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of pro bono work 127 000 would allow us to run the whole making our future work project including four workshops with young people a roundtable meeting and a report we d mobilise about 83 000 of pro bono work posted by paul barratt at 6 34 pm no comments email this blogthis share to x share to facebook share to pinterest labels australia21 public policy wicked problems 25 march 2017 march in march 2017 armidale this afternoon i had the honour of addressing armidale s march in march community gathering on the subjects of asylum seekers and war powers my notes follow speech notes for armidale rural australians for refugees vigil central park armidale saturday 25 may 2017 foreign minister julie bishop is fond of extolling the virtues of a rules based international order she is particularly inclined to do that when other countries do things that don t suit us such as china building military installations on disputed reefs in the south china sea and claiming sovereignty over them she is right in principle of course we all have an interest in a rules based international order it s either that or the law of the jungle for a country such as australia the rules based international order suits us very well we are not powerful enough to get our way by force of arms or through economic power but we are important enough to be listened to when the rules are being made and we have a creditable track record in the development of international treaties and conventions that help to make the world a better and safer place the problem is in recent years our governments have become very selective about the rules they abide by the ones i want to talk about this afternoon are those which bear on the treatment of refugees and asylum seekers and those which bear on how we go to war in our treatment of refugees and asylum seekers we routinely ignore the provisions of the refugee convention which we willingly and proudly helped to negotiate in 1951 i am sure you are all familiar with the many ways we flout the provisions of the convention describing and treating those who arrive by sea as illegal mandatory detention rather than a short period of detention to conduct health and identity checks interminable delays in processing asylum claims denial of access to the australian courts transfers to third countries with associated claims that the asylum seekers are not our responsibility failing to make adequate provision for the health safety and welfare of people in detention and more recently refoulement returning refugees to their countries of origin without due regard to the dangers they may face you may be less familiar with the disturbing behaviour our government has shown in relation to our obligations under the convention on the safety of life at sea solas as recounted in tony kevin s excellent 2012 book reluctant rescuers and i would argue that our placing turned back asylum seekers in a lifeboat under the control of someone with no seamanship or navigation qualifications is in violation of that convention in addition some of the turn back operations have seen australian military vessels violate indonesian territorial waters in violation of the u convention on the law of the sea and of course our interception of boats on the high seas is highly questionable in relation to that same convention in considering our approach to the refugee issue we must also consider the contribution we make through our military actions to the fracturing of societies and the displacement of people we go to war too readily and we go to war too easily under the australian constitution the power to deploy the australian defence force into international armed conflict rests with the governor general acting on the advice of the prime minister and the executive council there is no requirement for parliamentary involvement in the decision making process this means that the power is effectively in the hands of the prime minister as former prime minister malcolm fraser wrote strong willed prime ministers always get their way in cabinet in 2003 john howard took australia into an illegal invasion of iraq under the united nations convention there are only two grounds for military action against another state authorisation by the un security council or an immediate threat to the nation s territory neither of those conditions was satisfied in 2003 to make matters worse the howard government sent the troops to war without obtaining the authorisation of the governor general the only person who has the constitutional power to authorise a deployment instead an order was given by the defence minister under section 8 of the defence act a section which merely gives the minister control of the administration of the department and the defence force it is not a power to make war in so doing the howard government placed the soldiers sailors and airmen and women at risk in the event of a claim that any of them had committed an illegal act under the laws of armed conflict the first question that would arise in front of a tribunal would be whether the individuals concerned were lawfully in the theatre of conflict and without the governor general s authorisation they could not argue that they were we deserve better than this a decision as great as going to war the biggest decision a country can make and one on which the fate of millions of people will depend must be subject to the most exhaustive scrutiny australia s parliament should be a vital part of that process and not simply a rubber stamp governments proposing a particular military deployment should be required to explain to parliament why it is proposed what it will achieve and how the predictable costs will be met including looking after its victims and if a war is worth fighting it is worth the trouble to look after the victims as we did after world war ii to the enormous enrichment of our society so by all means let us have a rules based international order but to show that we are serious about that let us demand of our governments that they obey all of the rules all of the time posted by paul barratt at 7 18 pm no comments email this blogthis share to x share to facebook share to pinterest labels asylum seekers international law refugees war powers 20 march 2017 australia21 media release re drug law reform senior police and prison officers stand side by side with drug users to call for law reform media release embargoed until 00 01 on march 20 2017 senior police and prison officers are today standing side by side with drug users calling for law reform to bring an end to killing and criminalising young australians drug related deaths diseases injuries crimes and social costs continue to rise despite more than 80 000 consumer arrests in australia each year so now four former police commissioners and assistant commissioners two former heads of corrective services a former supreme court judge and a former director of public prosecutions have made history putting their names to a report that says it is time for decriminalisation can australia respond to drugs more effectively and safely is being launched by jeff kennett founder of beyondblue and former liberal premier of victoria and bob carr f ormer labor minister for foreign affairs and former premier of new south wales this remarkable australia21 report does something that has never been done before it tables solutions backed by the very people who were enforcing drug laws until recently it comes