Making the case for constitutional reform

Author(s):  
Alice Taylor

Recent discussions on whether or not to amend the Australian Constitution to ‘recognise’ Aboriginal and Torres Strait Islander peoples are important and long overdue for many Indigenous and non-Indigenous Australians. Federation in 1901 meant the loss of rights and freedoms for Indigenous Australians when the Constitution was made. Today, even after the changes brought about by the 1967 referendum, Australia is still the only democratic nation in the world with a Constitution with clauses that authorise discrimination on the basis of race (Davis & William 2015). Indeed, sub-section 51 of the Constitution allows the Commonwealth to make laws for the people of any race for whom they deem necessary, and section 25 allows the Commonwealth to disqualify individuals from voting because of their race. These disgraceful aspects of the Constitution have allowed such negative and damaging interferences in Indigenous Communities as the Howard government’s ‘Northern Territory Intervention’. Like Davis, I believe it is unacceptable for Australia as a modern liberal democracy to have a ‘race power’ in the Constitution (Davis 2008, p. 8), and so to eradicate that inequity, there must be a Constitutional amendment as well as a treaty put in place.

Legal Studies ◽  
2016 ◽  
Vol 36 (1) ◽  
pp. 75-92
Author(s):  
Ian Cram

How easy ought it to be to enact constitutional amendment? In the absence of constitutionally prescribed procedures, fundamental reforms in the UK can often appear hurried, under-consultative and controlled by transient political majorities. In the recent referendum on Scottish independence, the NO campaign's promise of additional powers to Holyrood in the face of a possible ‘Yes’ vote appears to fit this pattern (even if, for reasons of political sensitivity, it was not driven directly by members of the Coalition government). A recent sample of concluded constitutional reforms, including the Constitutional Reform Act 2005, the Constitutional Reform and Governance Act 2010 and the Fixed-term Parliaments Act 2011, have drawn criticism from within Westminster on the grounds of defective process. Specific options to improve pre-parliamentary and parliamentary stages of constitutional reform have been proposed with a view to attaining principled procedures of constitutional reform removed from executive control that signal attachment to process values such as wide and effective consultation, deliberation outside and inside Parliament, and informed scrutiny. The foregoing prescriptions for remedying defective processes may, however, be said in the ultimate analysis to retain a normative preference for a more formal, elite-managed vision of constitutional change that is premised upon a limited conception of the citizens' ‘informed consent’. In any case, in purely descriptive terms, top-down managed change does not capture the totality of patterns of past constitutional reform in the UK. In the nineteenth and early twentieth centuries, for example, radical grassroots campaigns for the extension of the franchise resulted ultimately in universal adult suffrage. More recently, the Scotland Act 1998 can be seen as the culmination of a civic society–led, deliberative engagement with ordinary voters over decades that offered an alternative vision of ‘bottom-up’ constitutional reform to that seen in more formal, elite-led processes of constitutional reform. The inclusive and participatory nature of the campaign for Scottish devolution marked out a radically different model of constitutional reform to that which has typified Westminster-style amendment and which is still largely directed by political elites. In such circumstances as prevail currently at Westminster, it is difficult to give much credence to claims that the outcomes of constitutional reform processes enjoy the ‘informed consent’ of the people.


2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Teagan J. Weatherall ◽  
James H. Conigrave ◽  
Katherine M. Conigrave ◽  
Jimmy Perry ◽  
Scott Wilson ◽  
...  

Abstract Background Few studies have examined links between current alcohol dependence and specific harms among Indigenous Australians. We investigated these associations as well as help seeking for drinking, awareness of local treatments and recommendations to help family or friends cut down or stop drinking in two Indigenous communities. Methods A representative sample of Indigenous Australians was surveyed in one urban and one remote community in South Australia. Data were collected via the Grog Survey App. Participants were dependent if they reported two or more symptoms of alcohol dependence (ICD-11). Pearson chi-square tests were used to describe relationships between employment by gender, and dependence by awareness of medicines and local treatment options. Multivariate logistic regressions were used to predict the odds of dependent drinkers experiencing harms and getting help for drinking, controlling for age, gender, schooling and income. Results A total of 775 Indigenous Australians took part in the study. After controlling for confounders, dependent drinkers were nearly eight times more likely to report a harm and nearly three times more likely to get help for their drinking—compared with non-dependent drinkers. Participants recommended accessing local support from an Aboriginal alcohol and other drugs worker, or a detoxification/ rehabilitation service. Discussion and conclusions More support and funding is needed for Indigenous Australians to ensure local treatment options for dependent drinkers are readily available, appropriate and accessible. Involvement of local Aboriginal or Torres Strait Islander health professionals in delivery of care can help ensure that it is appropriate to an individual’s culture and context.


