Showing posts with label hate crimes. Show all posts
Showing posts with label hate crimes. Show all posts

26 December 2019

MEDICAL OPINION, TORTURE AND JULIAN ASSANGE


Medical Opinion, Torture and Julian Assange



On November 27 this year, UN Special Rapporteur on Torture, Nils Melzer, delivered an address to the German Bundestag outlining his approach to understanding the mental health of WikiLeaks founder Julian Assange. These comprised two parts, the initial stage covering his diplomatic asylum in the Ecuadorean embassy, the second dealing with his formal detention in the United Kingdom at the hands of the UK legal and judicial system. The conclusion was a recapitulation of previous findings: that Assange has been subjected to a prolonged, state-sponsored effort in torture, nothing less than a targeting of his being.
Melzer’s address is an expansive portrait of incremental inter-state torment that led to Assange’s confinement “in a highly controlled environment within the Ecuadorean embassy for more than six years.” There was the eventually justified fear that he would be sought by the United States in extradition proceedings. The Swedish authorities threw in their muddled lot between 2010 and 2019, attempting to nab Assange for rape claims despite “not being able to produce enough evidence for an indictment, and which now, after almost a decade, has been silently closed for the third time based on precisely that recognition.”

Then came the British contribution, consisting of encouragement to the Swedes by the Crown Prosecution Service that the investigation should not be closed, inspiring them not to get “cold feet”. (The cold feet eventually came.) The Ecuadorean contribution completed the four-piece set, with the coming to power of a pro-Washington Lenín Moreno. Embassy personnel in London were encouraged to make conditions that less pleasant; surveillance operations were conducted on Assange’s guests and meetings.

Melzer, along with a medical team, attended to Assange on May 9, 2019 in Belmarsh, finding a man with “all the symptoms that are typical of persons having been exposed to psychological torture for a prolonged period of time.” There was little doubt, in Melzer’s mind, that symptoms “already measurable physically, neurologically and cognitively”, had been shown.

These calls went unheeded. Melzer, in early November, accused the UK authorities of showing “outright contempt for Mr Assange’s rights and integrity.” Despite warnings issued by the rapporteur, “the UK has not undertaken any measures of investigation, prevention and redress required under international law.” Melzer’s prognosis was bleak. “Unless the UK urgently changes course and alleviates his inhumane situation, Mr Assange’s continued exposure to arbitrariness and abuse may soon end up costing his life.”

This point has been restated by Dr. Stephen Frost, a chief figure of the dedicated outfit calling itself Doctors for Assange. “We repeat that it is impossible to assess adequately let alone treat Mr Assange in Belmarsh prison and that he must as a matter of urgency be moved to a university teaching hospital. When will the UK government listen to us?”

The medical degrading of Assange has assumed ever greater importance, suggesting unwavering state complicity. On November 22, over 65 notable medical doctors sent the UK Home Secretary a note based on Melzer’s November 1 findings and Assange’s state at the October 21 case management hearing at Westminster Magistrates Court. “It is our opinion that Mr Assange requires urgent expert medical assessment of both his physical and psychological state of health. Any medical treatment indicated should be administered in a properly equipped and expertly staffed university teaching hospital (tertiary care).”

In a second open letter to the UK Lord Chancellor and Secretary of State for Justice dated December 4, the Doctors for Assange collective warned that the UK’s “refusal to take the required measures to protect Mr Assange’s rights, health and dignity appears [to] be reckless at best and deliberate at worst and, in both cases, unlawfully and unnecessarily exposes Mr Assange to potentially irreversible risks.”

The same grounds were reiterated in a December 16 letter to Australian Foreign Minister Marise Payne, with a curt reminder that she had “an undeniable legal obligation to protect your citizen against the abuse of his fundamental rights, stemming from US efforts to extradite Mr Assange for journalism and publishing that exposed US war crimes.” In the event that Payne took no action on the matter, “people would want to know what you […] did to prevent his death.”

In the addendum to the open letter, further to reiterating the precarious state of Assange’s health and medical status as a torture victim, the doctors elaborate on the circular cruelty facing the publisher. An individual deemed “a victim of psychological torture cannot be adequately medically treated while continuing to be held under the very conditions constituting psychological torture, as is currently the case for Julian Assange.” Appropriate medical treatment was hardly possible through a prison hospital ward.

A lesson in understanding mental torture is also proffered. “Contrary to popular misconception, the injuries caused by psychological torture are real and extremely serious. The term psychological torture is not a synonym for mere hardship, suffering or distress.”

At Assange’s case management hearing on December 19, restrictions on medical opinion were again implemented; psychiatrist Marco Chiesa and psychologist David Morgan were prevented from attending. Both had been signatories to the spray of open letters. According to Morgan, he had hoped to “provide some observations about Julian Assange’s health, psychologically, and with my colleagues, physically.” Instead, it transpired that access was denied, according to psychologist Lissa Johnson, “despite members of the public offering to give up seats for them.”

Cold-shouldering expert opinion can be counted as one of the weapons of the state in punishing whistleblowers and publishers. The State has always made it a bureaucratic imperative to sift the undesirable evidence from the apologetic message. Accepting Assange’s condition would be tantamount to admission on the part of UK authorities, urged on by the United States, that intolerable, potentially martyring treatment, has been meted out to a publisher.

More articles by:
Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

16 April 2015

PAYPAL AND FINANCING HATE - REPORT FROM SOUTHERN POVERTY LAW CENTRE



Let’s say you’re in the market for a nice white-power hoodie or the latest CD from the hatecore band Brutal Attack. Or perhaps you just want to give some money to your favorite white supremacist outfit. You’ll probably log onto a hate site, say the Holocaust-denying Barnes Review or the racist White Rabbit Radio, and head to their online shopping carts. And there you’ll more than likely find yourself being asked to use a PayPal account to move money to these organizations.

PayPal, a wholly owned subsidiary of eBay, serves as the main financial tool for transferring money to American hate groups, and it earns fees on every transaction that vary in size according to a variety of factors. Research conducted by the Intelligence Report finds that at least 69 of the hate groups listed by the Southern Poverty Law Center (SPLC) rely on PayPal to help finance their activities.

The irony is that PayPal bans such activity in its terms of service. PayPal says that its policy “regarding payments for goods and services that may promote hate, violence, or intolerance” considers the following factors: 1) The promotion or glorification of hate, violence or intolerance because of a person’s race, religion, national origin, ethnicity, gender, disability, or sexual orientation; 2) any graphic portrayal of violence or victims of violence; and 3) previous activity associated with the account holder. It specifically bans the sale of “[i]tems containing Nazi, SS, or Ku Klux Klan symbols, including authentic German WWII memorabilia.”


 
Amazon helps sell hate literature like John Derbyshire’s From the Dissident Right. It also pays commissions to hate sites like VDARE when followers shop at the online retailer via a VDARE portal.

PayPal has taken steps to stop some hate sites from using its services. The largest and oldest white supremacist Web forum, Stormfront, had its PayPal account yanked some years ago for violation of its policy. Similarly, the neo-Nazi Vanguard News Network (VNN), whose motto is “No Jews. Just Right,” no longer is allowed to use PayPal. PayPal can be so vexing to white supremacists that an entire post on VNN tells readers how to evade its policies by creating anonymous accounts.

PayPal responded to the Report’s request for comment by asking for a list of hate sites using the service. “You are correct that PayPal does not allow the use of our service for the payment for goods or services that promote hate, violence or racial intolerance,” wrote Peter Gau of PayPal’s media department. “Though we can’t comment on specific accounts due to our privacy policy, we do review accounts which have been flagged to aupviolations@paypal.com for possible breaches of this important provision of our Acceptable Use Policy, and take action if appropriate. I encourage you to send the names of the sites you mention to this email address so our team can review” them. At press time, it wasn’t clear if PayPal had cut off service to any sites on the SPLC list or, if so, how many were affected.

Other Fish in the Sea

PayPal is not the only merchant service that serves hate groups, however inadvertently. Over at Amazon, the world’s largest online retailer, it’s possible for hate sites to earn money in a number of ways. Hate groups can and do advertise qualifying Amazon products on their own sites and earn commissions of up to 10%. A neo-Nazi site, for instance, could advertise books about World War II sold by major publishers and earn fees for referring its supporters to Amazon to buy them. In addition, even without advertising specific Amazon products, hate sites can and do encourage their visitors to do all their shopping at Amazon via portals on the hate sites, again generating significant commissions for the sites’ operators.

Take the blog VDARE.com, named after Virginia Dare, the first English child born in the Americas and a potent symbol for white nationalists. VDARE specializes in bashing non-white immigrants and is home to such illuminating essays as “IQ: Why Africa is Africa — and Haiti Haiti.” In December, VDARE was carrying a banner ad atop its front page reading, “Amazon.com: Stop by Christmas Corner,” and linking to holiday products on Amazon’s site. On the same front page, VDARE implored supporters, “Remember to enter Amazon via the VDARE.com link and we get a commission on any purchases you make—at no cost to you!”



 
White Rabbit Radio is one of many hate websites that benefit from their relationships with PayPal and Amazon.

Amazon also facilitates the sale of publications by hate groups. For instance, Amazon sells a Kindle version of John Derbyshire’s From the Dissident Right, published by VDARE.com Books, and earns a small commission for doing so.

