The Universal Declaration of Human Rights was agreed in 1948. In the years since, protocols and conventions established under it were designed to build a law-based world. The International Criminal Court finally came into force on 1 July 2002. This was a further major step in that direction.
It is more than unfortunate that our response to terrorism has reversed much of that progress and leaders in too many countries do not seem to understand that that is happening.The Government knows in relation to terrorism that the public is concerned, even fearful and can be made more fearful. These laws again play to conservative elements in Australian society.
It may be brilliant politics but will such laws make Australia secure? By its actions, the Government has long abandoned and lost the middle ground. The Rule of Law and "due process" has been set aside. Has the Government already created an environment in which people will accept too much if the Government says it will help in the fight against terrorism?
These new proposals should be opposed. No strong case has been made that these breaches in the Rule of Law will be effective in the fight against terrorism. The London bombings are probably used as a rationale, but apply these laws to London bombings, they could not succeed. The laws should be opposed on the basis of substance. The powers are arbitrary altering the quality of ASIO and of the police in significant ways. There are no real safe guards, there is no adequate judicial review.
The laws should be opposed because the process itself is seriously flawed. Instead of wide ranging discussion the Government has sought to nobble the field in secret and to prevent debate. The laws should be opposed because they provide arbitrary power which would be dependent on trust, a trust that has not been earnt.
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