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Archive for Tuesday, March 24th, 2009 04:03 pm GMT +10

Trading Blows

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The Rudd Government has just released the draft legis­la­tion for its Carbon Pollution Reduction Scheme (CPRS), a pro­posed carbon trading plan that has seen all sides of the debate up in arms.

The legis­la­tion has an uphill battle through the Senate though with the Coalition, Greens, Family First’s Steve Fielding and inde­pend­ent Nick Xenophon com­mit­ted to seeing key amend­ments made.

Such a polit­ical mine­field for a bill attempt­ing to address climate change for the first time is not sur­pris­ing, but the con­dem­na­tion of the CPRS by both envir­on­mental and busi­ness lobby groups is sig­ni­fic­ant and worrying.

The Rudd Government has com­mit­ted to a modest medium term target of a 5% reduc­tion from 2000 levels by 2020. Reductions of up to 15% by 2020 will only be acted upon if a global agree­ment for carbon trading is brought into fruition.

The medium term reduc­tion targets are inef­fect­ive if not poten­tially coun­ter­in­tu­it­ive to com­bat­ing climate change. The Rudd Government’s chief climate change advisor Professor Ross Garnaut has openly con­demned the 5% aim as too low to make a plaus­ible impact, which is damning given that the Prime Minister repeatedly emphas­ised the role of Professor Garnaut in for­mu­lat­ing the Government’s climate change policy through­out the 2007 elec­tion cam­paign. He has also high­lighted that the sug­ges­ted reduc­tion will be another factor pushing the global com­munity to avoid strong carbon cuts again when inter­na­tional talks convene towards the end of this year.

Environmental groups are rightly high­light­ing that the CPRS could also placate the com­munity as many would feel climate change is being addressed when in reality the pro­posed policy will have little mean­ing­ful impact.

The exclu­sion of vol­un­tary emis­sion reduc­tions by house­holds in the CPRS is sim­il­arly a major concern. The policy in its current form will serve only as an alloc­a­tion of carbon emis­sions, rather than a reduc­tion scheme as suc­cinctly described by Dr Richard Denniss, Director of the Australia Institute: ‘every tonne of carbon dioxide saved by house­holds will simply free up a tonne that can be used by industry.’ The legis­la­tion will there­fore limit how much carbon emis­sions can be reduced, a reduc­tion of more then 5% of 2000 levels by 2020 will be made impossible.

At the same time, key busi­ness groups, includ­ing the Australian Industry Group and the Australian Chamber of Commerce and Industry, claim that the CPRS will see their com­pet­it­ive­ness demise in the global market, exacer­bated by the global fin­an­cial crisis. Even Professor Garnaut has stated that Australia requires some ‘breath­ing space’ given the effect of the global fin­an­cial crisis, despite the con­sid­er­able lengths the Rudd Government has gone to balance envir­on­mental and eco­nomic considerations.

The CPRS is neces­sary for Australian industry and busi­nesses on a number of fronts;

  1. It provides long-term eco­nomic secur­ity by apply­ing a carbon trading scheme before any of the pre­dicted drastic changes to the environment;
  2. The busi­ness sector obtains a com­pet­it­ive advant­age to what will ulti­mately become a global dis­course through a longer trans­ition to new conduit; and
  3. Most import­antly, it will protect so much of the Australian economy that relies on current climate conditions.

But the exclu­sion of vol­un­tary house­hold reduc­tions paired with such dismal emis­sion reduc­tion targets does not justify the initial fin­an­cial burden to Australians, espe­cially when the envir­on­mental bene­fits are limited at best. There is no sense in hinder­ing Australian indus­tries with a CPRS if the scheme doesn’t have the scope to combat con­tin­ued climate change.

The Rudd Government has to commit to more ambi­tious reduc­tion targets, on the scale of the EU’s 20 – 30% below 1990 levels, or intro­duce vol­un­tary reduc­tions so the trans­ition to a carbon neutral society can be real­ised by Australians sooner, rather than later.