It’s not publicly known how much money VDARE earns from its relationship with Amazon, but it is likely a fair amount. In the case of the white nationalist book-selling site Counter-Currents Publishing, the site’s operators reported in December that it had earned nearly $20,000 through its referrals to Amazon.

Counter-Currents puts it like this: “[T]here is a way for you to help Counter-Currents all year ’round: our Amazon.com Affiliate program. Wouldn’t it be great if you could choose where your sales taxes go? Well, Amazon.com’s Affiliate Program allows you to earmark 7% of your Amazon purchases to Counter Currents at no additional cost to you. That is about the average sales tax that Americans pay,” reads the copy on their site. “It’s simple: just enter Amazon.com from Counter-Currents, and we will receive a cut of anything you buy during that visit at no additional cost to you. That’s anything you buy, from books to DVDs to diapers.” The publishing house says that for about two years it had made about $200 a month through Amazon, but that that number tripled in August of last year.

Counter-Currents, which sells such books as The Jewish Strategy by deceased Holocaust denier Revilo Oliver and collections of essays like those of the late neo-Nazi leader William Pierce, is run by two stalwarts of the white supremacist movement. The group’s longtime webmaster, Michael Polignano, praised Pierce during a 2004 speech to the European-American Unity and Rights Organization, run by former Klan leader David Duke. Earlier, in 2000, Polignano set off a firestorm of controversy when, while an undergraduate at Emory University, he wrote an editorial in the student newspaper arguing that “intelligence is primarily a matter of genetics and that the races differ considerably in their intelligence.”

Polignano’s partner, Counter-Currents editor Greg Johnson, has written such essays as one praising the late British fascist leader Oswald Mosley. Another Johnson essay described a dystopian future for America with “racial conflict exacerbated by massive non-white immigration, blatant anti-white discrimination, and desperate economic scarcity; and, of course, the ruinous costs of a new series of wars and interventions in the neighborhood of Israel.”

The group also solicits donations through a PayPal account. As of November 2013, Counter-Currents said it had raised nearly $40,000 through that account.

‘Taking Appropriate Action’

Another site that refers supporters to Amazon in return for commissions is the Pioneer Little Europe Kalispell Montana blog. Run by well-known neo-Nazi activist April Gaede, the blog is committed to “creating racially conscious White communities” in Kalispell and elsewhere. In December, it was advertising a radical survivalist book sold on Amazon, Patriots: A Novel of Survival in the Coming Collapse. Similarly, Bob’s Underground Graduate Seminar blog, which is dedicated to “fighting white genocide,” makes referrals to Amazon to fund its activities.

The Report contacted Amazon in September about the participation of hate groups and hate sites in Amazon programs that earn them commissions. Amazon said it would assign “appropriate teams to investigate, review applicable policies, and take appropriate action” but that it would not give out “information about any action taken.” Three months later, in early December, the Counter-Currents and VDARE hate sites were still earning commissions through Amazon.

For hate groups like Stormfront that have been banned from PayPal there are other options for online money transfers. Stormfront now uses something called eWebcarts.com, an online service that does not appear to be used by any of the other hate sites reviewed by the Report. It is unclear who runs eWebcarts, as it is registered to a proxy and no information about the site appears online.

Another option, this one used by a Tennessee-based white supremacist radio show entitled “The Political Cesspool,” is Authorize.net. The racist Sons of Aesir Motorcycle Club uses something called miiduu.com, which also accepts PayPal accounts. The virulently anti-gay organization called You Can Run But You Cannot Hide is powered by Volusion. And North East White Pride, a group of New England neo-Nazis, uses Merchant One. But by and large, PayPal is the service of choice.

For more information on Stormfront, see sp.lc/groups-stormfront.

Keegan Hankes contributed to this report.

22 January 2014

ASYLUM SEEKERS DEMONISED BY THE HATE OF GOVERNMENTS AND MEDIA

Ponder the fact that there is no outcry from the population, no outcry from the media, and most politicians are silent on the issue.

Ponder the fact that where money is involved, discussions are loud and widespread.

Ponder the fact that people in Australia all come from other countries except the indigenous Aboriginal people of Australia.

Ponder the fact that all these boat people - read aeroplanes for mid-20th century onwards - are so antagonistic to the latest newcomers and try and explain.

Xenophobia has become a national pastime, and because so many of the asylum seekers are from Muslim countries because of the imperialist wars waged in their countries by the likes of Australia, you have a country whose population is amongst the most racist in the world.

Asylum seekers are sent to concentration camps in other countries where they are out of sight, out of mind, and when there are incidents involving Australian military or naval personnel the asylum seekers tell lies about what has happened to them in the hands of these personnel.

Then you get ministers saying they would sooner believe version given to him by the military/navy than some asylum seekers who wouldn't be truthful in any event, and you return to the "children overboard" lies of the Howard government era.

So what has changed in all the years since Paul Keating introduced the first concentration camps in Australia?

The situation has worsened year by year and governments have become more like South African and Israeli jailers in their apartheid states, and you get democracy having disappeared altogether.

The outcome for these poor people fleeing from the horrors inflicted on their countries by the likes of Australia is tragic in the extreme, and for those of us watching from the sidelines and feeling more and more helpless as time passes, one can only wonder why more and more of the people in these desperate situations are not committing suicide at a greater rate.

When there is no hope, what else can one do?

Border protection - but from whom?

30 September 2011

THE DEATH PENALTY WORLDWIDE





The Death Penalty Worldwide



According to Amnesty International, 137 countries have abolished the death penalty. Argentina, Chile, and Uzbekistan outlawed the death penalty in 2008. During 2007, 24 countries, 88% in China, Iran, Pakistan, Saudi Arabia, and the United States alone, executed 1,252 people compared to 1,591 in 2006. Nearly 3,350 people were sentenced to death in 51 countries. More than 20,000 prisoners are on death row across the world. See also U.S. Figures.

Death Penalty Outlawed (year)1

Albania (2000)
Andorra (1990)
Angola (1992)
Argentina (2008)
Armenia (2003)
Australia (1984)
Austria (1950)
Azerbaijan (1998)
Belgium (1996)
Bhutan (2004)
Bosnia-Herzegovina (1997)
Bulgaria (1998)
Cambodia (1989)
Canada (1976)
Cape Verde (1981)
Chile (2008)
Colombia (1910)
Cook Islands (2007)
Costa Rica (1877)
Côte d'Ivoire (2000)
Croatia (1990)
Cyprus (1983)
Czech Republic (1990)
Denmark (1933)
Djibouti (1995)
Dominican Republic (1966)
East Timor (1999)
Ecuador (1906)
Estonia (1998)
Finland (1949)
France (1981)
Georgia (1997)
Germany (1949)
Greece (1993)
Guinea-Bissau (1993)
Haiti (1987)
Honduras (1956)
Hungary (1990)
Iceland (1928)
Ireland (1990)
Italy (1947)
Kiribati (1979)
Liberia (2005)
Liechtenstein (1987)
Lithuania (1998)
Luxembourg (1979)
Macedonia (1991)
Malta (1971)
Marshall Islands (1986)
Mauritius (1995)
Mexico (2005)
Micronesia (1986)
Moldova (1995)
Monaco (1962)
Montenegro (2002)
Mozambique (1990)
Namibia (1990)
Nepal (1990)
Netherlands (1870)
New Zealand (1961)
Nicaragua (1979)
Niue (n.a.)
Norway (1905)
Palau (n.a.)
Panama (1903)
Paraguay (1992)
Poland (1997)
Portugal (1867)
Philippines (2006)
Romania (1989)
Rwanda (2007)
Samoa (2004)
San Marino (1848)
São Tomé and Príncipe (1990)
Senegal (2004)
Serbia (2002)
Seychelles (1993)
Slovak Republic (1990)
Slovenia (1989)
Solomon Islands (1966)
South Africa (1995)
Spain (1978)
Sweden (1921)
Switzerland (1942)
Turkey (2002)
Turkmenistan (1999)
Tuvalu (1978)
Ukraine (1999)
United Kingdom (1973)
Uruguay (1907)
Uzbekistan (2008)
Vanuatu (1980)
Vatican City (1969)
Venezuela (1863)

Death Penalty Outlawed for Ordinary Crimes2 (year)

Bolivia (1997)
Brazil (1979)
Cook Islands (n.a.)
El Salvador (1983)
Fiji (1979)
Israel (1954)
Kazakhstan (2007)
Kyrgyzstan (2007)
Latvia (1999)
Peru (1979)

De Facto Ban on Death Penalty3 (year)4

Algeria (1993)
Benin (1987)
Brunei Darussalam (1957)
Burkina Faso (1988)
Central African Republic (1981)
Congo (Republic) (1982)
Eritrea (n.a.)
Gabon (n.a.)
Gambia (1981)
Ghana (n.a.)
Grenada (1978)
Kenya (n.a.)
Korea, South (n.a.)
Laos (n.a.)
Liberia (n.a.)
Madagascar (1958)
Malawi (n.a.)
Maldives (1952)
Mali (1980)
Mauritania (1987)
Morocco (1993)
Myanmar (1993)
Nauru (1968)
Niger (1976)
Papua New Guinea (1950)
Russia (1999)
Sri Lanka (1976)
Suriname (1982)
Swaziland (n.a.)
Tajikistan (n.a.)
Tanzania (n.a.)
Togo (n.a.)
Tonga (1982)
Tunisia (1990)
Zambia (n.a.)

