Federal parliament just weakened political donations laws while you weren’t watching



Lukas Coch/AAP

Luke Beck, Monash University

While Australians were distracted last week by Melbourne’s lockdown ending and the final days of the Queensland and United States elections, both major parties joined forces in federal parliament to weaken political donations laws.

This will make it easier for federal politicians to accept secret donations from property developers.

What’s the backstory?

In 2019, the High Court upheld Queensland laws banning property developers from making donations to political parties. The ban was introduced by the Palaszczuk government after a recommendation by the state’s Crime and Corruption Commission.

The Queensland ban applies to donations made to state and local political campaigns as well as general donations to political parties. A general donation might be used for federal, state or local political purposes or for the costs of running a party.




Read more:
Fundraising questions have interrupted the Queensland LNP’s election campaign. What does the law say?


At the same time, the High Court also struck down a 2018 federal law that said property developers could ignore state laws banning them from making general donations to political parties. (Yes — federal parliament really did pass a law overriding state anti-corruptionpowers!). The High Court said federal parliament has no power to regulate political donations that merely “might be” used for federal campaigns.

Property developers are also banned from making political donations in New South Wales and the ACT.

Allowing secret donations from dodgy donors

The legislation passed last week overrides state bans on property developer donations in two ways.

First, the legislation introduces a new provision to replace the 2018 federal law struck down by the High Court. This new provision allows property developers (and others banned from making donations under state laws) to ignore state laws banning them from making political donation where the donation is “for federal purposes”.

High Court, with Parliament House in background.
The High Court struck down a federal law on donations in 2019.
Lukas Coch/AAP

Second, the legislation allows property developers and political parties to ignore state laws requiring that donations be disclosed. In NSW and Queensland, donations of $1,000 or more need to be disclosed. Under the new federal law, only donations of $14,300 or more made by property developers “for federal purposes” need to be disclosed.

The explanation given for the new laws is that state laws shouldn’t apply to federal donations.

According to Finance Minister Mathias Cormann, the new laws “better clarify” the interaction between federal and state electoral laws.

The revised provisions ensure that federal law only applies exclusively to donations that are expressly for federal purposes, while fully respecting the application of state laws to amounts used for state purposes.

Labor’s Don Farrell, who is shadow Special Minister of State, told the Senate,

it’s not Labor’s intention in any way to weaken any of those provisions already in place in the states, but the Commonwealth parliament should be able to make laws with respect to Commonwealth elections, and those laws should not be overridden by the states.

Why this is bad for integrity

If you are a property developer wanting to curry favour with the NSW Labor Party or the Queensland Liberal National Party, you are now allowed to make a donation of $14,299 and no one will ever know. All you need to do is tell the party the money is “for federal purposes”.

While the law requires parties to keep money donated “for federal purposes” in separate bank accounts, a donation “for federal purposes” frees up money from other, general donations to be used for state purposes.

The Greens and independent MPs lined up to criticise the new law.
As member for Indi, Helen Haines told parliament

this bill locks in the status quo when it comes to the current political donations culture at the federal level.

Meanwhile, Tasmanian lower house MP Andrew Wilkie described the law as allowing “brazen money laundering”. Senator Jacqui Lambie said the law was “a doozy” of a way “to hide big donor money from the voters” and “the latest in a long line of betrayals of the public’s trust”.

Federal integrity laws are too weak

Federal parliament had an opportunity to introduce better federal political transparency measures. They could have lowered the federal donations disclosure threshold so the public knows where federal politicians get their money. They could have introduced real-time reporting of donations so the public doesn’t have to wait until after each election to find out the identities of the biggest donors.

Labor has introduced bills on both these measures. Instead of dealing with those, both major parties took the time and effort to override state anti-corruption laws.

To add icing on top, the Morrison government has now released a draft bill for a federal integrity commission with proposed powers so much weaker than existing state anti-corruption commissions that a former judge called it a “feather duster”.

Australians deserve much better than this.




Read more:
Explainer: what is the proposed Commonwealth Integrity Commission and how would it work?


The Conversation


Luke Beck, Associate Professor of Constitutional Law, Monash University

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

More Christians die in Eritrea’s military concentration camps


Open Doors says at least seven prisoners held at Wi’a Military camp in Eritrea have died in an outbreak of meningitis, reports MNN.

By the time the government relocated the prisoners and staff to Mitire Military Concentration Camp, at least one of them, Mesfin Gebrekristos, was among those who succumbed to both weakened health and the illness. Mesfin was a believer who spent the last year imprisoned for his faith.

He died on September 3 and leaves behind a wife and two children. He is the tenth reported Christian to have died while being incarcerated for his worship outside of the state-approved Lutheran, Catholic and Orthodox churches.

Open Doors also reports that two weeks ago, the Eritrean government called on all its citizens to inform the police of any illegal gatherings of Christians in their neighborhoods.

