘boat people.
  • Refugees who came by boat make up only 2.5% of all of Australia’s immigrants.
  • Only 1.4% of all our immigrants are Muslim boat people from countries that follow strict Sharia law. And they’re fleeing those Sharia law countries!
  • Abbott does NOT have a mandate to stop the boats by breaching international law.
  • Australia is breaching international law by detaining boat people unnecessarily and turning them away (e.g. sending them to Indonesia).

In other words, ‘boat people’ are a small issue to Australians. They’re not doing anything wrong, and they hardly make a ripple in our overall immigration intake. We only think they’re a big issue is because the government makes them a big issue, and the media happily plays along because it’s a big story.

In reality, the only people to whom the whole ‘boat people’ issue is a big issue are boat people themselves. And, sadly, the smokescreen created by the government is very effectively obscuring that fact.

Why don’t most people know this stuff?

The fact that most people don’t know this stuff is testament to the dishonesty of our politicians and the brainwashing by or media.

This isn’t a conspiracy theory. It’s all fact on public record. Look it up. It’s another instance of the government and media distracting voters from real issues by pointing the finger and finding a common enemy.

That’s why the Coalition built its 2013 election campaign on the ‘Stop the Boats’ line. And why they changed the name of the immigration department from “The Australian Department of Immigration and Citizenship” to “The Australian Department of Immigration and Border Protection”. And why they even changed the processing label applied to asylum seeker boat arrivals from “Irregular Maritime Arrivals” to “Illegal Maritime Arrivals”.

None of this is accidental.

Am I suggesting we should open our borders up completely?

No. I’m saying we should separate our onshore and offshore refugee quotas, so boat people don’t take places of resettled camp refugees. And we shouldn’t be using ‘population’ issues as an excuse to turn ‘boat people’ away. If there are population issues (which I don’t believe there are), curtail regular immigration. At least then the people being turned away will merely be inconvenienced. They won’t be killed, tortured or wrongfully imprisoned.

What can we do about it?

If you feel strongly about this issue (and any other problems being caused by the Abbott government), make sure you write to your local politicians and to Abbott and co. Tell them what you think, and demand they stop.

Beyond that, I think we need a Constitutional Convention. And when we get it, we need to change the system to a vote-for-policies system. No politicians, no parties… And tighter regulation on corporations. I’ll be blogging about my thoughts on this soon, so make sure you subscribe to my blog.

What do you think? Please comment…

I’d love to hear your thoughts on this issue. Please add a comment below, so we can chat about it.

 

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The Weird World Of Tony Abbott’s Australia

While Googling Tony Abbott – now there’s something I wouldn’t have imagined myself doing twenty five years ago – I came across an interesting quote that I thought was refreshingly honest:

“It’s my job between now and polling day to remind the Australian people just what a hopeless, unreliable, untrustworthy, dishonest, deceptive Government this has been. It just doesn’t get democracy.”

Unfortunately, on closer examination, I discovered that the quote was from the Alan Jones program, and it was made in July, 2010. Unfortunate, because I thought this might be the beginning of a more honest approach by the government, where they actually admit that the Budget would be back in surplus if we simply went back to the tax rates of 2007. You know, back when John Howard was in charge, before Labor slashed our taxes.

Still, we are getting rid of that great big tax on everything, so that should help the Budget bottom line. I did hear a couple of Liberal politicians express the view that balancing the Budget would be a lot easier with the Carbon Tax gone. I wonder if they realise that the government doesn’t actually have to pay the Carbon Tax and that it receives the revenue. In fact, according to Liberal pamphlets, it receives an enormous amount of revenue from this source. But hey, let’s abolish this “King Kong” of taxes (to quote Mr Abbott again) and make pensioners pay to visit the doctor.

Yes, I’m being emotive. After all, some of these pensioners would still be working once the pension age goes to seventy. As Mr Abbott said just last week:

“We think this is right and proper and we think older people should be economic contributors, not just social and cultural contributors.”

But back to the Carbon Tax. In reporting Clive Palmer’s decision to back its abolition, the Herald-Sun – in a straight news story, under the Headline “The Weird Al and Clive Show” – began with: “Climate change scaremonger Al Gore and big polluter Clive Palmer combined in a bizarre press conference as Mr Palmer revealed revealed he would back the Government’s bid to abolish the carbon tax – with conditions.” (Emphasis added.)

