Wednesday, September 26, 2007

Reflections-APEC Sydney 21 World Leaders, One Caged City!

This is a reflection received from Ciaron O'Reilly, Catholic Peace Activist.

Can we move from co-dependent protest to nonviolent resistance to this war?
George Bush has now departed on Air Force 1, another plane carrying 600 security and staffers, another plane carrying 10 bomb proof limos and also Doomsday Plane with 100 military ready to fight a nuclear war have gone. The emperor was in town, the paradigm has shifted in terms of what Australians are willing to live with in terms of the shrinking of civil liberties.


The 5km security fence is coming down. I attended the anti-war/APEC march on Saturday in Sydney. Freshly purchased water cannon deployed, robo cops in latest combat designer wear shoulder to shoulder with taser and mace, snipers on the roof and hanging out of choppers, the massive fear generating propoganda effort of the previous weeks had kept the Muslim community and many others away from paractising their democratic rights of dissent. See http://sydney.indymedia.org.au//

The crowd was passive, but the pumped up cops could not help themselves picking a few stragglers off at the start of the march and attacking the International Socialists rallying in the park. One Wobbly from Melbourne was picked up and extradited, he is still in custody.

On Saturday night I attended a wedding, a young man was about to be deployed to Afghanistan, two Labor ministers were seated at my table. It's a small world.

On Sunday, I walked in town and came across a group of gentle hippies with a drum who had been ordered out of the CBD. I made it all the way to the fence passed by squads of 12 cops marching through the ghost town of the city in formation. I had lunch in Hyde Park and was passed by three more squads marching around in circles in the empty park. I then headed to the Domain where Speakers Corner has operated since the 1870's. I got on a box and gave out with a chopper hovering above. Two ladies from Limerick stopped and remembered our effort at Shannon www.peaceontrial.com

Conservative PM Howard is on his way out. Labor leader Rudd on his way in claiminng an anti-war position in this most unpopular of wars where OZ troops have been deployed to Iraq without casualties thus far. Rudd met with Bush and assured him that although he would be withdrawing the 700 ground troops in a year's time (because it is all about preserving Australian lives not Iraqi) he will be leaving 700 Australian naval and air force personell in the theatre to help out with the U.S. indiscriminate bombing and killing of Iraqis. Pine Gap the NSA targetting base near Alice Springs is the most significant Australian military contribution to the war on iraq and does not rate a mention, it does not appear on the political radar. The irony deepens as Rudd parades Peter Garrett lead singer of the most popular and most left mainstream rock band of the '80's/'90's. He is a dissident cultural symbol that has made his peace with the presence of U.S. warfighting bases and the sale of Australian uranium to anyone who is buying.

The most dramatic act of resistance in the past week came from a popular comedy team The Chaser who dacced (pulled the trousers down) on the multimillion dollar security effort. Dressed as Bin Laden and with Canadian flags on their limos they were waved through 2 security checkpoints and the story went world wide........the Emperor Has No Clothes!
http://sydney.indymedia.org.au/story/apec-security-sava...rists

Security does not come from waging illegal wars abroad and crushing civil liberites at home. Security comes from building peace and justice. A project Emperor Bush, present Prime Minister Howard and it looks like PM in waiting Rudd has no interest in. The state of the anti-war movement is not good. Can we move form co-dependent protest into proactive and nonviolent resistance in the spirit of Ghandi, King, the Pine Gap 4 www.pinegap6.org the dissidents in the military www.ivaw.org , those resisting in the U.S. www.jonahhouse.org ? That will depend on how serious we are about ending this war

Friday, September 14, 2007

Good News _UN Declaration on the Rights of Indigenous Peoples adopted.

Good news!!

I hasten to share joyful news with all of you who have worked hard and long with our Indigenous sisters and brothers to see justice done for them.

I have just returned from the General Assembly chamber of the United Nations after witnessing an historic vote. The United Nations Declaration on the Rights of Indigenous Peoples was adopted by vote with 143 in favour, 4 against and 11 abstentions.

