Dont it always seem to go...

...that you don't know what you've got til it's gone

Big Yellow Taxi

This blog has opined and warned against the erosion of one of the world's greatest traditions and civic structures - Trial by Jury. Now Queensland is leading the Australian charge. This from the state who imprisoned, just a few short years ago, its own Chief Magistrate when its own legislation prohibited such a thing. Seems to me that the Chief Justice of Queensland, the Hon Paul de Jersey AC, may have been asleep at the wheel on that one. One hopes that he - and a few others on the Queensland Bench and at the Queensland Bar - were appropriately embarrassed when the High Court of Australia quashed Queensland's verdict.

Now Queensland has taken the plunge to erode its citizen's rights to Trial by Jury - and it may have given opportunity for Jayant Patel, the defendant in one of the most serious matters to come before the Queensland Supreme Court, to opt for a trial by a judge alone.

One day, when there are no juries, when parliaments have accrued to themselves every bit of power over our lives that they desire, when there are no trade unions at all, and banks and other forms of usury take all our money and we all have casual-no-penalty-rates jobs, I hope someone can still find an old Joni Mitchell song to provide an anthem for our memories.

~~~
When you can do nothing else: bear witness.

A prophetic witness of Olympian proportions

Photo: The Sydney Morning Herald

Jarrod McKenna, our energetic peace-loving peace-making Aussie, has written over here of a great Olympic story. It is the story of a prophetic and public moment in the lives of three Christian men. Two of these men were black Americans. The third, a white Australian. The white Australian was Peter Norman.

What Jarrod didn't mention was that when Peter died in 2006, the solidarity of the three men that was so publicly and irrevocably evident at the Mexico Olympics in 1968 was evident once again. Tommie Smith and John Carlos were here in Melbourne for Peter's funeral and they helped to carry his coffin.

Dear Reader, you have no idea how much this meant to us in Australia. That such athletic comrades from almost forty years ago should do such honour by coming half-way around the world will not be easily forgotten by Aussies.

To-night, I will watch the opening ceremony of the historic Beijing Olympics. I am a great admirer - in spite of things that get in the road sometimes - of the Chinese, their history, their culture and above all the Tao Te Ching. I am conscious of Australian's long involvement with the Chinese people. But if, like our Prime Minister, I could be a forthright friend: there are issues of justice in China and some of its relationships which can be difficult to overlook. Some people, perhaps, at these Olympics will feel strongly enough to make a public - and possibly prophetic - stand.

I pray that if this is the case that such people will remember the time forty years ago when three men decided to make their stand: representing two very different cultures these men really stood for something. The speedy and gentle Australian did not raise a fist. He wore a badge and, with Christ in his heart and his motivation, stood beside his black brothers. After all, Jesus said, where two or three are gathered in my name: there I am in the midst of them.

~~~
When you can do nothing else: bear witness.

How wonderful to find such a picture with an Australian flavour.

See here.

I count the prophets of the eighth century as among my best mates. It is hard to choose between when it comes to favourites but, if I am forced, I will choose Amos, shepherd turned reluctant prophet. Christine Sine, that Aussie resident in the USA who comes home very often, has written a wonderful justice prayer over at Godspace which is partly based on Amos. The prayer has also been picked up at The Breadblog.

God let your justice and fairness flow like a river that never runs dry
Please help those of us who are rich to be honest and fair just like you, our God.
May we who have such abundance be honest and fair with all your people, especially the poor.
Let peace and justice rule every mountain and fairness flow as a river that never runs dry.

God let your justice and fairness flow like a river that never runs dry
May we your people defend the poor, rescue the homeless, and crush everyone who hurts them.
May we be as helpful as rain that refreshes the ground, to those who are treated unjustly.
Let the wholeness and fairness of your kingdom live forever like the sun and the moon.

