Is a backlash setting in to the decision of our clutch of dud first ministers to impose a giant CCTV-led surveillance scheme on the entire urban population of Australia?
Perhaps it was the speed with which the Prime Minister and premiers embraced this trashing of basic rights; perhaps it was the apparent pride with which premiers dismissed civil liberties as irrelevant, with scandal-plagued Victorian Labor premier Daniel Andrews calling civil liberties “luxuries”. But compared to the deathly silence that accompanied the government’s introduction of mass surveillance of our phone and internet use, there’s a welcome stirring of media and community opposition.
The problem, however, is that the only means of halting such attacks on basic rights is via parliament, and parliament is rendered pointless if a supine opposition refuses to do its job, which has long been the case with Labor on national security.
Australia has a number of civil liberties and digital rights institutions. But they are poorly funded compared to well-resourced bodies like the American Civil Liberties Union and the Electronic Frontier Foundation, which have the firepower to bring legal cases against the US government and state governments there in order to repel intrusions on civil liberties. More importantly, they also have a framework they can use to mount such cases — the Bill of Rights. Europeans have the EU Charter of Fundamental Rights, which has been used to reverse the imposition of mass surveillance schemes like data retention.
Here, at the federal level we have nothing beyond an implied right to political communication, which the High Court only conveniently found when it was needed to protect the financial interests of commercial television networks.
For a long time I thought a bill of rights was fundamentally anti-democratic: it should not be for the courts to sit in judgment on the outcomes of parliamentary democracy. If people wanted their rights protected, they could elect politicians who would do it. Nor does it help that our court system routinely displays contempt for the basic rights of women and children, which are a distant second to the rights of the men who rape, assault and murder them.
But when there’s a bipartisan conspiracy of silence on our basic rights, when the opposition fails to do its job because of political calculation, when the major parties decide that certain issues are simply off-limits to public debate — as happened with the Snowden revelations about our involvement in 5 Eyes mass surveillance, and the activities of the Australian Signals Directorate and other cowboy intelligence agencies — then the democratic argument against a bill of rights breaks down.
Indeed, according to the government itself, there are some issues that are too important to be left to politicians to decide, such as marriage equality. The principle that we can’t rely on politicians to properly determine policy, and require some other means to do so, is already a feature of our system. A bill of rights would codify it, and give Australia’s weak civil society sector the means to start challenging politicians. And the days of political hacks dismissing our basic rights as “luxuries” might be numbered.
Very disappointing from Andrews, who has been outstanding in so many other areas, and who is miles ahead of anyone in the federal LNP for basic human decency.
Agreed. Good one.
I agree. This rush towards an ntrudive Police State should create fear in all freedom living Australians. Keeping 10 year olds without charge or evidence for up to 14 days? Wait we have been doing to ‘boat people’ already. The callousness of this has numbed us all – this is the next logical Orwellian step on our path to moral ruin. The Terrorists have won and our Government has helped them through its actions with Iraq and our abysmal response to the refugees. Shame on us.
I think, like you, that we need to be cautious about setting out basic rights for a bill of rights. The “right to bear arms” is a prime example of one that has brought misery to the USA. It has also armed reactionaries and neo-fascists so that they are a standing threat to democracy, which will only need the state’s armed forces to stand aside to make a putsch possible.
We need to seaparate out basic, fundamental rights that everyone who wants to live with others in a peaceful democracy will accept and base a Billof Rights on just those.
I no longer feel safe or free in my own country. Not due to scallywag fellow citizens or evil minded religionists; but because of our political leadership’s ramped up attack upon the very freedoms, values and beliefs handed down over a hundred and fifty years of guaranteed democratic and legal practice. When it comes to national/international terror; clearly ‘they’ have won. Oh, snail mail and pigeons are way to go, or travel without being monitored?
I already posted this in the comments of a similar article here, but, if you want to get this sort of thing done, why not hijack what passes for Australian republicanism? There would be boundless opportunities for coalition building for a mass movement to impose a bunch of reforms that just would not happen in the federal parliament of the Commonwealth of Australia. The obvious central plank for such a movement would be something similar to the US bill of rights, we haven’t got one and it is better to have it than not. A great variety of reforms would be possible in a giant spring clean of the nation state.
“our court system routinely displays contempt for the basic rights of women and children, which are a distant second to the rights of the men who rape, assault and murder them.”
What?
You lose all credibility making outlandish statements like that. If you wanted to be a judge, jury and executioner then you should have started with a law degree back in the day.
If I said to you that the ‘data matching’ of drivers’ license and passport photos was going to be used in surveillance of men who have abused the women and/or children with whom they are associated do you think that would be more, or fewer in number than the people on watch lists here for terrorism of the more ‘international’ kind?
Same goes for women who have been abusive by the way, but I think we can agree they’d be fewer, but not irrelevant, of course.
Would you have an objection to that surveillance?
+1 Mikeb, I don’t understand why the need for a swipe at our criminal justice system. Whilst not perfect, it is better than any other system going in the West, or anywhere else for that matter. The sorts of rights that any Bill of Rights promoted by the article would enshrine, would probably kick off with the very rights Bernard contemptuously describes as resulting in this “contempt for the basic rights of women and children”. Civil rights/liberties can seem hard to understand, unless you are the one in need of them at any given time, but they delineate decent advanced society from everything else. Get rid of these, and it will not take long for authoritarian rule to become the norm. Populist rubbish like this comment only serves to perpetuate damaging myths about our justice system, and erode respect for our basic institutions. Careful what you wish for, Bernard.
Hhmm. Yes, our criminal justice system is wonderful, except for all those other ones that are much better. You’re setting the bar very low there Ertunc. The French criminal justice system is far superior.
Evan Whitton has written enough on it. His arguments much better than mine, but when you read them you see how backward our system is, and how being a very rich criminal is much more likely to see you never end up in jail, then being an unlucky poor one, or any indigenous person.