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Rights, the republic and participatory democracy : Comments
By Tim Anderson, published 24/3/2006'New Matilda's' Bill of Rights is likely to fail for the same reasons as the 1999 Republican proposal and referendum.
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Secondly, Tim states that the Act does not represent or advance participatory democracy but the fact there has been such a push by the campaign for submissions and feedback is so that there is free and full public and parliamentary debate (and notably from more than just the “educated types” Tim Anderson refers to).
Thirdly, Tim believes the bill does not seek to engage with popular achievements in Australian history but this overlooks the fact that rights protection for all Australians references and remedies past injustices without having to include an acknowledgement or disclaimer or historical bio before every clause.
As for a discussion of the practical implications of implementing international human rights protection, the experience of other countries such as the UK, NZ, Canada and South Africa demonstrate the practical impact on indigenous rights, immigration, incarceration of nationals, arbitrary detention, same sex rights and more.
The fact is the happy majority in Australia do not currently feel the effects of discrimination or other impediments to their freedoms and therefore assume they never will. The fact is that, as Tim states, both major political parties in Australia and the corporate media are doing damage to our democracy. The fact is that Australia’s international reputation is regressing further by the day due to its blatant disregard for international treaties and domestic human rights protection. Surely the proposed Act is effective in addressing these issues and achieving Tim Anderson’s goals of defining rights and the Australian identity? It may even just be a valid and effective first step, keeping in mind that there are examples of countries where a two-step implementation process of a bill followed by constitutional amendment has been successful (in Canada, for example). Australia needs domestic human rights protection and the proposed Human Rights Act affords just that.