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For the record

February 14, 2014

Richard Ackland is incorrect when he says I was a supporter of mandatory sentences (”In a sentence, mandatory terms mean muddles”, February 7). In fact, I stared down and defeated Liberal opponents who in three state elections were advocating mandatory minimum sentences: in 1995 when John Fahey campaigned on Californian-style ”three strikes” sentencing; in 1999 when Kerry Chikarovski campaigned for mandatory minimum sentencing; and in 2003 when John Brogden campaigned for compulsory minimum sentencing. The reason we are having a debate now is that I blocked its introduction, that I defeated Liberals who on three occasions were pushing it.

And for the record, I was never talked out of mandatory sentencing by Chief Justice Jim Spigelman because I never believed in it.

West Bank settlements always illegal

February 14, 2014

The Australian, February 12 2014:

ANY confusion about Israel’s settlements in the West Bank can be easily resolved. There is a file in the office of the Israeli Prime Minister that will do it.

The file would be handy for John Kerry as he attempts to broker a peace. It would help Julie Bishop, who told The Times of Israel on January 15 she’d like to see advice that says settlements are illegal.

It was this advice that an Israeli prime minister asked for in 1967. Israel had just conquered what is now the West Bank. Prime minister Levi Eshkol asked Israel’s top authority on international law, Theodor Meron, whether Israel could settle civilians there.

Meron was a child survivor of the Holocaust and has since become one of the world’s leading authorities on the laws of war and a judge on the International Criminal Tribunal for the Former Yugoslavia.

His advice was unequivocal, and today he sticks to it. He said: “Civilian settlement in the administered territories contravenes explicit provisions of the Fourth Geneva Convention.”

When General Moshe Dayan in 1968 proposed building Israeli towns on the West Bank he blithely conceded: “Settling Israelis in administered territories, as is known, contravenes international conventions … “

Indeed, the Fourth Geneva Convention would appear to leave no room for argument. It states: “The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

Apologists for settlements try to argue that Article 49 bars the occupier only from “forced transfer” (my emphasis) of its civilians. This is not the interpretation accepted by the International Court of Justice or anyone else. The adjective “forced” does not appear in the convention.

I think I recognise a killer argument when I see one. The killer argument here is that Israel’s own legal authority, at the very start, told its government that settlements were illegal under international law.

It’s curious that supporters of Israel would choose to fight on this ground – their weakest.

When I was foreign minister the Australia/Israel & Jewish Affairs Council directed a furious effort at trying to block even routine criticism of settlements, as if this were more vital than advocating a two-state solution or opposing boycotts of Israel. Settlers themselves shatter all sympathy, as on the ABC’s Four Corners on Monday when Daniella Weiss stated they deliberately had occupied land to block the creation of a Palestinian state because “this land was promised to the Jewish nation by God”.

In Louis Theroux’s BBC documentary The Ultra Zionists, religious settlers declared Palestinians an inferior race. “This is the Jewish homeland and there’s never been a Palestinian people,” declared one, standing on a property formerly occupied by Palestinians. In one blast they defied centuries of priceless Jewish liberal and humanitarian instinct.

No one from the centre-Left of European politics is going to do anything other than repudiate this ultra-religious vision. “The kibbutz used to be the symbol of Israel,” a British Labour MP told me. “Now it’s the settlement bloc.” American Jewry is increasingly detaching itself from what it sees as a chauvinist, illiberal strain in Israeli politics.

Kerry warned Israel last month of the danger of delegitimisation, especially after the EU announced any economic treaties with Israel would carefully exclude – one may say boycott – business activity in Israeli settlements.

I know some supporters of Israel would want to point out that there are a range of settlement categories. My response is to quote Israeli prime minister Golda Meir, who once said: “If you’ve got to explain, you’ve lost already.”

In any case, there is available a far more intelligent defence of Israel. Concede that the settlement mission is controversial within Israel. Point out many Israelis are opposed to the settler vision of a greater Israel indefinitely governing a majority Arab population. Give up any argument that settlements are legal under international law and move on to more fruitful territory.