God let your justice and fairness flow like a river that never runs dry
Because you our God rescue the homeless and have pity on those who hurt
May we who are rich stand up for the poor and let peace abound until the moon fades to nothing.
Let God’s kingdom of justice and fairness reach from sea to sea, across all the earth.
God let your justice and fairness flow like a river that never runs dry

~~~

When you can do nothing else: bear witness

Is the Australian jury still out on this one?

Our Kiwi cousins across the ditch, have often led the way for their more conservative Australian cousins. Kiwis have a radical history that Australia has seldom shared. Aussies bring up the rear.

Now first let me declare my position. I am a 100% supporter of juries. For me, they are an ancient British system which has served us well. Trials of all sorts have become more complex these days. Some of that is due to technology. Some of that is due to the sophisticated crims that abound to-day. But an awful lot is due to the legal profession/system itself, particularly with nit-picking approaches to law that leave citizens wondering if there is any justice and whether they might be better served taking the law into their own hands.

Now, not everything about the jury system is perfect - never has been. And, in recognition of this, we have adopted the motto "Better that ten guilty people go free, than one innocent person be convicted". In short, there is often a price to pay for the way the jury system operates.

Jury verdicts in Australia have been required to be unanimous - 12 out of 12 decisions. But there have been various tamperings around the edges of this. Scotland, however, has traditionally allowed majority verdicts. Now our Kiwi cousins have voted overwhelmingly for majority verdicts from Kiwi juries.

Not only that, they have gone a step further and stepped into the dangerous waters of double jeopardy. There have been cries in this country for the abolition of double jeopardy. One particular Queensland case going back decades - know names, no pack drill - raises its head on a regular basis in this regard.

The advances of DNA technology seems to have influenced many of the calls for the abolition. Again, the principle of double jeopardy has served us well - and it is not only Miss Eagle who thinks so. Various nations around the world - although not Australia - have enshrined the principle as a constitutional right. If the principle is abolished, it might be possible for people to be tried and tried again until the desired result is achieved. As it stands to-day, once a person is declared innocent of a charge then that is it. Except...and the exception has meant that if the powers-that-be believe it to be warranted, people are arraigned on other charges where possible. These may be lesser charges - but the whole community reads the sub-text.

My view - for what it is worth: I am prepared to go to exceptional use of majority verdicts but only as far as 10 out of 12 majorities, no further. I am not prepared to abolish in any shape or form the principle of double jeopardy. The power shifts away from the community too far into the hands of law enforcement for my liking.

I would, dear Reader, draw your attention to the views and experience of Chester Porter. Since his retirement from the Sydney Bar, Chester - the father of the wonderful poet, Dorothy Porter - has taken to writing. In his autobiography, Walking on Water, Chester gives a lot of time to putting forward his view that the next round of improvements in the legal system have to come through better police work. He expounds his argument with history that will be familiar to any reader of the daily press and brings in his own experience. So, Miss Eagle's view on double jeopardy is: give us high, impeccable, impartial, incorruptible standards of police work and I have confidence that juries will tend to give the right verdicts in the first place.

~~~

When you can do nothing else: bear witness.

A community assembles at Ringwood for justice

When you can do nothing else:

bear witness.

~~~

Employee relations under the Howard Government were a low point in employer-employee relations in Australia. The election of the Rudd Government has not restored normal service - hence the ACTU has now embarked on Your Rights At Work Mark II.

Union Solidarity was established to provide community support for unions and union members who withdrew their labour from employers in an effort to gain better wages and conditions, to press for union involvement at the bargaining table, and generally to right those wrongs that can come into the workplace when employers consider only their rights and economic interests and no one else's.

You will find Union Solidarity community assemblies in support of unions and their members across Melbourne as and when the need arises. The caravan, the coffee pot, the barbie, the warm fire and a microphone and cardboard and textas to explain to passers-by what is going on. Union Solidarity is something of a free-form organisation. No membership fees, joining-up handshakes or anything like that. It relies on community support - and how often the community turns up!

On Monday next, 23 June,

Union Solidarity will assemble not at a workplace

but to rally outside the

Ringwood Magistrate's Court,

39 Ringwood Street, Ringwood

at 9.30am.

The prosecution at Ringwood Magistrate's Court that Union Solidarity is interested in is that against Anthony Elliott, of Elliot Engineering. Elliott is the defendant in a trial arising out of a community assembly in May 2007. Elliot faces a number of charges. The prosecution will argue that he drove a truck in a reckless manner through a picket line. A number of Union Solidarity supporters sustained injuries as a result of Elliot's alleged actions.

Union Solidarity expects to see that justice takes its course.

A crack appears in the rotten facade

This blog has supported justice for David Hicks for a long time. He was incarcerated in Guantanamo Bay for a long and inhuman time. Now comes this news:

Hicks' lawyer, David McLeod, has told The Age he is confident that sooner or later either the US Supreme Court or the American political process will find the military commission system that convicted Hicks either unlawful or unsustainable.

"If the Supreme Court gets rid of the commissions, his conviction will go with it, and so will the proceeds-of-crime constraints," Mr McLeod said. It is also possible Hicks would then be in a position to seek compensation.

Go here to read further about the politically trumped up case that even the Chief Prosecutor of the US Military Commissions admits to.

~~~

When you can do nothing else: bear witness.

Christians Against Terrorism walk free and acquitted!

Free at last. Ruddock’s rotten rules couldn’t hold them. Read all about it here.Congratulations one and all. Miss Eagle is glad that your ordeal is over. God go with you into a new day!

What were we really thinking? What are Kev and Krew really thinking?

What were we really thinking all through 2007 ...

