Showing posts with label Opinion. Show all posts
Showing posts with label Opinion. Show all posts

Monday, June 22, 2020

OPINION: To Trump, Khashoggi's Murder Is More Serious Than War Crimes


A Saudi dissident journalist who contributes to the Washington Post has apparently been murdered in the Saudi embassy in Ankara, Turkey.


Jamal Ahmed Khashoggi’s body was apparently cut into pieces. Turkish authorities claim to have video of the gruesome murder. US president Donald Trump has promised “severe punishment” if it turns out the Saudi government was responsible.

How do I know this? Because I was watching the news in a pub in Broken Hill. It was one of the first stories on Channel 7 news. No doubt the gruesome nature of the murder will spread the story far and wide, and will ensure that we will all forget certain facts.

Firstly, we will forget that Turkey is no friend of journalists. Last week in Melbourne I saw a documentary screened by a dissident religious group in Turkey (the Gulen movement) which the government blames for the recent coup attempt. The documentary showed how the government of Recep Tayyip Erdogan has created an environment of fear in which more than 180 news outlets have been shut down and at least 120 editors and reporters have been detained or forced to leave the country. Zaman, Turkey’s largest selling newspaper and linked to the Gulen movement, was taken over by the government in March 2016. The Australian edition of Zaman continues to be published.

Donald Trump is also no friend of journalists. In February 2017 he tweeted that some media outlets are enemies of the American people. He has publicly abused journalists and popularised the term “fake news”. He has also championed colourful conspiracy mongers such as Alex Jones.

It’s true that neither Erdogan nor Trump have murdered and dismembered journalists. But Trump’s remarks are perhaps the first time in living memory that a US President has threatened Saudi Arabia with anything resembling punishment. Despite near unanimous agreement by US lawmakers to remove sovereign immunity allowing victims to litigate against the Saudi government, US presidents have sought to place obstacles so as not to risk America’s relationship with its closest Middle East partner after Israel.

That partnership has involved the US providing a ready supply of weapons to enable the Saudis to prosecute a deadly war in Yemen. The deaths of thousands of civilians including children has barely raised a murmur from the White House.


The war in Yemen has been going on since March 2015 and has involved deliberate targeting of civilians through air strikes, bombardments and deprivation of medical and other supplies by aid agencies. Civilian homes, hospitals and schools have been attacked. Some three million people have been displaced from their homes.


Amnesty International has collated some horrendous figures as well as victim testimonies. One testimony, in particular, I found shocking. It was from a woman who somehow survived an airstrike that killed more 63 civilians:

“[It was like] something out of judgement day. Corpses and heads scattered, engulfed by fire and ashes.”

Such testimony has done little to stop Western countries such as the United States and the UK from selling weapons to Saudi Arabia, even as independent Saudi journalists like Jamal Khashoggi were urging an end to the war.

“The longer this cruel war lasts in Yemen, the more permanent the damage will be. The people of Yemen will be busy fighting poverty, cholera and water scarcity and rebuilding their country. The crown prince must bring an end to the violence and restore the dignity of the birthplace of Islam,” Khashoggi wrote.

Khashoggi would have been disgusted if he’d known his violent death was worth more than the brutal and violent deaths of Yemeni children from bombs, starvation and disease.​

First published in 10Daily on Wednesday 17 October 2018.

Saturday, August 08, 2015

AUSTRALIAN POLITICS: Peter Andren we need you more than ever to keep our MPs honest



It's often said that the major problem with our Parliaments is they are inundated with lawyers. As a lawyer myself, I admit that we are excellent at splitting hairs. Our plain English skills also leave a lot to be desired. Little wonder one of our most complex pieces of legislation – the Social Security Act – is barely understood by most lawyers let alone Centrelink clients. Yet anyone falling foul of Centrelink rules, even accidentally, can expect all the resources of the Department of Human Services to come down on them hard.

One advantage of having so many lawyers in Parliament is that they all understand financial trust. They are trained in how to honestly handle other people's money through trust accounts. Law graduates can only become lawyers if they pass an exam on trust accounting. Once they start practising on their own account, solicitors can expect regular visits from the trust account inspector. 

Which explains why our MPs are so scrupulously honest about their parliamentary entitlements. They know they are handling money provided on trust by taxpayers. They know that if they do the wrong thing, all hell could break loose. 

In theory, at least. Once out of law practice, our ex-lawyer law-makers have gained a reputation for ignoring, bending, stretching if not flouting the rules regarding spending other people's money.

The few MPs who speak out against the rorts tend to be those elected as independents, as opposed to career party hacks. One of these, a former Federal Member for Calare in central NSW, is sadly no longer with us. But we do have Peter Andren's 2003 memoir, The Andren Report: an independent way in Australian politics.

After being elected to Parliament in 1996, Mr Andren increased his majority in 1998. Despite attacking the government's position on asylum seekers, he won again in 2001 with a primary vote of over 50 per cent and a two-candidate-preferred vote of 75 per cent. Many in his electorate would have despised some of his political positions, but they appreciated his honesty and preferred not being represented by a party hack. Maybe it helped that Mr Andren was not a lawyer but rather a local and prominent broadcast journalist.

One of Mr Andren's chapters is titled "Lurks, Perks, and Rorts". As a new MP, he was shocked by
... just how deep the publicly funded well from which members of Parliament drank. I was immediately shocked at the generosity and virtual accountability of the members of Parliament's travel allowance scheme … MPs had for many years used travel allowances to pay off mortgages for property in Canberra.

Mr Andren was for some time at the centre of the 1997 scandal surrounding former ALP Senator and deputy president of the Senate Mal Colston. When Mr Colston wasn't supported for the plum job by the ALP, he resigned and sat on the cross benches before the incoming Howard government offered him the job with its $16,000-plus pay rise. Eventually Mr Howard had to refer
... a series of allegations involving misuse of entitlements, Commonwealth cars and postal and travel allowances … to the Commonwealth police.

At the time, Mr Andren was visiting a young offenders' prison farm in his electorate. One inmate asked him a rather logical question:
How come that bloke Colston can't be charged, when I'm in here for 16 months for stealing a car and possessin' dope?

Eventually charged, Mr Coston's charges were later dropped.

Following questions from Mr Andren, a number of Coalition MPs and Ministers were forced to amend their records. One minister was forced to pay back $8740 to the Department of Administrative Services. One senior cabinet minister, a minister and an MP who admitted to repaying false travel claims of around $9000 resigned or were sacked. Two of Mr Howard's staffers were also made to resign for covering up the secret repayments. In September 1997, Mr Andren questioned Mr Howard about
... members given the opportunity to correct and amend their signed-off travel claims prior to enforced scrutiny … and before their tabling and publication in this house.

He also asked when MPs would acknowledge that
... the TA [travel allowance) and overseas travel system had been systematically abused and rorted over many years.

