Author: Susan

A woeful year for women

Let’s face it; 2016 has been a pretty shitty year for women at home and internationally. We have come so close, but are still so far from equality and sometimes, the closer you are, the more painful the absence feels. Then sometimes the gross violence is just sickening.

It started on shaky ground when three of finalists for Australian of the Year were all champions of gender equality: Liz Broderick, Cate McGregor and David Morrison. Then there was bitter disappointments when the Federal Government slashed funding for domestic violence services. Internationally, we have seen ongoing impunity for gross sexual violence in terrorism and armed conflict in the Middle East. The UN Security Council failed to select any one of a fine range of qualified and politically suitable female candidates for Secretary General, and voters in the US elected a misogynist rather than a women for president.

As we know, the Australian of the Year award was given to David Morrison whose primary efforts for gender equality were when he was the senior leader of a large, mixed gender workforce; the Australian Army. While militaries continue to be largely hyper-masculine organisations primarily made up of men (the Australian Defence Force comprises fifteen percent women and the Army twelve percent) he was none the less, employed and appropriately remunerated to lead the Army through the strategic challenges of the day. That leadership should most definitely include an organisational culture that treated women not just as equals worthy of respect, but as valuable contributors to the team.

So Australia’s most public civic recognition was not given to the trans woman who wrote the speech David Morrison is most famous for, nor the woman who developed and implemented the necessary change regime to bring about the required organisational culture for women in defence, but a very privileged, white, middle aged, military man who was already well paid and recognised for his work in the area.

David Morrison is a wonderful individual: a wonderful human being and a wonderful man. I have met him on several occasions and been impressed by his critical insight into gender issues and military culture. However, his recognition came at the cost of recognising a woman who has worked tirelessly on these issues her whole life, bringing about the most comprehensive and effective change regime needed to develop a respectful, just workplace rooted in equality. His recognition came at the expense of a ground-breaking trans woman who has struggled with a wide range of prejudices and spoken with a clear and articulate voice not just on issues of gender equality, but also in her chosen professional field: strategy and defence (and cricket, but that’s a separate issue).

These issues go to the key feminist criticism of the He For She movement. While men’s support for gender equality is vital and appreciated, it cannot come in the form of taking space and recognition from women. Male allies must champion gender equality side by side with women. Often that means they need to cede space to competent, clever and articulate women. They need to use their privilege, their agency, their platform to amplify the voice of those with less privilege.

After a year of Rosie Batty’s indefatigable campaigning on domestic violence, the Federal Government slashed funding to the community legal centres which largely help victims of family violence. These funding cuts came despite a report by the Productivity Commission showing every dollar invested in community legal centres saved the community $18 further down the line. Then, in repeated insults to community sector workers, campaigners and affected women, the government boasted about insufficient piecemeal funding rounds as ‘evidence’ to their support for “ending the scourge of domestic and family violence and sexual assault”.

It is thought that by the end of the year, 71 women died violently in Australia.  The most recent of those was a woman in her 30s, stabbed in the neck by a 40 year old man in the mediation room of a West Australian courthouse; a place where women and their children should be safe. Additional pressures this year mean that women are often staying or returning to unsafe situations, even if they have reported violence. Moo Baluch, chief executive of Domestic Violence NSW noted that “there are more people living one pay packet away from homelessness. Poverty and homelessness is growing – we know those things contribute to family violence.”

Internationally, we have seen the rise of a terrorist organisation that has used sexual violence in war crimes, crimes against humanity and genocide, with seeming impunity. Gendered war crimes have been the hallmark of Da’esh who have kidnapped women, published entire doctrines on the use of sex slaves, and thrown LGBTQI people off rooftops for their sexuality. Even as western backed forces battled to retake Mosul, no consideration was given to the thousands of Yazidi women kidnapped and held captive by Da’esh as sex slaves. Activists believe more than 3000 Yazidi women remain captive today and demand justice, including operations to free those held captive. But so far, no one is responding to their pleas.

In October, the United Nations appointed its ninth Secretary General. Fifty-two nations had joined a campaign to ensure a woman was appointed to the position. Known as the #She4SG campaign, it kicked off in earnest in March 2015. Even the current Secretary General, Ban Ki-Moon, had said it was “high time” a woman was appointed to the role. A total of seven highly competent and qualified women were candidates at various points in a race that was unprecedented in its openness. But none of those women was appointed to the UN’s top job.

