Groping, grinding, grabbing: new research on nightclubs finds men do it often but know it’s wrong



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Young Australians use nightclubs as a place to relax and perhaps meet a new sexual partner. Many regard some phyiscal contact during the mating ritual as off limits – but still put up with it.

Alfred Allan, Edith Cowan University; Aimee-Rose Wrightson-Hester, Edith Cowan University, and Maria Allan, Edith Cowan University

We have conducted what we believe to be Australia’s first quantitative research on young people’s behaviour in nightclubs and the findings present a disturbing picture.

The research suggests that behaviour is taking place at these clubs that would be criminal if non-consensual, and totally unacceptable at the very least.

However, the behaviour is somehow tolerated – in some cases almost encouraged. Many young people think they are too conservative, and that the behaviours they witness must be normal and acceptable in a nightclub setting – so they just put up with it.

Men engage in this conduct – such as groping, grabbing, and pinching a person on the buttocks – far more than women. Our research was confined to behaviour between heterosexual men and women. The respondents came from across Australia.

On the relatively rare occasions when women initiate such conduct, respondents of both genders regard this as somewhat more acceptable than when it’s men engaging in the conduct.

A values and accountability-free zone?

On any given weekend, young Australians flock to nightclubs and bars to have a good time and, in many cases, find a sexual partner. For years, nightclubs have been hot spots for sexual behaviour that would be deemed out of order in any other setting.

We hear of women who avoid nightlife settings because they dislike their “grab, grope and grind” culture. We also know these behaviours can potentially cause some people to feel degraded, threatened or distressed .

In our study, we explored the norms of sexual behaviour in nightclubs and bars as experienced by 381 young Australians.

They comprised 342 women and 39 men, all of whom identified as heterosexual. They were aged 18 to 30 and had been to nightclubs in the past six months. We recruited them using social media, given the high level of adoption of these platforms by nightclub-goers. We were able to find only 39 male respondents because it’s very hard to get men to open up on this subject. Statistically, this is less than ideal.

We posed the various scenarios listed below, then reversed the role of male and female for each scenario. The third scenario – grinding – is clearly non-consensual, and so would amount to criminal assault. The other scenarios might well amount to criminal assault if non-consensual.

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Both genders are more accepting of these behaviours if the perpetrator is a woman.

This finding is difficult to explain. The explanation is likely to be complex, but several factors probably play a role.

It could be that the rise of feminism and the associated sexual liberation of women might have influenced participants from both genders to be more accepting of these behaviours by women.

Men’s behaviour more likely to cause harm

Or could it be that participants believed this type of behaviour by men could cause more harm to recipients than women would cause. This belief is also echoed in the media and society, where the voices of male survivors of sexual assault by women are dismissed or belittled as the harm caused to them is often perceived to be less than that of a female victim. Women are sexually assaulted by men in far greater numbers than the number of men sexually assaulted by women.

In follow-up questions we posed after the study, several men indicated that the more attractive the woman engaging in the unacceptable behaviour was – attractive as perceived by the respondent making the judgement – the more acceptable the behaviour would be. No woman said anything similar of such behaviour by men.

Other research has previously found that men are welcoming of most sexual behaviour in nightlife settings. In relation to the rare instances of women groping men at nightclubs, men have said women cannot help themselves around a young attractive man and that they, the men, do not see the behaviour as a threat – more as a [self-esteem boost].

People think they must be more prudish than their peers

Participants in our study reported they often observe these four behaviours in nightlife settings. Why do they suppress their personal values in this setting and not in others?

Many young people wrongly think that most other people find the behaviours acceptable. Research shows it’s a common phenomenon for people to wrongly think they are more conservative than their peers. They therefore subjugate their personal values in nightlife settings because they think most other people find the behaviour acceptable.

Another reason is patrons find it difficult to identify whether the behaviour is consensual or not. The continuum of consensual sexual behaviour in nightlife settings extends much further than in most other public settings, such as workplaces or the street – that is, an act that would clearly be assault on the street might conceivably be mutually consented to by two people in a nightclub.

Some people go to nightlife settings to find sexual partners, and flirting and hook-up behaviours often occur. There can also be significant pressure on people, especially men, to find a sexual partner, which can lead to riskier and more aggressive sexual advances.

So what’s the solution?

Nightlife settings serve an important social function as a place where young people relax, socialise, develop their social identities and find sexual partners. Society should allow them that opportunity, but at the same time the nightclub should not necessarily be a place where personal values and integrity are left at the door.

One option is to educate young people about criminal behaviour – if they are willing to listen.
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The lock-out laws in some states are an overreaction by authorities to engineer change in these environments. But how can young people bring the right balance to what happens in nightlife settings?

One possible way forward is to use what we academics call “normative interventions”. Such interventions involve first letting young people know what the majority of them actually think, and that is that “grabbing, groping and grinding” in nightlife settings is wrong. Just because it seems like everyone is doing it, doesn’t make it OK.

The next step is to encourage patrons to speak up when such behaviours occur, whether they are the victim or a bystander. Research in other settings shows it’s possible to develop programs that encourage people who observe such behaviour to intervene, such as confronting the perpetrator or reporting the incident to authorities. In further research currently underway, we are looking more closely at the role of consent in nightclub conduct.The Conversation

Alfred Allan, Professor, Edith Cowan University; Aimee-Rose Wrightson-Hester, PhD Candidate, Edith Cowan University, and Maria Allan, Lecturer in Psychology, Edith Cowan University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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How the Australian government is failing on countering violent extremism



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Australia has some of the toughest anti-terror laws in the world. But the government isn’t doing enough to prevent extremism at the community level.
David Crosling/AAP

Keiran Hardy, Griffith University

Countering violent extremism (CVE) programs are recognised globally as a critical part of successful counter-terrorism strategies. In addition to anti-terrorism laws and surveillance powers, governments need CVE programs to address the underlying causes of terrorism.

Australia’s counter-terrorism strategy remains focused on prosecuting individuals for offences like being a member of a terrorist organisation or conspiring to plan a terrorist act. Prosecution is a necessary response to terrorism, but it remains a short-term solution.

