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ARK TRIBE, THE ABCC & THE AUSTRALIAN CRISIS IN OHS&W

August 28th, 2010

 

ARK TRIBE, THE ABCC & THE AUSTRALIAN CRISIS IN OHS&W 

Introduction

I was asked by the members of the Eco Socialist Convergence in South Australia to prepare a pamphlet about the struggles by the union movement to have the most effective OHS&W laws in Australia to protect workers from death, disease and injury in our workplaces and the abolition of the anachronistic ABCC (Australian Building and Construction Commission) and the dropping of charges by it against Adelaide construction worker, Ark Tribe, who could face 6 months gaol.

As I began to consider the obstacles being faced to having effective OHS&W laws introduces in Australia, I realised that this task really needed something longer than a pamphlet to analyse them in more detail.

Some readers may think that I am being unnecessarily alarmist, given that OHS&W has gradually improved over the past 20 years. However, I believe that we have almost reached a stalemate to further improvements.

There are many factors as to why this is happening eg the resistance by the opposition of the Australian Chamber of Commerce and Industry and many employers (but not all) to the introduction of improved regulations and codes; the reluctance of politicians (Liberal and ALP) to introduce more effective laws; the failure by the media to give priority to industrial accidents (compare the focus on traffic accidents); insufficient number of inspectors to enforce codes and laws; apathy of the general public; the reluctance of many ACTU and some union leaders to give priority to effective OHS&W campaigns etc

Humphrey McQueen has analysed many of these factors in his brilliant book Framework of Flesh – Builders’ Labourers Battle for Health & Safety.

My aim is to give a brief background of Australia’s standing in OHS&W in a world context and to encourage progressive people to understand that OHS&W is a top priority for ordinary working people in Australia and needs our urgent attention now. I also hope that it will challenge those who were hitherto uncommitted about OHS&W to struggle for best practice OHS&W laws, to give support to Ark Tribe and demand the abolition of the ABCC.

Some believe that Ark might well win on a legal technicality, however, the changes in our OHS&W laws will still occur and we need to fight for best practice, effective legislation.

If Ark still faces imprisonment, obviously we should fight to prevent this happening and to struggle for the ABCC to be abolished.

A Brief International Summary

One of the most concerning issues facing working class people world-wide is the issue of health, safety and welfare of workers. We have all heard the tragic stories of the huge death tolls of miners in China and South Africa; silicosis-TB amongst Bolivian tin miners (who were dying in large numbers at about 30 years of age), miners and process workers of the killer dust, asbestos etc.

Of course, this is not a new situation. Many of us have read of the conditions that prevailed in the factories that were built during the Industrial Revolution in Britain. Often, it was death and disease at work that were the major reasons for the establishment of trade unions.

There has been the expectation by many owners of industries for centuries that workers should be grateful to have work and, if there are risks to life and health, they should be grateful to have a job! I would argue that many employers in the world and Australia today share that view.

According to the International Labour Organisation (ILO), across the world:

  • Each year, more than two million working women and men die as a result of
  • work-related accidents and diseases
  •  
  • Workers suffer approximately 270 million occupational accidents each year, and
  • fall victim to some 160 million incidents of work-related illnesses
  •  
  • Hazardous substances kill 440,000 workers annually
  • - asbestos claims 100,000 lives
  • One worker dies every 15 seconds worldwide – 6,000 workers die every day
  • Cancer is the biggest killer of workers and most workers who die from work-related cancer die from lung cancer and mesothelioma caused by their exposure to asbestos dust.

This was the reason why the ITUC mounted a Zero Occupational Cancer Campaign (ZOCC) recently for several years to raise awareness about carcinogens in workplaces and to have asbestos universally banned.

More people die because of work than those fighting in wars.

The situation has become so bad, that the international trade union movement observes an International Workers’ Memorial Day on 28 April each year. This day is recognised officially by the ILO, the International Trade Union Confederation (ITUC) and by the governments of many countries including Argentina, Belgium, Argentina, Bermuda, Brazil. Canada, Dominican Republic, Luxembourg, Panama, Peru, Portugal, Spain Thailand, Taiwan and the US.

It commemorates workers who have been killed, injured or diseased as a result of work and those who have been threatened, imprisoned, tortured or killed because they fought for effective OHS&W conditions.

Unions in other countries are campaigning to have their governments give official recognition to the day as well eg Benin, Czech Republic, Finland, Hungary, Malta, Nepal, NZ, Romania, Singapore and Britain.

According to the Maplecroft Health and Safety Risk Index (HSRI), worldwide, Denmark achieves the best occupational health and safety ranking, followed by Luxembourg, Switzerland, Sweden and Finland.

Nine countries fall into the ‘extreme risk’ category, with the Democratic Republic of Congo worst rated, followed by Nigeria, Ethiopia and Bangladesh. The UK is ranked the 30 safest nation, placing it at the mid-point of the ‘low risk’ group. Some other major OECD nations have worse rankings, including the USA, France, Germany, Italy and Spain. Australia is also placed in the low risk group, but it is generally agreed that it does not perform as well as Britain.

The situation in Australia

Well, some might argue, what is the fuss if we are in the low risk category?

The shocking truth is that in Australia each year:

  • almost 500,000 work related accidents occur
  • 690,000 workplace injuries or illnesses occur
  • more than 7,000 Australians die annually from work related diseases and accidents
  • (this is far in excess of the the national annual road toll)
  • the cost to the Australian economy is a staggering $57 billion.

The above statistics are a national shame for a country which claims to be a modern one and where most citizens enjoy above average wages and conditions.

Incidentally, South Australia is often known as the Mesothelioma State because South Australia has the highest incidence of mesothelioma deaths than anywhere else in Asutralia.

Attitudes of Employers

During my years as a union OH&S officer, I have encountered varying attitudes to the issue of OHS&W by employers. I have met many who are are diligent in organising their workplaces to be safe and healthy for their employees.

However, there are many employers who treat this important aspect of their work with disdain and think that it is over the top. There is a group that seem to think that because they are providing employees with work, that they should accept the risks.

How often have you heard the comment when there are accidents: ?hey know what they are getting into, so they shouldn’t be surprised if things go wrong!

Many of those who have been criminally negligent and actively opposed best safety standards do not consider that they are doing anything illegal.

One glaring example is the attitudes of employers in the asbestos mining, processing and transport industries. The worst example was of course James Hardie was the worst example. Matt Peacock’s 2009 well researched book, Killer Company James Hardie Exposed, gives a detailed account of this company’s criminal behaviour which has contributed substantially to the fact that tens of thousands of Australian workers are dying well before they should be and they are suffering dreadfully painful deaths.

Workers and members of the public were lied to about the dangers asbestos and true nature of their medical conditions. There were attempts by the employer to delay court actions in the hope that the victims would die before receiving their compensation. James Hardie tried to relocate overseas and leave insufficient monies for compensation.

Of course, there is a double standard here. The same principles do no apply to negligent drivers on our roads. They meet the full force of law if their negligence injures or kills others. And this should be the case.

ACCI (the Australian Council of Commerce and Industry), the peak employer body in Australia resists the introduction of effective new codes arguing that there are too many OHS&W laws. In 2005, ACCI published a Modern Workplace: Safer Workplace Blueprint for Improving OHS. Much of it was a complaint about Australia’s OHS&W laws and expressed the desire to have less legislation and opposed the introduction of any laws including Industrial Manslaughter (more about that later).

It released the document on 28 April, IWMD, the very day that millions around the world were involved in ceremonies to remember workers, friends and loved-ones who had died or suffered in the workplace.

On one hand, Australia’s OHS&W laws need to be uniform in all states, but they also need to be effective and they need to be adequately enforced.

Many employers promote the concept of behavioural safety. This approach to OHS&W relies on constantly monitoring the safety performance of employees and does not concentrate on the insistence that employers provide safe and healthy workplaces. Those pushing this philosophy tend to blame the workers for accidents, injury and disease

Humphrey McQueen describes many of these attitudes in Framework of Flesh.

A young Adelaide apprentice, Daniel Madeley, died in April 2004 after his dustcoat caught in an unguarded horizontal boring machine at Diemould Tooling Services, dragging him into a gigantic drill and flinging him around causing horrific injuries.

A spokesperson for the company stated in court that the company owner at the time of the accident was someone who regarded safety improvements as a bit unnecessary! The company was fined $72,000 for breaches of SA’s OHS&W regulations.

WorkChoices

Most would agree that the major reason why the Howard Government was defeated at the 2007 federal elections was the issue of WorkChoices. The Australian trade union movement mounted a very costly, spectacular and effective campaign in the lead up to that election and that was a major factor in the Howard defeat.

The ALP promised to overturn WorkChoices, abolish the Australian Building and Construction Commission (ABCC) and do something about unifying and extending Australia’s OHS&W laws.

The ABCC

The ABCC was created by the Howard Government to put pressure on the CFMEU just as it saided and abetted the actions of Patricks against the MUA in 1998. The ABCC is an anachronistic body which has been given strong arbitrary powers to impose intolerable control over the industrial and OH&S activities of construction workers. Howard sought to create a situation where building and construction workers would be blocked from demanding safe working conditions, which many construction employers did not want to pay.

Ark Tribe, a construction worker in SA, faces 6 months gaol because he held meetings to address OH&S issues at his worksite at Flinders Medical Centre and refused to give details of that meeting to the ABCC .

A political party claiming to support workers would have abolished such a body in its first week of office just as Whitlam abolished the National Service Act in 1972.

The existence of such a body should not be happening in a civilised country in the 21st century.

The campaign to abolish the ABCC and prevent Ark Tribe from going to gaol is a very important one, but I believe that it should be seen in the context of the present threat to our OHS&W laws during the process of harmonisation.

Harmonisationof OH&S Laws

Arising from the promises of the 2007 election promises, the Rudd and Gillard Governments have been standardising our OH&S laws in the nation in an exercise that began in 2008. Many unionists involved in OHS&W wanted to avoid the use of the word harmonisation as it was a term used by the Howard Government and most workers did not trust a process to merge our OHS&W laws if Howard or Abbott were in control of the process.

The unifying of the laws is something that OHS&W activists in the Australian union movement have been demanding for a period of over 2 decades. During that time, the union OHS&W activists have always argued that national uniform OHS&W laws effectively protect workers and that they should be effectively enforced.

It  would be a good thing if the harmonisation process was leading to best practice legislation with effective enforcement. The fact is, however, that what we are going to get will be seriously watered down OH&S laws, which could lead to even higher levels of work-related disease, accidents and death.

Of particular concern is the fact that existing asbestos codes and regulations will become less stringent. Exposure to asbestos dust is currently the biggest killer of Australian workers.

NSW OH&S legislation allows for unions in that state to initiate prosecution of employers alleged to be criminally negligent. This will not be retained in the new national laws. There are many other changes which will make it more difficult for Health & Safety Representatives (H&SRs) to play the role that they can in SA and other states to protect the health and safety of fellow workers.

It is obvious that the outcome will be disastrous for Australian workers.