The position was given to a white man from Western Europe, exactly what the appointee was not supposed to be. Western Europe has more Secretary Generals than any other regional group. Eastern Europe has had none. Two exceptionally qualified and competent female candidates were nominated from that region. Much to the consternation of many, they were unsuccessful. If the position could have been filled by someone from outside Eastern Europe, there were a range of valuable female candidates from Latin America and it has been a long time since a Secretary General came from that region. If the post could be filled by someone from Western Europe, there a valuable candidate from our own region (still classified in the Western Europe grouping). Former Prime Minister of New Zealand, and current head of the UN’s development program, Helen Clarke, was the most popular candidate among UN staff.

The Security Council, who recommends the successful candidate for the General Assembly to approve, said that Antonio Guterres was the candidate who they felt most confident and familiar with. As head of the UN refugee agency, Guterres has often appeared before the Council. But the issues dealt with by other candidates, female candidates, who head different parts of the UN or international organisations, do not come before the Council. Which begs the question, is Guterres’ appointment any more than a very public product of the patriarchal ‘boys club’?

He will likely make an exceptional Secretary General, and has already taken great strides to fill his senior leadership team with strong, capable and diverse women. But we remain sorely overdue for a woman to lead the United Nations.

Last, but not least of course, is the presidential election in the US. Electoral data continues to trickle in, shedding light on who voted for whom. But a vast number of women in the US, and internationally, remain flabbergasted that rather than electing a women president, US voters chose to elect a man with pending fraud and rape charges who had publicly degraded women so often, so grossly and so broadly that it is thought his behaviour has been normalised.

Of course, the election was not run or decided solely on gender grounds. Arguments remain that Americans wanted a candidate who spoke to domestic economic issues. In a system of voluntary voting, people really only turn up to vote when they feel passionately about one candidate or the other. So, had the Democratic National Convention chosen Bernie Sanders as their candidate, the result may have been very different. While many campaigners were excited at the prospects of their first woman president, many of Bernie’s policies and speeches were far more progressive and supportive of women than Hillary’s. But in patriarchal system such as politics, it is because of her sex, that Hillary would have been unable to say many of the pro-women things that Bernie did.

And so, while 2016 was a terrible year for women, we now face 2017 with a US President who sexually objectifies his own daughter, has called for women to be punished for having abortions, shows scant regard for legal or respectful behaviour of men towards women, and has already sought advice on who works on global women’s issues in the State Department.

At home, we see backwards steps in paid parental leave, the key policy that can effectively shape the gender pay gap by encouraging men to take on more care work, and allowing women the flexibility of early child care without having to too much financial burden or to leave the workforce entirely and continue their drop down the career and pay ladder.

Good riddance to 2016, but we have our work cut out for us in the year ahead!

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It’s time to prosecute – sexual violence by Da’esh in Iraq and Syria

Last month, the United Nations Security Council met for its annual open debate on Women, Peace and Security (WPS). In their statement to the Security Council, the Permanent Representative from Iraq called for assistance strengthening their capacity to address sexual violence perpetrated against women and children by Da’esh.

This year marks the sixteenth anniversary of the first WPS resolution, United Nations Security Council Resolution (UNSCR) 1325. UNSCR 1325 emphasised “the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls”.

There are now a total of eight WPS resolutions, many of which focus on prevention of, protection from and ending impunity for sexual violence in armed conflict. The most recent, UNSCR 2242 reiterated the need for the “implementation of relevant obligations under international humanitarian law and international human rights law.” It also affirmed “the primary role of Member States to implement fully the relevant provisions of Security Council resolutions on women, peace and security”.

International campaigns such as Stop Rape Now have sought to bring attention to sexual violence in armed conflict. But these gendered crimes are often being perpetrated outside the jurisdiction of institutions willing and able to bring the perpetrators to justice. In 2014, Angelina Jolie and William Hague launched the Preventing Sexual Violence Initiative with projects to aid in the documentation and investigation of sexual violence in conflict. Despite advances at the International Criminal Court, these crimes are often still overlooked.

