What is the real intent behind plans to abolish Australia's charity regulator?

This government does not like campaigning and advocacy organisations, and the removal of the ACNC as an independent regulator simply exposes those organisations to attack.  

Greg Ogle

Excellent piece by Greg Ogle,  Independence of Charities Under Threat,  on the real intent behind Abbott Governments plans to repeal the national charity regulation body — the 18-month old Australian Charities and Not-for-Profit Commission (ACNC)- and hand back the regulation of charities to the Australian Tax Office. 

Ogle argues that repeal of the ACNC paves the way for a return to the political attacks of the Howard Government years (1996-2007), particularly attacks on environmental and campaigning groups involved in public advocacy, direct action and activism.

The Australian Charities and Not-For-Profits Commission (ACNC) was set up less than 18 months ago by the Federal Labor government to regulate the charitable sector. The governing legislation for the ACNC ensured the independence of charities and their right to advocate for charitable causes.

The objects of the Act that established the ACNC committed to ensuring a “robust, vibrant, independent and innovative” charity sector. The legislative provision ensured that the governance standards required to be met by charities did not constrain advocacy. 

In essence, the legislation gave charities some protection for pursuing advocacy and activist campaigns that challenge Government policy or corporate malfeasance.

Ogle reminds us of the Howard Government's direct attack of advocacy and campaigning by charities and NGOS: 

Under the Howard government, the tax office was used to attack and pressure charities who were advocated for policies the government didn’t like. This was at a time of recurring public and parliamentary attacks on those charities by senior Liberal politicians like George Brandis, Brett Mason and Eric Abetz, echoed by industry groups and right wing think tanks. The pressure meant that between 2004 and 2007 The Wilderness Society, for instance, faced at least 20 different public calls for them to be stripped of their charity status. They passed the three Tax Office audits of their “political” activity, but other groups like AidWatch had long court battles to secure their tax charity status.

In a separate article, Andrews leads fight to abolish Charities Commission, Mike Seccombe shows how the campaign to abolish the ACNC was driven by the self interest of the financial services sector (who administer charitable trusts) and influential parts of the Catholic Church, who are concerned about revealing financial details of the Church. 

Seccombe notes how Cardinal Pell, former Head of the Catholic Church in Australia and confidant of Prime Minister Abbott and Minister Andrews, made it clear that he opposed the ACNC.

Although there were some initial concerns among charities about the likelihood of increased compliance and regulatory costs, the majority of the charity sector now support the ACNC. Seccombe describes the campaign waged by the powerful financial services industry to abolish the ACNC

While the financial services industry claimed they are concerned about the cost of complying with its financial disclosure requirements, Seccombe shows that their real concern is the likelihood of scrutiny by the ACNC of their  administration of charitable trusts, that would reveal the grossly excessive fees they take for looking after the bequests of philanthropists.

Seccombe quotes Tim Costello CEO of World Vision Australia and Chair of the Community Council of Australia: 

“It’s pretty apparent there are only two main groups that are strongly opposed. The trustees, who handle dead people’s money, are a major source of opposition because they don’t want transparency about what they charge. The other is the Catholics".

Ogle refutes the Minister's claim that the abolition of the ACNC is designed to reduce red tape, by highlighting  other ways that the Federal Government could reduce red tape, but refuses to do so.

 Ogle gets to the heart of the matter:

This government does not like campaigning and advocacy organisations, and the removal of the ACNC as an independent regulator simply exposes those organisations to attack.

Spot on!!! 

Attacks on the independence of the voluntary sector and civil society

" We are on a slippery slope, where it is becoming increasingly common to hear the view that voluntary organisations should deliver services but not challenge the status quo, especially if they receive government funding. We are already seeing a ‘chilling effect,’ with increasing evidence of self- censorship by voluntary organisations"

Roger Singleton, Chair of the Independence Panel for the UK Voluntary Sector

 The Panel for the Independence of the UK Voluntary sector has just released its 2014 report titled Independence Undervalued: The Voluntary Sector in 2014,  and the picture it paints is despairingly familiar to the situation in Australia:

 "The voluntary sector is losing its ability to protect the most vulnerable in society as a result of government attacks on its campaigning activities, lack of consultation over policy changes, and funding arrangements that put the future of an independent sector at risk"

In its media release the Panel:

• calls on the British Prime Minister David Cameron to take action to stop weakening the independence of the sector and to rebuild trust.  
•  calls on voluntary sector leaders to take a stand to preserve the sector’s independence, which it says is vital to a healthy and compassionate democracy and the reason why so many people lend their support to charities and trust their services.