When it comes to investing in longer-term, community-based approaches to preventing terrorism, my research has found that the federal government is failing. An analysis of federal budget documents suggests that dedicated funding for CVE programs has dried up and grant money is no longer being allocated.

And at the state level, the majority of funding is still being funnelled into policing and prisons, rather than longer-term community solutions.

What are CVE programs?

“Countering violent extremism” is a broad term that refers to strategies for addressing terrorist ideology and radicalisation.

These programs are generally designed to prevent homegrown terrorism and include youth mentoring projects, interfaith sporting activities, police-led intervention programs and efforts to “deradicalise” hardened terrorist prisoners.




Read more:
Yes, let’s have a frank and open discussion about the causes of extremism and terrorism


CVE programs have proliferated around the world in recent years. My current research compares Australia’s approach with those in Denmark, Germany, Sweden and other countries in Western Europe. In the Muslim world, countries from Saudi Arabia to Malaysia have also developed similar strategies.

Recognising the importance of community programs

Formally, the federal government recognises community-based approaches to CVE as a crucial component of its counter-terrorism strategy.

The National Counter-Terrorism Plan establishes that the federal government will:

provide oversight and coordination of nationally significant CVE projects to prevent, divert or rehabilitate individuals from violent extremism.

This includes “practical efforts” at the Commonwealth level to “build the resilience of communities to violent extremism”.

Dedicated CVE funding was first included under the attorney-general’s portfolio in the 2010 federal budget. At the time, the Rudd government allocated A$9.7 million to support a “Building Community Resilience” grants program over the following four years.




Read more:
Police can play a greater role in community-based efforts to tackle radicalisation


The Liberals initially dropped Labor’s CVE funding after taking power in 2013, but later reinstated it in the mid-year outlook. This followed backlash over the failure of the Abbott government to engage appropriately with Muslim communities.

The 2017/18 federal budget allocated A$9.3 million to CVE programs for that financial year, with that amount dropping to A$6.1 million over the forward estimates.

Funding quietly disappears

Since the creation of the new Home Affairs Department last year, it appears the federal government has again backtracked and decided to no longer fund these community-based programs to CVE.

The 2018/19 federal budget allocated A$158 million for what used to be the attorney-general’s National Security and Criminal Justice program. However, the line item dedicated to CVE, which previously funded grants to community and grassroots organisations, was removed.

It is possible that some of this A$158 million is still being allocated to community-based initiatives, but there is no indication this is the case.

The CVE section on the Home Affairs Department’s website links only to Living Safe Together, a community-based grants program introduced by Abbott’s government. The program, however, no longer appears to be active. The grants were all awarded in 2015 and the longest was for an 18-month project. The latest news on the website dates from November 2016.

In a Senate Estimates hearing last year, a representative from the attorney-general’s CVE centre confirmed that the A$1.9 million in grants awarded through the program were designed as one-off payments.

The Department for Social Services, meanwhile, has allocated A$36.6 million to a community resilience fund, but these projects are not designed to address the risks of terrorism.

So, what does this mean in terms of Australia’s commitment to community-based counter-terrorism programs? With dedicated funding now apparently gone, it remains unclear.

State governments trying to fill the void

Fortunately, the states are taking on a more significant role in CVE. However, their investment in community-based approaches remains small compared to funding for counter-terrorism policing and prison de-radicalisation initiatives.

Recently, the NSW government announced A$47 million to increase the capacity of the Goulburn Supermax prison and A$89 million to fund a program to monitor high-risk terrorism-related offenders.

At the same time, just A$12 million in funding was devoted to community-based programs.

Victoria has established a community resilience unit within the Department of Premier and Cabinet and allocated A$14.1 million over two years to CVE programs.




Read more:
Missing the mark: we don’t need more anti-terror summits or pressure on Muslim community leaders


Yet, the state is allocating A$20.9 million to implement a rash of harsh new anti-terror laws, including allowing police to detain terror suspects for up to four days without a warrant. It’s also investing A$25 million to provide Victorian police with long-range firearms to better respond to terrorist attacks.

Queensland’s latest budget included A$53.8 million over four years to enhance counter-terrorism policing, with no dedicated CVE funding.

The state is investing A$46.7 million to build a new counter-terrorism and community safety centre, which will include firearms ranges and a “life-like scenario village” for police to practise responding to terrorist incidents.

What should the federal government do?

The federal government needs to clarify whether it supports community-based approaches to CVE, and if so, whether it will continue to fund them. One-off payments to grassroots organisations are not adequate to address the underlying causes of terrorism.

Community-based CVE programs are not a silver bullet, nor are they a replacement for law enforcement and intelligence gathering. But even a small amount of money for CVE programs in the next federal budget would signal a commitment to this strategy and allow for new pilot initiatives to be developed. These programs could then be evaluated by researchers to build an evidence-based understanding of their impact and effectiveness, which is currently lacking.

Australia has led the world in creating some of the most rights-infringing legal responses to terrorism. These include ASIO’s questioning and detention warrants, preventative detention orders and powers to strip the citizenship of returned foreign fighters.

It should aim instead to be a world leader in developing innovative, community-based approaches to CVE.The Conversation

Keiran Hardy, Postdoctoral Research Fellow, Griffith Criminology Institute, Griffith University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Explainer: why the UN has found Myanmar’s military committed genocide against the Rohingya



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Medicins san Frontieres estimates that so far, over 13,000 Rohingya Muslims have died in the conflict.
Shutterstock

Anthony Ware, Deakin University

The UN Human Rights Council released a new report last Monday, which calls last year’s violence against the Rohingya “genocide”.

Released almost exactly a year after the start of devastating violence that drove 671,500 Rohingya Muslims into Bangladesh within a matter of months, the report found conclusive evidence that Myanmar’s armed forces committed war crimes and crimes against humanity. Using the strongest language to date, the report calls for the Myanmar commander-in-chief, Min Aung Hlaing, and five generals to be prosecuted.

What was the UN investigating?

The UN Human Rights Council formed a Rohingya investigating commission in March 2017, five months before the start of the violence that led to the mass flight of Rohingya refugees. The initial reason for the commission was a five-month military “area clearance operations” in Rohingya communities from October 2016 to February 2017, which resulted in widespread allegations of human rights abuses and war crimes.

