Monthly Archives: May 2016

Always was, always will be Aboriginal land

Late in 2015, as part of the Breeza and Liverpool Plains Harvest Festival, I camped for a couple of days with friends and colleagues on Gamilarray Gomeroi land near Gunnedah, not far from Tamworth, in north-west NSW. We were there to participate in, and document, the campaign against five Watermark Shenhua coal mines slated for the go-ahead by the NSW Coalition government.

After a group photo, the chant went up: ‘always was, always will be, Aboriginal land’. As a vocal minority called out this message, local farmers shifted their feet – and eyes – uncomfortably.

The night before, a group of said local farmers – young men all – joined us at the campfire, got rollicking drunk, and voiced the kind of racist statements we hear at any gathering of the agricultural elite.

One young cocky interrupted a conversation to ask a 21year old Gamilaraay man whether he is Aboriginal. On being told ‘yes’, the cocky described his experiences employing Aboriginal farm hands, and commented on the physical build of Aboriginal people in the Northern Territory.

After we listened politely for a while, and then backed away slowly, the young Gamilaraay man asked me if I thought the cocky was, well, a bit of a eugenicist. How we laughed. What can you do? The guy actually confirmed that he was speaking to an Aboriginal person before spouting false and racist commentary about supposed traits – both physical and work-ethic – of Aboriginal people.

I am white, but to the best of my knowledge this is par for the course, in the 21st century.

A racist polity: does it matter?

I do not tell this story to deny the constructive partnerships that have been built between traditional owners, activists, and the agricultural elite (and researchers, and small business owners, and scientists and city and country) as we work together to stop coal and coal seam gas mining. These relationships have taken a lot of work to build, together. These relationships exist, and matter.

But such relationships do not nullify the fact that we live in a racist country. Our very identity as a single nation-state, when the continent and her islands are made up of over 300 sovereign Aboriginal and Islander nations, is a product of racist violence.

This is a difficult and confronting fact. The incident of the racist cocky – and of our chant at the coal mine protest site – came to mind when I heard the audio clip of Bill Shorten speaking at the 2016 Reconciliation Dinner. It is why, for me, it is noteworthy that in his speech, Bill Shorten said ‘this continent is, always was, and always will be Aboriginal land’.

The accepted political wisdom is that there are very few votes in this statement.

For the first time ever, National Reconciliation Week (NRW) has fallen during a federal election campaign. This is not in itself particularly noteworthy. Federal elections fall due every three years, and NRW was established by Reconciliation Australia in 1996, a mere twenty years ago. Twenty years is approximately 0.0004% of the period of human occupation here.

Recent racism

The year 1996 was the last year of the Hawke-Keating governments, the year the High Court of Australia recognised the partial survival of native title in lands under pastoral leases in its Wik decision. It was the year John Howard was elected to the Prime Ministership of Australia, on a policy platform that included extinguishing native title.

John Howard is renowned for exploiting our inherent racism for political gain. He never hesitated. His racist rhetoric followed a trajectory in lockstep with views expressed by Pauline Hanson, just as his parallel actions were designed to distance himself from her.

Naturally, Hanson copped a lot more opprobrium than Howard. It is not as if the Australian electorate is any less sexist than we are racist. Howard was hugely ‘successful’, with his ‘plausible deniability’ and his dog-whistling technique. He has ‘inspired’ and nurtured at least two generations of nasty racist young Liberals (so far): the morally moribund ‘black ops’ who have now come of age.

Not least of the Howard acolytes was the self-proclaimed bastard son Tony Abbott, whose meanness and madness was carefully nurtured as only a grossly hyper-masculine organisation can ‘nurse’ such creatures (for the Freudians: this is womb envy). Abbott’s development was eventually arrested only by a bigger ego, our current Prime Minister, Malcolm Turnbull.

And the nation, or at least the media and their polling partners, dominated by the same white male demographic, proclaimed that this Turnbull, another (richer) white man, could solve the problems of the nation, a systemically, endemically, sexist, racist polity.

For who? And how is that working out? Not by citing gun control and looking back on John Howard with rose-coloured glasses. Such an approach is delusional.

But then conservatives always put legacy before actual achievement. It is inherent to conservatism, devoted as it is to the past and maintenance of the status quo. Conservatives put retaining power first and legacy second. Governing the country comes a very distant third.

Could the Liberals be less terrible?

Look at it this way: Menzies had an excuse.

Yes, self-determination emerged in the post-war years as a central principle of human rights, along with the most endorsed document in the history of humanity, the Universal Declaration of Human Rights itself.

Yes, it was not until the late, great Gough Whitlam won the 1972 election that Australia was dragged into operationalising post-war human rights principles such as self-determination and thus land rights. Yes, Menzies was an Anglophile, a relic from an era when all Australians were born British subjects and it meant something – or it meant something to the white Australians.