•  documents numerous instances of a serious and growing threat from the government to Britain’s long tradition of independent voluntary action including:

• Growing criticism by some politicians, including the Secretary of State for Justice, of charities’ role as voices of communities.  There is an increasingly commonly expressed view that charities should simply deliver services and not speak out against injustices – leading to voluntary organisations self-censoring because they are afraid of losing government work, appearing too political or because of gagging clauses in state contracts.
• New and proposed restrictions to the ability of voluntary organisations to challenge government decisions in the courts on behalf of vulnerable individuals.
• Restrictions to campaigning put forward in the Lobbying Bill without consultation and, despite subsequent changes, with continuing concerns about their impact.
• Cuts in government consultation periods, leaving voluntary organisations too little time to respond to important questions, despite assurances this would change.
• Damage to support in communities due to loss of public funding for local specialist voluntary organisations as public service contracts concentrate on economies of scale rather than social return.
• Many state-sponsored charities subject to government interference, for example in appointment of board members.
• A weak Charity Commission ill-equipped to maintain public confidence that charities are pursuing an independent mission that is furthering the public good and not state sponsored or driven by private gain; and lack of government compliance with a document signed by David Cameron to protect the independence of the sector, the Compact.

 Panel chair Sir Roger Singleton CBE said:

“An independent voluntary sector lies at the heart of a compassionate, democratic society, a role that has become especially important as engagement with mainstream politics declines and the state reduces in size. Yet we are on a ‘slippery slope’, in which the independence of voluntary organisations is increasingly undervalued and under threat and there are insufficient safeguards to protect an independent future for the sector. It is increasingly seen either as a delivery arm of the state or only legitimate where it provides services but does not speak out for wider social change.

 The full 64 page report of the Panel is here

In Queensland freedom of speech does not apply to some NGOs and civil society

Funny how Liberal National Governments vehemently defend the right to freedom of speech for racists, anti Islamists, climate change deniers and corporations, but not for civil society groups and NGO's who speak out on public policy issues.

Since its election the  Queensland Liberal-National Newman Government has sought to silence NGO's who wish to contribute to political debate. The Government has made it clear that NGOs must remain silent if they wish  to receive public funding. Grant contracts now include clauses preventing non-government organisations advocating for state and federal legislative change.

Stories about the attacks on the free speech rights of NGOs in Queensland are  here, here, here, here and here. 

This latest piece is from the todays Brisbane Times.

Springborg defends 'draconian' gag orders

Queensland's health minister has defended gag orders on not-for-profit groups that receive state funding and has told the federal government to butt out.

The federal government will introduce a new bill which would ban gag clauses from all commonwealth contracts with the not-for-profit sector.

It plans to write to state and territory leaders asking them to match the federal commitment.

Federal Finance Finance Minister Penny Wong has called the Newman government's gag orders "nothing short of draconian".

"First, the Newman government cuts funding to those without a voice and then silences those who speak on their behalf," she said.

But Queensland Health Minister Lawrence Springborg said not-for-profit groups should not be wasting their time and money on political advocacy.

He said the federal government should stop trying to interfere.

"We will decide how public money is spent in Queensland," he said on Monday.

"In Queensland we believe that if we give money in Queensland Health to an organisation, then that organisation should be doing what we fund them for.

"Not running around with political advocacy."

 

Not for profit aged care provider Baptistcare protests Federal Government funding cuts

Always pleasing to see large Not- for- profit organizations like Baptistcare willing to make a stand  and protest against Government policy that disadvantages the people they serve.

This report describes a protest by staff at Baptistcare's Rockingham aged care facility against Federal Government funding decisions in aged care that are resulting in $500 million being cut from aged care funding.

Baptistcare is extending the protest to 13 of its residential aged care facilities and three disability and community care sites from today, in protest at the Federal government's decision

The organisation has taken the step of launching the visual protest, which includes a call to action via social media, to raise greater public awareness of the government's 1 July adjustments to the Aged Care Funding Instrument (ACFI).


The protest is part of  a larger campaign being run by not- for- profit aged care providers through Aged and Community Services WA  which represents not-for-profit aged care providers which care for 100,000 of the state's most frail and vulnerable citizens.

Flags emblazoned with “Government Neglects Aged Care” flew outside the Gracehaven facility protesting reduced federal funds for aged-care organisations to deliver clinical care services to its residents.

Baptistcare CEO Lucy Morris said the Government had made it almost impossible for not-for-profit residential care providers, like Baptistcare, to provide appropriate care for the elderly and vulnerable.

“Through its adjustment of the assessment tool used to fund high-care services, the Government has stripped money from the services needed to care for older, sicker residents, who have more complex health needs and need higher levels of care,” Dr Morris said.

But Mental Health and Ageing Minister Mark Butler said subsidies would not be reduced and they would continue to grow by 2.7 per cent a year above indexation, per resident over the next five years.

He said early data for providers’ care funding claims made in July showed average subsidies increased from $133.96 per resident per day in June to $134.83 in July.

“Leading Aged Services Australia (LASA) and Aged and Community Services Australia (ACSA) have claimed funding will be cut by hundreds of millions of dollars in 2012 and beyond,” Mr Butler said.

“These claims are clearly untrue, as these early figures show. The Government’s aged care package will increase funding for residential care. This year’s subsidies will be $310 million more than last year.”

ACSA WA chief Stephen Kobelke said WA’s not-for-profit aged care sector had struggled for years to survive in one of the world’s most expensive cities.