According to their sources, the call was made during a meeting titled, “Working Along With The Police To Prevent Crime In The Country.” Authorities said meetings by unregistered groups in homes is a criminal act and asked civilians to also regard them as such. The government then took that a step further by indicating that such criminal acts deserved to be punished by law.

Christians belonging to unregistered groups are fearful. Open Doors says Christian leaders are encouraging believers to be bold and ask prayer for God’s strength for these believers.

Report from the Christian Telegraph 

ERITREA: THIRD CHRISTIAN THIS YEAR DIES IN MILITARY PRISON


LOS ANGELES, July 27 (Compass Direct News) – Another Christian imprisoned for his faith in Eritrea has died from authorities denying him medical treatment, according to a Christian support organization.

Sources told Netherlands-based Open Doors that Yemane Kahasay Andom, 43, died Thursday (July 23) at Mitire Military Confinement Center.

A member of the Kale-Hiwot church in Mendefera, Andom was said to be secretly buried in the camp.

Weakened by continuous torture, Andom was suffering from a severe case of malaria, Open Doors reported in a statement today.

“He was allegedly further weakened by continuous physical torture and solitary confinement in an underground cell the two weeks prior to his death for his refusal to sign a recantation form,” the organization said. “It is not clear what the contents of the recantation form were, but most Christians interpret the signing of such a form as the denouncement of their faith in Christ.”

Andom is the third known Christian to die this year at the Mitire camp, located in northeastern Eritrea. Mogos Hagos Kiflom, 37, was said to have died from torture at the same center in early January. On Jan. 16, Mehari Gebreneguse Asgedom, 42, died in solitary confinement at the Mitire camp from torture and complications from diabetes, according to Open Doors.

It was not immediately known whether Andom was married or how many family members survive him. He had spent the past 18 months at the Mitire camp.

Last October Open Doors learned of the death of another Christian, Teklesenbet Gebreab Kiflom, 36, who died while imprisoned for his faith at the Wi’a Military Confinement Center. He was reported to have died after prison commanders refused to give him medical attention for malaria.

In June 2008, 37-year-old Azib Simon died from untreated malaria as well. Weakened by torture, sources told Compass, Simon contracted malaria only a week before she died.

With the death of Andom last week, the number of Christians who have died while imprisoned for their faith in Eritrea now total nine. Along with the two Christians who died in January and Kiflom and Azib last year, Nigisti Haile, 33, tied from torture on Sept. 5, 2007; Magos Solomon Semere, 30, died from torture and pneumonia at Adi-Nefase Confinement Center, outside Assab, in February 2007; Immanuel Andegergesh, 23, died in Adi-Quala Confinement Center in October 2006 from torture and dehydration; and also at the Adi-Qaula center, Kibrom Firemichel, 30, died from torture and dehydration also in October 2006.

More than 2,800 Christians remain imprisoned for their faith in Eritrea, according to Open Doors.

The Eritrean government in May 2002 outlawed all religious groups except Islam and the Orthodox, Catholic and Lutheran churches. The government of President Isaias Afwerki has stepped up its campaign against churches it has outlawed, once again earning it a spot on the U.S. Department of State’s latest list of worst violators of religious freedom.

Incarcerated Christians from throughout Eritrea have been transferred to the Mitire prison. In April Open Doors learned that 27 Christian prisoners held at police stations in the Eritrean capital of Asmara had been transferred to the Mitire military camp for further punishment.

They included a pastor identified only as Oqbamichel of the Kale-Hiwot Church, pastor Habtom Twelde of the Full Gospel Church, a pastor identified only as Jorjo of the Full Gospel Church, two members of the Church of the Living God identified only as Tesfagaber and Hanibal, Berhane Araia of the Full Gospel Church and Michel Aymote of the Philadelphia Church.

On April 17, according to the organization, 70 Christians were released from the Mitire military facility, including 11 women imprisoned for six months for allegedly failing to complete their required 18 months of military service. The Christians said that authorities simply told them to go home and that they had no idea why they had been released. They had been originally arrested in Asmara, Dekemhare, Keren, Massawa and Mendefera and transported to Mitire for punishment.

Eritrean officials have routinely denied that religious oppression exists in the country, saying the government is only enforcing laws against unregistered churches.

The government has denied all efforts by independent Protestant churches to register, and people caught worshipping outside the four recognized religious institutions, even in private homes, suffer arrest, torture and severe pressure to deny their faith. The Eritrean Orthodox Church and its flourishing renewal movement have also been subject to government raids.

Reliable statistics are not available, but the U.S. Department of State estimates that 50 percent of Eritrea’s population is Sunni Muslim, 30 percent is Orthodox Christian, and 13 percent is Roman Catholic. Protestants and Seventh-day Adventists, along with Jehovah’s Witnesses, Buddhists, Hindus, and Baha’is make up less than 5 percent of the population.

