Conspiring to overturn basic constitutional rightsWanda Fish calls on constitutional and civil libertarian lawyers to mount a case against Federal and State Governments for conspiring to overturn basic constitutional rights with the Anti-Terrorism Bill 2005.
These proposed laws break internationally recognised treaties on human rights, overturn the fundamental principle of presumption of innocence, and seriously threaten free speech and protest.
Open Submission to the Senate Legal and Constitutional Committee
From an alarmed and alert journalist
Subject: Anti-Terrorism Bill 2005,
(1) Schedule 7, Sedition
(2) Constitutionality and State Legislation
I respectfully request the Senate Committee to consider my submission and include this submission in the Government record, as per my constitutional rights as an Australian citizen.
The duty of the Australian Government to safeguard the freedom and safety of Australian citizens is seriously compromised by this Bill, that has been described publicly as 'draconian' by State Premiers, members of the Government's party, legal experts, and journalists such as myself. Overall, the Bill removes basic democratic rights that the Government claims to protect in the 'war on terror'.
The Anti-Terrorism Bill in its current form directly contravenes several articles in the United National 'Universal Declaration of Human Rights', (Universal Declaration of Human Rights) specifically articles 7, 9, 10, 11, 12, 13, 18, and 19. Should the Senate pass the Bill in its current form, Australia will be breaking its signed convention to these universally recognised international laws. In summary, the Terror Laws remove the following human rights: the right to be judged under the law as anyone else, the right to proper arrest and charge, the right to a lawyer, the right to a fair and public hearing, the right to be presumed innocent until proven guilty, the right to privacy, to right to move about freely in our country, the right to express anti-war views without fear of punishment or censure, and the right to mobilise support for protecting these rights.
While I am opposed to all major sections of the Bill that bypasses our judicial system and reverts the important democratic principle of 'presumption of innocence', I draw your attention to two specific issues of major concern:
(1) the expansion of sedition offences and
(2) the dubious constitutionality of using State based legislation and emergency services to over-ride important protections in the federal Constitution.
I am a peace activist who has publicly opposed the war and supported the plight of Iraqis who have suffered under the American-led invastion and occupation of their country. According to the proposed laws of sedition, I could be charged with 'supporting the enemy', even though Australia never officially declared war on Iraq or Afghanistan, but instead joined the Bush administration in a declaration of war on a subjective noun, terrorism. The impact and potential effect of the sedition laws will be to curtail investigative journalism that exposes the corruption and economic motivation of an ill-defined 'war' with invisible 'enemies'.
I am also an active volunteer with Amnesty International and note that even within the Bill's exception referring to humanitarian work, you still place the evidentiary burden on the defendant. This is a travesty of the basic principle of presuming innocence in a fair democracy, and places undue pressure on all volunteers and workers for humanitarian rights and equality.
The Bill also directly contradicts the Government's report 'Australia's National Framework for Human Rights: National Action Plan', published only a few months ago with a foreword by Prime Minister John Howard in which he claimed, 'Australia has a good human rights record. We enjoy a strong democratic tradition, a transparent and independent judicial system and a free press.' I submit that the Anti-Terrorism Bill 2005 overturns those rights. I will also be submitting a formal complain to the United Nations, and pointing out that the Australian Government is currently passing legislation that directly contravenes several treaties.
In the course of my research and consultation with legal experts about this Bill, I have read several notable legal opinions that claim the Bill in its current form is unconstitutional. The Prime Minister admitted this when he said publicly following the COAG conference that he required four of the Premiers to support the Bill and agree to pass state legislation so that certain aspects of the Bill could be enforced by State emergency services. The Prime Minister of Australia has a duty to uphold and safeguard the Australian constitution.
I submit that the Prime Minister, the Government Ministry, the Opposition Leader, and the State Premiers who support the laws are by their actions in supporting this Bill conspiring to overthrow the Constitution of the Commonwalth of Australia, and should therefore be charged with sedition under the new laws.
As a concerned citizen who respects and obeys the Consitutional laws and our judiciary system, I pledge to protect and uphold my democratic rights. I therefore in good conscience will not honor or obey laws that I believe overturn basic democratic rights, agreed international human rights, and the freedom to speak out and mobilise action against a Government that is conspiring to remove those rights.
Thank you for the opportunity to make this submission, and be assured that I am not alone in these views or in my determination to uphold democracy.