“There has been unprecedented stagnation in the provision of aged-care services in WA, to the point that 3368 bed licences have now not been taken up since 2007,” he said.

He said ACSWA figures showed some aged-care providers would face cuts of over $14,000 per resident.

Citizen action in Perth this weekend

A busy weekend of activity coming up for WA's citizen led sector and WA civil society groups with a number of important rallies and events in Perth this weekend worthy of support. I will be speaking at one of them.

Rally against Unconventional Gas Fracking  at 1pm this Saturday October 13th in Fremantle is part of a National Week of Action against unconventional gas fracking as called by the Lock the Gate Alliance. Here in WA the unconventional gas threat has grown more serious with full scale shale and tight gas fields planned for the Mid West and the Kimberley. Speakers include: Greens MP Alison Xamon, Jamie Hanson from Conservaion Council of WA, Greg Glazov from Doctors for the Environment, Marcus Atkinson from Nuclear Free Future, Fremantle Mayor Brad Pettitt and also a member of No Fracking WAy.

The Global Noise Street Festival to be held in the Perth Cultural Centre from 6pm to 9pm this Saturday October 13th forms part of the Occupy Perth celebrations and the Global Occupy movement.

The annual Reclaim the Streets March will commence at 2pm on Saturday 13th October from the Perth Cultural Centre.

Welcome Refugees is a protest against mandatory detention and Australia's offshore asylum seeker processing regimes organized by the Refugee Rights Action Network (RRAN) WA. The event will take place at 1pm this Sunday October 14th at the Wesley Church corner  on the Corner of Hay and William Streets in the Perth CBD.

Gerry Georgatos and the power of combining citizen journalism and social justice campaigning

Gerry Georgatos is a West Australian journalist who combines investigative reporting with a powerful commitment  to campaigning on social justice and human rights issues.

Gerry is  a Western Australian based reporter for the National Indigenous Times for whom he writes important stories about Indigenous and social justice issues that few other journalists are willing to cover.

Gerry is also the Principal and Convener of the Human Rights Alliance through which he has initiated  and led groundbreaking social justice campaigns in WA. Gerry is also a Phd researcher  on Aboriginal Deaths in custody.

It is this combination of investigative journalism, social and political research and social justice campaigning that has resulted in Gerry exposing injustices ignored by the mainstream media and politicians, including the illegal imprisonment of Indonesian youths in adult prisons in WA, Police violence inflicted on a young Aboriginal man in Albany and the appalling state of Aboriginal homelessness in the Kimberley region.

As well as the National Indigenous Gerry's articles also appear in many other places including Indy Media, Indy Media Brisbane, Green Left Weekly and the Donnybrook-Bridgetown Mail.

Gerry's article below is about the decision by the UK multinational corporation Serco and the WA Department of Corrective Services to deny Aboriginal prisoners access to prisoner transport to attend family funerals. 

The article will appear in the National Indigenous Times this week. 

Gerry Georgatos on Aboriginal Funeral outrage

The National Indigenous Times has been contacted by two sources during the last couple of weeks, one within the Department of Corrective Services (DCS) Western Australia and another within SERCO, that Aboriginal inmates will no longer be transported to funerals. Instead they may be left with the option of paying their respects to loved ones by either viewing a recorded or where possible live screening of the funeral and the procession while alone in a prison wing room. This has been slammed as inhumane, and culturally inappopriate by most Aboriginal Elders.

Both sources said that this initiative was flagged allegedly due to SERCO's reluctance to transport prisoners to funerals. The multinational which has the contract to much of the State's prisoner transport, and manages Acacia Prison, on the outskirts of Perth, and the lucrative Immigration Detention Centre network Australia-wide, is allegedly reluctant to provide compulsory funeral attendances for Aboriginal inmates - it has been alleged that SERCO management claimed high prison officer risk issues at funerals and also allegedly cost benefit issues. SERCO is one of the world's wealthiest companies.

The National Indigenous Times contacted the DCS, and its spokesperson Brian Cowie said "Gerry, we will have comment for you next week." 

UWA law student and Nyoongar rights activist Marianne Mackay the former chairperson of the Deaths in Custody WA contacted the National Indigenous Times a few days ago to confirm that she had also been advised that an Aboriginal prisoner was refused transport to a funeral last Friday. "This is a first, it doesn't happen that one of our people is not allowed to attend a funeral. Apparently SERCO refused to transport him and this has stunned us considering how everybody knows how important it is for our people to attend funerals. It attacks our cultural integrity."

SERCO is yet to respond to the National Indigenous Times.

Another Nyoongar rights activist, Iva Jackson-Hayward has responded with a call for the State Government to ensure that the DCS and SERCO ensure Aboriginal inmates do not have their cultural rights eroded. "The DCS and SERCO are dutibound to protect the rights of our people. Aboriginal women and men in prison cannot break their customary duty to attend funerals. It's outrageous what is happening, and it's a human rights abuse. This is all about money, and SERCO trying to make more of it by abusing the rights of our people. It is the Government's duty to pull SERCO into line."