Australia distinguished itself by leading the charge against the Declaration. However it turned out to be a charge that lacked credibility and energy. Australia was joined by only three countries - Canada, New Zealand and the United States of America.

Australia, which Ambassador Hill presented to other UN member states as a champion of indigenous rights, brought forth 6 ‘arguments’ as to why it could not accept the Declaration. Self-determination; lands and resources; free, prior and informed consent; intellectual property rights; placing customary law above national law and no acknowledgement of third party rights of access to indigenous lands. No “undefined sub-group” can have the right to veto government decisions.

Of course each of these straw men had long ago been explored, negotiated and addressed by governments and indigenous representatives. The fact that 143 other sovereign states did not find the declaration to pose a threat to their constitutions, national laws of sovereignty obvious had no persuasive power for Australia and its few friends.

Another Australian NGO representative who was present said: ‘I feel ashamed to be an Australian’.

I add statements by Les Malezer, Chairperson of the Global Indigenous Caucus and by Ban Ki-moon, Secretary General of the UN.

STATEMENT BY THE CHAIRMAN, GLOBAL INDIGENOUS CAUCUS

By Les Malezer, 13 September 2007

The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations marks a momentous and historic occasion for both Indigenous Peoples and the United Nations.

One quarter of a century ago the United Nations agreed that the situation of indigenous peoples around the world was so desperate and consistently exploited, that it warranted international attention.

Within a few years of brief examination and assessment, the United Nations decided that a human rights standard on the rights of indigenous peoples was required.

Simultaneously, the indigenous peoples of the world were uniting, because of our increasing capacity to communicate to each other, but also out of necessity to achieve an international voice.

Together we found out that Indigenous Peoples around the world shared a common situation of loss of control of our lands, territories and resources and a history of colonisation.

The Declaration, as a deposition, represents a meeting of authorities, i.e. the United Nations and the indigenous peoples. Today’s adoption of the Declaration occurs because the United Nations and the Indigenous Peoples have found the common will to achieve this outcome.

The Declaration does not represent solely the viewpoint of the United Nations, nor does it represent solely the viewpoint of the Indigenous Peoples.

It is a Declaration which combines our views and interests and which sets the framework for the future. It is a tool for peace and justice, based upon mutual recognition and mutual respect.

We emphasise once again that the Declaration on the Rights of Indigenous Peoples contains no new provisions of human rights. It affirms many rights already contained in international human rights treaties, but rights which have been denied to the Indigenous Peoples.

As Indigenous Peoples we now see a guarantee that our rights to self determination, to our lands and territories, to our cultural identities, to our own representation and to our values and beliefs
will be respected at the international level.

The Declaration is a framework for States to link and integrate with the Indigenous Peoples, to initiate new and positive relations but this time without exclusion, without discrimination and without exploitation.

These rights in the Declaration are already recognised in international law, but they are rights which have been denied to Indigenous Peoples everywhere.

They are rights which are seen by Indigenous Peoples as essential to our successful survival, dignity and well-being, and to maintain our strong cultural and spiritual relationship with mother earth and nature.

It has, after all, been our determination to defend our identity and our lands, territories and resources which has helped to protect and preserve the biological diversity of the world, the cultural diversity of the world, and the environmental stability of the world.

These are the very issues that governments are now so desperately trying to address, as matters requiring of emergency, recovery actions. The Declaration carries a message for all States that have links and association with Indigenous Peoples.

That message is not about secession, as some States may fear, but about co-operation and partnership to ensure that all individuals, regardless of race or beliefs, are truly equal and that all peoples are respected and allowed to develop.

Indigenous Peoples’ right to self-determination is about our right to freely determine our political status and freely pursue our economic, social and cultural development.

It also includes our right to freely manage our natural wealth and resources for mutual benefit, and our right to maintain and protect our own means of subsistence.

‘Free, prior and informed consent’ is what we demand as part of self-determination and non-discrimination from governments, multinationals and private sector.

