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Tag Archives: counter-terrorism

License to Muzzle: Taking Offence at Flag Wavers for Hezbollah

It was done for the Viet Cong in numerous countries during the US involvement in Vietnam. It was done for the African National Congress (ANC). It was done for the Irish Revolutionary Army (IRA). Across the United States, Europe and Australasia, all three organisations, demonised as terrorist outfits, received tacit, symbolic support from protestors. In some cases, support was genuine and pecuniary. Now, the Lebanese Shia militant and political group Hezbollah, designated a terrorist organisation in a number of Western states, has inspired flag holders to appear at protests against the expanding conflict in Gaza and Lebanon.

In the previous first three instances, all outfits were integrated into the political fold of their countries, revealing the flimsy nature of badging organisations as terrorist entities. War makers and practitioners of violence can become peacemakers and creatures of paper pushing officialdom. Such transformations take time and an acid bath of reality.

That backdrop offers context in understanding, and sternly critiquing, the hysteria of critics keen to press charges against those sporting Hezbollah symbols. At the very least, it should consider the mockery that is free speech in a country such as Australia, awash with authoritarians concerned about the watery concept of social cohesion. Down under, the skimpy protections for free speech are being whittled away year by year. The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, passed in December last year, makes it an offence to publicly display and trade in prohibited symbols, along with the Nazi salute. Prohibited symbols are defined as prohibited Nazi symbols or “a prohibited terrorist organisation symbol.”

The Criminal Code Act 1995 as amended, offers a number of glutinous elements that must be made out in such a charge. They are thickly unclear and, it follows, difficult to apply. To be charged with a prohibited symbol offence, a reasonable person (drafters can never resist this feeble term) would have to consider that any public display would involve dissemination of ideas based on racial superiority, hatred or constitute incitement “to offend, insult, humiliate or intimidate.” That same inscrutable reasonable person would also consider the display to involve “advocacy of hatred of a group of persons distinguished by race, religion or nationality or a member of the targeted group” with the incitement element also present. Thirdly, such conduct must be “likely to offend, insult, humiliate or intimidate a reasonable person who is a member of a group distinguished by race, colour, sex, language, religion, political or other opinion or national or social origin.”

These elements are nonsensical, attempting to impose unmeasurable standards about feelingsthat are rarely reasonable and always almost subjective. Subjectively, people are constantly offended by what they disagree with. The whole field of political opinion is one lengthy record of taking offence. It quickly follows that some might also be intimidated, insulted, or humiliated by an opponent’s contrary view, notably when it comes to discrediting a position. Freedom of speech, axiomatically, requires the exclusion of the offended from consideration. But the concept is fragile in Australia’s regulation-crazed environment.

Arrests have already been made. On October 2, a 19-year-old woman was arrested and charged for publicly displaying the symbol of a prohibited organisation at a Sydney demonstration. The question, however, is whether did so with the requisite intention, absurdly determined by the hypothetical reasonable person, to incite offence, insult, humiliation and intimidation. Ahead of protests scheduled for October 6 and 7, Australian Prime Minister Anthony Albanese, not wishing to find himself in a messy quagmire of prosecution and confusion, warned that they should not take place. “It would not advance any cause. It would cause a great deal of distress.” Again, free speech, felled by the concept of hurt feelings.

The Australian Federal Police (AFP) has created a dedicated taskforce to investigate nine allegations of prohibited symbols being displayed in Victoria, demonstrating how vagueness in legislation is always good for creating work for idle authorities. Operation Ardana will consider the display of such symbols “while potentially inciting or advocating violence, or hatred, based on race and religion.”

AFP Deputy Commissioner Krissy Barrett offers her view about what behaviour would satisfy the test. “The context around the conduct is extremely important … If they’re holding the flag, what are they saying? What are they chanting? What are they wearing? What sort of physical behaviour are they demonstrating?”

The Home Minister Tony Burke is only too grateful to leave it to Barrett and her colleagues, given his own muddle about how such laws are to apply. Instead of offering any clarifications, he has warned mischievous Hezbollah flag wavers that they risk losing their visas. “We don’t know whether they are actually on visas … [but] we do have a higher standard if you’re on a visa.”

