Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Rethinking the Sacred and Secular Divide. Accounting and Accountability Practices in the Diocese of Ferrara (1431-1457)

Purpose – Informed by the work of Laughlin and Booth, the paper analyses the role of accounting and accountability practices within the 15th century Roman Catholic Church, more specifically within the Diocese of Ferrara (northern Italy), in order to determine the presence of a sacred-secular dichotomy. Pope Eugenius IV had embarked upon a comprehensive reform of the Church to counter the spreading moral corruption within the clergy and the subsequent disaffection with the Church by many believers. The reforms were notable not only for the Pope’s determination to restore the moral authority and power of the Church but for the essential contributions of ‘profane’ financial and accounting practices to the success of the reforms.
Design/methodology/approach – Original 15th century Latin documents and account books of the Diocese of Ferrara are used to highlight the link between the new sacred values imposed by Pope Eugenius IV’s reforms and accounting and accountability practices.
Findings – The documents reveal that secular accounting and accountability practices were not regarded as necessarily antithetical to religious values, as would be expected by Laughlin and Booth. Instead, they were seen to assume a role which was complementary to the Church’s religious mission. Indeed, they were essential to its sacred mission during a period in which the Pope sought to arrest the moral decay of the clergy and reinstate the Church’s authority. Research implications/limitations – The paper shows that the sacred-secular dichotomy cannot be considered as a priori valid in space and time. There is also scope for examining other Italian dioceses where there was little evidence of Pope Eugenius’ reforms.
Originality/value – The paper presents a critique of the sacred-secular divide paradigm by considering an under-researched period and a non Anglo-Saxon context.

Ownership Effects on Unrelated Diversification: An Institutions' Perspective

Purpose To show that differences in the extent to which firms engage in unrelated diversification can be attributed to differences in ownership structure. Methodology/approach We draw on longitudinal data and use a panel analysis specification to test our hypotheses. Findings We find that unrelated diversification destroys value; pressure-sensitive Anglo-American owners in a firm’s equity reduce unrelated diversification, whereas pressure-resistant domestic owners increase unrelated diversification; the greater the firm’s free cash flow, the greater the negative effect of pressure-sensitive Anglo-American owners on unrelated diversification. Research limitations/implications We contribute to corporate governance and strategy research by bringing in owners’ institutional origin as a shaper of owner preferences in particular with regards to unrelated diversification. Future research may expand our investigation to more than one home institutional context, and theorize on institutional origin effects beyond the dichotomy between Anglo-American and non-Anglo-American (not oriented toward shareholder value maximization) owners. Practical implications Policy makers, financial analysts, owners, and managers may want to reflect about the implications of ownership structure, as well as promoting or joining corporations with particular ownership configurations. Social implications A shareholder value-destroying strategy, such as unrelated diversification has adverse consequences for society at large, in terms of opportunity costs, that is, resources could be allocated to value-creating activities instead. Promoting an ownership configuration that creates value should contribute to social welfare. Originality/value Owners may not be exclusively driven by shareholder value maximization, but can be influenced by normative beliefs (biases) stemming from the institutional context they originate from.

The experiences of Vietnamese in Australia: the racist tradition continues

The aim of this paper is to explore and document the racism experienced by the Vietnamese people in Australia. After presenting a brief review of the role that racism towards non-Anglo immigrant groups has played in Australian society over the last century, it reports on a study in which 50 Vietnamese were asked to describe their experiences of racism. These experiences were categorised according to a taxonomy derived from the data, and interpreted with reference to those reported by indigenous participants in a previous study. It is concluded that, although the racism reported is less pervasive and frequent than that reported by Indigenous Australians, the tradition of racism toward non-Anglo immigrants continues.