The ACTU Leadership & Attitudes to OHS&W

The ACTU leadership over the years claims that OHS&W is a major issue, however, the action to demonstrate this commitment has not always been very strong. When I first got involved with the ACTU OH&S Committee in the late 1980s, it met once every 2 years. A number of activists managed to change this so that it was gradually increased to 4 times a year which is still the case.

The ACTU Assistant Secretary responsible for OHS&W when I first was first on the Committee basically expected to tell the committee members about OHS&W issues and did not want delegate feedback. It was quite a struggle to get motions put, carried and then actioned. I don’t think he understood that unions are actually supposed to be democratic!

At that time, the ACTU was generally way behind the latest thinking in preventive strategies. For example, when most modern manual handling codes had already ruled out weight limits for workers and were promoting the concept of no worker should lift a weight beyond which s/he was able to manage and engineering solutions to MH problems, this ACTU assistant secretary was still pushing for weight limits.

Further, the welfare aspect of OHS&W was considered to be a joke. Once, when we were considering an ACTU recommended accident/injury report form, I noticed that amongst the multiple choice boxes on the draft form, there were none asking injured workers about psychological injuries. I did not get much support for this position then, but now, nobody but the worst employers, ACCI (the Australian Council of Commerce and Industry), the peak employer body in Australia resists the introduction of effective new codes arguing that there are too many OHS&W laws.

Most unions have workers’ compensation officers or hire experienced lawyers to assist their members with workers compensation claims. However, very few have specialist OH&S officers to promte prevention and assist members in their struggles for safer and healthier workplaces.

In the late 1990s, the ACTU initiated a new program called Organising Works to address the issue of declining union membership and to promote improved grass root actions in more workplace to resolve industrial issues. Organising Works was brilliant except that one of the program’s key trainers promoted the idea that unions did not need specialist OH&S officers. As a result, one union secretary in SA who is now a parlamentarian abolished the OH&S officer position in his union. Quite appropriately, there was a great member backlash, but the position was not replaced

ACTU OH&S Unit

In 1981, Dr John Matthews was the founding leader of the ACTU-Victorian Trades Hall Council OH&S Unit. Over the years, this unit has assisted large numbers of union activists on OHS&W matters and represented the union movement in trying to achieve best practice OHS&W codes and laws.

During then time of the National OH&S Commission, the ACTU and ACCI (the Australian Council of Commerce and Industry), the peak employer body, received grants to employ a number of staff in their respective organisations.

For a number of years, from the late 1990s to about 2005, the ACTU employed 3 well qualified and experienced staff in this unit. This dedicated group of people were involved in negotiating with the NOHSC and other agencies preparing national codes, working on the ACTU OH&S Committee papers, assisting union leaders activists with expert advice, organising OHS&W campaigns every year to coincide with IWMD and union OH&S conferences and providing up to date OHS&W information to the union movement.

Sadly, they were basically stampeded out of the unit in 2005 by Richard Marles, an ACTU assistant secretary who is now a federal parliamentarian. They were replaced with one officer.

The person appointed was Steve Mullins who did not have experience in OHS&W, but worked extremely hard to get control of the job. He achieved much, but obviously could not match the achievements of the 3 officers who preceded him.

OHS&W & Elections

The ACTU usually goes into overdrive when there are federal or state elections to promote current union campaigns.When I was a member of the ACTU OH&S Committee in 2006, I successfully moved a motion that OHS&W be a major component of the ACTU Your Rights at Work Campaign which was a major reason for the defeat of the Howard Government at the 2007 elections.

Also, just prior to the elections, the ACTU OH&S Committee finalised the Union Charter of Workplace Rights for OHS & Workers’ Compensation. This statement was seen as a very important document by the union movement as it assumed that workers have a basic human right to have the best OHS&W conditions in their workplaces, effective legislation and strong enforcement of it and adequate compensation if they still became injured or diseased.

The ACTU OH&S Committee recommended that the Charter be used as an election tool and to call on activists to ask candidates to commit to it during the campaign in the lead up to the 2007 election.

Sadly the issue of OHS&W was not central to that campaign. Basically, any mention of OHS&W was left to that courageous worker, Bernie Banton, who was terminally ill because he was in the final stages of mesothelioma. Bernie took on former Health Minister Tony Abbott to have the drug, Alimta, made available on the pharmaceutical benefits scheme to mesothelioma sufferers. This drug helps to alleviate the symptoms of cancer and prolongs life and was available for sufferers of ordinary lung cancer, but not mesothelioma of the lung. Abbott was not going to give in, but changed his mind just before the 2007 election thanks to the actions of Bernie and some very callous remarks made by Abbott.

To be fair, former ACTU Secretary, Greg Combet, also accompanied Bernie Banton in court appearances to ensure that asbestos victims received more adequate compensation than what the James Hardie corporation was originally prepared to give. This battle also proved victorious.

Some unions did promote the Charter, but it was not promoted by the ACTU leadership. Indeed, during this time, it was very difficult for many union members to find it on the ACTU website.

It should be noted that Greg Combet, the former ACTU secretary was one of a number of union leaders who successfully entered Federal Parliament in 2007. Union activists might well ask what are these MHRs and senators doing to ensure we get the most effective OHS&W laws?

Then Deputy PM Julia Gillard, addressed the 2008 ACTU OH&S Conference in Melbourne. I asked her if she would personally commit to the Charter. Her response was that she would not do so as she had not seen it. Steve Mullins told me that her had given it to her personally.

At the 2009 ACTU OH&S Conference in Sydney, the delegates carried a resolution urging the ACTU Executive to organise a campaign to promote OHS&W that would be as well resourced as the Your Rights at Work Campaign (YRWC). In response, the ACTU initiated a campaign entitled DON’T RISK 2ND RATE SAFETY (DRSRS) which is supposed to pressure the Government to introduce effective laws which will be effectively enforced.

The leadership activity around this campaign is so low that many key union members do not know of its existence.  At an Ark Tribe rally in 2009, I worked with a group of comrades to encourage the several thousand present ro sign a petition for the DRSRS Campaign. Out of several hundred activists attending the rally I spoke to not one knew that the ACTU even had a campaign!

The union movement in Australia is very fortunate that the Victorian Trades Hall Council (VTHC) OH&S Unit exists because it has done a great job in providing OHS&W resources to assist the ACTU during the harmonisation exercise as well as promoting the important ongoing OHS&W campaigns.

Zero Occupational Cancer Campaign (ZOCC)

This campaign organised by the ITUC should have provided a great opportunity for the union movement in Australia to educate the public about work-related cancers. Cancer is the biggest killer of workers world-wide and in Australia, the asbestos-related cancers are the ones that claim most workers’ lives.

In 2008, the ACTU OH&S Unit organised a one day briefing for union officials. About 30 attended and most were officers responsible for OHS&W. At this day, there was agreement that the union movement would make this a large campaign that would involve grass-root union activists across the nation. It was also agreed that there would be a national conference inolving unions, researchers, cancer councils, cancer sufferers and the wider community.

In late 2009, there was a successful one day conference, kNOw Cancer in the Workplace Conference, which involved the Australian Cancer Council. The papers can be found on the Cancer Council’s website, but not on the ACTU’s.

ZOCC was picked up more energetically by the Victorian Trades Hall Council (VTHC) OH&S Unit, which organised a number of events and carried a lot of information on its website.. A few unions independently organised their own events and carried information on their websites eg AMWU, AEU, PSA/CPSU . In South Australia, the PSA/CPSU and SA Unions held half day seminars during SafeWork SA’s Safe Work Month in 2008.

It is interesting to compare what happened during this campaign in other parts of the world. As I mentioned earlier, the campaign continued for about 5 years internationally. The Canadian Auto Workers prepared a manual for its members, which explained how cancers are formed, what chemicals and other agents cause them, suggested actions to identify carcinogens in workplaces and to have them replaced with safer products. There were goals to drastically reduce the number of carcinogenic agents used in workplaces world-wide and to achieve an international ban on asbestos.

Britain’s Hazards Magazine repeatedly included information about the campaign. The International . The International Metalworkers Federation prepared a very informative booklet, which was used by its affiliates and other unions around the world.

The issue of occupational cancer is a big one in this country and the ACTU leadership should have shown greater leadership to ensure that ZOCC continued for a longer time and reached many more Australian workers than it did.

Why OHS&W is not deemed as a major issue by the ALP & some union leaders

OHS&W is one of the great issues that the progressive movement needs to adopt far more strongly than it has in the past. ALP governments are not willing to push this issue as strongly as they should if ithey were truly supporting the Australian working class.

This also affects the ACTU as many of its leaders eventually become ALP MPs and they do not want to take stands that are likely to get them off side with the conservative elements in ACCI and the ALP.

ACCI representatives almost always push for OHS&W codes that are not effective and certainly oppose the introduction of Industrial Manslaughter Legislation. Such legislation would ensure that negligent employers whose negligence leads to death, serious injury or disease would personally be liable to be fined and/or serve prison terms.

The only ALP government in Australia to support such legislation is the ACT government.

This is the reason why progressive unionists and activists need to be active in promoting OHS&W

I thought it was amazing that the Federal Government was so inept in defending itself during the public debate over the tragic deaths of the insulation workers while carrying out installation work as part of the Federal Government home insulation program. virtually accused Peter Garrett of industrial manslaughter.  

Government members could have pointed out that, in every state and territory of Australia, there are already OHS&W laws that require employers to undergo a risk assessment procedure and to provide their employees with adequate training in safe work procedures

before any work begins and to ensure that there is effective supervision. Further, all employers have a duty to provide healthy and safe workplaces and to provide employees with safe equipment and materials to carry out their work safely. Each state and territory have inspectorates to ensure that these laws are adhered to.

Deputy PM, Julia Gillard, was correct when she stated that Peter Garrett cannot be in every roof while the insulation is being installed. However, if it is true he knew that there were poor safety standards involved at the beginning of the program, the responsible course of action on his part would have been to liaise with OH&S authorities around the country to ensure that all involved in the program were trained and were provided with safe systems of work, safe equipment and effective safeguards before the work commenced. Further, inspectorates should have been monitoring the program closely to ensure that safety standards were not being breached.

 Those workers died because there were failures on the part of many key players.

During the public debate, Tony Abbott tried to accuse Peter Garrett of industrial manslaughter. This is interesting because the Liberal and National parties have always opposed the introduction of industrial manslaughter legislation. The only government that has such legislation is the ACT. There have also been attempts to introduce this type of legislation in NSW, Victoria ans SA, but other ALP governments do not want to introduce such legislation either largely because of the reaction by the big employers.

If people who drive in a negligent manner kill or maim others, they expect heavy fines and prison terms. Why should this not the case for negligent employers who through their negligence kill or maim employees? This should be an integral part of an effective OH&S legal system. As I write, the local daily paper, The Advertiser, ran two stories one about a young person driving in a dangerous manner and the other about an industrial death on the desalination plant at Port Stanvac. The first story was on page 3 even though no-one was hurt; the report of the industrial death appeared on page12!

Having worked in the union movement for about 25 years, I know that many union leaders including those in the ALP do not give much priority to OHS&W. For some of those who want to enter parliament, I am sure that there is the consideration of not wanting to get big interests off side, but for many others, they just don’t understand.

