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Project SafeCom News and Updates 12 October 2005
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Project SafeCom
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Oct 11, 2005 21:31 PDT
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Project SafeCom News and Updates 12 October 2005
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1. A Human Rights Act for Australia Campaign Launch
2. Greens claim Fed Govt overlooking Chinese detainees
3. International Legal Concern Grows re Anti-terror Laws
4. Concerns mount over DIMIA's medical provider
5. Agha case highlights Immigration health concerns
6. Iran journalist disappears after second arrest
7. Civil rights campaigner survives attack
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-|| This is the Project SafeCom Newsletter - also published
-|| as the RAC-VIC Newsletter (Racvicnews) since July 2004 by agreement
-|| with RAC Victoria, which endorsed that their news service be
-|| managed by Project SafeCom. More information about us below.
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1. A Human Rights Act for Australia Campaign Launch
=======================================
New Matilda
Wednesday 12 October 2005
The launch of New Matilda's campaign for a Human Rights Act for Australia
on 5 October 2005 was privileged to be addressed by ten distinguished
speakers. Appropriately, in their discussions of universal human rights,
the speakers brought with them different narratives, backgrounds and
perspectives, yet ultimately they were unified by themes and ideas.
A number of speakers, including Waleed Aly and Greg Combet, spoke of the
role of a Human Rights Act as a reflection of Australian values. These
values were outlined by Professor Spencer Zifcak as primarily those of
egalitarianism, fairness, democracy, and freedom. A Human Rights Act would
enshrine such values into law, and in so doing, would provide the legally
enforceable counterparts to such moral values. However, the effect of the
Act would go beyond the mere creation of legal rights and remedies. The Act
would also affirm and proclaim those same values in a particularly
meaningful way.
It seems appropriate that the law should reflect our values. In this vein,
a number of speakers, including Professor Larissa Behrendt (link here:
http://www.newmatilda.com/home/articledetail.asp?ArticleID=1019 ), spoke of
the need for a Human Rights Act to make Australia a decent society, or ‘the
best society that we can be.' If the law exists to regulate the affairs of
persons in a society, how can anyone argue that the law should not reflect
the values of that society? Why should Australian law not uphold the
decency of Australian society?
Without a Human Rights Act, Australian law fails to truly reflect our
values and decency.
A number of speakers, including the Right Hon Malcolm Fraser, discussed the
recent response to terrorism of the Federal Government. Waleed Aly
described it as a ‘dynamic of stupidity.' In the name of protecting
freedom, we are being stripped of the very civil liberties which underscore
our freedom. A truly free society is not one which sanctions the arbitrary
detention of some in the name of the protection of the majority.
Australia's detention of asylum seekers was also a target of many of the
addresses. In this respect it is worth noting that New Matilda's draft Bill
does not make the possession or enforcement of human rights conditional
upon citizenship, residency, or other legal authority. For human rights to
be truly human, they must apply to all who come within the purview of the
government and its institutions. Nahid Karimi provided her own personal
account of life in detention. Fair and humane treatment of asylum seekers
is not only the just and decent course, but also, as Nahid herself is
living proof, one which may result in Australia welcoming intelligent
persons to our shores, who will contribute greatly to our society.
The night commenced with a Welcome to Country by Allen Madden, as
representative of the Gadigal nation, the traditional owners of the land on
which Sydney Town Hall stands. Our treatment of Indigenous Australians is a
sorry part of our history, and this flagrant violation of human rights was
referenced by a number of speakers. A Human Rights Act may well be a
platform for further reconciliation and redress of past wrongs against
Indigenous Australians.
How is it possible that a nation such as Australia abused Indigenous
inhabitants while at the same time building a culture of mateship,
fairness, egalitarianism and freedom? Perhaps one reason is that there has
been insufficient dialogue about rights between government and citizenry.
Without human rights legally enshrined, it is easier to ignore them. Rights
are thus disregarded, especially in conformity with racial intolerance.
