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High Court defends the right to vote

Hello. The High Court has knocked over a bit of Howard's anti-democratic changes to electoral laws last year. Sydney law firm Allens Arthur Robinson did the job for free, and is also a member of the United Nations Global Compact. Here's a release on the matter from the Human Rights Law Resource Centre. The High Court's order is here (judgment reasons later, order made in time for federal election).


Prisoners Win Right to Vote in Landmark High Court Case   

In a landmark decision, handed down on 30 August 2007, the High Court has upheld the fundamental human right to vote, finding that the Howard Government had acted unlawfully and unconstitutionally in imposing a blanket ban denying prisoners the vote.

In 2006, the Howard Government passed legislation which denied all prisoners the right to vote. This law was challenged in the High Court by Vickie Roach, an Aboriginal woman who is a prisoner at the Dame Phyllis Frost Prison in Melbourne.  In orders made on 30 August, the High Court struck down the blanket prohibition on prisoners voting.  The Court upheld the validity, however, of the law providing that prisoners serving a sentence of three years or longer are not entitled to vote.

The decision of the High Court is a victory for representative democracy, accountable government, the rule of law and fundamental human rights.  With Aboriginal Australians incarcerated at a rate of almost 13 times that of their fellow Australians, it is also a vindication of Aboriginal rights.

Speaking after the decision was handed down, Philip Lynch, Director of the Human Rights Law Resource Centre which ran the case, said, 'This is a common sense decision.  The Howard Government disenfranchised prisoners on the spurious ground that to do so would promote respect for the social contract and the rule of law.  Far from achieving this, denial of the fundamental human right to vote results in social exclusion, isolation, resentment and unaccountable and unrepresentative government.  This is particularly undesirable given that the overwhelming majority of prisoners will be released at some stage.'  Mr Lynch said that the supreme courts of Canada, South Africa and Europe had, over the last ten years, reached the same conclusion.

Mr Lynch paid tribute to Vickie Roach for taking her fight to the High Court.  'In running this case, Vickie has stood up not just for the human rights of prisoners and Aboriginal Australians, but the interests of the entire community.  She has done so with courage, integrity and commitment.'

The Human Rights Law Resource Centre was provided with outstanding legal assistance throughout the case by leading Australian law firm Allens Arthur Robinson, Ron Merkel QC, Michael Pearce SC, and Fiona Forsyth and Kristen Walker of Counsel.  'The legal team brought significant commitment, expertise, resources and dedication to this matter.  They acted to protect human rights and uphold the rule of law and, in so doing, acted in the highest traditions of the profession and the interests of the community as a whole.'

Contact
Philip Lynch
Director, Human Rights Law Resource Centre
T: (03) 9226 6695 or 0438 776 433
E: hrlrc@vicbar.com.au 

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Now free speech is being attacked.

McGregor told AAP the charges were absurd because he was a registered member at the conference and had every right to be there.

"This was first a war crimes issue that has become a free speech issue, the way I was arrested was incredibly improper," he said.

"I didn't touch the Attorney-General, nor go near him, just simply asked the audience why we were welcoming this man when he's a war criminal.

"No way did I threaten him, I'm a pacifist, it's the government that believes in violence."

The Attorney General has tried to limit Australian voting rights, now he is attacking our right to free speech. Only the Australian High Court stands between us and fascism.

Will we Help to Correct a Terrible Injustice?

I have often claimed that the venal media elects or destroys governments in Australia, and I do not resile from that.

Also, I have claimed that the Whitlam dismissal was demanded and assisted by the CIA and big business in Australia.

I remember quite clearly in 1975 the unbelievable attacks on the person of Gough and even his Wife Margaret.  Bob Hawke as a Union leader was also targeted and the "out of court" settlement by Frank Packer was little consolation for the removal of a twice elected democratic government.

Over the years the attempts by a true Australian Gough Whitlam to "buy back the farm" did not meet the requirements of the U.S. and their control of world finances.  Hence the "Falcon and the Snowman" revelations.

While trying to find the claims of an American military threat to Australian which I only remember vaguely, I came across this gem:

The palm for blatant “massaging” of the news inevitably went to Rupert Murdoch’s News Ltd. Murdoch, who had originally held “high hopes” for Labor (“I still believe it was the right thing to have a change,” he later said) had gone very sour on Whitlam by 1975. His Sydney tabloids used some classic tricks.