But maybe Menzies was not completely terrible. He signed us onto the Refugee Convention (1951) and codified it into law (Migration Act 1958 (Cth)). In his limited and pompous way, Menzies represented Australia as a responsible member of the international community. White Australia, which was (legally) a half-century old by then, was not dismantled on Menzies’ watch, but post-war immigration boomed and white Australia became doomed. There was no way white Australia could remain intact under Menzies’ successors, no matter what their political hue.

And Howard? Howard is now a Menzies biographer no less. A self-seeking, legacy-profiteering acolyte. What is Howard’s excuse for being a backwards relic of another era, not just now, but while in government? Is it that he grew up under Menzies, and had arrested development throughout the civil rights and women’s liberation movements? That does not wash.

The entire ideology of liberalism is constructed on the assumption that men are rational. This, says the liberal tradition, is what differentiates men from other creatures. These socially constructed assumptions of superiority over, say, dolphins, rely on social Darwinism, while refusing to evolve. This in turn is founded in its own self-interest, or reasons, while calling self-interest rational.

See how that works? And we wonder why conservatives are incapable of dealing with, for example, climate change.

The refusal to evolve, the resistance to change, is inherent to the conservative project. Like its two icons, Menzies and Howard (Fraser rejected the party before the party rejected Fraser), the Liberal Party is deeply conservative.  Even its name is a lie.

It was not that long ago

In many ways, the Howard era (1996-2007) was defined by racism. It is his signature legacy, his lasting contribution to the Australian polity. he set out to see any progress toward racial equality or self-determination or Aboriginal rights forged by Whitlam, Hawke and Keating  – and even Fraser – under whom he was the worst treasurer this country has ever seen – be rolled back, undermined, attacked, destroyed.

Howard’s immediate and unreconciliatory amendments to the Native Title Act 1993 (Cth) set the scene for years of racist policy- and law-making to come. Later campaigns included demonising asylum seekers as terrorists (2001); and the abolition of the only national, elected, representative Aboriginal and Torres Strait Islander body in the land (ATSIC).

The final Howard election campaign (2007), in an effort to not lose his seat and government (he lost both) the then-Prime Minister and his ex-military Indigenous Affairs man Mal Brough announced they were sending in the army to Northern Territory communities because look at all those mining riches well black men you know what black men are like.

Just some of the indescribable damage we caused under the so-called Northern Territory Intervention is described here.

Nobody did more than Howard to ensure that post-war developments in human rights, in racial and gender equality, in land rights, recognition of Aboriginal rights and interests in land, in women’s liberation, environmental sustainability, climate change … were trashed, broken, swept away, kicked to the kerb. The man stood for nothing and nurtured no-one but his own: politically invested white patriarchal industrial, corporate, and social interests. And no-one did he nurture more than Tony Abbott.

This destructive impulse, or more likely frank incompetence, is evidenced by the fact that Howard failed utterly to ensure any form of succession. If anything, Howard completely bollocksed the potential succession out of spite towards his Treasurer and deputy. Although to be fair, Costello was no better in the political skills stakes by then. After ten years in power it would be beyond naivety to expect anything more from the Liberal Party than incompetent, lazy, born-to-rule complacency.

This is one key reason Howard lost his seat as well as lost government. People put up with the old man rapidly losing relevancy for so long, out of loyalty and respect and deference, but if he can not even handle succession?

Not all cultures are like this. But Howard and Costello benefit from a specific form of social organisation: white patriarchy. It is women and children who will continue to show loyalty and spend time and provide meaning to Howard in his dotage. Howard was sacked, but most claim to leave in order to ‘spend more time with family’. After a lifetime of grasping and game playing and destroying people’s lives, one or two may come to understand what actually matters. The huge cost to other people’s children and grandchildren, such as of the elders struggling under the Northern Territory Intervention, is unlikely to cross the tiny mind of a Howard or Costello.

That was then.

This is now

There is a reason I recount this disaster of a Prime Minister, a man whose reign is hailed as a success because he ‘won’, despite the lies, the massive and continuing damage, the racism and sexism and backwardness. Despite the meanness (Howard) and the madness (his protégé and chief head kicker, Abbott), that is this legacy.

This is the Australia in which our young cocky grew up. Hard to imagine, isn’t it? This person came of age, his entire high school years and development towards adulthood, was dominated by a backwards racist sexist, a small and nasty, petty and mean-minded, talentless suburban Liberal Party hack with no original ideas, no creativity, no vision, and no greater articulation for the future … other than that Australians be relaxed and comfortable.

To be a young white man coming of age in this period meant to win at that? How foul. Whoops! I mean what a time to be alive.