Mr Howard's response was to accuse Mr Andren of making
... a cheap shot

and engaging in
... generalised smears.

Mr Andren was then ejected out of the House and into the arms of an adoring media and public. Mr Andren found neither side wanted to engage in reform, but were happy to accuse each other of rorts. After a vicious attack from Peter Costello, a Labor Senator from Tasmania was found in his Canberra flat with slashed wrists. But Mr Andren knew the system was rotten and pursued the matter.
I realised I was not the flavour of the month among government and Labor members of the house … who had been part of a system that regarded the lurks and perks of office as something of a right than a privilege.

Peter Andren died in 2007, his quest to end the rorts unsuccessful. Since then, Australians have had to put up with the Peter Slipper affair, Choppergate and numerous other examples of MPs taking advantage of a rotten system. Meanwhile, we are constantly being lectured about the end of the age of entitlement. Essential services such as legal aid are slashed.

Voters deserve better than this cartel of rorts. If only we had more Peter Andrens to clean up the mess.

Irfan Yusuf is a PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation at Deakin University. First published in the Canberra Times on 6 August 2015.

Tuesday, July 21, 2015

CULTURE WARS: An uncomfortable intersection of political interests


On Sunday, thousands of fair dinkum real Aussies will gather at rallies across Australia, raising the Australian flag and shouting slogans. Among the places they'll gather is the central Queensland coastal town of Mackay. Coalition federal MP George Christensen will be speaking. On behalf of Prime Minister Tony Abbott? Reading a message from the PM? Who knows.

A previous Reclaim Australia Rally in Melbourne some months back was characterised by the presence of some, er, interesting people engaging in interesting conduct. A fair few neo-Nazis sporting visible swastika tattoos on shaved heads and/or wearing swastika T-shirts and carrying Aussie flags joined the parade. They were jostling and shouting slogans and carrying placards saying "Abbott! No halal certification" and "No Shariah law!" I doubt even Zaky Mallah would do that sort of thing in an ABC studio.

Christensen certainly has more testicular fortitude than Abbott's frontbenchers who have been ordered not to appear on a certain ABC show whose ratings have gone through the roof. Brisbane's Courier Mail reports Christensen declaring he will defy even the PM's orders and attend the rally.

Reading through the 24 pillars of the Reclaim Australia manifesto, I couldn't help but wonder why Abbott would object. There is a call for ...
... [t]he right to exile or deport traitors ...
... which I guess is akin to Abbott's original call for people engaging in terror-like activities to be stripped of their Australian citizenship even if it was their only one.

Where will Indigenous Australians fit in an Australia reclaimed by the far-right white reclaimers? "Equality at Law", screams pillar No. 3, "No more 'cultural considerations'". That should make Andrew Bolt very happy.

The ideology of Reclaim has a distinctly supremacist feel to it. But in case you thought it was fringe, the reclaimers are singing from virtually the same rhetorical and policy songbook as the federal Coalition on cultural and security matters. Despite trumpeting separation of religion and state, Reclaim's manifesto mentions Christian values and rights numerous more times. How often have we heard Abbott and his ministers lecture us on how Australia has a Christian heritage?

It's true that Coalition MPs tend not to jostle and shout slogans and sport swastika tattoos. But as a former federal Liberal candidate, it pains me to say that in so many ways the more contentious political beliefs on issues like culture and citizenship promoted by the Coalition are effectively the same as those of the far right.

It's hard to say who is influencing who. Certainly the Coalition strategy in the 2001 Tampa election was to destroy Pauline Hanson by mimicking her rhetoric on asylum-seekers. Howard would frequently speak of integration and wasn't too fond of multiculturalism.

Ironically, Tony Abbott held the opposite view. He regarded multiculturalism as a fundamentally sound and inherently conservative social policy. Abbott was one of the few frontbenchers who refused to join the chorus of Muslim-phobic and migrant-phobic hysteria around issues of citizenship and national security. In addresses to various audiences, Abbott recalled what it was like for him and fellow Catholics during previous decades when Catholics were demonised.

Abbott is a victim of the far-right. A former staffer of his walked out to join Pauline Hanson. Abbott and his allies worked hard to ensure One Nation was made accountable for financial irregularities. There was little indication in Abbott's quite brilliant manifesto Battlelines that he would go in an extreme direction. True, he did see Australia as within a broader Anglosphere of nations. But his policy platform did not include stripping people of citizenship for spraying graffiti on public buildings.

If Abbott does give the order to the federal member for Dawson not to attend this rally, it will sound almost hypocritical. I have never seen Tony Jones and the Q&A panel and audience wear swastika T-shirts. There has been no jostling or arrests made, nor are racist slogans tolerated. If Abbott doesn't stop Christensen from attending the Mackay rally, it will show he regards far-right white supremacist extremism as being less troublesome than some kid sporting a marijuana cap and suggesting a minister's rhetoric is pushing Muslim kids to join Islamic State.


It would not be an exaggeration to suggest that events overseas appear to have radicalised the conservative side of politics in Australia than they have local Muslims. Today we see far-right lunatics and their Coalition friends using IS as an excuse to beat their chests. Sikh temples are being attacked as the chest-beaters are happy to attack anything or anyone they deem Muslim. Only God knows what Asian Australians will experience should China decide do more than build islands in the South China Sea.

This all shows that discussions (or lack thereof) on national security in Australia are rarely conducted in a sensible manner. Phillip Adams recently wrote in the Weekend Australian:
The current liturgy chanted in unison by ministers prime and junior in the Gregorian manner, including Stop the Boats and Death Cult. They are not designed to encourage discussion but to end it. To drown out doubt, debate, calibration, nuance and context.
The results of repetitious paranoid Coalition rhetoric, channelled through ridiculously rabid columnists and shock jocks, will be seen this Sunday. Hopefully it won't be too ugly.

Irfan Yusuf is PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation at Deakin University. First published in the Canberra Times on 17 July 2015.

OPINION: Belligerent and unhelpful: that's our Prime Minister Tony Abbott


Soon a huge chunk of the Australian population will be eligible to be stripped of their citizenship. Tony Abbott announced
[t]he government will strip Australian citizenship from dual nationals who engage in terrorism.
If you're a dual national convicted of ...
... certain specified terrorism-related offences ...
... you automatically lose your Australian citizenship. Feel safer?

The proposals have been debated for some time now. The electorate has been primed about the dangers of terrorism on an almost daily basis by the Prime Minister, by blaring headlines and screeching columns of tabloid columnists and shock jocks. The other day an angry kid named Zaky Mallah appeared on an ABC TV talk show and declared the government's policies were pushing Muslims to join Islamic State. Abbott doubtless couldn't believe his luck.