Wanda Fish
Reference:
Anti-Terrorism Bill 2005, Schedule 7, Sedition,
Urging a person to assist those engaged in armed hostilities 15
(8) A person commits an offence if (a) the person urges another person to engage in conduct; and 1
(b) the first-mentioned person intends the conduct to assist, by any means whatever, an organisation or country; and (c) the organisation or country is engaged in armed hostilities 20
against the Australian Defence Force.
Penalty: Imprisonment for 7 years.
Defence
(9) Subsections (7) and (8) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.
Note 1: A defendant bears an evidential burden in relation to the matter in 27 subsection (9).
Clever Fish
By Wanda Fish 8 November 05
Related:
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ASIO settle wrongful detention case out of court
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Open Letter to Australian Senate
Every West Australian needs to take note of the proposed terror legislation that will be debated in the Senate next Tuesday. Our own Premier has sold us out, and the time has come for some serious and organised protest in WA to protect our democracy and civil liberties. Write to the Senate, to the papers, and to every political party. This is a fundamental issue that affects the future of our society.
$145,000 for false arrest in NSW
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Australian Prime Meanster 'tells' States?
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Anti-Terrorism Bill details draconian police-state plans
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How's this for sedition?
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Sydney Morning Herald Poll flawed
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Secret agents brief Bracks on 'seditious' protest
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Shoot-to-kill bluff
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Sedition Laws Target Peaceful Civil Disobedience
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Stanhope flags doubts on 'hasty' terrorism bill
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Despoja: Stanhope hero of the hour
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Stanhope stands his ground
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Anti-terrorism laws inquiry 'too short'
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Australia: Draconian laws draw rights watchdog's ire
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Dissent Isn't Taken Lightly Down Under
Historian Michael Foley said during times of war pacifists often get mugged. As a nonviolent activist working to end the war in Iraq and the corporate war profiteering that comes with it, September 2005 has been the most surreal time of my life and I definitely feel like I got mugged by Australian Attorney General Phillip Ruddock and the Australian government.
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Anti-terrorism laws put rights at risk: Fraser
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Stop the war on civil liberties!
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Spots and Stripes
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They know where you live
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When Terrorism Outlaws Democracy
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Evans: moderate threat
Evans doubts reports that 800 potential terrorists are living in Australia.
No! Your Rights Australia
You have the right to not remain silent.
800 people deemed a potential security risk?
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Democrat Will Oppose Anti-Terrorism Laws
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Mein Kampf by John Howard
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Collection of Terrorists Meet to Take Away Our Rights
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Australian government unveils legal framework for police state
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Australia: Counter-liberty plans unveiled
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John H.o.W.A.R.d line roars at Fascism Week
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Parkin charged $11,700 for detention and removal
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Government out of control on security: Wilkie
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Australia, USA, Iraq: Scott Parkin
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Peace Activist Agrees to be removed but challenges security review
ATTENTION: CHIEFS OF STAFF - IMMIGRATION REPORTERS - LEGAL REPORTERS
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Anti-War Extremists Loyal to Scott
What can I say to someone like Scott Parkin? Sorry mate, to get a PEACE prize in this country you need to be drop dead sexy, go-tees are out - you gotta go. Peace Prize.
US Peace Activist to be Deported
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Howard government threatens academic freedom
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'Different times' call for bill of rights, says QC'
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Australia: a little dab will do ya .....
Reflections on the phoney, hypocritical "values" debate being promoted by the federal government, as part of its proscriptive program to emasculate our democracy.
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Fishing expedition pays off
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The Terrorism of ASIO Laws
Wanda Fish asks Australian Senators to reject Howard's proposal to strengthen laws that already erode our basic legal rights. This legislation has the potential to turn ASIO agents into terrorists who can kidnap and detain innocent Australians simply because they "might know something".
Terrorgraph not quiet on 'Aussie militant' probe
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Phillip Duddock's 'accent' heard in militant broadcast
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HICKS: Not a Happy Birthday!
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GetUp! Stand Up! Stand Up For Your Rights!
Because of you, something exciting happened in our democracy last week. From every corner of the country, more than 20,000 emails were sent to the Coalition Senators. Our message was simple: now you have control of the Senate, we will be holding you to account. Thousands of you added personal messages to your representatives about the issues you care about.