The point is not to defend these men, either old or young. The point is that they inherit and hold more social, political and economic power than anyone else – without having done anything for it, let alone having worked hard. It is axiomatic that the beneficiaries of structural advantages perpetuate the mythology of meritocracy most aggressively.  Under white patriarchy, when a trope is demonstrably untrue,the white men who benefit from it most are always in the forefront when it coms to reproducing the lie.

The point is to note that very few federal election campaigns see a robust Aboriginal policy platform at all, let alone a policy plank around Aboriginal identity, sovereignty, or rights.

In 2007, Kevin Rudd added an official Apology to the Stolen Generations to his policy mix, a promise he delivered on 13 February the following year.  It had been a while since a major party had the courage to put up what would be done for Aboriginal people, rather than what a future government would promise to do to harm Aboriginal people.

Few people would claim that the Apology had tangible benefits for the material circumstances of Aboriginal people. Many argue the opposite. Nevertheless, as a campaign policy, the Apology was couched in the language of democratic principle: a Royal Commission had made a recommendation, which was to Apologise, as a nation, to the Stolen Generations, to take collective responsibility for our actions. A social-democratic political party stated that if it won government, it would implement this recommendation, because social democratic ideology subscribes to collective action and collective responsibility.

This is how our democracy works. And it is in this context that we must understand what Bill Shorten said:

This mighty continent is, was, and always will be Aboriginal land.

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Lying lacks integrity, or IOKIYALNP*

Last week I wrote up a few tips and guidelines to the Malcolm election in which Australia, increasingly miserably, finds itself. I grumbled about the sexism of Dutton and the posturing of the Prime Minister and observed that the Treasurer clearly hates his boss.

The post was redundant within hours. Dutton surpassed his sexism with some carefully calibrated racist xenophobic lies. Despite obvious distaste from the Opposition, much of the commentariat and the electorate, Turnbull backed him up and Dutton doubled down. Clearly this dead cat had major work to do. Just how bad were those polls, those PEFO figures, the evidence that the budget handouts to business and the wealthy would not produce either jobs nor growth?

Maybe it was the news that Australian Border Force members are allegedly involved in smuggling rackets. You know the ones. That favourite of Dutton (and Morrison, and Abbott) which spends more on medals than the actual Australian Defence Force does. This pseudo militaristic outfit isthe solution to ‘people smuggling’ but according to Fairfax, a ‘network of Australian Border security officials’ are likely into tobacco smuggling.

Not to mention the troubling evidence from none other than Amnesty International that our government committed transnational crimes by paying people smugglers to leave Australian waters.

Perhaps it was the Pre-election Economic Fiscal Outlook, which World Today reported would revise revenue downwards from the imaginary growth figures that featured in the budget a mere two weeks earlier. The afternoon PM program then reported that the PEFO would be broadly consistent with the budget forecasts. Is this really some kind of achievement when, did I mention? The budget was tabled a mere two weeks earlier.

But then things got really messy.

Turned out the AFP was about to raid the office of a Labor senator and the house of a Labor staffer which they did in quite spectacular fashion. The raid was ostensibly over leaks of nbn™ documents. An nbn™ staffer apparently went along to advise the AFP and took photos of documents – documents which are now subject to a claim of Parliamentary privilege – but not before the former copper turned nbn™ staffer turned special assistant to the AFP could share said photos.

Or not. Who knows? If these were errors, the AFP is incompetent. If the AFP knew the documents were likely to be subject to a privilege claim and went ahead anyway, the whole thing was a redundant stunt. Redundant but for one possible purpose: the ever-present media, some of whom happened to be nearby when the night time raids were mounted. The media works in mysterious ways.

Speaking of craptacular mistakathons (© @YaThink) the AFP Commissioner then told the media that his organisation had not notified government of the raids. This was followed by a clarification from the Communications Minister that he had been advised of the raids but that he had not told the Prime Minister.

So what? Well, both men clearly have a poor understanding of the word government (the AFP Commissioner and the Minister are both members of executive government); and at least one of them is lying about whether Communications Minister Fifield was told.

Nobody has contradicted the claim that the Prime Minister was not told except, it would seem, the Prime Minister himself. Answering questions on the campaign trail, he was asked repeatedly about the raids he was purportedly not told about before the fact.

From the transcript:

JOURNALIST:

Prime Minister can you confirm that your Communications Minister knew about the possible investigation into the NBN links some months ago and didn’t tell you about it?

PRIME MINISTER:

I can yes, that’s right.

JOURNALIST:

He didn’t tell you about it but he knew about it?

PRIME MINISTER:

That’s correct.

So far, so good – if you believe what the Prime Minister places on the public record. After some babbling about an old white man megaphone who is a blight on our airwaves, the PM was asked:

JOURNALIST:

Prime Minister Turnbull, did you or anyone acting on your behalf have any contact with NBN Co or its’ executives about this leaked material?