The commission was set up to investigate alleged human rights violations by military, “with a view to ensuring full accountability for perpetrators and justice for victims.” The August 2017 violence occurred after the commission had already begun, but obviously gave it more to investigate.

The “area clearance operations” were triggered by attacks against security forces on October 9, 2016, by a new militant group called the Arakan Rohingya Salvation Army (ARSA). What really spurred the military into action was that the same day as the attacks, the organisation uploaded a series of 11 videos calling for international funding and fighters to join their jihad to liberate northern Rakhine State for the Rohingya – links were quickly found between the leader and the Taliban.

Apparently fearing a situation similar to the ISIS-linked Marawi crisis in the Philippines, the Myanmar army launched massive operations. But this military action failed to root out ARSA, and they responded with a second, much larger attack on August 25, 2017.

The Myanmar government quickly labelled the coordinated attacks by ARSA on over 30 security posts on a single night as “terrorism”. In response, the military quickly launched even more brutal counter-terrorist operations.

Obviously, any government must respond to violence perpetrated against its security forces. But the UN commission has been investigating alleged human rights abuses by the Myanmar army against the Rohingya people as a whole, as they tried to contain the armed threat.

What is the state of the Rohingya crisis?

The onset of brutal military action in their communities led to mass panic by Rohingya communities. Over half the Rohingya in Myanmar were so terrified they abandoned everything and fled to Bangladesh. Médecins Sans Frontières (Doctors Without Borders) quickly estimated that at least 6,700 Rohingya died in the military violence in the first month alone. Total Rohingya deaths were perhaps over 13,000 people.

By March 2018, the UNHCR counted 671,500 Rohingya who had fled Myanmar since August 25, 2017. Counting those who had fled earlier violence, the UNHCR was looking after 836,210 Rohingya refugees in camps in Bangladesh.

Given some remain outside the camps, the Bangladeshi authorities claim 1,092,136 Rohingya refugees are now sheltering in their country. Only about 500,000-600,000 Rohingya Muslims now remain in Myanmar, and their situation is very vulnerable.

With allegations of Rohingya links to terrorism, some elements are trying to isolate these Rohingya villages and drive them out. On the other hand, there are many others locals rebuilding relations with local Rohingya.

What did the report find?

The Report of the Independent International Fact-Finding Mission on Myanmar released this week found conclusive evidence that the army and security forces had indeed engaged in mass killings and gang rapes of Rohingya, with “genocidal intent”. It therefore recommended that the UN Security Council should refer the Myanmar commander-in-chief and five generals to the International Criminal Court in The Hague, or an ad hoc international criminal tribunal. The report also suggested that ARSA might be guilty of war crimes too, and should be held to account.

The report said that Nobel Peace Prize-laureate Aung San Suu Kyi and her government “contributed” to the atrocities through “acts and omissions”. This is a serious critique, and the international community must continue to demand she and her government change policy direction on the Rohingya.

The report authors strongly criticised Suu Kyi in particular, for not using her moral or political authority to stem the hate speech or apparently attempt to limit the military response. However, the passive role described in this report does not leave her open to international prosecution.

How can the crisis be brought to an end?

With serious mass atrocity crimes now documented, it is now urgent that the power of the army be reined in. The Myanmar army must be brought under civilian, parliamentary oversight, and the key perpetrators be at very least removed from position. The military have clearly demonstrated that they need formal oversight, and that their current senior leadership are unfit for command.

Myanmar has long demonstrated its ability to be belligerent to the international community, and that it is prepared to isolate itself in the face of international criticism. If this occurs now, 1.1 million Rohingya refugees in Bangladesh and up to 600,000 Rohingya in Myanmar remain in peril.

The perpetrators of mass crimes must be removed. But we must be careful that dogged pursuit of individuals for prosecution does not so undermine any hope of cooperation by the military and government, and thus further jeopardise the future and wellbeing of the Rohingya themselves.




Read more:
‘They shot my two daughters in front of me’: Rohingya tell heartbreaking stories of loss and forced migration


The repatriation of Rohingya to Myanmar is urgent, before all chance of them returning to their own land is removed. But repatriation plans to date don’t sufficiently guarantee their security and human rights guarantees. The international community needs to push for this, and engage more strongly than ever with the Myanmar authorities in achieving this outcome.

Likewise, the international community must commit resources now to ensure the security and future of the 600,000 or so Rohingya remaining in Myanmar. Much work must be done on strengthening social cohesion, and facilitating the sort of social change that would prepare the local population for accepting all the refugees back too. Now is not the time for broad sanctions and isolation, but engagement for the sake of the Rohingya.The Conversation

Anthony Ware, Senior Lecturer in International & Community Development, Deakin University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Australians think our politicians are corrupt, but where is the evidence?



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Former NSW minister Ian Macdonald (left) and union boss John Maitland are just two of the prominent figures who have been swept up in anti-corruption investigations at the state level.
Joel Carrett/AAP

Yee-Fui Ng, Monash University

A recent survey by Griffith University has found Australians’ trust in government is sliding. Trust and confidence in government fell in the last year to 46% at the federal and state levels.

There are also serious concerns about officials and politicians using their positions to benefit themselves or their families (62%), or favouring businesses and individuals in return for political donations or support (56%).

Worse still, there has been a 9% increase since 2016 in perceptions that federal members of parliament are corrupt (85% saying “some” are corrupt, 18% responding that “most/all” are corrupt).

What has caused the loss of public trust?

There is a public perception that a small elite is reaping large benefits in Australian society in terms of political influence and its flow-on dividends.

In Australia, the “game of mates” is flourishing. There’s now a revolving door in politics with many politicians, advisers and senior government officials leaving the public sector to become well-paid lobbyists.

Add to that the appointments of political “mates” to commissions, tribunals and cushy ambassadorships and the blatant misuse of parliamentary entitlements such as helicopter trips on taxpayer funds.

Political parties are also accepting millions of dollars in donations from lobbyists and others interested in influencing policy outcomes.

All of this adds to the perception that the system is rigged – and not in favour of the person on the street.

So, there is evidence of corruption in Australia?

The question is whether the perception of corruption is matched by reality.