Opposition Leader, Peter Dutton, all sledgehammer and no grace, senses room for political exploitation, ostensibly calling for legal improvements to an already shabby law. “The laws already exist, and if the laws are inadequate then the Australian Federal Commissioner should advise the minister and the parliament should deal with it as a matter of urgency.

In addition to the Commonwealth law, states laws also exist to layer the prosecution case. The Victorian Premier Jacinta Allan, for instance, is convinced that Victoria police had the relevant powers to deal with those who “may be displaying terrorist flags.”

With the paranoid authoritarians in charge, the very concept of valid protest has been reduced to a hint, a suggestion. Keep it anodyne and any relevant arguments humbly polite. Avoid the inherent brutality of a broadening bloody conflict hostile to international law. Most of all, make social cohesion a license to muzzle.

 

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Surplus to requirements, ScoMo?

Applause, stamping, hoots and catcalls resound up and down our wide brown land as another big week in Oz-politics lives down to expectations, as John Crace says of Boris Johnson, now the incredible sulk, after his inevitable Brexit flip-flop just flops with a not-so-super Saturday vote to delay, a thinly-disguised ploy to sink the whole mad shebang in the middle of the Irish Sea. Brexit continues to make fools of fools, says Crace.

A week when our parliament is actually sitting, despite its increasing rarity, has a similar effect. This week the government tries to fool us that Labor is in government and to blame for all kinds of feckless fiscal ruination.

Like our own populist tosser Morrison, professional political clown, Boris is clueless about what to do – that’s for “girly swots” – and neither narcissists can take advice – so every waking hour is an epic battle with reality.

At home, a fever of anticipation erupts at the chance of being re-tied to Britain’s apron strings with beaut new trade deals, an agile Coalition with economic management in its DNA can whip up in weeks. Or a year. Tops.

“We are match-fit and ready,” ScoMo’s already promised Boris, an MP with whom he feels an immediate affinity. Scott’s got his mandarins all sworn to secrecy and totally Sco-Motivated to all-new levels of public service loyalty and fidelity. It’s not just manspreading or mugging for the camera in Fiji’s Rugby change-rooms, ScoMo channels the blokey banality of the footy coach in his unsubtle instructions to our public servants.

“It’s the bacon and eggs principle – the chicken is involved but the bacon is committed,” he says. Boom-Boom. Somehow, it’s all about how ministers can only set direction by being sensitive to quiet Australians, whose deepest desires can only be deduced through some miraculous phatic communion.

“Look beyond the Canberra bubble” says our PM, who is nothing but Canberra Bubble. A former Liberal apparatchik and player in the game of mates before being called to lead his people as prophet and seer; a high priest of populism and neoliberal revival. As William James and Bertrand Russell said of the turtles who hold the flat earth in its place in creation, for ScoMo, it is Canberra Bubble all the way down.

How good is a well-done Free Trade deal? Our brilliant new Free Trade Agreement with Indonesia has been quietly simmering since 2012. Morrison promised it August last year, when after six years it had progressed to a most promising single page but hopes no-one recalls. Then – as now- the fact of its brevity does not mean that it is not miraculously close to conclusion. He’s doubtless been out praying. And the spirit’s there.

We only have to “paper it”, as President Bone Spurs says, faking a breakthrough in his tariff war with China.

Stealing the show is Gladys Liu, MP (via AEC poll-booth signage simulation) for Chisholm who’s finally sorted her membership of Chinese organisations known to ASIO. She’s clear of them all, “she thinks”. Or is she?

In a flash, Rupert’s Hun is on to her, protesting Ms Liu’s links with top property developer Chen Guo Jing, whom the MP described as one of her “good friends” in her maiden speech. Chinese language sites call Chen the “implementer” of the Australasia Belt and Road Advocacy initiative, The Herald Sun adds helpfully.

