http://www.acbc.catholic.org.au/documents/20070705451.pdf
A Statement from the Catholic Bishops of Australia on dignity and justice for Indigenous Australians
5 July 2007
Printable Version
The Catholic Bishops of Australia welcome the high priority the Federal Government has now accorded to addressing the appalling problems facing people in remote Northern Territory Aboriginal communities.
The high incidence in remote Aboriginal communities of child sexual abuse and other unacceptable threats to children’s wellbeing has been a matter of growing public concern for some time. Numerous enquiries and commissioned reports have raised these issues and highlighted the deplorable conditions in many Indigenous communities. The most recent such report was Little Children are Sacred, by Rex Wild and Pat Anderson.
In our Social Justice Sunday Statement 2006, we recounted some of the alarming statistics regarding the poor health, low life expectancy and high incarceration rates of Indigenous Australians. We argued that political will and relatively moderate resources could prevent such disadvantage, and called for positive and decisive action to eliminate these dire circumstances from the everyday experience of many Indigenous people.[1]
While this is not a time for allocating blame, all Australians should accept some collective responsibility for redressing the current shameful state of affairs, and recognise that past wrongs are reflected in present legacies. As Pope John Paul II said when he addressed Indigenous Australians in Alice Springs in 1986:
what has been done cannot be undone. But what can now be done to remedy the deeds of
yesterday must not be put off till tomorrow.[2]
We hope that the entire Australian community will now endorse the need for urgent and sustained action.
However, we have significant concerns about the nature of some of the Federal Government’s “emergency response” measures announced on 21 June 2007, and about the proposed process for implementing that response:
Child abuse and child poverty must be addressed by a long-term and comprehensive response – tackling such key causative factors as inadequate social services and infrastructure (including housing), inadequate numeracy and literacy, poor employment opportunities, substance abuse, and community breakdown. Guaranteed, long-term and adequate funding is essential.
· We need much more than a “law and order” response. Children who have been abused and vulnerable families need sympathetic and skilled carers, teachers, medical practitioners and social service practitioners. We need to ensure the full range of culturally appropriate support services to address this issue and foster strong families and communities.
The response must be respectful of Indigenous culture and identity, and must be undertaken in full and genuine partnership with Aboriginal communities themselves. History clearly demonstrates that effective solutions cannot simply be imposed from above.
Recognised Aboriginal community leaders have an important role to play. So too do Church and community organisations working with Aboriginal communities, many of whom have developed strong working relationships over many years of close partnerships.
The Federal Government must do all in its power to promote the dignity and respect of Aboriginal people, and to acknowledge the many instances of good social practice that have occurred in many communities. Particular care must be taken not to stigmatise all Aboriginal men as abusers.
Government action should take full account of, and implement where appropriate, the recommendations made in a number of reports, notably Little Children are Sacred.
The Government needs to demonstrate why action to address child abuse in Aboriginal communities requires amendments to land rights and self-government legislation.
The response must be designed and implemented so as to support, rather than undermine, the future sustainability of remote Aboriginal communities. Talk of “mainstreaming” calls to mind the following warning about the dangers of “ethnocentricity”: “The rejection of differences can lead to that form of cultural annihilation which sociologists have called “ethnocide” and which does not tolerate the presence of others except to the extent that they allow themselves to be assimilated into the dominant culture.”[3]
Institutionalised racism cannot be acceptable. As Indigenous leaders have pointed out, the policy of imposing penalties on all parents receiving certain income support or Family Tax Benefits if they live in remote Aboriginal communities, while equivalent penalties will apply to other Australians only if there is evidence of “irresponsible” parenting, is both racially discriminatory and counter-productive. It would appear to breach the Racial Discrimination Act (Cth) and Australia’s international law obligations.[4] As stated by the Pontifical Commission on Justice and Peace, “the law must be equal for all citizens without distinction. It is important for ethnic, linguistic or religious minorities…to enjoy recognition of the same inalienable rights as other citizens.[5]
We welcome and support the Prime Minister’s affirmation that government owes a duty of care to all Australian children. This obligation applies to all children in Australia, irrespective of race or location. Indeed we are all responsible for all children, especially those who are vulnerable or at risk.