Some weeks back, Abbott hosted a Regional Countering Violent Extremism summit. Delegates included government ministers from countries other than Indonesia, civil society actors, CVE "practitioners" and academics. One British-based practitioner I spoke to described Mr Abbott's language as
... belligerent and unhelpful.
Abbott made out that IS was coming to get us all. Yet delegates were often busy discussing how to deal with far-right extremism of the kind that frequently attacks Muslims and other minorities in places like Germany, Greece and Britain. Australia also has a problem with far-right extremism which has included numerous violent rallies by groups such as "Reclaim Australia". Abbott's silence about this violent extremism is almost deafening.


Far-right extremists have repeatedly damaged mosques and Sikh temples. They have physically assaulted and spat on women wearing scarves, stalked and videoed them and uploaded video of them on to social media. Women suffer disproportionately from this kind of not-so-domestic violence as they do violence in the home.

Perhaps this is what Canberra Muslim community broadcaster Diana Abdel-Rahman meant when she told The Australian
Let me tell you the level of racism, it is absolutely horrific … This is not the Australia that I know and I grew up in.
Diana is not your typical victim of racism. Were it not for her hijab, she could pass for any fair-skinned Anglo-Australian public servant. Her radio station, whose volunteers once included yours truly, insists on only playing English-language programs featuring North American, Australian and British accents.

So when this Brisbane-born Aussie mum hears a London-born PM telling her to join Team Australia, to "get with the program" and condemn IS terrorism "more often and mean it", you can imagine her frustration. Diana's relatives in Lebanon have more to lose from IS. Numerous friends have told me stories of young Lebanese Sunni and Alawi girls in places like Tripoli being kidnapped by IS thugs. Yet still Lebanon opens its doors to Syrian refugees, as does Turkey and Jordan. UNHCR estimates Lebanon houses around 1.3 million Syrian refugees. You won't hear Lebanon's PM saying "nope nope nope".

Still, does this rhetoric from the PM and his ministry really reek of racism? The rightward shift of Australian society has created a strong resentment toward allegations of racism, which tend to be thrown in the "political correctness" bin. At best, we prefer to fight prejudice with token or symbolic measures.

Kevin Rudd has said sorry, so the continuing injustice of the NT Intervention which is exempt from the Racial Discrimination Act rarely makes news. Rosie Batty can be awarded Australian of the Year but her calls to treat domestic violence as "domestic terrorism" fell on deaf ears in Parliament. In this environment, crying racism may not be the best strategy. Maybe remind people of civil liberties, of democracy and Australian values, the stuff that affects everyone. As John Howard often said:
The things that unite us are more important than those which divide us.
Which is all very good for Mr Howard to say. He's a bloke. He doesn't wear a headscarf as a religious obligation. If he converted to Islam (or Judaism or Sikhism for that matter), the only difference he'd have to the average non-hipster would be facial hair.

He doesn't know what it's like to be assaulted, spat at, to have a scarf ripped off his head or have far-right goons stalking him. And notwithstanding Howard's age, he'd probably have much less of a problem getting a legal job than a woman in a hijab with a superior CV to his.

Terrorism rhetoric hits many Muslim women harder because it's mixed with calls for banning burqas which many Australians cannot differentiate from a simple scarf. Considering the often unreported violent experiences of women, there is a definite stench of anti-female and anti-Muslim bigotry which religious spokespersons and politicians often forget.

Abbott may get his desired terror laws. He may look tough on terror and win an election. But if his Team Australia is built on lack of social cohesion and his rhetoric triggers a violent far-right responses, the security he delivers will soon become a mirage.

Irfan Yusuf is a PhD Candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation, Deakin University. First published in the Canberra Times on 24 June 2015.

Monday, July 20, 2015

AUSTRALIAN POLITICS: Why is Bronwyn Bishop meddling in matters that don't concern her?


In case you hadn't noticed, Canberra is not the capital of Britain . We do speak something resembling English, and our beloved Prime Minister was born in London. Australia shares many similarities with Mother England in our major institutions – the common law, a parliamentary democracy and a strong commitment to winning the Ashes.

Our lower house of Parliament is called the House of Representatives. The idea of referring to average Aussies as "Commons" isn't something the drafters of our constitution were too fond of. We also don't have Lords in our country, nor are Senators seen as Lords. And please, nobody mention Knights and Dames.

Our House of Representatives has a Speaker who presides over all meetings of the House. Unlike in the British House of Commons, our Speaker isn't so independent that she has to leave her political party and still needs to contest elections. Bronwyn Bishop remains the Member for Mackellar on Sydney's Northern Beaches, her seat next door to that of Tony Abbott's seat of Warringah. In his preselection speech, Abbott famously asked delegates to
... place an Abbott next to a Bishop.
The Speaker can also attend party meetings. But that's about it. The Speaker is supposed to be impartial, to speak for the House and the whole House. And the House is the place where the executive, the ministers of the Crown, are to be made accountable. That can happen during Question Time but it can also happen in committees.

The Commonwealth produced a colourful booklet entitled The Speaker of the House of Representatives 2nd Edition in 2008. You can find on page 5 of that booklet the following statement:
... the Speaker is the servant of the House and not of the Crown/executive.
If the executive is making decisions or attempting to implement policies which are the subject of heated debate, it is not the Speaker's role to act as a spokesman for the executive or to defend the proposed decision or policy.

The Abbott government doesn't need Bronwyn Bishop to defend its policies on national television, whether on Q&A or elsewhere. It is not Bronwyn Bishop's role to tell us how wonderful the executive are in developing aged care or national security policies. Currently this role is one the ALP and the Greens are fulfilling quite nicely, thank you very much.

So why did Bronwyn so quickly jump in to defend the contentious policies of the executive in the face of criticism from the government's handpicked former National Security Monitor and the Human Rights Commissioner? Why meddle in matters that didn't concern her?

Ian Hancock's 2007 book The Liberals: The NSW Division 1945-2000 mentions Bishop's period as state president of the NSW Liberals In 1985, succeeding John Valder.
Like Valder, Bronwyn Bishop was an interventionist state president; unlike him, she imposed no limits on her interventionism. No president had ever before occupied an office in the secretariat, and not one of her predecessors had treated the job as full time … Bishop was both a chairman of the board and a managing director. Virtually no matter was too trivial to escape her attention.
Bishop appointed Graeme Starr as state director. Starr's assessment of Bishop?
The distinguishing feature of her presidency was the endemic factionalism which brought the party to its lowest point in history.
Division and unnecessary intervention are not exactly the features one would expect from a Speaker of the House. Nor would one expect the Speaker to lecture a statutory officer to resign and run for office. If this is the quality of our elected representatives, our Human Rights Commissioner should remain where she is.