In Iraq and Syria, there’s an unprecedented opportunity to end impunity for sexual violence in armed conflict. Da’esh have used sexual violence as a weapon of war, constituent of genocide and in crimes against humanity. Since 2011, over 30 000 people have travelled from 89 countries to fight with Da’esh and other extremist organisations. Many of those people come from countries where war crimes, crimes against humanity, and genocide are outlawed under domestic legislation.

If countries prosecuted their own nationals for these crimes we would finally go some way to achieving justice for the victims, ending impunity for sexual violence in conflict, and implementing the WPS agenda. In countries such as France, Germany, and the United Kingdom, war crimes, genocide and crimes against humanity are outlawed in domestic legislation.  Finland and Sweden have already bought cases against their nationals.

Sexual violence can be prosecuted as a violation of the laws or customs of war, Common Article 3 to the Geneva Conventions, the Fourth Geneva Convention, or both Additional Protocols I and II to the Geneva Conventions.  In Australia, war crimes and violations of the laws and customs of war are criminalised in the Geneva Conventions Act 1957 (last updated in 2009) and the War Crimes Act 1945 (last updated in 2010). These two acts have been incorporated in Division 268 of the Criminal Code Act 1995.

The Rome Statute of the International Criminal Court recognises rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilisation and other forms of sexual violence as crimes against humanity if the action is part of a widespread or systemic practice.

Da’esh has indeed developed a widespread and systemic practice of sexual slavery and rape. There is dedicated infrastructure for the enslavement, trafficking and rape of women and girls. Investigations have uncovered a network of warehouses where the victims are held, viewing rooms where they are inspected and marketed, and a dedicated fleet of buses used to transport them. Da’esh has developed a detailed bureaucracy of sex slavery, including sales contracts notarized by their own court system. They have published an entire doctrine codifying their practices. In order to comply with this doctrine, women are forced to take oral contraceptives to ensure they are not pregnant while being raped.

yazidi-protest

The principle of complementarity of the International Criminal Court obliges States Parties to investigate and prosecute the crimes outlined in the Rome Statute. The Rome Statute is integrated into Australian law with the International Criminal Court Act 2002  and the International Criminal Court (Consequential Ammendments) Act 2002.

For sexual violence to be considered “a constitutive act with respect to genocide,” it needs to have been committed with the intent to destroy, in whole or in part a national, ethnical, racial or religious group. The United Nations Human Rights Council has published a damning report, outlining Da’esh’s ongoing genocide of the Yazidis. Genocide has been a crime under Australian domestic law since 2002, when the federal government finally passed the Genocide Convention Act 1949.

Friday 25 November marks the beginning of the annual 16 Days of Activism Against Gender Violence campaign. It will be marked by the launch of the ‘prosecute; don’t perpetrate‘ campaign, calling on the Australian government to investigate and prosecute Australians who have perpetrated these crimes. It is high time we used our own laws, to investigate and prosecute our own citizens for sexual violence perpetrated by Da’esh in Iraq and Syria. Today is the most pertinent day to turn our minds to ending impunity for sexual violence in armed conflict. These laws exist; we know the crimes have been perpetrated. Now we need to develop the political will to allocate the resources, investigate individual cases and prosecute them.

An Open Letter to Hillary Clinton

Dear Hillary,

When I was 11, I told my father I wanted to be president of the United States. He told me, without hesitation, that I could be whatever I wanted to be if I worked hard. I never doubted that. Yet, life soon showed me just how hard women often have to fight to simply be whatever they want or feel led to be.

While we’ve certainly made strides, society still compels women to somehow justify our choices or actions in a way that men don’t have to. You’ve broken a lot of ceilings throughout your career, and I don’t need to tell you how intense, dirty, and thankless the world of politics can be; how washing your hands of the whole thing and hiding in a cave somewhere would be an easy and welcome respite.

But you didn’t hide. You never shied away from adversity. You’re not perfect, but no one is. You were brave enough to keep going, keep fighting, and keep putting yourself out there, because you believed in something bigger and better. And even though it means a lot to us women, you didn’t just do it for us: you did it for everyone.

So, thank you. Thank you for your stamina and grace. Thank you for giving our generation and all future generations an example of what is important and great in this already-great country. And thank you from an 11 year old girl, who 22 years later remains committed to the causes of justice and equality and will continue down this path you and others before you have lit for us.

