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The Forum > Article Comments > Getting serious about human rights > Comments

Getting serious about human rights : Comments

By Bruce Haigh and Kellie Tranter, published 3/6/2009

Recent international criticism and local political shenanigans demonstrate that Australians need constitutionally enshrined human rights.

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“Recent international criticism” should not have any bearing on whether or not Australia needs constitutionally enshrined human rights. Bruce needs to forget international criticism (we should never be forced into anything just because of foreign views of us), and he is out of whack with a constitutionally enshrined B of R; even the doyens of human rights like Geoffrey Robertson don’t believe the constitution should be used. If such legislation were to be considered, it would have to be in the form of statute.

Taking “heed” of the United Nations is also a definite no-no considering the totalitarian countries involved in the human rights arm of that useless organisation. They are the sort who preach to Australia while their own citizens have zero human rights.

“Australia has put the management of part of its refugee responsibilities in the hands of the Indonesian Police and Army.”

No we haven’t. Bruce is confusing Australia’s responsibility under an out of date Convention with our attempts to prevent the smuggling of illegal immigrants into the country. “Rights” for Australia is one thing; attempting to extend them to non-Australians, particularly illegals, is quite another.

How Bruce connects ‘rights’ with the Alice Springs housing affair – where the ‘leaders’ have knocked back the money offered, even though the residents want better housing – is too incomprehensible to go into.

Bruce, from his very first post, has always come across as left-winger who, like many of his fellows, has been very disappointed in the Labor Party which was supposed to come up with the goods that he thought they should. I think that, if we are ever saddled with an unnecessary Bill of Rights, Bruce will be very disappointed in that too
Posted by Leigh, Wednesday, 3 June 2009 11:35:53 AM
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Could I say I am sick and tired of atheists, secularists, and other do gooders who write for this forum, failing to do their due diligence before putting an article online.

I have said it before but it seems that either the people concerned cannot read, missed it, or don’t believe me. In 1986 we got a Constitutionally Guaranteed Bill of Rights passed by the Parliament of the Commonwealth. It is Constitutionallly guaranteed because S 109 Constitution makes any law of a State inconsistent with it invalid. Further S 5 Commonwealth of Australia Constitution Act 1900 makes the laws of the Parliament of the Commonwealth passed under this Constitution, binding on the courts judges and people of every State notwithstanding anything in the laws of any State. How much more of a Constitutional guarantee than that do you need?

Doing Due Diligence as the writers of this article should have, I traced the Bill of Rights through Parliament in 1986, and sure enough it passed. So too did the act repealing the International Covenant on Civil and Political Rights from the Human Rights and Equal Opportunity Commission Act 1986 also just enacted, and putting it as Schedule 1 to the Bill of Rights Bill, but the rogues in the executive failed to send the Bill of Rights for Royal assent, and also the Bill repealing the Covenent, from the Human Rights Bill, to the Bill of Rights Bill.

This has allowed the dishonest members of the legal profession to pretend they can still lawfully practice exclusively in Australian courts, and their mates the Judges and Magistrates of Australia have true to the form of lawyers since Biblical times, refused to accept the will of the Parliament.

I think all people who express opinions should first do some research, and that includes you Leigh. While Statutory interpretation is something done first year at law school, it should be a compulsory refresher course for all lawyers, every year, including the authors. I just wonder how many lives would be better if our lawyers were honest, and open to competition
Posted by Peter the Believer, Wednesday, 3 June 2009 2:52:37 PM
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Peter the Believer,

Although I usually disagree with Bruce Haigh, I simply cannot believe that he would be ignorant of the things you claim to be fact.

"In 1986 we got a Constitutionally Guaranteed Bill of Rights passed by the Parliament of the Commonwealth."

Why are we arguing about a B of R now, then? Are you the only person who knows about this B of R. All of the lawyers in the country haven't heard of it. Is that what you are saying. People like Geoffery Robertson write that there is no guarantee of rights in the Constitution, but you disagree?

I hate to say this for obvious reasons, but: "Please explain".
Posted by Leigh, Wednesday, 3 June 2009 3:39:20 PM
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Peter the Believer: "atheists, secularists, and other do gooders". That is so funny!
Do not expect to be taken seriously anywhere outside the tinfoil hat club. It is a good thing that folks who talk to God are so obviously nuts.
Re the article...
It is fair to say that the Left is pretty disappointed with Rudd and co. Internet censorship is a good example of something people actually care about where they should have shown leadership, but instead buckled to the noisy religious minority. I'm not sure we can talk about universal human rights when our economy is based on so much exploitation. Nor can we single handedly save the world from it's own stupidity.
I don't trust the current crop of pollies to come up with anything radical and new. I believe I am coming to an understanding of conservatism: It comes from a deep mistrust of anyone with more power than oneself.
Posted by Ozandy, Wednesday, 3 June 2009 4:22:59 PM
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Peter the believer.
No I don't believe you. It may have escaped your attention in the fog of your rant that we do not put articles online, the publisher does, in this case OLO.
As a committed commentator,you might at least consider putting your name to your posts, which would demonstrate a degree of moral courage and ownership of the rubbish you claim as having some intellectual worth.
You will note that Kellie and I have put our names to a carefully considered and researched article, do not expect to be taken seriously if you cannot do the same. In other words cut the moralising untill and unless you come out of the closet.
Bruce Haigh
Posted by Bruce Haigh, Wednesday, 3 June 2009 10:37:35 PM
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Bruce Haigh, I would put my name on these posts if we had a legal system, and any decent lawyers at all in Australia. Why don’t you go on a small click hunt, you and your co-author, and check out what I say.

The first click should be Google, and click on Comlaw. The second click should be Current, The third, should be on Hu, a Page will come up with four forms of electronic reprint of an Act, the Human Rights and Equal Opportunity Commission Act 1986. Word or adobe will take you to it. Click four should be on one of those. It will say: This compilation was prepared on the 26th March 2006. Scroll down.the contents pages: It says Schedule 2 –The International Covenant on Civil and Political Rights. Four clicks and you stand shot down in flames.

Go back, to the Current page again. Click on Ac. The fourth act is the Acts Interpretation Act 1901, It says This compilation was prepared on the 6th January 2009. Go to Sections 12 and 13. 12 says every section a substantive enactment without introductory words; 13 says: Headings, Schedules, marginal notes footnotes and endnotes. 13 (2) Every Schedule to an Act shall be deemed to form part thereof. Back to current, Click Co. about half way down is the Commonwealth of Australia Constitution Act 1900. It says This compilation was prepared on the 25th July 2003. S 5 Commonwealth of Australia Constitution Act 1900 still says the same as it said in 1900, and so does S 109. You and the lawyer lady, should consider a rewrite.

Not to be too hard on you, the people fooled by Father Frank Brennan, and Robert McClelland include every Judge and Magistrate in Australia, most of the partners in every big law firm in Australia, and 99% of our elected representatives. The Human Rights Commission is a scabby substitute for free and unimpeded access to a court. Those having a go at me for being a Christian I will answer next. Jesus said I am the way and the truth
Posted by Peter the Believer, Thursday, 4 June 2009 3:20:02 AM
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