We realise that a number of States have insisted that the Declaration affirm ‘territorial integrity’ (which by the way is not a human right) as defined in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and in the Vienna Declaration.

We confirm that ‘territorial integrity’ in fact obligates every State to promote realization of the principle of equal rights and self-determination of peoples, and to bring a speedy end to colonialism, with due regard to the freely expressed will of the peoples concerned.

‘Territorial integrity’ also requires that a State represent the whole people without distinction, and reaffirms that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and
is contrary to the Charter.

The Declaration ensures treaties signed between Indigenous Peoples and States are respected and honoured. This provision in the Declaration is extremely important for Indigenous Peoples who have always placed much importance upon the integrity and truthfulness of historical treaties, for these treaties may contain special rights and economic and political agreements with States.

However it is important that we keep focus on the integrity of the Declaration, noting how each article is meant to be interpreted in conjunction with the entire Declaration, its principles and its
purposes.

We are also assured by Article 46(3) that states: “The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.”

Now that the Declaration has been adopted by the General Assembly, Indigenous Peoples can reasonably expect that the States will, if they do not already have such a relationship, form a collaborative and cooperative relationship with the representatives of the indigenous peoples to ensure that the rights contained in the Declaration are protected and promoted.

In 2004 the General Assembly resolution 59/174 called upon Governments to ensure that activities and objectives for the Second Decade are planned and implemented on the basis of full consultation and collaboration with indigenous people.

The programme of action, approved by consensus by the General Assembly in December 2005, urged governments to launch a review of national legislations to eliminate possible discriminatory provisions with the full and effective participation of indigenous experts.

The Programme of Action recommends that national constitutions should recognize the existence of indigenous peoples and make explicit reference to them, where relevant, and that governments should consider integrating traditional systems of justice into national legislations in conformity with international human rights law and international standards of justice.

This is the challenge for the future. With a Declaration now in place, affirming the rights of Indigenous Peoples, it will be important that States respond positively.

The Declaration gives us the platform for addressing the continuing abuses of human rights against Indigenous Peoples and for shaping a future where it can be realised that all peoples are truly equal.

New York, 13 September 2007 - Statement attributable to the Spokesperson for the Secretary-General on the adoption of the Declaration on the Rights of Indigenous Peoples

The Secretary-General warmly welcomes the adoption of the Declaration on the Rights of Indigenous Peoples as a triumph for indigenous peoples around the world. He notes that this marks a historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all.

The Secretary-General calls on Governments and civil society to urgently advance the work of integrating the rights of indigenous peoples into international human rights and development agendas, as well as policies and programmes at all levels, so as to ensure that the vision behind the Declaration becomes a reality.

I invite you to distribute this information widely

Peace and good wishes
Kevin Dance, C.P.

Vice-Chair, NGO Committee on the UN International Decade of the World’s Indigenous Peoples.

Thursday, September 13, 2007

Pat Dodson lashes sinister "intervention"

Stuart Rintoul
The Australia, September 13, 2007

ABORIGINAL leader Pat Dodson has penned a savage attack on the Howard Government's intervention in the Northern Territory, describing it as a sinister attempt to extinguish indigenous culture.

In the first book dealing with the historic intervention three months ago - Coercive Reconciliation - Stabilise, Normalise, Exit Aboriginal Australia - Mr Dodson also takes aim at Aboriginal leaders who have supported the Government's plan, calling them recklessly naive.

Without naming Noel Pearson or other Aboriginal leaders who have backed the intervention, he writes: "Some indigenous voices in this debate, motivated by the urgency of ending the suffering in indigenous communities, have been recklessly naive in aiding and abetting the Howard Government's agenda.

"Indigenous advocates, campaigning for structural change in government relationships that aim to liberate their people from the tyranny of welfare dependency and control, have misread the indigenous political struggle."

In an essay titled Whatever Happened to Reconciliation?, Mr Dodson, who has been called the father of reconciliation, paints a picture of a government using the pretext of child abuse in the Territory to force Aborigines to integrate into mainstream society.

