Removing the age of terror
Blog Post | Blog of Scott Ludlam
Tuesday 23rd June 2009, 10:39am
by ScottLudlam in
Australia's Anti-Terrorism laws were rammed through Parliament in haste and need to be reviewed to determine which merit retention and modernisation. However, some of the laws don't even deserve the dignity of being subject to review by the long-awaited independent reviewer of terrorism laws. I have introduced the Anti-Terrorism Laws Reform Bill 2009 to identify those parts of the anti-terrorism laws that are irrational, unused or extreme and should be removed from Australia's statues.
Surely the lesson has been learned from the Haneef, Ul Haque and Habib affairs regarding holding people without charge; the laws went too far and after these debacles some reasonable safeguards and time limits are needed. We already know that punishing dissent and deterring freedom of expression and association through the crime of sedition runs counter to our democratic values.
The benefit of hindsight and the passage of time have revealed the laws about the"reckless possession of a thing" lack credibility and legitimacy. The UN has recently observed a real problem for Australians accessing the justice system; putting up barriers to fair and open trials by imposing silence on lawyers or requiring them to have to have security clearances has significantly limited the pool of lawyers permitted to act in cases.
Such laws simply need to be removed, to allow the solid criminal laws and procedures to continue doing the job they did before 2001 in prosecuting and penalising anything that can be sensibly described as terrorism.
Mistakes were made in the passage of the anti-terrorism laws; indeed, mistakes were inevitable when the government of the day would not allow the parliament to debate each bill individually, even though the anti-terrorism legislative package constituted some of the most dramatic changes ever made to Australia's security and legal environment.
Of course mistakes were made when 200 pages of legislation and explanatory memoranda were introduced into the House of Representatives at 8pm and were expected to be debated at 12 noon the next day, leaving entirely inadequate time for review and analysis. Amendments were made available to the Senate less than 24 hours before the commencement of debate in that Chamber, effectively stripping the parliament of the time necessary to ensure that the laws were adequate to prevent, deter and pursue terrorists while ensuring that any limits on free speech or association struck an acceptable balance. The parliament was set up to fail, and fail it did.
The violent crime of terrorism did not occur for the first time on 11 September 2001 and it will occur again. This is a grave reality that must be faced by governments who have the responsibility to protect citizens from intimidation and violence. Likewise, governments also have the responsibility to protect human rights and civil rights. The Greens do not underestimate the complexity of these responsibilities; however, we are not alone in recognising that in many countries, including our own, the balance between these two responsibilities was skewed by the responses to the events of 11 September 2001. Perceived and real threats to security were used as a lever to curtail human and civil rights and fair trials.
The newly elected US President has begun the courageous and complex work of reversing the symbolic and actual mistakes made in the name of the "War on Terror". The Obama Administration is putting effort into devising "clear, defensible and lawful standards..." to govern the treatment of detainees and arguing that the nation should "enlist the power of our most fundamental values" in the effort to keep itself safe. Australia entered the "War on Terror" very much on the terms set by the United States; we too should rethink and redefine a legitimate response to terrorism and practical ways to address its root causes and consequences.
The Australian Greens were formed on a platform of nonviolence, and condemn politically motivated violence unconditionally. While some leaders and commentators deeply fear the accusation of being "soft on terrorism" believing it to be corrosive of their public perception, standing and masculinity, the Greens believe that to maintain these laws in their current form is corrosive of democracy itself and the rule of law upon which it is based.
What you can do:
- Write to the Attorney General today and ask him to support the measures in this bill.
- Read the Second Reading Speech which outlines the rationale and main provisions of the bill.
- Read the Explanatory Memorandum which sets out in detail the actual workings of the bill.
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Comments
re: Removing the age of terror
Australia's anti-terrorism laws were rushed through our parliament and mistakes were made. Senator Scott Ludlam has introduced a Bill to the Senate to repeal the extreme parts of the anti-terrorism laws that compromise our human rights, civil rights and right to a fair trial.
The Greens Anti-Terrorism Laws Reform Bill 2009 identifies parts of the laws that must go because they undermine our core democratic
principles. Besides that, there are many crisis. One of the biggest issues that people have been making noise about has been same sex marriage, but in an obvious move to appease instead of pursue civil rights, the Obama Justice Department has committed to defending DOMA. DOMA, or the Defense Of Marriage Act, was a piece of legislation passed under President Clinton, which has been applauded by people that would give instant payday loans to have their fellow citizens under the heel of tyranny, and has been upheld.