The AFP Commissioner having denied telling anyone in government about the raids, and the relevant minister having said he was told but did not pass on this information, the journalist is checking whether the PM knew of the raids through some other avenue.

Here is what the PM said when asked if he had any contact with NBN Co about the leaks:

Can I say to you that I’m not sure what you mean by that question. But the only issue here, the issue here is the integrity and the independence of the Australian Federal Police.

Let me just make this point; it should be a matter of very great regret that the Leader of the Opposition and the Shadow Attorney-General sought yesterday to attack the integrity of the Australian Federal Police. Now, Australians recognise that the national security of this country, of our nation, the safety of our people, is indivisible. It involves our armed forces. It involves border protection. It involves police, federal police, state police. It is an indivisible chain of security. The integrity of our police forces is absolutely critical.

Now, the Australian Federal Police, when they conduct an investigation, firstly they make their own decision as to whether to investigate, which they did in this particular case and then how they conduct that investigation is theirs, their decision to make, independently of government. Now, what Mr Shorten is seeking to do is to suggest that the Australian Federal Police have acted other than with integrity or other than independently. He should be ashamed of doing so.

We know, as the Commissioner said, that the AFP act with the utmost integrity and they act independently of government as they should.

 Here is some of what Turnbull just did:

  1. began his answer with a signature distraction/think-time phrase
  2. expressed doubt in his own comprehension as he bought time to decide what question to replace the actual question with
  3. conflated AFP integrity with a lie about the Labor Party
  4. asserted, without a shred of evidence, that the AFP are above reproach and beyond questioning on issues of integrity and independence
  5. conflated an AFP raid with national security – which traditionally refers to threats from outside the nation state.
  6. implied that the AFP are not an arm of government. In fact, the AFP are armed agents of executive government
  7. backed his claim that the integrity of the AFP is above reproach by citing a man who either lied to the public or exposed the communications minister as a liar
  8. did not answer the question

And that is just a start. Turnbull was then asked about the NBN staffer who was present under the guise of holding expert knowledge as per AFP guidelines. He did essentially the same thing, in terms of not answering the question, switching the topic to the Opposition, and making unsubstantiated claims about the integrity of the AFP.

It is worth asking whether Turnbull would bother doing any of these things if there was a simple yes or no answer available to a properly briefed leader on the independence and probity of the raids. But apparently a man trained in first principles like presumption of innocence, and who ostensibly had no prior knowledge of the raids, also had deep insider knowledge of the facts and of culpability (emphasis added):

JOURNALIST:

Prime Minister, do you accept that given these documents were presupposed to be under parliamentary privilege the AFP violated their own guidelines by having an NBN Co person present there, taking photographs?

PRIME MINISTER:

I can’t comment on that. The documents, I note that there’s been a claim of parliamentary privilege made by Senator Conroy. The documents have not actually been tabled in Parliament, which is how parliamentary privilege is normally obtained. But really, I don’t want to get into the legalities of Senator Conroy’s determination to keep the police away from these documents, which were clearly stolen from the NBN Co. So he’s trying to keep the police away from those. He’s made a claim. Apparently it will be dealt with by the Senate when the Senate reconvenes after the election.

All I can say to you is that the police acted independently and with integrity. My Government respects that integrity and independence. It is a great pity that Mr Shorten and in particular his Shadow Attorney-General, plainly does not.

The documents were clearly stolen from NBN Co, according to the leader of the land.

Lets leave aside the presence of the former Victorian police officer turned casino security manager turned NBN staffer turned expert who was present at highly sensitive AFP raids in the full glare of the media in the middle of an election campaign where he reportedly took photos of documents and shared them before any privilege claim could be heard – this is all too murky for me.

What I can set out – in light of the Prime Ministerial claim that the documents were seized because the documents are clearly stolen goods – is a quick run down on how a criminal proceeding proceeds.

A complaint (or observation, when police are out on patrol) is made such that police form a reasonable suspicion that a crime has been committed or is about to be committed.

The police interview the complainant and begin to gather other evidence.

If that potential evidence includes items that the police reasonably believe are stored at a specific location, a warrant application is made to search the premises at that location.

The warrant is signed off by a magistrate or higher officer (depending on seriousness of the crime and other details).

The police attend the suspected address and properly execute the warrant.

If evidence that matches that described on the warrant is found, it can be photographed, seized, and removed by authorised officers of the state.

So.

We know each of these steps have been carried out, with the possible exception of the presence of the NBN staff member, which may turn out to be unauthorised at law.

Before anyone can state that the seized documents were stolen from NBN Co, let alone that the documents were obviously stolen from NBN Co, the following steps must be taken:

The police continue gathering evidence such as interviewing witnesses until there is sufficient evidence to arrest a suspect with a view to laying a charge or charges. The standard test here is whether the evidence can amount to proof such that a reasonable jury would be likely to convict the accused. Are there, asks the prosecutor, reasonable prospects of success in this case?