Death Penalty Permitted



Afghanistan
Antigua and Barbuda
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Botswana
Burundi
Cameroon
Chad
China (People's Republic)
Comoros
Congo (Democratic Republic)
Cuba
Dominica
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Ghana
Guatemala
Guinea
Guyana
India
Indonesia
Iran
Iraq
Jamaica
Japan
Jordan
Korea, North
Korea, South
Kuwait
Laos
Lebanon
Lesotho
Libya
Malawi
Malaysia
Mongolia
Nigeria
Oman
Pakistan
Palestinian Authority
Qatar
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Saudi Arabia
Sierra Leone
Singapore
Somalia
Sudan
Swaziland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Trinidad and Tobago
Uganda
United Arab Emirates
United States
Vietnam
Yemen
Zambia
Zimbabwe

NOTE: n.a. = date not available. 1. If death penalty was outlawed for ordinary crimes before it was outlawed in all cases, the earlier date is given.
2. Death penalty is permitted only for exceptional crimes, such as crimes committed under military law or in wartime.
3. Death penalty is sanctioned by law but has not been the practice for ten or more years.
4. Year of last execution. Source: Amnesty International.

Information Please® Database, © 2007 Pearson Education, Inc. All rights reserved.
State Sponsors of Terrorism, the “Axis of Evil,” and “Outposts of Tyranny” Political Statistics The Top 10 Underreported Humanitarian Stories of 2006



More on Death Penalty Worldwide from Infoplease:

The Supreme Court: Must a Jury Decide the Death Penalty? - Supreme Court cases involing death sentence in Arizona and if a jury's decision can be overruled by the judge.
Capital Punishment in the U.S. - Deadly Questions Study raises questions about capital punishment in the U.S. by David Johnson This ...
Capital Punishment: Here & Abroad - Death Penalty Update Here & Abroad by John Gettings The United States' debate on the ...
The Supreme Court: Is the Death Penalty Cruel and Unusual Punishment? - Supreme Court cases involving death sentences in Virginia of Daryl Renard Atkins in 1996.
Understanding the Turkey-Kurd Conflict - Background on the Kurdish conflict and the arrest of Abdullah Ocalan by Turkey.


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HighBeam Research

Related content from HighBeam Research on: The Death Penalty Worldwide

Stop the Killing Machine.(anti-death penalty views gaining worldwide momentum) (The Progressive)

LIFE VERSUS DEATH.(worldwide plea for abolition of death penalty)(Critical Essay)(Statistical Data Included) (Europe)

In U.S., Two-Thirds Continue to Support Death Penalty; Little change in recent years despite international opposition.(Survey) (Gallup Poll News Service)

International reaction to death penalty practices in the United States (Human Rights)

Death penalty target of Catholic leaders. (through all layers of the hierarchy it is decried)(Column) (National Catholic Reporter)

Mercy and Punishment: Buddhism and the Death Penalty. (Social Justice)

Rethinking the Death Penalty.(history, moral and ethical aspects of death penalty in the United States) (Corrections Today)

Discriminatory, costly, death penalty lives on.(Column) (National Catholic Reporter)

The cost of capital punishment: death-penalty opponents are using a new argument for tough economic times: that capital punishment is too expensive.(NATIONAL) (New York Times Upfront)

In U.S., 64% Support Death Penalty in Cases of Murder; Half say death penalty not imposed often enough.(Survey) (Gallup Poll News Service)

Read more: The Death Penalty Worldwide — Infoplease.com


20 September 2011

DENNIS ALTMAN WANTS TO HEDGE HIS BETS ON THE ISRAEL-PALESTINE CONFLICT - BUT HE'S WRONG!





The item below is an article by Dennis Altman in The Age newspaper on 19 September 2011. In the article Altman seems to express the view that Israel ought to support the Palestinian bid for statehood at the United Nations as it would be in Israel's interests because of its oft-declared support of a two-state solution.

Surely if Altman had studied the situation ingreater depth he would have come to realise a long time ago that Israel's agenda is not, will not be and has never been in the past, to permit a Palestinian state in its midst.

Israel's intention, from the earliest zionist activist days, has been to occupy the whole of Palestine and turn it into a Jewish state, for Jews only. Kick the Palestinians out by fair means or foul - usually foul, and bit by bit occupy the whole of Palestine so that a separate state is an actual impossibility.

This is already the situation on the ground with so many settlers in the Occupied Territories and the "Berlin apartheid Wall" stealing large portions of an already-shrunk West Bank of Palestinian territory.

Australia will support whatever the United States does in the UN and the UN Security Council. They will both oppose Palestinian statehood.

While the bid for a state of Palestine is fraught with difficulties and problems, it would permit a bargaining position for the Palestinians and force Hamas and Abbas to find a modus vivendi in order to consolidate negotiating positions with Israel.

Ultimately, because it will have no other choice, Israel and Palestine will have to live together, and the ultimate answer for the land of Palestine is for it to become one democratic Israeli-Palestinian state which both sides of the problem refuse to contemplate at the moment.

As fro the other issue in Altman's article, Boycott, Divestment and Sanctions (BDS) worked with the apartheid South African regime, when many international multi-national organisations pulled the plug on their South African operations.

The BDS support is growing internationally daily, and although at this stage the USA still supports Israel unreservedly, some of its long-term At=rab allies are beginning to raise questions.

Whether they will prevail or not in the longer term, Israel has already damaged itself irreparably and the friends it has had will not be there in the indefinite future.

Now read Dennis Altman''s article:

Israel's opposition to recognising Palestine is a puzzle
Dennis Altman
September 19, 2011

The move to recognise Palestinian statehood is led by President Mahmoud Abbas.

The passionate support for Israel in Australia is also hard to explain.

FOR elements of both left and right in Australia, the Palestinian-Israeli dispute has become an issue of the first order, quite unrelated to any realistic assessment of its importance to Australia.

Some members of the Greens and the ALP support boycotts of Israeli products, which has created confrontations in Melbourne and Sydney. The mainstream of both major parties remains deeply committed to Israel, and any criticism of its government is denounced rather than discussed.

Even the suggestion that Australia might abstain from rather than oppose this week's General Assembly vote on recognising Palestinian statehood will bring abuse on the government.

Israel, backed by the United States, insists that admitting a Palestinian state to the United Nations would be a blow to the peace process. ''The road to peace,'' said US Secretary of State Hillary Clinton, ''runs through Jerusalem and Ramallah, not New York.''

It is understandable that the Israeli government does not want to legitimise the General Assembly as a mediator in the conflict. The assembly vote would recognise the pre-1967 borders of Israel, thus eliminating large areas of Israeli settlement over the past 30 years.

Yet the Israeli government's adamant opposition to recognition of a Palestinian state is puzzling. If Israel is committed, as it says, to a two-state solution, would recognition not help in cementing support for the concept? Indeed, as increasing numbers of Palestinians and some Israelis come to argue that a two-state solution is no longer feasible, and as demographic changes threaten the ''Jewishness'' of Israel under its current borders, it is in Israel's long-term interests to build support for the two-state model.

The move to recognise Palestinian statehood is led by the more moderate faction under President Mahmoud Abbas, with whom Israel has consistently claimed it can negotiate. Indeed, some senior Hamas figures have spoken against it: one claimed it would mean ''the Palestinian resistance won't be allowed to fire one single gunshot at the Israeli occupation''. Is this not for Israel a desirable outcome?

Since the 1967 war, Israel has consistently placed short-term tactical victories ahead of longer-term strategic thinking. It has relied on military force and American backing to maintain a status quo. But one consequence of the so-called Arab Spring is that Israel's de facto Arab allies, particularly Egypt, can no longer be relied on to back this status quo.

It is significant that Turkey is moving quickly from being a de facto ally of Israel to a leading proponent of the Palestinian cause. This does not mean that Turkey seeks the abolition of the state of Israel. It is a signal that the most powerful country in the region - and a democracy, despite the claim that Israel is the only such state in the Middle East - recognises that a paradigm shift is required.

This is rarely acknowledged in Australia, where debate, while sometimes intense, rarely goes beyond entrenched set pieces on both sides. The pro-Palestinian lobby is small, and too often engages in acts that are counterproductive. The pro-Israeli lobby is far larger and influential, and has powerful emotional support on both sides of politics. Kevin Rudd once claimed that support for Israel was in his DNA, and Julia Gillard and Tony Abbott seem determined to go one better.

Just why there is such passionate support for Israel is difficult to explain. Neither national interest nor the small Jewish population explain it. I suspect it is born of the formative experiences of political leaders, now in their 40s and 50s; note that Gillard was a student leader when the national movement was destroyed by ferocious debates on Palestine.

Most of our political leaders identify with Israel as part of the mythical ''free world'' that Abbott says President Barack Obama leads, forgetting that this term was a product of the Cold War. They have ended up supporting an American position that is almost certainly more hardline than Obama himself would espouse were he not facing a difficult election in which the pro-Israeli lobby is enormously important.

Twenty years ago negotiating with the PLO was also denounced as against Israel's interests, until it became official government policy. In the same way UN recognition of the reality of a Palestinian state might break a deadlock. Those who are really concerned for the survival of Israel need recognise that a peaceful settlement is not necessarily achieved through support for every Israeli administration.