Child poverty is itself a form of abuse, making children more vulnerable to other types of abuse. An unacceptable proportion of Australian children are living in poverty, many without secure housing. This too is a long-overdue cause for urgent national concern. We call upon Federal, State and Territory governments to take early and decisive action towards eliminating child poverty and child homelessness from our wealthy country. A national poverty strategy with a special focus on ending child poverty could be the vehicle for this, enabling collaboration among all levels of government and community sector and business groups.
We strongly support the ongoing work of our agencies which seek to provide social services to, and promote the interests of, Indigenous Australians facing disadvantage. Among these are the National Aboriginal and Torres Strait Islander Catholic Council, Catholic Social Services Australia, Centacare NT, the Australian Catholic Social Justice Council, Caritas Australia, Catholic Health Australia and the National Catholic Education Commission.
[1] Australian Catholic Bishops Conference, Social Justice Sunday Statement 2006: The Heart of Our Country – Dignity and justice for our Indigenous sisters and brothers, p.12.
[2] Ibid.
[3] Pontifical Commission on Justice and Peace, The Church and Racism, 1988, #12.
[4] See International Convention on the Elimination of All Forms of Racial Discrimination, Articles 2 and 5 (http://www.ohchr.org/english/law/cerd.htm).
[5] The Church and Racism (n.3 above), #23.
Sunday, July 15, 2007
Sunday, July 1, 2007
ENGAGE- exploring nonviolent living: SYDNEY 2007 – Commencing JULY 28th
DATES:
July 28th 9.30am to 4.30pm
Aug 25th 9.30am to 4.30pm
September 22nd 9.30am to 4.30pm
October 27th 9.30am to 4.30pm
COSTS: COURSE FEE $250 [$175 concession] As this is a 12 part programme offered over four whole day workshops, attendance at all sessions is recommended.
July 28th 9.30am to 4.30pm
Aug 25th 9.30am to 4.30pm
September 22nd 9.30am to 4.30pm
October 27th 9.30am to 4.30pm
COSTS: COURSE FEE $250 [$175 concession] As this is a 12 part programme offered over four whole day workshops, attendance at all sessions is recommended.
If this is not possible the per session fee is $80 [$55 conc]
We would not like cost to prevent anyone from attending so please contact us to discuss this..
We have the option of three possible locations and on the enrollment form we invite you to indicate preferences for location if you have any, and type of transport likely to be used – this will help us chose the most suitable location.
Possible locations:
Epping – 5 mins from the station, parking nearby
Newtown – 10 mins from the station, parking nearby
North Sydney – 10 mins from the station, parking nearby
For further information about Pace e Bene Australia - see www.paceebene.org.au
Pace e Bene Australia was established in early 2006 as an associated body to the US-based Pace e Bene Nonviolence Service . It is a registered nonprofit association.
The primary activity of Pace e Bene Australia is to facilitate the programmes developed by the parent body: Engage, From Violence to Wholeness and Traveling with the Turtle with workshops around Australia.
Click here to contact the nearest member of the committee to discuss the workshops and how we can support you – either by facilitating a program for your community or just providing some advice on how to do it yourselves.
We produce an occasional newsletter called PACE OZ! with information on recent workshops and activities around the country. You can view past issues and catch other news here
Friday, June 29, 2007
Urgent Action - Emergency Plan for NT
Dear Friends,
The following is now up on the website for you to take action.
EMERGENCY PLAN FOR THE NORTHERN TERRITORY*
Write to Prime Minister & Minister Brough, copy to Rudd *
LETTER sent to various newspapers and to Mr Rudd and various Ministers and parliamentarians by CCJP facilitator Margaret Hinchey .
Please go to the CCJP website above and click on "Urgent Action" you will be able to link in with ANTaR's response and Australiansall's response This was originally sent by Catholics in Coalition for Justice and Peace.