Australia has fallen steadily in Transparency International’s global corruption index, from 8th place in 2012 to 13th this year. But even so, Australia is the 13th-least corrupt country in the world, which is still a respectable ranking.

More alarming is the fact that one in 20 Australian public servants said in a survey last year that they had seen a colleague acting in a corrupt manner. This figure has doubled in the past three years.

In the 1980s, there were incidences of large-scale corruption that rocked the country, culminating in the Fitzgerald Inquiry in Queensland and the WA Inc Royal Commission in Western Australia. These scandals led to the resignations and imprisonments of various former ministers and officials.

Although we have not sunk to such depths since then, state anti-corruption commissions, such as the NSW Independent Commission Against Corruption, have uncovered various instances of corruption in recent years. The NSW ICAC’s inquiries have led to the resignations of several politicians, as well as the conviction of former MP Eric Obeid.

Another classic case of corruption exposed by the ICAC led to the downfall of former Newcastle lord mayor, Jeff McCloy. McCloy famously bragged that politicians treated him like a “walking ATM” and admitted to giving two MPs envelopes of cash amounting to AU$10,000.

There is also a question about what we don’t know. Many more politicians may be getting away with corrupt activities because Australia doesn’t have a federal anti-corruption body.

Do we need a federal anti-corruption commission?

In one word: yes.

All states have anti-corruption bodies that have brought to light many indiscretions by politicians that would have otherwise remained hidden. The federal government is lagging behind in this crucial area.

At the federal level, there is no transparency in backroom dealings by those in power, coupled with lax rules that can be abused. In these circumstances, corruption can take root without us knowing about it. An anti-corruption agency would be a powerful deterrent against improper behaviour.

There is strong public support for a federal anti-corruption body in the Griffith University survey, with two-thirds (67%) of Australians in favour of this.

The Labor Party has pledged to introduce a federal integrity commission if it wins the next election.

There are also other activities that do not amount to corruption, but nevertheless shows an undue influence on government. Ideally, a federal anti-corruption commission should sit alongside a broader package of reforms that impose stronger rules on lobbying and political donations, as well as a code of conduct for MPs, policed by an independent commissioner.

This would form an interlocking political integrity system that would keep the politicians honest.

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The Conversation

Our faith in government has been eroded by a lack of transparency and the perception that those in power are enjoying unfair benefits. Creating robust institutions, rules and processes that can act as checks and balances on governmental power is key to a vibrant democracy – and will be the first step towards rebuilding public trust.

Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash University

This article was originally published on The Conversation. Read the original article.

Why Australia should face civil lawsuits over soldier misdeeds in Afghanistan


Tim Matthews, University of Sydney and John Eldridge, University of Sydney

For the past two years, Paul Brereton, a New South Wales Supreme Court judge and Army Reserve major general, has been conducting an investigation into the conduct of members of the SAS in Afghanistan. While the findings are not yet known, leaks from within the Australian Defence Force (ADF) have suggested that as many as five cases involving unlawful killings have been uncovered.

Much of the media commentary surrounding the allegations has centred on the potential criminal prosecution of these alleged offences. But a further legal issue can arise from investigations of this kind – the alleged victims (or their families) might bring civil claims against Australia’s armed forces, seeking compensation for their suffering.




Read more:
Explainer: how Australia’s military justice system works


Cases of this kind have occurred in other countries. In the United States, a number of high-profile habeas corpus petitions have been filed against the government by people who claim they were unlawfully detained by US armed forces on suspicion of being insurgents in Iraq and Afghanistan.

Claims for damages have also been successfully brought by former Iraqi detainees against private military contractors over their alleged torture at Abu Ghraib prison in Iraq.

British courts are also currently considering a number of civil suits arising out of British involvement in the conflicts in Iraq and Afghanistan.

One of those claimants, Yunus Rahmatullah, was arrested by British forces in Iraq in 2004 on suspicion of being a member of Lashkar-e-Taiba, a terrorist organisation with links to al-Qaeda. He was “rendered” by British forces to the custody of the US army in Afghanistan, where he was detained for over ten years without charge or trial and, he alleges, tortured.

Rahmatullah denies ever being a member of a terrorist organisation. He has made a well-publicised claim for compensation from the UK government, under the country’s Human Rights Act.

Why are civil claims against soldiers controversial?

We are all exposed to potential civil liability in our day-to-day lives. If we drive negligently and cause an accident, for instance, we may find ourselves liable to pay compensation to those we have harmed. The same is true of public institutions and authorities, such as hospitals and the police. Few would suggest this is unfair or unreasonable.




Read more:
Inconsistency bedevils Australia’s prosecution of war criminals


However, the extension of civil liability to the armed forces is controversial. Former Army officer Bill O’Chee, for instance, recently argued forcefully against such liability:

Service personnel who commit crimes are already subject to military criminal proceedings, and this is rightly so. However, exposing them to claims for personal injury claims would be perverse and entirely unjust.

The very idea that highly paid lawyers in comfortable courts in Australia can understand, let alone litigate these cases, is fanciful at best.

How absurd it would be for our servicemen and women to be subjected to damages claims in these circumstances, let alone be asked to find the money for legal costs and a possible damages order against them.

Should these civil claims be permitted?

Such civil liability claims have never been brought against individual ADF personnel in Australia before. This would be new legal territory. And nobody is seriously suggesting these soldiers should personally bear the burden of defending civil claims arising from the Afghanistan and Iraq wars. Rather, any potential claims are likely to be defended by the Commonwealth.

This is the way civil claims against police officers in Australia are typically resolved. In such cases, individual officers will often be required to give evidence as to their version of events. Yet the costs of defending the case, and the compensation (if any) paid to the plaintiff, are borne not by the individual officers, but by the relevant public authority.

Despite the controversy surrounding them, there are still good reasons to allow civil claims of this kind to proceed.




Read more:
Friday essay: war crimes and the many threats to cultural heritage


First, criminal and civil claims serve different purposes. A successful criminal prosecution may leave a victim with a feeling of vindication, but it typically does not result in monetary compensation. As a result, it may matter little to victims or their families if the soldiers responsible are professionally disciplined, since they may receive no compensation for their loss.

Secondly, the notion that civilian courts are not competent to adjudicate on military matters is seriously problematic.