Dennis Altman is director of the Institute for Human Security at La Trobe University.




15 June 2011

ASYLUM SEEKERS - AUSTRALIA'S DISGUSTING, DISGRACEFUL BEHAVIOUR!!





It is difficult to know where to start with the issue of asylum seekers trying to come to Australia - politicians are trying to outdo each other in their appalling behaviour and each is getting worse than the other! In the end, are they any different from John Howard and his Tampa and his Peter Reith??

The trouble with it all is that most people who live in Australia have been asylum seekers of one sort or another over the past 200 years. It makes one shudder to imagine what would have happened to many of our ancestors if they had arrived here to be treated like this current crop of desperate people.

What makes it so much worse is that Australia, the pathetic lackey of imperialist USA, is involved in all the nefarious exercises with that country which makes so many millions of people in various countries need to flee the terror in their homelands.

I personally needed to flee my homeland because of the police-state nature of the world in which I was living, and am in the nature of an asylum seeker. I was lucky on several counts. I am white, speak English, have a tertiary education, and had a father who happened to have been born in Australia, although he only lived here for the first 8 years of his life - enough for me to qualify for Australian citizenship by descent!!!

What if??? There were enough people wanting to flee the terror of apartheid South Africa who were none of the above and so were not able to get out of that benighted country when they were desperate.

There are many people in this country who are very unhappy about the behaviour of the politicians who are running the show. Not enough of them are raising their voices to protest at "man's inhumanity to man".

The following article in The Age of 15 June 2011 is one of too few by those who have access to the media - which I do not have - who could make a difference, but don't.

The only way I have of making my small voice heard is by putting such items on my blog and on my web pages, both of which the mass media have no control over - fortunately!!

So read the article and raise your voices, loud and clear!!

Rescue us from this madness


David Day


June 15, 2011

Illustration: Andrew Dyson.

Neither side of politics has the courage to restore decent Australian values to the debate over asylum seekers.

WHEN future historians sit down to write our history, they will be puzzled and doubtless dismayed at the increasingly harsh treatment meted out to asylum seekers who fetch up on our shores after enduring hazardous voyages in small boats. Instead of receiving our sympathy and succour, they are thrown behind razor wire for long periods of mind-destroying detention. How did it come to this?

Back in early 1990, when I was writing a history of the Australian Customs Service, I flew along the Kimberley coastline in a small Coastwatch aircraft looking mainly for Indonesian fishermen. There was also the possibility of sighting a refugee boat, following the arrival weeks earlier of such a boat from Cambodia, the first to have come all the way from that war-racked place.

Looking through the Customs records in Broome, I came across the correspondence relating to that first boat, which had brought an extended family of 26 people. They had come ashore and been reported by the local Aboriginal people, who thought the people were Indonesians.

Even when their true origins became known, there was none of the hysterical hullabaloo that now infects the political debate. Instead, matter-of-fact newspaper reports showed pictures of grinning women and children relieved that their month-long journey was over, while headlines noted their ''amazing 5000 km voyage''. In that more innocent age, a Broome tourist operator even offered to house the whole group and employ its adult members.

Such an outcome would have been ideal. The refugees would have had immediate livelihoods, while Broome's labour shortage would have been eased. Alternatively, they could have been taken to a reception centre elsewhere, where their needs could have been assessed and housing and jobs organised. Instead, a posse of immigration officials escorted the refugees into months of detention in Sydney.

The bureaucratic reception was in marked contrast to the humane treatment of other refugee arrivals, whether it was Jews fleeing Hitler, displaced Europeans after the Second World War, Hungarians in 1956, Vietnamese fleeing their homeland or Chinese students seeking refuge after the Tiananmen Square massacre. And it had the unfortunate effect of locking both sides of politics into an approach that would get increasingly harsh as populist politicians and radio shock jocks began to bang away at the drums of fear and suspicion.

To his eternal discredit, John Howard took the drum-banging to new heights over the Tampa, when shipwrecked asylum seekers were met by gun-toting members of the SAS. This extreme response was a chance for then Labor leader Kim Beazley to show his mettle and remind Australians of their humanitarian obligations. But he funked his chance. There was an election in the offing and there was no time for talk of values or principles. Labor has been boxed in by the debate ever since and recently pushed into ever more extreme positions of its own desperate devising.

Now Australians are presented with the bizarre solution of sending 800 asylum seekers into the harsh clutches of the Malaysian government in return for 4000 of their refugees. The best that Tony Abbott can offer in response to this exercise in human trafficking is to suggest reopening the failed Nauru detention centre.

Back in the Howard years, when the Woomera detention centre was a byword for infamy, I suggested that it be kept as a historical monument to remind passing tourists of the moment of madness that had gripped us back then. Perhaps because of my suggestion, when the detention centre was closed, the site was bulldozed. Although there are no reminders at Woomera, every state now has a monument to our continuing madness.

Neither side of politics can take pride in the stands they have taken, the fears they have evoked and the damage they have caused to the most vulnerable of people. There is a solution, but it will take political courage. Political leaders on both sides have to restore decent Australian values and principles to the debate, which demand that people be treated with dignity, respect and humanity. Why should that be so hard, and why have political leaders of the major parties lacked the courage to do so?

Kim Beazley failed to display ticker over the Tampa, choosing short-term political results over long-term reputation, and was punished for being a tin man. Julia Gillard follows that sorry example as she thinks up ever more extreme ''solutions''. Labor has allowed Tony Abbott to portray himself as offering a more humane solution on Nauru than Labor offers in Malaysia or on Manus Island. And so Labor continues to be boxed in by John Howard's cruel political trap.

In the 21 years since that first Cambodian boat, while the politics have become increasingly fraught to the point of obscenity, the practical problem of dealing with asylum seekers has remained just as manageable as it was in 1989. There was no need to use detention centres back then and there is no need now.

Instead of fortified camps for mandatory and indefinite detention, we need reception centres where new arrivals can be briefly housed and processed, before being moved quickly into one of the many Australian communities that would welcome them. We also need a staff of immigration officers in Jakarta to process refugee applications, with preference for family reunion to deter desperate people heading here by boat. It just requires a leader with the courage to reframe the debate in terms of decent principles and values. Only then will the arguments of the fearmongers be neutralised once and for all.

David Day is the biographer of three Labor prime ministers. His most recent book is Conquest: How Societies Overwhelm Others.


13 June 2011

ISRAEL AND INDIA IN THE SPOTLIGHT!





This article in The Age newspaper on 13 June 2011 has to be one of the most insightful articles of recent times on those two "bastions of democracy, Israel and India".

A MUST READ article!!!

Tremors on mountains of tyranny


Pankaj Mishra

June 13, 2011

Illustration: Andrew Dyson.
Non-violent mass movements against India and Israel pose a challenge to the pronouncements of Barack Obama.

AT A dark moment in postcolonial history, when many US-backed despots seemed indestructible, the great Urdu poet Faiz Ahmed Faiz wrote: ''We shall witness [the day] when the enormous mountains of tyranny blow away like cotton.'' That miraculous day finally came in Egypt and Tunisia this northern spring. We have since witnessed many of the world's legislators scrambling to get on the right side of history.

Addressing the ''Muslim world'' last month, President Barack Obama hailed ''the moral force of non-violence'', through which ''the people of the region have achieved more change in six months than terrorists have accomplished in decades''. But Obama failed to acknowledge the fact that the US enabled, and often required, the ''relentless tyranny of governments that deny their citizens dignity''. And he gave no sign that he would respect the moral authority of non-violent mass movements ranged against America's closest allies, India and Israel.

Let's not forget: before the Arab spring of 2011, there was the Kashmiri summer of 2010.

Provoked by the killing of a teenage boy in June last year, thousands of Kashmiris took to the streets to protest against India's brutal military occupation of the Muslim-majority valley. Summer is the usual ''season for a face-off in Kashmir'', as Indian filmmaker Sanjay Kak writes in Until My Freedom Has Come: The New Intifada in Kashmir, a lively anthology of young Kashmiri writers, activists, rappers and graphic artists. There is little doubt that Kashmiris, emboldened by the Arab spring, will again stage massive demonstrations.

The chances of a third intifada in the Palestinian territories occupied by Israel are just as high, as Israeli Prime Minister Benjamin Netanyahu devises ever greater hurdles to self-determination for his Arab subjects. In the next few months we will see more clearly than before how India and Israel - billed respectively as the world's largest, and the Middle East's only, democracy - respond to unarmed mass movements.

Certainly, they have shown no sign of fresh thinking. India's security establishment fell back last summer on reflexes conditioned by two decades of fighting a militant insurgency during which more than 70,000 people have died; 8000 have ''disappeared'', often into mass graves; and innumerable others have been subjected to ''systematic torture'', according to a rare public outburst from the Red Cross.
Last summer, soldiers fired at demonstrators, killing 112 civilians, mostly teenagers. (Kashmir has many of its own Hamza al-Khatibs, a 13-year-old tortured and mutilated by the Syrian government). The Indian government imposed round-the-clock curfews (one village was locked in for six weeks) and banned text messaging on mobile phones, while police spies infiltrated Facebook groups in an attempt to hunt down organisers of demonstrations.

