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    Address to “Green Left Weekly” public forum in Canberra,
     
    “Anti-terror laws: making Australia safer,  or creating a police state?” 
    -  6.30 pm , November 22, ANU Manning Clark Theatre No 6

    References:

    1.         The over 270 submissions to the Senate Committee examining the proposed anti-terrorism laws, most of which have been highly critical:

     

    http://www.aph.gov.au/Senate/committee/legcon_ctte/terrorism/
    submissions/sublist.htm

     

    2.         Hansards of three days of Legal and Constitutional Committee hearings in Sydney, ended last Friday

     

    http://www.aph.gov.au/hansard/senate/commttee/s-lc.htm

     

     

     

    The question now is – to what extent can we trust our state? And how does that affect the way we are to live in Australia?

     

    We rely on our state to protect our security as citizens and residents, and to act justly. It is a great shock when one discovers – in my case rather late in my life – that there is no reason to believe our state or its agents can be relied on to do those things, if the ambition and opportunism of political leaders has led them to neglect or reject their obligations, and if the habit of obedience and the power of service oaths over people working in chains of official command leads them to obey their orders without question, setting all  ethical issues aside.

     

    If one has ceased to believe in the moral integrity of the day-to-day operations of Australian state, one approaches the present anti-terrorism laws from a very different perspective, than do those who still have the belief that our state is an ethical entity that generally respects us all,  and sets out to protects our lives.

     

    For the latter group of people, the issue is essentially a technical practical question. How can one build more safeguards into these laws, more checks and balances, so that the occasional mistakes or abuses of power by individuals in the system may be prevented or, if they happen, brought to light and corrected? ? How can one convince politicians who will shortly vote on these laws in the Senate, and who are assumed to be generally people of good faith regardless of party,  that the laws as submitted by the Howard government might be unnecessary and dangerous to our liberties? And that if they are passed, there is a need to build stronger safeguards into them, to delete or soften certain parts of them?

     

     But what happens if one starts with a different view of the good faith of those who currently have the executive power to govern us and make our laws? And for that matter, a different view of the good faith of the Leader of the Opposition?  

     

    If one has come to a view that such people have a proven track record of regularly and systematically manipulating or omitting facts or lying on matters that affect the life or death of people under their duty of care? And who will, when challenged on such lies,  put the entire national security resources of the state behind reinforcing the lies and trying to give them a semblance of retrospective credibility? What kind of a useful citizen-state dialogue can one then have with such people, if one has lost faith in their decency or loyalty to Australia?

     

    As a loyal Australian I have what I think is a clear view of Australia’s national interest and values. But I know my view bears no resemblance to John Howard’s or Alexander Downer’s or Robert Hill’s or Philip Ruddock’s or Kim Beazley’s. I have very little in common with these men beyond the fact that we are of a similar age, share Australian citizenship, and have all had the benefits of a good education and good career opportunities in life.  I believe they have been corrupted by power and have come to confuse their personal interests with the national interest. In particular, I believe they have been seduced by the global power of the United States, something to which my generation is particularly prone having lived much of our lives through the Cold War and been conditioned to think of the US as our best protector.

     

    I now think of the US more as a global predator and exploiter of other nations. It is great hubris on John Howard’s part, if he thinks he can ride the US tiger while protecting Australia. Or maybe he stopped really thinking that a long time ago on one of his visits to the Crawford ranch. Maybe Howard has known for many years that he is no more than the US Inc Australia Branch Manager. Maybe he knows that he sold us all out long ago.     

     

    For me the urgent question now is, what can I do to help show the Australian people how these men, with their endemic lies and bad policy decisions, are progressively corrupting our country? What can I do, as an independent public commentator, to try to slow down their destructive march through our institutions and values?

     

    One thing I can do is to hold determinedly on to facts and truth.  Two and two still make four for me. I have not yet been brainwashed or terrorised into saying they make five. [The reference here of course is to Orwell’s 1984 – required reading these days].

     

    Former ASIS officer Warren Reed said on an ABC Background Briefing program “Intelligence Wars: Behind the Lance Collins Affair”, on ABC Radio National,  30 May 2004:

     

    http://www.abc.net.au/rn/talks/bbing/stories/s1121412.htm

     

    “Truth and accountability in the whole intelligence process, and a detachment from poltical influence, is absolutely crucial.  If you lose truth and accountability in intelligence, you can’t have a national interest”.

