The take back Australia project. We are crowd funding to secure funds ($60,000) to pay a team of Constitutional/Asylum Lawyers to protect asylum seekers coming to Australia by sea or air. Our Unique Constitutional Arrangement. The genius of the Australian Constitution lies in a little subsection called section 75(v). It gives the High Court original jurisdiction in which any person, citizen or non citizen seeks mandamus, prohibition or an injunction against an officer of the Commonwealth. As a result of that tiny little subsection, ministers of the federal government, federal public servants, their agents and others acting on their behalf may be compelled to perform their Constitutional and legal duty and may be restrained from acting in excess of their constitutional or legal power. Mary Gaudron Former High court Judge, wrote: “The section, like lamingtons and Australian Rules Football, is all our own; our own peculiar genius. Not surprisingly, governments of both sides have sought from time to time to cut down the operation of that little subsection; and equally not surprisingly, High Court has resisted their attempts every time. That little subsection is quite unique. It has no equivalent, as far as I know, in any other Constitution. Certainly it has no equivalent in the United States of America. And it is only because America hasnt got that equivalent provision that we have that legal black hole known as Guantanamo Bay”. What will this writ seek? Through our advocacy we are seeking a Writ of Mandamus from the High Court under Section 75.(V.) in which any person, citizen or non citizen seeks mandamus, prohibition or an injunction against an officer of the Commonwealth. The High Court writ will mandate all heads of Federal Public Service departments and Armed Services, their agents and others acting on their behalf, to refuse to obey unlawful commands relating to any matter arising under any treaty ; Section 75.(1.) in order to ensure the universal human right to seek asylum is upheld. What will the High Court Order be be doing? It will Mandate that all responsible officers shall administer treaties, and uphold their duties according to all treaties in which the Commonwealth is a party; and international law and: - Respond to distress calls and reports of asylum seeker vessels in danger - Provide rescue, medical treatment, legal advocacy and assisting asylum seekers with refugee status processing in a fair and fast manner as per International conventions. - Ensure accurate and public reporting of all asylum seeker rescue operations by the Australian Government, Customs, Border Patrol and Royal Australian Navy. Who is behind the project?Currently this projected is at the initial stages, I John Ward have setup this crowd funding project in order to establish a not for profit organisation which will administer the fund and make payments to the legal advocates . I need all the support I can get and welcome other volunteers to assist sharing this crowd funding project with your friends, family and online social networks. What will the organisation be doing? - We will work with existing asylum seeker support groups to further lobby the government for changes to the treatment of Asylum Seekers by the Australian Government - Working with media partners, journalists and researchers to ensure all information on asylum seeker on-water, and those that come by air, actions are made public Why do we need this Writ of Mandamus?We are concerned about the indefinite mandatory detention of asylum seekers (including children) attempting to reach Australia by sea, offshore processing to asylum seekers, the reloading and turn and tow back of life rafts, the handing back of asylum seekers to their country of origin against the asylum seekers will ( refoulment) and other unfair and inhumane treatment of asylum seekers and refugees. We believe that International laws, human right conventions and refugee processing conventions are not being adhered to by the Australian Government. We further believe that the only way the offshore detention centres can act as deterrence is if the souls who inhabit them are held permanently in custody. This is unfair, unjust and unconscionable. The only way this policy can be overturned is for the judiciary to be asked to intervene and later rule on its efficacy. More information about asylum seekers and Australia. You can visit the for Asylum Seeker Resource Centre website resources to help inform you about all the issues facing asylum seekers and the current asylum seeker debate. By the way PNG has made reservations to (declared that it does not accept) articles 17 (1) (right to work), 21 (right to housing), 22 (1) (right to education), 26 (freedom of movement), 31 (right to enter), 32 (protection against expulsion) and 34 (facilitation of naturalisation of refugees) of the Convention. This suite of reservations makes it doubtful whether PNG / Manus Island detention centre itself can be said to be a party to the Convention; international law prohibits reservations which would frustrate its object or purpose. Whatever the answer to that question, it is clear that the obligations which PNG has accepted under the Convention are very different to those accepted by Australia. Any solution which discriminates against refugees based on the manner of their arrival, removes them to a country which has not adopted the same obligations as Australia and cannot, in any event, afford them the same rights as Australia therefore seems difficult to square with Australias Convention obligations. - See more at: probonoaustralia.au/news/2013/07/png-solution-odds-international-law#sthash.AtFw5Gj0.dpuf Why the $60,000 target? Upon successfully reaching the crowd funding target we will reach out to our Asylum Advocates and community for volunteers to help with the day to day operation of the organisation, legal & government lobbyists, In the meantime, we require as much support as possible sharing the message and helping us reach the project goal. The Federal Government has broken international laws and the International Refugee Convention on multiple occasions. Our organisation will comply with all Australian and International laws, in fact it will be our duty to ensure that the human rights and international refugee conventions are being upheld. Our vision is to ensure the safety of Asylum Seekers at sea and ensuring they are granted the right to apply for asylum in Australia - and not treated inhumanely. Our hopes and aspirations would like to see funding from a compassionate future Australian Government. Volunteers needed Can you help creating quality videos, scripts, logos or designs for the rewards? Let us know via the comments section of this page. Challenges The Federal Government have a hard-line attack on persons seeking asylum in Australia - particularly those who have exhausted all avenues and attempt to reach Australia by fishing vessels. We anticipate discussions and Government lobbying to be successful in this project. Our biggest challenge is reaching our target goal - but with your help, pledging a contribution and sharing with your networks, we can reach our target and succeed. Other Ways You Can Help Some people just cant contribute, but that doesnt mean they cant help: Ask folks to get the word out and make some noise about your campaign. Remind them to use the Indiegogo share tools! And thats all there is to it.
Posted on: Sun, 03 Aug 2014 15:07:08 +0000
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