....as Kevin Rudd topped the polls

....as his me-too-ism made him a small target for the Liberal/National Coalition

....as Kevin and Julia made promises to business about AWAs

....as Kev courted people with religious affiliations who had never voted Labor - ever

....as Bill Shorten of the AWU and Greg Combet of the ACTU trumped pre-selection processes and long standing, faithful sitting members to gain pre-selection and election in safe Labor seats and then rewarded with positions as Parliamentary Secretaries

We - the trade unionists, those who cared about wage and income equity, those who marched for justice - kept putting our views forward persistently. We did not say what we really felt when the ALP policies were watered down into a new reality and The Greens put forward an industrial relations policy we found more understandable. The ACTU did not want to ruffle feathers and merely expressed disappointment.

We were realistic. We wanted Howard and his henchmen and women gone. We knew that this would be a big ask. We understood that Kev and Krew would have to play it cool to get across the line. We were not going to rock the boat. We would stay on message - even if it meant biting the anxious tips of our tongues off.

Kevin got across the line - but, just as Miss Eagle questioned during the campaign the state of Kevin's Spine, she now questions Kevin's gratitude.

There has been much watering down of industrial relations policy in an attempt to mollify business interests. Changes will not be fully in place until 2010.

Let's get frank now, Kev.

You were elected in December 2007. How would it be if we said to you, Kev, "Congratulations, Kev. You've won the election, Kev. You've beaten Howard, Kev. But, Kev, you will not take power until 2010. Until then Howard remains in power and continues to live at Kirribilli. He'll water down his behaviour and his hubris a bit. In fact, he'll try very hard not to use the numbers he has in the Senate to really rock the boat. But, Kev, go away and stay cool until December 2010."

Makes real sense, doesn't it Kev. Highly rational.

In fact, Kev, in 2010 we are due for another election and - if you lose it (I realise it is considered unlikely) - it could be that nothing of lasting consequence will have changed on the industrial front and you will go down in history as Kould-have-been, Kould-have-done Kev.

To my mind, Kev, this seems darned ungrateful and downright rude.

You see, Kev, all those corporations, business people, and corporate councils you mollified or attempted to mollify did NOT turn out the vote for you, Kev. If any of them changed their vote from Liberal to Labor for you, it was precious few and certainly not in tide-turning numbers.

Not like us, Kev. Not like us - the trade unionists, the justice seekers, the footsloggers in march after march. We worked. Agreed - some of us were in targetted electorates with huge support from the ACTU, campaign organisers, and organisations like PolMin. It was these resources - financial, organisational, and human - who turned out the vote for you, Kev. True, some of them - like Miss Eagle - gave their No. 1 to The Greens for their industrial policy while ensuring the final vote went to you. But even so, we turned out more votes for you and made the difference for you in a way that no other sector of the population did - and we did it for at least eighteen straight months.

Your Rights At Work Campaign on Election Day 2007.

So, Kev, guess what? We don't give a fig for 2010. We want industrial change now. We want equity now. We don't give a fig about what you had to say to business because we think your first loyalty is to us and not to them and that there are more of us in the Australian polity than there are of them.

I realise, Kev, that it is a long time since you and Therese felt the need to have the Union help you achieve some sort of justice for yourselves in the workplace. But perhaps you might pause to think how much Unions have helped you to Christmas Dinner at The Lodge. We ask you to think about that Kev, you and your Krew, and you might be a bit indigenous about it. It is pay back time. Time to show recipricocity, recognition and gratitude. Time to be well-mannered and acknowledge how you got to be Prime Minister. Thanks, Kev. Over to you and Krew.