Ms Mackay said the Inspector of Custodial Services, Neil Morgan was contacted on Friday.

The WA Prison Officers Union (WAPOU) said the State Government should scrap SERCO's prisoner transport contract. WAPOU Secretary John Welch made this call following another whistleblower's leaking of serious allegations.

The whistleblower said SERCO transported prisoners to wrong prisons, was late in bringing prisoners to their Court appearances, transported seriously ill prisoners in prison vans instead of ambulances. It was only a couple of months ago a prisoner who had open-heart surgery was returned to the prison in a van instead of an ambulance and arrived with serious injuries which the DCS tried to play down however CCTV footage proved otherwise.

All three whistleblowers said SERCO was not turning up to transport Aboriginal prisoners to family funerals, and that SERCO made no effort to account for its failure.

Mr Welch said SERCO's failure to ensure contracted prisoner transports gave rise to stress and tensions in prisons.

"These latest allegations are so serious that the Barnett Government should cancel SERCO's contract and bring these services back for the Department of Corrective Services to run so that we can be confident the community is being kept safe."

Australia has one of the world's worst prison suicide rates, with privately run prisons, according to the Australian Institute of Criminology, enduring proportionately more deaths in custody than Government run prisons.

Other serious allegations were made by the whisteblowers to the National Indigenous Times and we will follow these through.

The paradox of the Paralympics

Excellent piece here by Amelia Gentleman on the paradox of the Paralympics- the disconnect between the positive attitudes to disability on display inside the Olympic stadiums and the experience of people with disabilities in the wider British society where intensive Government cuts are creating immense suffering for disabled people and increasing hostility towards people with disabilities is resulting in a soaring of hate crimes.

Many radical and activist groups such as Disabled People against Cuts have campaigned and protested against aspects of the Paralympics such as corporate sponsorship by large corporations such as Atos and cuts to services for people with disabilities. Atos who was a major sponsor of the Paralympics is contracted by the UK Government as administrators of assessments that rob disabled people of their benefits.

In this piece on the website of Disabled People against Cuts disability activist Dave King argues that the Paralympics are the precise opposite of the values of disability liberation. King writes

But with the Paralympics we have seen the addition into this cocktail of a supremely powerful and toxic ingredient, the opportunity for liberals to feel good about themselves for supporting the underdog and ‘progress in the fight against prejudice’. It is this thick coating of syrup which has confused even radical disability rights advocates, and is making it almost impossible for critics to speak out, except about the blatantly obvious outrage of Atos as sponsors. But the truth is that, despite all the hopeful talk about how the Paralympics are going to revolutionise people’s ideas about disability, the ideas and values at the core of the Paralympics are the precise opposite of the values of disability liberation. (I write this as a disabled person, one who has undergone one of Atos’ medical assessments and been found wanting, and who is suffering financially as a consequence.

In the Guardian Amelia Gentleman writes:

There has been a clear reluctance among officials this week to sour the happy atmosphere by talking about the Paralympics paradox – the difficulty of reconciling the amazing excitement around the Games, which has portrayed Britain globally as a place where positive attitudes to disability reign, and a bleaker reality that kicks in beyond Stratford.

The guide for journalists covering the event is explicit in its instructions that disability and any issues around it should not be the focus of reporting. It stipulates that reporters should concentrate on "performance, sporting ambition, training, competition and the emotions associated with winning and losing". Most athletes contacted to discuss the broader issues of disability for this piece declined to be interviewed. But many disabled visitors were quick to comment on the disconnection between their experiences within the park and their everyday lives at a time when in addition to cuts to services and benefits payments, charities such as Scope have been documenting worsening attitudes and official figures show that incidents of disability hate crime have soared to their highest ever levels.

Kalya Franklin, a disability campaigner whose Benefit Scrounging Scum blog has charted the rising problems faced by disabled people at a time of cuts to services and benefits, was amazed at the ease of her journey to Stratford from Birmingham, describing it as "the smoothest journey I've ever done on public transport". "People were there waiting to offer help – that's very unusual. There were much higher levels of staffing. That's not typical, nor is seeing lots of portable ramps around," she said.

She was delighted to be at the event, but like many, she was struggling with the Paralympics paradox.

"It's a utopian fantasy of where we need to move towards as a society," she said, pausing for a moment at Stratford station (interrupted on two occasions in the space of five minutes by transport staff asking if she needed assistance). "It's brilliant, because this has shown that with the right attitude, will and financing, it can be done."

The sporting event was for her, like any sporting occasion, a bit of escapism from daily problems, but she was anxious that attention to the pressing issues facing people with disabilities should not be deflected while the country basks in the international congratulations for having mounted a sellout Paralympic event. She pointed to a planned 20% cut in the disability living allowance (DLA), announced in the 2010 budget, in particular, arguing the that extra money, for employed and unemployed claimants to help with the extra cost of disability, had helped finance the extra cost of care and transport for many disabled visitors to the Games.