We are indeed stronger together.

Onward,
Brittany Persinger

Brittany is an international security professional who lives in Arlington, VA. Follow her on Twitter at @BrittForPeace.

Mosul offensive mustn’t stop justice for war crimes

This post was kindly republished on the Huffington Post blog.

As the battle for Mosul rages, we need to remember that war crimes have driven this conflict.  Gendered war crimes have been the hallmark of Da’esh who have kidnapped women, published entire doctrines on the use of sex slaves, and thrown LGBTQI people off rooftops for their sexuality. There needs to be justice for those crimes. Their evidence needs to not be destroyed by the current offensive.

Rape has been used as a weapon of war; a war crime. It has been so widespread that it constitutes a crime against humanity. Furthermore, sexual violence has been used as constituent of genocide against the Yazidis. These crimes have been reported by the United Nations and many local and international activists.

The international nature of this conflict means there is the greatest scope for international justice for victims of these crimes. It has been reported that France is going to take Russia to the International Court of Justice for war crimes in the siege of Aleppo and the French prosecutor has been investigating Assad for war crimes since last September.

There have been repeated calls for the International Criminal Court to investigate and prosecute. However, neither Iraq nor Syria is signatory to the Rome Statute. The ICC may still be able to prosecute if it was referred by the Security Council, but both Russia and China have so far vetoed any efforts to pass such a resolution. As such, the ICC does not have the jurisdiction.

Foreign Fighters in Iraq and Syria (Credit: Radio Free Europe)

Foreign Fighters in Iraq and Syria (Credit: Radio Free Europe)

At the peak of Da’esh’s power some 30 000 foreign fighters filled their ranks. Many of these fighters came from places where war crimes, crimes against humanity and genocide are outlawed in domestic legislation. The principle of complementarity of the International Criminal Court means that countries who have signed the Rome Statue and have the willingness and ability, must investigate and prosecute these crimes. Finland and Sweden have already bought cases against their nationals. It is time countries like Australia, the United Kingdom and Belgium do so too.

However, investigation and prosecution of international crimes is incredibly difficult. Even when a competent authority has jurisdiction, gathering of evidence is problematic in a war zone, thousands of miles from home.

In 2014, Angelina Jolie and William Hague launched the International Protocol on the Investigation and Documentation of Sexual Violence in Conflict. Since then, the Foreign Office has developed training for the implementation of best practice for documenting sexual violence as a crime in conflict.

Yazidi activist, Ameena Saeed Hasan has called on planners of the Mosul offensive to consider Da’esh’s 1400 captives in their operational planning. US Ambassador to the United Nations, Sarah Mendelson has said the announcement of the Mosul offensive ahead of time allowed Da’esh to hide its captives. As such, it is all the more important to ensure considerations of investigation and evidence are integrated into the planning and conduct of military operations currently underway in Iraq.

Australia, the US and other nations supporting the Iraqi military have national action plans on women, peace and security. These action plans are based on the suite of UN Security Council resolutions that oblige member states to protect women from the effects of armed conflict (particularly sexual violence) and ensure their participation in conflict prevention, mitigation and recovery.

These resolutions identify sexual violence not only as a crime against humanity or constituent of genocide, but also a threat to international peace and security. Security Council Resolution 2106

affirms that sexual violence, when used or commissioned as a method or tactic of war or as part of a widespread or systemic attack against civilian populations, can significantly exacerbate and prolong situations of armed conflict and may impede the restoration of international peace and security

This time last year, the Security Council passed resolution 2242, reiterating the need for “implementation of relevant obligations under international humanitarian law and international human rights law”. That resolution also

called for the greater integration by member states and the United Nations of their agendas on women, peace and security, counter-terrorism and countering violent extremism

As such, it is absolutely imperative that the documentation and investigation of international crimes be fully considered in the planning, conduct and transition activities undertaken by security forces in Mosul. It is necessary for us to meet our obligations under international law, within the Security Council resolutions and within our own policy documents.

My year without Coles and Woolworths

I don’t much go into New Year’s resolutions, but this time last year a friend of mine suggested I resolve to not spend a single dollar at Coles or Woolworths for the entire year. Given my view of these two monolithic stores, and my food ethics, it was a challenge I wanted to accept. The year is almost done and I’m now taking the time to reflect on how I achieved the challenge.

