2017-12-22
Chris Johansen
Gillian Triggs is an esteemed human rights lawyer who was President of the Australian Human Rights Commission from 2012 to July 2017. You may have regularly seen her on TV on issues such as refugees, racism, indigenous rights, etc. And, more latterly, as a subject of vehement attacks by various Government ministers – no surprise that her contract was not renewed. We were fortunate that the Freo Festival invited her as a guest speaker at Freo Town Hall on 4th Nov., allowing those of us with concerns about those issues to see/hear her in person.
She began by pointing out the unprecedented decline in respect for politicians, brought about by the post-truth era fueled by social media and the internet generally. Evidenced-based reports have become subsidiary to opinions. This shift towards opinion, mainly influenced by who can shout loudest rather than actual evidence, is increasingly shaping Government policy formulation, e.g. climate change, Uluru dismissal, refugees, counter-terrorism, etc. Further, the Government seems less inclined to explain and justify, using actual evidence, their policies. There has been an expansion of ministerial powers, which has largely gone under the radar, and increasing overreach. This has permitted further exploitation of the 'politics of fear (reviving the 'reds under the bed syndrome of the 50s-60s). Politics seems to be becoming increasingly disconnected from the law.
She made the point that most Australians, including those in politics and the public service, have little familiarity with what is actually written in the Constitution. A recent and ongoing example is the MP citizenship saga. She quoted a survey which found that more participants thought we had a Bill of Rights (which we dont) than a Constitution. She also quoted the case of an arrested suspect who refused to comment on allegations against him as he was invoking the 'fifth amendment (which applies to US law and nowhere else). Obviously, something is missing from the education system.
Professor Triggs attributed much of the blame for the proliferation of 'false news to the media, traditional and new. With the shift in the media landscape, towards online, the role of professional journalism has been downgraded – professional journalists trained in fact-based analysis face declining employment opportunities. With Facebook, Twitter, etc. political commentary is open to all, but with no requirement to rely on facts, but instead with liberal use of 'alternative facts. Some politicians are willing to take advantage media distortions for short term political gain, such as the 'children overboard incident. Most people now select their news sources according to their own beliefs, and thus become siloed (I admit that that is what I do). Demands for 'fair and balanced programming on the ABC are usually calls for equal time for non-factual advocacy, overriding the traditional, professional role of interviewers in trying to tease out the truth.
Another of her major concerns was the introduction of legislation to allow the Government to access everybodys metadata. No warrant is required for this, as was previously the case for accessing peoples electronic data. There is no obligation for the Government to explain what it is indeed being used for – crime prevention or political and commercial advantage.
In view of her involvement in race relations over the years she has also been particularly concerned over attempts to weaken Section 18C of the Constitution, which makes it illegal 'to offend, insult, humiliate or intimidate another person or a group of people, in the name of 'free speech. She made the point that 'free speech needs to be balanced against 'community harmony. No society accepts that anyone has the right to publicly or privately abuse whoever they like using the foulest of language at their command.
And of course, not surprisingly, Professor Triggs spent some time on 'asylum seekers. This being a good example of where a huge chasm has opened up between Government policy and action on the one hand and national and international law, fact and reality on the other. I am sure most readers would be aware of all of the issues but a summary of the points she made is as follows:
- In international and Australian law there is a right to seek asylum and thus asylum seekers are not 'illegal.
- Detention of asylum seekers is meant to be temporary, to permit assessment of their claims – detention on Nauru and Manus has been in progress for four years, even though 80-85 % of those incarcerated have been so far assessed as genuine refugees, and there are cases in Australia where detention has so far lasted for seven years.
- On Manus and Nauru, Australia has been moving extraordinarily slowly in processing of asylum seeker claims.
- Australia does not have any law mitigating against indefinite detention.
- There is no evidence that indefinite detention of asylum seekers will prevent others from seeking asylum (push factors dominate the minds of those seeking asylum – 'gotta get outa here).
- Attempts by politicians to portray all or most asylum seekers as 'economic migrants is simply false, according to those who assess asylum seekers.
- Conservative politicians also try to equate Muslim asylum seekers with a terror threat and border protection against asylum seekers with protecting Australia from military invasion.
- The Government claims there is no alternative, to their previous and ongoing response, to dealing with 'unauthorized boat arrivals. However, the Human Rights Commission produced a report on the numerous alternatives available, such as more effective collaboration with neighbouring source and transit countries.
- The report of the Human Rights Commission on 'Children in Detention was rejected outright by the Government.
So, all of the above tends to portray a fairly bleak time for Gillian Triggs at the Human Rights Commission especially when you superimpose the increasing personal attacks on her by the Government in recent years (for her advocacy of human rights!). Not so, as she indicated that she indeed has a thick skin and the Commission has indeed been a bastion against the increasing excesses of the present Government. And she left us with some lessons learned and sound advice for those wishing to progress the cause of human rights in this country.
A first priority is to attempt to return to evidenced-based policy formulation and political discourse. This means calling out misinformation as it occurs and clearly documenting its factual refutation. We cant afford to let misinformation rest as it would dominate the record. Of course, this ultimately requires leadership from the top, of which there is presently no sign, but other individuals and organizations need to step up in calling out misinformation as best they can (e.g. the Climate Council, after they were sacked by the Abbott Government).
A longer term priority is education of the public, primarily via school curricula, politicians and public servants on the Constitution and actual laws of the country, such that those who wish to deviate from them can be more readily held to account.
Given that changing media platforms have facilitated easier dissemination of 'alternative facts we also need to be adept in using those platforms to disseminate actual 'facts with supporting evidence. On TV, as well as social media, the power of pictures can sometimes trump (excuse the term) the written word. For example, abuses associated with youth detention (mainly of indigenous youth) in the northern Territory had received little traction in the media over the years. However, a Four Corners program filming a hooded youth bound to a chair fairly smartly prompted a Royal Commission into the problem.
Another powerful persuasive mechanism is humour. Professor Triggs related the case of an asylum seeker whom she was trying to assist on Christmas Island. The refugee had arrived in Australia while pregnant and her baby, Ferouz, was born here. Thus, she was trying to claim Australian citizenship for Ferouz. Apparently, Shaun Micallef got wind of the case and it provided material for a 'Mad as Hell skit. He had a picture of baby Ferouz on the screen behind him and he said that 'these asylum seekers are really clever, this little fellow smuggled himself into the country by hiding in his mothers stomach.
Header photo: Professor Gillian Triggs. Credit: thesaturdaypaper.com.au