Gladys is now well beyond hapless Sam Dastyari’s villainy in the latest instalment of rabid Sinophobia, Yellow Peril 2.0. She’d resign immediately but “Mandate” Morrison’s government has only a one seat majority.

Rushing to assist, is cuddly Peter Dutton, the Minister for Home Affairs, whose portmanteau portfolio covers everything best left unsaid. Whilst we love to profit out of China’s coal and iron custom, its tourists and its students, whose insatiable thirst for knowledge causes them to take up full-fee paying places in tertiary institutions, there’s just one thing about our biggest single trading partner. Its government’s values suck.

“Our issue as I’ve said before is not with the Chinese people,” Dutton thunders. “My issue is with the Communist Party of China and their policies to the extent that they are inconsistent with our own values.”

Aussie values include lying, spying, cheating and stealing as the case of East Timor reveals. Witness K and his lawyer Bernard Collaery are still holed up in a secret trial in Canberra where they are not even permitted to know the charges against them – except the bleeding obvious; they have embarrassed the government by reporting the fact that Canberra bugged the cabinet rooms of Timor-Leste in 2004 in order to draw up geographic boundaries which would yield Australia more than its fair share of gas and oil.

Alexander Downer is still pouting. Lord knows how his friendship with ScoMo’s going now he’s promised Trump he’ll snoop on the spy-master; find out just how Downer morphed into a small “L” Liberal; set the Mueller Inquiry on to that fake Russian collusion witch hunt. Be very careful with your bus-travel, Alex.

As fans of Q&A, Sunrise and The Drum would know, freedoms come into (and out of) the grab-bag of Aussie values a fair bit, in what is fondly termed “our national conversation”, (but which isn’t ours or even national – and so often turns out to be a power elite talking to itself in public).

Freedom? Sheesh! It’s right up there with crony capitalism, gambling, racism and elder abuse- yet we are currently debating how we know just how much freedom of speak we are allowed to have? Seriously.

Word comes this week that former Amnesty poster-boy Phil Ruddock’s religious freedom bill which would have restored some of the losses felt by the anti-marriage equality brigade pleases neither church nor state.

Given that it was a solution in search of a problem – religious freedom is already protected in law -it is hardly surprising but will ScoMo’s “top priority” just go? Leave privilege unprotected? Impossible.

But don’t rule out another inquiry. At present the draft bill offends all parties – and cross-bench Tassie Senator, Jacqui Lambie can’t see the need for it. Unlike her sympathy with national security justifying expanding state power even further. We’re world leaders in this field.

Australian Human Rights Commissioner, Edward Santow, notes Australia has “passed more counter-terrorism and national security legislation than any other liberal democracy since 2001”.

Instead of agonising nightly on The Drum about how we need to “get the balance right”, wouldn’t it be a whole lot easier just to ask government permission? A journo with a story that seeks to hold a government department accountable must run the story by the government first. It’s the position favoured by Mike Pezzullo who is the eyes and ears of Dutto’s Home Affairs mega-department. What could possibly go wrong?

In the meantime, Attorney-General Christian Porter confirms, on Sunday’s ABC Insiders, that his government will continue to intimidate journalists by refusing to rule out AFP raids. He pretends that the AFP is at arms-length from government. Hilarious. Lie. The AFP comes under the (big right) wing of Minister Dutton.

Turning the thumbscrews, Porter would be “seriously disinclined”, he reckons, “to sign off on the criminal prosecution of journalists” for public interest journalism, but says he cannot give any guarantees. No-one on Fran’s panel calls Porter on his pretence that the AFP is independent of the federal government of the day.

Canberra Times veteran, Jack Waterford reminds us that never in its forty years’ operation has the AFP come up with a finding which might embarrass a sitting government – apart from Abbott’s Peter Slipper witch hunt.

“The AFP behaves rather more as a department of state, pathetically anxious to please the government of the day. The department seems to lack internal checks and balances, and sometimes seems to put outcomes ahead of process and sound management, and seems to lack people with the courage to stand against any of the enthusiasms of its secretary,” observes the former editor and investigative journalist of 43 years’ service.