The greenhouse emissions of the transport system that takes fresh food and other grocery items from their country or place of origin, to a wholesale market, to a warehouse, trucked to a grocery store, and sometimes onto a second or third store are huge. Products criss-cross the country, and sometimes the world. If you try buying a locally grown mango in Darwin, and it will have been shipped to the wholesale market in Brisbane, before being trucked all the way back to Darwin for retail sale. Then there’s the food miles of importing foods like garlic (commonly imported from China), lemons (often from the USA) or asparagus (from Peru) into that system for them to be bought to you in the off season. On top of that, there’s the hydroflurocarbons (HFCs) and hydrochloroflurocarbons (HCFCs) used in the refrigeration of all that food throughout its journey. Many of these chemicals are potent greenhouse gases. HCFCs also deplete the ozone layer. HCFC-22 is the most common refrigerant in Australia. 

I also have social concerns with both businesses. Farmers have been complaining about unfair prices for produce, and unreasonable contract requirements for years. The $2 milk wars were a very visual example of some of these practices, but similar complaints have been made by vegetable producers including those producing potatoes and onions. Indeed, in 2013, the Australian Competition and Consumer Commission undertook an investigation of the major supermarkets. They began with over 160,000 complaints, took a deeper look at over 3,000 of those and commenced about 550 individual investigations. Around 140 of these progressed to in-depth investigations, resulting in more than 30 court proceedings, over 30 court enforceable undertakings, and the payment of numerous infringement notices. Most recently, the watchdog launched major legal action against Woolworths for unconscionable conduct toward suppliers. In November and December last year, it is alleged that Woolworths developed a strategy to demand payments totalling $18.1 million from its suppliers simply to increase the supermarket’s profit margin.

Woolworths is also the largest owner and operator of high loss poker machines in the country. The majority of these machines are located in low-socio-economic neighbourhoods. Responding to recent government calls to reduce harm of poker machines, Woolworths took the opposite approach, facilitating and exacerbating the behaviour of addicts.

Fresh food

Before the challenge began, I already bought the majority of my fresh food from my local farmers market. This resolution meant that I needed to better plan my food needs, so I didn’t need to dash to the shop for just that one thing to make dinner complete. The market is a cash only (pretty much) zone, so I go with my $50 and get all my fresh food for the week. I can also get locally grown dried chickpeas, rain fed rice and rice flour and olive oil. I know the name of the person who produced every item in my market bag each week and that’s a great feeling. It is the polar opposite of the Woolworths/Coles shopping experience. I buy locally produced, gold medal winning, free range eggs; heritage beef; biodynamic lamb straight from the farmer; delicious free range poultry; high quality cheeses; locally produced and bottled Jersey milk from a family business; seafood from people who own the boat, catch the fish, and bring it to market for me to buy. I buy the freshest, tastiest vegetables from organic and ‘conventional’ farms within 200 kilometres of my home.

Leslie, from Small Cow Farm, with my favourite blue cheese
Fresh produce
Beautiful, plump figs
Locally grown avocados

I recognise how lucky I am to have such a good quality farmers market so close, on such a regular basis. I firmly believe that weekly farmers markets are the way to change people’s shopping behaviour, with this regularity there is a viable shopping alternative that can be relatively easily incorporated into a routine. A fortnightly market may be OK, but a monthly market will only lead to specialty and luxury items that people might buy for a treat. A monthly market does not provide a serious alternative for daily food items. I urge market organisers, and communities considering the beginning of a farmers market to plan for a weekly market, containing as much locally produced food as shoppers would reasonably consume within the seasons.

I would highly recommend upcoming markets look for inspiration from the Capital Region Farmers Market. They take great effort to get good variety of produce so that it is possible for shoppers to buy all their food there each week. This does not mean that everything on offer at the supermarket is available at the farmers market, but with due consideration of seasonality and what actually grows in the region, you can easily buy food for a balanced, healthy diet.

In spring and summer I also do a lot of foraging for wild greens, edible weeds and a variety of fruits that I eat fresh and preserve. There’s not much better than walking downstairs to the nature strip to pick some purslane, wild brassica or sheep sorrel to go in your salad. It’s far tastier than shop bought greens, packed with nutrition, and doesn’t cost a cent. It’s also a wonderful excuse to get into nature and relax outside. It’s certainly a superior experience than a peak hour visit to the supermarket.