This rule is intended to prevent police from pursuing an unwinnable case against an accused person who merely conforms to the police idea of what a criminal is or looks like or who the police think should be locked up without credible evidence. There is a reason for thus rule. The reason is embedded in the preventative purposes listed.

Next, the police make an arrest ‘on suspicion’ of a particular offence. Then they question the suspect. Then they lay the charge (or release the suspect). There may be a bail hearing, if the police oppose bail. This is due to presumption of innocence. The accused is innocent until proven guilty, beyond reasonable doubt, in a properly constituted court of law.

There will be a mention to set various dates and may be a plea hearing. If the accused pleads guilty, we may state at this point and not before, that the documents were ‘obviously stolen’ – if and only if the charge is that of stealing these documents.

If a not guilty plea is entered, the evidence is tested before the tribunal of fact – either a jury, or a judge if the accused has opted for a judge-only trial. The prosecution presents its case. The defence presents its defence. Evidence is adduced. Applications are made for non-admissibility of prejudicial evidence (or not). Witnesses are examined and cross-examined (or not). The rules are explained by the judge if necessary.

The evidence and arguments are summarised. The tribunal of fact retires to consider the facts and circumstances of the case. A verdict is reached. The court is recalled. The verdict is delivered. If the verdict is guilty then, and only then, can we say that ‘the documents were obviously stolen’ – if the charge was that of stealing these documents.

The presumption of innocence is a cornerstone of the criminal law system. It is an acknowledgement of the fact that the state and its agents are known to abuse power. Far from the armed agents of the state being above reproach, the most foundational principles of our legal system – presumption of innocence, right to silence, guilt beyond reasonable doubt – are specific recognition of the inherent power imbalance between the citizen and the state; and of the inherent tendency of the state to abuse its power and to violate the rights and freedoms of its citizens.

This is historical fact. The evidence of state abuse of power is overwhelming, and has been for centuries. When the Prime Minister claims the AFP are beyond reproach, he contradicts what every first year law student learns about the foundational principles of our legal system and why we have them.

In other words, none of us know whether the documents were ‘obviously stolen’ until a guilty plea is entered or the evidence is tested in a court of law. Either of these two results then makes the fact obvious. That is what criminal law processes are designed to do: seek facts and evidence, construct those facts and evidence into a logical argument that examines all the circumstances, and reach a verdict, which is either the truth or becomes the truth, depending on how robust is the system and its agents.

Yet regardless of centuries of legal tradition, principles, and rules, a barrister-turned-politician, the highest-ranked leader in the land, Prime Minister Malcolm Turnbull, got out his crystal ball and told reporters that the documents were obviously stolen.

This is not his call to make. It is a matter for the police, the accused, and the courts.

 

 

 

*IOKIYALNP: It’s okay if you are Liberal National Party (like living within your means, for example). Originally coined as internet slang to describe the way Republicans in the USA apply one rule for the party (family values and rampant adultery, for example); and another for everyone else.

 

The Malcolm Election: A Primer

As week two of the 2016 federal election campaign kicked off, there was no more important news than the findings by The Australia Institute (TAI) which clearly show the 2016-17 budget measures will not, in fact, create either growth or jobs.

In short, taxpayer-funded government hand-outs to business and the wealthy do not trickle down to those in greatest need, but are scooped up by – this will shock you – business and the wealthy.

Who are the wealthy?

Australians who enjoy an income of $80,000 or more per year want for absolutely nothing. We can choose between public and private education. Between public and private health care. We do not experience the systemic criminalisation of poverty. Nor the anxiety and transience of housing insecurity. When we turn on a tap, at home or at the park, clean potable water comes out. We can take at least one domestic holiday each year, and save for overseas holidays – the trip of a lifetime, biannual sojourns in the Pacific. Either way, other than our ugly sense of entitlement, we are just fine.

The electorate which reaps the greatest windfall from the jobs n growth budget is Wentworth, the extraordinarily wealthy enclave in the eastern suburbs of Sydney and seat of Prime Minister Malcolm Turnbull.

Meanwhile, the Grattan Institute released findings that the slated company tax cuts would stimulate growth by  0.6% at best and it would take 25 years ‘for the economy to feel the full effect’. In other words: nothing. Margin of error stuff. The ‘growth’ half of the Liberal Party slogan ‘jobs and growth’ is demonstrably false.

In response, the Prime Minister did not engage with the figures. He did not provide a nuanced rebuttal. He did not display his fabled intellect, another lie, so vigorously promoted by his crony commentator mates. He did what weak and lazy conservative thinkers always do: asserted that a demonstrable lie is somehow natural, inevitable, common sense, an infallible truth.