Professor Zifcak and Mr Fraser both discussed the desirability of open and
frank dialogue about rights. Rights must be discussed in order to matter;
in order that rights considerations always intrude on legislative and
administrative action.
Elizabeth Evatt among others discussed a Human Rights Act as a check on
executive power. Legislatively enacted human rights reaffirm the
relationship between government and populace as one of service, protection
and leadership. If governmental institutions do not live up to these
ideals, they should be held accountable. Given the recently glaring
inadequacies in our immigration institutions, and the frightening breadth
of power given to ASIO by recent legislation, it would appear, as John
Menadue outlined, that the Parliament is no longer doing its job as a
defender of our ideals, values and rights. The draft Bill balances this
task between courts, executive and parliament.
While our treatment of asylum seekers and Indigenous Australians
illustrates the need for a Human Rights Act, a number of speakers also
referred more generally to the fact that the common law does not offer
adequate protection of human rights in this country. Malcolm Fraser and
Professor Behrendt both made this point. Australia needs to enact human
rights legislation, both in order to make basic protections available to
the marginalised and disadvantaged in our society, as well as to live up to
its international obligations.
Finally, a number of speakers including Susan Ryan noted that Australia is
lagging behind other Western nations in its failure to enact a Human Rights
Act. Australia, while priding itself on common values of fairness, freedom
and diversity, does not uphold these values in law as other nations do.
As John Menadue noted in his closing address, there is still much work to
do in the campaign for a Human Rights Act for Australia. The job will
require capital of both the financial and intellectual variety.
New Matilda is now calling for comments on its draft Bill. Many issues,
including the nature and number of rights which should attract protection,
the necessary limitations to be placed on protection, and the role of the
courts, are far from straightforward. What is certain is that the presence
of the campaign itself, in the lecture halls, in the media and in online
forums, generates a healthy debate about rights which this country needs.
The widest possible participation in this dialogue should be encouraged.
The Bill is now available here:
http://www.newmatilda.com/policytoolkit/policydetail.asp?PolicyID=143
Further details including transcripts of speeches, articles, volunteer
forms and how to donate to the campaign are available here:
http://www.newmatilda.com/policytoolkit/policydetail.asp?PolicyID=143
....and on the forum: http://www.newmatilda.com/forum/default.asp?CAT_ID=23
About the author
Adam Hochroth is a recent Arts (Hons)/Law graduate at UNSW, and the
University Medallist in Philosophy in 2001. He currently works as a solicitor.
http://www.newmatilda.com//home/newsdetail.asp?NewsID=1024
=========================================
2. Greens claim Fed Govt overlooking Chinese detainees
=========================================
ABC ONLINE NEWS
Wednesday, October 12, 2005. 12:48pm (AEST)
The Federal Government has been accused of allowing some long-term Chinese
detainees to languish in the Baxter Detention Centre near Port Augusta in
South Australia, while letting others out on bridging visas.
Earlier this year, the Government changed its policies and began offering
some long-term immigration detainees, who cannot be returned to their home
country, removal pending visas.
Victorian Greens party refugee spokesman Peter Job says 22 Chinese asylum
seekers who have been in Baxter and Villawood for between two and four
years have not been offered such a visa.
"There is no process by which they may apply. Many of the Chinese are
relatively isolated due to language reasons and for that reason they have
not been able to get adequate reasons why they have not been offered these
visas... In any case it appears to be somewhat arbitrary," he said.
Mr Job says the Federal Government needs to explain why these detainees
have been overlooked.
"Given the increasing evidence of the psychologically destructive nature of
long-term detention, I think it's quite astonishing that a nation that
professes to respect human rights would continue to allow any asylum seeker
to languish in long-term detention," he said.
"I believe that anyone feeling persecution for their political or religious
beliefs or because of fertility issues, should be welcome to seek
protection in Australia.
http://www.abc.net.au/news/newsitems/200510/s1480449.htm
========================================
3. International Legal Concern Grows re Anti-terror Laws
========================================
MR4505
12 October 2005
The Law Council says that there is an escalating groundswell of opinion in
the international legal profession against draconian anti-terror laws -
there is a rapidly growing international view that more faith needs to be
shown in our traditional legal protections.