     

    I think Reed’s point goes to our whole system of governance, not just the intelligence process. Let me give a few examples of where our whole present national security system is projecting and protecting things that I know to be lies – lies that have destroyed people’s lives, to whom our Australian state had a duty of care.

     

    The government lied in not passing on to Australian holidaymakers through the DFAT travel advisory system good intelligence information that it had during 2001-2002 that Bali, as a holiday resort area in Indonesia where Westerners were known to gather in large numbers, was at risk of terrorist attack. DFAT warned its own employees by secure means to avoid going to such places on the day before the attacks happened: yet for nearly a year it had falsely reassured the Australian public that “tourism services to Bali are operating normally”.

     

    I believe the unstated purpose of that neglected duty of care was an Australian government view from the top to allow matters to take their course in Bali. For nothing would better bring home to a sceptical Australian public the threat of Islamist terrorism than a terrorism event in Bali. If it happened, it would happen.  

     

    I refer also to Bruce Haigh’s recent important Canberra Times commentary,  analyzing the links between the Indonesian armed forces and JI, and the former’s interest in covertly enabling acts of JI terrorism in order to obtain more US funding and political leverage in Indonesia [unlinked]

     

    And there has been no accountability. Labor helped the government paper it over, in the failed Senate inquiry into pre-Bali intelligence. There was a huge smoking gun, senior official ONA witnesses were held up to ridicule by government senators, but the parliamentary inquiry went nowhere. As usual, Labor fudged the report. You must read the Greens and Democrats statements to get to the real truth of what happened in this inquiry:

     

    See http://www.tonykevin.com/Bali-Senate-Report.html

    [The Senate Foreign Affairs and Defence Committee report on
    "Security of Australians in South East Asia (Bali 2002)"
    - commentary analysis by Tony Kevin, 14 August 2004 ]

    Similarly, the deaths of 353 people trying to reach Christmas Island on SIEV X was papered over. Government security agencies have now collectively erected an apparently solid firewall of denial of knowledge of anything to do with that tragedy. Every lead that Senators Faulkner, Collins, Cook, Bartlett and Brown have tried to pursue over the past three years has been smoothly and efficiently blocked by retrospective official lies.  “He who controls the past controls the present. Even the simplest fact of where SIEV X sank – in international waters in the Operation Relex zone of ADF surveillance and interception – is now the subject of a lockstep official cover-up. We are now told by DIMIA “The Australian Government's position is that the location where the vessel sank is unknown”. [Answer to Senate QON No 1290 – text of reply not yet published in Hansard]

     

    http://www.sievx.com/testimony/2005/20051006
    BobBrownQoN1290.html

     

    Truth is what the system says it is, or so our national state would now have us believe. Whichever persons blow the whistle on the SIEV X cover-up now from within the national security system will probably go to jail. But they will be heroes. 

     

    Just this week, a little family group of asylum-seekers from West Timor are being flown thousands of kilometers from Darwin to re-open the empty detention centre on Christmas Island.

     

    http://www.smh.com.au/news/national/island-centre-reopens-for-asylum-seekers/2005/11/21/1132421603591.html

     

    It is their own fault, we are told – if they had not insisted on making refugee claims they would be back home by now. Forget that they landed on Australian mainland soil, that had not been conveniently excised. Forget that there was a recent promise,  that children would not again be put in detention except for short periods while identities are checked We are told the family of four (father, mother, two children) will be allowed out soon to house detention on Christmas Island  Three other single men will stay locked up alone, presumably for as long as they pursue their refugee claims.  We now have another case like Aladdin Sisalem, who was locked up alone for years on Manus Island. This time, a whole family group is flown to remote Christmas Island to make a firm deterrence point. Nothing has changed in DIMIA. The so-called new broom of Andrew Metcalfe sweeps human lives around in the same cruel way.  And there is the same arbitrary decision-making, the same flouting of laws and solemn governmental undertakings.

     

    I could go on and on  – Defence Minister Hill’s proposal that the Australian Army go into active service in the Philippines to help the Philippines Army better carry out search-and destroy mission into Muslim insurgent  areas – an aggressive militarisation of a complex inter-communal internal problem that Australia should definitely not be interfering in:

     

    See

    http://www.news.com.au/story/0,10117,17282539-421,00.html?from=rss

    “New role for SAS mooted”, from The Advertiser, by Phillip Coorey, November 18, 2005.

     

    See also:

    http://www.minister.defence.gov.au/HillTranscripttpl.cfm?
    CurrentId=5194

    http://www.asiantribune.com/show_article.php?id=2822

     

    If the Philippines should be foolish enough to agree to this poisoned gift from Australia, where will be the dissent here? Where the cautionary voices? Lemming-like, we are being obediently herded into another dangerous and illegal foreign military adventure that will kill innocent people. Have gun, will travel.