Peace
Claude Mostowik msc
The following is now up on the website for you to take action.
EMERGENCY PLAN FOR THE NORTHERN TERRITORY*
Write to Prime Minister & Minister Brough, copy to Rudd *
LETTER sent to various newspapers and to Mr Rudd and various Ministers and parliamentarians by CCJP facilitator Margaret Hinchey .
Please go to the CCJP website above and click on "Urgent Action" you will be able to link in with ANTaR's response and Australiansall's response This was originally sent by Catholics in Coalition for Justice and Peace.
Peace
Claude Mostowik msc
Wednesday, June 27, 2007
Love your enemies _ John Dear SJ
Love your enemies: Beginning a reflection on the Sermon on the Mount
Submitted by John Dear SJ on June 26, 2007 - 9:51am.
On the Road to Peace by John Dear S.J.
National Catholic Reporter Tuesday, Oct. 10, 2007
National Catholic Reporter Tuesday, Oct. 10, 2007
The bad news is so overwhelming these days, it's hard to find any good news. But the Gospel provides it in abundance in the life and teachings of Jesus, especially in the Sermon on the Mount, his great manifesto of revolutionary nonviolence. Every June, we hear excerpts from the Sermon on the Mount, Matthew 5-7, in the daily readings. If I had any say, I would create a "Sermon on the Mount" Sunday and have the entire text read out loud at every Mass. In an effort to promote some good news, I thought I'd offer a kind of summer series on the Sermon on the Mount, as a way to stay focused on the nonviolent Jesus and his vision.
Mahatma Gandhi read from it twice a day for the last 40 years of his life -- and he was not even a Christian. He considered these texts the greatest writings on nonviolence in the history of the world. Since he wanted to become a person of nonviolence, he treated these teachings as a basic primer, as the catechism of nonviolence. I want to do the same.
I've already written about the Beatitudes, and thought I'd jump around and start with the centerpiece, the climactic highpoint, the sixth of six antitheses ("You have heard it said, but I say to you…."), the great commandment: "Love your enemies."
We can never talk about this commandment enough. For me, it sums up Christianity. If we do this, we will obey Jesus fully, because it encompasses everything -- reflecting God's universal love, working for disarmament, seeking justice for the poor, practicing forgiveness, living in hope and trusting in the God of peace. I've long considered it the most radical, political, revolutionary words ever uttered. And by and large, for the last thousand years at least, we've done our best to avoid them and disobey them.
Why? Because they go against everything every nation teaches. Perhaps because we are afraid; we don't believe God will protect us. The whole world is based on the commandment: hate your enemies, punish your enemies, kill your enemies. Jesus reverses the entire nation/state system. He invites us not to hate, punish or kill anyone, especially those targeted by our nation/state. Needless to say, this means, he would want us to love, not kill, the people of Iraq, Afghanistan, Palestine, Colombia, Haiti, Russia, and any other people the U.S. military has targeted.
The text uses the Greek word "agape." Unlike any word in the English language, "agape" calls for deliberate, unconditional, non-retaliatory, sacrificial, all-encompassing, all-inclusive,
nonviolent universal love, a love which lays down our lives for others, in this case, the people of Iraq and Afghanistan. Jesus commands us to practice the unconditional love of God, to show, for example, "agape" to the people of Iraq. He wants us to stop killing one another, stop waging war, stop building and maintaining nuclear weapons, and stop our country from killing people. It is not enough for us not to kill; we have to stop our country from killing others. He wants us to reach beyond our borders to embrace everyone as a sister and brother, to make sure they have the fullness of life and love, to live in peace with everyone.
Jesus was not preaching hopeless idealism. He advocated a wise strategy for living in peace. "Love for enemies is the key to the solution of the problems of our world," Dr. King wrote. "Jesus is not an impractical idealist; he is the practical realist. Our responsibility as Christians is to discover the meaning of this command and seek passionately to live it out." Nelson Mandela put it this way: "I have never yet met an enemy whom I did not try to turn into a friend."