Nobody could deny that military personnel are forced to carry out their duties in extremely difficult conditions. It is also true that many lawyers and judges have difficulty appreciating the fraught circumstances in which military decision-making occurs.

But the answer to these difficulties is not the abandonment of such claims altogether. Judges are often faced with the task of making difficult decisions about matters on which they are not experts. Civil justice would simply not work if courts threw up their hands whenever they were faced with such challenges.

Greater accountability for the military

Finally, if the Commonwealth were somehow able to avoid liability for potential civil damages in these types of cases, the ADF may have less incentive to conduct military operations in ways that safeguard the rights of civilians caught in conflict zones.

Given the limited accountability for military decision-making in the public sphere, the possibility of accountability in a civil court would promote stricter adherence to international conventions on war.

Many of the victims who may bring claims of this kind are unlikely to excite public sympathy. For example, one of the claimants in the UK cases, Serdar Mohammed, was arrested while leaving a ten-hour firefight with British troops, discarding a rocket-propelled grenade launcher and ammunition on his way.

The ConversationBut we shouldn’t allow our moral judgement of claimants like Mohammed to erode our commitment to the rule of law. Public authorities, and especially our armed forces, should be held accountable for their actions to the limits imposed by law.

Tim Matthews, Sessional Academic, Law School, University of Sydney and John Eldridge, Lecturer, Sydney Law School, University of Sydney

This article was originally published on The Conversation. Read the original article.

Turnbull government to give national apology to victims of child sexual abuse


Michelle Grattan, University of Canberra

Malcolm Turnbull will give a formal national apology on October 22 to victims of child sexual abuse, as part of the federal response to the royal commission.

Outlining the government’s detailed response on Wednesday, the Prime Minister said that Western Australia had now agreed to sign on to the redress scheme so there will be a fully national scheme from July 1.

Victims will be entitled to up to A$150,000, with average payments of $76,000. The maximum is lower than the $200,000 recommended by the commission, but the average will be higher. There will be a low evidentiary standard.

The government will set up a new National Office for Child Safety within the Social Services department, which it says will “work across government and sectors to develop and implement policies and strategies to enhance children’s safety and prevent future harm”.

But Turnbull was unspecific when questioned at a news conference about how to deal with one current big issue of child safety – protecting at risk children in some Indigenous communities. There has been recent controversy about whether too many or too few children are being removed from families. The issue has been highlighted by some high profile alleged rapes.

Turnbull said he had discussed the problem with the Northern Territory chief minister.

Asked about the level of removal of children he said: “the safety of children has to be paramount. It’s difficult to generalise about this because every case is different.” He pointed to the duty of parents and neighbours to ensure children’s safety. “If you … believe a child is being abused, don’t turn a blind eye.”

The government has opened consultations on the content of the national apology and the form of the ceremony.

The commission made 409 recommendations. Of these 84 relate to redress matters. Of the remaining 325, 122 are directed wholly or partly to the federal government, which has accepted 104 of them. It has noted the other 18, which mostly overlap other jurisdictions and will need more consideration. It has not rejected any recommendation.

The government said in a statement it expected non-government institutions would indicate what action they would take on recommendations of the commission and report annually in December, along with all governments. The government will report its progress annually for five years with a comprehensive review after a decade.

“Where institutions decide not to accept the royal commission’s recommendations they should state so and why”.

Speaking at his news conference Turnbull said: “The survivors that I’ve met and the personal stories that have been told to me have given me but a small insight into the betrayal you experienced at the hands of the people and institutions who were supposed to protect and care for you.”

“Now that we’ve uncovered the shocking truth, we must do everything in our power to honour the bravery of the thousands of people who came forward.”

The Conversation“The royal commission has made very clear that we all have a role to play to keep our children safe – governments, schools, sporting clubs, churches, charitable institutions and, of course, all of us.”

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Government response to child abuse royal commission is positive, but will need to go beyond an apology



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Attorney-General Christian Porter, Prime Minister Malcolm Turnbull and Australian Minister for Social Services Dan Tehan announce the government’s response to the child abuse royal commission.
AAP/Lukas Coch

Timothy W. Jones, La Trobe University

The federal government has announced it will establish a National Office for Child Safety and issue a formal apology as part of its response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

In addition, every state and territory has committed to join the National Redress Scheme. Australia’s major churches and youth organisations have also joined the scheme.

The timing of the announcement meets a commitment of the Council of Australian Governments to respond to the recommendations of the Royal Commission’s final report by June 2018. However, the apology, the lead item of this announcement, will not be issued until October 22, 2018, to coincide with national children’s week.

The Royal Commission made 409 recommendations in total. Of these, 84 deal with redress, which the government is addressing in the National Redress Scheme, due to commence next month. Of the remaining 122 recommendations directed at the Australian government, 104 have been accepted and 18 remain under review. None has so far been rejected.




Read more:
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Survivors of abuse consistently state that they want recognition and redress for the past harms and injustices that were done to them.

Recognition

One of the most disturbing elements in the history of child sexual abuse is our capacity, as a society, to be in denial. As I have written elsewhere, we have myriad techniques of keeping disturbing knowledge at bay: there are many ways of not knowing.

We can deny that something happened, we can deny that we understood what happened, and we can deny the legal and moral implications that follow an event. All of these forms of denial are seen in the history of child sexual abuse.

Thankfully, all of these forms of denial were combated by the Royal Commission. You could say it was a momentous exercise in recognition: it brought horrific abuses into public consciousness; it treated survivors of abuse with great dignity and respect; and, it made a comprehensive series of recommendations to deal with the legal and moral implications of the public recognition of this history of abuse.

Through its 57 public case studies, 8,013 private sessions, and over 68,000 calls, letters and emails received, the commission established beyond any doubt the reality and the gravity of Australia’s history of institutional abuse.

Redress

Recognising this history brings legal and moral implications for its redress. So far, the government has responded with uncharacteristic alacrity in accepting and implementing the key recommendations of the Royal Commission.

But justice for historic offences is not simple, and I await with interest the responses of child sex abuse survivor groups to the government’s announcement.

For most people, justice looks like punishment for the guilty. The Royal Commission has referred over 2,500 matters to police for investigation. In recent times, we have seen some prominent cases go to trial, including the most senior Roman Catholic yet to face charges of child sex crimes, Cardinal George Pell.