In trying to tackle the problem of climate change without dis­rupt­ing the Australian economy, the Rudd Government has tried to have its cake and eat it too and it has found itself rather bloated and unsat­is­fied — tack­ling climate change without actu­ally com­mit­ting to the reduc­tions that will make a dif­fer­ence. It has made too many con­ces­sions to Australia’s heavy pol­luters so as to under­mine the entire scheme and the jus­ti­fic­a­tion for fin­an­cially hinder­ing the public with it.

The Rudd Government should con­sider a delay of the CPRS in light of the Global Financial Crisis, if it would mean that in a more secure eco­nomic climate more effect­ive and ambi­tious reduc­tion aims could be com­mit­ted to.

While it may be hot under the collar now, the Rudd Government must refine its climate change policy to prevent the long term heat­wave per­sist­ing beyond the cham­bers of Parliament House.

Georgette Scanlon, 20, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non-partisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 04:03 pm Written by Left Right Think-Tank

The Foreign Affairs of Youth

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The con­sequences of foreign policies have sig­ni­fic­ant implic­a­tions for Australian youths, even though they may not be as evident, or garner as much pub­li­city, as those per­tain­ing to alcohol or school funding.

While critics may raise ques­tions about why young people should be involved in foreign policy, there are two main reasons why society in general, and policy makers in par­tic­u­lar, should embrace and encour­age young Australians’ ideas on the inter­na­tional system. Firstly, young people are not immune to the impact of foreign affairs and should be able to voice their opin­ions accordingly.

Secondly, young people are in a unique pos­i­tion to under­stand the world and have much to offer those who are willing to listen.

According to the Department of Immigration and Citizenship, more than 20,000 young Australians travel over­seas each year to work, study, volun­teer and holiday. Government policies in the form of (although not limited to) bilat­eral rela­tion­ships, mul­ti­lat­eral agree­ments and sanc­tions, can there­fore restrict people’s travel itin­er­ar­ies and, in some cases, actu­ally jeop­ard­ise their safety abroad. Two more spe­cific, and yet con­trast­ing, examples of inter­na­tional rela­tions affect­ing the lives of young Australians include the decision to deploy armed forces to Afghanistan in 2001 and the pos­sible pro­scrip­tion of the Liberation Tigers of Tamil Eelam (Tamil Tigers) in 2008. Whereas the former had, and con­tin­ues to have, the poten­tial to dir­ectly endanger the lives of young people in the mil­it­ary, the latter indir­ectly threatens Australian Tamils’ efforts to remain con­nec­ted with the place of their ancestry.

Despite such severe rami­fic­a­tions, there are very few forums readily access­ible to young people for the mean­ing­ful dis­cus­sion of foreign and stra­tegic affairs. The mediums which do exist tend to be either quite restrict­ive in terms of who can par­ti­cip­ate, or deal primar­ily with those areas of public policy tra­di­tion­ally asso­ci­ated with young people. As a result, seni­or­ity dom­in­ates inter­na­tional rela­tions and young Australians are often excluded from decision making pro­cesses which affect their lives. This is espe­cially the case for those under the age of 18, who are denied a voice at the ballot box as well. In order to chal­lenge the bur­eau­cratic olig­archy and fulfil one of the key tenets of liberal demo­cra­cies, a plat­form from which young Australians can easily and effect­ively com­mu­nic­ate their own interests to legis­lat­ors on a full range of policy issues is needed.

However, young people are much more than just passive beings acted upon by policy makers. They are active agents of change, capable of gen­er­at­ing their own innov­at­ive visions of foreign and stra­tegic affairs. Today’s young Australians are coming of age in rad­ic­ally dif­fer­ent times to those of their parents, and as a con­sequence, they have been shaped by con­flict­ing moods and events.