He says the Government is bent on a radical agenda of "deconstructing and denying the abilities of indigenous people to live in their settlements on traditional country" and has set out to "remodel them into mine labourers, small business people and private entrepreneurs".

He writes that Aboriginal people have so consistently been portrayed as sexual deviants and sociopaths during the Howard years that it has set like cement in the minds of ordinary Australians that "there is nothing noble in the Aboriginal race".

In a separate essay in the book, which is edited by ANU academics Jon Altman and Melinda Hinkson, Mr Dodson's brother Mick describes the intervention as "storm-trooper tent diplomacy of health providers dressed in battle fatigues".

Attacking indigenous policy during the Howard years, Pat Dodson writes: "The benign use of government language - mainstream services, practical reconciliation, mutual obligations, responsibilities and participation in the real economy - cloaks a sinister destination."

He says the Government's goal is "the extinguishing of indigenous culture by attrition", and describes this as "a searing moral challenge" for the nation.

In Alice Springs yesterday, Mr Dodson emerged from a briefing by NT taskforce chairwoman Sue Gordon and operational commander Major General David Chalmers concerned that little had been done to stem the "rivers of grog" flowing into Aboriginal communities with still no valid explanation for taking over Aboriginal land or abolishing the permit system controlling access to Aboriginal communities.

He said a succession of reports suggested Aboriginal living standards had worsened during the Howard years. Whole-of-government trials in Aboriginal communities aimed at bringing together the various levels of government, shared responsibility agreements and regional partnership agreements had been "an unmitigated public policy disaster".

"Coercive Reconciliation", a collection of essays by Aboriginal leaders, academics and social commentators, is edited by Jon Altman and Melinda Hinkson, and published by Arena.

Tuesday, September 11, 2007

Peace & Non Violence Commission Bill 2007

Peace & Non Violence Commission Bill 2007

Letter sent to Senator Allison from Pax Christi Australia NSW.

Dear Senator Allison,

I am the NSW Convenor of Pax Christi Australia [NSW] and national promoter for justice and peace for the Missionaries of the Sacred Heart - a religious congregation working in many different areas in Australia and overseas. Pax Christi is part of an international movement for peace established in 1945 in Europe and is now established in each continent. At our meeting this evening the Peace Commission and Non Violence Bill was mentioned and discussed. May I congratulate you on this wonderful initiative. The Committee meeting asked me to pass on these sentiments and was also keen to know how we might support you in this Bill. Personally, I am very excited by it. I would be very grateful to hear from you as to how our group might support this initiatve.

With best wishes for all you do

Sincerely yours

[Father] Claude Mostowik msc


Father Claude Mostowik msc
Director, Missionaries of the Sacred Heart Justice and Peace Centre
PO Box 146

15A Swanson Street
Erskineville NSW 2043
Australia



Convenor, Pax Christi Australia [NSW] Inc.
PO Box A681
Sydney South NSW 1235
Australia
Phone 61+2+9550 3845
Fax 61+2+9519 8471
Mobile 0411 450 953

Skype Claude Mostowik
Email mscjust@smartchat.net.au

http://www.paxchristi.org.au
http://www.paxchristi.net/

Thursday, September 6, 2007

Social Justice Sunday - 30 September 2007

10am – 4pm

Mary MacKillop Place

North Sydney


Join Graeme Mundine, Larissa Behrendt,

Jill Finnane and Jennifer Burn to discuss global realities around indigenous issues, the environment and trafficking.
Free Sausage Sizzle
RSVP Marion Gambin by Friday 14 September 2007
Phone: 8741 2326 Email: mariongambin@hotmail.com
Cost: a small donation if you can.

Saturday, September 1, 2007

All People for Environment & Community

Sydney Peoples Alternative Rally and Festival Friday, September 7 in Hyde
Park North from 11am

Many thousands of people in Sydney do not welcome the Asia Pacific Economic Cooperation (APEC) meeting in our city. Their alternative view will be expressed at a colourful festival to be held on Friday, September 7 in Hyde Park North from 11am to 2pm.