"What the public haven't realised about the Paralympians is how many of them are completely reliant on DLA. Although they are superfit athletes it doesn't mean they aren't also disabled and have mobility needs and care needs in their day-to-day lives," she said.

The power of citizen lead social action

Here here for Peter Burden writing on the Australian anti-nuclear movement and the power of citizen action over the last 30 years.

Burden writes about what is often referred to as the "citizen sector", which is the sphere of collective activity involving the ongoing efforts of committed citizens to create positive social, environmental, economic and political change.

The citizen sector holds Governments and corporations to account and makes democracy and society work. It is a fundamental plank in what is often referred to as "civil society". Citizen sector organizations effectively mobilise and organise the voices and efforts of citizens to act for the common good.

For over 30 years the citizen led anti nuclear movement has beeen a vital and vibrant political force in Australia.

Reflecting on the forthcoming Lizards Revenge protest at Roxby Downs from the 14-18 July Burden writes of the power imbalances between the citizen sector and the instiutions of state and corporate power:

Another pervasive theme that characterises the past forty years of activism is power imbalance. On one side of the struggle you have poor and sometimes dislocated indigenous people, students and concerned community members (greenies). On the other side there are billion dollar companies, the Government, State police and the media.

Such is this power imbalance that many campaigners will spend decades resisting without reward. Those who are fortunate to be involved in a campaign victory (or even a slight concession) have also seen promises betrayed and decisions reversed.

Yet, despite many crushing defeats, antinuclear activists continue to resist. They do so, not because they have nothing better to do, or because they are violent delinquents (the images commonly portrayed in the media), but because they are acting in accordance with their conscience. They are resisting environmental degradation, corporate dominance, and the continued dispossession of Aboriginal communities. They are also promoting things such as appropriate technology, de-growth economics, solidarity and antiquated notions such a citizen's right to participate in a democracy. Whatever one's political persuasion, these are all pressing moral and social issues and they deserve our most earnest engagement.

Burden reminds us that the institutions of state and corporate power use violence and force to intimidate and stiflle citizen dissent and protest. Burden reminds us of the political and legal fallout from a legal case bought by citizens arrested at an earlier 2000 demonstration at the Beverely Uranium mine which found that protestors had been treated in a himliating and degrading way by Police.:

Yet, at the end of the trial, Supreme Court Judge Timothy Anderson was left with little doubt over which parties had behaved as uncivilized "ferals". Judge Anderson awarded $700,000 in damages to the plaintiffs. He described their imprisonment in shipping crates, as "degrading, humiliating and frightening" and noted that the action constituted an "affront to the civil liberties of the protestors". He added, "The conditions were oppressive, degrading and dirty, there was a lack of air, there was the smell from capsicum spray and up to 30 persons were crammed into a very small space."

Following from these comments, Judge Anderson found instances of police force to be unnecessary: "Some of those arrested, some being plaintiffs, were mere passive observers, several of whom were taking video footage." Judge Anderson also criticised Kevin Foley and then Police Minister Michael Wright for their "unreasonable" and "antagonistic" withdrawal from attempts to resolve the case through mediation. In plain language, Judge Anderson said: "It is my view that both ministers, in making these statements, have acted with a high-handed and contumelious disregard of the plaintiffs as citizens of the state with a right to protest, and with the right to be treated according to law if they did protest."

Burden concludes with this:

As the protest camp at Lizard's Revenge is erected and the hundreds of citizens converge, we would do well to recall this event and the words of Judge Anderson. Certainly, the right to free speech and political protest is a basic human right and a hallmark of a functioning democracy. Political protest is also an important part of ensuring the accountability of those in power.

Reclaiming the history of social justice activism

This story of social justice advocacy is a reminder of the ways that the contribution of radical and progressive social justice activists and campaigners is censored by so called "official narratives" and traditional bodies of knowledge.

Ken Giles* is an elementary school music teacher in Washington DC who uses music to teach his students the link between songs and social justice movements. He uses civil rights songs, peace songs and union songs to make the connection between music and movements for social justice and peace.

Giles is spearheading a campaign to have the acclaimed singer, actor, political activist Paul Robeson inluded in the music textbooks used in schools. Decades ago Robeson was censored from most school books because of his political activism and fierce critcism of US treatment of African Americans and US foreign policies.

As Ken Giles points out even though Robeson is experiencing something of a renaissance in the US, it is still difficult to find his recordings and films, and his work and contribution is not included in many school textbooks.

Giles argues that Robeson's exclusion is an example of the censorship that occurs in the educational textbook industry. In his own campaigning Giles is encouraging his students and other professionals to challenge such censorship.

For those of us who believe in and campaign for social and economic justice Ken Giles's actions show that it is important that we reclaim the history and contributions of social movements and individuals who fought for social and economic justice.