Speaking at a national legal conference in Canberra today, Law Council
President John North said, "Any change that affects our right to live in
peace and to be free from arbitrary arrest and detention must be subject to
the utmost scrutiny. Do these laws actually make us safe or just makes us
feel safer? They are arming our police and intelligence services with
powers that history shows will likely lead to abuse and misuse."
From recent international conferences, it has become overwhelmingly clear
that the erosion of human rights is of international concern. "At recent
conferences of the American Bar Association, the International Bar
Association, the Commonwealth Lawyers' Association and at last weekend's
LawAsia conference, the prevailing theme has been the need for lawyers to
act now to halt the march of executive power", Mr North said.
As former Chief Justice of the High Court, Sir Anthony Mason said last week
"In a climate where there is apprehension about security, there is a risk
that the importance of protecting individual rights will be sacrificed or
underestimated".
Mr North said, "Australia stands apart as a western liberal democracy
without a Charter of Human Rights". The Law Council believes there are
many other local human rights concerns such as the treatment of people
including many children in immigration detention, the exclusion or
restriction of judicial review of administrative decisions, and the failure
to advocate for the provision of basic and fair judicial processes in cases
where Australian citizens are detained overseas.
"Some fifty people died in the London bombings notwithstanding control
orders and preventative detention laws. An innocent young man was shot
dead by London police in the aftermath to the bombings. Cornelia Rau was
mistakenly imprisoned and Vivian Alvarez was mistakenly deported by
agencies of the Australian government. David Hicks and Ahmed Aziz Rafiq
remain in foreign custody without the prospect of judicial
review. Executive power is deservedly everywhere under the microscope but
not least in Australia", Mr North concluded.
Media Contact: Elenore Eriksson,
Director Public Affairs - 02 6246 3716/0419 269 855
www.lawcouncil.asn.au
The Law Council of Australia exists to represent the legal profession at
the national level, to speak on behalf of its constituent bodies on
national issues, and to promote the administration of justice, access to
justice and general improvement of the law.
From
http://margokingston.typepad.com/harry_version_2/2005/10/antiterror_laws.html
===================================
4. Concerns mount over DIMIA's medical provider
===================================
ABC ONLINE NEWS
Wednesday, October 12, 2005. 8:18am (AEST)
By Daniel Hoare for AM
The Department of Immigration (DIMIA) is under fire over concerns about its
medical provider, Health Services Australia.
The Melbourne GP who was treating 79-year-old Syrian woman Aziza Agha
blames the Immigration Department for her death.
Dr Chris Towie says he gave explicit advice that Ms Agha be confined to her
home but the department insisted she attend an appointment with Health
Services Australia in Melbourne - more than 30 minutes drive from the
family home.
At that appointment, the service's doctor deemed Ms Agha fit to travel to
Lebanon.
Two days later she suffered a heart attack and died.
The ABC's AM program has obtained documents under Freedom of Information
that show there has been concern at the highest levels of the department
about Health Services Australia.
Among the documents are official notes from a telephone conversation
between the Immigration Department and the Health Services Australia doctor
that assessed Ms Agha.
The notes confirm the doctor's assessment that Ms Agha was fit to travel,
despite his serious misgivings.
The doctor - who is being called 'Dr X' to avoid revealing his identity -
stated that Ms Agha was a really old lady and he was unsure how she ever
travelled to Australia in the first place.
He advised she was able to travel with a non-medical person and that she
would require wheelchair assistance and may benefit from an oxygen cylinder
on the plane.
Dr X stated that Ms Agha was debilitated and that if she did not leave
Australia soon she would be unable to ever travel or leave Australia again.
Surprise
In the documents obtained by AM, the Victorian head of the Immigration
Department, John Williams, expresses his surprise at the doctor's assessment.
In an email written by Mr Williams on August 24 - the day AM revealed the
story of Ms Agha - he writes:
"It is clear she was not in a good health and therefore surprising that the
Health Services Australia doctor found she was fit to travel."