This upbring­ing, as the chil­dren of glob­al­isa­tion and the inform­a­tion age, has con­trib­uted to a much more fluid view of, and rela­tion­ship with, the rest of the world. Hence, young people in this country are able to con­ceive of global actors, and their asso­ci­ations with one another, in dra­mat­ic­ally dif­fer­ent ways to tra­di­tional decision makers.

In the current climate of inter­na­tional uncer­tainty, this new school of thought needs to be more fully employed. For, while certain lobby groups and non gov­ern­ment organ­isa­tions have already drawn upon the ideas and enthu­si­asm of young Australians, their agendas are usually quite spe­cific, leaving the major­ity of the foreign and stra­tegic policy spec­trum without effect­ive youth par­ti­cip­a­tion. Not only does this omis­sion prevent dif­fer­ent notions of strategy from enter­ing the current policy cycle, thereby hinder­ing attempts to address both old and new dilem­mas, it also has the poten­tial to impede polit­ical growth. As the people most affected by long term national devel­op­ment, it seems logical that if young Australians are not involved in the for­mu­la­tion of these policies now, their future imple­ment­a­tion and success may be compromised.

It is need­less to say that young people are not the sole bene­fi­ciar­ies of foreign and stra­tegic policy in Australia, nor are they capable of solving every conun­drum churned out by the post Cold War world.

However, neither does any other gen­er­a­tion (or gender or race for that matter) posses a mono­poly of ideas or exper­i­ence. As a corol­lary of this, Australia must con­tinu­ally seek new per­spect­ives and thoughts on foreign policy if it is to remain rel­ev­ant on the world stage in the years to come. Young people, for all their ostens­ible ‘Gen. Y’ related flaws, should be integ­ral to this process, as they rep­res­ent an inter­est­ing, invent­ive and frankly over­looked site of knowledge.

Kate Alexander, 22, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non-partisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 04:00 pm Written by Left Right Think-Tank

Pipedream

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An epic monu­ment to the triumph of pop­u­list polit­ics, the con­tro­ver­sial North-South Pipeline project has become a telling symbol of a gov­ern­ment well and truly out of its depth.

Water secur­ity will be one of the defin­ing issues of this century yet on the world’s driest, inhab­ited con­tin­ent, a State Government is attempt­ing to secure the water supply of a major capital city by char­ging head­long up the pro­ver­bial creek. The fact that there are no paddles and the canoe has a hole has seem­ingly failed to daunt the Brumby Government. Indeed, in a blatant display of double stand­ards, the gov­ern­ment has clearly decided that the ‘Our Water/Our Future’ plan was a mis­print and the only future worthy of concern is that of the three and a half million voters who live in Melbourne.

By build­ing a 75km pipeline linking the Goulburn River to a Melbourne reser­voir, the gov­ern­ment hopes to secure both Melbourne’s imme­di­ate water supply and its own re-election. The Goulburn is a trib­u­tary of the Murray River, and the 750 million dollar scheme is depend­ent on an upgrade of irrig­a­tion infra­struc­ture in the Murray-Darling Irrigation District, which will ini­tially allow annual water savings of up to 225 giga­litres. Two thirds of this amount will be shared between increas­ingly des­per­ate irrig­at­ors and a suf­fer­ing envir­on­ment. The remain­ing 75 billion litres will be used to keep the lawns of Melbourne green.

The gov­ern­ment is des­per­ate to acquire the water savings as a polit­ical quick fix to tem­por­ar­ily alle­vi­ate Melbourne’s inev­it­able water crisis. The issue is that the pre­cious savings, ear­marked as a hasty elect­oral band-aid for Melbourne voters, are des­per­ately needed by irrig­at­ors and the river itself. A 750 million dollar slap in the face for rural Victoria, the pipeline fiasco has shown only that the increas­ingly pan­icked gov­ern­ment is willing to ignore farmers and sac­ri­fice an Australian icon to gain city votes. The Dutch tell of a young boy who saved the nation from flood­ing by stem­ming a leaking dyke with his finger. The government’s hastily con­cocted water secur­ity plan is rapidly spring­ing leaks and our politi­cians are fast running out of fingers.