The National Redress Scheme is the flagship instrument of redress emerging in the wake of the Royal Commission. Legislation has passed the lower house and is now before the Senate. It proposes average payments to victims of $76,000, with maximum payments of $150,000.

These amounts are lower than amounts typically awarded in civil courts in Australia, and significantly lower than settlements awarded in some international jurisdictions.




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However, the lower standards of evidence required to be awarded a settlement through the redress scheme, relative to standards in criminal or civil law, and being able to avoid cross-examination in court, may make this option more attractive for many survivors. The redress scheme provides access to counselling and psychological services, and provides an option for survivors to receive a direct personal response from the responsible institution.

Australian jurisdictions are also reforming laws to make it easier to sue churches and other institutions.

The establishment of a National Office for Child Safety, along with a raft of national standards and safety frameworks, is heartening.

Apology

The fact is, though, that most of the institutions in which the majority of the historic abuse unearthed by the Royal Commission occurred no longer exist. The institutions of “care” run by churches and the states – orphanages, missions, boarding schools – have largely been disbanded.

Ironically, most current child removal and child trauma can be found at a site for which we have already had an apology, but for which redress has been woefully inadequate. The 1997 Bringing Them Home report into the Stolen Generations opened up public inquiry into child abuse in Australia.

The comprehensiveness of the Child Abuse Royal Commission, and the government’s promised response, is heartening. But as the Stolen Generations apology painfully illustrates, apologies without action become empty, bitter words.

The ConversationLet’s hope that the apology to victims of institutional abuse, to be delivered in October, is well crafted, and sincerely delivered. And that substantial redress is delivered.

Timothy W. Jones, Senior Lecturer in History, La Trobe University

This article was originally published on The Conversation. Read the original article.

Grattan on Friday: Peter Dutton’s bid for more crime-fighting power has bought him a fight


Michelle Grattan, University of Canberra

No one should be surprised that the Home Affairs department, with its ambitious minister Peter Dutton and his activist secretary, Mike Pezzullo, is feeling its oats. When Malcolm Turnbull granted Dutton his wish for a mega department, it was obvious how things would go.

Now we are seeing a power play which has set Dutton and Foreign Minister Julie Bishop at odds, and raised questions about striking the right balances in a cyber age that brings new threats but also new invasive technology to counter them.

The issue immediately at hand is whether Home Affairs can drag the Australian Signals Directorate – a defence-aligned organisation which spies electronically on foreign targets – into the fight against a broad range of crime in Australia.

As the head of ASD, Mike Burgess, succinctly put it in a draft note for Defence Minister Marise Payne, Home Affairs wants legislative change “to enable ASD to better support a range of Home Affairs priorities”.

The latest move, as documented in bureaucratic correspondence leaked last weekend – everyone assumes in order to blow up the proposal – came from Pezzullo. But Pezzullo was formalising a plan foreshadowed by Dutton as soon as he was sworn into the Home Affairs portfolio.

In December Fairfax reported Dutton saying that ASD would be used more in Australian investigations into terrorism, drug-smuggling, child exploitation and other cross-border crimes.

Put in the simplest terms, under the plan the Australian Federal Police, ASIO and similar agencies would collect the data, as they do now, while an empowered ASD could supply the technical capability to disrupt or prevent the crime online.

After publication of the leaked correspondence in the Sunday Telegraph, headlined “Secret plan to spy on Aussies”, Pezzullo, Defence Department secretary Greg Moriarty, and Burgess issued an opaque statement that, when you cut through the bureaucratise, indicated the option for a wider use of ASD was on the table.

Meanwhile Bishop told reporters “there is no plan for the government to extend the powers of the Australian Signals Directorate so that it could collect intelligence against Australians or covertly access private data”.

That would appear to be true, but it is also true Dutton had already flagged publicly a proposal to expand ASD’s remit, and the Burgess draft note clearly stated that the Home Affairs department had advised it was briefing its minister to write to the Defence Minister.

The fine distinction between expanding ASD powers but it not collecting intelligence on Australians is where the confusion lies, and that will need to be carefully laid out.

Bishop and Dutton have a record as sparring partners. The two ministers contrast in style but both are tough operators who don’t take a backward step. This is the second matter on which they’ve recently clashed – the other was Dutton’s desire to bring in white South African farmers on the basis they were subject to “persecution”.

Dutton, announcing this week AFP deputy commissioner Karl Kent as the first Transnational Serious and Organised Crime Coordinator within Home Affairs, told a news conference that the capacities of various agencies had to be looked at “including obviously … the capacity of ASD”.

Dutton stressed any change would have safeguards. “As for some claim that there’s going to be some spying taking place on Australian citizens, it’s complete nonsense,” he said.

“If there was to be any look at ways in which we could try and address the cyber threat more effectively, it would be accompanied by the usual protections, including warrant powers”, ticked off by the attorney-general or the justice system.

Defending his position on Thursday, Dutton talked about child exploitation, a guaranteed hot button, pointing out that people were conveying “images of sexual acts against children in live-streaming on the internet.

“We’ve got to deal with that threat. We have the ability, potentially, to disrupt some of those servers. At the moment the ASD … could disrupt that server if it was in operation offshore, but not if it was operating out of Sydney or Melbourne,” he said.

It is believed that Defence is unimpressed with the move on ASD, from July 1 a statutory agency but traditionally in its bailiwick. But it is Bishop who is most obviously taking the issue on, even though her portfolio is not directly involved.

For Bishop, the exercise has flouted the manner in which such a major bid for change should be handled, leaving most ministers blindsided.

Home Affairs’ case receives some support from a recent submission to the parliamentary joint committee on law enforcement by David Irvine, former head of ASIO and now chairman of the Cyber Security Research Centre, a body set up to promote industry investment in cyber security research.

Irvine writes: “Both national security threats and criminal activity exploit the internet in similar ways. Both need to be countered or managed using similar investigative tools and techniques.”

“Australia’s national capacity to counter threats and criminal activity using cyber investigative tools is relatively under-developed, uncoordinated and fragmented”, making it “difficult for agencies to cope with the pace of technical change,” he says.