Gillian Triggs isn't the only person to be subjected to ridiculous attacks. Even someone as insignificant as yours truly was described by Bishop in September 2005 under parliamentary privilege as a
... Muslim activist known for his offensive behaviour to women.
She continued:
... I totally refute his statements but, as he has not resorted to bomb throwing, I guess we can handle his accusation.
A few days later, word of my behaviour to women spread far and wide and I was invited to become a White Ribbon Day Ambassador campaigning to eliminate violence against women. ASIO hasn't yet contacted me about throwing bombs.

And speaking of women, a month earlier Bronwyn Bishop had this to say on the National Interest program on Radio National: 

Now this morning on a debate with a Muslim lady, she said she felt free being a Muslim, and I would simply say that in Nazi Germany, Nazis felt free and comfortable. That is not the sort of definition of freedom that I want for my country. 

Ms Bishop was, on that occasion, defending her great contribution to national security – calling for the banning of girls wearing headscarves in state schools. Despite periods in both Houses of Parliament, Ms Bishop's parliamentary career has been anything but stellar. She has never held a cabinet position. At best, she was a junior minister in the Howard government for the first two terms before being dropped. 

And now Ms Bishop may have the honour of being remembered as the House of Representatives' most partisan and partial Speaker. 

Irfan Yusuf is PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation, Deakin University. First published in the Canberra Times on 19 June 2015.

Friday, July 17, 2015

OPINION: Citizenship focus misses wider security issue



My road to Australian citizenship was long and hard. First I had to be born. Then I spent five months in a rather swish place called Karachi, then known for its trendy art deco cinemas and funky dance parties. Then I landed in northern Sydney, where I stayed until gaining something resembling a memory.

There was no citizenship ceremony. I did, however, attend the passport office to collect my passport. My father pulled me up to the counter, a task I doubt he could repeat now. He held the pen in my hand but I wasn't used to holding one. There were people waiting behind us in the queue, but my 4-year-old brain needed more time to ponder the subtleties of signatures. My father removed the pen from my hand and my butt from the counter, and I let out a God-Almighty sook. The passport arrived. On the signature line were typed the words "unable to sign".

So many of us have to be born here or come at a young age. We use our passport as ID when we lose our wallet. We use it to take holidays to Bali where many misbehave and harass the locals before returning with few memories.

But the idea of losing our citizenship just never comes to mind. Regardless of what crime we might commit, inside or outside Australia, there are courts waiting to try us and prisons to accommodate us. You can be an ex-student of Duntroon like Julian Knight (of Hoddle Street massacre infamy). You could be part of a paedophile ring, terrorising young boys at a Ballarat school or in the alleys of Yogyakarta.

Your actions can destroy the lives of entire communities, leading to suicides and broken lives. But as far as some 40 Coalition backbenchers are concerned, you are welcome to keep your citizenship. Your heinous crimes can terrorise generations. You can be a lone wolf paedophile or a mass murderer, as long as you aren't a terrorist.

Parliament's 'enthusiasm' for new anti-terrorism laws 


Because as we all know, terrorism is a major threat to our nation's security. No, I am not being sarcastic here. We have to acknowledge that there is a good chance someone could slip out of the country to a war zone and then slip back in after committing horrific crimes. A brainwashed kid with bombs strapped to his chest and unleash a blast that will kill and maim.

Let's remember that the first victim of the July 7, 2005 London bombing to be buried was a 20-year-old bank clerk of Bangladeshi heritage. Her name was Shahara Islam. The surname says it all.

The idea of stripping citizenship from people is being debated at a time when, in the popular imagination, terrorism is about al-Qaeda and the self-styled Islamic State. Foreign fighters have left and returned, but those fighting for Kurdish or other groups are largely ignored. Reports are now reaching us of non-ISIL parties, including Christian groups, engaging in such gruesome acts as beheadings.

Our politicians are always on the lookout for good excuses to expand the anti-terror laws to encompass more actions and more groups. As the learned authors of Inside Australia's Anti-Terrorism Laws and Trials note:
… Parliament's enthusiasm for enacting new anti-terrorism laws has not been matched by its attention to their maintenance and refinement. Indeed, it is undeniable that Australian governments have found it much more palatable to increase rather than limit or remove national security measures, tending to ignore reviews which recommend the latter course. The result has been a steady ratcheting up of the power of the state when it comes to the prevention of terrorism.

Matters of national security 

Terrorism is seen as an advanced form of criminal activity, even if its outcomes can be just as easily carried out by those with no political or religious inclination.

The government's discussion paper, entitled Australian Citizenship Your Right, Your Responsibility, states:
Citizens who become involved in terrorism are rejecting Australian values and commitment to a safe and harmonious society.


I doubt the paedophile priests in Ballarat were showing much commitment to Australian values. The numerous victims who tragically took their own lives and the families and parishes must feel quite terrorised at this time.

The paper continues:
Support for, or involvement in, politically motivated violence is not acceptable to Australians.
Indeed no Sinn Fein meetings were ever held in Sydney or Melbourne. No Australians ever followed the lead of men like Eric Blair (who is better known by his pen-name George Orwell) to fight in the Spanish Civil War. And no mosques or Liberal Party branches ever hosted representatives of the Afghan Mujahideen fighting the Soviets.

And national security? Recently I spoke to an Australian friend who works as a journalist in East Asia. "How goes it there?" I asked her. "It's fabulous. I've got a front row seat to World War III in the South China Sea. Most of Australia's shipping passes through here. America and China are almost ready to go. How are things down there? Is Abbott still scaring everyone about terrorists?"

Irfan Yusuf is a PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation, Deakin Unversity. First published in the Canberra Times on 1 June 2015.

OPINION: Tony Abbott getting it wrong on the Rohingya

Something is very rotten in the state of Myanmar. By any measure and any definition, a tiny ethnic minority of Myanmar is the subject of genocide. This is not something recent, even if it has been largely ignored by Western governments and media. It has been going on for more than a decade.

Something is also very rotten in the Commonwealth of Australia. Our nation is a signatory to the UN Refugee Convention. Previous Australian governments have cited the convention to provide refugees from across the world, from Bosnia Herzegovina to Vietnam and Cambodia to China to parts of the Middle East. Some have come by boat, others by plane. But since the Keating government introduced mandatory detention of asylum seekers, the rot has set in.

So who are the Rohingya? And why, as Tony Abbott has so eloquently put it, can't they

... come through the front door and not through the back door?

Quite simply, as is the case for most refugees, pretty much all doors are shut. No queues are established for them to stand in a neat line. Other ethnic groups (such as the Karen and Shan) have also been persecuted by Myanmar's military junta, some even taking up arms to protect themselves.

The Rohingya live mainly in the Rakhine state of western Myanmar, a region they have called home for centuries. Though numbering barely one million, they have been stateless since they were collectively stripped of their citizenship in a 1982 citizenship law that recognised 135 ethnic groups. Since then they have been driven out of their homes and forced into virtual concentration camps and small villages where they are deprived of medical care.