Turnbull said: “It is well understood and well accepted that if you reduce the level of business taxes, company taxes, then you will get a better return on investment, you will see more investment and you will see more employment and that is the inevitable consequence of it.” (The Guardian, Friday 13 May, 2016).

Over at The Australia Institute, economist Richard Deniss found that the government hand-outs to business in the 2016-17 budget will create as many jobs over 30 years as the economy created last month on its own. That is, the economy created more jobs in a month, without a $50 billion hand-out from the saintedAustraliantaxpayer™ than the hand-out to business will create over the (very) long term.

Who is the saintedAustraliantaxpayer™?

Anyone who buys a good or service. It took a Disability Support Pension (DSP) recipient to remind the nation and the foreign-owned Murdoch press of this fundamental fiscal fact. This displeased said Murdoch press, which is neither Australian nor pays tax, but is down for persecuting a sexual assault survivor who is reportedly now on suicide watch.

(In fact we paid $882 million of our tax money to the foreign-owned Murdoch press. This windfall was sent via a morally bankrupt government and a depleted and frankly exhausted Australian Tax Office, which under the profligate and economically illiterate Treasurer Joe Hockey was forced to shed 4,400 jobs in 19 months.)

Disunity and Misleading Claims

As well as the completely unfounded claims (lies) the government broadcasts about its budget, the company tax cut (like the date of the budget itself) saw the Prime Minister and the Treasurer at odds, again, over whether Treasury had done the costings. Did the Prime Minister lie about whether Treasury had done the costings? Why not ask FactCheck, the ABC service to be axed by its brand new ex-Murdoch CEO in the middle of an election campaign?

What does it matter whether the Prime Minister forgot to tell the Treasurer that his re-election strategy relies on a grandiose announcement about a double dissolution over a bill nobody knows or cares about and that this would mean bringing the budget forward because Malcolm?

Who cares whether the Prime Minister lied about Treasury costings and the Treasurer therefore ordered Treasury to release the costings which is clear evidence that the Treasurer hates the Prime Minister and that the government is dysfunctional and in chaos but whatever because Malcolm.

Why not trust a banker, a barrister, a politician in bed with the real estate industry? Malcolm!

In the end we found out that the cost of this pre-election hand-out to Liberal Party donors business would be nearly $50 billion – for basically no return, except a prop on which to hang a slogan. That slogan of course is jobs and growth. The analysis above clearly shows that neither jobs nor growth are an inevitable iron-clad law of economics flowing from budget promises, as the Prime Minister would have us believe. Jobs and growth is nothing but a false and empty slogan of the most Abbottesque variety.

Next came The Australia Institute findings that the company tax cut would represent a massive $10 billion wealth transfer over ten years from Australia to – wait for it – the USA. Not to a developing country. Not to an aid project. Not to investment in renewables or global peace or education for girls (the single most effective way to change the world).

In response, the Finance Minister did not engage with the figures. He did not provide a nuanced rebuttal. He did what weak and lazy conservative thinkers always do: asserted that a demonstrable truth is not true. The Australia Institute findings are ‘factually incorrect. Completely and utterly false’ blathered Cormann, as we stood by for his substantiating evidence. But no, his entire argument amounted to the blare of a quiz show horn. Bzzzzzt. Wrong.

Recall that the Prime Minister relied on not just false but disproven productivity claims for the Australian Building and Construction Commission (ABCC) in his letter advising the Governor-General to dissolve Parliament. The Attorney General QC produced a 13-page letter in support. The Governor General reproduced the false claims in his speech to the amassed MPs who the Australian taxpayer flew back to Canberra at an estimated cost of $20 million to reject a bill we knew would be rejected. (Did the Governor General mislead parliament? My case for the affirmative here).

Such expensive gestures afford huge electoral advantage to the incumbents. Of course, for those smashing economic managers of the Liberal Party, no expenditure of other people’s money to shore up political advantage is too great. Abuse of incumbent power is also no problem.

Meanwhile the Prime Minister, not known for decisive action or sound judgment, dithered and waffled about the budget and a double dissolution, as his fortunes sank in the polls (stand by for fear-mongering on terror and asylum seekers). Meanwhile, his Treasurer hastily scribbled some numbers on the back of a nearby envelope. Young people, Morrison muttered, pencil clamped between his teeth. Health and education no no scrap that. I know. Give business yet another hand-out and troll young people by making another business hand-out look like a constructive policy.

Done.

Democratic process: on policy and law

None of the budget thought bubbles measures have been tabled as bills or passed by both houses of parliament. The government is in no different a position to the opposition: whatever they say is a promise, not a law.

Supply was passed, unamended, the day after the budget was tabled. New policies, which require new appropriations, are still up for grabs. Electoral fodder, nothing more.

