Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

The literary dawn: re-reading Louisa Lawson's poetry and politics

Scholarship on Louisa Lawson and the Dawn has necessarily often focussed on the important and wide-ranging achievements of her feminist work for women's legal, social and political rights. Indeed, as Audrey Oldfield notes, "Louisa Lawson was one of the most important figures in the New South Wales woman suffrage movement" (261). However, I want to focus here on the periodical publishing context of the Dawn as a means of pointing to further discussions of Lawson's significance as a poet. Megan Roughley has noted that the Dawn "was a forum for political causes, especially the movement for the emancipation and enfranchisement of women, and, as importantly to Louisa, the temperance movement" (ix), with influential articles appearing on a wide range of important issues including divorce reform. Yet, Lawson's construction of the Dawn was also highly literary from its first issue, with editorial choices and literary references reflecting her awareness of political and feminist literary culture. In addition to references such as the above quotation from Tennyson, Lawson included an epigraph from Joseph Addison's play Cato in the list of contents: "A day, an hour, in virtuous liberty, is worth a whole eternity in bondage." Citing Addison, a significant figure in the American Revolution, demonstrates Lawson's linking of radical class politics with feminism, as well as highlighting the importance of literary dialogues to Lawson's publishing work. Likewise, the concerns of Lawson's poetry are clearly situated within a continuing female tradition, and Lawson's poetry, when examined in the feminist literary context of the Dawn, reveals a radical and sophisticated poetics.

Back to the future : the war on terror and its impact on civil liberties

This comment looks at the capacity of the Australian Constitution to protect the civil liberties of a small number of citizens and would be citizens whose lives have been forever changed by recent acts of terror and the legislative and executive actions taken by the Commonwealth in response to those terrorist acts. These legal changes have included the creation of specific "terrorism" offences, the legislative proscription of two foreign organisations and, most notably, a significant expansion of ASIO's investigative powers.1
Whilst the Constitution contains a number of provisions and principles protective of civil liberties, in most instances they cannot resist government action expressly aimed at curtailing or infringing individual rights and freedoms. To this end, steps ought to be taken to strengthen existing institutions and mechanisms capable of providing meaningful civil rights scrutiny of government legislation. The comment begins with an examination of the close historical and legal parallels that exist between the present day and the Cold War era and suggests how the High Court might interpret the defence power should a terrorist attack occur on Australian soil. It concludes with a proposed reform. The reform involves vesting Ch III courts with the power to measure Commonwealth laws against the International Covenant on Civil and Political Rights when determining a legal controversy. This may operate to secure better legislative outcomes from a civil liberties perspective without compromising the supremacy of Parliament.

Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Administrative law remains the key defence against an over-zealous executive arm of government, but administrative law needs to be understood in an international context. Perhaps nowhere is this more apparent than in relation to legislation designed to counter terrorist activities. The co-ordination of terrorist activities knows no borders, and state-centered executive action designed to address the threat of terrorism necessarily operates in a broader global environment. An important but controversial part of Australia's counter-terrorism legislation suite is the power to proscribe terrorist organisations. The authors contend that the scope of judicial review available in relation to decisions of the Commonwealth executive to proscribe terrorist organisations is inadequate and may jeapordise Australia's compliance with international standards, such as those provided in the International Covenant on Civil and Political Rights. Now is an opportune time to reassess the structure and operation of the power to proscribe organisations in Australia.

Re-examining the centrality of ethnic Identity to the Kachin conflict

This paper seeks to reframe the conventional characterization of Kachin conflict which is anchored in ethnicity. Based on a series of interviews the paper focuses on how power is framed and contested in relation to processes of identification. Identity is defined as the politicised manifestation of ideological underpinnings associated with the distribution and management of political power. Thus the paper draws together field research conducted by the authors in late 2014, with theoretical discussion around key ideas often employed in analysing these conflicts: 'ethnicity', 'national race', 'identity', 'territory' and 'resource' conflict. The paper concludes that 'ethnicity' has become the outward manifestation of a conflict that is actually far more deeply underpinned by issues of political rights and distribution, state power versus decentralisation, the quest for equality and freedom, and the question of who constitute the demos in Myanmar’s democracy.