Your Rights At Work Teams Celebrating Kevin Rudd's Victory, December 2007

Sentencing: Crime and Punishment - Victims and The Oppressed

On Sunday, 25 November 2007, the Feast of Christ the King and the last Sunday in the Year of the Church, Jonathan Chambers - who heads Anglican Criminal Justice Chaplaincy in Victoria - delivered the following sermon at the Church of St Thomas, Upper Ferntree Gully.

~~~~~~~~~~~~~~

The Reign of God in Luke’s Gospel .
Feast of Christ the King 2007 UFTG
Nature of the Kingdom of God -What sort of Kingdom?

_______

Jesus’ Final Words to another human being before he died were to the Criminal beside him “….Today you will be with me in paradise”

The Kingdom of God is not something in the future- It’s NOW
“Today you will be with me in paradise”
Why would Luke finish this way?

What clue does it give us to the Nature of the Kingdom of God?

To understand the nature of this Kingdom, it is necessary to go back to Nazareth and the Jesus Manifesto, his campaign speech:
The Spirit of the Lord is upon me,

because he has anointed me

to bring good news to the poor.

He has sent me to proclaim release to the captives

and recovery of sight to the blind,

to let the oppressed go free

to proclaim the year of the Lord’s favour.

And he rolled up the scroll,

gave it back to the attendant, and sat down.
The eyes of all in the synagogue were fixed on him.
Then he began to say to them,
Today this scripture has been fulfilled in your hearing.

……“Today you will be with me in Paradise”
The Reign of God which Jesus declared and commenced with his ministry was about:
God’s Justice
Relief from poverty
Release to Captives
Recovery of sight to the Blind
Freedom for the Oppressed

In Luke, we see Jesus living out His Manifesto about the Reign of God - and what it looks like - in his life, ministry and teaching

Good News To The Poor
Magnificat
He has brought down the powerful from their thrones,

and lifted up the lowly;

he has filled the hungry with good things,

and sent the rich away empty.

Beatitudes
Blessed are you who are poor,

for yours is the kingdom of God.
But woe to you who are rich,

for you have received your consolation

blessed are you who are hungry now,

for you will be filled.
Woe to you who are full now,

for you will be hungry.

And then there were:

The Rich Man and Lazarus
Zacchaeus – the rich man who shares his wealth. Salvation has come to your house Today

Jesus was concerned about the gap between Rich and Poor
Luke was concerned about the gap between rich and poor in the Christian Community for which he wrote his Gospel.

Look at:
Housing at Docklands and the High Rise Commission Flats of Fitzroy or Flemington
Median Household Income in Braybrook is $575 pw
Median Household Income in Kew is $1850
(Median Household Income in Upper Ferntree Gully [where St Thomas’s is] is $1277)
25% of Victoria's Prison intake comes from only 13/647 in Victoria

The Reign of God is about the rich like Zacchaeus sharing wealth with the poor; and including the socially disadvantaged through equal education, maternal health care, adequate housing, employment.

Hugh Mackay in yesterday's Age spoke of reclaiming egalitarianism- a fair go - which was part of our Australian culture only 15 years ago.

Release To The Captives
Jesus brought release and community inclusion from captivity of sin. He included the sinful woman who anointed his feet; release and inclusion to the Leper; release and inclusion to the sick woman bent over for eighteen years; release and inclusion of the hated Samaritan Leper who returned to thank him for healing.

In the Gospels, Jesus didn’t spring anybody from prison.
But in the Book of Acts, Luke records four occasions when early Christians were released from prison by Divine intervention. Demonstrating God did indeed come “to set the prisoners free”

“Holding people captive” is a foundation of our Criminal Justice system in Victoria in the hope that paying people back with deprivation of liberty will deter them and others from offending again.
But 62% of those who go to prison will return.
The payback system.

How does it sit with Jesus command to love your enemies and do good to those who hate you?
If someone strikes you on the cheek, offer the other also.

In the story of the Prodigal Son, contrast the response of the Loving Father and the Older Son to the Prodigal. We are challenged and overwhelmed by the generosity of the Father who doesn’t “give the prodigal what he deserves”

The wisdom of God’s Reign as shown in this story is demonstrated in the Truth and Reconciliation Commission of South Africa following apartheid.
“Healing through truth telling”.

Jesus shows the futility of inflicting more harm in order to “pay the price for the harm done”
Walter Wink says:
“As a society we run the risk in endeavouring to fight evil with evil – of becoming the very evil that we hate”.

God’s Reign and Kingdom looks to the future and aims to restore and repair the harm done. It builds up. It doesn’t beat people into submission.


Recovery Of Sight To The Blind
I discovered that The Blind in Luke’s Gospel were not the physically blind - whom Jesus healed - nor the spiritually blind who regained sight like Zacchaeus.

The Blind were Scribes and Pharisees who always complained about anything Jesus did to help anybody. “Tut tutting”. They are like Older Brother who complains that the son isn’t getting what he deserves, or like the Pharisees who complained that Jesus was breaking the rules.

In Victoria, The Blind - as far as the criminal justice system is concerned - are the Community in general. Because what goes on in prisons is hidden, we don’t know – other than what the press tells us. Or what the Ombudsman reports, as we saw this week.

The Press, generally, only report newsworthy stories- ones that will reinforce peoples’ beliefs and, particularly, prejudices. They don’t portray people as someone’s son or daughter, but dehumanise them stereotyping them as “Monsters” and defining them by the crime.
Murderer, Rapist, Paedophile, Thief.
Truly dangerous serial offenders = 2%.