 The Daily Telegraph city edition of 1 December was bad enough with its claim that “Welfare Bludgers Get $350 A Week”, but the country edition went further, claiming that the total was $700. It turned out that the correct figure, $350, was for a household of four adults and six children. Then came the Daily Mirror front page of 26 November. Labor was proposing inexpensive rental accommodation for low income earners. The headline in one edition was “Gough’s Promise -- Cheap Rents”. When someone on the staff decided this front page was too favourable to the ALP, the story was revamped, the last edition carried the headline, “Gough Panics -- Cheap Rents”, and a new introduction made it appear as if Whitlam had stolen the policy from Fraser.

 The egregious examples, however, were probably less important than the weight of day-after-day reinforcement. The Sydney Morning Herald ran a series of relentless anti-Labor editorials, with key excerpts reprinted on page one. Reporters allowed Fraser to get away with stone-walling at his press conferences. Thus Ranald Macdonald, chairman of the Australian Newspapers Council, passed a very restrained judgement on his industry when he later wrote that “our credibility is at an all-time low. In the months leading up to the last federal election, the Labor Party didn’t have a fair go.”

History I know, but how important is the adage that "he who doesn't learn by the mistakes of history is bound to repeat them".

 

That confirms that I believe that Kevin Rudd's meeting with Rupert Murdoch was to ask for a "fair go".

 

NE OUBLIE.

 

 

Everyone Should Vote

My only gripe with this decision was that anyone jailed for over 3 years should be denied the vote. But thank God we still have an independent judiciary.

This was covered by a delicious Alan Ramsey rant on Saturday including the  Howard government's disgraceful shoving through of a change from 7 days of just one, the chance to amend your enrolment details.

DON’T MISS THIS CROWD-STOPPER, CONSIGLIERE SCIPPIONE!

Michael d Angelos My only gripe with this decision was that anyone jailed for over 3 years should be denied the vote.

Former Howard Reichsfuhrer fuer Van Dieman’s Land, Ritter Ulrich von Abetz, was awarded the Iron Cross, Oak leaf cluster for his work on exactly this, Michael de A, as he mentioned, with deafening clicks of his jackboot heels to the ABC’s Catherine McGrath way back on 4 June 2004.

[Rittmeister Ulrich von] ABETZ): (his voice purring in a low Dachshund-like, even Goebbels-like sibilant snarl) If you're not fit to walk the streets as deemed by the judicial system in this country, then chances are you're not a fit and proper person to cast a vote in relation to the future of your country.

Footnote: Rittmeister von Abetz is a totally owned Legislative Product of Gunns Pty Ltd.

And I would have thought the only person in the Commonwealth fit to walk the streets as deemed by the judicial system in this country, might have been Dolly Downer in his fetching, with iron grey highlights, gigantic Mme Pompadour hairpiece, tiara, flouncy tangerine balldress and those 20th Century geisha's fishnet stockings and sensible six-inch heels inset with much faux, faux diamante mega-bling.

Let the judicial system in this country choke on that!

This is why APECalypse Now’s! new Berlin Wall is to be extended in a narrow corridor to Kings Cross, so Dolly can work the US Bushido entourage crowds in more hospitable haunts. With proper lighting and a small, intimate showband of about 50-100 artistes, each one also a Little Britain leydee in her own right.

Squadron Leader Jack "Nipper" Woodforde, OAM, VC, APECalypse Now! volunteer assistant to the Chaser’s War on Footpath Spruikers©, Dolly Downer Mauerweg Sonderaktionkommando (Woolloomooloo/Rosslyn Gardens Division)

Howard stops Human Rights Commission on Nauru

The federal government has reportedly rejected a request by Australia's Human Rights and Equal Opportunity Commission to inspect conditions in the immigration detention facility on Nauru.

The request follows a surge in the number of detainees held on Nauru on behalf of the federal government to 89 in the past six months.

What is Howard hiding from the Human Rights Commission? Howard has  tried and failed to stop people from voting. It about time someone took him to the High Court over the Pacific Solution. 

Right to vote

All citizens of the country should have the right to vote. jailed or otherwise. That basic right should be entrenched up until the day of polling. To do otherwise, is to reduce the freedom of choice and disenfranchise the people, advancing dictatorship.

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Margo Kingston

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