2017 ◽  
Vol 1 (2) ◽  
pp. 130
Author(s):  
Jafar Fikri Alkadrie ◽  
Gorby Faisal Hanifa ◽  
Annisa Chantika Irawan

Diaspora conducted by Chinese people to various regions of the world make them have their own culture with their own peculiarities, because it has acculturated with the new place where they are. One of the significant areas is Singkawang city. Singkawang is a historic place for Tionghoa ethnic, because there is where they grow and have their own civilization, complete with their sub-culture brought from China. During the reign of President Soeharto, their existence is very marginalized. They have a variety of cultures that only after the new Reformation is open to public. They have a unique sub-culture, so it takes time to be accepted in the community. Celebrations such as Imlek, Cap Gomeh and the others, are a distinct identity that falls within the indigenous communities and influences the economic, politics and cultural fields. So it is interesting to study about the Tionghoa sub-culture with it’s various dynamics, taking the background of Singkawang City, because the majority of the people are Tionghoa ethnic. The research was conducted by descriptive-qualitative methods, with the aim to describe the dynamics of Tionghoa sub-culture in Singkawang City. The result is, the dynamics of Tionghoa ethnic in Singkawang City has undergone significant changes and affect the social, economic, political life in Singkawang


Author(s):  
Ian Watson

This article reports on the findings of a research project that investigated the use of mobile phones and the internet in remote Aboriginal and Torres Strait Islander communities in Australia. Indigenous Australians living in remote areas have previously had little access to and use of the internet (Rennie et al 2013) and are far less likely to access the internet within the home than non-Indigenous Australians (Rennie et al 2010). The proliferation of mobile phone ownership in Indigenous communities in Australian and internationally (Brady et al 2008) is resulting in increased access to the internet via mobile devices, as well as new communication, social and economic implications for phone owners. Using qualitative methodologies, including focus groups and semi-structured interviews in four remote communities, this article explores the ways that remote community members are using mobile phones; their access to online information and social media; and the problems they experience with service provision, bills and connectivity. It reinforces the need for more research into barriers to phone and internet usage by Aboriginal and Torres Strait people in remote areas, as well as the importance of informing remote community members of their telecommunications rights.


2020 ◽  
Vol 14 (12) ◽  
pp. e0008994
Author(s):  
Tasnim Hasan ◽  
Victoria L. Krause ◽  
Christian James ◽  
Bart J. Currie

Background Scabies is listed as a neglected tropical disease by the World Health Organization. Crusted scabies affects vulnerable and immunosuppressed individuals and is highly contagious because of the enormous number of Sarcoptes scabiei mites present in the hyperkeratotic skin. Undiagnosed and untreated crusted scabies cases can result in outbreaks of scabies in residential facilities and can also undermine the success of scabies mass drug administration programs. Methods and principal findings Crusted scabies became a formally notifiable disease in the Northern Territory of Australia in 2016. We conducted a 2-year prospective study of crusted scabies cases notified between March 2016 and February 2018, with subsequent follow up for 22 months. Demographics, clinical and laboratory data, treatment and outcomes were analysed, with cases classified by severity of disease. Over the 2-year study period, 80 patients had 92 episodes of crusted scabies; 35 (38%) were Grade 1 crusted scabies, 36 (39%) Grade 2 and 21 (23%) Grade 3. Median age was 47 years, 47 (59%) were female, 76 (95%) Indigenous Australians and 57 (71%) from remote Indigenous communities. Half the patients were diabetic and 18 (23%) were on dialysis for end-stage kidney failure. Thirteen (16%) patients had no comorbidities, and these were more likely to have Grade 3 disease. Eosinophilia was present in 60% and high immunoglobulin E in 94%. Bacteremia occurred in 11 episodes resulting in one fatality with methicillin-susceptible Staphylococcus aureus bacteremia. Two other deaths occurred during admission and 10 others died subsequent to discharge consequent to comorbidities. Treatment generally followed the recommended guidelines, with 3, 5 or 7 doses of oral ivermectin depending on the documented grade of crusted scabies, together with daily alternating topical scabicides and topical keratolytic cream. While response to this therapy was usually excellent, there were 33 episodes of recurrent crusted scabies with the majority attributed to new infection subsequent to return to a scabies-endemic community. Conclusions Crusted scabies can be successfully treated with aggressive guideline-based therapy, but high mortality remains from underlying comorbidities. Reinfection on return to community is common while scabies remains endemic.