The rest are tarred with same brush.

So the public are blind to the true story - and so there are calls for tougher sentences and longer jail terms.

• Academic studies by psychologists, criminologists and sociologists point to the futility of locking people up.
• Anyone who works in the prison system agrees it is counter productive and makes people worse.
• Politicians associated with the prison system know that it’s costly and ineffective, but not one is willing to risk the electoral backlash if they appear to be “soft on crime”
  

With no other voices, other than the media, the Community continues to be Blind.
We like to believe it’s a Just system,.
Collusion terms are there like “Collateral Damage” in War.
We talk about:
Humane containment. Duty of Care. Modern prisons.
We hide the damage done by kidding ourselves we are rehabilitating
And we euphemistically call the govt dept ‘Corrections Victoria’ – when 62% return !

You can’t bring about a change of heart when you’re holding someone under force, isolated from the community. We each need community to survive.

The Reign of God is demonstrated by the story of the Shepherd who would care for each lost one so much that he would do the irrational thing of leaving 99 to go after that one. And when he finds it, like the loving father who found his son, throw an extravagant party.

The kingdom of God is not about condemning the lost by exclusion,

but by seeking them out, costly caring and celebrating –

even when they don’t deserve it.

To Let The Oppressed Go Free
The oppressed in the Gospels are those who are captive. To Roman and Jewish Laws- which were oppressive. Served law makers – not the people.

In the Criminal Justice system “The Oppressed” are the Victims of Crime- who, because of our legal process, don’t get a fair hearing. Crimes aren’t against a victim; they are offences against the State.
Therefore the only reason for involving a Victim is to call them as a witness.

Howard Zehr:
We don’t listen to what they have suffered and need
We do not seek to give them back what they have lost
We do not help them recover
We may not even let them know what has transpired since the offence.

Consequently, Victims feel that no justice has been done which recognises their loss. There is no closure .Which leads to anger, fear, and demands for vengeance.

Consequently Victims of Crime Groups are angry –
because they are oppressed

A Restorative Justice system, focussed on healing the wounds, with compassion as seen in the tender treatment of the Good Samaritan to the victim of crime on the road from Jerusalem to Jericho would go a long way to letting these oppressed go free.

A compassionate system which gave a place for victims to be truly heard and which still held offenders accountable to restoration could result in more Victims of Crime becoming Survivors of Crime.

The Reign or Kingdom of God as shown by Jesus actions and teaching in Luke are clearly at odds with the values of the Kingdoms of this world.

The Day of the Lords Favour, which Jesus declared began with his ministry
“Today this scripture had been fulfilled”.

If God’s Reign, which commenced in Nazareth is to continue, then WE are called too - as Christ’s Body to-day -to practice what we preach.

We are to do what we can to:

• Restore the poor.
• “Make poverty history” not just overseas but for the households of Braybrook who receive $570 per week
• Set the captives free.
• Work to find better ways of making offenders accountable rather than locking them up. Impossible? We did away with the death penalty. They said you couldn’t abolish slavery yet Wilberforce knew about the Kingdom of God. As did Mandela.
• Open the Eyes of The Blind.
• We need to let the Community know the truth about what harm prison does. We need to inform politicians that they will lose their seats if they let this injustice continue. Because God’s justice isn’t about payback. It’s about restoring right relationships.
• Let the Oppressed go free.
• We need to change the legal system – so that it is not combative with winners and losers. To change it to a place where victims are truly heard and offenders are truly held accountable. A place where people don’t just look at an offence and say : “this is what you will have to pay for breaking the law”, but instead we ask the Victim “what can we do to heal the damage, what can the offender do to bring restoration, what reparation should be made to the community, and what can we do to help prevent this offender from needing to offend again.”

In Luke’s Gospel, Jesus’ final words to another human were addressed not to his disciples but to a criminal. Most of his followers had abandoned him. They were words of inclusion to the outcast who on his own admission was guilty - but who sought Jesus’ acceptance.
Today this scripture has been fulfilled
“….Today you will be with me in paradise”

Can we be as inclusive –
so that the Kingdom may come on earth as it is in heaven.
Today?
I believe yes, we can –
as people who want to live in the Reign of God and God’s Justice.

Jonathan also handed out a document with the title Victoria's Prison Population: 2001 to 2006. It, along with its statistical documentation, can be found here. It is a publication of the Sentencing Advisory Council.

For more about Howard Zehr and his work with Restorative Justice, see here.

Could there be light at the end of the gambling tunnel?

Some lessons are only learned, it often seems, when a monetary penalty is imposed, when someone sues for civil damages. The tobacco industry is a case in point. Science could not put them in their place, but damages claims can. It is to be hoped that - in time - gambling will suffer a similar fate.

To-day, in Australia, we may see some light at the end of a tunnel. We hope it is not extinguished.

A well-heeled problem gambler has established at law that he has a case against Crown Casino here in Melbourne.