This is the challenge. As we struggle to make changes for a safer and healthier future, we need to change

Conclusion

It is my view that all progressive, green and social justice activists should strongly support the campaign to abolish the ABCC and to prevent Ark Tribe from going to prison. However, the ever present issue is the demand for OHS&W codes and laws that protect workers from injury, disease and death.

OUR OHS&W RIGHTS AT WORK ARE WORTH FIGHTING & VOTING FOR TOO!

DON’T RISK 2ND RATE SAFETY!

DON’T RISK 2ND RATE OHS&W CAMPAIGNS!

Andy Alcock

SUGGESTED READING

I would urge all progressive activists to read the 2 books listed below as they describe the tragic situations that have been allowed to occur in Australian workplaces because of inadequate OHS&W laws and lack of effective enforcement of the laws that we have.

Humphrey McQueen: Framework of Flesh – Builders’ Labourers Battle for

Health & Safety (Ginninderra Press)

Matt Peacock: Killer Company (ABC Books)

MESSAGE TO ARK TRIBE

5/11/09 10:09

“Many workers around the country are watching your case with great interest because your courageous stand is about workers’ basic human rights to work in a healthy and safe environment.

As the ABCC tries to bully you and fellow construction workers into not organising over this crucial issue, the Gillard-Rudd government is embarked on watering down our OHS&W laws in Australia.

The struggle to resist this move by the pseudo Rudd Labor government must be resisted as we fight to remove the ABCC. In 2007, the ACTU published a Charter of Workers OH&S Rights. This is based on the UN Charter of Human Rights, but is widened to include the important principles of best practice OH&S & Workers’ Comp & Rehabilitation laws that are needed to achieve the basic human right for workers to be healthy and safe at work. It is important that all rallies to support you demand that our political leaders commit to this Charter and ensure that our national OH&S laws are very strong and not weak as could be the case. All progressive workers and Australian citizens are with you, Ark, as they keep dragging you into court hearing after court hearing. See you in December outside the Adelaide Magistrates’ Court.

A la lucha continua!

Venceremos!

Andy Alcock

former union OH&S officer & human rights activist”

ARK TRIBE, THE ABCC & THE AUSTRALIAN CRISIS IN OHS&W 

Introduction

I was asked by the members of the Eco Socialist Convergence in South Australia to prepare a pamphlet about the struggles by the union movement to have the most effective OHS&W laws in Australia to protect workers from death, disease and injury in our workplaces and the abolition of the anachronistic ABCC (Australian Building and Construction Commission) and the dropping of charges by it against Adelaide construction worker, Ark Tribe, who could face 6 months gaol.

As I began to consider the obstacles being faced to having effective OHS&W laws introduces in Australia, I realised that this task really needed something longer than a pamphlet to analyse them in more detail.

Some readers may think that I am being unnecessarily alarmist, given that OHS&W has gradually improved over the past 20 years. However, I believe that we have almost reached a stalemate to further improvements.

There are many factors as to why this is happening eg the resistance by the opposition of the Australian Chamber of Commerce and Industry and many employers (but not all) to the introduction of improved regulations and codes; the reluctance of politicians (Liberal and ALP) to introduce more effective laws; the failure by the media to give priority to industrial accidents (compare the focus on traffic accidents); insufficient number of inspectors to enforce codes and laws; apathy of the general public; the reluctance of many ACTU and some union leaders to give priority to effective OHS&W campaigns etc

Humphrey McQueen has analysed many of these factors in his brilliant book Framework of Flesh – Builders’ Labourers Battle for Health & Safety.

My aim is to give a brief background of Australia’s standing in OHS&W in a world context and to encourage progressive people to understand that OHS&W is a top priority for ordinary working people in Australia and needs our urgent attention now. I also hope that it will challenge those who were hitherto uncommitted about OHS&W to struggle for best practice OHS&W laws, to give support to Ark Tribe and demand the abolition of the ABCC.

Some believe that Ark might well win on a legal technicality, however, the changes in our OHS&W laws will still occur and we need to fight for best practice, effective legislation.

If Ark still faces imprisonment, obviously we should fight to prevent this happening and to struggle for the ABCC to be abolished.

A Brief International Summary

One of the most concerning issues facing working class people world-wide is the issue of health, safety and welfare of workers. We have all heard the tragic stories of the huge death tolls of miners in China and South Africa; silicosis-TB amongst Bolivian tin miners (who were dying in large numbers at about 30 years of age), miners and process workers of the killer dust, asbestos etc.

Of course, this is not a new situation. Many of us have read of the conditions that prevailed in the factories that were built during the Industrial Revolution in Britain. Often, it was death and disease at work that were the major reasons for the establishment of trade unions.

There has been the expectation by many owners of industries for centuries that workers should be grateful to have work and, if there are risks to life and health, they should be grateful to have a job! I would argue that many employers in the world and Australia today share that view.

According to the International Labour Organisation (ILO), across the world:

  • Each year, more than two million working women and men die as a result of
  • work-related accidents and diseases
  •  
  • Workers suffer approximately 270 million occupational accidents each year, and
  • fall victim to some 160 million incidents of work-related illnesses
  •  
  • Hazardous substances kill 440,000 workers annually
  • - asbestos claims 100,000 lives
  • One worker dies every 15 seconds worldwide – 6,000 workers die every day
  • Cancer is the biggest killer of workers and most workers who die from work-related cancer die from lung cancer and mesothelioma caused by their exposure to asbestos dust.

This was the reason why the ITUC mounted a Zero Occupational Cancer Campaign (ZOCC) recently for several years to raise awareness about carcinogens in workplaces and to have asbestos universally banned.

More people die because of work than those fighting in wars.

The situation has become so bad, that the international trade union movement observes an International Workers’ Memorial Day on 28 April each year. This day is recognised officially by the ILO, the International Trade Union Confederation (ITUC) and by the governments of many countries including Argentina, Belgium, Argentina, Bermuda, Brazil. Canada, Dominican Republic, Luxembourg, Panama, Peru, Portugal, Spain Thailand, Taiwan and the US.

It commemorates workers who have been killed, injured or diseased as a result of work and those who have been threatened, imprisoned, tortured or killed because they fought for effective OHS&W conditions.

Unions in other countries are campaigning to have their governments give official recognition to the day as well eg Benin, Czech Republic, Finland, Hungary, Malta, Nepal, NZ, Romania, Singapore and Britain.

According to the Maplecroft Health and Safety Risk Index (HSRI), worldwide, Denmark achieves the best occupational health and safety ranking, followed by Luxembourg, Switzerland, Sweden and Finland.

Nine countries fall into the ‘extreme risk’ category, with the Democratic Republic of Congo worst rated, followed by Nigeria, Ethiopia and Bangladesh. The UK is ranked the 30 safest nation, placing it at the mid-point of the ‘low risk’ group. Some other major OECD nations have worse rankings, including the USA, France, Germany, Italy and Spain. Australia is also placed in the low risk group, but it is generally agreed that it does not perform as well as Britain.

The situation in Australia

Well, some might argue, what is the fuss if we are in the low risk category?

The shocking truth is that in Australia each year:

  • almost 500,000 work related accidents occur
  • 690,000 workplace injuries or illnesses occur
  • more than 7,000 Australians die annually from work related diseases and accidents
  • (this is far in excess of the the national annual road toll)
  • the cost to the Australian economy is a staggering $57 billion.

The above statistics are a national shame for a country which claims to be a modern one and where most citizens enjoy above average wages and conditions.

Incidentally, South Australia is often known as the Mesothelioma State because South Australia has the highest incidence of mesothelioma deaths than anywhere else in Asutralia.

Attitudes of Employers

During my years as a union OH&S officer, I have encountered varying attitudes to the issue of OHS&W by employers. I have met many who are are diligent in organising their workplaces to be safe and healthy for their employees.

However, there are many employers who treat this important aspect of their work with disdain and think that it is over the top. There is a group that seem to think that because they are providing employees with work, that they should accept the risks.

How often have you heard the comment when there are accidents: ?hey know what they are getting into, so they shouldn’t be surprised if things go wrong!

Many of those who have been criminally negligent and actively opposed best safety standards do not consider that they are doing anything illegal.

One glaring example is the attitudes of employers in the asbestos mining, processing and transport industries. The worst example was of course James Hardie was the worst example. Matt Peacock’s 2009 well researched book, Killer Company James Hardie Exposed, gives a detailed account of this company’s criminal behaviour which has contributed substantially to the fact that tens of thousands of Australian workers are dying well before they should be and they are suffering dreadfully painful deaths.

Workers and members of the public were lied to about the dangers asbestos and true nature of their medical conditions. There were attempts by the employer to delay court actions in the hope that the victims would die before receiving their compensation. James Hardie tried to relocate overseas and leave insufficient monies for compensation.

Of course, there is a double standard here. The same principles do no apply to negligent drivers on our roads. They meet the full force of law if their negligence injures or kills others. And this should be the case.

ACCI (the Australian Council of Commerce and Industry), the peak employer body in Australia resists the introduction of effective new codes arguing that there are too many OHS&W laws. In 2005, ACCI published a Modern Workplace: Safer Workplace Blueprint for Improving OHS. Much of it was a complaint about Australia’s OHS&W laws and expressed the desire to have less legislation and opposed the introduction of any laws including Industrial Manslaughter (more about that later).

It released the document on 28 April, IWMD, the very day that millions around the world were involved in ceremonies to remember workers, friends and loved-ones who had died or suffered in the workplace.

On one hand, Australia’s OHS&W laws need to be uniform in all states, but they also need to be effective and they need to be adequately enforced.

Many employers promote the concept of behavioural safety. This approach to OHS&W relies on constantly monitoring the safety performance of employees and does not concentrate on the insistence that employers provide safe and healthy workplaces. Those pushing this philosophy tend to blame the workers for accidents, injury and disease

Humphrey McQueen describes many of these attitudes in Framework of Flesh.

A young Adelaide apprentice, Daniel Madeley, died in April 2004 after his dustcoat caught in an unguarded horizontal boring machine at Diemould Tooling Services, dragging him into a gigantic drill and flinging him around causing horrific injuries.

A spokesperson for the company stated in court that the company owner at the time of the accident was someone who regarded safety improvements as a bit unnecessary! The company was fined $72,000 for breaches of SA’s OHS&W regulations.

WorkChoices

Most would agree that the major reason why the Howard Government was defeated at the 2007 federal elections was the issue of WorkChoices. The Australian trade union movement mounted a very costly, spectacular and effective campaign in the lead up to that election and that was a major factor in the Howard defeat.

The ALP promised to overturn WorkChoices, abolish the Australian Building and Construction Commission (ABCC) and do something about unifying and extending Australia’s OHS&W laws.

The ABCC

The ABCC was created by the Howard Government to put pressure on the CFMEU just as it saided and abetted the actions of Patricks against the MUA in 1998. The ABCC is an anachronistic body which has been given strong arbitrary powers to impose intolerable control over the industrial and OH&S activities of construction workers. Howard sought to create a situation where building and construction workers would be blocked from demanding safe working conditions, which many construction employers did not want to pay.