I've never understood why Christians do not take this commandment seriously. We Catholics believe in transubstantiation, and never question that the bread and wine become the body and blood of Christ. We eagerly obey the command, "Do this in memory of me." But love our enemies? When I raise this commandment, the general response I get is: "Are you nuts?" When will we believe in the transformation of enemies into friends?
What's so shocking is that Jesus commands us to love our enemies not just because it's right; not just because it's moral; and not because it's the only practical solution; but because God loves God's enemies. This is the nature of God. Jesus wants us to be "sons and daughters of your God in heaven, for God makes God's sun rise on the bad and on the good, and causes rain to fall on the just and on the unjust.
I don't understand how Jesuit and Catholic colleges maintain ROTC programs, for example, where students pledge to "destroy the enemies of the United States." For that matter, I don't see how anyone can claim to follow Jesus and be a member of the U.S. Army, Navy or Air Force.
But this is an old argument. St. Augustine wrote long ago that sometimes the best way to love your enemies is to kill them. I think St. Augustine was wrong. He dismisses the teachings of Jesus with one sentence, and was widely praised for his insight. His comment gave birth to the just war theory. But I say: You cannot love your enemies by preparing or threatening to kill them, much less actually killing them.
Jesus forbids killing. His universal love outlaws violence. He never justifies war. He oppose every military, every weapon, every intent to kill. So from now on, we oppose Bush's war on Iraq, the Pentagon's imperial military bases, and nuclear weapons at Los Alamos and Livermore Labs because we are sons and daughters of the God of peace. We are people who love our enemies.
This is precisely what my friends in Australia have been doing. The Pine Gap Four were recently found guilty of trespassing at the U.S. military base in the remote northern territories, but thankfully not sentenced to prison (see www.pinegapontrial.blogspot.com). Others, including my friends Carole Powell of Brisbane and Simon Moyle of Melbourne, trespassed last week during the U.S. military exercises off the Northeast coast and face trial in August. (And by the way, my friend Jarrod McKenna of Perth turned me on to a great new book, Living the Sermon on the Mount" by Glen Stassen, that I highly recommend.)
Imagine if every priest and bishop spoke out with love for our enemies, like Daniel Berrigan? Imagine if every Catholic traveled abroad to targeted places like Iraq and Iran to love our enemies, like Kathy Kelly? The question is: Dare we practice such love? How do we love our enemies? How do we stop our government from killing them? If we are to obey Jesus, we need to move this reflection from abstract theory to concrete action.
Once we start loving our enemies, government officials, soldiers and patriotic citizens will persecute us. That's a sign that we've begun to obey Jesus. That's why, I think, Jesus immediately follows this commandment with a second about prayer.
We are told to pray, not for ourselves, not even for our enemies, but for our persecutors -- for those people who are mad at us for loving the people of Iraq, for those who harass us, punish us, even arrest us. And so, as Sermon on the Mount people, we try to love the people of Iraq and Afghanistan, and pray for those who oppose our universal love.
Friday, June 22, 2007
July 7- Live Earth letter from Al Gore
Dear friends,
On July 7, more than 2 billion people will join together to watch the Live Earth concerts and demonstrate to our leaders that the time has come to solve the climate crisis.
Wherever you are that day, you can be part of the action. At events around the world, we are going to convert the potential energy of Live Earth into a global campaign. In thousands of homes, people will invite their friends and neighbors to watch the concerts and join the movement.
In order to make these parties truly global, I've decided to partner with Avaaz. The 385,000 Avaaz members from every corner of the world, who mobilized to pressure the G8, amazed me. Avaaz's work to give ordinary people around the world a powerful voice in global decision-making is inspiring, and your organizing around the G8 Summit made a significant difference. Now we have the opportunity to expand on that great effort.
Will you commit to organize a Live Earth house party on July 7th? The parties will be fun--and they'll make a difference. If you've got a few friends and a TV, you've got everything you need.