Currently, gambling venues get away with grand larceny. They can lure and entice to their hearts' content and disclaim any responsibility. Problem gamblers can steal from their employers and lose the money over the gambling tables or down the machines but gambling entities are not held liable for receiving stolen property and are never forced to repay it. Families and their property can go down the drain because of a problem family member but no corporate entity is ever held to be liable.

To-day, Justice David Harper may well have set in train events which could change all that. Miss Eagle sincerely hopes so.

NOTE: Justice Harper was appointed a Queens Counsel in Victoria in 1986 and in New South Wales in 1989 after a distinguished career at the Victorian Bar which began in 1970. He was appointed to the Supreme Court in March 1992. He is currently Chair, International Humanitarian Law Advisory Committee of the Red Cross (Victorian branch). He has had a long and active involvement with the Victorian Bar (1980-91) and was the Chairman in 1990-1. Justice Harper served as a part-time Commissioner of the Victorian Law Reform Commission from 1991 until its abolition by the Liberal Government in 1992.

Words fail Miss Eagle

Miss Eagle frequently waxes loud and lyrical on issues affecting Aboriginal people - or rants and raves, depending on your point of view. Miss Eagle is not writing about the trial of under age youth for the pack r-pe of the young girl at Aurukun. Miss Eagle's words would fall like lead into such an abyss. The only insightful material that I have read is by David Martin in Crikey.

David Martin has had close connections with Aurukun for over 30 years, including living there as a community worker for eight years from the mid-1970s, and later spending a further two years there conducting research for his doctoral thesis. He has close family connections with Aurukun, and has raised children there. He gave evidence into the Aurukun hearings of the Royal Commission into Aboriginal Deaths in Custody and provided advice to the Fitzgerald Cape York Justice Inquiry. David is currently a Visiting Fellow at the Centre for Aboriginal Economic Policy Research at the Australian National University and an independent anthropological consultant. He spoke to Thomas Hunter for Crikey.

Miss Eagle finds that First Dog echoes her sentiments. What else can be said that has not already been said? At least until the next time I wax loud and lyrical and rant and rave about racism and governance in Queensland - and remind you, dear Reader, how far away in distance, culture, comfort, and support Aurukun on Cape York is from Brisvegas and its comforts, freeways, casino, ignorance, and failure to listen and to consider!

Richard Pratt and social capital

Somewhere in this story, there appears to be a whole new meaning to the term, Social Capital.

Supersizing me where I live - Part 2

I - as I am sure you do, dear Reader - sometimes daydream about living in another period of human history. For Miss Eagle, her daydream is about time travelling to live as an Edwardian. Not a poor Edwardian mind you - probably an upper middle class Edwardian. So many things were happening then. New ideas, a new century and clothes were s-o-o elegant. But my daydream is tempered by the quote from John Rawls: The best measure of a just society is whether you’d be willing to be thrown into it at random.

That, dear Reader, is the crunch - is it not? I certainly would not want to be thrown at random and willy-nilly into Edwardian society. Would you, dear Reader, wish to be thrown random and willy-nilly into the first decade of 21st century Australian society? Before you give an unthinking yes to that question or reply that if you could come back as a miner in the Pilbara, let's pause for thought. Perhaps randomness and willy-nillyness would see you come back as a traditional Aboriginal person in a remote community in the Northern Territory. Or you might come back as a woman of Islamic faith who wears a hajib speaking with a broad Australian westie accent. Or a young man of middle-eastern appearance in Lakemba with a similar accent. Are you still willing to subject yourself to such randomness and willy-nillyness?

If your answer is no then Australian society in the first decade of the 21st century is not living up to the best measure of a just society as defined by John Rawls, the great moral philosopher of the 20th century.

As Australia heads for an election and the possibility of electing John Howard (who is in his sixty-ninth year) as Prime Minister for a fifth term heading for twelve years in office (the President of the USA can only have two terms of four years each), the question we should ask - as we should always ask of our nation - is: is Australia a just and fair society?

And, Miss Eagle has discovered, we give ourselves away on the justice issue in one crucial and historically verifiable way: our height. Now I am not clear where Australians are on the height table in relation to other nations but take a look at this article about the height of Americans vis-a-vis Northern Europeans. It appears that we write our communal and national history in our bodies and we can transcribe that history through our measurements, our personal vital statistics. We can match those vital statistics to historical events, to economic data like GDP and we can see what we are doing and have done to ourselves and to others.

Similar measures are outlined in the WHO Issues New Healthy Life Expectancy Rankings. Japan is top of the list and Australia is No. 2. The USA is not in the top ten. It rates 24th. Miss Eagle wonders if Australia might have topped Japan if mainstream Australia had been as concerned for Aboriginal health and well-being as it is for its own. Certainly, in the USA, efforts are poor at having an inclusive attitude to national health and well-being. Let's take a look:

1. You die earlier and spend more time disabled if you’re an American rather than a member of most other advanced countries.
2. Some groups, such as Native Americans, rural African Americans and the inner city poor, have extremely poor health, more characteristic of a poor developing country rather than a rich industrialized one.