Ark Tribe, a construction worker in SA, faces 6 months gaol because he held meetings to address OH&S issues at his worksite at Flinders Medical Centre and refused to give details of that meeting to the ABCC .

A political party claiming to support workers would have abolished such a body in its first week of office just as Whitlam abolished the National Service Act in 1972.

The existence of such a body should not be happening in a civilised country in the 21st century.

The campaign to abolish the ABCC and prevent Ark Tribe from going to gaol is a very important one, but I believe that it should be seen in the context of the present threat to our OHS&W laws during the process of harmonisation.

Harmonisationof OH&S Laws

Arising from the promises of the 2007 election promises, the Rudd and Gillard Governments have been standardising our OH&S laws in the nation in an exercise that began in 2008. Many unionists involved in OHS&W wanted to avoid the use of the word harmonisation as it was a term used by the Howard Government and most workers did not trust a process to merge our OHS&W laws if Howard or Abbott were in control of the process.

The unifying of the laws is something that OHS&W activists in the Australian union movement have been demanding for a period of over 2 decades. During that time, the union OHS&W activists have always argued that national uniform OHS&W laws effectively protect workers and that they should be effectively enforced.

It  would be a good thing if the harmonisation process was leading to best practice legislation with effective enforcement. The fact is, however, that what we are going to get will be seriously watered down OH&S laws, which could lead to even higher levels of work-related disease, accidents and death.

Of particular concern is the fact that existing asbestos codes and regulations will become less stringent. Exposure to asbestos dust is currently the biggest killer of Australian workers.

NSW OH&S legislation allows for unions in that state to initiate prosecution of employers alleged to be criminally negligent. This will not be retained in the new national laws. There are many other changes which will make it more difficult for Health & Safety Representatives (H&SRs) to play the role that they can in SA and other states to protect the health and safety of fellow workers.

It is obvious that the outcome will be disastrous for Australian workers.

The ACTU Leadership & Attitudes to OHS&W

The ACTU leadership over the years claims that OHS&W is a major issue, however, the action to demonstrate this commitment has not always been very strong. When I first got involved with the ACTU OH&S Committee in the late 1980s, it met once every 2 years. A number of activists managed to change this so that it was gradually increased to 4 times a year which is still the case.

The ACTU Assistant Secretary responsible for OHS&W when I first was first on the Committee basically expected to tell the committee members about OHS&W issues and did not want delegate feedback. It was quite a struggle to get motions put, carried and then actioned. I don’t think he understood that unions are actually supposed to be democratic!

At that time, the ACTU was generally way behind the latest thinking in preventive strategies. For example, when most modern manual handling codes had already ruled out weight limits for workers and were promoting the concept of no worker should lift a weight beyond which s/he was able to manage and engineering solutions to MH problems, this ACTU assistant secretary was still pushing for weight limits.

Further, the welfare aspect of OHS&W was considered to be a joke. Once, when we were considering an ACTU recommended accident/injury report form, I noticed that amongst the multiple choice boxes on the draft form, there were none asking injured workers about psychological injuries. I did not get much support for this position then, but now, nobody but the worst employers, ACCI (the Australian Council of Commerce and Industry), the peak employer body in Australia resists the introduction of effective new codes arguing that there are too many OHS&W laws.

Most unions have workers’ compensation officers or hire experienced lawyers to assist their members with workers compensation claims. However, very few have specialist OH&S officers to promte prevention and assist members in their struggles for safer and healthier workplaces.

In the late 1990s, the ACTU initiated a new program called Organising Works to address the issue of declining union membership and to promote improved grass root actions in more workplace to resolve industrial issues. Organising Works was brilliant except that one of the program’s key trainers promoted the idea that unions did not need specialist OH&S officers. As a result, one union secretary in SA who is now a parlamentarian abolished the OH&S officer position in his union. Quite appropriately, there was a great member backlash, but the position was not replaced

ACTU OH&S Unit

In 1981, Dr John Matthews was the founding leader of the ACTU-Victorian Trades Hall Council OH&S Unit. Over the years, this unit has assisted large numbers of union activists on OHS&W matters and represented the union movement in trying to achieve best practice OHS&W codes and laws.

During then time of the National OH&S Commission, the ACTU and ACCI (the Australian Council of Commerce and Industry), the peak employer body, received grants to employ a number of staff in their respective organisations.

For a number of years, from the late 1990s to about 2005, the ACTU employed 3 well qualified and experienced staff in this unit. This dedicated group of people were involved in negotiating with the NOHSC and other agencies preparing national codes, working on the ACTU OH&S Committee papers, assisting union leaders activists with expert advice, organising OHS&W campaigns every year to coincide with IWMD and union OH&S conferences and providing up to date OHS&W information to the union movement.

Sadly, they were basically stampeded out of the unit in 2005 by Richard Marles, an ACTU assistant secretary who is now a federal parliamentarian. They were replaced with one officer.

The person appointed was Steve Mullins who did not have experience in OHS&W, but worked extremely hard to get control of the job. He achieved much, but obviously could not match the achievements of the 3 officers who preceded him.

OHS&W & Elections

The ACTU usually goes into overdrive when there are federal or state elections to promote current union campaigns.When I was a member of the ACTU OH&S Committee in 2006, I successfully moved a motion that OHS&W be a major component of the ACTU Your Rights at Work Campaign which was a major reason for the defeat of the Howard Government at the 2007 elections.

Also, just prior to the elections, the ACTU OH&S Committee finalised the Union Charter of Workplace Rights for OHS & Workers’ Compensation. This statement was seen as a very important document by the union movement as it assumed that workers have a basic human right to have the best OHS&W conditions in their workplaces, effective legislation and strong enforcement of it and adequate compensation if they still became injured or diseased.

The ACTU OH&S Committee recommended that the Charter be used as an election tool and to call on activists to ask candidates to commit to it during the campaign in the lead up to the 2007 election.

Sadly the issue of OHS&W was not central to that campaign. Basically, any mention of OHS&W was left to that courageous worker, Bernie Banton, who was terminally ill because he was in the final stages of mesothelioma. Bernie took on former Health Minister Tony Abbott to have the drug, Alimta, made available on the pharmaceutical benefits scheme to mesothelioma sufferers. This drug helps to alleviate the symptoms of cancer and prolongs life and was available for sufferers of ordinary lung cancer, but not mesothelioma of the lung. Abbott was not going to give in, but changed his mind just before the 2007 election thanks to the actions of Bernie and some very callous remarks made by Abbott.

To be fair, former ACTU Secretary, Greg Combet, also accompanied Bernie Banton in court appearances to ensure that asbestos victims received more adequate compensation than what the James Hardie corporation was originally prepared to give. This battle also proved victorious.

Some unions did promote the Charter, but it was not promoted by the ACTU leadership. Indeed, during this time, it was very difficult for many union members to find it on the ACTU website.

It should be noted that Greg Combet, the former ACTU secretary was one of a number of union leaders who successfully entered Federal Parliament in 2007. Union activists might well ask what are these MHRs and senators doing to ensure we get the most effective OHS&W laws?

Then Deputy PM Julia Gillard, addressed the 2008 ACTU OH&S Conference in Melbourne. I asked her if she would personally commit to the Charter. Her response was that she would not do so as she had not seen it. Steve Mullins told me that her had given it to her personally.

At the 2009 ACTU OH&S Conference in Sydney, the delegates carried a resolution urging the ACTU Executive to organise a campaign to promote OHS&W that would be as well resourced as the Your Rights at Work Campaign (YRWC). In response, the ACTU initiated a campaign entitled DON’T RISK 2ND RATE SAFETY (DRSRS) which is supposed to pressure the Government to introduce effective laws which will be effectively enforced.

The leadership activity around this campaign is so low that many key union members do not know of its existence.  At an Ark Tribe rally in 2009, I worked with a group of comrades to encourage the several thousand present ro sign a petition for the DRSRS Campaign. Out of several hundred activists attending the rally I spoke to not one knew that the ACTU even had a campaign!

The union movement in Australia is very fortunate that the Victorian Trades Hall Council (VTHC) OH&S Unit exists because it has done a great job in providing OHS&W resources to assist the ACTU during the harmonisation exercise as well as promoting the important ongoing OHS&W campaigns.

Zero Occupational Cancer Campaign (ZOCC)

This campaign organised by the ITUC should have provided a great opportunity for the union movement in Australia to educate the public about work-related cancers. Cancer is the biggest killer of workers world-wide and in Australia, the asbestos-related cancers are the ones that claim most workers’ lives.

In 2008, the ACTU OH&S Unit organised a one day briefing for union officials. About 30 attended and most were officers responsible for OHS&W. At this day, there was agreement that the union movement would make this a large campaign that would involve grass-root union activists across the nation. It was also agreed that there would be a national conference inolving unions, researchers, cancer councils, cancer sufferers and the wider community.

In late 2009, there was a successful one day conference, kNOw Cancer in the Workplace Conference, which involved the Australian Cancer Council. The papers can be found on the Cancer Council’s website, but not on the ACTU’s.

ZOCC was picked up more energetically by the Victorian Trades Hall Council (VTHC) OH&S Unit, which organised a number of events and carried a lot of information on its website.. A few unions independently organised their own events and carried information on their websites eg AMWU, AEU, PSA/CPSU . In South Australia, the PSA/CPSU and SA Unions held half day seminars during SafeWork SA’s Safe Work Month in 2008.

It is interesting to compare what happened during this campaign in other parts of the world. As I mentioned earlier, the campaign continued for about 5 years internationally. The Canadian Auto Workers prepared a manual for its members, which explained how cancers are formed, what chemicals and other agents cause them, suggested actions to identify carcinogens in workplaces and to have them replaced with safer products. There were goals to drastically reduce the number of carcinogenic agents used in workplaces world-wide and to achieve an international ban on asbestos.

Britain’s Hazards Magazine repeatedly included information about the campaign. The International . The International Metalworkers Federation prepared a very informative booklet, which was used by its affiliates and other unions around the world.

The issue of occupational cancer is a big one in this country and the ACTU leadership should have shown greater leadership to ensure that ZOCC continued for a longer time and reached many more Australian workers than it did.

Why OHS&W is not deemed as a major issue by the ALP & some union leaders

OHS&W is one of the great issues that the progressive movement needs to adopt far more strongly than it has in the past. ALP governments are not willing to push this issue as strongly as they should if ithey were truly supporting the Australian working class.

This also affects the ACTU as many of its leaders eventually become ALP MPs and they do not want to take stands that are likely to get them off side with the conservative elements in ACCI and the ALP.

ACCI representatives almost always push for OHS&W codes that are not effective and certainly oppose the introduction of Industrial Manslaughter Legislation. Such legislation would ensure that negligent employers whose negligence leads to death, serious injury or disease would personally be liable to be fined and/or serve prison terms.

The only ALP government in Australia to support such legislation is the ACT government.

This is the reason why progressive unionists and activists need to be active in promoting OHS&W

I thought it was amazing that the Federal Government was so inept in defending itself during the public debate over the tragic deaths of the insulation workers while carrying out installation work as part of the Federal Government home insulation program. virtually accused Peter Garrett of industrial manslaughter.  