Irvine argues for a new body to provide “expert technical cyber investigative services in support of law enforcement and national security investigations”, done by Commonwealth and state agencies.

He says such a body might fall within Home Affairs “but it would depend extensively upon the offensive and defensive cyber operational skills of the Australian Signals Directorate, and its offshoot the Australian Cyber Security Centre”.

The tug of war over ASD may have some way to run but with cyber risks becoming an increasing preoccupation, at this stage Dutton and Pezzullo appear to have a head start. It is now a question of where Malcolm Turnbull will come down. It is hard to see him saying no to Dutton.

But the implications of any extension of ASD’s remit should be fully debated sooner rather than later. As the Inspector-General of Intelligence and Security Margaret Stone wrote earlier this year, a change to ASD’s “focus for its covert or intrusive intelligence related activities to people and organisations inside Australia would be a profound one”.

The ConversationThe pros and cons of the Dutton bid need a lot of public airing before the government reaches a conclusion, rather than that conclusion being presented as a fait accompli.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Legal highs: arguments for and against legalising cannabis in Australia



File 20180417 32339 16n0gjo.jpg?ixlib=rb 1.1
Many of the harms associated with cannabis use are to do with its illegality.
from http://www.shutterstock.com

Nicole Lee, Curtin University and Jarryd Bartle, RMIT University

Greens leader Richard Di Natale wants Australia to legalise cannabis for personal use, regulated by a federal agency. This proposal is for legalisation of recreational use for relaxation and pleasure, not to treat a medical condition (which is already legal in Australia for some conditions).

According to the proposal, the government agency would licence, monitor and regulate production and sale, and regularly review the regulations. The agency would be the sole wholesaler, buying from producers and selling to retailers it licences.

The proposed policy includes some safeguards that reflect lessons we’ve learned from alcohol and tobacco. These include a ban on advertising, age restrictions, requiring plain packaging, and strict licensing controls. Under the proposal, tax revenues would be used to improve funding to the prevention and treatment sector, which is underfunded compared to law enforcement.




Read more:
Greens want cannabis to be made legal


Cannabis legislation around the world

In Australia, cannabis possession and use is currently illegal. But in several states and territories (South Australia, ACT and Northern Territory) a small amount for personal use is decriminalised. That means it’s illegal, but not a criminal offence. In all others it’s subject to discretionary or mandatory diversion usually by police (referred to as “depenalisation”).

Several jurisdictions around the world have now legalised cannabis, including Uruguay, Catalonia and nine states in the United States. Canada is well underway to legalising cannabis, with legislation expected some time this year, and the New Zealand prime minister has flagged a referendum on the issue.

In a recent opinion poll, around 30% of Australians thought cannabis should be legal. Teenagers 14-17 years old were least likely to support legalistaion (21% of that age group) and 18-24 year olds were most likely to support it (36% of that age group).




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In the latest National Drug Strategy Household Survey, around a quarter of respondents supported cannabis legalisation and around 15% approved of regular use by adults for non-medical purposes.

What are the concerns about legalisation?

Opponents of legalisation are concerned it will increase use, increase crime, increase risk of car accidents, and reduce public health – including mental health. Many are concerned cannabis is a “gateway” drug.

The “gateway drug” hypothesis was discounted decades ago. Although cannabis usually comes before other illegal drug use, the majority of people who use cannabis do not go on to use other drugs. In addition, alcohol and tobacco usually precede cannabis use, which if the theory were correct would make those drugs the “gateway”.




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There is also no evidence legalisation increases use. But, studies have shown a number of health risks, including:

  • around 10% of adults and one in six teens who use regularly will become dependent

  • regular cannabis use doubles the risk of psychotic symptoms and schizophrenia

  • teen cannabis use is associated with poorer school outcomes but causation has not been established

  • driving under the influence of cannabis doubles the risk of a car crash

  • smoking while pregnant affects a baby’s birth weight.

What are the arguments for legalisation?

Reducing harms

Australia’s official drug strategy is based on a platform of harm minimisation, including supply reduction, demand reduction (prevention and treatment) and harm reduction. Arguably, policies should therefore have a net reduction in harm.

But some of the major harms from using illicit drugs are precisely because they are illegal. A significant harm is having a criminal record for possessing drugs that are for personal use. This can negatively impact a person’s future, including careers and travel. Decriminalisation of cannabis would also reduce these harms without requiring full legalisation.

Reducing crime and social costs

A large proportion of the work of the justice system (police, courts and prisons) is spent on drug-related offences. Yet, as Mick Palmer, former AFP Commissioner, notes “drug law enforcement has had little impact on the Australian drug market”.

Decriminalisation may reduce the burden on the justice system, but probably not as much as full legalisation because police and court resources would still be used for cautioning, issuing fines, or diversion to education or treatment. Decriminalisation and legalistaion both potentially reduce the involvement of the justice system and also of the black market growing and selling of cannabis.




Read more:
Assessing the costs and benefits of legalising cannabis


Raising tax revenue

Economic analysis of the impact of cannabis legalisation calculate the net social benefit of legalisation at A$727.5 million per year. This is significantly higher than the status quo at around A$295 million (for example from fines generating revenue, as well as perceived benefits of criminalisation deterring use). The Parliamentary Budget Office estimates tax revenue from cannabis legalisation at around A$259 million.

Civil liberties

Many see cannabis prohibition as an infringement on civil rights, citing the limited harms associated with cannabis use. This includes the relatively low rate of dependence and very low likelihood of overdosing on cannabis, as well as the low risk of harms to people using or others.

Many activities that are legal are potentially harmful: driving a car, drinking alcohol, bungee jumping. Rather than making them illegal, there are guidelines, laws and education to make them safer that creates a balance between civil liberties and safety.

What has happened in places where cannabis is legal?

Legalisation of cannabis is relatively recent in most jurisdictions so the long-term benefits or problems of legalisation are not yet known.

But one study found little effect of legalisation on drug use or other outcomes, providing support for neither opponents nor advocates of legalisation. Other studies have shown no increase in use, even among teens.

The ConversationThe research to date suggests there is no significant increase (or decrease) in use or other outcomes where cannabis legalisation has occurred. It’s possible the harm may shift, for example from legal harms to other types of harms. We don’t have data to support or dispel that possibility.