But don't take my word for it. In April 2013, Human Rights Watch released a report accusing Myanmar's sort-of civilian government of "crimes against humanity" and "ethnic cleansing". Some 200 people were killed in one incident in which Rakhine Buddhists attacked Rohingyas with state authorities standing back. The report mentioned attacks in some 13 townships. The dead were buried in mass graves.

When they are not being burned alive and raped, ethnic Rohingya are being driven from their homes into enclaves at the mercy of religious chauvinists led by a highly organised Buddhist movement. Just about every respectable human rights body has documented this.

These people are regarded as "Bengalis" by the Myanmar government and hence are denied citizenship despite their ancestors living in the area for centuries. Bangladesh (literally "home of Bengalis") regards the Rohingya as Burmese. Some Rohingya refugees are living in camps in Bangladesh as stateless persons. Unlike Australia, Bangladesh hardly has the resources to permanently settle them.

Conditions in the camps are atrocious. Aid workers from Doctors Without Borders and the UN High Commission for Refugees have been detained by authorities. The camps are squalid and disease-ridden.

Among those at the forefront of anti-Rohingya rage in Myanmar civil society are Buddhist monks like Ashin Wirathu, who describes himself as the "Burmese bin Laden" and uses the same rhetoric as used by the likes of Fox News presenters and our own Reclaim Australia.

Not even Myanmar's otherwise brave opposition leader Nobel Prize Winner Aung Sang Suu Kyi has much to say in defence of the Rohingya. And neighbouring countries, keen to cash in on Myanmar's liberalised market, are too busy imagining the dollars and rupiah and ringgit.

So the Rohingya have no army and no policy force to protect them. Their sources of humanitarian aid are harassed by local authorities. They are constantly attacked by religious fanatics. There is no queue for these people to jump. No country in the region wants them. Even the governments of allegedly Islamic countries have little pity for them, offering little more than some kind of temporary protection.

They are to today's south-east Asia what European Jews were to Europe during the 1930s and '40s. The numbers were much larger in Europe, and the history of Christian persecution of European Jewry was much longer and more brutal. But the ideology was much the same. Even the Simon-Skjodt Center for the Prevention of Genocide, part of the US Holocaust Museum, warned that the Rohingya were a
... population at grave risk for additional mass atrocities and even genocide.
Their fact-finding mission in March found
... early warning signs of genocide.
Genocide. In our own backyard.


But Tony Abbott simply refuses to allow any Rohingya to settle here. Nope nope nope. It sounds as tacky as the old Rosella advert. "Not Reffos again". No No No. "Not Mozlems again". No no no. 

We're often told that being sympathetic is a leftwing fetish. Those of us (like me) who see ourselves as more right than left (or indeed than wrong) feel we have to be tough on boat people. When pressured to show some compassion, we talk about nasty people smugglers. And it's true that they are nasty.

But as conservative American writer and humourist P.J. O'Rourke says, we are the ones who miss out when we close the door on the desperate. As he told his Q&A audience in 2009:

You know, my people came over to the United States in a completely disorganised way. Doubtless by way of people smugglers [...] I really believe in immigration ... Let them in. Let them in. These people are assets. [O]ne or two of them might not be, but you can sort them out later ... Oh, I think conservatives are getting this wrong all over the world, I really do. 

Tony, you're getting it wrong. Close the doors? Lock the gates? Miss out on good future citizens? Showing less humanity than a country with no hesitation to execute our reformed smugglers? Nope. Nope. Nope. ​

Irfan Yusuf is a PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation Deakin University. This was first published in the Canberra Times on 22 May 2015.

OPINION: Dr Tareq Kamleh IS video reaction makes draining the 'extremist swamp' harder


The Death Cult. Perhaps Tony Abbott's most memorable description of Da'esh (also known as Islamic State ISIS, and ISIL). An appropriate description for an organisation whose volunteers and recruits revel in posting on social media photos of themselves holding up decapitated heads. As if they are playing out their own version of Abu Ghraib.

Da'esh is a group whose brutality has even led them to be condemned by al-Qaeda, the terror outfit from which they broke away. Like al-Qaeda, Da'esh has had no hesitation in murdering Shia Muslims, Kurdish Muslims as well as religious minorities in Iraq and Syria. But unlike al-Qaeda, Da'esh wants to be seen establishing a fully functioning state, a place to which believers in its novel form of Islam may wish to migrate and build a new life.

Such a state cannot be established in territory populated with bearded blokes holding up index fingers and/or decapitated heads, deceased "martyrs" and/or kuffar (non-believers) and teenage girls in burqas boasting about luxury cars.

Which makes Dr Tareq Kamleh's 15-minute video perhaps the most effective piece of IS propaganda to date. Kamleh comes across as calm, softly spoken, competent. He uses minimal Arabic religious terms. His face isn't covered with a bushy unkempt beard (the trademark of many a firebrand). He looks like a reformed ladies' man, the kind of well-groomed guy who would impress many a parent were he to come and ask for their daughter's hand or appear at their front door to take her on a date. 

Dr Kamleh isn't speaking from a war zone. Far from living in a death cult, he's in a hospital bringing new life into the new caliphate. The video almost looks like an invitation from a prospective employer to work.
Come and join us. It's nice here. Lots of facilities. All we need is professional people like yourself. I'll see you soon.
The response from political leaders, pundits and religious spokespersons will be predictable. Conservative pundits will move slowly toward their preferred "I told you so" position. They will complain that allegedly chronic political correctness is stopping them from warning Australians about the desperate need to answer "the Muslim question".

Prominent self-appointed spokesmen (and I use the gendered​ sense deliberately) will remind us that Muslims are victims, the subject of discrimination, vilification, increased surveillance and victimisation.

Seriously, in what way was this young doctor who allegedly spent much of his spare time drinking and sleeping around (as if he was the only young Australian professional to do so) the subject of victimisation? Like any other young doctor working long shifts in regional hospitals hundreds of miles from home, Dr Kamleh would have found plenty to entertain himself in Mackay or Perth.

This young doctor was hardly a victim. Yet the Muslim spokesmen will find some of their message – at least as far as vilification is concerned – confirmed by a fair few politicians. The Prime Minister will repeat his talk of draining extremist swamps, an image that reminds this writer of Saddam Hussein's 1993 draining the marshes to destroy the lives of Iraqi Shia Arabs.

And how ridiculous did South Australian Premier Jay Weatherill​ sound when he told The Australian that he was
absolutely" concerned about doctors joining IS and that "We will assist the commonwealth in identifying people that fall into this category and to make sure they don't infect other South Australians with their ideology.
And how exactly will he do this? Will the University of Adelaide Medical School run deradicalisation courses? Will Federal Police be sent to watch over paediatricians at work? Does it really boil down to ideology?