Government members could have pointed out that, in every state and territory of Australia, there are already OHS&W laws that require employers to undergo a risk assessment procedure and to provide their employees with adequate training in safe work procedures

before any work begins and to ensure that there is effective supervision. Further, all employers have a duty to provide healthy and safe workplaces and to provide employees with safe equipment and materials to carry out their work safely. Each state and territory have inspectorates to ensure that these laws are adhered to.

Deputy PM, Julia Gillard, was correct when she stated that Peter Garrett cannot be in every roof while the insulation is being installed. However, if it is true he knew that there were poor safety standards involved at the beginning of the program, the responsible course of action on his part would have been to liaise with OH&S authorities around the country to ensure that all involved in the program were trained and were provided with safe systems of work, safe equipment and effective safeguards before the work commenced. Further, inspectorates should have been monitoring the program closely to ensure that safety standards were not being breached.

 Those workers died because there were failures on the part of many key players.

During the public debate, Tony Abbott tried to accuse Peter Garrett of industrial manslaughter. This is interesting because the Liberal and National parties have always opposed the introduction of industrial manslaughter legislation. The only government that has such legislation is the ACT. There have also been attempts to introduce this type of legislation in NSW, Victoria ans SA, but other ALP governments do not want to introduce such legislation either largely because of the reaction by the big employers.

If people who drive in a negligent manner kill or maim others, they expect heavy fines and prison terms. Why should this not the case for negligent employers who through their negligence kill or maim employees? This should be an integral part of an effective OH&S legal system. As I write, the local daily paper, The Advertiser, ran two stories one about a young person driving in a dangerous manner and the other about an industrial death on the desalination plant at Port Stanvac. The first story was on page 3 even though no-one was hurt; the report of the industrial death appeared on page12!

Having worked in the union movement for about 25 years, I know that many union leaders including those in the ALP do not give much priority to OHS&W. For some of those who want to enter parliament, I am sure that there is the consideration of not wanting to get big interests off side, but for many others, they just don’t understand.

This is the challenge. As we struggle to make changes for a safer and healthier future, we need to change

Conclusion

It is my view that all progressive, green and social justice activists should strongly support the campaign to abolish the ABCC and to prevent Ark Tribe from going to prison. However, the ever present issue is the demand for OHS&W codes and laws that protect workers from injury, disease and death.

OUR OHS&W RIGHTS AT WORK ARE WORTH FIGHTING & VOTING FOR TOO!

DON’T RISK 2ND RATE SAFETY!

DON’T RISK 2ND RATE OHS&W CAMPAIGNS!

Andy Alcock

SUGGESTED READING

I would urge all progressive activists to read the 2 books listed below as they describe the tragic situations that have been allowed to occur in Australian workplaces because of inadequate OHS&W laws and lack of effective enforcement of the laws that we have.

Humphrey McQueen: Framework of Flesh – Builders’ Labourers Battle for

Health & Safety (Ginninderra Press)

Matt Peacock: Killer Company (ABC Books)

MESSAGE TO ARK TRIBE

5/11/09 10:09

“Many workers around the country are watching your case with great interest because your courageous stand is about workers’ basic human rights to work in a healthy and safe environment.

As the ABCC tries to bully you and fellow construction workers into not organising over this crucial issue, the Gillard-Rudd government is embarked on watering down our OHS&W laws in Australia.

The struggle to resist this move by the pseudo Rudd Labor government must be resisted as we fight to remove the ABCC. In 2007, the ACTU published a Charter of Workers OH&S Rights. This is based on the UN Charter of Human Rights, but is widened to include the important principles of best practice OH&S & Workers’ Comp & Rehabilitation laws that are needed to achieve the basic human right for workers to be healthy and safe at work. It is important that all rallies to support you demand that our political leaders commit to this Charter and ensure that our national OH&S laws are very strong and not weak as could be the case. All progressive workers and Australian citizens are with you, Ark, as they keep dragging you into court hearing after court hearing. See you in December outside the Adelaide Magistrates’ Court.

A la lucha continua!

Venceremos!

Andy Alcock

former union OH&S officer & human rights activist”

AUSTRALIAN FEDERAL ELECTIONS 2010:MEDIA STATEMENT: POLITICAL PARTIES & HUMAN RIGHTS & SOCIAL JUSTICE IN OUR REGION

August 19th, 2010

 

MEDIA STATEMENT: POLITICAL PARTIES & HUMAN RIGHTS & SOCIAL JUSTICE IN OUR REGION

In a joint announcement today, the Australia West Papua Association-SA and the Australia East Timor Friendship Association SA Inc called on Australians to vote for parties that will give a priority to human rights in our region in the forthcoming federal election. 

On 3 August, they sent a list of 5 questions to candidates of the major political parties about what they would be prepared to do about important justice and human rights issues in the Asia Pacific region. The questions were sent to the candidates of the Liberal, Labor, Australian Democrats, the Greens, Family First and Socialist Alliance parties. [The full text of the letter is below].

The questions were as follows:

1. If elected, would you be willing to seek or support a move by the Australian Government to review the oil and gas treaty (CMATS) that exists between Australia and Timor Leste to ensure that the Timorese are given a fair share of the tax revenues from the oil and gas in the Timor Sea?

(Currently, Timor Leste receives less than its entitlement due to an agreement forced on it by the Howard Government. The Rudd and Gillard Governments have not changed this situation).

2. Would you support an Australian Government initiative to obtain justice for the five victims of Balibo and their families?

3. Are you prepared to support the cessation of all cooperation with the TNI (the Indonesian military) and KOPASSUS (the TNI division with the worst history of human rights abuses) until all officers accused of serious violations against human rights have been brought to justice?

4. Would you support the Australian Government raising this issue in the UN, asking all nations to halt all military cooperation with KOPASSUS and the TNI until all the war criminals in their ranks have been brought to justice through an international tribunal?

5. Would you support the Australian Government seeking a UN administered plebiscite in West Papua so that the people can determine their own political future with all TNI personnel removed from the territory beforehand to prevent the carnage and destruction that occurred in Timor Leste in 1999?

The parties that committed to agreeing to support all the actions in the questions were the Socialist Alliance and the Australian Democrats. Both have had a commitment over many years to justice and human rights for those who have suffered repression at the hands of KOPASSUS and the TNI.

While the Greens candidates did not answer all the questions, they do have policies to support changing the scandalous situation whereby Timor Leste receives less than its fair share of the profits from the oil and gas in the Timor Sea and are also committed to supporting the demand by Timor Leste that it have an oil refinery erected on its soil. The Greens have a policy to support self determination for the people of West Papua.

Family First did not answer any questions, but expressed friendship and support for Timor Leste.

The Associations received no response whatsoever from either of Australia’s two major political parties, the Liberal Party and the ALP. It is acknowledged that both parties have supported aid programs to Timor Leste, but remain silent on issues like bringing TNI criminals to justice, changing the scandalous oil and gas agreement with Timor Leste that sees profits that rightly belong to the poorest nation in the region being taken by the wealthiest.

Further, the two major parties have a long history of cooperation with the TNI, refusing to support independence for Timor Leste until 1999 and have refused to support a process for self determination for the people of West Papua. They are both committed to the Lombok Treaty with the Indonesian Republic, which opposes any breakup of the Indonesian Republic even though the TNI is committing gross human rights abuses in West Papua, Acheh and parts of the original Indonesia eg Maluku (the Moluccas).

The two associations in the next few days will disseminate the results of this exercise to its members, members of other human rights groups and the public at large and will urge them to put human rights in the region high on their priority when they vote on election day and give their preferences to the Socialist Alliance, the Australian Democrats and the Greens.

The Committees of both associations urge all Australians to lobby all political parties to ensure that the next parliament will have a greater commitment to international social justice and human rights than has been the case with previous parliaments.

Andrew (Andy) Alcock

Information Officer

Australia East Timor Friendship Association (SA) Inc

Phone: 08 83710480

Email: andyalcock@internode.on.net

Dave Arkins

Secretary Australia West Papua Association (SA) Phone: (08) 83454480 Email: dave-arkins@bigpond.com.au

………………………………………………………………………….

3 August 2010AUSTRALIA EAST TIMOR FRIENDSHIP ASSOCIATION SA INCPO Box 240 GOODWOOD SA 5034 AUSTRALIA Email: aetfa.sa@gmail.com AUSTRALIA WEST PAPUA ASSOCIATION – SA PO Box 29 KILKENNY SA 5009 AUSTRALIA E-mail: info@awpa-sa.org.au

3 August 2010

Name

Address

Dear

The Australia-East Timor Friendship Association of SA (AETFA) and the Australia West Papua Association SA (AWPA have longstanding concerns over injustices inflicted on

the peoples of Timor Leste and West Papua. We take the opportunity of the forthcoming election to seek the support of prospective members of the Australian Parliament to rectify a number of injustices which should be amenable to any Australian Government committed to human rights. AETFA and AWPA would be greatly encouraged if we could obtain a pledge from parliamentary candidates to seek or support government action on these injustices, should they succeed in being elected. One concern is the inequitable distribution of oil revenue from the Greater Sunrise project in the Timor Sea. Under duress, the Government of Timor Leste has agreed to a treaty with Australia which overrides the entitlement they would normally receive under international maritime law (the UN Convention of the Law of the Sea), and grants them only 50% of tax revenues from Greater Sunrise. Furthermore the Timor Leste Government is bound by the treaty not to seek reconsideration of maritime boundaries for fifty years. We would be greatly encouraged if candidates for the Australian Parliament would give a commitment to seek or support a revisiting of the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS Treaty). We also seek the views of parliamentary candidates on achieving justice for the five Australian journalists murdered by the Indonesian military (TNI) in Balibo in 1975. After Australian Governments had repeatedly supported the absurd proposition that all five journalists were killed in crossfire, the facts have been clearly set out in the findings of the NSW coroner that Indonesian Special Forces deliberately killed the five Australian journalists at Balibo in 1975. The coroner recommended that federal authorities consider prosecuting two individuals. Although technically the decision on whether to prosecute lies with the Australian Federal Police (AFP) & the Public Prosecutor; it is virtually certain that the AFP will base any such decision on political advice. It is well documented that the TNI has been responsible for the deaths of at least 183,000 East Timorese between 1975 – 1999, hundreds of thousands of West Papuans since 1962, along with huge numbers of Achehnese and citizens of Indonesia itself since 1965. When the two major parties in this country are putting an emphasis on law and order in Australia, it seems logical that the same principle should apply to the peoples in our region as well, and that Australia should not support governments or organisations that commit genocide and other gross crimes against humanity. Furthermore, it is our belief that Australia should not stay quiet on the issue of seeking

justice for the East Timorese and West Papuan peoples over the multiple war crimes and crimes against humanity committed by the TNI and its most abusive element, KOPASSUS.

No senior Indonesian military personnel have ever been prosecuted in stark contrast to war-criminals in Bosnia, Rwanda or Cambodia. An International War Crimes Tribunal has yet to be set up to deal with the crimes by the TNI. Accordingly we would be grateful for your response to the following questions:

1. If elected, would you be willing to seek or support a move by the Australian Government to review the CMATS treaty to ensure that the people of Timor Leste are given a fair share of tax revenues from the oil and gas in the Timor Sea?