     

    And I have not yet  even mentioned the Iraq War which is surely the extreme example of an arrogant national security regime out of control in Australia – 1 million demonstrators against the invasion contemptuously dismissed as the mob,  the false intelligence case for invasion exposed by Andrew Wilkie before the war started but shrugged off, the illegal initial SAS campaign of covert undeclared war starting two days before Howard announced we were at war in Iraq,   the ADF involvement in the war crime that was the November 2004 Fallujah massacre, the ADF assistance in helping cover up US tortures of prisoners at Abu Ghraib, the prolonged crucifixion of David Hicks merely to curry favour with the present gang that rules in Washington.

     

    And the way Cheney’s company Halliburton is quietly taking control of large parts of Australia’s national infrastructure including the Alice Springs to Darwin Railway, built by a Halliburton company (under a build, own and operate for 50 years deal),  and intended, Alan Ramsay tells us, to bring the world’s nuclear waste cheaply into Central Australian dumping grounds. And were it not for Richard Tonkin’s pathbreaking work this year on Halliburton’s spreading influence in Australia -

     

    http://margokingston.typepad.com/harry_version_2/2005/03/
    halliburton_dow.html#more
      

    (and subsequent Webdiary articles by Richard Tonkin)

     

    and Alan Ramsay in SMH Opinion ,  “Railroaded up the Bulldust Track” -  a must-read article:

    http://smh.com.au/news/opinion/railroaded-up-the-bulldust-track/2005/11/18/1132016984636.html?page=4

     

    what would we know of this pending huge betrayal by the Howard government of the Australian national interest?     

     

    I hope the relevance of this long preamble to my discussion tonight of the new counter-terrorism laws is clear.  Our present terrorism threat in Australia – the possible self-activation of a few utterly dedicated suicide bombers, of a few Muslim men – it only takes a few – fuelled by implacable rage against the terrible things that Anglo-Western society is doing to their societies and has been doing for at least 30 years -  that threat comes entirely out of our own government’s huge and continuing wrong decisions, that are leading to the deaths of so many innocents in Muslim countries. For years now, we have been sowing the seeds of the hatred we now fear and try to protect our populations from. With wise foreign and strategic policies, none of this anxiety would have been necessary.  We only have to look across the Tasman or to Canada to see that.

     

    If we do not now argue for a clear and correct analysis of truth and accountability about Australian security – where the threats are coming from, and why - we will, having lost sight of our true national interest which lies in not invading and hurting others,  have lost the capacity to preserve our precious multicultural society based on decent public behaviour and trust. We will, step by step, destroy everything that is good in our society.

     

    The evidence is all around us. It is clear that, for the government and the national security agencies that do its work, and for the media interests that feed off them, 300, 000 Australian Muslims are finally expendable. In the end, as Brendan Nelson says, if these people don’t knuckle under to us “they can just clear off”. As Bronwen Bishop tirelessly tells us, even Muslim schoolgirls are “defying” our society by wearing the hijab to high school.   Under this mindset, and many of our federal politicians represent it, if Muslims don’t like the pressures they are coming under, if they don’t like being subject to the presumption of guilt, we don’t need them here: it was probably a mistake to let any Muslims come here in the first place. Fortunately, there are few enough of them that we can still intimidate and control them. We can subject them to control orders, preventive detention, lock up their writers and lawyers and  religious leaders for sedition,  why we can even follow Beazley’s idea and lock down their neighbourhoods !  Hitler did that to the Jews and look how well it worked. We can seal off Australia against them, we have good border security now.  If we terrorise and humiliate their families enough, maybe the troublesome ones will just leave – go someplace else. And there is plenty of room on Christmas Island for all the troublemakers who won’t leave. So goes the majority mindset.  

     

    As Glenn Milne assured us recently  – having no doubt been fed the statistic by a friendly government source – these laws will leave 99.9% of Australians untouched ! Why worry about the rights of the other 0.1%, the 20,000 Muslims who may be rounded up on suspicion,  or be the close families of those rounded up ?    

     

    “These laws aren’t about us, mate – they are only about them, and why should we care about them”?

     

    Clearly, 2/3 of us don’t care about them – 2/3 of us think the Howard terrorism laws are just fine according to an SMH poll published today.