Under western eyes again : rights vernacular and the gender culture 'clash'

Gender features prominently in debates about the clash between human rights and culture, where ‘culture’ is often portrayed as a supreme obstacle to the realisation of women’s rights. Sometimes framed as an ethical conundrum between universalism and cultural relativism, the clash between culture and rights recites one as always and inevitably undercutting the other — culture undermines rights, and the imposition of human rights damages culture. An innovative attempt at recasting this clash has been a focus less on abstract philosophical debates and more on the cultural politics of rights — in particular, how they are made relevant to everyday life. Anthropologists Merry (2006; 2008a) and Levitt and Merry (2009; 2011) propose the analytical and ethnographic study of vernacularisation by demonstrating how, in local contexts, women’s human rights are remade in the vernacular. This approach has yielded rich knowledge about the myriad ways in which expectations of female inferiority and masculine entitlement to violence are contested — not through the import of Western ideas of human rights, but through the local idiom. This article considers the productive contribution of vernacularisation to this contested terrain, while also pointing to the limits that issue from its dependence on distinguishing the global from the local. Today, these two spaces are not so clearly discerned — particularly in multicultural settings where the local and the global are fused, and where human rights are translated into a vernacular of current political anxieties to do with racial and cultural difference. This is a vernacular that disguises or disavows racism through the language of human rights. These themes are illustrated and explored through the case study of a small community event in an outer suburb of Melbourne, where gender, culture and religion play out through both local and international rights vernacular.

Minority rights with Chinese characteristics

The growing influence of liberalism in China has made it important to determine the response of traditional Chinese political thought to Western liberal ideas of multicultural citizenship, and the impact of the Western liberal model of minority rights on China’s ethnic minority policy. This chapter begins by discussing the basic characteristics of the Confucian approach to minority questions and minority rights. It examines the influence of Marxism on minority rights, in general, and on Chinese practice, in particular. It then discusses China’s policies on ethic minorities, and compares current Chinese practices with the Western liberal model of minority rights.

Transnational feminism, globalisation, human rights and education

The article demonstrates how neo-liberal ideologies and market forces of
globalisation have produced new discourses in education, which have created new sites of political action and require a radical rethinking about feminist theorizing concerning gender equity in education. The article, in analysing the transformation of the social relations of gender and social stratification, draws from feminist, poststructuralist and postcolonial theories. The author concludes that there is need for redefining
feminist paradigms in global pedagogies. Such a new paradigm in feminist pedagogy, based on discourses of power, human rights and social justice should provide a foundation for improving the equity for girls and women in education and society globally.

A survey study of voting behavior and political participation in Zhejiang

Two existing models are used to conceptualize the constrained and limited participation in the communist system. The mobilization model suggests that participation was so mobilized by the party/state that it was largely meaningless, while the disengagement model supports the idea that many communist citizens adopted non-participatory behaviors such as non-voting as a means of protest. This paper attempts to demonstrate the importance of a third model – the emergent democratic culture model. The survey results show that the participation index is in proportion to the number of elections in which a villager is involved; and a growing number of voters in Zhejiang are developing citizen-initiated participation, with rights consciousness.

This research finds that the level of participation is influenced by three major factors: the perceived worth of the election itself, regularity of electoral procedures, and the fairness of electoral procedures. It also finds that parochial political culture and political apathy still exist, and the emergent democratic consciousness falls short of an ideal democratic standard. While a highly democratic culture helps to develop village democracy, the apathetic attitude continues to support the authoritarian leadership and structure in many villages. The paper also gives an account of survey research in rural China and offers a thoughtful critique of the use of voting and non-voting as the sole indicator of political participation.

Political development

This book fills a growing gap in the literature on international development by addressing the debates about good governance and institution building within the context of political development." "This accessible volume returns the key issues of human rights and democratization to the centre of the development debate and offers the reader an alternative to the conventional approach to, and definition of, the idea of "development." Discussing political development in its broadest context, it includes chapters on democracy, institutional-building, the state, state failure, nation, human rights and political violence." "Providing new insights into political development, this comprehensive text can be used on advanced undergraduate and postgraduate courses in international development, comparative politics, political theory and international relations.

Self-determination in Aboriginal political thought

Part 1 - Political Ideas -- Liberalism and the Liberal Party of Australia -- The Australian Labor Party and the Third Way -- Australian feminism: the end of 'the universal woman'? -- Self-determination in Aboriginal political thought -- From the 'social laboratory' to the 'Australian Settlement' -- Australian nationalism and internationalism -- Part 2 - Institutions of Democracy -- Parliament and the Executive -- Political integration and the outlook for the Australian party system: party adaptation or regime change? -- Administrative agencies and accountability -- The institutional mediation of human rights in Australia -- The news media and Australian politics -- The role of the state: welfare state or competition state? -- Part 3 - Political Issues and Public Policies -- National policy in a global era -- The economic policy debate -- The decentralisation of industrial relations -- The labour market and the future of employment -- The welfare reform agenda -- The social consequences of the rural reform agenda -- Politics and the environmental policy debate -- Immigration policy and the attack on multiculturalism.

Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.