2. Would you support an Australian Government initiative to obtain justice for the five victims of Balibo and their families?

3. Are you prepared to support the cessation of all cooperation with the TNI and KOPASSUS until all officers accused of serious violations against human rights have been brought to justice?

4. Would you support the Australian Government raising this issue in the UN, asking all nations to halt all military cooperation with KOPASSUS and the TNI until all the war criminals in their ranks have been brought to justice through an international tribunal?

5. Would you support the Australian Government seeking a UN administered plebiscite in West Papua, with all TNI personnel removed from the territory to prevent the carnage and destruction that occurred in Timor Leste in 1999?

The Committees seek replies to these questions before the elections because we will be sending information to our members and other similar organisations that promote human rights and social justice, advising voters on the response of political parties to these questions. We want to be confident that the next parliament will have a greater commitment to international social justice and human rights than has been the case with previous parliaments.

Yours faithfully

Andrew (Andy) Alcock

Information Officer

Australia East Timor Friendship Association (SA) Inc

Phone: 08 83710480

Email: andyalcock@internode.on.net

Dave Arkins

Secretary Australia West Papua Association (SA)

 Phone: (08) 83454480

Email: dave-arkins@bigpond.com.au

ATTACK ON AID SHIP BY THE ISRAELI MILITARY – a letter to the AG & Foreign Affairs Minister

July 1st, 2010

  ATTACK ON AID SHIP BY THE ISRAELI MILITARY

- a letter to Australia’s AG & Foreign Affairs Minister sent on 02.06.2010

Mr Stephen Smith

Minister for Foreign Affairs

&

Mr R Mc Clelland

Attorney General

Australian Government

Dear Sirs

RE:    ATTACK ON AID SHIP BY THE ISRAELI MILITARY

As an Australian citizen, who has spent much of his life working for human rights, I am writing to express my concern at the very inadequate response that Australia has made to Israel’s outrageous attack on an aid ship travelling to Gaza on 31 May 2010.

It seems that up to 20 people have been killed by the Israeli army on a civilian ship that was carrying sorely needed humanitarian aid to Palestinian civilians in Gaza. The vessel was in international waters and had 700 civilians supporting Palestinian human rights. This surely has to be viewed as a crime against humanity and should be identified as such.

Even if some militants on board attacked Israeli personnel first, as Israel claims, the reaction was totally over the top. Witnesses on board, however, claim that the Israeli soldiers fired first.

To put this event in perspective, I think we should compare this aid mission to Gaza with another peace mission that occurred in 1992 and compare the results. What resulted from that  is in stark contrast to the behaviour of the Israeli military.

In March 1992, I participated in an international protest against Indonesia following the 1991 massacre of 270 East Timorese civilians at the Santa Cruz Cemetry, DIli by the Indonesian military.  The name of the protest was  ”Missao paz em Timor” (Timor Peace Mission) and it was organised by Portuguese students and academics. An international group of 120 people from 21 countries boarded the Lusitania Expresso in Darwin with the intention of laying a wreath at the Santa Cruz cemetery in memory of those who died during the massacre.

The aim of the trip was to alert the world to the genocide and the human rights abuses that were being committed against the people of East Timor by the brutal Indonesian military. 

Indonesian military spokespersons announced beforehand that we would be stopped from entering Indonesian waters, be stopped from landing in Dili, be refused permission to go to the Santa Cruz Cemetry and be  blown out of the water.  However, although the Lusitania Expresso was followed by a flotilla of Indonesian naval ships for two days, and at one stage, the Indonesian admiral threatened to take aggressive action, this did not happen.

Most people would consider that the record of the Indonesian military is far worse than that of the Israeli military. It has committed genocide in Indonesia, West Papua, East Timor and Acheh.

However, the Israeli military has also had a very tarnished record – forcing Palestinians off their lands, non judicial killings, the establishment of settlements on Palestinian lands, illegal invasions of Lebanon,  bulldozing of Palestinian houses   etc . Mainly due to the actiobns of the Israeli

army, Israel now occupies about 80% of the territory that rightly belongs to Palestine.

Surely, given this latest outrage, it is now time that countries claiming to be democratic take much firmer action against Israel.

Australia should be moving in the UN that international sanctions should be taken against Israel until it:

* allows there to be a full and independent UN investigation of the attack on the aid flotilla  and that those responsible for the murders of civilians

  are punished

* ceases allowing Jewish settlements on Palestinian lands

* ceases the construction of the Israeli West Bank barrier wall and to demolish the parts already constructed as it is being used to annexe

  Palestinian  land

* stops its inhumane blockade of Gaza

* removes its checkpoints and blockades located on Palestinian lands which constrain the human rights of Palestinians to free movement for work, 

  to meet friends and relatives, attend medical and other necessary appointments

The sanctions should include:

* removal of Israeli ambassadors

* cessation of all military cooperation with Israel

* cessation of trade

It should be noted that similar sanctions were taken against the apartheid regime in South Africa, which ironically, was supported by Israel despite the fact that its early leaders were pro Nazi.

Just as Australian leaders eventually stopped their apologetic policy to the former Indonesian dictatorship on the issue of East Timor, now is the time to take such action against the state of Israel.

Yours sincerely

Andrew (Andy) Alcock

51 Leah St

Forestville

SA 5035

AUSTRALIA

PHONE:    61 8 83710480

                0457 827 014

 

ATTACK ON AID SHIP BY THE ISRAELI MILITARY

- a letter to Australia’s AG & Foreign Affairs Minister

Mr Stephen Smith

Minister for Foreign Affairs

&

Mr R Mc Clelland

Attorney General

Australian Government

Dear Sirs

RE:    ATTACK ON AID SHIP BY THE ISRAELI MILITARY

As an Australian citizen, who has spent much of his life working for human rights, I am writing to express my concern at the very inadequate response that Australia has made to Israel’s outrageous attack on an aid ship travelling to Gaza on 31 May 2010.

It seems that up to 20 people have been killed by the Israeli army on a civilian ship that was carrying sorely needed humanitarian aid to Palestinian civilians in Gaza. The vessel was in international waters and had 700 civilians supporting Palestinian human rights. This surely has to be viewed as a crime against humanity and should be identified as such. 

Even if some militants on board attacked Israeli personnel first, as Israel claims, the reaction was totally over the top. Witnesses on board, however, claim that the Israeli soldiers fired first.

 To put this event in perspective, I think we should compare this aid mission to Gaza with another peace mission that occurred in 1992 and compare the results. What resulted from that  is in stark contrast to the behaviour of the Israeli military.

 In March 1992, I participated in an international protest against Indonesia following the 1991 massacre of 270 East Timorese civilians at the Santa Cruz Cemetry, DIli by the Indonesian military.  The name of the protest was  ”Missao paz em Timor” (Timor Peace Mission) and it was organised by Portuguese students and academics. An international group of 120 people from 21 countries boarded the Lusitania Expresso in Darwin with the intention of laying a wreath at the Santa Cruz cemetery in memory of those who died during the massacre.

 The aim of the trip was to alert the world to the genocide and the human rights abuses that were being committed against the people of East Timor by the brutal Indonesian military. 

Indonesian military spokespersons announced beforehand that we would be stopped from entering Indonesian waters, be stopped from landing in Dili, be refused permission to go to the Santa Cruz Cemetry and be  blown out of the water.  However, although the Lusitania Expresso was followed by a flotilla of Indonesian naval ships for two days, and at one stage, the Indonesian admiral threatened to take aggressive action, this did not happen.

Most people would consider that the record of the Indonesian military is far worse than that of the Israeli military. It has committed genocide in Indonesia, West Papua, East Timor and Acheh.

However, the Israeli military has also had a very tarnished record – forcing Palestinians off their lands, non judicial killings, the establishment of settlements on Palestinian lands, illegal invasions of Lebanon,  bulldozing of Palestinian houses   etc . Mainly due to the actiobns of the Israeli

army, Israel now occupies about 80% of the territory that rightly belongs to Palestine.

Surely, given this latest outrage, it is now time that countries claiming to be democratic take much firmer action against Israel.

Australia should be moving in the UN that international sanctions should be taken against Israel until it:

* allows there to be a full and independent UN investigation of the attack on the aid flotilla  and that those responsible for the murders of civilians

  are punished

* ceases allowing Jewish settlements on Palestinian lands

* ceases the construction of the Israeli West Bank barrier wall and to demolish the parts already constructed as it is being used to annexe

  Palestinian  land

* stops its inhumane blockade of Gaza

* removes its checkpoints and blockades located on Palestinian lands which constrain the human rights of Palestinians to free movement for work, 

  to meet friends and relatives, attend medical and other necessary appointments

The sanctions should include:

* removal of Israeli ambassadors

* cessation of all military cooperation with Israel

* cessation of trade

It should be noted that similar sanctions were taken against the apartheid regime in South Africa, which ironically, was supported by Israel despite the fact that its early leaders were pro Nazi.

Just as Australian leaders eventually stopped their apologetic policy to the former Indonesian dictatorship on the issue of East Timor, now is the time to take such action against the state of Israel.

Yours sincerely

Andrew (Andy) Alcock

51 Leah St

Forestville

SA 5035

AUSTRALIA

PHONE:    61 8 83710480

                0457 827 014

 

 

TAXES ON SUPER PROFITS OF MINING COMPANIES

June 20th, 2010

 TAXES ON SUPER PROFITS OF MINING COMPANIES

Dear Companeros & Friends

 I recently received an email from the Minerals Council of Australia asking me to pressure the Federal Government to stop proceeding with the taxing of mining companies’ super profits.

I decided to tell them what a lot of ordinary Australians think of their stand over tactics instead.

You might be interested to know that since I sent my email to the MCA, I received an email from the Great Australian Survey today apologising for the advertising they ran on behalf of the Mining Council!

See the original email & the response below.

There must have been some strong reaction as they are trying to distance themselves from it (They will, of course, still take the money!!). Maybe, some other punters are expressing concern.

I think they thought I was a member of the GAS because that is to whom it is addressed. Of course, I am not a member of the Minerals Council. My only involvement to mining companies is through the super funds I have been a member of during my working life – even though I have nominated for green
type industries.

I am sure that this feedback will be conveyed to the MCA, so it is going to be interesting how it will respond.

In the meantime, we might like to encourage Rudd to extend the tax on super profits to banks and mining companies as well.

Maybe more of us should let the government & the large profiteers know what we think!                           

—– Original Message —–

From: andyalcock

To: The Great Australian Survey

Sent: Thursday, June 17, 2010 5:56 PM

Subject: Re: Minerals Council of Australia – a message from an ordinary Australian

Minerals Council of Australia

ATTENTION:    MITCH HOOKE

 

Thank you for your email regarding the tax on super profits from mining in this country.

 I cannot, however, support your view .

 It is true that the employees in the mining industry in this country produce a great deal of wealth.

Their hard work also provides super profits for mining companies and outrageously high wages for their senior managers. Much of this comes at a great sacrifice as the mining industry has one of the highest rates of work-related deaths of any industry in the country

 Ordinary taxpayers also have to pay the shortfall for the very low costs that mining companies pay for electricity and water.