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All the alleged terrorists are Muslims
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It's just not cricket: Khan
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Lawyer dismisses ASIO fishing raids as PR stunt
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Is this our most dangerous Newspaper?
The Daily Terrorist should be managed with manacles and flown into Siberia via a jumbo jet tomorrow amid fears government fascists may attempt to use them again on someone else.
HOSTAGES OF THE WAR ON TERROR
This forum will bring together legal representatives and victims of counter-terror, along with justice campaigners and organisations in order to share strategies for achieving justice for these men and the many other like them.
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Murdoch's war on truth in war reporting
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Chomsky signs on for justice
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If he'd been given his passport he'd be a free man
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Trial by unrelated video clips
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Accused Australian Citizen 'denied passport in 2002'?
AN AUSTRALIAN CITIZEN who was refused a passport by DFAT in mid-2002 became frustrated at the government for treating him differently.
Court should be told Gov't using 'Jack'!
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Noble Cause Torture?
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New account adds weight to interrogation claims
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Australian senate accused govt of war crimes
Did you hear the one about David Hicks and Mamdouh Habib having a Barbeque in Afghanistan with Bin Laden? Yeah it was reported on Channel Seven's Sunrise this morning! But they don't know if it was a sheep or a goat, but sources say it was most likely a goat.
DPP to appeal innocent man's bail
The Commonwealth Director of Public Prosecutions (DPP) will seek to have an innocent Melbourne man Joseph 'Jack' Thomas, returned to isolation in custody?
Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.
Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?
Lawyer blames police for Habib break-in
John HoWARd, Alexander Downer, Phillip Ruddock, Robert Hill, to name just a few....HOW DO YOU PLEAD?
No reason for Habib to sell story: Beazley?
Federal Agreement Leader Kim Beazley is a well-paid loser. A loser who supposed to be defending our democratic rights by standing up to the HoWARd Government's fascism.
Australia: a presumption of guilt......
KAREN PERCY: Two of Australia's leading barristers have seized on the return of Guantanamo Bay detainee, Mamdouh Habib, to launch an unprecedented attack on the Federal Attorney General, Philip Ruddock.
Aust Community criticises Govt for 'crimes'!
Australia: The Law Council of Australia is warning that the Federal Government must learn from its mistakes over Guantanamo Bay? Now that's a mistake!
Australian Govt Guilty of Crimes: Community
Australia: The community says federal fascists who allowed the torture of its citizenry including Mamdouh Habib may be arrested when the United Nations War Crimes Tribunal address the War Crimes Indictment set out by the community.
What they did to Habib
Mamdouh Habib was the victim of atrocities fit for a concentration camp, including being tied to the ground while a prostitute menstruated on him, his lawyer said yesterday.
Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?
Innocent Victorian man held in custody for Xmas?!
Lawyers have argued the case against Mr Thomas was weak and based on a statement he made in Pakistan without a lawyer present and therefore unlawful.
Innocent Melbourne man makes second bail bid
Rubish, just plain propaganda, fear-mongering, draconian nonsence from the HoWARd goverment's war agenda stink tank.
MPs to review spy agency powers
Australian spy agency ASIO'S controversial powers to detain and question suspected terrorists [scapegoats for HoWARd's resource wars] will be re-examined by a parliamentary committee. Parliament passed the new counter-terrorism powers in July last year.
Goulburn Jail breaches UN standards
NSW: Greens MP Lee Rhiannon has called on Justice Minister John Hatzistergos to bring Goulburn Jail's Maximum Security Wing into line with United Nations standards, after a prison inmate's covert survey of his fellow inmates revealed problems with rehabilitation programs and basic amenities.
Lodhi toilet paper: crap!
He is facing nine charges and is accused of planning a major terrorist attack on Sydney defence sites and the electricity grid using downloads off the internet and having 100 rolls of toilet paper to wipe his arse after low level bombs and farts.
Community seeks more power to interrogate ASIO suspects
Greens Senator Bob Brown does not think increased police powers are necessary. "We have enormous powers for surveillance, apprehension or punishment of people who are engaged in or intending to engage in or thinking about being engaged in terrorist acts in this country," he said.
Greens warn of 'politicised' terror trials
AUSTRALIA/CUBA?: The Australian Greens say they are concerned that new anti-terrorism laws being debated in the Senate allow for the "political black-banning" of defence lawyers at terrorism trials.