We can’t blame Fran Kelly – or any of her guests for not nailing the minister on the furphy of the AFP’s independence or the farcical pretence that as Attorney-General, Porter is led, like a lamb, to slaughter offending journalists.

But don’t shoot the mixed messenger.

Our ABC is under extra pressure in the form of a ripper new bill for silent Australia due in the house early next week. The Australian Broadcasting Corporation Amendment (Rural and Regional Measures) Bill 2019 requires the ABC to set up a Regional Council, at a cost of $100,000 PA to help it contribute to a sense of “regional” identity” as well as “a sense of national identity” and to reflect “geographical”, as well “cultural diversity”. Sounds as simple to get sorted as the Nicene Creed.

Accompanying the push to the bush, a second bill is a sop to Pauline Hanson. It’s an ABC “Fair and Balanced” yard-stick-slogan-logo-thingy while the bill also orders Aunty to supply regional content – even though this is totally impossible on a reduced budget. The result is to give the government a new big stick or two to beat the public broadcaster into compliance. Or soften it up before it’s sold off as in the IPA wish-list.

“This regional push by the Coalition government is no benign shepherding of the ABC back to its core duties. It’s actually designed to tie the corporation up in red tape and shift its attention away from national coverage – and the machinations of federal government” warn Sydney University’s Fiona Martin and Michael Ward.

News this week that Dili wants a $5bn refund to compensate for gas and oil illegally taken is likely to be music to Josh Frydenberg’s ears given that he’s making it clear that his government’s surplus fetish does not mean “surpluses are like a trophy in a cabinet,” The AFR’s Jennifer Hewitt reports. But that’s exactly what it means.

It takes genius to con so many Australians for so long that a meaningless line on an annual budget is a sign of good management – let alone the allied bullshit about “fiscal responsibility” and “living within our means”. Yet to claim a budget surplus means anything at all, is a hoax. And a cruel hoax when it means that NDIS applicants, for example, are made to wait or face stricter qualifying tests to “save up” a surplus.

The only reason a budget surplus ever comes in handy is as a brake on inflation,Greg Jericho reminds readers of The Guardian Australia. No danger of that now where even the Reserve is begging the government to do something about a shrinking economy. Would Joe Hockey squander his $80 billion gift/investment in 2014?

The Opposition is addicted to panic and crisis”, Bovver Morrison hollers across the despatch box as he accuses Albo of a stacking a tantrum. Not only is ScoMo a past master at projection, he knows we live in the present. In the eternal now of modern politics, he assumes that few will recall the metanoia of Tony Abbott’s hyper-partisan opposition’s debt and deficit disaster fear campaign when Labor borrowed to get us out of the GFC.

Forgotten, also, he hopes, is Abbott’s brief-lived Coalition government led by “warrior” Peter Credlin with its war on the poor, on indigenous Australia and on workers amongst others. We have yet to recover from its sick militarisation of compassion – the paramilitary Border Force with its ludicrous uniforms and cruel protocols.

Clayton’s PM Junkyard Abbott’s sidekick BJ helped warn us all that Whyalla would be wiped off the map or that we’d being paying hundred dollars for a lamb roast. They rushed to kill off their carbon tax scare.

Their subsequent revoking of a price on carbon has helped lead us to record carbon emissions ever since.

ScoMo opened Christmas Island just for his Medevac scare, an extension of his asylum-seeker paranoia, a rabid and irrational fear febrile of others. Jacqui Lambie may now help him get to revoke the Medevac Bill.

Yet he proceeds with his name-calling, baiting and jeering at Labor for what they might do to ruin us all. It helps create an illusion, as Katharine Murphy of the Guardian observes that Labor is in power -yet by some miracle that Morrison, a solo act throughout his career, is a PM primum supra pares (first above the rest).

In a moment of madness, Labor’s Joel Fitzgibbon proposes a bipartisan war cabinet for the drought. Settle down, Fitz. That would be like a union between the arsonists and the fire-fighters. Besides, could you really trust any of them on their past performances? No-one else in the world takes their climate figures seriously.