 Yes, mining company taxes have helped pay for public schools, hospitals, roads and other services, but so do pay as you earn taxpayers in this country. Often their rate of tax is greater than the rate paid by mining companies.

 It should also be noted that Australia’s mineral resources are owned collectively by all Australians. Many mining companies operating in Australia are not Australian owned and the  super profits they make are taken out of the country.

 These resources should be used for the benefit of ordinary Australian citizens – especially those who have special needs. Also, more should be spent on more effective OHS&W systems to ensure that workers providing this wealth do not become diseased, injured or killed on the job as well as greater environmental safeguards.  

 Our national resources should not be used to further enrich people who are already multimillionaires or multibillionaires.

 Instead of the Minerals Council of Australia trying to coerce Australians into accepting a tax system which essentially means that the super wealthy are further being supported by those who are much poorer, its members should heed the important principles in the two following statements:

 * THE WORLD HAS ENOUGH TO FULFILL ALL OUR NEEDS BUT NOT ALL OUR GREEDS (Mahatma Ghandi) 

 * ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOTEAT   MONEY  (a Cree saying).

 Yours for a more socially just and an environmentally responsible Australia.

 Andrew (Andy) Alcock

 

 

 

MCA MESSAGE

Here’s a message to Canberra

Dear  ,

You might have heard about the Government’s new ‘Super Tax’ on Australia’s mining industry.

Half a million Australians rely on mining for their jobs and communities.

Their hard work creates Australia’s biggest exports and pays Australia’s biggest taxes – more than $80 billion over the past ten years.

Taxes from a strong mining industry have gone into our schools, hospitals and roads and kept our economy strong.

The growth of the mining industry has also boosted the retirement incomes of millions of Australians through direct shareholdings and superannuation.

However the new ‘Super Tax’ on mining puts this all at risk.

Watch the mining community’s message to Canberra now

Then you can use our website to take action.

It’s not too late for the Government to get this right.

Many thanks,The Keep Mining Strong team

—– Original Message —–

From: info@aussiesurveys.com.au

To: info@aussiesurveys.com.au

Sent: Friday, June 18, 2010 3:58 PM

Subject: Letter to Members – Minerals Council of Australia campaign

Dear Members,

Recently we fowarded our members a campaign from the Minerals Council of Australia titled “Keep Mining Strong”. Following this send, we received several complaints regarding the nature of this campaign.

We do apologise to those we have inadvertently offended.

Attached to this email is our official response, please read this for further information..

Regards

The Great Australian Surveys Team

RUFINO CORREIA & THE EAST TIMORESE CRIADOS DURING WORLD WAR 2

May 19th, 2010

 

RUFINO CORREIA & THE EAST TIMORESE CRIADOS DURING WORLD WAR 2

[This article tells the story of an East Timorese man, who as a young lad, assisted Australian soldiers who were fighting Japanese soldiers who had invaded portuguese Timor during World War 2.

This story has a parallel to Graham Smith's experience when he fought alongside Indonesian partisans against the Japanese invasion of the Indonesian island of Morotai during World War 2.

The full story of Graham's experiences will appear in a biography about him by Don Sutherland that is to be published later in the year.

Graham Smith died 20 years ago from cancer. He was a stalwart of the peace, solidarity, social justice and union movements in South Australia. The Graham F. Smith Peace Trust was founded to honour his work]

Towards the end of April this year, an East Timorese man, Rufino Correia died. He was 90 years old.

Australian soldiers deployed in East Timor ensured that he was given a funeral different to most Timorese. At his funeral on 22 April 2010, at Dili’s historic Motael church, they acted as pallbearers and draped his coffin with an Australian flag – a rare honour for a non-Australian citizen.

The reason for the Australian involvement in his funeral was that Rufino was one of the last surviving Timorese men who served with Australian commandos during World War 2. Over the years, many Australian veterans who served in Timor said that the Timorese men were crucial to the survival of Australian troops and not nearly enough has been done to recognise them.

The 2/2nd Independent Company of the Australian Army invaded Portuguese Timor on the 16th December, 1941. The Australian Government feared the Japanese would take it over and use it as a base for invading Australia. The Australians had set up bases in the mountains outside of Dili. One of them was an observation post in the mountain town of Bazartete where Rufino Correia lived.

It was here that Rufino met Australian soldiers when the Japanese invaded late at night in February, 1942. He was one of many young Timoreses boys, who between the ages of about 9 -13, became criados for the Australians. Criado is the Portuguese and Spanish word for servant. The boys were either enlisted by the Australians or attached themselves to members of the 2/2nd Company after the Japanese invaded.

According to Sister Susan Connelly of the Mary MacKillop East Timorese Mission (MMETM), the Timorese boys helped by carrying their equipment, finding them food and water, washing their clothes, acting as guides, becoming their eyes and ears, bringing them little luxuries such as fresh fruit and meat, and carrying their weapons to lighten their load when being pursued by the Japanese

One 2/2nd Independent Company veteran, Archie Campbell, has stated that there was an effective fighting force of less than three hundred Australians, and they were faced with an opposing force of about 15,000 Japanese troops. The Australian men, who survived, attribute their survival to the tremendous loyalty and devotion of the young Timorese boys. Great bonds of friendship were forged between them and the Australians.

When the Australians were evacuated in 1943, 40,000 – 50,000 Timorese were killed by the Japanese in reprisal for their support of the Australians in addition to those who died because they were caught up in the fighting. Some say a further 30,000 died because they were caught between combatants, had villages bombed or attacked. The loss of about 70,000 East Timorese out of a population of 500,000 was an extremely high sacrifice to make – especially when the ruling elite (ie the leaders of the fascist Portuguese dictatorship) were neutral

Sr Susan believed that Australia owed a great debt of gratitude to East Timor because of their sacrifice in supporting Australia during WW2 that she and the MMETM organised a nation-wide petition for the people of TL to be awarded the Companion of the Order of Australia. This campaign was supported by the Australia ET Friendship Association SA (AETFA). Sr Susan spoke at the AETFA 2009 Independence Dinner seeking support for the petition.

The AETFA Committee collected many signatures for the campaign and wrote to 30 prominent South Australians and received a number of positive responses to the proposal. It also had discussions with David Winderlich, former member of SA’s Legislative Council, who successfully moved a vote of support in the SA Parliament.

Nationally, the petition received an impressive 24,000 signatures.

Recently, the MMETM was informed that the Australian Government had responded by saying that this award is only for individuals and not for nations, but that consideration was being given to acknowledge the Timorese people with ore appropriate, forms of recognition”.

On hearing of Rufino’s death, Sr Susan commented by saying ”Sadly Rufino died without the full recognition he deserved for his bravery” .

It is to be hoped that the Australian Government makes rapid moves to formally acknowledge the support the East Timorese criados and other people in the region gave in WW2 in the defeat of fascism and Nazism.

Andrew (Andy) Alcock

May 2010

YUDHOYONO RECEIVES AN AUSTRALIAN HONOUR – THE EAST TIMORESE RECEIVE NOTHING! 

March 10th, 2010

 

 

 AUSTRALIA EAST TIMOR FRIENDSHIP ASSOCIATION

SOUTH AUSTRALIA  INC

                                        (AETFA SA INC)

MEDIA STATEMENT:     10 MARCH 2010

 

YUDHOYONO RECEIVES AN AUSTRALIAN HONOUR

  • THE EAST TIMORESE RECEIVE NOTHING

Australian human rights activists are outraged that the Australian Government has bestowed Australia’s highest civilian honour, the Honorary Companion of the Order of Australia, on Indonesian President Susilo Bambang Yudhoyono during a ceremony at Government House, Canberra. The award was made in recognition of Dr Yudhoyono’s work in strengthening Australia-Indonesia relations, in promoting democracy and development in Indonesia. The official citation said he had been “steadfast and humane” in the face of terrorist attacks, while also working with Australia through regional groups such as APEC and the East Asia Summit.

 

For some time, many Australians have called on the Australian Government to give the same award to the people of Timor Leste for the sacrifices they made in assisting Australia during World War 2. A campaign organised by Sister Susan Connolly of the Mary MacKillop East Timor Mission had gathered 24,000 signatures from Australians who are grateful for East Timor’s World War 2 support. Australians are also well aware  of the shameful betrayal of the Timorese by successive Australian governments when they were illegally occupied by the Indonesian Army (TNI) between 1975 – 1999.

 

 The presentation of an award to East Timor has also been supported by the South Australian Parliament after a motion supporting this initiative by by an independent member of SA’s Legislative Council, David Winderlich.

 

Since these moves, the Australian Government has told campaigners that the award was only for individuals.

 

Those supporting East Timor receiving the award cited the case of Britain awarding the George Cross to the people of Malta for enduring massive German air raids against their island around the clock in an attempt to neutralise the British bases in Malta.The George Cross had been instituted by King George VI on 24 September 1940 as the civilian equivalent to the Victoria Cross. The award is intended mainly for civilians is awarded only for acts of the greatest heroism or the most conspicuous courage in circumstances of extreme danger. This award was made by King George VI to the Governor of Malta on 15 April 1942:

“To honour her brave people I award the George Cross to the Island Fortress of Malta to bear witness to a heroism and devotion that will long be famous in history.”, (signed) George R.I.

The East Timorese paid a heavy price because of their support for Australian soldiers during World War 2. After the Australians left Timor, Japanese soldiers entered village after village, lined up civilians and mowed them down with machine gun fire in reprisal. At least 40,000 civilians lost their lives from these actions. Some believe that another 30,000 East Timorese died because of air raids on their villages or because they were caught between opposing forces.

The population of Portuguese Timor at the time was approximately 500,000, making this loss of life a very heavy sacrifice. The  Mary MacKillop East Timor Mission on its website syas this about the sacrifice of the East Timorese:

“It need not have been that way. The East Timorese could have handed the Australians over to the Japanese, as the West Timorese did within days. As true allies, the East Timorese people suffered grievously during 1942 and for the rest of the War. Any acknowledgement of their role in World War II must be worthy of the facts”.

While it is true that President Yuhono has done much to democratise the Republic of Indonesia after 33 years of the Suharto dictatorship, he has done very little to deal with the war criminals in the ranks of the TNI who have committed gross crimes against humanity in West Papua, East Timor, Acheh and many parts of Indonesia itself. It is inappropriate to bestow such an honour on President Yudhoyono until he has taken steps to deal with those alleged to have committed these crimes and to withdraw the TNI from West Papua and to allow its people to determine their own political future.

 

It is acknowledged that Indonesians have faced many threats from terrorist attacks, but it must be said that these attacks were far less severe than the attacks suffered by the peoples of East Timor and Malta during World War 2 and more recently by the people East Timor at the hands of the Indonesian dictatorship.

 

It is obvious that the award was given to President Yudhoyono to soften him up before talks between Australia and Indonesia about the issue of boat people coming into

the SE Asian region.