Community language programs in Australian schools: policy at the crossroads

The linguistic situation in Australia today presents an intriguing case for sociolinguistic inquiries. Despite the recent waves of migration from non Anglo-Celtic regions, the majority of Australians today are primarily monolingual with English being the dominant language. More critical, perhaps, is the diminishing appeal of second language learning even among second generation speakers of the large ethnic communities. This is indeed ironic giving that prior to white settlement in Australia, the Aboriginal inhabitants were predominantly multilingual with more than 250 languages (and many of their dialects) spoken by the 300 000 original inhabitants at the time when Captain James Cook's ship reached Botany Bay in Sydney in 1770. Given the size of the post-War migration, it was not until 1987 that the Australian government adopted a formal national policy on languages becoming 'the first English-speaking country to have such a policy and the first in the world to have a multilingual languages policy' (Australian Alliance for Languages 2001: 2). This paper will discuss the historical context for multilingualism in Australia and the current trend in government policy and funding. It will provide insights into community language programs and the challenges of remaining viable and relevant in the current social and political climate. Statistical analyses will be used to highlight emerging trends and future prospects.

Career in writing : Judah Waten and the cultural politics of a literary career

This thesis examines the literary career of Judah Waten (1911-1985) in order to focus on a series of issues in Australian cultural history and theory. The concept of the career is theorised as a means of bringing together the textual and institutional dimensions of writing and being a writer in a specific cultural economy. The guiding question of the argument which re-emerges in different ways in each chapter is: in what ways was it possible to write and to be a writer in a given time and place? Waten's career as a Russian-born, Jewish, Australian nationalist, communist and realist writer across the middle years of this century is, for the purposes of the argument, at once usefully exemplary and usefully marginal in relation to the literary establishment. His texts provide the central focus for individual chapters; at the same time each chapter considers a specific historical moment and a specific set of issues for Australian cultural history, and is to this extent self-contained. Recent work in narrative theory, literary sociology and Australian literary and cultural studies is brought together to revise accepted readings of Waten's texts and career, and to address significant absences or problems in Australian cultural history. The sequence of issues shaping Waten's career in writing is argued in terms of the following conjunctions of theoretical and historical categories: proletarianism, modernity and theories of the avant-garde; the "e;migrant"e; writer and minority literatures; realism, political purpose and narrative self-situation; communism, nationalism and literary practice in the cold war; utopianism and the "e;literary witness"e; narrative of the Soviet Union; assimilationism, multicultural theory and the "e;non-Anglo-Celtic"e; writer; theories of autobiographical writing, and autobiography in Waten's career. The purpose of the thesis is not to discover a single key to Waten's writing across the oeuvre but rather to plot the specific occasions of this writing in the context of the structure of a career and the cultural institutions within which it was formed.

The structure of academic prose : intercultural and interdisciplinry dimensions

In the contemporary world of increasing internationalisation of scholarship the ability to communicate in the “lingua franca” of global research communities and familiarity with relevant academic genres is crucial to attaining research visibility in the academy. Native English language competency does not guarantee the possession of knowledge and skills about how to manipulate the language structure of academic genres to produce the kind of scholarly prose acceptable in the community of readers. This task is even more challenging to Non-NESB academic writers, mainly because the purpose of academic writing is both informative and rhetorical, and the information packaging strategies are likely to be discipline and culture bound.
Communication in professional academic culture is carried out and codified by selected genre categories which function as the media for scholarly discussions. This presentation focuses on the structure of a research paper, the most widely established form of presenting academic research. With an increasing internationalisation of scholarship, the schema of a research paper faces two potentially conflicting sets of forces. At one end are the forces of established conventions of the rhetorical pattern of research papers which are modelled on the structure of an “Anglo” research paper. On the other are the forces of norms for text construction of the author’s culture of socialization.

I discuss analytical approaches to the examination of the relational organisation of this genre exploring both intercultural and interdisciplinary dimensions. I examine paratactic and hypotactic configurations of the structure of research paper, providing examples of relational strategies utilised by native and no-native English speaker writers representing Anglo and non-Anglo discourse communities.