The Murray is in crisis. Drought for the past seven years has res­ul­ted in record low inflows and the entire Murray Darling system is oper­at­ing at roughly 23% of capa­city. According to the Murray Darling Basin Commission late last year, inflows have been below average for the past thirty seven con­sec­ut­ive months and the lower lakes and Coorong are in a crit­ical con­di­tion. The Murray Goulburn system also sup­ports 14,000 strug­gling irrig­at­ors, who con­trib­ute 1.5 billion dollars a year to the economy. The sea­sonal water alloc­a­tions for Goulburn Murray Water cus­tom­ers stand at 28% for the Goulburn and 33% for the Murray. Irrigators in the Broken, Campaspe, Loddon and Bullarook Creek systems will receive no water at all.

Yet, incred­ibly, it has been decided that the needs of Melbourne take pre­ced­ence over irrig­at­ors who have been denied their water alloc­a­tion, and a river described as suf­fer­ing the worst drought ‘on record’.

In the face of such stat­ist­ics, even the Australian Senate have real­ised that the scheme is an act of lunacy. There is simply not enough water in the Murray Goulburn system to justify a pipeline to a thirsty city. What is more, due to climate change, there may never again be a surplus of water in our river systems. A CSIRO report has fore­cast a reduc­tion in rain­fall of up to 30% this century and a notable decline in rain­fall across south-eastern Australia has already occurred since 1950. The State Government’s own estim­ates fore­cast a future, climate change induced reduc­tion in inflows and catch­ments of up to 64%.

The Murray Darling Basin has been in drought for almost a decade. The future of thou­sands of rural Victorians lit­er­ally depends on con­tin­ued flows and, in years to come, climate change will further tax a river system that is already in a parlous con­di­tion. What pos­sible jus­ti­fic­a­tion can there be for exacer­bat­ing this already dire situ­ation by piping water to a greedy city? Melbourne does not need a pipeline built to steal water from a dying river but, rather, solu­tions that are viable, sus­tain­able and inten­ded as more than blatant vote grabbing. Pipedreams that ignore the real­it­ies of a water system in crisis should not be the proven­ance of those who a have a duty to create a respons­ible plan for Victoria’s future. The pipeline is far from a harm­less knee-jerk reac­tion. It will damage not only the river, but also irrig­at­ors who have already sur­vived decades of hard­ship. This time, the blow may be fatal.

Alexander Coward, 19, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non-partisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 03:55 pm Written by Left Right Think-Tank

No Child Left Behind

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Today, many young Australians are more com­fort­able in front of a com­puter than in front of a person.

Shocking, but true. In fact, most of our social­ising is now done over the inter­net. The unpre­ced­en­ted and met­eoric rise in the pop­ular­ity of social net­work­ing sites has unveiled just how much the web has become a part of every­day life. It’s not just the tra­di­tional com­puter though: mobile phones have now seam­lessly inter­woven into the ether as well. Not to mention that in the USA people are even able to down­load entire books (hun­dreds of thou­sands of them even) to ‘e-readers’, the most popular being the Kindle. Our lives are quickly becom­ing digit­ally depend­ent, if they aren’t already, and nobody wants to be left behind.

