"Clear need to improve the transparency and accountability of government decision-making in relation to armed conflict.' "Require a written statement to be published and tabled in the Parliament setting out the objectives of major military operations, the orders made and legal basis"; "Facilitate debate ..."
 

Included below is an example of the letters I sent late in the evening of Monday 27 March to each of the 40 members of the Bring Julian Assange Home Parliamentary Support Group. I point out that, in spite of its size, the efforts of this group so far appear to have made little difference towards making the Albanese government act to end the UK's illegal imprisonment of Assange or even to just hold this government to account for its failure to do so.

The following Open Letter has been sent to all 40 members of the Bring Julian Assange Home Parliamentary Support Group (Julian Assange Parliamentary Support Group).

Engrossing discussion of the arcane and unfair legal and political web entrapping Julian Assange: Lee Camp's excellent questions allow Stella Assange to use her legal and personal experience to comment in depth on the political relationships and laws and legal systems involved, such as the post 9-11 terrorism extradition laws; Britain's unequal status in US-British extradition laws; the incompatibility of how freedom of the press as conceived in the US is not possible in Britain

Next week, both the House and the Senate are sitting. We must demand that, this time, its gag on discussion about Julian Assange be lifted.

At a protest for Julian Assange, which commenced outside the Victorian State Library at 12:00pm on Sunday 28 September, protestors demanded that the Australian government use the power vested in it as a sovereign national government to make British Prime Minister Liz Truss end the illegal imprisonment and torture of Julian Assange.

Australian Parliament, which sits next week from Monday 6 September, must be made, finally, to debate Julian Assange's fate. At the weekly vigil for Julian Assange outside Melbourne's Flinders Street Station in the evening of last Friday 26 August, James Sinnamon explained how, if Australian Prime Minister Anthony Albanese told the UK Prime Minister Boris Johnson to end its imprisonment of Julian Assange, he would almost certainly comply without delay, and Julian Assange would

Update, 16 June: (see comment) The House of Representatives Selection Committee has ruled that Julian Hill's motion cannot be put this coming Monday 21 June. That motion will now have to wait almost 7 weeks, until 9 August, in the next (joint - both Senate and House of Representatives) sitting of Parliament, before it can be put and debated!

Federal Labour Opposition Leader Anthony Albanese ('Albo' - pictured right), on Australia Day, tweeted in praise of local Australian heroes, with the glaring exception of Julian Assange, the most widely-recognised Australian anywhere, whose suffering is unfathomable, and whose services to the anti-war movement are immeasurable. Why wasn't Julian Assange included and why does the Australian Government allow the UK and the US to continue their illegal persecution, imprisonment, and torture, of this Australian citizen?

 

Anthony Albanese's Australia Day tweet about Australian local heroes fails to mention another Australian who is at least as heroic of any one of the four people featured in that image, and far more famous: Julian Assange

In response to the following Tweet Anthony Albanese (@AlboMP) the Leader of the Labor Party Opposition in the Australian Federal Parliament:

"These are the true heroes of Australia. They put themselves on the line every day of this pandemic – to keep us safe, to keep us healthy, and to keep Australia moving forward. On this Australia Day, on behalf of the nation, we say thank you."

… I posted:

"Thanks to @julianAssange_">@julianAssange_ https://wikileaks.org and @SaveManning">@SaveManning we now know the truth about Iraq, Afghanistan, Guantanamo Bay, US Political corruption, … Surely, Julian Assange is no less an Australian hero? Why won't our Parliament demand Julian's freedom?"

Julian Assange is an Australian citizen who has committed no crime. Julian's only 'crime' is to set up the Wikleaks news service from which we have learned a great deal about the United States' wars, proxy wars, and economic sanctions, impacting extensively on humankind through recent decades. These malign actions by the U.S. government have cost the lives of many hundreds of thousands in Iraq, Syria, Afghanistan, Libya, Yemen, Lebanon, Palestine, Ukraine, Russia, Bolivia, Haiti, Venezuela, and elsewhere, as well as causing economic devastation. Were it not for Wikileaks revealing to us much of what the U.S. government would prefer to have kept hidden from us, we can only guess what further amount of carnage and devastation would have ensued.