What I am about to write may be a bit difficult for Muslim spokespersons, pundits and politicians to stomach. The fact is that we really don't have much of an idea why young people with plenty of opportunities head off to Raqqa or other territory controlled by Da'esh. We have also put very little money into researching why a tiny group of people take that path.

Let's just say there are 200 Australian Muslims in IS territory at the moment. There are about 400,000 Muslims in Australia. So a grand total of 0.05 per cent of Muslims have joined the "Death Cult". Now Australia's population is just over 23 million. By my calculations, IS recruits are 0.00087 per cent. That's a rather shallow extremist swamp to drain.

But let's just say there is a massive risk of doctors, lawyers, accountants etc lining up to fly to the Islamic Republic of Da'eshistan. How will we find out what their motivation is? By waiting until they appear on a well-produced video, condemning them for joining the biggest threat to civilisation since World War II (as Julie Bishop recently described IS) and cancelling their passports so they can never return and we can never find out why they left Australia and then left IS?

If we are going to defeat IS in Australia (or rather, if it doesn't implode due to lack of demand among local Muslims), our solutions must be based on solid research. By that, I don't mean speculation or theorising. I mean talking to Muslims on the ground. It is a task self-appointed Muslim leaders have never done. And due to lack of funding, academics have found it hard to do.

If the threat from home-grown Islamist terrorism is as big as we are left to believe, let us address it on the basis of facts and evidence.

In conclusion, why did Dr Tareq Kamleh leave behind the alcohol and the girlfriends and the surf? I have no idea. And unless your name is Tareq Kamleh and you are sitting in Raqqa​, chances are you don't either.

Irfan Yusuf is a PhD candidate at the Alfred Deakin Research Institute for Citizenship and Globalisation at Deakin University. This article was first published in the Canberra Times on 29 April 2015.

Saturday, October 04, 2014

OPINION: Tabloid speculation on Numan Haider and Islamic State threat is best ignored



Last Friday, the Herald Sun editorialised that there are "actively 100 Australians actively supporting terrorist organisations" in the Middle East. It's a figure that gets thrown around a lot these days. Support for terror has blown out among Australians who tick the Muslim box on their census forms.

Metropolitan newspapers across the country have provided saturation coverage to terror "suspects" and terror "supporters". And none of us are any wiser about exactly who they are or exactly what their relationship to ISIS is.
We see Facebook photos of young men boldly brandishing flags that we think look like ISIS flags. Pieces of cloth sprawled with Arabic writing. Arabic, a language spoken by millions of Christians and Muslims and Jews and people of all faiths and none. Arabic script or similar scripts used in Iran and Pakistan. It's so scary, so foreign. But more often than not, the scary words on the flags merely state that there is only one God. Hardly a revelation for a Jew or a Christian or even a Sikh.
Then we're told that Muslim extremists want to implement a strict form of sharia law where women wear burqa and infidel Westerners are beheaded. You don't expect them to be like young Melbourne teenager Numan Haider, having girlfriends and eating not-so-halal burgers at Hungry Jacks.

Haider is an unlikely suspect for what Sydney's Daily Telegraph described as "the country's first Islamic terrorist attack on home soil". And what makes the incident a terrorist attack? The 18 year old stabbed one, perhaps two, police officers. He had a knife. They had guns. He was outnumbered.

We don't know if young Haider was known to police, was involved in petty or even violent crime and had a substantial criminal record. Indeed there is no suggestion of any criminal disposition. All we know is that he was once photographed holding up a black and white flag on Facebook (whether seriously or in jest we won't know), another time driving car. We know he had been dating a girl he met at school in Year 11. We know his siblings were university students. We know he came from an Afghan family, but we have no idea what ethnic group (Hazara, Pashtun, Tajik or other) they came from or whether they were sunni or shiite.

Haider was supposed to be a "known terror suspect" How? By attending a particular mosque when he was not visiting his girlfriend? By hanging around with some radical loud mouths? By accessing online publicly available information to track the Prime Minister's movements in Melbourne? This act of online "terrorism" led one newspaper to declare Haider to be an "Abbott jihadi" or words to that effect.



Saturation reporting transformed Numan Haider. No longer was he a young man from a stable family in a stable relationship. Instead, he was an angry knife-wielding terrorist allegedly trying to behead a police officer. Or perhaps two officers. Perhaps even the PM. And until any CCTV footage is revealed, we won't have any idea of what really happened.
Incidentally, hidden in the middle of a Herald Sun story on Friday were these words: "Victoria Police said it had no evidence of a plot to behead a police officer". So how was the stabbing a terrorist act?

Stabbing police officers is an extremely serious crime. But was Mr Haider the first person to have pulled a knife on a police officer? Or to be shot dead in response? In August last year, an experienced Victorian highway patrol officer shot dead a 44-year-old man after he allegedly pulled a knife. Police Professional Standards and the Coroner became involved in that case.

I'm not suggesting police should not protect themselves when accosted with threats. Victorian Assistant Police Commissioner Luke Cornelius was right to have said last August: "Where an officer chooses to take another person's life, that is a choice which is invariably made and must be made in defence of one's own life or in defence of another person who is facing an imminent threat of serious injury or loss of life."

When Brazilian tourist Roberto Laudisio Curti was killed by a police officer using a Taser gun in Pitt Street, Sydney, in 2012 after stealing two packets of biscuits from a convenience store, both the NSW Ombudsman and the Coroner savaged police actions as "thuggish.

Similar investigations will be carried out into police actions on that fateful night at Endeavour Hills. But that will be unlikely to stop imbecilic reporting that describes the deceased as a "dead terrorist" or that splashes photos of an upset family friend attending the Haider family home to prepare for the young man's funeral.



Tabloid columnists may regard asking critical and forensic questions undermining their simplistic narrative as being akin to "slandering our country". Let them direct their hysterical allegations at the Coroner and Police Professional Standards. The rest of us can ignore tabloid speculation and pray for the families of the dead boy and the injured police officers doing their job.

Irfan Yusuf is a lawyer and award-winning author. This article was first published in the Canberra Times on 2 October 2014.

Monday, June 02, 2014

OPINION: West must gets its own glass house in order




The next budget should be an absolute shocker. Cuts to pensions and the dole and even a "one-off" tax – a temporary measure to pay for the deficit.

Still, if you don't like it, you can always leave before the next election. There are plenty of places with stronger economies and less fiscally oppressive regimes where you could claim to be an economic refugee. And you won't even get locked up while your application is processed.

Take Brunei. Its population is barely 406,000. Writing in the IFLR1000 (an international guide to commercial law and lawyers) in 2012, Bruneian lawyer Colin Ong notes: '

Tax advantages and incentives are comparable if not better than those offered by other countries in the region. For example, no personal income, capital gains, export, sales or payroll tax is imposed in Brunei Darussalam. 