Will the real Waleed Aly please stand up?: Media, celebrity and the making of an Australian public intellectual

Abstract: Waleed Aly is arguably the most visible and vocal Australian public intellectual from a non-Anglo-Australian background. The ubiquitous Aly is a veritable Renaissance man - he is a television presenter, radio host, academic and rock musician. He is also a former lawyer, and served on the executive committee of the Islamic Council of Victoria. In short, he is the 'go-to' Muslim for commentary on a wide range of political and civic affairs. This article argues that Aly's media profile and celebrity status have as much to do with an Australian cultural imaginary that posits 'whiteness' as an uncontestable normative value as it does with Aly's undoubted skills as a journalist, academic and cultural commentator. It examines Aly's career with reference to Ghassan Hage's concept of 'whiteness' as a form of aspirational cultural capital and various theories of persona and performativity. For Hage, 'whiteness' is not a literal skin colour; rather, it consists of elements that can be adopted by individuals and groups (such as nationally valued looks, accents, tastes, cultural preferences and modes of behaviour). While entry to what Hage calls Australia's 'national aristocracy' is generally predicated on possessing the correct skin tone, it is theoretically possible for dark-skinned people such as Waleed Aly to enter the field of national belonging and partake in public discourse about a range of topical issues. More specifically, the article substantiates its claims about Aly's status as a member of Australia's cultural aristocracy through a comparative discourse and performance analysis of his presentation of 'self' in four distinctive media contexts: Channel 10's The Project, the ABC RN Drive program, ABC TV's Q&A and the SBS comedy-talk show Salaam Caf , which looked at the 'funny side of life as an Australian Muslim' and showcased other multi-talented Muslim professionals of both genders.

Ethnic diversity as a multilevel construct:the combined effects of dissimilarity, group diversity, and societal status on learning performance in work groups

The authors present a model of the multilevel effects of diversity on individual learning performance in work groups. For ethnically diverse work groups, the model predicts that group diversity elicits either positive or negative effects on individual learning performance, depending on whether a focal individual’s ethnic dissimilarity from other group members is high or low. By further considering the societal status of an individual’s ethnic origin within society (Anglo versus non-Anglo for our U.K. context), the authors hypothesize that the model’s predictions hold more strongly for non-Anglo group members than for Anglo group members. We test this model with data from 412 individuals working on a 24-week business simulation in 87 four- to seven-person groups with varying degrees of ethnic diversity. Two of the three hypotheses derived from the model received full support and one hypothesis received partial support. Implications for theory development, methods, and practice in applied group diversity research are discussed.

Sentencing Indigenous and Non-Indigenous Women in Western Australia’s Higher Courts

This article presents results from an exploratory study seeking to examine the role of sentencing in the continuing overrepresentation of Indigenous women in Western Australia’s prisons. Sentencing data from Western Australia’s higher courts indicate that Indigenous women were less likely than non-Indigenous women to be sentenced to a term of imprisonment when appearing before the court for comparable offending behaviour and histories.

Psychotherapy in Australia : clinical psychology and its approach to depression

In Australia, clinical psychology training is dominated by cognitive and behavioral treatments (CBTs), although there is exposure to other theoretical orientations. Since 2001, over 20% of general medical practitioners (GPs) have received training in CBT, and psychiatry training increasingly incorporates CBT elements. Psychotherapy by medical practitioners is financially supported by universal health care funding with supplementation by patients and their private health insurance. Federally funded health benefits for up to 12 psychology consultations per year are provided on referral from GPs and psychiatrists, and initial take up has been very strong. Mrs. A would be a typical patient for such a referral. However, she would not fulfil criteria for priority access from state-funded mental health services. Mrs. A would probably consult a GP and receive antidepressants, although she may also access a range of other community support programs. Access to and acceptance of psychotherapy would be greater in urban areas, and if she were of Anglo-Saxon and non- indigenous origin.