Australians frus­trated at rel­at­ively slow inter­net speeds can now breathe slightly easier. Telstra, Australia’s largest Internet Service Provider, recently announced a $300 million upgrade to their cable inter­net network. The first city to be awarded this sig­ni­fic­ant prize will be Melbourne. The infra­struc­ture enhance­ment may increase broad­band speeds by up to three times and will pur­portedly reach almost one million Melbourne homes. Relief! Well, partly. Nothing has been said about rural areas, let alone how much it is going to cost to outfit all Australian capital cities. Sol Trujillo, Telstra’s out­go­ing CEO said, ‘Now we are going to the next level: super-fast broad­band with down­load speeds among the highest in the world.’ People in Australia will now be able to do everything they could do, and more, much quicker. Of course, the primary reac­tion is one of delight. But many will wonder if this is neces­sar­ily a good thing for young Australians. Facebook pages load almost instant­an­eously, and delays in stream­ing audio and video gen­er­ally are not too bad. The well known argu­ments will surface once more: obesity is a growing concern; Parents are getting con­tinu­ally more anxious about their child’s activ­it­ies on the inter­net; Young people don’t social­ise enough these days. Those issues are valid and indeed con­cern­ing. To be frank, the ser­vices we rely upon and need the most: e-mail, social net­work­ing, audio and video stream­ing are all per­form­ing adequately enough to meet our current needs. Video-conferencing may be lagging, but that shouldn’t be much of a concern for most young people!

In the long run, the bene­fits of faster inter­net speeds to Australian society far out­weigh the per­ceived draw­backs. It is true that many young people don’t exer­cise enough to burn off the energy they take from food — hence the obesity epi­demic. But having a faster inter­net con­nec­tion will not mean chil­dren will exer­cise any less. It’s illo­gical to suggest that as a process becomes faster and more effi­cient, that more time will be devoted to that process. As a society, Australia should be embra­cing the Web as a tool to help fight these threat­en­ing and crucial issues, not seeing it as the cause of the prob­lems. Moreover, the impact to youth is but one small aspect of this news.

Businesses will benefit immensely. News web­sites in par­tic­u­lar will be able to increase online video footage, as will tele­vi­sion chan­nels. Documents that were just too large for an e-mail client to effi­ciently handle will be able to be sent digit­ally. The list is a long one.

Aside from these argu­ments, this move by Telstra is in direct com­pet­i­tion with the Rudd Government’s National Broadband Network, cur­rently in the process of con­sid­er­ing tender offers.

Trujillo says, “If per chance the gov­ern­ment wants to have a con­ver­sa­tion with Telstra about deploy­ment then we’d be willing to have that con­ver­sa­tion.” This is a direct chal­lenge to the Government — a chal­lenge to see what the com­pet­it­ive private sector has to offer in terms of a national broad­band trans­form­a­tion. It is def­in­itely an enti­cing pro­pos­i­tion and one which demands the Government’s full attention.

Australian society is already taking big steps forward in the way it uses and per­ceives the internet.

Given that it is so readily avail­able on mobile phones, the Web really is every­where. According to Telstra, “Next G [Telstra’s new mobile network] covers 99 per cent of the pop­u­la­tion.” This all­p­er­vas­ive pres­ence is impossible to avoid, and so it is only right to welcome and encour­age its devel­op­ment and improve­ment. Indeed, it is often a society’s level of tech­no­logy that defines it as either modern, or not. Why should we let Australia fall behind? Issues such as obesity and the pro­tec­tion of chil­dren on the inter­net remain at the fore­front of our minds; however, if we impede the inev­it­able march of tech­no­logy, we suf­foc­ate Australia’s future growth and its stand­ing on the world stage.

Tim Udorovic, 19, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non­par­tisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 03:51 pm Written by Left Right Think-Tank

Lost In Thought

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We now know more about ourselves and our world than ever before, but it is in this climate of know­ledge and pro­gress that we see today’s youth falter.

Over the past few decades, tech­no­lo­gical advance­ments and improve­ments in the general eco­nomic envir­on­ment have lead to a better quality of life for most Australians. Modernity has lead to advance­ments in a wide variety of areas, as indus­tries grow, research­ers research and build­ers build.

The fact is that today more and more young Australians are finding them­selves victim to mental illness.