The Australian Medical Association's Victorian president, Dr Mark Yates,
says a number of GPs have made complaints about Health Services Australia.
"Any information that gets sent to the department seems to go into a sort
of black hole," Dr Yates said.
"We made it clear that there really needs to be a ... substantial
improvement in the communication between treating doctors and the doctors
... who are performing assessment on behalf of the department."
The case of Ms Agha is currently being reviewed by the Commonwealth
ombudsman and has also been referred to the Victorian coroner.
The ABC has been unable to contact Health Services Australia.
In a statement to AM, the Immigration Department said it was not
appropriate to comment on the case, as it was being investigated by the
ombudsman.
http://www.abc.net.au/news/newsitems/200510/s1480103.htm
======================================
5. Agha case highlights Immigration health concerns
======================================
AM - Wednesday 12 October 2005
Reporter: Daniel Hoare
PETER CAVE: Less than a week after a scathing report into the wrongful
deportation of Vivian Alvarez Solon, the Immigration Department is again
under fire.
AM has obtained documents under freedom of information which reveal
concerns at the highest levels of the Department about its medical
provider, Health Services Australia.
The documents relate to the case of 79-year-old Syrian woman, Aziza Agha,
who died of a heart attack in August, only two days after she was assessed
fit to travel overseas.
The Australian Medical Association says the case highlights entrenched
problems between the general practitioners and Health Services Australia.
This report from Daniel Hoare.
DANIEL HOARE: Aziza Agha died two days after she was assessed by Health
Services Australia as fit to fly to Lebanon.
The ailing grandmother had become sick since arriving in Melbourne from
Lebanon, in September 2004.
A Syrian citizen, Ms Agha was granted a six-month visitor visa to see her
children and grandchildren, but her final request for a six-month extension
on medical grounds was refused.
Melbourne general practitioner, Chris Towie – Ms Agha's treating doctor –
blames the Immigration Department for her death, saying he issued explicit
advice that she be confined to her home.
He says that despite that advice, the Department insisted Ms Agha attend an
appointment with the doctor from Health Services Australia in the Melbourne
CBD, more than 30 minutes drive from the family home.
AM has obtained a range of documents under freedom of information, which
seriously question Ms Agha's fitness to travel overseas.
In the documents the Victorian Head of the Immigration Department, John
Williams, expresses his surprise at the doctor's assessment.
In an email written by Mr Williams on the 24th of August, the day AM
revealed the story of Ms Agha, he writes.
EXCERPT OF JOHN WILLIAMS EMAIL: It is clear she was not in good health and
therefore surprising that the Health Services Australia doctor found she
was fit to travel.
DANIEL HOARE: AM has also obtained official notes from a telephone
conversation between the Immigration Department and the doctor at Health
Services Australia.
The notes confirm the doctor's assessment that Ms Agha was fit to travel,
despite his serious misgivings.
Rather than reveal the doctor's identity, AM will refer to him as Dr X.
EXCERPT FROM TELEPHONE CONVERSATION NOTES: Dr X stated client is a really
old lady and was unsure how she ever travelled to Australia in the first place.
He advised she is able to travel with a non-medical person (family member
to assist in the travel). She will require wheelchair assistance and may
benefit from an oxygen cylinder on the plane.
Dr X stated that she is debilitated. If she doesn't leave Australia soon
she will be unable to ever travel or leave Australia again.
DANIEL HOARE: The case of Ms Agha is currently being reviewed by the
Commonwealth Ombudsman and has also been referred to the Victorian coroner.
The Australian Medical Association has also met with the Department of
Immigration, outlining their concerns about the practices of Health
Services Australia.
The AMA's Victorian President, Dr Mark Yates, says that, for whatever
reason, the advice provided by Dr X in the Aziza Agha case is inconclusive.
He says he suspects that Dr X may have in fact been advising that Ms Agha
not travel.
MARK YATES: It was clear this lady was extraordinarily frail, and it seems
to me that he was intimating that in fact returning this lady to Syria was
obviously a risk that the Department should consider carefully.