out of an unprecedented roundtable convened by mick palmer who has served as commissioner of both the australian federal police and northern territory police what we now have is badly broken ineffective and even counterproductive to the harm minimisation aims of australia s national illicit drugs policy said mr palmer we must be courageous enough to consider a new and different approach drug users and their families have welcomed the stand if i had been given support instead of being jailed i would have spent 20 years as a productive member of the community instead of succumbing to my heroin habit that repeatedly ended me up in prison said kat armstrong who has finally gone straight cleaned up and founded the women s justice network to support other offenders trying to do the same i don t want more kids or anyone to die or to ruin their lives like i did we must intervene and help them now before it s too late she said i know because i lived it can australia respond to drugs more effectively and safely recognises the weight of evidence from australia and overseas that proves policing is singularly unsuccessful in reducing harms or changing drug use habits the threshold step is to redefine drugs as primarily a health and social issue rather than one of criminal justice said dr alex wodak director of the alcohol and drug service at st vincent s hospital sydney from 1982 to 2012 and current president of the australian drug law reform foundation the australia21 report makes 13 key recommendations aimed at minimising harms for drug users and those around them reducing the use of untested unregulated drugs in unsafe environments providing health and social programs to reduce drug related problems reducing and even eliminating criminal control of the drug market reducing the prison population and its associated progress to hard drug use supporting police and the judicial system to focus law enforcement more usefully the australia21 report calls for an approach that distinguishes between high end production and trafficking on the one hand and personal use and possession on the other it does not recommend open slather legalisation of all drugs instead it supports incremental robustly evaluated steps towards a national policy of decriminalisation standardising the discretionary approach to personal use and possession of cannabis and other substances that is already being adopted by front line law enforcers at the state and territory level advertising of any legalised and regulated drugs would not be permitted and some harder substances would require stringent controls such as prescription by a doctor recognition of the disconnect between harm minimisation and arrests for use or possession has already led to decriminalisation in many countries including the usa 11 states netherlands switzerland france germany austria spain portugal belgium italy the czech republic denmark estonia ecuador armenia india brazil peru colombia argentina mexico paraguay uruguay costa rica and jamaica the australia21 recommendations have not been made lightly they have been carefully considered after rigorous debate among the diverse group of roundtable participants and it has taken more than a year to reach consensus on the details and sign off the text can australia respond to drugs more effectively and safely is the third in a series of australia21 reports examining drug law reform the others are the prohibition of illegal drugs is killing and criminalising our children and we are letting it happen 2012 alternatives to prohibition illicit drugs how we can stop killing and criminalising young australians 2012 this latest report is being launched at 10 45am monday 20 th march in the jubilee room at nsw parliament house youtube link to social video https youtu be cxrpnoxbqne for further information web australia21 org au facebook australia21 org twitter australia_21 director deborah rice 0414 746648 deborah rice australia21 org au executive officer anne quinn 02 62880823 anne quinn australia21 org au can australia respond to drugs more effectively and safely summary of recommendations 1 the overriding objective of australia s national policy on drugs should be the minimisation of harm to users and those around them 2 the policy should include substantially reducing the size of or eliminating the criminal supply by incrementally moving psychoactive drugs from the black market 3 more proportionate funding should be directed into harm minimisation and away from ineffective drug law enforcement 4 it should be recognised that criminal and antisocial behaviour resulting from drug use is largely a result of the high costs of maintaining a drug habit and only in some cases the specific effect of the drug 5 users should be able to submit drugs for testing in a controlled environment to prevent avoidable deaths and overdoses 6 current practices to test drivers for the presence of psychoactive substances should be to ascertain whether the driver is unsafe or unfit to drive especially as new laws governing use of medicinal cannabis come into effect 7 key performance indicators kpis that include arrest rates for use and possession of psychoactive substances should be considered only partial measures of success unless they also include harm reduction measures 8 savings made from cutting back unproductive law enforcement activities should be re allocated within law enforcement to areas of greater benefit to the community 9 opioid substitution treatment ost including methadone and buprenorphine should be available for all heroin dependent prisoners sentenced and remanded and should continue to be available following release at reduced cost 10 the potential for an expanded ost service to substantially reduce the australian prison population and associated costs should be explored by state and federal taskforces and warrants serious attention by the australian productivity commission and the australian law reform commission 11 in view of the long and successful operation of the medically supervised injecting centre in sydney serious consideration should be given to the establishment of controlled drug consumption rooms in other parts of australia 12 australian authorities should review the effectiveness of the 2013 new zealand psychoactive substances act 13 two pilot projects to trial and evaluate the health and social programs recommended in this report should be conducted one in a remote disadvantaged community and another in an urban community with substantial social and drug related problems can australia respond to drugs more effectively and safely roundtable participants mr bill bush international lawyer and drug law reform advocate mr nicholas cowdery am director of public prosecutions nsw 1994 2011 mr keith hamburger am former director general qld corrective services commission superintendent ret d frank hansen apm former nsw police force dr stephen jiggins am professional communicator mr jack johnston former commissioner of tasmania police professor desmond manderson social historian australian national university mr denis mcdermott am apm sim assistant commissioner australian federal police mr ken moroney ao apm commissioner nsw police force 1965 2007 dr anne marie martin assistant commissioner offender management and policy corrective services nsw ms vivienne moxham hall secretary australian drug reform foundation mr matt noffs ceo of the noffs foundation mr mick palmer ao apm vice president australia21 and former commissio...