As has been found by Nils Melzer, the United Nations Special Rapporteur on Torture [1], Julian Assange has been effectively imprisoned and tortured for 9 years now. Following the initial 8 years Julian spent confined to the Ecuadorian Embassy, in order to avoid being extradited to the U.S., he was outrageously locked up for an additional 50 weeks in a maximum security prison, mostly in solitary confinement, by the disgraceful London magistrate Vanessa Barraitser, for skipping bail in 2012. He had skipped bail only in order to legitimately seek asylum in the Ecuadorian Embassy. Fifty weeks is the absolute maximum that anyone can be sentenced to for skipping bail, and the length of Assange's sentence was unheard of. When this outrageous sentence expired, Barraitser further extended it, giving the U.S. government lawyers' more time to prepare their 'case' for Julian's extradition.

Should the United States government succeed in having Julian Assange extradited, he stands to be tried in secret [2] before a jury selected from the Eastern District of Virginia, a community which consists almost entirely of U.S. spy agency employees and their spouses. It is highly unlikely that any one of these jurors would pay the least regard to any evidence put forward in Julian Assange's defence. Almost certainly, he stands certain to be found guilty and thence to be sentenced to 175 years in solitary confinement. Once Julian Assange's sentence commences, he would only be allowed to leave his cell for 1 hour each day for exercise - this is effectively a death sentence, if not worse,

Even the extradition hearings have been a cruel medieval travesty of justice. Julian was deprived of sufficient preparation for his defense. He was subsequently brought into the courtroom in handcuffs, held inside a glass cage from which he could not hear clearly, and denied the right to speak in private to his lawyers. Public seating at the court was severely limited, so coverage of the event was grossly inadequate. The mainstream press avoided covering this crucial international matter and, when it did, it tended simply to publish press releases from the US legal team, ignoring Julian's defense. The trial was not publicly filmed and the alternative press had virtually no access to what was going on. Although disallowing Julian's extradition on medical grounds, the judge threw out matters relating to the political nature of the United State's pursuit of Julian because he had exposed its war-crimes and corruption, with US officials urging his assassination, and the public right to know about these crimes and anything else that governments do. Two Australian parliamentarians have visited Julian and have tried to stick up for him, but the Australian Government ignored their reports. Unfortunately the United States has been allowed to appeal even the judge's denial of extradition on medical grounds, and Julian continues to be held in prison whilst his massive team of persecutors prepare more ersatz legal arguments whereby they claim the right to cover up their own grotesque crimes.

Surely the Australian government has a duty of care to any Australian citizen, but particularly to a citizen who has contributed so much to humanity and who has committed no crime. Even skipping bail was deemed justified by the United Nations, which has tried to intervene on Julian's behalf, but which the UK government has persistently and shamelessly ignored.

It is long past the time in which the Australian government should have intervened against the U.S. government's efforts to kidnap Julian Assange from London. The Australian government should act now to demand that the U.K. immediately free Julian Assange from his illegal detention and send him on a flight back home to Australia, with a guarantee of immunity from United States pursuit when he gets here. Were the Australian government not to do this, the matter certainly should be raised on the floor of Parliament by Anthony Albanese and debated. But Albanese is missing in action so far.

Footnote[s]

[1] Nils Melzer's full title is "United Nations Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment"

[2] Were Julian Assange to be tried in public, the United States 'case' against him would fall in a heap. The whole world would see the real United States' government for the outlaw rogue regime that it really is. Although I have, so far, not viewed the documentary evidence for this, I think it is safe for me to assume that the United States' government intends to conduct its 'trial' of Julian Assange in secret, hidden away from public view. In retrospect, I don't know if this was ever raised by Julian's defence team, but had the U.S. prosecution refused to give an undertaking to try Julian public, it's 'case' would have been shown to be even more of a joke than it already was.