Purslane growing in the nature strip
Sheep sorrel

Dry goods

I buy my flour, nuts and dried beans from my local food co-op. The prices are very reasonable, the range is quite extensive and there are a lot of organic options. The co-op is on my bike ride from home to my office. I take my clear cubes and reusable tins into the store and weigh the containers before filling them up. If you volunteer your time once a month, you get a reasonable discount on your shopping items. They have a good supply of other local fresh produce including fruit and veg, vegan cheeses, tofu and fermented foods. They also have bulk liquids like honey, vinegars, and molasses that you can pour into your own reusable jars and bottles.

My pantry

A photo posted by Susan (@susansumptuousuppers) on

Household products and toiletries

I buy most of my cleaning products, soaps, shampoo, toothpaste and such from my local IGA. I am happy to buy items from them because the store is walking distance from my apartment, the service is friendly and personal, and I prefer to support independent and family owned/operated business. IGA stores are always stocked with items that are reflective of the locals and the owners, providing a community feel that I prefer to the nationwide grocery chains. While IGA still has some power of collective purchasing, stores have more flexibility to buy from local suppliers and don’t have the same power to force unreasonable expectations on suppliers.

I buy my household cleaning products, including soap powder, dish detergent and shower cleaner from IGA. Although, I have just started replacing my shower cleaner with a natural vinegar solution. I often use bi-carbonate of soda for cleaning items such as the stove top, but I buy that from IGA too.

I buy all my laundry products from IGA. I use Aware soap powder to wash my clothes, it comes in a recycled cardboard box, is good to use in a front loader, and is free of the optical brighteners that fade coloured fabrics over time. I have however, discovered that my local food co-op sells bulk laundry detergent, which I may start to use instead of the boxes I buy at IGA. I buy a eucalyptus based wool wash by Earth Choice and the very occasional block of Sard soap for hand washing stubborn stains and grime out of whites.

Shampoo and conditioner were the hardest items for me. I like to buy in large containers, to minimise the packaging I’m responsible for. I like to use a silicon and paraben free shampoo. My IGA doesn’t stock the ‘natural’ version of the brand I like to use. In Canberra, we are lucky have a third supermarket chain, Supabarn. Supabarn does stock my Tresemme shampoo, but the stores are entirely out of my way. This has led me to consider changing brands, to a more ‘natural’ gentler shampoo that is available at my local chemist. The bottles are not available in as large a size as my Tresemme products, but they are organic, made in Australia and smell great.

I buy my shower soap from the farmers market. I love that the market rules only allow food and fresh produce stalls, but several of the olive producers have been allowed to sell olive oil soap alongside their other products. I buy a bar of olive oil soap produced by Homeleigh Grove just on the outskirts of Canberra. It has minimal packaging, is lovely and gently on the skin, and I personally like the people who produce it. I also buy the mini soap bars to put on the towel of my AirBnB guests, as a personal little, local touch.

I recently watched a great little video about how much change you can bring to the world by changing your own behaviour. It makes such a difference. Not only are you reducing your negative impact on the world, by choosing a better way, buying into better, more ethical and sustainable systems, you are making a constructive difference. You are modelling that positive behaviour to your friends and community, and supporting others who are working and living in similarly positive systems.

Will you give it a go this coming new year? Can you do a year without Coles and Woolworths? I would not be surprised if you find it as enjoyable as I did.

If you’d like to read more about the food portion of this shopping challenge, you can head over to my food blog: Susan’s Sumptuous Suppers.

This post was kindly republished by 1 Million Women.

Citizenship revoked

A few months ago, the Abbott government developed several proposals to strip Australian dual nationals of their citizenship should they join Daesh in the Middle East. They released a discussion paper which stated that “citizenship is a contract by which we all abide.” The paper talks about citizenship as a privilege that is “fundamentally linked to an ongoing commitment to Australia and participation in Australian society.”

First of all, citizenship is neither a privilege nor a contract. Citizenship is a right. Every human being has a right to statehood. Article 15 of the Universal Declaration of Human Rights provides that “everyone has the right to a nationality” and that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” Arbitrarily depriving someone of their nationality engages consideration of a legitimate objective, proportionality and due process. Each of these three considerations is questionable in this context.