Author(s):  
Md. Mujahedul Islam

A central normative argument of liberal democracy is that elections as instruments of democracy need to be free, fair and neutral to reflect peoples’ opinions. In many parts of the world, particularly democracies in developing countries of South Asia and Africa, governments are formed by elections that are sometimes considered 'flawed' by the people and international observers. This raises a critical question with far-reaching implications for democracy: What affects the fairness of the elections? Is there any significant direct effect of globalization on elections? If not, under what circumstances does globalization influence the quality of elections? Do effective political institutions condition the effect of globalization on the fairness of the elections? I empirically assess these questions from 2006 to 2010 for 100 countries in a time-series cross-sectional statistical model using the 2015 Quality of Government (QoG) dataset. The results suggest that greater levels of globalization significantly increase the fairness of the elections in countries where effective political institutions exist. The results furthermore demonstrate that in the absence of viable democratic institutions, an increased level of globalization may not always correspond to free, fair and neutral elections.


Author(s):  
Alejandro Tortolero Villaseñor

For several years, some of Mexico’s most influential literary figures associated mountains with the presence of certain characteristics: wildlife, botanic variety, and most importantly, backwards and/or mysterious indigenous communities. Order and civilization, it seemed, for writers like Ignacio Altamirano and Manuel Payno, ceased to exist in mountainscapes. For these writes, mountains constituted social afterthoughts—places lacking history and dynamism, places that did not matter. They were, in Braudelian terms, the margins of civilization and factories that supplied human resources to cities. Such portrayals were not derived from reality, however. Far from solely being dull or dangerous sites where banditry and romantic indigeneity prevailed, Mexico’s mountains were, between the colonial era and the Porfiriato, the places where dramatic transformations took place. Impresarios’ mastery of Mexico’s natural resources fueled the country’s economic growth during the 19th and 20th centuries. Concomitant with this growth came dramatic alterations of the country’s landscape that left much of Mexico’s environment in disrepair. Mountains, thus, have histories. They are not landscapes where civilization parts ways with society. Such an argument has relevance in parts of the world like Latin America, where nearly half of the people who reside there live at elevations above sea level, and where only 7 percent reside under an elevation of 1,000 meters above sea level.


Author(s):  
Hans Stockton

This entity is known today by its citizens and a small number of states as the Republic of China; by Beijing as Taiwan, Province of China; by the World Bank as the “Customs Territory of Taiwan, Kinmen, and Matsu”; and by most of the world as simply “Taiwan.” The people who inhabit the main and surrounding islands of Taiwan have been subject to internal and external political, economic, and strategic forces that have resulted in processes giving rise to the “Taiwan Miracle.” Since the end of Japanese colonialism in 1945 and the Nationalist government’s retreat to Taipei in 1949, Taiwan has transitioned from single-party rule to liberal democracy and impoverished state to globalization powerhouse, and it remains one of the most potentially explosive sovereignty disputes and diplomatic complexities faced by the United States and the People’s Republic of China. Few cases highlight the intertwined causalities of economic, political, and social development than Taiwan, and perhaps even fewer are as well documented. While the 2008 return to power of the Chinese Nationalist Party inaugurated a new détente between Beijing and Taipei, historical reconciliation, national identity, Taiwan’s future status, and the direction of Taiwan’s liberal democracy remain unresolved.


Crisis ◽  
2019 ◽  
Vol 40 (6) ◽  
pp. 422-428 ◽  
Author(s):  
Chris Rouen ◽  
Alan R. Clough ◽  
Caryn West

Abstract. Background: Indigenous Australians experience a suicide rate over twice that of the general population. With nonfatal deliberate self-harm (DSH) being the single most important risk factor for suicide, characterizing the incidence and repetition of DSH in this population is essential. Aims: To investigate the incidence and repetition of DSH in three remote Indigenous communities in Far North Queensland, Australia. Method: DSH presentation data at a primary health-care center in each community were analyzed over a 6-year period from January 1, 2006 to December 31, 2011. Results: A DSH presentation rate of 1,638 per 100,000 population was found within the communities. Rates were higher in age groups 15–24 and 25–34, varied between communities, and were not significantly different between genders; 60% of DSH repetitions occurred within 6 months of an earlier episode. Of the 227 DSH presentations, 32% involved hanging. Limitations: This study was based on a subset of a larger dataset not specifically designed for DSH data collection and assesses the subset of the communities that presented to the primary health-care centers. Conclusion: A dedicated DSH monitoring study is required to provide a better understanding of DSH in these communities and to inform early intervention strategies.


Author(s):  
Anwar Ibrahim

This study deals with Universal Values and Muslim Democracy. This essay draws upon speeches that he gave at the New York Democ- racy Forum in December 2005 and the Assembly of the World Movement for Democracy in Istanbul in April 2006. The emergence of Muslim democracies is something significant and worthy of our attention. Yet with the clear exceptions of Indonesia and Turkey, the Muslim world today is a place where autocracies and dictatorships of various shades and degrees continue their parasitic hold on the people, gnawing away at their newfound freedoms. It concludes that the human desire to be free and to lead a dignified life is universal. So is the abhorrence of despotism and oppression. These are passions that motivate not only Muslims but people from all civilizations.


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