*Ken Giles is the music teacher at Shepherd Elementary School in Washington, DC. He teaches violin at the DC Youth Orchestra and sings with the DC Labor Chorus. He is a longtime member of Jewish Peace Fellowship and was a Conscientious Objector during the Vietnam War. You can read about his "150 years of Songs of Freedom and Justice” music history program at the Labor Heritage Foundation.

Environmental activist faces 10 years in jail for civil disobedience

An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.

Martin Luther King, Jr.

I think the opportunity that's here is to build a real resistance movement -- not just a lobby movement, but a resistance movement, that says this path that we're on is absolutely unacceptable, and we're going to use our power as citizens and as a movement to shut this system. I think that's where we need to be right now, recognizing that this is not a matter of lobbying for trivial reforms, but we're at a point where we need to make the path we're on absolutely impossible to continue. Hopefully that's the lesson that people are taking out of this.
Tim DeChristopher

Student and activist Tim DeChristopher found a way to resist corporate power and fight against the damage caused by US oil and gas corporations. But it may cost him a long prison term.

On June 23 the environmental activist and campaigner  will find out whether he will spend the next ten years in a US Federal Prison for an act of civil disobedience against the oil and gas industry.

His case is being seen as yet another example of the serious assault on public protest and dissent that is occurring around the world, whereby governments and corporations are increasingly using whatever means possible, such as anti- terrorist legislation, increased police powers, direct restrictions on public protest, SLAPP suits and arbitrary detention, to prevent and limit the right to protest.

In December 2008 DeChristopher participated in an oil and gas auction of 150,000 acres of public land in Southern Utah. Sale of the land had been fast tracked in the last days of the Bush administration to benefit the fossil fuel industry. It was a last minute land grab authorized in the last days of the Bush administration.

DeChristopher was outraged by the illegality of the land grab and the fact that leases were being handed out in an irregular way. He was also outraged about the ways that the oil and gas companies privatized all their profits and externalized all their costs. His argument was that the oil and gas companies had no intention to pay the full costs of their operations which are offloaded to the public :

"Well, I saw this auction as, first off, a fraud against the American people, that the government wasn’t following their own rules and was locking the public out of the decision-making process for public property. I also saw it as a real threat to my future, because of the impact on climate change that this kind of “drill now, think later” mentality was having, and an attack on our public lands, on our natural heritage, in pretty pristine and irreplaceable areas in southern Utah".

DeChristopher successfully bought (without any money or intention to pay) 22,000 acres of the land in order to save it from fossil fuel extraction. De Christopher had originally attended the auction to protest without any intention of bidding for the land. However, upon entry to the auction he was asked if he intended to be a bidder to which he replied "yes" and he became Bidder No 70. DeChristopher then proceeded to bid and successfully secured 13 leases, thereby disrupting the sale.

De Christopher actually raised the money to buy the land but he was still charged with fraud because at the time of the auction he had no intention to pay. However, that fact and many other issues were not allowed to be introduced into the trial.

In March 2011 he was convicted of fraud and faces a 10 year jail term and $750,000 fine imposed by the Obama administration.

As Tim De Christopher points out his case was prosecuted to scare off others who might consider civil disobedience.

"I was born the year that Ronald Reagan took office. The reality throughout my lifetime has been, corporations and governments are powerful, and people are weak, and there is nothing you can do to change that. Now that paradigm is starting to shift, and all of a sudden, the world is starting to believe in people power again"

Various web sites have been set up to publicize DeChristopher's case (Bidder 70) and  The Trial of Tim DeChristopher and a Facebook site allows you to follow the case. Interviews and stories about DeChristopher can be read here, here, here, here, here and here.

The history of civil society in WA: PhD on the history of the WA forest protest movement

Reading a PhD thesis is not something you do for fun.

But Ron Chapman's PhD Fighting for the Forests: A History of the WA Forest Protest Movement 1895-2001 is an important document of WA  history.

I have long argued that  protest action by ordinary West Australian citizens, in the form of social movements and civil society action, has been at the forefront of most significant social, political, economic and environmental change in this state. This is not reflected in traditional narratives about Western Australian history which largely marginalize or trivialize the action taken by WA citizens fighting for social, economic, racial and environmental justice.

So I was excited to read Chapman's thesis which shows that forest protest has been a major force for environmental and political reform throughout WA history.

Chapman shows how over time small scale protest activity by citizens was transformed into a social movement that had a significant influence on forest policy and practice, culminating in the defeat of the Court Government in 2001 and the adoption of policy by the Gallop Government to protect WA forests

Chapman describes the diversity of protest activities used by WA civil society groups to focus public attention on forest issues and pressure the WA Government to change its forest policies and practices. He shows how protest groups had to constantly adapt organization and strategies to the changing social and political conditions.

Chapman's analyses the campaigns and strategies used by West Australian citizens and civil society groups from 1995 to 2001. He distinguishes a number of distinct periods, firstly from the late 19th century to 1950, and then a second period from 1950 to 2001, characterized by 5 distinct phases:

1. Formative phase from the 1950's-60's which saved urban bushland.
2. Transitional phase during the 1970's which adopted assertive forms of protest.
3. Collaborative phase during the 1980's when campaigners began to collaborate with and influence political parties.
4. Expansionary phase during the 1990's which saw the spread of local protest groups in the South west.
5. Confrontational phase which involved an intensive campaign of confrontational and direct action.