3. The HIV epidemic causes a higher proportion of death and disability to U.S. young and middle-aged than in most other advanced countries. HIV-AIDS cut three months from the healthy life expectancy of male American babies born in 1999, and one month from female lives.
4. The U.S. is one of the leading countries for cancers relating to tobacco, especially lung cancer. Tobacco use also causes chronic lung disease.
5. A high coronary heart disease rate, which has dropped in recent years but remains high.
6. Fairly high levels of violence, especially of homicides, when compared to other industrial countries.
7. Lack of universal access to medical insurance thus limiting access to health care.
8. Eight million Americans are without a job.
9. Forty million Americans are without health insurance.
10. Thirty-five million Americans live below the poverty line.

So, dear Reader, next time rich, famous, and infamous Americans catch your attention and life looks great over there, please remember these ten points. Next time an American celebrity gives away lots of money and looks good doing it, remember the unfairness of those ten points.

Ask yourself, dear Reader: if you were one of those people in the statistics quoted in these ten points, would you rather have fairness and equity brought to you by public policy voted on by every citizen entitled to vote or would you rather be one of the deserving poor dependent on the selectivity of a rich person?

Now look at the Australian picture:

1. 1.05 million households have been classified as having "low economic resources" by the Bureau of Statistics. To fall into that category households had to have low levels of both income and wealth.
2. More than 820,000 children aged under 14 live in the 1.05 million households that have been classified as having "low economic resources"
3. After adjustment for family size and composition, the disposable income for low economic resources households was $262, less than half that of middle-expenditure households.
4. One in every eight of people living in "low economic resources" households are saying they gone without meals in the previous 12 months because of a shortage of money.
5. Almost one-third of the households said they spent more than they earned, suggesting they were either running up debt or drawing on meagre savings to make ends meet.
6. The number of sole parents who receive a pension is on the decline for the first time since 1997.
7. The proportion of lone mothers in the labour force - either in work or looking for work - grew from 49 per cent in 1997 to 60 per cent last year

The last two items need to be look at more closely in relation to income, child care costs, who is looking after the kids and in what circumstances?

Our national government has neglected Aboriginal voices for more than a decade. State and Territory Governments records are not good either. And the Australian voter has not given a sufficiently high priority to Aboriginal health and well-being - instead focussing on its own income and tax-cuts - to impress politicians with a demand for urgent attention. There is a lot of goodwill out there towards Aboriginal people and their concerns but mainstream Australia is not prepared to forego its own financial well-being or do without a tax cut to bring others, black or white, into a position of equity. Please read this speech by Lieutenant General John Sanderson and have a big think.

And what evidence do I have that mainstream Australians are prepared to put themselves and their own well-being ahead of other citizens? I give you the saga of the Merseyside Hospital in Devonport, Tasmania. This is a town with a population of just over 20,000 souls which has access to two nearby hospitals within a half hour and an hour's drive yet has demanded that its own hospital be kept open to the tune of at least $45 million in spite of the difficulty of attracting highly skilled staff and maintaining their skills, in spite of the fact that the hospital itself may not be able to operate in a manner in which safety is guaranteed.

A venal Prime Minister desperate to advance his election prospects has met these demands and thus encouraged a queue of similar demands to form.

It is not only our bodies that are getting fatter and taller, our minds are becoming sloppy and unreasonable and more grandiose.

Supersize me, Prime Minister, some citizens are saying - and do it right where I live.

Cheezburger justice

We at The Trad Pad love this. Below is an excerpt that is worth passing on.

Brenda Niall: Witness and Advocacy

This week on Radio National's First Person, biographer Brenda Niall, is reading from her autobiography, Life Class. This morning she discussed the biography she did of one of Australia's great artists, Judy Cassab. Miss Eagle feels a sort of affinity with Cassab - on two occasions in her daily life she has gone to work each day to come face to face with a Judy Cassab. When Miss Eagle managed the Mount Isa Public Library, it was a very large portrait of Sir James Foots, a former Chairman of Mount Isa Mines Limited. Many years later, Miss Eagle worked in the Darlinghurst offices of Leon Fink, the well known Sydney art patron. Her desk was directly below a Cassab nude.

Niall told a story of an 80 year old Holocaust survivor coming up to her at the Brisbane Writers Festival and asking her if she thought it possible that by writing a book one could help people to understand what happened. The woman said "I was in the camps and I don't understand." Niall said that she thought it was possible to give people some knowledge of what had happened. Niall said - and I might, dear Reader, not have this exactly correct but you will get the idea - Nothing comes from nothing.

This could be Miss Eagle's motto. This blog's main theme is on justice advocacy placed in the context of the Kingdom of God. In other words, justice advocacy through a Christian lens. A lot of the time, it feels like spitting in the wind. Speaking out on causes which a lot of the population don't care to think about. Speaking out - and seeing little return in terms of success, or items ticked off as complete. But, Miss E reasons, what is the alternative? Saying nothing in the face of great wrongs? Saying nothing and by default refusing to bear witness? Saying nothing and having the silence construed as consent?