At any time, but more so at times like this, it is important to remember that legislation is the codification of policy; and policies are units of ideology. Laws are made by politicians, who belong to political parties, which in turn hold to specific ideologies. The law is not neutral, either in creation or application. There is no magic political-evaporation pond in which to soak our laws when they come into force. Law is inherently political, because politicians make laws.

This is how democracy works. An election is called. Candidates for two major and some minor parties traverse the country, communicating their policy platform to the voters. The policy platform is comprised of planks. In the old days this was a direct metaphor for the stage on which the politician stood, like soap box for public speakers.

One party or coalition secures a majority of seats in the House of Representatives and forms government. Its promises, founded on its ideology, do not suddenly magically turn into law (the great Gough Whitlam came close to performing this magic in 1972, rest his soul). Each policy or promise must be dumped or broken or drafted into a bill and passed by both Houses of Parliament. No new policy, no hand-outs to business, whether tax cuts or the dehumanisation of young unemployed people, are yet law. What is happening in this campaign is a simple abuse of the power of incumbency by the incumbents.

Decoding election messages: the Malcolm campaign

The media has a designated role in the democratic process. This designated role is not to compete between gotcha moments and creepy selfies for the nightly lead. In the English tradition, the tradition forcibly imposed on this continent and her islands, the media is the fourth estate. The first, second and third estates are the Church, the landed gentry (Lords), and the peasants (Commoners).

As an estate, a stakeholder in a democratic system of government, the media have an obligation to report in the public interest. This includes informing the electorate of opposition policies, so the public has a choice on election day. If the electorate are not informed of opposition party policies, we only hear about government, and thus lack informed choice at the ballot box. There are words for one-party states, and none of those words are democracy.

The traditional media method of discharging this duty is to proclaim a commitment to the journalist code of ethics and to balanced reporting. Of course balance is not for vested conservative interests. The Murdoch empire remains a shrieking cabal of nasty privileged sexist racist cronies who broadcast their shameless partisan garbage to the detriment of all but the vested interests of their sadistically selfish boss.

But the supposedly more responsible media are not balanced either. This is partly a function of bullying by conservative governments and big business, via funding cuts (ABC and SBS) or a big bank withdrawing its ad buy (Fairfax).

But it is also a function of the most powerful structural advantage in any democracy: incumbency. The media subscribes to a structural hierarchy of privileged voices. The most powerful voices in society are assumed to be the most important voices.

Never mind that democracy claims to be government by the people for the people; or that the Rule of Law announces that we are all equal before the law; or that the most endorsed document in the history of humanity, the Universal Declaration of Human Rights, says all humans are born free and equal in dignity and rights.

No. Put all that to one side and, like capitalism itself, afford the highest platforms and most prominent positions to the most advantaged. Those from whom we have already heard, whose voices we hear all the damn time; who rarely offer a new insight or creative approach (and never an impartial one); whose social power eclipses all others; and who are largely responsible for the social, geopolitical, and environmental mess in which we find ourselves and in which we have placed our overburdened and burning planet.

Value is scarcity, or so my economics professors told me. Yet here we are with a surplus of vested white men and the occasional woman whose views are largely dull and redundant anyway, but also, according to economic orthodoxy, being in surplus and all, of extremely low worth. It is these voices that the traditional media foregrounds as though they are of the greatest value. We have an over-supply of smug white men. We hear from them endlessly. The bigger problem is how to shut them up. These voices lack substance, honesty, morality, inspiration, creativity, insight… anything, really.

Except incumbent power.

Under this model, every mainstream media campaign report leads with the incumbent. It should be noted that the current incumbents are ministers in a deeply conservative and inept government, sexist and racist and homophobic to a man and woman. These values are thus hyper-visibilised and normalised, irrespective of whether Australians see such ugly positions to accurately represent our values.

Government representatives of the people: a sample

We might hear from AG George Brandis QC, ‘confirming’ that prevention of an imminent terror attack is a fact (when it is not only an unproven claim but sub judice, as the good QC knows, or ought to know).  Brandis is presumably on terror-mongering duty to rehabilitate his dismal reputation as a luddite who failed to notice that numerous letters from Man Haron Monis to his office amounted to overwhelming evidence of Monis’ violent tendencies – which ended in the Sydney siege.

Or we get Scott Morrison saying the Opposition has blown a hole in ‘the budget’ (the Opposition does not control the budget. That would be the job of the Treasurer) and saying ‘this decision, the decision that we have taken today, we had already accounted for’. Okay, Scott. You accounted last month for a decision you made today, but Labor did not. Back in your time machine, mate.

The temporal dissonance is bad enough, but the failure to ever back their own policies with anything other than ‘this is inevitable’ conservatism, or ‘my unprovable claim is a fact’ terror-mongering, or ‘Labor Labor Labor’ from a rabble who have been in government for 2.5 years?

Who else is out and about flinging misleading claims like defecating monkeys?