Depression, anxiety and eating dis­orders are affect­ing more of our youth than at any other time in our history. Today, between 14 and 18 per cent of Australians between the ages of 4 and 18 are exper­i­en­cing mental health prob­lems of clin­ical sig­ni­fic­ance, while accord­ing to the 1997 ABS National Survey of Mental Health and Wellbeing, rates of mental dis­order peak at age 18 to 24 years, with more than one in every four young adults having one or more mental dis­orders. These figures, however shock­ing, revert back to the idea that despite all the bene­fits of mod­ern­ity come the starkly neg­at­ive side effects. The youth of this country are turning inwards, towards cliques and online net­work­ing, away from tra­di­tional family and com­munity support groups. By doing so they are increas­ingly isol­at­ing them­selves from loved ones as well as the help they need in dealing with and pre­vent­ing the occur­rence of mental health problems.

Furthermore, industry pro­fes­sion­als are finding that young people are at times reluct­ant to seek the help offered. They cite the fact that today’s youth are very dis­cern­ing about when, and from whom they seek assist­ance. Concomitant with this idea is the fact that many young people are afraid of the stigma often asso­ci­ated with making use of mental health ser­vices and the phys­ical attend­ance of a mental health clinic. These real­it­ies have let this matter snow­ball to a point of ‘crisis,’ one which our gov­ern­ment and our society must solve together.

It seems that despite an increase in the general socio-economic stand­ing of every­day Australians over the past few decades, mental health prob­lems have become increas­ingly common. Therefore, we as a society need to appre­ci­ate that the solu­tions we admin­is­ter need to tackle the root cause rather than the end outcome of such con­di­tions. The prob­lems in the system are obvious, in terms of funding and resources; a Senate inquiry into this matter found that patients in Victoria for example, under the age of 16 can only seek mental health ser­vices between the hours of 9am to 5pm, while patients 16 years and over can receive 24 hour care. The overall issue takes its roots else­where in other areas of society. Therefore, Government action should not merely tackle the lack of mech­an­isms in place to combat the mental health issues them­selves, they should tackle the causes of our youth’s prob­lems. It is widely accep­ted that social dis­ad­vant­age, as well as viol­ence and familial instabil­ity in child­hood reduces an individual’s like­li­hood of enjoy­ing both good mental and phys­ical health later in life. The gov­ern­ment needs to acknow­ledge the pivotal role that wider eco­nomic and social meas­ures can play in redu­cing both the incid­ence and the impact of mental health problems.

We require a well func­tion­ing mental health system, one which truly cares for younger Australians. To do this, ser­vices must be youth centred and family focussed. In addi­tion they must be com­munity based while main­tain­ing cul­tural sens­it­iv­ity. State and Federal Governments need to appre­ci­ate the diversity of needs required by those seeking care. They need to provide the infra­struc­ture and the funding required to ensure access to a mélange of ser­vices which best suit patients’ indi­vidual needs includ­ing clinics, and res­id­en­tial centres adapted to dealing with these issues. Early inter­ven­tion is para­mount Closer to home, our Governments must seek to involve both parents and teach­ers on a home and school based level. These two groups must be pro­act­ive and appre­ci­ate that this exigent issue exists in Australian society today. Legal guard­i­ans and teach­ers have a respons­ib­il­ity to act upon any mis­giv­ings they may have regard­ing their son, daugh­ter or pupil’s mental health; they have a duty of care to those under their supervision.

It is about provid­ing care and support to the younger members of society who suffer from these mental issues. It is about provid­ing atten­tion tailored to their indi­vidual needs. The issue is too great and the rami­fic­a­tions too dire. The future of our country is at stake, literally.

Stefan Dimou, 19, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non-partisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 03:17 pm Written by Left Right Think-Tank

Filling The Gap

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Late last year, the Federal Government announced a nation­wide con­sulta­tion to estab­lish how Australians want their human rights pro­tec­ted. At first, this seems strange — we don’t think of Australia as a country where human rights are under threat.

Australia is cur­rently the only liberal demo­cratic country in the world without any formal national pro­tec­tion of human rights. Contrary to popular belief, there is actu­ally little legal pro­tec­tion of the human rights most of us take for granted.