Australia is a world leader in climate change abatement per capita in the Coalition’s Gospel according to Morrison. Doo wah boy, Gus Grassgate Taylor, Minister for Global Warming Energy and Big Irrigation does backing vocals.

“The comments made by the Prime Minister at the UN, that we are going to meet our emissions targets, was a gross misrepresentation and was staggering for someone in his position,” protests former Liberal leader, John Hewson, addressing the Round Table in Canberra. Global warming heretic Hewson favours regenerative agriculture. Expect his immediate retribution via ridicule in some Rupert rag.

Reverting to wilful ignorance and disinformation, the Australian economy is not tanking a bit, insists the PM, despite this week’s IMF growth downgrade by almost twenty per cent from 2.1 to 1.7. On the contrary, our nation’s growth something to shout about in parliament.

“Australia’s economic growth is the second highest if compared to the major Group of Seven economies, and the government has helped create 1.4 million new jobs,” ScoMo misleads parliament.

Reliant on resources, Australia lacks diversification of exports and its economy is now more like that of a developing country with fewer prospects for growth, reports the Harvard’s Atlas of Economic Complexity. It predicts growth to slow to 2.2% over the next decade, ranking us in the bottom half of countries

Australia is not even in the G7, however much ScoMo loves to boast about his special invitation to observe last August’s meeting; a token of his government’s leading role as hyper-partisan US ally in the ruinous trade war between Trump’s administration and China.

As for jobs, his claim covers six years. Growth doesn’t even keep up with population.

A stoic ScoMo won’t be spooked by international events; or lift a finger to stimulate a stagnant economy. All this – and more – promises the PM’s turd-polish unit, which accidentally emails the media its jumbo economy super-savers’ pack of lies meant for Coalition MPs, this week.

It’s an innocent mistake. And easily made. Our media lead the world in recycling government press releases. No heads will roll this time. The chooks just get an extra feed of MPs’ “talking points”, the rich mix of fantasy, lies, evasions, disinformation and other conversation-stoppers confected non-stop by the PM’s spin doctors.

Australia’s national net debt is now a record $400 billion plus, according to Matthias Cormann’s own Finance Department’s report last Friday. It’s a peculiar type of nincompoopery that can take Labor’s puny $174 billion net national debt and double it in six years, despite some of the most favourable global economic tailwinds in history, yet the Coalition is on track to get to $700 billion in a canter.

The biggest issue for the economy remains the decline and fall of our household incomes. This will not be revered by some slick tax cut. Nor will it show any improvement, whatsoever, if the government having utterly no idea what to do by way of stimulus measure clings to the mantra of a budget surplus.

But that’s not in the talking points.

There’s so much to crow about it’s not funny. Cue standing ovations from the poor, the elderly, the under-employed and those who need wait only a matter of months before they’re trampolined off welfare and back at work at the local widget factory.

Above all, Australia is God’s Own Country and as the PM reminds a national prayer breakfast, Tuesday,

“The only prayers that you can be assured are never answered are the ones that are never prayed.”

Our latter day saints, the nation’s hard-working farmers are clearing land at record rates yet some find the time to take out of helping cause the problem to wax ecstatic over Drought Relief; the Coalition’s most shameless pork-barrelling since its 1700 kilometre Inland Rail boondoggle. No-one’s getting any money for a year and the $7 billion doesn’t add up, former farmer’s lad Alan Jones berates the Prime Minister.

Jones asks how all of the drought relief grandstanding that’s been going on three months is going to feed a cow?

How good’s a Farm Household Allowance worth a measly $250 a week? $5 million for rural financial counselling? $115.8 million that Morrison says “went directly to drought communities”. Morrison finally gets to talk. He embraces the theme of weed eradication. Jones cuts in, “Oh, PM, don’t talk to me. I’m a farmer’s son, you’re not.”

When the IMF tells you the economy is down the gurgler and your own Finance Minister reports the same – When Alan Jones gives you a bollocking, ScoMo, you may need more than a new set of talking points.

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