 

Mr James Dunn AO, the former Australian Consul to Portuguese Timor and author of the books Timor: A People Betrayed and Timor: A People Betrayed and East Timor - a rough passage to independence had this to say about the award to the Indonesian President:

 

“As a member of the order, I have some concerns about this award. Susilo Bambang Yudhoyo  does deserve some acknowledgement of his efforts to democratise Indonesia, but in relation to East Timor, he also participated in the occupation, in 1982 or 1983 commanding one of the battalions with a less than savoury reputation. To his credit, he is a Kostrad officer, and not from Kopassus and some time ago, events in ET obviously troubled him, causing him to speak out at an Indonesian university, where I too, was a speaker. His past in ET is not too bad, but he does have a mark against him. Also, as I understand it, as a lieutenant, he took part in the brutal invasion of Dili on 7 December 1975.

 

As a general comment, surely it would be better for our government to have a separate order to be bestowed on distinguished foreigners. The use of the Order of Australia is inevitablly largely a political act. It will be remembered that Ali Alatas, who gave strong support to Indonesia’s occupation of East Timor when serious atrocities were taking place, was also awarded the AO. As far as I can recall his main act of  friendship was to collaborate in that ignominious Timor Gap agreement“.

 

Let us not forget the terrible suffering of the Timorese at the hands of Imperial Japan during WW2 and the TNI between 1975 – 19999, during which time, successive Australian governments openly aided and abetted the aggressor. This makes it all the more compelling that the Australian Government should now award the people of East Timor with an honour that gives full recognition and acknowledgement to their suffering during World War 2 for supporting Australia against Imperial Japan

 

 

FOR FURTHER INFORMATION:

 

Andrew (Andy) Alcock

Information Officer

AETFA SA Inc

 

51 Leah St, Forestville SA 5035

 

Phone:    08 83710480       

                  0457 827 014 

 

Email:      andyalcock@internode.on.net

 

AETFA:

PO Box 240

GOODWOOD SA 5034
AUSTRALIA

 

Website:    http://www.aetfa.org.au/

 

Email:         aetfa.sa@gmail.com

By Phone:
Mark Rohde (Secretary and Web): 0422 968 531 / +61 422 968 531
Rosemary McKay (Chairperson)
Bob Hanney (Newsletter): 08 8344 3511 / +618 8344 3511
Andy Alcock (Information Officer): 0457 827 014 / +61 08 83710480       

Pauline Hanson

February 16th, 2010

MY COMMENT TO NEWS.CO..AU RE PAULINE HANSON’S DEPARTURE TO BRITAIN

I  think it is good riddance to a key “Strain” (Australian) racist!

Her racist attitudes and policies brought great shame to this country and fear to those she targetted.

 However, we should also bear in mind that she came from the so-called Liberal Party (which is anything but liberal!)
 
We should also remember how Howard, Ruddock, Abbott, Vanstone, Costello (and more latterly, Rudd), tried to appeal to her supporters by being tough on a group of people they incorrectly called “illegals”.
 These are people whose lives are in danger or they are refugees from wars started by the US which conservative and gutless Australians (ie Liberal, National &ALP) supported.

In other words, it was a case of victimising victims whom we have a moral responsibility to assist. 

Hopefully, Pauline will learn more in muticultural Britain and some of us will learn not to make heroes out of such odious people like her.
 
Of course, she will most likely join the British National Party, thus revealing her extreme right wing and intolerant views.

Letter to the Editor – The Adelaide Review – Green Economics & Politics

January 18th, 2010

John Spoehr made some extremely important points in his article “It Ain’t Easy Bein’ Green” (The Adelaide Review January 2010).

I think the most important one was that given the global environmental crisis and the scarcity of water, we need to develop a green approach to economics to ensure that the planet does not become uninhabitable for human beings and many other species that are already endangered.

The past 12 months has indeed demonstrated to us all that political leaders globally considered that the global financial crisis was of greater importance than the global environmental crisis.

The very generous bailing out of the banks and other financial institutions that were mostly responsible for the global financial crisis in the first place could, we have been told by aid organisations, have overcome world poverty and third world debt. It could have also been diverted to  put a lot of finance into green solutions and sustainable industries which we urgently need, but which the wealthy of the world rarely support – preferring to invest in “clean” coal and the “clean” peaceful atom.

I hope that John is correct when he states that communities will change their leaders if they fail to respond to the global environmental crisis.

Cophenagen showed us very clearly that our Federal Government was extremely reluctant to do much about this crisis and that our Opposition thought that it was going too far and wanted to do less, despite Tony Abbott’s claim that it is greener than the Government.

For far too long, political leaders have relied on the market place to provide all human needs. This notion has been based on several assumptions by those who proft most:

  • the idea that the profit motive is the only valid one to advance human progress
  • the right to pollute without taking any responsibility
  • the right to rapaciously exploit the workers who generate the wealth and the global environment in which we live
  • the right to foist industries on the world community whether they be necessary or sustainable

We can no longer afford to tolerate such greedy, short-sighted and irresponsible thinking if we are to ensure that future generations will have a healthy and viable habitat.

Petition on the Gaza Siege and Gaza Freedom March

January 6th, 2010

The Palestinians are suffering every day that the state of Israel:

  • allows more Israeli settlements on Palestinian lands
  • extends its huge dividing wall
  • continues its blockade
  • refuses to stay within its agreed borders
  • establishes road blocks that delay Palestinians from getting to work, visiting family and friends and obtaining emergency medical services

More than ever, the human rights of Palestinians are under attack. All democratic nations must force the Zionist leaders of the State of Israel that they cannot continue their unfair actions.

I urge you to sign the petition to Mr Rudd.

Thanks for your compassion and solidarity for the plight of the Palestinians

Please be a voice for justice for suffering Palestinian families in Gaza by signing and circulating the petition to Rudd.

http://www.petition online.com/ libgaza1/ petition. html

To:  Kevin Rudd

Israel ’s siege on Gaza is vicious and cruel, and it must end immediately.

Its continuation means continued war on the basic necessities of life for the population of Gaza .

Any ordinary, decent person would assume the people of Gaza have a right to water. However, before Israel ’s attack on Gaza from December 27 2008 to January 18 2009, 80 per cent of Gaza ’s water did not meet World Health Organisation standards for drinking water. Among the reasons for this was Israel ’s refusal to allow in the chlorine needed to purify Gazan water.

When the attack started, 80 per cent of Gaza ’s water wells functioned only partially. Afterwards, 70 per cent did. Worse than this, as a partial consequence of what the Goldstone Report called Israel ’s “large-scale and systematic destruction of greenhouses”, the water supply of Gaza is on the verge of collapse. Meanwhile, parents have little choice but to give their babies polluted drinking water. This water damages babies’ blood: their skin turns blue, and they suffer respiratory and intestinal problems.

Israel also refuses to allow reparations on Gaza ’s water supply to begin. The Israeli government lets in so little food that the growth of Palestinian children is being stunted. The food that they eat overwhelmingly comes in the form of humanitarian aid. Gazans might have fed themselves, but their chicken farms and flour mill were also destroyed in Israel ’s attack at the start of the year.

Those of us who oppose the blockade believe that Palestinians deserve food. Palestinian babies should be allowed to drink water that doesn’t injure them. Palestinian children should not have their growth stunted.

Palestinians in Gaza have the right to live in dignity. This right needs defending. A small group of Australian activists have recognised this, and will join contingents from 42 other countries around the world, in the Gazan Freedom March. On December 31, they will march through Gaza to the Israeli border, in order to break the blockade. Their cause is just, and we support them fully.

We urge our government to support their march. We urge our government to ensure the safety of every Australian risking his or her life in the struggle for Palestinian rights.

Sincerely,
The Undersigned

AETFA SA Inc Media Statement: Vale Abdurrahman Wahid

January 1st, 2010

 AUSTRALIA EAST TIMOR FRIENDSHIP ASSOCIATION SOUTH AUSTRALIA INC (AETFA SA INC)
MEDIA STATEMENT:  1 January 2010
VALE - ABDURRAHMAN WAHID [GUS DUR]

The following statement was issued today by Andrew Alcock, Information Officer, AETFA SA Inc:

“All people who value human rights and social justice in the Asia Pacific region will be saddened by the passing of former Indonesian president, Abdurrahman Wahid, on 30 December 2009 at the age of 69.

Abdurrahman Wahid was elected Indonesia’s third president in October 1999. His period in office, which lasted until July 2001, was a particularly difficult one as he inherited a political and financial chaos caused by the 32 year old Suharto dictatorship and he had to deal with the machinations of the brutal and corrupt Indonesian military (TNI). However, while in office, he worked for peaceful solutions to the secessionist movements in Aceh and Papua and created a broad coalition of unity.

He visited East Timor after it became independent and, at the Santa Cruz cemetry, the scene of an Indonesian military massacre of 271 civilians in 1991, he apologized for the human rights abuses committed by the TNI during its brutal 24-year occupation of the country. Wahid also removed the powerful General Wiranto from his cabinet over his alleged role in the bloodshed and human rights abuses in East Timor.

At a welcome given to Gus Dur by the East Timorese government, the then PM, Jose Ramos Horta, gave him a warm welcome, saying that he was the only Indonesian political leader who had supported East Timorese independence.

The former president allowed the West Papuans to use their preferred name of West Papua instead of Irian Jaya, a name that had been forced on them by the TNI. He also  tried to give them more autonomy.

Wahid, who was fondly known by his nickname Gus Dur, was a strong proponent of human rights, social justice and was a democratic reformer. He attempted to establish a truth and reconciliation commission to investigate political killings, disappearances and massacres during Suharto’s 32-year rule and granted greater press freedom.

Prior to becoming president, Wahid became the leader of Nahdlatul Ulama, Indonesia’s largest Muslim group. He used his leadership to promote moderate Islam and interfaith tolerance including with Jews.

Munir Said Thalib, or ‘Munir’, one of Indonesia’s most famous human rights and anti-corruption activist and founder of Kontras. an Indonesian human rights group was a very strong promoter of Abdurrahman Wahid. In 2001, Munir  urged fellow Indonesians to vote for him because he was the only Indonesian political leader who took human rights and racial and religious tolerance seriously.

[Tragically, Munir was assassinated in 2004 while travelling to Utrecht University to undertake postgraduate studies in international law and human rights. It was discovered that an Indonesian agent had put arsenic in orange juice that he had consumed].

Yenny Wahid, Gus Dur’s second daughter, was a journalist who worked for The Sydney Morning Herald and The Age. She covered news stories from East Timor and Aceh and for her stories on  East Timor’s referendum for independence, she and her team won Walkley Award for journalism.  There are stories that at great risk to herself, she frequently intervened to stop Indonesian soldiers to cease assaulting East Timorese. 

Wahid had been receiving treatment in the intensive care unit of Ciptomangunkusumo Hospital in Jakarta and died during surgery to remove a blood clot in his heart. His condition had deteriorated because of complications from diabetes and kidney failure. The former president had struggled with illness for many years. He was confined to a wheelchair, had lost most of his sight, and had serious kidney problems.

Abdurrahman Wahid had many detractors amongst western political leaders including John Howard and media commentators, but generally they were the ones who had acted as apologists for the Suharto dictatorship and its behaviour in East Timor, West Papua and Acheh.

We should remember that Australia has lost a good friend and the world has lost a great fighter for peace, human rights, social justice and international understanding and Indonesia has lost its most humane president”.