Insist that liberal democracy and shining economic success – even with constant threat of war – are the chief virtues of Israel, a state where six former heads of its security agency, Shin Bet, can appear in a documentary (The Gatekeepers) and criticise Israel’s occupation of the West Bank, a state where its own Supreme Court can overrule its government on use of torture or the direction of a wall opposed by Palestinian villagers, where historians freely challenge their country’s own foundation myth. Where, as Four Corners showed, its military personnel can speak out against the occupation.

In all these respects, Israel presents a benchmark of pluralism and democracy – a formidable one – for a future Palestinian entity. If Palestinians achieved it, they would set off a challenge to Arab dictatorship and theocracy everywhere and realise their own greatness.

Indonesians won’t tolerate coming off second best

September 30, 2013

Op-ed published in The Sydney Morning Herald today, September 30:

Australia’s national interest lies in having 10 resilient, prosperous and interconnected neighbours, lying across our northern approaches. This is unarguable. And it’s the context for our relationship with the largest ASEAN member, Indonesia.

Yet Australia’s relations with Indonesia are threatened by the political slogan “Turn back the boats”. It would be nice to know that when the shadow cabinet settled on the slogan, Julie Bishop had argued against it and for the imperatives of the Australia-Indonesia relationship.

Either way, the Abbott Government must recognise that within Indonesia public opinion creates foreign policy pressures, as it does in Australia.

Earlier this year on a visit to Jakarta I raised our concern that irregular migrants from Iran arrived in Jakarta, paid 25 dollars for a visa at the airport and then travelled to Indonesian ports and pay money to people smugglers to get into Australian waters.

In the context of our excellent working relationship with Indonesia, two of their ministers said they understood our concern. As a result, in August they were to end the visa-on-arrival system for Iranians. But the Indonesians made it clear they would be implementing this reform to meet their own domestic dynamics, to tidy up their own immigration system. In other words, they could not and would not be seen to be doing this as a favour to another nation.

This reflects a view in the Indonesian parliament and media that Indonesia always comes out second-best in dealing with foreigners. For example, last year President Susilo Bambang Yudhoyono reduced Schapelle Corby’s sentence by five years. This was in response to representations by Australia that had been made in private and not transmitted through public diplomacy.

The President, however, faced loud criticism from members of the Indonesian parliament whose members are strongly opposed to illegal drug use.

The Indonesian foreign ministry, in an unprecedented move, last week released minutes of previously confidential discussions with Foreign Minister Bishop. That can be read in only one way. Their government was managing domestic opinion, which wants to know their leaders aren’t caving in to intrusions on Indonesian sovereignty, especially by a brash new bunch of Aussie politicians.

Alexander Downer dismissed Indonesian sensibilities as “pious rhetoric”. Not helpful. Indonesian sensibilities have to be seriously weighed.

Two months ago the Indonesian Government was alarmed and offended by news that a so-called “Freedom Flotilla” of protesting Australians was headed for its Papuan provinces. This was a small and isolated protest, but an element of Indonesian opinion saw it as reflecting dark Australian designs to ultimately carve out their two Papuan provinces from the Republic.

We took the Indonesian concerns seriously. In that spirit I said that if protesters knowingly and after due warning violated Indonesian immigration laws they should not expect a million dollars of Australian consular attention to be expended on their case. And a DFAT officer on Thursday Island quietly persuaded them to return.

When I gave this news to Minister Marty Natalegawa at the G20 in St Petersburg he expressed satisfaction with the outcome and with Australia’s understanding of Indonesian sensitivities. What might have been to Indonesian public opinion a provocative Australian action never proceeded. We remain in agreement with the Indonesians that their two Papuan provinces present human rights concerns but no argument about sovereignty.

Taking a similar approach, Prime Minister Tony Abbott should drop his somewhat nutty policy of buying Indonesian fishing boats. Indonesia has an estimated 726,000 boats along its coastline. By the way, imagine how Australian public opinion, inflamed by talkback demagogues, would greet a comparable Indonesian incursion into our domestic policy?

Australian Representation at G20 Summit

September 2, 2013

Foreign Minister Bob Carr will represent the Prime Minister at the G20 Summit in St Petersburg this week.

The G20 brings together advanced and emerging economies representing 85 per cent of the world economy, over 75 per cent of global trade, and two-thirds of the world’s population.

This annual meeting of G20 leaders, from 19 countries plus the European Union, will discuss:

• strengthening the global economy;
• reforming international financial institutions;
• improving financial regulation; and
• promoting development growth and employment.