For some reason, we were treated to a list of Mr Palmer’s assets, as well as being told that Mr Gore used the phrase “climate crisis” three times in his “3min 30sec speech” (sic).

Mm, I’m waiting for the article that begins “Budget Crisis Scaremonger Joe Hockey” or when the phrase “Big Polluter” is applied to a member of one of Tony Abbott’s advisory groups.

The article went on to suggest that journalists were wondering whether Mr Gore had been paid to attend. However, it left me wondering, whether the writer of the article, Ellen Whinnett, was paid to put such a slant on it, or whether writing such tabloid rubbish is consistent with her principles.

 

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Et fixa regimen Abbott praeteritum OR Let’s Examine The Respective Plans of The Parties.

Photo: Liberal Party of Australia

Photo: Liberal Party of Australia

Last week, while acting as goal umpire, I signalled a goal to our team. Although it came out of a pack, I had a clear view of the ball leaving the player’s foot and going through the goal. The opposition started screaming that it was touched. I was tempted to ask which of them thought touched it given they were all about a metre away from the ball, but instead simply signalled the goal. (In such decisions, the field umpire will call “Touched, all clear” if he heard or saw anything – he didn’t.)

As the ball was going back to the centre an opposition supporter called out that I was a cheat and that I knew the ball was touched. Clearly, he had a clear unbiased, unimpeded view from thirty metres away, and knew that I must be cheating. His attitude reminded me of the various times I’ve been attacked a “left-wing moorun” or “Labour party supporter”. Logic has nothing to do with the argument. For many, it’s simply: I disagree with you, therefore you’re biased and unable to see this clearly because you’re an idiot, and even though I can’t spell, this doesn’t detract from the fact that I am always right about absolutely everything.

I try to make sure that I don’t fall into the same trap. Perhaps, Andrew Bolt really does have a point when he says that it’s not white people who are racist, it’s Asians and those people with non-white skin that he’s not allowed vilify any more because the law prevents free speech. So, in order to be fair and balanced, I thought I’d just examine the way that both parties approach the future.

Labor

  • Wanted to improve school funding and adopted some of the Gonski modelling.
  • Introduced the NDIS to ensure that people with disabilities had a better quality of life.
  • Attempted to improve communications through the NBN.
  • Believed that those making “super” profits from digging up our resources could afford to contribute more to the country through taxation.
  • Moved to increase superannuation so that in the future people would be less reliant on the pension.
  • Believes that we need harsh deterrents to discourage people from coming by boat, because if we don’t have them, then the Liberals will frighten people in Western Sydney about “illegal immigrants” causing traffic problems.
  • Has committed to a modest target for renewable energies.

Liberals

  • Pushing for Latin to be studied in schools.
  • Put the Catholic Education Office of Western Australia in charge of schools program on Manus Island. (They do have a proud tradition of covering up abuse.)
  • Believes that everyone should pay their own way and not rely on handouts. (Unless they’re trying to run a court case against a politician such as a One Nation leader or an ex-Speaker.)
  • Thinks that funding public schools may not lead to better results, so let’s give the money to those parents struggling to afford private school fees.
  • Don’t believe that we need faster broadband because it’s only used to download movies and for playing games.
  • Believes that we should put in harsh deterrents to discourage people coming by boat. If you look at the history of boat people coming to Australia, the first group included convicts, who were poor and not the people of “calibre” that we won’t coming here (or having children). Later groups coming by boat included Tony Abbott, so you can see why Australians are against boat people.
  • Have appointed a diverse group of climate change sceptics to investigate our renewable energy target, and after spending a few weeks looking at the situation, will hand down a report saying that Labor got it wrong and we really should be trying to sell more coal.
  • Have introduced Knights and Dames.

On balance, you’d have to say that the Liberals have a clearer idea of what they want the future to look like.

P.S. I know that some rabid Liberal supporter will accuse me of deliberating ignoring the Budget deficit, but I feel that it’s been well covered in so many other areas. And yes, it is true that while Labor weren’t likely to return the Budget to surplus before 2017, the Liberals promise that they’ll do it within ten years. They also promised that they’d deliver Budget surpluses in their first term.

Also by Rossleigh:

Abbott Government Declares Unity Ticket With Obama on Climate Change!

Abbott’s Groan-Up Government!

Slackers, Slouch Hats, Slaves, Sex Workers and Salacious Winks.