7.7.07 will be the one opportunity we have to bring millions of new people into our campaign. We cannot let it slip by.
If you host a Live Earth Party, you'll have access to a special video I've made to urge people to take action. Together, I know we can convince everyone attending these parties to get involved. In a few short hours, you and your friends can watch the concert, take action -- and, at the end, upload a photo from your event that will be accessible to others taking part throughout the world. Through these parties, we can reach more people than ever before and build a truly global movement to solve the climate crisis.
Holding a Live Earth party is easy. All you need is a television and a few friends.
We will provide you with all the tools you need. Sign up as a party host by visiting:
Live Earth will be a unique moment when the uninterrupted and undivided attention of the world will be focused on the climate crisis. I need your help to make it count.
Thank you,
Al Gore
On July 7, more than 2 billion people will join together to watch the Live Earth concerts and demonstrate to our leaders that the time has come to solve the climate crisis.
Wherever you are that day, you can be part of the action. At events around the world, we are going to convert the potential energy of Live Earth into a global campaign. In thousands of homes, people will invite their friends and neighbors to watch the concerts and join the movement.
In order to make these parties truly global, I've decided to partner with Avaaz. The 385,000 Avaaz members from every corner of the world, who mobilized to pressure the G8, amazed me. Avaaz's work to give ordinary people around the world a powerful voice in global decision-making is inspiring, and your organizing around the G8 Summit made a significant difference. Now we have the opportunity to expand on that great effort.
Will you commit to organize a Live Earth house party on July 7th? The parties will be fun--and they'll make a difference. If you've got a few friends and a TV, you've got everything you need.
7.7.07 will be the one opportunity we have to bring millions of new people into our campaign. We cannot let it slip by.
If you host a Live Earth Party, you'll have access to a special video I've made to urge people to take action. Together, I know we can convince everyone attending these parties to get involved. In a few short hours, you and your friends can watch the concert, take action -- and, at the end, upload a photo from your event that will be accessible to others taking part throughout the world. Through these parties, we can reach more people than ever before and build a truly global movement to solve the climate crisis.
Holding a Live Earth party is easy. All you need is a television and a few friends.
We will provide you with all the tools you need. Sign up as a party host by visiting:
Live Earth will be a unique moment when the uninterrupted and undivided attention of the world will be focused on the climate crisis. I need your help to make it count.
Thank you,
Al Gore
Wednesday, June 20, 2007
Activists risk their lives for peace - Talisman Sabre
Media release
19 June 2007
Several groups of pacifists entered the Shoalwater Water Bay Training Area in order to disrupt the Talisman Sabre military exercise. Talisman Sabre, involving US and Australian troops, begins its field component today.
A statement from the groups reads:
We are a group of people concerned about peace and our environment.
Our consciences will not allow us to stand by while troops prepare for more war.
We do not want to see this environment destroyed or exploited for these purposes.?
We plan to stay inside the training area for as long as possible.?
Talisman Sabre is the largest joint military exercise hosted by Australia. 20,000 US troops are participating in this exercise which takes place in numerous training areas and support sites throughout Queensland, the Northern Territory and surrounding seas.
Hundreds of people from around the country have gathered in Yeppoon as part of a Peace Convergence opposing the Talisman Sabre military exercise. Further nonviolent actions have been planned for the week.
For more information visit http://www.blogger.com/www.peaceconvergence.com
Media spokesperson: Treena Lenthall 043 2563 967 Film footage available
--
Peace Convergence
e: info@peaceconvergence.com
w: http://www.blogger.com/www.peaceconvergence.com
m: 043 2563 967
stop the exercises close the bases end the wars
Friday, June 15, 2007
PINE GAP - Sentence - No Jail for Pine Gap4
Statement on behalf of the Pine Gap 4:
We want to thank all our supporters in Alice Springs, across Australia and throughout the world.