Chapman's research demonstrate the importance of "localism" as an activist and organizing strategy. Chapman shows how the WA native forest protest movement established a network of urban and south-west activist groups which encouraged broad public support.

The eventual success of the forest protest movement resulted from the rise of these organized and effective local groups and campaigns focused on public education, media exposure and local action. The transformation of local action into an influential social movement played a significant role in bringing down a government and protecting  WA forests.

Death of disability advocate and practioner Wolf Wolfensberger

My friend and colleague Erik Leipoldt has written this piece on his blog in memory of the academic and disability advocate Professor Wolf Wolfensberger who died recently. As Erik points Wolfensberger was one of the most influential thinkers and practitioner in the disability field worldwide and his work had a significant effect on the lives of people with disabilities. Wolfensberger's ideas changed  the way professionals, policy makers, governments and service providers think about and respond to people with disabilities.

Erik writes:

"Dr Wolfensberger had a strong commitment to people made vulnerable in a society where individualism, utilitarianism and hedonism reign. He made a huge contribution to people with disabilities. He was a visionary, a devastating analyst and honest critic.

......In 1999, seven major developmental disability organizations in the US proclaimed Dr Wolfensberger one of the 35 parties that had been the most impactful on "mental retardation" worldwide in the 20th century. Dr Wolfensberger's work was also recognised by the US magazine 'Exceptional Parent' as one of the great 7 contributions to the lives of people with disabilities, along with Salk and the polio vaccine, braille, Americans with Disabilities Act and the wheelchair.

.....He was perhaps best known for developing social role valorization theory from his, and Nirje's, concepts of normalisation. Social role valorization has been taught to many using and running disability services, and applied to various degrees, in government policies and service practice.

.........Dr Wolfensberger also developed the concept of citizen advocacy, facilitating long-term relationships between a person with disability (or other vulnerable people)and a volunteer citizen.

.............Many people who have disabilities have benefited from his work in a change in focus from disability as a medical issue, or captives of care to one where a good life means living with others and in settings that are normally valued in our society. His work was instrumental in the deinstitutionalisation of thousands of people with disabilities. It has informed disability advocacy. I am aware that in his own life he personally modeled compassionate service to 'needy people', a much used Wolfensberger phrase."

Making protest visible: Public protest as a vehicle for ethical and moral action

Public protest is one outlet for citizens to express deeply held moral and ethical commitments. Protest actions provide people with a way to address critical moral and social questions and confront the injustices, small and big, that they see around them. Protest actions are are a vehicle for ethical visions and creative ideas for a better future.

All over Western Australia this week ordinary citizens participated in public protest actions.

The photo on the left is from one of these protest actions, a rally organized by the Human Rights Alliance in the Perth CBD to protest against Government law and order policies and the misuse of tasers and force against Aboriginal people in custody

On Tuesday this week environmental groups, Aboriginal groups, unions and civil society groups protested outside BHP's Perth Annual General Meeting  against BHP and the Barnett Government's plans to make WA a major nuclear mining

In the Kimberley a small group of protesters blockaded access roads to prevent Woodside rig contractors from drilling drill on the site of the proposed James Price Point gas plant. A large protest rally against the industrialization of the Kimberley will take place in Cottesloe on the 28th November.

As a reminder of the importance of public protests, big and small, the UK Guardian has run a series of photographs of important protest events in world history. I was particularly taken with this photo taken during the 1968 Prague Spring.

Civil society rising in the UK and Europe

In London this week 50,000 students protested against education cuts by the Conservative- Liberal coalition Government.

Media reports in Australia have focused only on the occupation of the Conservative Party headquarters and, unsurprisingly for the corporate media, have largely ignored the larger story. All over Europe there is rising militancy by civil society groups against government  imposed austerity measures.

As Nina Powers points out in this piece in The Guardian the 52,000 students who protested in London display the real meaning of "The Big Society" that David Cameron claims he wants to promote. But Cameron's vision is an illusion. The Tories and Liberal Democrats want to destroy that part of civil society that resists and protests, and  holds governments and the corporate and business elite to account.

In her Guardian piece Nina Powers writes:

The protest as a whole was extremely important, not just because of the large numbers it attracted, and shouldn't be understood simply in economic terms as a complaint against fees. It also represented the serious anger many feel about cuts to universities as they currently stand, and the ideological devastation of the education system if the coalition gets its way. It was a protest against the narrowing of horizons; a protest against Lib Dem hypocrisy; a protest against the increasingly utilitarian approach to human life that sees degrees as nothing but "investments" by individuals, and denies any link between education and the broader social good.