Nicole Lee, Professor at the National Drug Research Institute, Curtin University and Jarryd Bartle, Sessional Lecturer in Criminal Law, RMIT University

This article was originally published on The Conversation. Read the original article.

Despite a reduction in executions, progress towards the abolition of the death penalty is slow



File 20180413 105522 c5joqk.jpg?ixlib=rb 1.1
At the moment, at least 21,919 people are known to be facing death sentences around the world.
Shutterstock

Amy Maguire, University of Newcastle

Amnesty International has released its latest figures on the use of capital punishment globally. In 2017, at least 993 executions were carried out in 23 countries. At least 2,591 death sentences were issued across 53 countries.

At the moment, at least 21,919 people are known to be facing death sentences around the world.

In some ways, bizarrely, these figures are a source of hope. Fewer executions were carried out and fewer death sentences passed in 2017 than in 2016. The year saw a reduction in the number of executions in cases of drug crime.

According to Amnesty, these developments:

…confirmed that the world has passed a tipping point and that the abolition of the ultimate cruel, inhuman and degrading punishment is within reach.

Why should the world move towards death penalty abolition?

From a human rights perspective, capital punishment is indefensible. It violates the right to life. It constitutes a cruel and inhuman punishment.

Capital punishment can also be regarded as torture, both in terms of the methods used and the years that many prisoners spend waiting on death row. Torture is prohibited under international law.




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There is no remedy for execution if a person is later exonerated. Innocent people have been executed in the past and efforts continue to free wrongly convicted people from death row.

On a more pragmatic level, capital punishment lacks deterrent value. It is also a costly punishment to impose, at least in justice systems that seek to meet the requirements of a fair trial and the right to appeal.

As Amnesty reports, the countries that imposed capital punishment in 2017 represent a shrinking minority – 23 of 193 UN member states. Yet Amnesty’s report reveals some worrying truths, and demonstrates how far the world still has to go before the death penalty is abolished.

Gaps in the data

Some countries, most notably China, treat death penalty data as a state secret. For this reason, Amnesty International has not published estimated figures for the death penalty in China since 2009.

Yet it is reported that China executes more people annually than all the other retentionist countries worldwide. Amnesty International is confident that thousands of executions are carried out in China each year.

The Cornell Center on the Death Penalty Worldwide aims to provide comprehensive data on the global application of capital punishment, including for countries like China that do not release figures on executions.

Although the Cornell Centre also refrains from estimating figures for China, it concurs that China executes thousands of people each year, and issues thousands more death sentences. Unlike those retentionist countries that permit many levels of post-sentencing appeal, in China people are typically executed immediately after sentencing, or within two years.

Inconsistencies in application of capital punishment

Almost all executions carried out in 2017 were imposed in just five countries: China (estimated thousands), Iran (507+), Saudi Arabia (146), Iraq (125+) and Pakistan (60+). In each of these countries, there are peculiar aspects of the practice that highlight the challenges of promoting abolition where the death penalty is entrenched.

Amnesty reports that executions were carried out in China, Iran, Iraq and Saudi Arabia in cases where confessions were extracted through torture.

In China, while it is not common practice, some death sentences continue to be delivered in public. In Iran, public executions were carried out in at least 31 cases.

Both Iran and Saudi Arabia impose mandatory death sentences for some crimes, execute juveniles, and fail to meet minimum fair trial standards.

Several retentionist states impose the death penalty in cases that do not meet the “most serious crimes” threshold under international law. For example, some “capital” crimes in China, including bribery and embezzlement, would not attract the death penalty in other retentionist states.

In Iran and Pakistan, blasphemy and insult to the prophet of Islam are punishable by death. In Saudi Arabia, adultery can attract a death sentence. Iraqi law permits capital punishment for kidnapping.

Amnesty also raises concerns regarding aspects of the practice in countries such as the United States and Japan, both of which continue to execute people with mental illness and intellectual disability.

Drug crime and capital punishment

Of ongoing concern is the use of the death penalty in drug cases. Fifteen countries implemented or imposed capital punishment for drug crimes in 2017. Iran executed more than 200 people convicted of drug offences.

Australia took a strong public stand against the death penalty for drug offences when it sought clemency for “Bali Nine” members Andrew Chan and Myuran Sukumaran. Yet the pair were executed in April 2015, and Indonesia continued with drug-related executions in 2016.

Although fewer executions were imposed for drug crimes in 2017, extrajudicial killings have been commonplace in the Philippines’ “War on Drugs”. Under President Duterte’s inhumane anti-drug strategy, more than 12,000 Filipinos have been killed to date.

Harm Reduction International raises the concern that Duterte’s regime could be normalising the killing of people for drugs. Such a development could encourage the retention of the death penalty in drug cases in the Asia-Pacific region.

Australia’s advocacy for death penalty abolition

In the aftermath of Chan and Sukumaran’s executions, the Australian government was galvanised to review its advocacy for the abolition of capital punishment.

The subsequent parliamentary inquiry delivered 13 recommendations to enhance Australia’s advocacy, several of which I have discussed previously.

The government delivered its response to these recommendations in March 2017 (10 months after the inquiry report was published). Several recommendations were accepted or accepted “in principle”, with the government noting new or pre-existing efforts to undertake actions recommended by the committee.




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As Indonesia conducts more executions, Australia’s anti-death-penalty advocacy is still lacking


However, the government did not accept the recommendation to amend Australian Federal Police (AFP) guidelines in ways designed to prevent future Bali Nine-type situations. It explicitly rejected the recommendation that the AFP refuse to share information with foreign law enforcement partners in relation to drug crimes, in the absence of guarantees that capital punishment would not be sought or imposed.

Australia has since been elected to the UN Human Rights Council for a three-year term. One of its voluntary pledges to the council was to continue strong advocacy for global abolition of capital punishment.

The ConversationIn order to meet this pledge, Australia could helpfully re-engage with the recommendations of the parliamentary inquiry. Australia can, and should, do more to contribute to the ongoing effort to achieve global abolition of capital punishment.

Amy Maguire, Senior Lecturer in International Law and Human Rights, University of Newcastle

This article was originally published on The Conversation. Read the original article.