We renew our commitment to non-violent resistance, which is a powerful way that ordinary people can make a difference in the world.We encourage others to take their next step in rising up against war. Join your local peace group, or if you can, support actions challenging the US-Australian war games - Operation Talisman Sabre - that will start next week in Queensland. "The choice now is not between violence and non-violence" said Dr Martin Luther King, "the choice is between non-violence and non-existence".
Four Christian pacifists are celebrating after being spared prison sentences in the Northern Territory Supreme Court today.
The Pine Gap Four, found guilty of breaching the Defence (Special Undertakings) Act 1952, have been handed minor fines.
The public gallery erupted into song, applause, cheers and hugs and the feeling of victory and vindication was in the air.
Justice Sally Thomas noted their good behaviour and co-operation in the sentencing decision.
"All four were very genuine in the cause they sought to espouse," said Justice Thomas, "however their actions - no matter for what cause - cannot justify the breaking of the law."
Jim Dowling has been fined $1250, Bryan Law fined $1000, Donna Mulhearn fined $450 and Adele Goldie fined $550. They have also been asked to contribute $2500 each towards cost of fence repair.
Justice Thomas noted that Pine Gap has a significant history of protest and trespass, with past trespassers being fined. "It's a big step up to talk about a jail sentence," she said in court on Thursday. "A prison sentence is one of last resort."
Justice Sally Thomas had allowed the defendants to present evidence throughout the 11 day trial including their beliefs about Pine Gap's role in the war in Iraq which resulted in civilian deaths and suffering. She later instructed the jury to disregard that evidence and any sympathies they might have for the defendant's beliefs.
When Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered Pine Gap's 'Prohibited Area' to conduct a Citizens' Inspection on December 9th 2005, they were well aware of the potential consequences. Attorney-General Philip Ruddock took their actions seriously enough to charge the group under the 55 year old untested Defence (Special Undertakings) Act.
The consequences however are far greater than fines and criminal convictions. The Pine Gap Four conducted their inspection to disrupt the machinery of war and to draw Australia's attention to the missile guidance system in its heart.
Following sentencing today Mr Law said "We have still won. For me it's not about trespass, it's a moral issue.
"Our action was and is calculated to effectively intervene into the war-fighting operation of Pine Gap, under the public gaze, as part of an effective campaign to limit the damage from war in Iraq in the short term, and bring about global disarmament in the medium term.
"What's moral is not always legal, and what is immoral is not always illegal. If there is a minor law that has to be broken in the pursuit of moral faith then I will break it."
Through tears Ms Mulhearn explained "I thought it was the least I could do given the magnitude of the crime I was trying to prevent. I was trying to fulfil the promise I had made to the people of Iraq to do something to stop the war.
"What I did was an attempt to transform a military base into something open and honest."
In the final moments of the trial, Ms Mulhearn pointed to the stained hiking boots she was wearing. She had worn them in an Iraqi marketplace, in the aftermath of a US bomb.
"Now, in this court room, there is blood on my boots. Blood of a human being because of the targeting decisions made in Pine Gap," she said.
Mr Dowling told the jury "We went to that base to resist what is essentially a war crime – the slaughter of hundreds of thousands of civilians."
Ms Goldie also noted Pine Gap's role in crimes against humanity."My action to try to prevent crimes of such tremendous gravity is lawful," she said, referring to the Nuremberg Principles.
During cross-examination Ms Mulhearn questioned the Deputy Chief of Pine Gap, Mr Michael Burgess, about the severity of the charges. She asked Mr Burgess about the demonstrations of 1987 during which hundreds of people entered the declared 'Prohibited Area'.
"Are you aware how many of them were charged under this act?" she asked Mr Burgess."I believe none of them," Mr Burgess replied.
The shroud of secrecy surrounding Pine Gap was maintained during the trial. Justice Thomas ruled in favour of the Commonwealth's submission for public interest immunity at the start of the case. The ruling stated: "Information as to operations of the Joint Defence Facility at Pine Gap except as may be disclosed by the prosecution brief is not relevant to any issue in this case."