     

    So as usual it is left to the few, to point out how cruel and counter-productive all this wrong thinking is. Of course it could finally push a few young Muslim men, as a matter of pride and honour, to acts of desperate suicidal violence. History teaches us that is what happens when you push any minority community into a corner, as a reviled and mistrusted alien element – whether it be the Irish, or the Basques, or the anarchists or the Trotksyites, etc. Terrorism is the traditional weapon of the weak, oppressed by superior force. There is nothing new here.   

     

    The problem is – and nothing illustrates better than this,  how much I despise Howard and those collaborating with him now on national security issues, in which number I include the Leader of Her Majesty’s Loyal Opposition -   that this is exactly what they want to see happen ! They want to see Australian innocent blood shed by an Australian-born Islamic terrorist.

     

    They want their case to be thus proven.   As they perhaps wanted the Bali bombing in 2002 to happen. For an act of terrorist violence here would validate all the hysterical scare-mongering, all the expensive wasteful security industry creation, all that money that should have gone to our schools and hospitals. It would, they would say, be the final rebuttal to critics like us. “We were right, weren’t we –  they did try to kill us”.

     

    Which throws an interesting light, does it not, on all the police –media collusion and media overkill of the highly telegraphed 18 arrests a couple of weeks ago? Of course the police wanted media there – to witness the shootouts and the deaths that some people may have been hoping might result. Why were the media used – utterly predictably – to ensure that the news of impending raids leaked out to Muslim community leaders – who were even invited along to watch the fun ? Did some people in authority want to provoke desperate suspects into action, did they want the catharsis of armed exchanges from which people on either side might die? 

     

    These were not quiet efficient police arrests of suspects – they were acts of public theatre, more akin to the anti-Semitic pogroms of years gone by in Russia and Nazi Germany. Like the Kristallnacht in Nazi Germany, in the manner of these highly public arrests they were acts of deliberate exemplary state power and brutality.

     

    In the end, fortunately, only one arrestee was shot, in the neck. It is alleged he shot first. He is lucky to be alive – the shot to the head would seem to have been intended to kill, as the unfortunate Menendes was killed in London.     

     

    This is the Australia we live in now – an Australia where I believe that nothing our government says or does in the national security area can be taken on trust any more. All our national security institutions are rotting from the top down. 

     

    So do we succumb to rage or despair?  I hope not. As long as there is still one good family living in Sodom, the Lord will not destroy Sodom. We dissidents may be in a minority now, but we will hold onto our values of a decent compassionate society that protects all its members regardless of race, class or religion, and keep truth alive till better times come.

     

    All our political villians are fortunately mortal. John Howard may have to be carried out in a box, but carried out he will eventually be, as we all will be. Meanwhile, some of us will go on speaking truth to power.

     

    I spoke in Sydney a few days ago with Keysar Trad and Kerry Nettle at a Greens rally. Much of what I said there I have already said in different ways here, but some of it is worth saying to a Canberra audience. ….

     

    http://www.tonykevin.com/SubversionDemocracy.html

     

    To conclude, I hope these sedition laws will be thrown out. Here I put my main hope in the brave band of “small-l liberals” in the Coalition backbench, and in the party branches, to put enough pressure on Howard to make him concede.  If the present Senate Committee produces a full consensus on those lines, it will I hope be hard for Howard to resist that consensus.  Here is an example of where the thoughtful informed minority view might prevail over mass indifference and ignorance of the risks we are running if we pass these laws.  

     

    On the control orders and preventative detention proposed laws, I cannot add to the voices of wise opposition from Malcolm Fraser, Jon Stanhope, and so many of Australia’s leading lawyers and jurists. If under Australia’s present laws, our authorities can degrade accused terrorism suspects in manacles and chains and orange jumpsuits, and if they can wash their hands of David Hicks’ rights to a fair trial, goodness knows what they could do to preventively detained persons and to their families under the proposed laws.

     

    Under the new laws, it is possible that while we sit down to our Christmas dinners, Australian terrorism suspects will have been secretly rendered to offshore preventative detention on Christmas Island, effectively beyond reasonable defence lawyer access and the protections of Australian law. The new detention centre there is nearly ready for them now. 

     

    Obviously those laws are going to be passed. Some of us may then have to remind government and opposition leaders that laws are not to be applied selectively or whimsically.  The first principle of law is to apply it in a non-discriminatory way.

     

    There cannot be one law for suspected Muslim terrorists,  and another law for the rest of us. Some of us may have to go to jail under these laws, to show just what bad laws they are.

     

    Tony Kevin, Canberra, 22 November 2005