Why hello Peter ‘plod’ Dutton. Hello you of the recently purchased $2 million+ Palm Beach pad, trolling Tanya Plibersek on her household income. It is an unwritten bipartisan rule of politics to never draw attention to the exorbitant amount we pay politicians for their phony, petty posturing. But household income? Oh, that’s okay. In this instance. You know why? Because Plibersek is a woman.

Ask yourself: have you heard anyone, despite its ostentation, refer to the enormous wealth of Lucy Turnbull nee Hughes? Do you know whether Malcolm or Lucy, and we are talking an extremely high wealth base on any measure here, comes from the wealthier family circumstances? Not a whisper? Yet here is Dutton making veiled references to Plibersek’s husband. Anyone who has followed the fortunes of Mr P knows what else Dutton is implying, a disgusting smear unworthy of further consideration.

And then there is the Prime Minister. The shtrong (pause, deepen pitch, take breath) Prime Minister. A man who told Freemantle workers that massive government contracts are innovative, talented, the future of Australia, twenty-first century.

Let’s take a closer look. The  announcement is a government contract for patrol boats. Are we at war? Is someone invading our remote island?

A: Australian patrol boats are used to turn back desperate people fleeing persecution, many fleeing persecution of our making, in Iraq and Afghanistan and Syria. So the Turnbull vision of innovation for the future of Australia is to further persecute desperate human beings. Nice.

The announcement was for a government contract. Not a start-up, not the invention of refrigeration, or commercial application of wi-fi, or economies of scale on solar cells. It is a government contract to build patrol boats. This, says Turnbull, is Australia at its best. This is our future. Lovely.

Turnbull is talking about a taxpayer-funded order for military hardware in peacetime. The claims he makes for this ordinary procurement decision are so grandiose, so doused in rhetoric, that there must be a greater ideological purpose. What could this statesmanlike purpose be? When on analysis the rhetoric comes up isolationist, socialist, and racist? Can that be right?

Yep. Turns out the only point is the re-election of the Malcolm government, which stands for literally nothing but itself and its donor mates. Nothing new there, then.

Turnbull followed his racist isolationist speechifying with a visit to Darwin, where the Northern Territory government has leased the port to a Chinese government entity for the next 99 years. This is obviously the greatest threat to national sovereignty since the British took by force the sovereignty of over 300 nations in 1770.

Here on soil stolen by the British and handed to the Commonwealth of Australia which leased it to the Chinese, Turnbull waxed lyrical on shtrong border protection. Think about that.

Is he being wilfully ignorant? Stupid? Has he not heard of soft power, despite the cheer squad who laud his ‘intellect’? Or does he just love money and hate brown people seeking asylum? It is very hard to tell.

Just kidding. It is very easy to tell. Despite being demonstrably terrible at his job, Turnbull likes having it; and when a vested, powerful, wealthy white guy likes what he sees, woe betide anyone who stands between him and his object of desire. No isolationalist nationalist xenophobic rhetoric is too low to go.

Six More Weeks: A Survival Guide

Happily, the way to understand media coverage of all this woeful garbage is not difficult. It is not intellectually demanding, or more complex than that, as people out of their depth in public are trained to say.

First, every day is opposite day in the Liberal Party. The reason is that their policies are designed to benefit their own, their base and their donors; but must be sold as if the policy will produce some general social good – in order to win the election. While the Grattan and Australia Institutes have done fantastic work, and our system requires evidence to debunk the myths and lies being flung about, there is no need for the average punter to decode or analyse or crunch numbers. Just ask two simple questions:

  • Is the Minister insisting his claim is true without any substantive evidence? It is false.
  • Does the decision in fact benefit business and the wealthy? Then that is its point.

The dedicated punter can perform further checks. Turn the claim around, and see if its exact opposite seems to resonate, to more closely correspond to the facts in the world.

  • Turnbull is a good economic manager: take a look at the deficit
  • Turnbull can be trusted: Turnbull has reversed his positions on GST, state tax collection, marriage equality, the Republic, climate change (etc)
  • Turnbull is a good leader: Turnbull failed the Republic campaign and failed on climate as Opposition leader. See also NBN. And Godwin Greche (etc)
  • Turnbull is an intellect: Turnbull repeats the same six words at every outing
  • Turnbull is progressive: see marriage equality and climate change, above. See also Safe Schools, cashless welfare, Gonski, university fee deregulation, eating disorder helpline, upfront pathology costs (etc)
  • Turnbull is better than Abbott: Turnbull bangs on about terror and border protection at every opportunity
  • Turnbull is articulate: Turnbull ums and ahhhs like Abbott. Turnbull uses conservative tropes every time he speaks. Turnbull patronises senior journalists to prevail over otherwise much stronger counter-arguments to his claims.

And so on. And on. For six more gruelling weeks.

 

 

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