Defendant Jim Dowling asked in response: "So they're allowed to give the information they want without us getting a chance to query that?" Justice Thomas concurred.
The Pine Gap Four had already successfully challenged a suppression order made in a secret court in Darwin in 2006 in relation to ASIO's involvement in their arrest.
The question of parliamentary privilege was raised when the defendants flagged their intention to tender a Joint Standing Committee Report from 1999** as part of their case. Ms Mulhearn had spoken against the Commonwealth's submission, claiming it was against the "vibe" of the act.
"As an unrepresented defendant I think I'm allowed to quote from 'The Castle', Your Honour," she said. "I think it's the 'vibe' – that wasn't the vibe of this legislation at all."
Although the report is on the public record, Justice Thomas ruled it inadmissible due to section 16 (3) of the Parliamentary Privileges Act of 1688. Ms Mulhearn expressed grave concerns that this could result in an unfair trial.
In a surreal move described by one defendant as "more Alice in Wonderland tactics", prosecuting counsel asked that a model of Pine Gap base be forfeit to the Commonwealth on the basis that it contravened the Defence (Special Undertakings) Act 1952 section 2 ("A person is guilty of an offence if the person obtains, collects, uses.. a photograph, sketch, plan, model.. [of] a prohibited area. Maximum penalty: seven years."). The model had been brought to the courthouse on June 5 th to clarify a point of evidence. It was constructed prior to the Citizens' Inspection of the base, using Google Earth photographs for reference.
The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, defence of others etc.) to legally justify their actions, but these were ruled inadmissible by Justice Thomas on Tuesday. Nine barristers and lawyers were present for the prosecution case, while the Pine Gap Four represented themselves.
The trial has been closely followed by the international legal community, concerned that the Attorney General's intervention and the use of an archaic act reflect poorly on freedom of speech and political expression in Australia.
** (Report 26: http://www.aph.gov.au/house/committee/jsct/reports/report26/report26.pdf)
We want to thank all our supporters in Alice Springs, across Australia and throughout the world.
We renew our commitment to non-violent resistance, which is a powerful way that ordinary people can make a difference in the world.We encourage others to take their next step in rising up against war. Join your local peace group, or if you can, support actions challenging the US-Australian war games - Operation Talisman Sabre - that will start next week in Queensland. "The choice now is not between violence and non-violence" said Dr Martin Luther King, "the choice is between non-violence and non-existence".
Four Christian pacifists are celebrating after being spared prison sentences in the Northern Territory Supreme Court today.
The Pine Gap Four, found guilty of breaching the Defence (Special Undertakings) Act 1952, have been handed minor fines.
The public gallery erupted into song, applause, cheers and hugs and the feeling of victory and vindication was in the air.
Justice Sally Thomas noted their good behaviour and co-operation in the sentencing decision.
"All four were very genuine in the cause they sought to espouse," said Justice Thomas, "however their actions - no matter for what cause - cannot justify the breaking of the law."
Jim Dowling has been fined $1250, Bryan Law fined $1000, Donna Mulhearn fined $450 and Adele Goldie fined $550. They have also been asked to contribute $2500 each towards cost of fence repair.
Justice Thomas noted that Pine Gap has a significant history of protest and trespass, with past trespassers being fined. "It's a big step up to talk about a jail sentence," she said in court on Thursday. "A prison sentence is one of last resort."
Justice Sally Thomas had allowed the defendants to present evidence throughout the 11 day trial including their beliefs about Pine Gap's role in the war in Iraq which resulted in civilian deaths and suffering. She later instructed the jury to disregard that evidence and any sympathies they might have for the defendant's beliefs.
When Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered Pine Gap's 'Prohibited Area' to conduct a Citizens' Inspection on December 9th 2005, they were well aware of the potential consequences. Attorney-General Philip Ruddock took their actions seriously enough to charge the group under the 55 year old untested Defence (Special Undertakings) Act.
The consequences however are far greater than fines and criminal convictions. The Pine Gap Four conducted their inspection to disrupt the machinery of war and to draw Australia's attention to the missile guidance system in its heart.
