Blog Archives for January 2009
Process not Postcode: the road to a defensible radioactive waste policy
Blog Post | Blog of Scott Ludlam
Friday 9th January 2009, 4:52pm
by ScottLudlam in
In response to the Crikey article Radioactive Waste for Christmas:
The Senate Inquiry into my bill to repeal Howard's Commonwealth Radioactive Waste Management Act 2005 received 103 submissions from organisations and individuals. Two public hearings held in Alice Springs and Canberra provided thoughtful and considered input to the Environment, Communication and the Arts Committee's deliberations and final report.
Overall, I would characterise the process as a very constructive one that pooled information and expertise, and encouraged constructive dialogue about a complicated and controversial issue which has rarely been given the space for open debate.
First, the inquiry revealed an overwhelming consensus regarding the deficiencies and consequences of Howard's 2005 legislation which enables the Federal government to impose a radioactive waste facility on unwilling Territory communities and against the wishes of the NT government. The legislation does this through overriding laws generated by the Territory government, preventing the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 from having effect during investigation of potential dump sites, excluding the Native Title Act 1993 from operating at all, overriding the Land Rights Act and wiping out procedural fairness through suspension of the Judicial Review Act.
Second, the inquiry increased pressure on the government to fulfil an election promise to repeal the Act and to establish a scientific, transparent, accountable, and fair process ensuring full community consultation in radioactive waste decision-making processes. More than a year after being elected, its time the government took action, and the Committee not only provided guidance as to what future legislation should include, it also described exactly how it should differ from the existing Act.
Third, the inquiry report acknowledged the degree to which a centralised remote facility is questioned as necessarily an appropriate option. Witnesses argued that a dump in a remote area might not be the best way to manage this intractable waste at this time, and that other models should be explored by policy makers. Some groups argued strongly that a remote facility increased the transportation risks without any clear public health benefit.
And finally, the inquiry exposed just how contested the favoured site at Muckaty Station really is. Contrary to Mr. Gosfords assertion, Amy Lauder, a senior Ngapa traditional owner did not appear, nor did she make a submission to the Inquiry. Instead, we heard from other senior Ngapa traditional owners who gave compelling evidence about the flawed nature of the consultation process and questioned the accuracy of a secret anthropological report that designates a small handful of individuals as speaking exclusively for that country.
The Greens signed onto the government-led Committee report because it recommended that radiative waste policy should be adopted in consultation with communities, be based on environmental best practice, and be fair and transparent. Mr. Gosford's prediction that "the Greens would never support replacement legislation," is bizarre. It is essential that sooner or later Australia faces up to its radioactive waste legacy in a deliberative and measured process, and any future legislation to this effect will be carefully scrutinised by the Greens and supported if it enables the kind of the scientific, transparent, accountable, and fair process the government has promised.
'Change': Australia must follow Obama's lead
Blog Post | Blog of Scott Ludlam
Friday 23rd January 2009, 11:18am
by ScottLudlam in
In his historic inauguration speech, US President Barack Obama has signaled a new direction for Washington and the world.
For those of us appalled by the Bush administration's anti-democratic practices and disrespect for the principles of rule of law and natural justice, President Obama's words were music to our ears:
"We reject as false the choice between our safety and our ideals. Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience's sake."
The question is, will it lead to the repeal of excessive and dangerous legislation like the Patriot Act, which undermined the rights and privacy of US citizens in the name of fighting terrorism. It allowed for increased surveillance of citizens - tapping of phone calls, even police examination of library records.
Prime Minister Rudd faces the same question regarding the 40 pieces of anti-terrorism legislation hastily passed by the Howard government after the events of 11 September 2001 that encroach on the rights and freedoms of Australian citizens. Longstanding democratic and legal principles, including the right of judicial oversight, are undermined. Careless talk and bad ideas have become crimes in Australia, people can be found guilty of substantive offences because they are talked about, which is worrying in an open democracy. A number of subsequent studies have called attention to the urgent need for ongoing review of the terror laws.
When in opposition Labor promised a comprehensive review, but 14 months on it has not yet taken action. In 2008 the Greens supported a Bill initiated by Liberal backbenchers Judith Troeth and Gary Humphries - initially introduced by Petro Georgiou in 2007- to appoint an Independent Reviewer of the anti-terrorism laws.
The government is yet to say whether it will support the Bill in the House of Representatives but they opposed the bill in the Senate.
President Obama is correct when he describes the choice between safety and our ideals as false. It is possible to have a safe and secure country while respecting democratic rights and freedoms. It is time to abandon the false safety vs. rights dichotomy that so often dominates the debate about our response to terrorism.
If we sacrifice our democratic rights and freedoms in the name of security, then we sacrifice the very values we seek to protect. Restricting our civil liberties won't make the world a safer place. Let's instead focus on the factors that foster terrorism and extremism - racism, alienation and poverty. Only if we address these can we truly prevent terrorist acts in the future.
Rudd should follow Obama's lead and commit to a review of the anti-terrorism laws. The draconian laws of the Bush/Howard era have no place in our modern democracy. The world has changed and Australia must not be left behind.
