Why Tibet? Tibet’s profoundly
spiritual culture has much to offer the world. Under the compassionate
leadership of HH the Dalai Lama, their non violent practice
has become a model for global peace, but while the western
world has embraced many fashionable aspects of Tibetan culture
and prayer flags have become commonplace as a Feng Shui accoutrement,
Tibet, still struggles for survival under an oppressive and
destructive foreign regime.
For almost fifty years now, the Tibetans have struggled for
survival under an oppressive and destructive foreign regime.
In 1950, the Chinese People's Liberation Army invaded Tibet,
defeating Tibet's small and unprepared armed forces. Since
1959, under complete Chinese dominance, Tibetans have endured
brutal practices that are inexorably leading to the destruction
and degradation of their environment, unique culture and population.
Hundreds of thousands of Tibetans have been killed or have
died as a result of famine induced by poor governance. Fear
of arrest, imprisonment and torture are still a fact of daily
life for most Tibetans. Tibetans are now a minority in their
own country and are treated as second class citizens. They
are still not permitted to freely engage in Buddhist practices.
Educational opportunities are limited and expensive, and only
available in the Chinese language. Tibetan culture and society
is rapidly being eroded under the influence of the overriding
Chinese occupation.
Mankind is crying out for help. Ours
is a desperate time. Those who have something to offer should
come forward. Now is the time. - His Holiness the Dalai Lama
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yourstance peacefully and productively. We shouldall be very
grateful that we live in a country where we have the opportunity
to vote. We proudly support Rock the Vote and encourage anyone
of age to enrol for this next election asap and let your voice
be heard!" Blue King Brown.
RADICAL LAWS AND POLICIES: AUSTRALIA’S ANTI-TERRORISM
LAWS
"Any change that affects our right
to live in peace and to be free from arbitrary arrest and
detention must be subject to the utmost scrutiny. Do these
laws actually make us safe or just makes us feel safer? They
are arming our police and intelligence services with powers
that history shows will likely lead to abuse and misuse."
Law Council President John North speaking at a national legal
conference, Canberra, October 2005.
"Let there be no doubt that real terrorists
are the enemies of civil liberties...nevertheless...we must
also recognise...the need to draw a distinction between 'terrorists'
and those who are simply objecting to injustice as they see
it. In his day, Mahatma Gandhi was certainly called a terrorist.
So was Nelson Mandela...” Excerpt from speech by High
Court Justice Michael Kirby to the NSW Council of Civil Liberties,
2004.
OVERVIEW
Anti-Terror Laws introduced in Australia by the Howard Liberal
government in 2004 and 2005 granted far reaching and unprecedented
power to the federal governent, ASIO and the police. The bills
contained hundreds of pages of detailed legislation and were
introduced to parliament hastily with no opportunity for parliamentary
or public scrutiny, and were pushed through the senate without
proper debate.
The new laws significantly impact on fundamental
human rights enshrined in both Australian common law and international
law – the International Covenant on Civil and Political rights.
This includes the right to be free from arbitrary detention,
and the presumption of innocence. These rights are essential
to a citizen’s due process before the law, and fundamental
to the judicial process of western liberal democracies.
Australia’s anti-terror laws also undermine
the separation of powers between the executive (govt) and
the judiciary (courts). The separation of powers is crucial
to the independence of the judiciary and lies at the foundation
of the Westminster system of govt that Australia inherited
from Britain.
Britain has introduced similar anti-terror
laws in recent years, but unlike Australia, Britain has a
Bill Of Rights (The Human Rights Act, 1998) to balance the
power of the state with the rights of the individual and guarantee
the independence of the judiciary from the executive. Australia’s
anti-terror laws have no such checks and balances.
ANTI-TERRORISM LAWS IN AUSTRALIA
The Anti-Terrorism bill, the Anti-terrorism bill (No 2), and
the Anti-terrorism bill (No 3), were introduced to the Australian
parliament by Attorney-General Phillip Ruddock and passed
by the senate on June 24, 2004. The Australian Anti-Terror
Act (Revised) was passed by the parliament in December 2005.