DANIEL HOARE: Dr Yates says a number of general practitioners have
approached the AMA with complaints about Health Services Australia.
MARK YATES: It's been quite clear that doctors in the community feel that
when someone is assessed through HSA for the Department of Immigration, any
information that gets sent to the Department seems to go into a sort of a
black hole, and there is no further communication with that practitioner in
the community.
DANIEL HOARE: AM was unable to contact anyone from Health Services
Australia when preparing this report.
But in a statement to AM, the Immigration Department said it wasn't
appropriate to comment on the Aziza Agha case, as it was being investigated
by the Commonwealth Ombudsman.
PETER CAVE: Daniel Hoare.
http://www.abc.net.au/am/content/2005/s1480317.htm
==================================
6. Iran journalist disappears after second arrest
==================================
PM - Tuesday 11 October 2005 18:42:00
Reporter: Mark Colvin
MARK COLVIN: It seems hard to believe that someone as visible as a
journalist could just disappear, but that's what's happened in Iran, in the
case of a writer called Akbar Ganji.
Akbar Ganji was one of Iran's foremost journalists until about five years
ago, when he fell foul of the authorities.
He wrote a series of articles linking a number of execution-style murders
to the Interior Ministry, the security services, and perhaps most
dangerously to the powerful Ayatollah Hashemi Rafsanjani.
Then while he was in jail doing a five-year sentence for that, he wrote two
major pieces arguing for an end to the rule by Ayatollahs, and laying out a
vision for a secular Republic in Iran.
In return, the authorities told him they just wouldn't let him out at the
end of his sentence.
So Akbar Ganji went on a 79-day hunger strike – at the end of which they
finally did let him out for medical treatment.
But then they re-arrested him, and since just before the end of August he's
not been seen or heard from.
Organisations like Reporters without Borders are getting increasingly worried.
Mohsen Sazegara is an Iranian dissident, himself sentenced in exile to
seven years’ jail, who's currently at Yale University. He told me about
Akbar Ganji's case.
MOHSEN SAZEGARA: They put pressure on him that you have to write something
to deny his article, and he said that, no, I don’t do that, I believe in
what I have written already.
So he said that I don’t go back to prison anymore, because I have been in
jail for five years, and I don't go to deny my article. And if you put me
in jail again, I'll go on a hunger strike.
You know, that was during the presidential election, and he said that the
only solution for the country is resignation of the leader, and he must go.
After that they arrested him, and he has started a hunger strike, which
took about 79 days.
MARK COLVIN: And that must have really taken it out of him. He lost a huge
amount of weight and it must have been very bad for his health.
MOHSEN SAZEGARA: If you go 79 days on a hunger strike… I lost about 30
kilograms of my weight, I was on hunger strike for 56 days, and after that,
after three weeks, I started again for 23 days more, totally that was 79
days, and when I was released I was only 42 or 43 kilograms. Before
starting hunger strike I was 72 kilograms.
MARK COLVIN: Did it take a long time for your health to recover?
MOHSEN SAZEGARA: Yeah, that was the main reason that I came out of the
country, for my, both eyes and my heart.
MARK COLVIN: So with Akbar Ganji back in prison now, and apparently not
allowed any contact even with his wife, and no one knowing where or how he
is, you must be very worried.
MOHSEN SAZEGARA: That's true, that's the reason that everybody worries
about him, and I'm sure that he now he's in a very, very poor health, and
he must be under medical treatment and in hospital to take care of him.
And that's really something that worries everybody, because we don’t know
that in what condition he lives now, and even his wife doesn't have any
news about him and any information about him.
MARK COLVIN: Do you think that people in Australia or the Australian
Government should be doing anything about this, and if so, what?
MOHSEN SAZEGARA: International pressure is very, very effective, so if they
put pressure, I mean, the Australian Government, they put pressure, write
letter, talk to officials, and the people and journalists, intellectuals,
to the Government of Iran, especially to the leader, because he is
responsible for the life of Ganji, as he has written already to at least
let his wife to go and see him.