Faced with non-violent Palestinian protesters, who correctly deduce that their methods have a better chance of influencing world opinion than Hamas's suicide bombers, Israel has not varied its repertoire of repression much. For years now the West Bank village of Bilin has campaigned against the Israeli government's appropriation of its lands. Israel responded by jailing its leader, Abdallah Abu Rahmah, often called the Palestinian Gandhi, for 15 months - ''solely'', according to Amnesty International, ''for the peaceful exercise of his right to freedom of expression and assembly''.

Encouraged by Egyptians and Tunisians, masses of unarmed Palestinians marched last month to the borders of Israel to mark the dispossession of 750,000 Palestinians in Mandate Palestine. Israeli soldiers met them with live gunfire, killing more than a dozen.

Of course, occupations damage the occupier no less than the occupied. Revanchist nationalism has corroded democratic and secular institutions in both India and Israel, which, not surprisingly, have developed a strong military relationship in recent years.

Israeli counter-insurgency experts now regularly visit Kashmir.
India and Israel, both products of botched imperial partitions, were the Bush government's two most avid international boosters of the catastrophic ''war on terror'', deploying the ideological templates of the wars in Afghanistan and Iraq - democracy versus terrorism, liberalism versus fundamentalism - to justify their own occupations.

Jingoistic media helped hardliners in both countries to demonise their political adversaries as terrorists or terrorist sympathisers. Liberal opinion grew almost inaudible. Writing in The New York Review of Books, Israeli scholar and activist David Shulman lamented: ''Israeli academic intellectuals as a group have failed to mount a sustained and politically effective protest against the occupation.'' This is also true of the Indian intelligentsia.

So the burden of non-violent protest in India and Israel has fallen almost entirely on the victims of the occupation. Many liberal commentators try to condone their passivity by deploring the absence of non-violent protests in Kashmir and Palestine (never mind the fact that the first intifadas in both places in the late 1980s turned violent only after being savagely suppressed).

The moment of truth is fast approaching for those powerful men who preach the high morality of non-violence to the powerless. Only a US veto seems likely to prevent UN member states from declaring a new Palestinian state in September. But Palestinians may rise up against their colonial overlords well before this expected rejection. As political philosopher Michael Walzer points out, Israel would then confront ''something radically new. How can it resist masses of men and women, children too, just walking across the ceasefire lines?''

The tactics of young, tech-savvy Kashmiris have already confused and bewildered the Indian government, whose recent actions - censoring The Economist, forcing spying rights out of BlackBerry and Google - evoke the last-minute desperation of the Arab world's mukhabarat (secret police) states. The mass movement in Kashmir, which has emerged after two decades of a futile militant insurgency, poses, as Kashmiri journalist Parvaiz Bukhari writes in Until My Freedom Has Come, an unprecedented ''moral challenge to New Delhi's military domination''.

The stage is set, then, for a northern summer of protests. They may well meet with live bullets rather than offers of negotiation and compromise. It will be fascinating to see if Obama makes good his claim last month that the US ''opposes violence and repression'' and ''welcomes change that advances self-determination''. Certainly, as the corpses of the Palestinian and Kashmiri Hamza al-Khatibs pile up, there will be the usual flurry of intellectual rationalisations - the bogy of Islamic terror will again be invoked. And we will witness how the ''enormous mountains of tyranny'' in the world's greatest democracies do not blow away like cotton.

Pankaj Mishra is the author of Temptations of the West: How to Be Modern in India, Pakistan, Tibet, and Beyond.


12 May 2011

"CORRECTIVE RAPE" OF A 13-YEAR-OLD? IS THE SOUTH AFRICAN GOVERNMENT LISTENING?





This item was reported in Care2 on 11 May 2011:


13-Year-Old Lesbian Latest Victim of 'Corrective' Rape in South Africa



posted by: Steve Williams


A 13-year-old South African girl who openly self-identifies as a lesbian has become the latest victim of "corrective" rape, that is to say where a woman is sexually violated in a supposed attempt to turn her straight.

The incident occurred in Pretoria last Thursday, and unlike other recent victims she did survive the attack. Reports also indicate that an unnamed transgender person may also have been raped over the weekend.

More from The Guardian:

Officials said the 13-year-old victim's case is being investigated by police and she and her family are receiving support. Tlali Tlali, a government spokesman, said it seemed to be another incident of corrective rape, adding: "Government condemns this senseless and cowardly act of criminality."

Tlali said every South African had the right to express themselves in the sexual orientation of their choice. "Gay and lesbian rights are human and constitutional rights which must be protected and respected at all times."

Ndumie Funda, founder of the Luleki Sizwe Project, a charity that supports survivors of corrective rape in Cape Town, said she had heard reports of a transgender person being raped over the weekend. "It is getting worse and needs to come to an end," she said. "People are not being given a platform to come out of the closet. What about those who are locked in a cage and cannot come out? It's not fair and it's about time we talk."

Funda, 37, became involved in the campaign when she met Nosizwe Nomsa Bizana, who had been raped at gunpoint by five men and infected with HIV. The couple became engaged but Bizana died in 2007. Funda is forced to take a different route home every day to avoid being targeted because of her public activism.

She estimates about 510 women report corrective rape in South Africa each year and warned of a popular backlash. "It is about time we retaliate," she said.

Possible action includes disrupting imminent local elections. "We used to say during the apartheid era we will deal with them the way the enemy deals with us. The retaliation will be legitimated by the reaction of the people. I cannot give further details until I confer with the other comrades."


This is not a unique incident. Just last month Noxolo Nogwaza, 24, was raped and then stoned to death by a gang of men who were heard to shout anti-gay epithets. Nogwaza was open about her sexuality and was a member of a local LGBT rights organization. Advocates noted that Nogwaza's murder was terribly reminiscent of lesbian soccer player Eudy Simelane's murder three years ago.

While South Africa's post-apartheid constitution explicitly protects gay people from discrimination and violence, human rights advocates warn of an "epidemic" of violence against gay and gender nonconforming people in South Africa.

The South African government has set up a panel to deal with hate crimes after an international outcry from LGBT rights advocates and organizations that the murders were not being properly investigated. How the panel will tackle this issue remains to be seen.


OUR GENERATION - LAND, CULTURE, FREEDOM





2 MARCH 2011


In the "arena" magazine No. 111 under the heading "Correspondence on the Intervention", by Jeff McMullen, two letters were posted, one from Jenny Macklin, Minister for Families, Housing, Community Services and Indigenous Affairs, and a response from Dr Jeff McMullen, CEO (Honorary), Ian Thorpe's Fountain for Youth.


We contacted Dr McMullen to ask whether we could obtain permission from arena and himself to publish the letters on our web pages. Dr McMullen wrote back kindly giving us his permission, and the two letters follow, Minister Macklin's first and Dr McMullen's reply afterwards.


The correspondence makes very interesting reading.



The Hon Jenny Macklin MP

Minister for Families, Housing, Community Services
and Indigenous Affairs

Parliament House Telephone- (02) 6277 756,0

CANBERRA ACT 2600 Facsimile: 102)6273 4122

MCI 1-001815 2MAR2011

DrJeffMcMullen AM

Chief Executive Officer (Honorary)

Ian Thorpe's Foundation for Youth

PO Box 402 MANLY NSW 1655

Dear Dr McMullen

Thank you for your letter of 15 November 2010 to the Minister for Sustainability. Environment. Water, Population and Communities, the Hon Tony Burke MP, about the film "Our Generation". Your letter was referred to me as this matter falls within my portfolio responsibilities. I apologise for the lengthy delay in responding.


While the "Our Generation" film canvasses a range of issues, it is apparent that the primary area of criticism in the film, and in your letter, is the Northern Territory Emergency Response (NTER).


I acknowledge that the instigation of the NTER by the previous government was a major shock to many Aboriginal people and communities in the Northern Territory and was seen as a serious affront. There was no consultation before it was initiated, and the nature of some of the measures and coercive tone utilised undoubtedly caused anger, fear and distrust.


It also needs to be acknowledged, however, that a widespread emergency did exist and continue.s to exist in many remote communities, with high levels of family violence, child neglect, appalling health status, low rates of school attendance, and high levels of crime including violent crime, and widespread drug and substance abuse. Any one of these factors has the potential to permanently damage or destroy a person's life opportunities. Taken together, they constitute a fundamental and endemic threat to the human rights not just of individuals, but of whole communities.


The Australian Government has attempted, with some real success, to acknowledge and span both these realities. We have retained the NTER because we believe action was and is required. We have attempted to progressively reshape it to make it more respectful and effective. In doing this, we have acted in good faith, with determination, and in a genuine attempt to further the best interests of both Aboriginal people and families in the Northern Territory and the Australian nation as a whole.



Clearly, this is an area of public policy where there is a wide variety of views and where community consensus is not easy to find or to forge.


I do not accept the broad criticisms about the Government's significant efforts to address Indigenous disadvantage in the Northern Territory, nor the criticisms about the Government's record in meeting its international human rights obligations.


First and foremost, I wish to take issue with the way you have characterised the Government's actions in relation to the Racial Discrimination Act J975 (RDA) and the NTER.
The Government has fully reinstated people's rights and protections under the RDA in relation to the NTER. Under the legislation that was passed by the Parliament on 21 June 2010, all of the provisions in the NTER legislation that suspended the operation of the RDA are removed. In addition, all of the provisions in the NTER legislation that deemed certain measures to be special measures, such as income management, five-year leases and alcohol and pornography restrictions, have been repealed. This is not a "feigned reinstatement' of the RDA.