Imagine
Imagine.
Regarding Australia’s arms build-up as defined in the Defence White Paper.
< http://www.defence.gov.au/whitepaper/docs/defence_white_paper_2009.pdf >
It has been stated that in the 2 weeks before John Howard left office, that he signed off on 1 trillion dollars worth of new air-force equipment and committed another 1 trillion dollars to the navy and army equipment. This deftly ensured that the following government/s could not balance the books.
Labor too seems brazenly enthusiastic to continue to overspend on a paranoid endeavour to squash single handedly an imaginary foe. It must be kept in mind that in the 67 years since WW11 Australia has never been under direct threat.
DFP quote, “The decade brought the terrorists attacks of September 11, 2001 in the United States and subsequent events in London, Madrid, Bali, Jakarta and more recently, Mumbai.”
Comment: Is a military hardware build-up going to protect us from that kind of terrorism? The answer is, it will not, it cannot, and it’s illogical to expect it to. In some cases a weapons build up will encourage terrorism as the only viable way to circumvent a larger better equipped Australian military.
Quote “The key issue is to have a solid foundation upon which to build, adapt and take advantage of opportunities”.
Comment; What to kill and bully? We not already have a solid foundation, but we have the walls, windows and roof extension. To spend 2 trillion dollars on just new superfluous weaponry is to invite a neighbourhood brawl.
Quote “Australia's most basic strategic interest remains the defence of Australia against direct armed attack. This includes armed attacks by other states and by non-state actors with the capacity to employ strategic capabilities, including weapons of mass destruction (WMD).”
Comment; A 2 trillion dollar weapons build-up cannot protect us from a crazed backpacker with a bomb derived from uranium dug up in Australia. Furthermore a state based attack by even a minor global force leaves us dead no mater what.
Quote “We need to review periodically and rigorously whether the mix and scale of our capabilities are appropriate to the emerging challenges in our strategic outlook.”
Comment; I say we need to change our strategic outlook. Particularly if it is thought we need to create an arms race.
Suggested beneficial endeavours that do not include arms build up while increasing Australia’s standing internationally:
1. Cancel contracts on all new military hardware and pay the cancellation fees honourably.
2. Retrain the military to become medical professionals, and civil reconstruction personnel and offer our services to any conflict as the healers, not the killers.
3. Saving lives will reward us, not ending them.
No military power will threaten us as we will have saved numerous of their soldiers in the past, are saving them in the present and will save them in the future if they leave us to pursue our new conflict strategy of Non-aggression and healing.
Change the flag to bear a red cross prominently. Everybody avoids killing the medics.
We cannot ethically use old methodologies of armed aggression to improve the lives of our citizens. Rather a determined unwinding of disadvantageous archaic domineering ideas (the military), coupled with intelligent relationship building skills (the diplomatic core), must propel us into a better world.
Since we already have a military currently capable of fulfilling all of the basic requirements outlined in the white paper, it doesn’t make any sense to devote 2 trillion dollars to enhanced weaponry and delivery systems. Advanced weapons of any kind are typically superseded before anybody takes delivery.
In a period of time when the only armed use of the military has been on foreign soil, in acts of aggression against a foe with no prior stated animosity towards Australia, we prepare for war.
Better usage of the 2 trillion dollars for arms build-up against an un-named adversary:
1. The under funding of geothermal power plants retards the replacement of coal with clean reliable base load power. With 2 trillion dollars worth of well hole drilling rigs we could go 100% green power in 5 to 8 years. Possibly we could export surplus electricity overseas via large ship mounted Gyro Batteries. This we can do while maintaining our current defence capabilities, reducing energy bills by 95% + to business industry and individuals. Additionally paying almost nothing for energy makes our goods enormously competitive overseas, thereby increasing margins enough to increase both profits and wages.
2. Spend the money on fostering goodwill between potential adversaries and us.
3. Assist and invest in Australian business that promote sustainability not death and dismemberment.
4. Provide training to defence personnel to become predominately a force of unarmed medical professionals assisting both sides. This enables Australia’s contribution to armed conflicts to be civilised, and universally well regarded. Under this strategy we can maintain existing alliances while forging new ones. Conceivably, by providing medical services to everybody in times of conflict, we will be able to attract the lion’s share of medical research and development dollars in seasons of peace.
5. Pay off the national debit while providing better government services and reducing tax.
6. Figure out an economic system that works well with shrinking consumption that does not include increasing the capacity to kill.
Signed:
Dave
A lone survivor in a sea of animosity.
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