Report from Compass Direct News 

PAKISTAN: ISLAMABAD CHURCH ON THE THRESHOLD OF WAR


By Elizabeth Kendal

Religious Liberty Prayer Bulletin

Special to ASSIST News Service

The Margala Hills are all that lie between al-Qaeda-Taliban jihadists and their goal: nuclear-armed Islamabad. While most popular media reports give the impression that this crisis has only recently emerged, this is far from the case. The reality must be absorbed and lessons must be learned.

In 2003, as part of their ‘War on Terror’ alliance, America and Pakistan agreed that the Pakistani Army be given the job of eliminating al-Qaeda and Taliban elements in Pakistan’s Federally Administered Tribal Agencies (FATA) of North West Frontier Province (NWFP). However, a high death toll — including the loss of possibly 3000 soldiers — weakened both Army moral and public resolve, creating domestic political problems for then-president General Musharraf.

In pursuit of political gain, Musharraf brokered ‘land-for-peace’ deals with the al-Qaeda-Taliban alliance. In February 2005 South Waziristan was ceded, followed by North Waziristan in September 2006. With this ‘peace’, the military withdrew and jihadists were released from prison with compensation on a mere pledge not to engage in terrorism. If there were a turning point in the ‘War on Terror’, this unconditional surrender of Waziristan was surely it, for the power of the al-Qaeda-Taliban alliance has grown in both Afghanistan and Pakistan ever since.

The jihadists were never going to be pacified so long as their goal — the total Islamisation and Talibanisation of fortress Afghanistan and nuclear-armed Pakistan — remained unchanged and unrealised. The ‘Islamic Republic of Waziristan’ simply became a terrorist sanctuary and launching pad for further advances. Within months several more tribal areas had fallen under Taliban control. (‘Land-for-peace’ deals with agenda-driven fundamentalist Islamists and jihadists secure incremental Islamist advance, not peace.)

In July 2007 the government’s assault on the Islamists of the Lal Masjid (the Red Mosque in the centre of Islamabad) left some 100 Islamists dead. (The Islamists say thousands died, including children.) Consequently in September 2007 Al-Qaeda declared jihad against the government of Pakistan and the war was on in earnest. This war pits a determined al-Qaeda-Taliban alliance (with numerous high-level sympathisers) against an unstable and equivocating Pakistani government and a conflicted and divided Pakistani Army plagued by Pashtun and Sunni defections.

In the 18 months since, the jihadists have held or captured all the tribal areas. In February 2009 President Asif Ali Zardari brokered a ‘sharia-for-peace’ deal with the Taliban in Malakand Division which comprises one third of NWFP and includes the glorious, albeit Taliban-held, Swat Valley. All of NWFP is now either ceded to the Taliban or under some degree of Taliban control or influence.

Emboldened by its Malakand victory and its advances in strategic Peshawar, the Taliban launched its Spring Offensive with a further escalation. In early April a more united Taliban (see RLP 518, 23 Feb 2009) surged with little resistance south east from Swat (towards Islamabad) into Buner District in a ‘blitzkreig’. From there they quickly infiltrated Haripur District which borders the outskirts of Islamabad and Rawalpindi. According to most Western and Indian analysis and intelligence, Pakistan’s fall is inevitable and imminent, although according to Pakistan, this assessment is ‘ridiculous’.

The Church in Pakistan’s NWFP is already suffering severe repression and persecution under Taliban tyranny. Christians there are living in fear and paying jizya, the’tax’ or protection money demanded of subjugated Jews and Christians in the Quran (Sura 9:29). Their lives are always in the balance. The Church in Islamabad stands on the brink of the same fate. If the al-Qaeda-Taliban alliance manages to capture Islamabad in the months ahead, the world will instantly become a different place, and the Church in Islamabad and across Pakistan will see suffering and persecution unlike anything it has ever known before.

Report from the Christian Telegraph

KNIGHTS TEMPLAR TRIAL RECORDS INDICATE POSSESSION OF SHROUD OF TURIN


A researcher in the Vatican Secret Archives claims to have filled a gap in the known history of the Shroud of Turin, saying that rediscovered records of the Knights Templar trials show the Shroud had been in the possession of the order before it was suppressed, reports Catholic News Agency.

The Shroud had disappeared in the sack of Constantinople in 1204 during the Fourth Crusade and reports of it do not surface again until 1353, Researcher Barbara Frale said in L’Osservatore Romano. The Shroud was then displayed in a church at Lirey in France by descendants of Geoffroy de Charney, a Templar Knight burned at the stake with the last head of the order, Jacques de Molay. According to L’Osservatore, Frale has uncovered new evidence concerning the Shroud in the testimony surrounding the Knights Templar, a crusading order.