Representatives of the Department of Home Affairs will discuss the regulation and registration of migration agents when the Joint Standing Committee on Migration holds a public hearing as part of its inquiry into the efficacy of current regulation of Australian migration agents. Watch live at https://www.aph.gov.au/live

Committee Chair Mr Jason Wood MP said, “It is important to ensure that Australian migration agents are acting professionally and are properly certified. This public hearing provides the Committee a valuable opportunity to review the current mechanisms and powers of the Department of Home Affairs to respond to unregistered or unlawful migration agents.”

The Committee will also consider:

the registration and regulation or migration agents;
deficiencies and barriers to relevant authorities' investigation of fraudulent behaviour;

evidence of the volumes and patterns of unregistered migration agents and education agents providing unlawful immigration services; and
reviewing the appropriateness of migration agents providing other services to clients.

The full terms of reference are available on the Committee’s website

Public hearing details: 10:10am to 10:45am, Wednesday 27 June 2018, Committee Room 1R4, Parliament House, Canberra.

The hearing will be broadcast live at https://www.aph.gov.au/live

Office of Jason Wood MP

(03) 9768 9164

For background information:

Joint Standing Committee on Migration

(02) 6277 4560

[email protected]

Interested members of the public may wish to track the committee via the website. Click on the blue ‘Track Committee’ button in the bottom right hand corner and use the forms to login to My Parliament or to register for a My Parliament account.

The House Standing Committee on the Environment and Energy will hold a public hearing tomorrow for its inquiry into the management and use of Commonwealth environmental water.

The Committee will hear from the National Farmers’ Federation and the National Irrigators’ Council.

The inquiry is focused on the role of the Commonwealth Environmental Water Holder, including how environmental water is being used, the outcomes achieved and options for improving community engagement.

Further information about the inquiry can be found on the inquiry website at www.aph.gov.au/environmentalwater.

Public hearing details:
Time: 9.50am – 11.10am
Date: Wednesday 23 May 2018
Location: Committee Room 1R1, Parliament House, Canberra

Interested members of the public may wish to track the committee via the website, www.aph.gov.au/environment. Click on the blue ‘Track Committee’ button in the bottom right hand corner and use the forms to login to My Parliament or to register for a My Parliament account.

Update: Full Report now attached inside this article."[...]There is an insufficient amount of publicly available information about agreements under negotiation, and independently sourced economic analyses of their likely benefits are not mandatory. In relation to the TPP, this has fuelled media speculation on the content of the agreement when certainty based on fact is required. It is unsatisfactory for complex trade agreements, which are years in the making, to be negotiated in secret and subject to stakeholder and parliamentary scrutiny for a few short months with no realistic capacity for text to be changed, and then for implementation of the legislation to be rushed through parliament unamended. This comes very close to making a mockery of the process and of parliament's involvement." (Alex Gallacher, SA, Australian Labor Party, Senate debates, Thursday, 25 June 2015, Foreign Affairs, Defence and Trade References Committee; Report [1])

I present the report of the Foreign Affairs, Defence and Trade References Committee on the Commonwealth's treaty-making process, together with a Hansard record of proceedings, documents presented to the committee. [...]

I am pleased to table this report of the Foreign Affairs, Defence and Trade References committee into Australia's treaty-making process. The timing of this report could not have been better. Only last week, the China-Australia Free Trade Agreement was signed, tabled in the Australian Parliament and referred to the Joint Standing Committee on Treaties, for inquiry and report within 20 joint-sitting days, consistent with the process that has been in place for two decades. The Trans-Pacific Partnership is also entering its final stages of negotiations, with parliamentarians told recently they could access the draft text, but only after signing a confidentiality agreement.

ChAFTA and the TPP have thrown into sharp relief evidence received by the committee from industry bodies, the union movement, academic experts and other stakeholders that the treaty-making process is in need of reform.

During the committee's hearing the Department of Foreign Affairs and Trade, DFAT, which is responsible for negotiating, consulting and finalising free trade agreements, was a lone voice in supporting the status quo. All of the 95 submissions received by the committee and every witness appearing before it over two days of hearings, with the exception of the department, argued that the current treaty-making process falls short on a number of counts.