To take just one example: few would deny that we should have a right to freedom of speech. Indeed, freedom of speech is some­thing most of us already enjoy. Yet the closest thing Australia has to a right of free speech is a narrow ‘right of polit­ical com­mu­nic­a­tion’ implied into the constitution.

Unless your speech fits into this tiny cat­egory, it remains almost entirely unpro­tec­ted. In prac­tice, of course, gross abuses of human rights in Australia are thank­fully rare. Nevertheless,
recent years have seen a wor­ry­ing trend towards reduced respect for human rights. There have been high-profile cases: think Mohammed Haneef, Cornelia Rau and Vivian Alvarez-Solon. The High Court has held that indef­in­ite and even inhu­mane deten­tion can be legal under Australian law. Australia has some of the most dra­conian anti-terrorism legis­la­tion in the world, with pro­vi­sions revers­ing the onus of proof and lim­it­ing access to a lawyer. Now, the Federal Government has com­mit­ted to intro­du­cing a system that would enable it to censor the inter­net. This sounds like the régime of a repress­ive dic­tat­or­ship, not the country we know and love.

To make matters worse, these are only the issues that hit the head­lines. Every day, vul­ner­able people around the country suffer indig­nity and dis­em­power­ment in silence.

Clearly, some form of stronger pro­tec­tion is neces­sary. However, this does not mean fol­low­ing the path of the United States by intro­du­cing a con­sti­tu­tion­ally entrenched bill of rights. Instead, we should follow a more mod­er­ate approach — such as that taken in Victoria and the United Kingdom — through the Federal Parliament enact­ing a Human Rights Act.

Protecting human rights via an ordin­ary act of par­lia­ment, rather than a con­sti­tu­tional amend­ment, would allow for greater flex­ib­il­ity. Parliament could amend the Act from time to time in line with com­munity sen­ti­ment. This would reduce the like­li­hood of getting stuck with ana­chron­istic rights in the future, and would enable a wide range of gov­ern­ment responses to extraordin­ary situations.

Because par­lia­ment rather than the judi­ciary would have the final say, there would be no risk of the ‘judi­cial act­iv­ism’ so often feared by oppon­ents of human rights pro­tec­tion. Judges would be able to high­light where legis­la­tion was incon­sist­ent with human rights, apply­ing pres­sure to the gov­ern­ment of the day, but would not have the power to strike down demo­crat­ic­ally made law.

The rights them­selves — the content of the Act — could be drawn from the inter­na­tional instru­ments Australia is already a party to. Indeed, it seems aston­ish­ing that Australian law is cur­rently at odds with the Universal Declaration of Human Rights and other con­ven­tions. A Human Rights Act would merely be giving effect to Australia’s long­stand­ing inter­na­tional commitments.

Yet perhaps most import­antly, it would rep­res­ent a shift in polit­ics and gov­ern­ment as well as the law. Concern for basic rights would become part of every stage of the polit­ical process — from the draft­ing of legis­la­tion to its imple­ment­a­tion. This would elim­in­ate most of the situ­ations where inno­cent people could find their rights infringed, and provide a remedy in the few situ­ations where such infringe­ments still occurred. Contrary to some expect­a­tions, exper­i­ence has shown that this model of human rights pro­tec­tion does not spark a sig­ni­fic­ant increase in litigation.

In short, a national Human Rights Act would strike a balance between pro­tect­ing our human rights and pre­serving our demo­cratic pro­cesses. It would provide pro­tec­tion to every­one — the vul­ner­able, ordin­ary and power­ful alike. Ultimately, it would do little more than pre­serve the rights most of us already take for granted.

Respect for human rights is not a radical idea, and a Human Rights Act is not a radical pro­posal. Rather, it is a sens­ible solu­tion to a glaring gap in Australian law. It’s time that gap was filled.

Tim Farhall, 22, is a Policy Officer at Left Right Think-Tank, Australia’s first inde­pend­ent and non­par­tisan think-tank of young minds.

Posted Tuesday, March 24th, 2009 02:08 pm Written by Left Right Think-Tank