Before introducing this legislation, the Government undertook extensive consultations with Aboriginal people across the Northern Territory on future directions for the NTER. The consultation process included over 100 whole-of-community meetings covering all communities and town camps affected by the NTER, 11 workshops with regional leaders and key stakeholder organisations, and over 440 face-to-face discussions between Government Business Managers and individuals and small groups in communities. This was the most comprehensive engagement ever undertaken by government with Indigenous people in Australia.


The Government was influenced significantly by what it heard in the consultations and by the feedback from individuals and communities. A common theme expressed was that children, the elderly and women were now feeling safer, were better fed and clothed, were getting a better night's sleep, and there was less inappropriate pressure on income support recipients for money. People felt that this was due to the combined effects of various NT ER measures, including income management, alcohol restrictions, community stores licensing and an increased police presence in remote communities.


You claim that the NTER is a government takeover of privately-owned land and that people are forced to sign 40-year leases in exchange for housing and other services. This is not correct. Creating tenure arrangements which provide security to land owners, investors and land users. through mechanisms such as voluntary long-term leasing, is a critical step in closing the gap in Indigenous disadvantage.


Long-term leasing, based on agreements with land owners, is essential on communal title if we are to secure major public investments. Importantly, it also ensures that governments take responsibility, and are accountable, for housing construction standards, for long-term repairs and maintenance programs and to underpin tenancy management systems. All these issues underpin longer asset life spans and as a consequence contribute to less overcrowding.
Broader reforms to land tenure arrangements are also necessary to allow for the pursuit of home ownership and business opportunities on Indigenous lands. Economic development on Indigenous lands has traditionally been hampered by the communal ownership of land, preventing individuals from raising finances for commercial purposes and home ownership. The Government is working with Indigenous land owners and state and territory governments to make Indigenous lands in remote communities more suitable for economic development and home ownership opportunities.



In relation to the initial acquisition of five-year leases by the previous government, I recognise that the compulsory nature of the acquisition of township lands was counter-productive. The Government has committed that it will seek to replace them with voluntary leases upon their expiry in 2012. The Government has taken action to revise the boundaries and to ensure that rents are paid to landowners.


I agree that we must include Aboriginal people in setting future policy directions that affect them. The Government is committed to a reformed approach to engagement with Indigenous Australians, based on the principles of mutual respect, cooperation and mutual responsibility. In 2011, the Government will implement an Aboriginal and Torres Strait Islander Engagement Framework across its agencies to improve how the Australian Public Service engages with Indigenous Australians on the policies, programs and services that affect their lives. The Framework will drive the adoption of effective engagement as an integral part of day -to-day business.


The Government's commitment to improved engagement has been acknowledged by the United Nations Human Rights Council in its recent Universal Periodic Review process. The establishment of the National Congress of Australia's First Peoples was welcomed by the Council as a strong gesture of the Government's commitment to engagement with Indigenous Australians.


Australia also received encouraging support from many countries for its efforts to improve the human rights of Indigenous Australians, through its endorsement of the United Nations Declaration on the Rights of Indigenous Peoples, for the National Apology and for our commitment to pursue constitutional reform to recognise Indigenous Australians.


In conclusion, I can assure you that the Government is determined to continue its work in combating Indigenous disadvantage. The independent NTER Review Board found that the situation in remote Northern Territory communities and town camps remained sufficiently acute to be described as a "national emergency*. The Government found this evidence compelling. and continues to be focused on ensuring that the NTER delivers improvements to address the unacceptably high level of disadvantage and social dislocation experienced by Aboriginal people living in remote communities and town camps in the Northern Territory.


Thank you again for writing.


Yours sincerely

JENNY MACKLIN MP



21 MARCH 2011


The Hon Jenny Macklin MP

Minister for Families, Housing, Community Services

And Indigenous Affairs Parliament House Canberra ACT 2600


Dear Minister,


21st March 2011.


The Australian Government has finally admitted that the Northern Territory Emergency Response was a “major shock” and a “serious affront” causing “anger, fear and distrust” in Aboriginal communities. The Government and the Opposition Leader, Tony Abbott, also now admit that there was “no prior consultation” with Aboriginal people. Mr Abbott adds that, “One of the problems with the Intervention was its ‘top-down’ nature.”



If you seek “a reformed approach to engagement with Indigenous Australians” as you indicate, I urge you and the Prime Minister, Julia Gillard, to consult soon on their homelands with the overwhelming majority of leaders who oppose the Intervention, including Dr Djiniyini Gondarra OAM of Galiwinku, Elcho Island and Rosalie Kunoth-Monks OAM of Utopia, because you have not addressed their grievances or indicated how the Australian Government sees a constructive way to move forward.



Your letter to me of 2nd March 2011 arrives after a long Government silence on the anguished protests by people in remote communities and the appeals by Traditional Owners, many eminent Australians and human rights advocates here and around the world who are disturbed by the ongoing, serious violations of Aboriginal rights as a result of the Northern Territory Emergency Response.



Your letter avoids these important facts:



1. The Committee for Elimination of Racial Discrimination (CERD) in Geneva has judged that the Intervention continues to discriminate on the basis of race and that it reduces people’s rights to land, property, social security welfare, adequate standards of housing, cultural development, work and legal remedies.


2. The UN Special Rapporteur, Professor James Anaya, one of the world’s most respected human rights authorities, states that the Intervention is clearly discriminatory and puts Australia in breach of the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the Declaration on the Rights of Indigenous Peoples.


3. The discrimination of the NTER remains in full force including compulsory leasing to Government of Aboriginal community lands, the loss of the right to dignity by the erection of discriminatory signs outside communities prohibiting alcohol and pornography, the targeting of Aboriginal people for social engineering through Basics Cards and management of half of their money, the authorizing of Government Business Managers to exert extraordinary and sweeping influence over Aboriginal community life and the unjust removal of Traditional Owners and Aboriginal community organisations from control over the destiny of their communities. Each provision puts Australia in breach of its obligations.


4. The UN Special Rapporteur, explicitly warns that the Australian Government “should avoid imposing leasing or other arrangements that would undermine Indigenous people’s control over their lands.”


5. By maintaining compulsory 5 year leases until 2012 the Australian Government is undermining Indigenous people’s control over their lands. Traditional Owners and community members have lost the right to make key decisions in the township area for the period of the lease.


6. The Australian Government’s amendments to the Land Rights Act (Northern
Territory) 1976 and the National Partnership Agreement for Remote Indigenous Housing (COAG 2009) clearly is undermining Indigenous people’s control over their lands by vesting authority in Executive Directors of Township Leasing and insisting on leases shamefully equivalent to the life expectancy of many people in these communities.


7. The Australian Government has not responded to the calls by an overwhelming majority of the Aboriginal leaders in these occupied communities to end the Intervention now.


Your words to me are strikingly different to those you used when the Howard Government made the first dramatic alterations to the Land Rights Act. You will recall that we both attended the National Reconciliation Planning Workshop in Canberra in May 2005 when Prime Minister John Howard declared that Aboriginal land tenure had to be changed. A year later, as Traditional Owners and communities lost direct control over development and township land, you said in Parliament:



“The Aboriginal Land Rights Act of 1976 was the first and strongest legal recognition of the profound connection that Indigenous people have to their country. It recognized the communal nature of land ownership in Aboriginal law and culture through a form of freehold title. The Act, back in 1976, represented the most significant set of rights won by Aboriginal people after two centuries of European settlement.”



Since you became a Minister in the Australian Government, however, we have seen further changes to the Land Rights Act, giving the Executive Directors of Township Leasing greater powers over Aboriginal people through leases over community living areas and subleases of town camps. Furthermore, you are extending this challenge to Indigenous people’s control over their lands by expanding a policy aimed at ending or changing communal ownership of Aboriginal Land.



You bluntly assert that “economic development on Indigenous lands has traditionally been hampered by the communal ownership of land”. This is an ideological view, easily contested by a wider knowledge of Indigenous history both here and around the world. I would refer you to the work of the Harvard Project on American Indian Economic Development (2008) and research by Nobel Laureate economist, Elinor Ostrom, who has shattered the myth of the so called “tragedy of the common” while producing evidence that, for Indigenous people, communal land ownership is so often a key ingredient of successful development.



The Indigenous concepts of custodianship, community and family, not only have guided humanity through countless millennia, they still have lasting value for Australia today.



Custodianship tells us that every one of us has an individual and a collective responsibility to contribute to the wellbeing of family and community. This sense of communal value gives us a longer view, a concern for what we may leave for our children and all of those to come. In this way it shares something with earth science in that it invites us to look past narrow, material self-interest to think of the common good.



It was these values that sustained the Children of the Sunrise and explain why Indigenous people today, as a collective, a people valuing the communal right, are the world’s oldest, continuous Culture. It was these communal values, custodianship, community and family, that gave Indigenous people the resilience to survive the invasion, the theft of their land, the spilling of their blood, the gaoling of their people, the removal of their children and all of the perverse policies that express the relentless assault
on their right to land and Culture.



I ask you, why is Australian Government policy still bent on the assimilation of Indigenous people and the destruction of their communal values, when these have proven to be, through the longer timelines of history, the essence of their identity and their well-being?



The most damaging feature of contemporary Government policy towards Indigenous Australians is your determination to exert far greater control over their lives and their lands. This is evident across the country, from Western Australia to Cape York.