Beat that, Mr Hockey.

If you obtain permanent residency and reach the ripe old age of 55, you'll get a nice pension. And regardless of age, there are plenty of other benefits. According to Hjh Rahmah Hj Md Said, deputy permanent secretary (professional and technical) at the Bruneian Ministry of Health, Brunei has universal healthcare coverage. She told delegates at a health forum hosted by the Asia Inc Forum in 2012 that men in Brunei had an average life expectancy of 75.5, only 18 months below that of Australian men.

Little wonder Brunei calls itself ''Darussalam'' (Abode of Peace). Bruneians are healthy and rich. The Sultan of Brunei, whose easy-to-remember name is Haji Hassanal Bolkiah Mu'izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar Ali Saifuddien Sa'adul Khairi Waddien, has a fair bit of wealth including a private Boeing 747 and a luxury car fleet that would make John Laws extremely jealous. The sultan is surrounded by more female ministers than Tony Abbott.

Among them is the Bruneian attorney-general, known impressively as Yang Berhormat Datin Seri Paduka Hjh Hayati Pehin Orang Kaya Shahbandar Dato Seri Paduka Hj Mohd Salleh. She'll be responsible for overseeing implementation of the Shariah Penal Code Order 2013 that introduces draconian punishments for certain crimes, and applies only to Muslims. It won't apply to most Australian economic refugees. Unlike us, Bruneians don't treat economic refugees harshly.

The usual bleeding heart ABC/Fairfax types would have you believe that Brunei's tough-on-crime policies will make it an ayatollah's paradise and a living hell for anyone engaging in such innocent pastimes as having consensual sex (or less innocent acts of murder, stealing and rape). As if all sharia-based jurisdictions only concern themselves with penal sanctions, where citizens can be seen walking the streets limbless and/or headless (but certainly not legless unless they desire a good flogging).

One article for The Diplomat carried the misleading headline ''Brunei Imposes Sharia Law''. But as Dr Ong notes, Brunei has had parallel common law and sharia law systems in non-criminal jurisdictions for years. Sharia courts have

.. limited exclusive jurisdiction to hear matters of personal law relating to persons that belong to the Islamic faith on matters pertaining to marriage, divorce, inheritance, maintenance of dependants and the estates of deceased Muslims. 

Dr Ong also mentions increasing use of sharia-based financial instruments. It isn't just all chopping and changing. This is hardly new. As far back as 1870, an English translation of the classic 12th century Islamic legal text al-Hedaya (“the Guide”) was commissioned by the Governor-General and Council of Bengal. It was a compulsory text in English law schools for those seeking to practise in colonial India. The British understood that their common law system was strong and flexible enough to accommodate Islamic (and Hindu) legal traditions in limited areas.



For 14 centuries, Muslim jurists have been borrowing from Roman, Judaic and other legal traditions. What passes as sharia today is really the illegitimate child of centuries of fornication between different legal traditions.

Speaking of fornication, it's impossible to be prosecuted for ''zina'' under the Sharia Penal Code if four witnesses to the actual copulation cannot be found. So no swingers' parties in Brunei, thanks very much. And Anwar Ibrahim's sodomy prosecution would be thrown out of court.

However, we should be concerned about the implementation of such punishments in any country. We know such punishments exist across south-east Asia for a range of crimes, including drug trafficking.

But unfortunately we in the West are no longer in a position to lecture others about human rights and capital punishment. We look somewhat silly lecturing brown-skinned Bruneians while happily participating with white-skinned Brits and Americans in wars that often involve the worst human rights atrocities. Our condescension may force Muslims to say that there is more to their faith than stonings and beheadings. But is there more to our allegedly liberal ideals than torture in secret prisons and indefinite detention without trial at Guantanamo? Can we claim to be more free when, in the leader of the free world, 32 states and the US military and government all provide for the death penalty?

Indeed, where would Clayton Lockett prefer to be executed – Oklahoma or Brunei?

Irfan Yusuf is a PhD candidate at the Centre for Citizenship & Globalisation at Deakin University.

Friday, May 30, 2014

OPINION: Aussies doing their best to upset key neighbour


Abbott's emphasis on the 'Anglosphere' as the focus of Oz's foreign policy confirmed suspicions that Australia saw itself as a Western colonial outpost in the Asia-Pacific. 


Indonesia has withdrawn its ambassador from Canberra following revelations that Australian intelligence operatives bugged the phones of President Susilo Bambang Yudhoyono (SBY), his wife and a number of senior ministers in August 2009. Details have only been released recently by the Guardian newspaper and Australia's public broadcaster ABC. It was part of the intelligence information revealed by Edward Snowden, former contractor to America's NSA.

Prime Minister Tony Abbott is publicly downplaying the issue. But surely he knows just what a huge diplomatic disaster this is. Indonesia is Australia's closest neighbour, and two-way trade between the two countries last year amounted to A$15 billion ($16.9 billion). In Parliament, Abbott some days back described Indonesia as an "emerging democratic superpower in Asia" (perhaps distinguishing Indonesia from the not-so-democratic China). Abbott also described SBY as "one of the best friends that we have anywhere in the world".

Abbott's stated respect for Indonesia has not, however, been reflected in Australia's recent dealings involving asylum seekers which have largely been driven by partisan domestic political considerations. The Abbott asylum policy, reflected in the simplistic formula of "stop the boats", could only ever work with the co-operation of Indonesia.

The policy is being treated as a military operation, as if 50 dishevelled asylum seekers on a boat somehow represent a security threat requiring a 3-star general. The secretive implementation of this policy, with the Immigration Minister and the general providing vague weekly briefings to journalists, reached such heights of stupidity that Australian journalists found more information about the policy from their Indonesian colleagues at the Jakarta Post than from their own Government.

Time and again, Indonesian officials expressed frustration with Australia's unilateral approach to the issue of asylum seekers which affected both countries. Abbott's policy included the Australian Navy turning back tiny fishing boats carrying asylum seekers "when it is safe to do so". The fishing boats would then return to Indonesia. Abbott insisted that Indonesia would co-operate, ignoring Indonesian concerns about both the human rights implications and of the immense social pressures this would have on the more crowded and poorer nation.



It was as if Indonesia was at Australia's beck and call. Tony Abbott's emphasis on the "Anglosphere" as the focus of Australia's foreign policy confirmed commonly held Asian suspicions that Australia saw itself as a Western colonial outpost in the Asia-Pacific region, as the deputy sheriff of the United States.

Australian politicians of all political stripes are so focused on the West that they forget their own geographical location. Understanding of Asian cultures in Australia is poor. Indonesian language instruction, once a primary feature in Australian secondary schools, has all but disappeared. The Australian Department of Foreign Affairs and Trade does an excellent job running cultural and other exchange programmes, but these are to build person to person contacts, not replace the bilateral policy process.