The protesters - students and others - who occupied Tory HQ will no doubt continue to be condemned in the days to come. But their anger is justified: the coalition government is ruining Britain for reasons of ideological perversity. The protests in France and Greece and the student occupations here, such as the recent takeover of Deptford Town Hall by Goldsmiths students on the day cuts were announced, are indicators of a new militancy

Civil society organisations lead the fight against the "industrialisation" of the Kimberley

While large not-for-profit organisations dominate the headlines (and the funding), here in Western Australia it is small civil society groups and not-for-profit organisations that lead the struggle for environmental, economic, racial and social justice. 

There is no better example than the current campaign to oppose and challenge  the Barnett Government 's plans to industrialise the Kimberley.

Small civil society groups, Aboriginal organisations and individual citizen activists lead the fight against the proposed $30 billion liquified natural processing plant (gas hub) at James Price Point in the Kimberley and Barnett Government plans to industrialise the Kimberley region. James Price Point is on the Dampier Peninsula, 60km from the town of Broome, on land subject to native title claim. The proposed hub is being developed by Woodside Petroleum and its consortium partners including Shell, BP and Chevron.

When he came to power in 2008 Premier Colin Barnett revoked a process already in place to select a site. Barnett also removed the Indigenous veto over the site and threatened to compulsory acquire the land if Aboriginal people did not agree to his plan.

The Kimberley Land Council, acting on behalf of Traditional Owners, signed an Agreement with Woodside Petroleum and the State Government in 2009 which gave in principle approval to the plant on the basis of an Indigenous Land Use agreement which would deliver economic and financial benefit to the Traditional owners and the KLC. However, not all Aboriginal claimants accepted or agreed with the KLC's Agreement and when they were unable to resolve their differences, the Barnett Government moved to compulsory acquire the land for the site, regardless of Aboriginal wishes.

Aboriginal people are divided on the issue and how it will impact on the community. Some support the proposed gas hub, but oppose the Barnett Government's compulsory acquisition of land.  Others oppose the James Price Point gas hub, as well as broader plans by the Barnett Government and large mining and resource companies to "industrialise" the Kimberley and have pursued legal action in Federal and State courts to prevent the development.

Environmentalists and citizens are concerned that the gas hub will be the beginning of the end for the Kimberley as a wilderness area and is part of Barnett Government plans to industralise the Kimberley, as has occurred in the Pilbara and the Midwest.

Opposition to the gas hub and the compulsory acquisition of land has galvanized a coalition of Aboriginal groups and Aboriginal leaders, local, state and national environment and conservation groups, local residents and concerned West Australians.

On October 16th an estimated 2500 citizens marched though the streets of Broome to rally and protest against the proposed gas precinct and Barnett Government plans to compulsorily acquire over 20,000 hectares of land at James Price Point, some of which is currently subject of native title claim. This is despite Premier Barnett's claims that the gas precinct will only be 3500 hectares in size (2500 hectares of land and 1000ha of marine area).

The WA Environmental Defenders Office, a small community legal service, is representing Aboriginal elder Joseph Roe in a legal action in the WA Supreme Court against Woodside to prevent it clearing vegetation at James Price Point.

Woodside was granted the clearing permit by the WA Government before the completion of the required environmental assessment process. Woodside claims that it needs to clear the vegetation to test the availability of ground water for the Project. Aboriginal laweman Joseph Roe argues that Woodside and the State Government have acted illegally and are clearing vegetation on a site that has cultural significance.

Remembering John Pat

photo courtesy of Deaths in Custody Watch Committee

This Friday October 8 the WA Deaths in Custody Watch Committee is holding John Pat Memorial Day 2010, to remember John Pat and all the other Aboriginal people who have died in custody in Western Australia. The ceremony will be held at Fremantle Prison, this Friday between 11am-12.30pm.

John Pat was just 16 years old when he died in a Roebourne Police cell in 1983. He  died of head injuries alleged to have been caused in a disturbance between Aboriginal people and Police, and subsequent beatings by Police. Four police were charged with manslaughter but acquitted. The death was the catalyst for the 1991 Royal Commission into Aboriginal Deaths in Custody.  

The terrible death of Mr Ward in the back of a prison van and recent Aboriginal deaths in custody remind us that thirty years later little has changed in Western Australia.

WA poet Jack Davis wrote what I believe is one of the finest Australian poems of all time about the death of John Pat.  Jack Davis's poem has been put into song by Archie Roach and Mark Bin Bakar.

John Pat
by Jack Davis (from the book John Pat and Other poems, published 1988)

" Write of life
the pious said
forget the past
the past is dead.
But all I see
in front of me
is a concrete floor
a cell door
and John Pat

Agh! tear out the page
forget his age
thin skull they cried
that's why he died!
But I can't forget
the silhouette
of a concrete floor
a cell door and John Pat

The end product
of Guddia* law
is a viaduct
for fang and claw,
and a place to dwell
like Roebourne's hell
of a concrete floor
a cell door
and John Pat

He's there- where?
there in their minds now
deep within,
there to prance
a sidelong glance
a silly grin
to remind them all
of a Guddia wall
a cell door
and John Pat

* Guddia is a Kimberley term for the white man