The West Australian State Government of Colin Barnett has compulsorily acquired land at James Price Point on the Dampier Peninsular, trampling Native Title negotiations to allow Woodside to proceed with a 30 billion dollar gas processing facility. This is theft of Aboriginal land.



A Noongar Native Title victory on some land around Perth was blocked at once by an appeal by the State Government. Despite the rulings of our High Court that terra nullius was a lie and the historic rulings on Wik and Mabo, we continue to look right through Aboriginal people who protest that they have never surrendered their sovereign land rights.



Here and there Indigenous people win back a few local rights after years of court battles and the deaths of many of their elders, but this occurs when there is no clash with the dominant settler society. The theft of Aboriginal land continues. Native Title is little more than a legal contest for the scraps and an affirmation that the economic and political forces dictating to the rest of Australian society control the wealth of the land.



There is a widespread and profound misunderstanding about the importance of Indigenous Land Rights. The prevailing policies of the A.L. P. Government and the Coalition in Opposition share a fixation on controlling Aboriginal people and their communities so that there is no impediment to the rapid exploitation of minerals that feeds this so called once in a lifetime commodities boom.



Ironically, it is the wealth of Indigenous lands that could transform the poverty, welfare dependency and that critical gap in life expectancy. While so much has been taken away from Indigenous people, restoring their genuine land rights and control of their lives is one of the few reasonable measures of redress that could lead to social equality. Having denied the Stolen Generations compensation, what compensation does your Government have in mind for the exploitation of mineral wealth and the outright theft of Aboriginal lands?



In 1947, the year I was born, one of Australia’s finest jurists, Justice Dixon ruled that there was a clear difference between “compensation” in the sense of full monetary equivalence and “just terms” that implied “fairness” in dealings with Indigenous claims. Let us apply the fairness test to the current compulsory acquisition of Aboriginal lands and imposition of leases. If a fair and just portion of the mineral wealth flowed to our half a million Indigenous citizens, Australia would have none of those gaps within a generation.



Despite our national mythology about the land of the fair go, we continue to deny “just terms” and
“fairness” in our most important dealings with our most disadvantaged citizens.



In this sense, the new assimilation is the same as the old assimilation, reeking of injustice, paternalism and discrimination. Indigenous Australians are the only whole social group whose freehold land and communities have been taken over by Australian Government.



Aboriginal communities have always had the option of approving investment and development on their terms. For a very long time, Governments simply shirked their responsibility to make such an investment. The Australian Nation has failed to invest fairly in the wellbeing of all of its children.



My direct experience over many years in the First Nations of the United States reinforces the historical evidence that the carving up of Indigenous communal lands does not miraculously create private home ownership. Instead it often leads to debt traps, where low-income people are forced into foreclosure, eventually losing their home and their land. Over time this degrades the collective value of their land.



Impoverished Aboriginal people are so easily exploited. Since Indigenous unemployment over the years of your Government has grown from 13.8% to 18.1% there is little prospect of people in remote communities realising your dream of privatisation. Even the World Bank after researching the global pattern of Indigenous development concluded that “eliminating or replacing customary tenure is often neither necessary nor desirable.”



Your letter omits any recognition that if Australia is to live up to its stated support of the Declaration on the Rights of Indigenous Peoples (even with your Government’s hesitancy to enforce this with a legal framework here in Australia) our nation must acknowledge the rights of Indigenous people to control their lands and to practice their Culture.



The NTER legislation (s 91) is glaringly inconsistent with the Declaration on the Rights of Indigenous Peoples and Australia’s Racial Discrimination Act. This is not addressed in your letter.



Only Indigenous Australians have been discriminated against through this loss of a fundamental legal right to have their Customary Law and Cultural practices considered by a judge during legal proceedings.



In the Northern Territory Supreme Court in January 2011, Justice Steven Southwood, lamented the fact that the NTER Act prevented a sentencing court “from taking into account information highly relevant to determining the true gravity of an offence and the moral culpability of the offender”. You would be aware that this case involved the desecration of a Sacred Site at Numbulwar in the NT Gulf Country by an Intervention building crew. If this had happened in St Mary’s Cathedral in Sydney there would be outrage and the legal judgement would reflect the grave slight this caused to people of Christian
beliefs.



Australia is denying Indigenous people full justice and recognition of an important legal precedent in Australia’s Common Law system. Why not listen to the Supreme Court Judge? Acknowledge that this right must be restored to Indigenous people by repeal of the NTER Act (s 91).



I am surprised that you do now acknowledge that the “instigation of the NTER by the previous government was a major shock to many Aboriginal people and communities in the Northern Territory and was seen as a serious affront. There was no consultation before it was initiated, and the nature of some of the measures and coercive tone utilised undoubtedly caused anger, fear and distrust.”



Given the haste of the A.L.P. to support the NTER legislation while you were in Opposition, it would have been wise to establish an open, transparent process of genuine consultation. Instead you have choreographed meetings and expected Aboriginal people to rubber stamp the policy paper you presented. Your own review of these consultations revealed the widespread opposition as the bitterness and sense of betrayal of Aboriginal people deepened.



There was and is no “prior, informed consent” to the Intervention. This policy, as Tony Abbott now admits, has been imposed by Government, “top-down” against the will of the majority of Aboriginal people in these communities undermining any claim to its legitimacy and underscoring its unlawfulness in the judgement of International human rights authorities.



While you refuse to meet the Traditional Owners whom reject your policy you continue the “serious affront” that you attribute to the manner in which the Intervention was launched in 2007. By refusing to enter a genuine partnership with these communities you undermine the trust and goodwill that was in the air after the National Apology to Indigenous people.



Aboriginal people are still waiting for a Government Apology after the ruling by the Australian Crime Commission that there were no paedophile rings in the 73 remote communities targeted by this state of emergency. Have we forgotten the shame and the lasting damage done by this dangerous slander of all Indigenous people? It is not fair for you to attribute this “serious affront” only to the Howard Government as your political party supported the NTER from the outset.



Much of your letter is a defensive and dubious argument about the good you claim to have delivered through this Intervention. You show no willingness to acknowledge that by the Northern Territory Government’s reckoning the number of Aboriginal children at risk of neglect has more than doubled during the years of the Emergency. The Intervention has caused a sharp and painful increase in stress on Aboriginal people. School attendance in many of these communities targeted by the Intervention has worsened. Most disturbingly, suicides have increased.



A consequence of the shock and awe in Indigenous policy-making is that the political discourse has become hysterical. The Australian newspaper recently carried a front page story in which Mal Brough, former Minister for Indigenous Affairs and one of the architects of the Intervention, says the NTER has become too soft under your Government and that he supports the call for more desert detention camps to sweep up the fallen and the forgotten from the streets of Alice Springs.



In his latest foray into Indigenous politics, Tony Abbott calls for a “new Intervention” in the larger towns in the Northern Territory including Alice Springs, Katherine and Tennant Creek. Mr Abbott states bluntly that the Intervention has caused many Aboriginal people to move from the remote settlements increasing social dysfunction in the larger towns where they have largely unrestricted access to alcohol, inadequate accommodation and few support services.



This worsening crisis is a direct consequence of the NTER and the Government policy of concentrating funding in twenty so called “Growth Towns” in the Northern Territory. The hard drinking in the long grass on the fringes of many of the larger towns has confirmed the expected pattern of family disintegration and social drift.



The Intervention is social engineering at its worst and the most damaging policy inflicted on
Indigenous people since the Stolen Generation.



A reasonable discussion of the alcohol problems in Alice Springs, which both you and Mr Abbott say that you seek, would begin by admitting that Australia has a drinking problem. Stop stereotyping Indigenous people and targeting them with calls for “behavioural change”. Address alcoholism and unrestricted use of alcohol as a national, social problem.



The Northern Territory is Australia’s binge-drinking frontier. We all must face up to this honestly. Global estimates show that in Ireland people consume 13.7 litres of pure alcohol per annum, 13.0 litres in the Czech Republic, but, think about this, 14.9 litres per person in the Northern Territory as a whole and in Alice Springs, 20.38 litres per person. Australia’s average as a whole is 9.8 litres. We lose track of these facts in the relentless stereotyping of Aboriginal people, forgetting that if you walk the main streets of Darwin or Alice Springs you will see a huge cross section of Australian society drinking to violent excess.



Courageous Aboriginal community leaders like June Oscar and Maureen Carter from Fitzroy Crossing in the Kimberley, have demonstrated that black and white people can work together to stop this poisoning of the human spirit. Are we willing as a society to curb the profits from grog, tax the liquor industry in a targeted way, treat addiction with care and compassion, while at the same time building the other community resources that are essential for well being? Social problems will get worse until we recognize the solution means acting responsibly together within the framework of custodianship, community and family. This is the antithesis of the discriminatory policies aimed at Aboriginal people.



Finally Minister, your letter bristles with indignation at my observation that the legislation that came into effect on January 1 2011 was a “feigned reinstatement” of the protection afforded to Indigenous people by the Racial Discrimination Act. Aboriginal elders and many other eminent Australians including Church leaders, barristers and former Prime Minister Malcolm Fraser, have characterised this action by your Government as seeking a “veneer” of non-discrimination or respectability.



Your letters to Australians concerned about discrimination may mislead some into believing that you have actually repealed the NTER policies, when in fact, as I have stated here at considerable length, the policy approaches essentially remain the same.