Some in Jakarta are quite happy to attack Tony Abbott's domestic standing by undermining his efforts to stop the boats. At the time of writing, a member of the House of Representatives' Commission on defence, foreign affairs and information had told the Jakarta Post:

We are in a better position than Australia. This issue [boat people] could be utilised as a bargaining chip in demanding an apology from Prime Minister Abbott. 

Abbott's response has been to virtually scoff at any suggestion of an apology.

Every government gathers information and every government knows every other government gathers information. 

True, but not everyone gets caught. When it comes to such spying methods, Indonesia is hardly in a position to cast the first stone. As News Limited points out:

When he retired in 2004 Indonesian spymaster General Abdullah Mahmud Hendropriyono revealed his agency had not only tapped Australian civil and military communications and politicians' phone calls during the 1999 East Timor crisis, but had also unsuccessfully attempted to recruit Australian officials as double agents.

The official Australian response at the time was muted.

All this fracas coincides with a visit to Jakarta by Mark Rutte, Prime Minister of the Netherlands. Indonesians don't exactly have fond memories of Dutch colonisation which began in the 16th century. Following Japanese occupation during World War II, Dutch forces attempted to re-establish colonial rule. Most Western countries supported Dutch claims. Australia's Labor government under Prime Minister Ben Chifley openly supported the nascent Indonesian nationalist movement.

Why did Australian leaders at the time support Indonesia, even going to the extent of criticising their closest ally, the US, for supplying material and moral aid to Dutch forces in the archipelago? Simply because Australia realised that its security and its national interest lay in an independent, strong and proud neighbour. Indonesian independence reinforced Australian independence.

There are still some in Canberra who see Indonesia as a potential threat. Which is all the more reason to keep Indonesia on side. You keep your friends close and your potential enemies closer.

• Irfan Yusuf is a lawyer and an award-winning Australian author. This article was first published in the NZ Herald on Friday 22 November 2013.


Stupid Australian tourist.

Monday, November 18, 2013

OPINION: Coalition's change to racial vilification laws kowtows to media mates


Political conservatism is such a wonderful thing. The status quo is worth maintaining because it obviously works. If it didn't, people wouldn't allow it to remain the status quo. But if you find the status quo doesn't work, change it gradually. It recognises that the populace are human beings not accustomed to radical change. Evolution always makes more sense than revolution, unless your preference is the rule of guillotines.

Since 1975, the Commonwealth has had in place the Racial Vilification Act, which seeks to implement our international legal obligations including the International Convention on the Elimination of All Forms of Racial Discrimination. Twenty years later, the act was amended to introduce provisions on racial hatred.

These provisions, contained in Section 18C, make it unlawful for someone to publicly do something that is reasonably likely to offend, assault, humiliate or intimidate someone or a group. Now it isn't just any action that could be unlawful. It must be an action that is done because of the other person or group's race, colour or national or ethnic origin.

The provision makes such an action unlawful but not necessarily a criminal offence. An offended party or group must first make a complaint to the Human Rights Commission, which will then try to conciliate the matter.
The provisions were passed with the support of the Keating government and the Howard-led opposition. Tony Abbott sat in the same Parliament.

In its 2008-09 publication Federal Discrimination Law, the body we now know of as the Human Rights Commission stated: ''Racial hatred provisions were introduced into the RDA in 1995.

''The majority of cases decided under the RDA in recent years have involved consideration of those provisions.''

In other words, Section 18C has represented the vast majority of cases decided by the Federal and other courts. This in itself is not a bad thing. Judicial decisions make up a fair chunk of our common-law system.

So what is the purpose of such, or indeed, of any law? During his first speech on August 14, 2000, Senator George Brandis spoke of the importance of civil and other liberties. ''It follows from what I have said that the first duty of any government is to protect the liberty of the citizen to choose his own ends - and that includes protecting the liberty of the citizen from government itself.''

But as a relatively ''wet'' or ''small-l'' liberal, Brandis emphasised that ''of all the obligations of government, perhaps the most fundamental is this - the obligation to protect the weak from the strong''. No doubt this is exactly what parliamentarians at the time had in mind. The legislative consensus was that individuals and groups can be, and often are, subject to vilification by the more powerful. Such vilification has real effects on the lives of real people.

This begs the question as to why the provision has all of a sudden become known as the ''Andrew Bolt law'' and why it is all of a sudden so contentious?



 When it comes to the strong versus weak binary, Bolt was hardly in the category of the latter. He is the main columnist of the most widely read newspaper in the country. He has a TV show which, despite poor ratings, still commands a bigger audience than all the allegedly ''white'' Aboriginal complainants in the Bolt case combined. He has the ear of Coalition parties.

On December 7, 2009, Bolt blogged: ''Our traffic last month smashed all our previous records. The blog registered more than 2 million page impressions from more than 300,000 unique browsers.''

In the rare event Bolt's writings land him in a spot of legal bother, he has the benefit of in-house lawyers and external counsel all paid for by Rupert Murdoch.

The existence of Section 18C of the Racial Discrimination Act hasn't stopped Bolt from vilifying Africans, refugees, Muslims, Lebanese and other groups. Nor has it stopped the moderators of his blogs from publishing violent, paranoid, racist and even genocidal remarks.

Yet now, for the benefit of Bolt and his employers, Brandis is prepared to abandon his own principles, allowing Bolt to use his substantial power to trample on the weak and vilify minorities.

On May 7 this year, Brandis asked an audience at Gerard Henderson's Sydney Institute: ''Who defends freedom of speech in Australia today? Is it really to be left to a few conservative commentators like Andrew Bolt and Janet Albrechtsen; a couple of think tanks like the Sydney Institute and the Institute of Public Affairs; and the Liberal Party?''

Perhaps a better question to ask would have been: Why should an allegedly conservative government introduce revolutionary legal measures to protect the ''right'' of powerful columnists and shock jocks to abuse their freedom of speech to vilify others?



Sadly, this is nothing new. Readers may recall the adverse 2007 report of the Australian Communications and Media Authority about Alan Jones. ACMA's 80-page report had criticised Jones' broadcasts in the days leading up to the 2005 Cronulla riots.

What was the Coalition government's response? Then-communications minister Helen Coonan effectively threatened to gag the independent watchdog she appointed. Coonan, a former barrister like Brandis, said: ''Alan Jones has made an indelible mark on broadcasting during his long and outstanding career and I encourage the industry to address any concerns that they might have with the current code with a review to ensure it best reflects community standards.''

So if your buddies in the media fall foul of the law, no worries. Just change the law.

It doesn't sound like responsible, let alone conservative or liberal, government to me.
  • Irfan Yusuf is a lawyer, author and former Liberal candidate. First published in the Canberra Times on 18 November 2013.
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