Founded at the time of the First Crusade in the eleventh century, the Knights Templar protected Christians making the pilgrimage to Jerusalem. They took their name from the Temple of Jerusalem, near which they were first stationed.

After the crusaders lost the Holy Land with the fall of the city of Acre in 1291, support for them weakened. Accused of both heresy and engaging in corrupt and sexually immoral secret ceremonies, the order’s leaders were arrested by King Philip IV of France. The king pressured Pope Clement V to dissolve the Knights Templar, which he did in 1307.

Frale reported that a trial document recounts the testimony of Arnaut Sabbatier, a young Frenchman who entered the order in 1287. He testified that as part of his initiation he was taken to “a secret place to which only the brothers of the Temple had access.” He was shown “a long linen cloth on which was impressed the figure of a man” and instructed to venerate the image by kissing its feet three times.

Frale said that the Knights Templar had been accused of worshiping idols, in particular a “bearded figure.”

According to Frale, the Knights took possession of the Shroud to rescue it from heretical groups such as the Cathars.

In 2003 Frale rediscovered her trial document source, known as the Chinon Parchment, after realizing it had been wrongly cataloged in the Vatican Library.

Radiocarbon dating tests conducted on the Shroud in 1988 indicated it was a medieval forgery. However, the tests’ accuracy has been challenged on the grounds the sample was taken from an area of the Shroud mended after a medieval fire.

The Catholic Church has not taken a position on the authenticity of the Shroud.

Report from the Christian Telegraph

ERITREA: CHRISTIAN DEATHS MOUNT IN PRISONS


Three more believers die in military confinement centers in past four months.

LOS ANGELES, January 21 (Compass Direct News) – Three Christians incarcerated in military prisons for their faith have died in the past four months in Eritrea, including the death on Friday (Jan. 16) of a 42-year-old man in solitary confinement, according to a Christian support organization.

Sources told Open Doors that Mehari Gebreneguse Asgedom died at the Mitire Military Confinement center from torture and complications from diabetes. Asgedom was a member of the Church of the Living God in Mendefera.

His death followed the revelation this month of another death in the same prison. Mogos Hagos Kiflom, 37, was said to have died as a result of torture he endured for refusing to recant his faith, according to Open Doors, but the exact date of his death was unknown. A member of Rhema Church, Kiflom is survived by his wife, child and mother.

Incarcerated Christians from throughout Eritrea have been transferred to the Mitire prison in the country’s northeast. In 2002 the Eritrean regime outlawed religious activity except that of the Orthodox, Catholic, Lutheran or Muslim religions.

In October Open Doors learned of the death of Teklesenbet Gebreab Kiflom, 36, who died while imprisoned for his faith at the Wi’a Military Confinement center. He was reported to have died after prison commanders refused to give him medical attention for malaria.

In June 2008, 37-year-old Azib Simon died from untreated malaria as well. Weakened by torture, sources told Compass, Simon contracted malaria only a week before she died.

Together with the deaths this month, the confirmed number of Christians who have died while imprisoned for their faith in Eritrea now totals eight.

 

Mass Arrests

At the same time, the government of President Isaias Afwerki has stepped up its campaign against churches it has outlawed, earning it a spot on the U.S. Department of State’s list of worst violators of religious freedom.

The government arrested 15 members of the Kale-Hiwot Church in Keren on Jan. 11, and before Christmas at least 49 leaders of unregistered churches in Asmara were rounded up over two weeks, Open Doors reported. Last November, 34 members of the Kale-Hiwot Church in Dekemhare were arrested.

Those arrested included members of the Church of the Living God, Medhaniel Alem Revival Group and the Philadelphia, Kale-Hiwot, Rhema, Full Gospel and Salvation by Christ churches, according to Open Doors. The church leaders’ names appeared on a government list of 180 people who were taken from their homes and work places.

In the November sweep, authorities arrested 65 members of the Kale-Hiwot Church in the towns of Barentu and Dekemhare, including 17 women. In Keren and Mendefera, 25 members of the Full Gospel Church were arrested, and 20 Christians belonging to the Church of the Living God in Mendefera and Adi-Kuala were arrested.

Church leaders in Eritrea told Open Doors that by mid-December, a total of 2,891 Christians, including 101 women, had been incarcerated for their faith.

On June 8, 2008 Compass learned that eight Christians held at the Adi-Quala prison were taken to medical emergency facilities as a result of torture by military personnel at the camp. Eritrean officials have routinely denied religious oppression exists in the country, saying the government is only enforcing laws against unregistered churches.

The government has denied all efforts by independent Protestant churches to register, and people caught worshipping outside the four recognized religious institutions, even in private homes, suffer arrest, torture and severe pressure to deny their faith. The Eritrean Orthodox Church and its flourishing renewal movement has also been subject to government raids.  

Report from Compass Direct News