No amount of Ministerial spin can hide this fact. Your Government and its predecessor knew the Intervention was loaded with discrimination against Aboriginal people. That is why the Racial Discrimination Act had to be suspended from applying to the NTER. For over three years Australians, officially, have lived with discrimination. The discrimination remains.



Only Aboriginal people in Australia have ever suffered this humiliation of losing the right and the protection of the Racial Discrimination Act. Without a Charter or Bill of Rights, without changes to the race power in the constitution, without a commitment never to use the means of discrimination to justify the end, without such a commitment Indigenous Australians are without their most fundamental human rights.



I have saved some very personal words until last.



I am sorry to inform you today that one of the powerful, truthful voices you listened to in the film, Our Generation, the courageous woman who invited Australians to look at the overcrowding of her home and the poverty her family was left to endure, has died of chronic illness. This beautiful human being reminds us that the real emergency, the epidemic of chronic illness, is scything through another generation of Aboriginal people. She gave her every breath to end the Intervention.



Yours sincerely,


Dr Jeff McMullen AM


EDITORIAL NOTE: THE FOLLOWING WEB SITE IS ABOUT "OUR GENERATION" AND THE FILM THEY HAVE MADE IS A MUST SEE FOR EVERYONE. DETAILS ARE GIVEN AS TO WHERE TO ORDER THE DVD WHICH ONLY COSTS $25. BUY IT NOW!!!


www.ourgeneration.org.au



11 May 2011

BEATING OF TRANSGENDER WOMAN CAUGHT ON TAPE



9 MAY 2011


The following two items were received from the International Lesbian and Gay Association (ILGA) on 9 May 2011. The video mentioned in the article is too upsetting to be put on this web page, but if anyone wants to see it, it can probably be found on the web.


Beating of transgender woman caught on tape



in UNITED STATES, 28/04/2011

A video of a vicious beating at a Baltimore County McDonald's restaurant went viral Friday, garnering hundreds of thousands of views on websites and prompting the fast-food giant to issue a statement condemning the incident.


The video shows two women — one of them a 14-year-old girl — repeatedly kicking and punching the 22-year-old victim in the head, as an employee of the Rosedale restaurant and a patron try to intervene. Others can be heard laughing, and men are seen standing idly by.
Toward the end of the video, one of the suspects lands a punishing blow to the victim's head, and she appears to have a seizure. A man's voice tells the women to run because police are coming.


The three-minute clip was apparently first posted on YouTube, then taken down by administrators who said it violated the site's policies. But it popped back up on other sites and was ultimately linked from the popular Drudge Report, which gave it top billing for much of the day.


By early evening, the video had received more than 500,000 views on one site alone.
County police confirmed that the attack occurred April 18 in the 6300 block of Kenwood Ave. Police said the 14-year-old girl has been charged as a juvenile, while charges were pending against an 18-year-old woman.


Equality Maryland said the victim is a transgender woman and called on state Attorney General Douglas F. Gansler to step in and investigate the case as a hate crime. Police and prosecutors said they did not know whether the victim is a transgender woman.


"It does appear that the victim was a transgender woman, and she was brutalized while people stood by and watched," said Lisa Polyak, vice president of the board of directors for Equality Maryland, an advocacy organization that fought unsuccessfully in the past legislative session for greater protections for transgender individuals. "There's no excuse for that violence under any circumstances, but we would encourage police to investigate as a hate crime."


The police report does not provide a motive, but quotes one of the suspects saying that the fight was "over using a bathroom."


As the video spread online, McDonald's acknowledged that the attack had occurred in a Baltimore-area restaurant and said it was working with local police.


"We are shocked by the video from a Baltimore franchised restaurant showing an assault. This incident is unacceptable, disturbing and troubling," the company said in a statement posted on its website. "Nothing is more important than the safety of our customers and employees in our restaurants. We are working with the franchisee and the local authorities to investigate this matter."


The video received widespread attention part because of the racial dynamics of the attack – the attackers were black, and the victim is white. State's Attorney Scott D. Shellenberger, who said he was unaware of the gender-related issues, said the racial dynamics of the incident could result in hate-crime charges.


"We just received this case, and the Police Department is continuing their investigation," Shellenberger said. "If there is evidence that the crime was racially motivated, we will take a look at those charges and see if we meet those elements. We have the ability, if the facts are there, to upgrade the charges at a later date."


The victim suffered cuts to her mouth and face, and a police report said she had been taken to Franklin Square Hospital Center in fair condition. Police said Friday they had no update on her status.


The video begins with two women near a bathroom door kicking and hitting a woman who is lying on the ground.


An employee repeatedly tries to separate them, but the attackers continue to stomp and kick the victim's head. People yell, "Stop! Stop!" to no avail, though others can be heard laughing. An older woman at one point also attempts to pull the attackers away and is shoved.


About halfway through the three-minute clip, the attackers rip a wig off the victim and drag her by her hair to the front door. That is where the victim is sitting before another blow to the head causes an apparent seizure.


Throughout the attack, a man is filming and does not intervene. But when the victim appears to have a seizure, he yells, "She having a seizure, yo. … Police on their way. Y'all better get out of here."


Through a McDonald's spokesman, the owner of the Rosedale restaurant released a statement. The chain said the owner and employees would not be made available for comment, including an update on possible discipline of the employees.


"I'm as shocked and disturbed by this incident as anyone would be. The behavior displayed in the video is unfathomable and reprehensible," said the franchise owner, Mitchell McPherson. "The safety of our customers is a top priority. We know the police were called immediately, and we are thoroughly investigating this matter.





9 MAY 2011


Teonna Monae Brown - 18-year-old charged in McDonald's beating



in UNITED STATES, 28/04/2011

Baltimore County police have named the 18-year-old charged with beating a transgender woman at Rosedale McDonald's, amid demands from some community members that the incident be investigated as a hate crime. As charges formally filed vs. teen, transgender community plans rally at restaurant.


Teonna Monae Brown of the 2000 block of Kelbourne Road in Rosedale was charged in the attack on Chrissy Lee Polis. The incident was videotaped and went viral online late last week, with hundreds of thousands of views on various websites. The video shows Polis, 22, being kicked and punched in the head by two people until she appears to have a seizure. While one employee and a patron try to intervene, others can be seen standing and watching, and some are laughing.


Brown, who was arrested Friday, has been charged with one count of first-degree assault and two counts of second-degree assault. She remains at the Baltimore County Detention Center on $150,000 bond.


A 14-year-old girl has also been charged in the attack, but her name has not been released because the charges were filed in juvenile court.


Scott Shellenberger, the state's attorney for Baltimore County, has said his office plans to gather additional evidence to determine whether the April 18 attack on Polis can be prosecuted as a hate crime.


Another woman filed assault charges against Brown in July, which prosecutors dropped three months later.


Sandy Rawls, founding director of Trans-United, a Baltimore-based group that fights discrimination against transgender people, said people hate what they do not understand.
"When people see us, they don't understand us. So it's an educational problem," said Rawls, a transsexual woman who lives about a mile from the McDonald's. She also blamed "a violent culture."


"'Love thy neighbor' is fading," she said.


Rawls is helping to organize a rally for 7 p.m. Monday at the McDonald's in Rosedale, to raise awareness of hate crimes against the transgendered.


Andrew I. Alperstein, a defense attorney and a former Baltimore County prosecutor, said it is possible to add hate crime accusations after the initial charges are filed. He said the 14-year-old girl could be charged as an adult, but the state's attorney's office must see whether she has a previous record and evaluate her role in the attack, adding that "it was a horrible assault."


"A picture is worth a thousand words," he said.


McDonald's issued a statement condemning the beating, and the owner of the Rosedale restaurant announced Saturday afternoon that the employee who taped the beating had been fired.


While Alperstein said the employee who taped the incident faces little liability for not stopping the fight, he could be held criminally liable if found to have encouraged the fight.


Alperstein predicted that McDonald's would likely face a civil lawsuit because it has a duty to protect its customers.


By Sunday evening, a Facebook page titled "Chrissy Lee Polis" with a picture of the McDonald's arches had more than 800 people who "liked" the page. Many of the posters on the page pledged their support and provided words of comfort, and several identified themselves as transgender.


One poster, Robyn Webb, has a teleconferencing company, TG Works, that is collecting funds to help pay for Polis' medical bills and help her relocate. Polis, who has not had a job or a stable place to stay for the past two years, has said she has been living with friends in the area.


Webb thought the incident should be prosecuted as a hate crime.


The police report does not provide a motive, but it quotes one of the suspects saying that the fight was "over using a bathroom." In the report, officers said the teens accused Polis of going into the wrong one.


Many transgender individuals face public accommodation issues, Webb said.


Donna Plamondon, who is transgender, plans to attend the rally for Polis. "It does my heart good to see the outpouring of support" for the community, she said.


She too called the incident an apparent hate crime.


"People are waking up that this is what life is like for a transgender," she said. "Why would you choose to put yourself in this position every day?"




RED JOS - ACTIVIST KICKS BACKS



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90 years old, political gay activist, hosting two web sites, one personal: http://www.red-jos.net one shared with my partner, 94-year-old Ken Lovett: http://www.josken.net and also this blog. The blog now has an alphabetical index: http://www.red-jos.net/alpha3.htm

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