I think that this would be really effective.
MARK COLVIN: Mohsen Sazegara, the Iranian dissident, speaking to me on a
mobile phone line from Yale University in the United States.
http://www.abc.net.au/pm/content/2005/s1479898.htm
=============================
7. Civil rights campaigner survives attack
=============================
PM - Tuesday 11 October 2005 18:50:00
Reporter: John Taylor
MARK COLVIN: A warning to those listening with small children – the
following story contains graphic details of violence.
A Chinese civil right campaigner has survived a brutal bashing witnessed by
a foreign journalist in China's southern Guangdong province.
Lu Banglie was viciously attacked on the weekend as he attempted to escort
a journalist from Britain's Guardian newspaper into a village where the
effort to oust the village chief has become a test case for political reform.
In a report published in the Guardian the reporter wrote of how Mr Lu was
dragged from a taxi and bashed unconscious, with thugs continuing to kick
him in the head.
But it turns out that Lu Banglie survived the attack, and is promising to
continue his struggle for civil rights in China.
China Correspondent John Taylor reports.
JOHN TAYLOR: Thirty-five-year-old Lu Banglie is today recovering near his
hometown in China's central Hubei province.
He's lucky to be alive after thugs viciously attacked him on the weekend.
"I feel headache and pain everywhere on my body, but I don't know where the
pains are," he says.
Mr Lu was badly beaten Saturday night as he attempted to escort a
journalist from a British newspaper into Taishi, in Southern China's
Guangdong province.
Villagers there are embroiled in an ugly legal battle to remove their
chief, accused of corrupt land practices.
The case has attracted widespread attention from Chinese academics, lawyers
and rights campaigners, as it's seen as a test of the central government's
determination to fully implement laws on village democracy.
Lu Banglie is a civil rights campaigner who's been at the forefront of
helping the villagers. On Saturday night, as he attempted to escort the
journalist in, a group of thugs lurking on the village's outskirts
recognised him in a taxi and attacked.
"They opened the door," he says, "they pulled my hair and dragged me out,
they started to beat me, they punched me with their fists and kicked me
too, several minutes later, I was knocked unconscious, and I had no idea
what was happening then," he says.
Guardian journalist Benjamn Joffe Walt wrote about what he witnessed:
"He lay there – his eye out of its socket, his tongue cut, a stream of
blood dropping from his mouth, his body limp, twisted. The ligaments in his
neck were broken, so his head lay sideways as if connected to the rest of
his body by a rubber band," the reporter wrote.
Long after he was unconscious and the mob frenzy had eased, Mr Lu was still
being assaulted.
"Random people came up to Mr Lu and kicked him in the head," the article
says, "clearing their nose of snot on his body, spitting on him, peeing on
him, showing off for each other. I had no idea what to do," the Guardian
reporter said.
Lu Banglie was left there as the journalist was taken away. He says he
didn't wake up until after officials from his home province of Hubei had
placed him in a car on Sunday to return to his home city.
He believes local government officials sponsored the thugs who attacked him.
"I think, after I was sent back to Changshai," he says, "when I was woken,
a local People's Congress official said to me: "you shouldn't go back to
that village, look, those villagers are very brutal." I replied to them:
"it's not the villagers that are brutal, it's your government that is
brutal." I think those people are well organised, they also control people
coming and going. It's not the village people that can handle it, the
government definitely supports them, plans and organises things. In fact,
when I was beaten, I heard from someone else, the cops were there," he says.
It's not the first time that Lu Banglie has been beaten. He's even been
hospitalised before, and bashed by police.
But he believes what's happening in Taishi is important for China.
This is John Taylor in Beijing, for PM.
http://www.abc.net.au/pm/content/2005/s1479901.htm
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-|| This is the Project SafeCom Newsletter - also published
-|| as the RAC-VIC Newsletter (Racvicnews) since July 2004 by agreement
-|| with RAC Victoria, which endorsed that their news service be
-|| managed by Project SafeCom. More information about us below.
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