Following sentencing today Mr Law said "We have still won. For me it's not about trespass, it's a moral issue.
"Our action was and is calculated to effectively intervene into the war-fighting operation of Pine Gap, under the public gaze, as part of an effective campaign to limit the damage from war in Iraq in the short term, and bring about global disarmament in the medium term.
"What's moral is not always legal, and what is immoral is not always illegal. If there is a minor law that has to be broken in the pursuit of moral faith then I will break it."
Through tears Ms Mulhearn explained "I thought it was the least I could do given the magnitude of the crime I was trying to prevent. I was trying to fulfil the promise I had made to the people of Iraq to do something to stop the war.
"What I did was an attempt to transform a military base into something open and honest."
In the final moments of the trial, Ms Mulhearn pointed to the stained hiking boots she was wearing. She had worn them in an Iraqi marketplace, in the aftermath of a US bomb.
"Now, in this court room, there is blood on my boots. Blood of a human being because of the targeting decisions made in Pine Gap," she said.
Mr Dowling told the jury "We went to that base to resist what is essentially a war crime – the slaughter of hundreds of thousands of civilians."
Ms Goldie also noted Pine Gap's role in crimes against humanity."My action to try to prevent crimes of such tremendous gravity is lawful," she said, referring to the Nuremberg Principles.
During cross-examination Ms Mulhearn questioned the Deputy Chief of Pine Gap, Mr Michael Burgess, about the severity of the charges. She asked Mr Burgess about the demonstrations of 1987 during which hundreds of people entered the declared 'Prohibited Area'.
"Are you aware how many of them were charged under this act?" she asked Mr Burgess."I believe none of them," Mr Burgess replied.
The shroud of secrecy surrounding Pine Gap was maintained during the trial. Justice Thomas ruled in favour of the Commonwealth's submission for public interest immunity at the start of the case. The ruling stated: "Information as to operations of the Joint Defence Facility at Pine Gap except as may be disclosed by the prosecution brief is not relevant to any issue in this case."
Defendant Jim Dowling asked in response: "So they're allowed to give the information they want without us getting a chance to query that?" Justice Thomas concurred.
The Pine Gap Four had already successfully challenged a suppression order made in a secret court in Darwin in 2006 in relation to ASIO's involvement in their arrest.
The question of parliamentary privilege was raised when the defendants flagged their intention to tender a Joint Standing Committee Report from 1999** as part of their case. Ms Mulhearn had spoken against the Commonwealth's submission, claiming it was against the "vibe" of the act.
"As an unrepresented defendant I think I'm allowed to quote from 'The Castle', Your Honour," she said. "I think it's the 'vibe' – that wasn't the vibe of this legislation at all."
Although the report is on the public record, Justice Thomas ruled it inadmissible due to section 16 (3) of the Parliamentary Privileges Act of 1688. Ms Mulhearn expressed grave concerns that this could result in an unfair trial.
In a surreal move described by one defendant as "more Alice in Wonderland tactics", prosecuting counsel asked that a model of Pine Gap base be forfeit to the Commonwealth on the basis that it contravened the Defence (Special Undertakings) Act 1952 section 2 ("A person is guilty of an offence if the person obtains, collects, uses.. a photograph, sketch, plan, model.. [of] a prohibited area. Maximum penalty: seven years."). The model had been brought to the courthouse on June 5 th to clarify a point of evidence. It was constructed prior to the Citizens' Inspection of the base, using Google Earth photographs for reference.
The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, defence of others etc.) to legally justify their actions, but these were ruled inadmissible by Justice Thomas on Tuesday. Nine barristers and lawyers were present for the prosecution case, while the Pine Gap Four represented themselves.
The trial has been closely followed by the international legal community, concerned that the Attorney General's intervention and the use of an archaic act reflect poorly on freedom of speech and political expression in Australia.
** (Report 26: http://www.aph.gov.au/house/committee/jsct/reports/report26/report26.pdf)
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