Melbourne man charged over ASIO links
ASIO a know Australian terrorist organization is verballing the community again...about allegations that a man, while living overseas, received funds from Al Qaeda and had close association with the members of the terrorist group.
DING DONG! THE WITCH IS DEAD
A court has been told Joseph Thomas is a sleeper? ZZZ! Melbourne Australia: A court has been told that Osama bin Laden asked a Melbourne man to become a "sleeper" in Australia before undertaking activities for the Al Qaeda network? Munchkins: "Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch! Ding Dong! The Wicked Witch is dead."
AFP: The unlikely CRIMINAL
It was born of a bombing and it made its name after a far more devastating act of terrorism. But for most of the 25 years in between, little was known about the Australian Federal Police force or the work it did.
Australian Federal Government complicity in war crimes
Complaint to Australian law officers about Australian Federal Government complicity in war crimes.
There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.
Howard rejects spy agency overhaul
Prime Minister John Howard has played down the need for a major overhaul of Australia's spy agencies as a result of an inquiry by former intelligence officer Phillip Flood.
Mamdouh Habib: Taunted and Tortured!
Four Corners [Walls]: Terrorist - or Taunted by the Australian Defence Force who sacked him as a cleaning contractor? Who is Mamdouh Habib? And why was he harassed by the Australian Federal Police? Then tagged and labelled as a spy? Why was he vilified by the community? When he fled to Pakistan how did he end up being tortured in Egypt? And how did he end up at Guantanamo prison camp reserved for the men America calls "the worst of the worst.
He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....
Up there Khasali: Innocent man new bail laws
The New South Wales Supreme Court has asked innocent man Bilal Khazal to increase to amount of surety offered, before the bail is formally continued.
HEY! BIG BROTHER? LET INNOCENT PEOPLE GO!
Young men terrorised, tortured, and threatened with charges for no crime by Australia mate the lucky country. Lucky if you're not used for Howard's FEDERAL ELECTION and George Dubya's WAR ON LIBERTY! Who shot liberty? IGNORANCE!
Ul-Haque 'the man who wants to become a doctor'
The taskforce is investigating French man Willie Brigitte, who was tipped back home for a visa breach. Allegedly the Un-Australian Newspaper claimed he also attended training camps before his six-month stay in Sydney. Police have not alleged Mr Ul-Haque knew Brigitte. The Un-Australian just mentioned it because they are 'you guessed it' up John Howard's butt and they like the USA want 'you guessed it' our Federal Government. Well Yankee go home!
Brain injury for suspicion 'inhumane'
Faheem Khalid Lodhi refused bail by a Sydney court and remanded until June in hell at the (HARM-U) High Risk Management Unit at Goulburn. While he is in there he will receive a brain injury and is likely to self-harm due to the gross violation of living standards.
Keelty foresees more terrorism
Australian Federal Police (AFP) Commissioner Mick Keelty says terrorist groups will continue to find new ways to threaten countries.
Daily Terror rolled-over for Howard's war games
The DAILY TERROR is suspected of being the source of the news this morning that Willie Brigitte is a terrorist and that Sydney faces a bomb attack.
Lawyer claims Al Qaeda suspect's evidence tainted!
Before returning to Australia last year, Thomas was arrested and held in custody for five months by Pakistani authorities before being released without charge.
Man terrorised by ASIO remanded in 'AA' isolation!
A Victorian man has been remanded in custody after being charged with terrorism offences, including having links to Al Qaeda?
Ruddock foreshadows new terrorism laws
The new laws will allow police to access emails and mobile phone SMS messages, enable wider use of surveillance devices, and protect sensitive national security information during terrorism trials.
Islamic movement denies links to Al Qaeda
The Islamic Youth Movement has denied having any links to Al Qaeda and says it is considering legal action against the Four Corners program. In a statement released early this morning, the group rejects allegations it is helping coordinate any kind of terrorist network inside Australia and says it is being unfairly targeted.
2nd Renaissance -10 The War on Witches [150]
In 1484, Pope Innocent VIII issued a Papal Bull that became the rationale for establishing the Inquisition in Germany. The following excerpt from the Bull sets out the official view of the danger of witches to the community. The Bull and this this passage provided the sole excuse for the torture and cruel executions that were, ultimately, to be the fate of up to fifty percent of the population of some villages.