All People for Environment and Community, a wide coalition of community groups have come together to organise the Peoples’ Alternative Festival.

The Festival will promote the people’s alternative of fair trade, real action on global warming, genuine development to alleviate poverty, opposition to war, and respect for the labour rights and human rights of all the peoples of our vast Asia Pacific region.

Music, performance, speakers, information and food stalls will combine to offer an inclusive peaceful people’s vision for the future, in stark contrast to the secretive, big business agenda of the 21 APEC leaders behind their concrete barricades.

Bands include: Men from UNCLE; Ken Stewart (Urban Guerrillas); Bolivarian Band and Korean drummers.

Organised by: All People for Environment & Community: Anti-Bases Campaign;

Sydney Peace & Justice Coalition; Migrante Philippines Australia; Bolivarian Circle; Chilean Socialist Party / Oceania; Construction Forestry Mining & Energy Union; Australian Services Union; Maritime Union of Australia (Sydney Branch); SEARCH Foundation; Korean Resource Centre; Communist Party of Australia; Inner-West Your Rights at Work; Aust Fair Trade & Investment Network. Contact: Peter Murphy 0418 312 301. Jane Brock 0410 453 459.

Email: pmurphy@search.org.au

ALL WELCOME!

HIGH COURT UPHOLDS RIGHT TO VOTE IN LANDMARK CASE

Thu, 30 Aug 2007

In a landmark decision, the High Court has today upheld the fundamental human right to vote, finding that the Howard Government had acted unlawfully and unconstitutionally in imposing a blanket ban denying prisoners the vote.

In 2006, the Howard Government passed legislation which denied all prisoners the right to vote. This law was challenged in the High Court by Vickie Roach, an Aboriginal woman who is a prisoner at the Dame Phyllis Frost Prison in Melbourne. In orders made today, the High Court struck down the blanket prohibition on prisoners voting. The Court upheld the validity, however, of the law providing that prisoners serving a sentence of three years or longer are not entitled to vote.

The decision of the High Court is a victory for representative democracy, accountable government, the rule of law and fundamental human rights. With Aboriginal Australians incarcerated at a rate of almost 13 times that of their fellow Australians, it is also a vindication of Aboriginal rights.
Speaking after the decision was handed down, Philip Lynch, Director of the Human Rights Law Resource Centre which ran the case, said, OThis is a common sense decision. The Howard Government disenfranchised prisoners on the spurious ground that to do so would promote respect for the social contract and the rule of law. Far from achieving this, denial of the fundamental human right to vote results in social exclusion, isolation, resentment and unaccountable and unrepresentative government. This is particularly undesirable given that the overwhelming majority of prisoners will be released at some stage.¹ Mr Lynch said that the supreme courts of Canada, South Africa and Europe had, over the last ten years, reached the same conclusion.

Mr Lynch paid tribute to Vickie Roach for taking her fight to the High Court. OIn running this case, Vickie has stood up not just for the human rights of prisoners and Aboriginal Australians, but the interests of the entire community. She has done so with courage, integrity and commitment.¹

The Human Rights Law Resource Centre was provided with outstanding legal assistance throughout the case by leading Australian law firm Allens Arthur Robinson, Ron Merkel QC, Michael Pearce SC, and Fiona Forsyth and Kristen Walker of Counsel. OThe legal team brought significant commitment, expertise, resources and dedication to this matter. They acted to protect human rights and uphold the rule of law and, in so doing, acted in the highest traditions of the profession and the interests of the community as a whole.¹


Philip Lynch
Director and Principal Solicitor
Human Rights Law Resource Centre Ltd
Level 1, 550 Lonsdale Street
Melbourne VIC 3000
P: + 61 3 9225 6695
F: + 61 3 9225 6686
M: 0438 776 433
E: hrlrc@vicbar.com.au
W: www.hrlrc.org.au