Australia has worked closely with 2013 host Russia throughout the year, as a member of the G20 troika of past, present and future hosts.

Australia will assume the Presidency of the G20 on December 1, 2013.

59 Australians in Syria warned to leave immediately

August 30, 2013

Foreign Minister Bob Carr today warned the 59 Australians registered as being in Syria to leave the country immediately, ahead of any international response to last week’s suspected chemical weapons attack in Damascus.

“Our message to these 59 Australians, including up to 6 children, is to leave Syria by road or air while it is still possible to do so,” Senator Carr said.

“Exit options are already limited and may be further reduced as airports and border crossings are closed.

“The risk of further violence is very high and there is no margin for safety in Damascus, Aleppo or any other city in Syria.

“There are also no effective means of providing consular assistance, particularly outside Damascus.

“Australians, particularly families with children, should exit Syria as soon as possible.”

Senator Carr said he was advised some commercial flights were still available from Damascus and it remained possible to depart via the main road crossing into Jordan.

However, Australians should avoid the Syria-Jordan crossing near the city of Der’a, the Tal Kalakh crossing into Lebanon, or any crossing into Iraq.

Australians still in Syria have also been urged to make immediate contact with either the Romanian embassy in Damascus, which represents Australian interests in the country, or the Australian Embassy in Cairo.

Australians concerned about friends or relatives in Syria should contact the Consular Emergency Centre on 1300 555 135.

Bombings in Northern Lebanon

August 25, 2013

August 24, 2013

Australia has joined other UN Security Council members in condemning bomb attacks on mosques in northern Lebanon on August 23, which killed more than 40 people and injured 400.

Foreign Minister Bob Carr said the attacks followed Beirut car bombings on July 9 and August 15 and a rocket attack on May 26.

“The Australian Government again offers condolences to the people of Lebanon for the horrific death and injury toll from these attacks on civilian communities,” Senator Carr said.

“We join with other Security Council members in strongly condemning these attacks.”

Senator Carr said Australians were also warned to reconsider their need to travel to Lebanon and to avoid any travel to southern Beirut where the majority of these recent attacks have occurred. Australians have also been advised not to travel to Tripoli in northern Lebanon, where yesterday’s mosque bombings occurred.

“Australians in Lebanon should monitor local media for information on any incidents or warnings and follow any safety instructions from local authorities,” Senator Carr said.

“They should also register their presence with the Australian Embassy.”

Senator Carr said Australians who was unable to contact friends or family in Lebanon and had concerns for their safety, should contact the Department of Foreign Affairs Consular Centre on 1300 555 135.

Fiji Constitution

August 25, 2013

Foreign Minister Bob Carr yesterday, August 24, welcomed the release by the Fiji Government of its draft constitution, which is expected to be formally promulgated on September 6.

Senator Carr said the draft constitution represented an important step forward for Fiji’s commitment to hold elections by September 2014.

“Australia stands ready to support Fiji in making credible steps towards a return to democracy,” Senator Carr said.

“We’ve provided $2.65 million to support development of Fiji’s electoral processes and will continue consultations with other donors and the Fiji authorities to identify further needs.”

Senator Carr said Australia would continue to encourage a constitutional process which results in a credible election, including through an independent elections office participation by political parties and civil society freedom of expression and assembly independent elections observation general acceptance of the election outcome by the people of Fiji.

Fiji’s interim Attorney General, Aiyaz Sayed-Khaiyum, released Fiji’s new Constitution on August 22. The interim government has invited the public to “provide feedback on the accuracy of translations” of the Constitution into vernacular dialects until September 6, when President Ratu Epeli Nailatikau will assent to the Constitution.

The draft Fiji Constitution includes:

Provision for a single-chamber Parliament of 50 members, elected on the basis of one person, one vote.

Elections to be held every four years, with the interim government reiterating its promise to hold elections by 30 September 2014 Suffrage for all Fijians over the age of 18, under a proportional representation system.

Individual regional constituencies to be abolished and replaced with one national constituency covering the whole of Fiji, as in The Netherlands and Israel.

A Prime Minister who commands the party with the most seats in Parliament to head the elected Government;

In line with current practice, a President as Head of State, who will also perform the ceremonial function of Commander in Chief of the Republic of Fiji Military Forces.

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