ACT Chief Minister Jon Stanhope was so
concerned by the secrecy of the legislation leading up to
its introduction to parliament that he actually posted a confidential
draft of the legislation on his website, stating: “Law of
this significance made in this haste can't be good law.”
At the time of their introduction, PM Howard and Attorney-General
Phillip Ruddock argued that the laws were a necessary measure
against the threat of terrorism in Australia, especially in
the wake of the bombings in Spain and London. However, legal
experts voiced strong doubts as to the ‘necessity’ of Australia’s
anti-terror laws, and expressed concerns about their effects
on people’s rights.
“Australia risks depriving individuals
of their liberty without such measures conforming to the procedures
of human rights law in emergencies. Moreover, there is little
evidence that Australia faces the kind of ‘public emergency
threatening the life of the nation’’ which would justify suspending
rights under the International Covenant on Civil and Political
Rights. Dr Ben Saul, School of Law and Associate of
the Australian Human Rights Centre. University of NSW.
The laws rely on a very broad definition
of terrorism to apply state power against an individual. The
main areas are of the laws are: Control Orders, Preventative
Detention, Sedition, Random Stop and Search Powers, Use of
Lethal Force.
All of these powers restrict or deny an
Australian citizen’s civil and/or human rights. Control Orders
alone breach a whole range of internationally guaranteed rights
and freedoms, including:
Right to liberty and security.
Right to be free from arbitrary detention,
Presumption of innocence
Right to a fair trial,
Freedom of association
Freedom of expression (speech)
Freedom of movement,
Right to work
Freedom of religion
Right to health
The use of lethal force – police have powers
to “shoot to kill” a detainee where they ‘believe on reasonably
grounds’ that it is necessary to protect life or prevent serious
injury to another person. Use of this provision in Britain
led to fatal shooting of Jean Charles De Menezes July 2005.
He was innocent.
For more detail on Australian anti-terror laws, including
easy to read facts sheets and articles, see links below.
POSITIVE ACTION: CALL
FOR AN AUSTRALIAN BILL OF RIGHTS:
Part of the lobby for human rights’ protection in Australia
is the call for an Australian Charter or Bill of Rights. It
pre-dates the anti-terror bills and is now much more relevant.
“An Australian Human Rights Act would ensure
that there is independent judicial scrutiny of counter-terrorism
laws, to help ensure that rights and security do not tip dangerously
out of balance.”
“The NSW Council for Civil Liberties supports
a constitutionally-entrenched federal Bill of Rights for all
Australians. The Council also supports the interim measure
of instituting a statutory Human Rights Act: to encourage
a rights culture in Australian; and to provide Australians
with the opportunity to become accustomed to the idea of a
Bill of Rights. Australian law, as it currently stands, does
not protect even the most fundamental rights that Australians
assume they have. For example, the law does not fully protect
freedom of religion or freedom of speech. A Bill of Rights,
however, will protect these fundamental rights and freedoms.”
New South Wales Council for Civil Liberties. (NSWCCL)
“The UN Human Rights Committee has found on several occasions
that Australia has breached the fundamental human rights of
people living in Australia. And without a Bill of Rights,
Australians can only complain to the UN, not to Australian
courts!”
LINKS
UNSW
Human Rights Centre - Human Rights Defender
Magazine published by the Australian Human Rights Centre University
of NSW, Sydney.This special online edition entitled: ‘The
Anti-Terrorism Bill (No2) 2005’ is available in PDF and features
articles from legal, political and social perspectives on
“the dangers of sedition laws, the new regime for control
orders and preventative detention, and the inadequacy of safeguards
and review mechanisms.”
NSW
Council for Civil Liberties - ‘Stand Up For Our Rights’
“Founded in 1963 and is one of Australia’s leading human rights
and civil liberties organisations. Our aim is to secure the
equal rights of everyone (as long as they don’t infringe the
rights and freedoms of others) and oppose any abuse or excessive
power by the State against its people.”