First and foremost, all treaties, especially complex free trade agreements, are presented to the parliament and subject to scrutiny only after they are signed by the government. That parliament is faced with an all-or-nothing choice when considering legislation to bring an agreement into force prevents it from pursuing a key scrutiny and accountability responsibility. It is no longer satisfactory for parliamentarians and other stakeholders to be kept in the dark during negotiations when Australia's trading partners, including their industry stakeholders, have access under long-established and sensible arrangements.

Second, it is pointless for JSCOT to conduct its inquiries after the agreements are a done deal and signed by the government. This does not provide for an adequate level of oversight and scrutiny. Parliament should play a constructive role during negotiations and not merely rubber stamp agreements negotiated behind closed doors.

Third, the department's process of consultation is not working, contrary to what officers told the committee at a hearing. Meetings and briefings with stakeholders are plentiful but they are not as effective as they could be and fall way short of stakeholder expectations, adding to their frustration.

Finally, there is an insufficient amount of publicly available information about agreements under negotiation, and independently sourced economic analyses of their likely benefits are not mandatory. In relation to the TPP, this has fuelled media speculation on the content of the agreement when certainty based on fact is required. It is unsatisfactory for complex trade agreements, which are years in the making, to be negotiated in secret and subject to stakeholder and parliamentary scrutiny for a few short months with no realistic capacity for text to be changed, and then for implementation of the legislation to be rushed through parliament unamended. This comes very close to making a mockery of the process and of parliament's involvement.

In addressing these problems, this report steers a middle course between doing nothing, which appears to be the entrenched position of the coalition government, and recommending that treaties be subject to parliamentary approval, which is unlikely to garner political support any time soon.

The opposition favours incremental change building on the package of sensible reforms introduced by the government in 1996. This is why the report makes practical recommendations aimed at improving the level of transparency in negotiating treaties and the quality of consultations between DFAT and stakeholders, and making parliament a real player in treaty making.

Specifically, the report's key recommendations are: that the Joint Standing Committee on Treaties engage more in the oversight of trade agreements under negotiation and not wait until the end of the process; that parliamentarians and stakeholders be given access to treaty texts on a confidential basis during negotiations and not a token look at the end, as with the TPP; that trade agreements be subject to an independent cost-benefit analysis prepared up-front at the commencement of negotiations; and that a model agreement be developed as a template for all future agreements that deal with complex issues such as investor-state dispute settlement, intellectual property and copyright.

These are practical measures that improve stakeholder engagement during treaty negotiations and entrench democratic accountability through effective parliamentary scrutiny using the existing committee system These measures also better serve Australia's national interest by providing a more strategic and less reactive approach to treaty making.

The report's recommendations are consistent with the bipartisan approach of successive Australian governments to trade liberalisation, including the pursuit of free trade agreements. They do not question the constitutional parameters of treaty making or undermine the executive's authority to sign treaties or hinder the ability of the Australian government to implement free trade agreements in a timely fashion. The recommendations can be introduced quickly and without the need for legislation.

Put bluntly, the government has nothing to fear in supporting these measures. This report will lead to a better treaty-making process and, ultimately, better treaty outcomes for Australia in the future. Doing nothing is no longer an option. Treaty making in Australia faces a number of challenges which cannot be met by continuing with the existing process unchanged. These challenges include the changing nature of Australia's international obligations and their intrusion into domestic law and regulation; new methods of consultation and negotiation adopted in overseas jurisdictions resulting in less secrecy; and ensuring that DFAT is adequately resourced with the knowledge and skills to negotiate, conclude and review complex free trade agreements.

NOTES

[1] http://parlinfo.aph.gov.au/parlInfo/download/chamber/hansards/99c8aee1-aa1b-48da-8cdc-593fed2e4d62/toc_pdf/Senate_2015_06_25_3556.pdf;fileType=application%2Fpdf

[2] Thanks to OpenAustralia for its tracking capabilities and analysis of parliamentarian voting and other behaviour. For more on Alex Gallacher see http://www.openaustralia.org.au/senator/alex_gallacher/sa