Over at The Nature of Robertson, Denis is rejoicing in some success. Denis is an environmental advocate. He is not a professional but a highly dedicated and knowledgable amateur. In the Southern Highlands of New South Wales, a David and Goliath struggle is going on between the locals and Sydney Water as Sydney Water seeks to raid the Kangaloon Aquifer for Sydney. Read all about this on Denis's blog. The battle has been going on for some time.

Denis has not carried the battle alone, as he points out. But Denis has made a significant contribution. His environmental knowledge of plants and his willingness to investigate on a scientific basis has led to interesting discoveries on which to build sound argument. His public sector administration background has been helpful in putting together documents to assist in the campaign and in preparation for public, professional, bureaucratic and ministerial meetings. And not least of the tools in his kitbag has been his blog. Through the blog, photos, stories, and news have been published. Through the blog, information and social networks have been built. Through the blog, the communities involved have been kept informed. Congratulations to you Denis and all of your campaigning colleagues. A major battle has been won. Now on to winning the war!

Aboriginal insecurity: thinking on vines and fig trees. Part 1

Moreton Bay Fig Tree, Queen's Gardens, Townsville

Photo by Alice at A Growing Delight

Micah, an eighth century prophet of the Tanakh/Old Testament, is a great friend of Miss Eagle. He is much quoted. One of the most frequent quotes is

and they shall beat their swords into plowshares,

and their spears into pruning hooks;

nation shall not lift up sword against nation,

neither shall they learn war any more;

Not so often heard is the next verse, Micah 4:4

but they shall sit every man under his vine and under his fig tree,

and none shall make them afraid;

for the mouth of the Lord of hosts has spoken.

This is one of Micah's latter day prophecies so, even in the 21st century - it is arguable - that we cannot expect the fulfilment of the prophecy. However, while fulfilment may be postponed, these prophecies have embedded themselves in Judaism and Christianity as ideals for which the people of God strive.

This week has been one in which, at least for Miss Eagle, the pain and insecurity of Aboriginal people has coalesced around three major issues: the nuclear industry; the legal system; the abuse of children.

Miss Eagle can never feel what Aboriginal people who exist at the margins of white settler society feel and experience. However, Miss Eagle has spent most of her life in Northern Australia - in North Queensland and the Northern Territory - the site of the manifestations of these three issues. Miss Eagle has lived amid some quite significant Aboriginal communities and populations. So while she is not affected as her Aboriginal friends are, she does experience the pain of the issues of this week in something like a reflected manner: through a glass darkly.

Bringing these major issues affecting Aboriginal people and nations into a coherent post is not easy. Thoughts could not be quickly expressed. One could not rush to verbage to express such deep pain. Miss Eagle is not sure she has found a pathway to coherence even now. So, dear Reader, Miss E begs you to indulge her patiently as we tread this pathway to a connected, coherent view of what is happening and what it really means. In treading this pathway, we will travel behind the headlines. Hopefully, we can sublimate emotions and the emotive. This will be not easy - and may well be impossible.

...to be continued

Chris Hurley: on trial in Townsville

Miss Eagle has had much to say on this blog in relation to the death of Cameron Doomadgee, Mulrunji. To-day, in Townsville the trial of Chris Hurley began. Miss Eagle will not be commenting on this matter during the trial. At this stage, the fact that Chris Hurley is on trial is sufficient. Those who are interested should be able to find sufficient press coverage. Miss Eagle would only remind you, dear Reader, that if more information is needed the Coroner's report into Mulrunji's death and her recommendations can be accessed here.

David Hicks coming to Yatala Labour Prison

Short Shadow has left a comment on Miss Eagle's previous post about David Hick's homecoming. Miss E doesn't want such a worthwhile comment left unnoticed so is posting it here:

Unfortunately Premier Rann seems bent on squeezing as many populist brownie points as he can out of the last few months of Hicks' incarceration by insisting that he's kept in conditions which resemble Guantanamo as closely as possible. In SA prisoners approaching the end of their sentences are allowed to access various pre-release programs etc to prepare them for their eventual release. Rann has not only ruled this out in Hicks' case but he's also banging on about how after his release he'll still be a major threat to the community, and demanding that his liberty be restricted further by control orders and the like once he is set free. Given that the US Military Commission imposed a much lighter sentence than all the Rumsfeldian hyperbole (Hicks "the worst of the worst"?) seemed to suggest some people, hearing Mr Rann's drum banging, might smell a rodent and conclude that the Premier is trying to create a smokescreen over the perception that his government's dealing with crime, and perhaps corruption, is sub-optimal.

David Hicks: Home soon - very soon it seems

G Division, Yatala Labour Prison, South Australia

David Hicks who will be incarcerated there.

The arrival home of David Hicks to Yatala Prison is drawing closer in what might even be called an expeditious manner. Pray for his welfare.

Fair Go for David