It surprised me that this whole discussion began on the 800th anniversary of the signing of the Magna Carta, a document credited with the beginning of a western tradition of human rights and limitations on state power. Australia has the only copy of the Magna Carta in the southern hemisphere and it is permanently displayed in Parliament House. The most famous passage contained in this historic document can be found in Chapter 39 and states that, “no free man shall be taken or imprisoned, or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by the lawful judgement of his peers or by the law of the land.”

The right to citizenship is not one that can be revoked by Ministerial decree. This matter has been tested by courts in other jurisdictions. In 1958, in the Tropp v Dulles judgement, the United State Supreme Court stated “citizenship is not a licence that expires on misbehaviour… and the deprivation of citizenship is not a weapon that the government may use to express its displeasure at a citizen’s conduct, however reprehensible that conduct may be.” In that case, the Chief Justice, joined by Justices Black, Douglas and Whittaker concluded that “citizenship is not subject to the general powers of the National Government, and therefore cannot be divested in the exercise of those powers.”

In a recent article in The Conversation, Rayner Thwaites went beyond legal questions of the government’s proposals. He asked if revoking citizenship would be an effective “means of expressing moral opprobrium about terrorism?” I would argue that revoking citizenship is not a suitable means of addressing moral contempt of terrorism.

Captured women and children were treated as

Captured women and children were treated as “spoils of war”, the UN report said.
(Photo by AFP: Ahmad Al-Rubaye)

If an Australian citizen chooses to travel to Iraq or Syria and fight with Daesh and then chooses to return to Australia, they should be charged with the relevant criminal offences and prosecuted. Such offences could include treason, genocide and war crimes. In 2013, the Commonwealth Crimes Act was amended to update the definition of treason which could now cover acts undertaken by Australians fighting with Daesh in Syria or Iraq. The United Nations has suggested that Daesh is committing genocide against the Yazidi people. Genocide has been a crime in Australia since 2002, when the government finally passed the Genocide Convention Act of 1949.

There is also a vast body of evidence to suggest Daesh are committing a range of war crimes, or grave breaches of the Geneva Conventions. A recent report by the Human Rights Council recorded the following acts which are defined as war crimes in the Rome Statue: murder, cruel or degrading treatment and torture; directing attacks against civilians or humanitarian workers; taking hostages; summary executions; rape, sexual slavery, forced prostitution or forced pregnancy. The report documented particularly egregious violations against women and girls. As a result of this report, the Office of the High Commissioner for Human Rights has asked the Security Council to refer perpetrators to the International Criminal Court for further investigation and possible prosecutions.

In Australia, these acts are criminal offences under the Geneva Conventions Act 1957 (last updated in 2009) and the War Crimes Act 1945 (last updated in 2010). These two acts have been incorporated in Division 268 of the Criminal Code Act 1995. Under the principle of complementarity of the International Criminal Court, signatories to the Rome Statue have the obligation, if they are willing and able, to investigate and prosecute these crimes themselves. If such crimes have been committed by Australian citizens, we will certainly have the jurisdiction, and should show a willingness and ability to investigate and prosecute.

During the late 1980s, concern “that a significant number of persons who committed serious war crimes in Europe during World War II may have entered Australia and become Australian citizens or residents” gave rise to the establishment, in 1987, of the Special Investigations Unit. The unit investigated Nazi war crimes, and was later used in investigations of crimes in the Balkans. But there has been a “lack of political will to cover the necessary financial costs” and the unit no longer exists. When Australian soldiers were accused of unlawfully killing civilians in Afghanistan, the body of law used in their prosecution was not the Geneva Conventions, but civil law relating to duty of care.

A just response to Australians choosing to join Daesh, one that falls within the human rights framework and supports the rule of law, would be to find sufficient evidence, charge the individuals in question, and prosecute them. Justice would be much better served if the Australian Government mandated, maintained and supported the relevant institutions and units required for this task. This is particularly pertinent given Australia’s public stance against impunity for sexual and gender based violence in conflict and would certainly go some way to meeting our obligations under the suite of United Nations Security Council Resolutions on Women, Peace and Security and Australia’s National Action Plan on Women, Peace and Security 2012-2018.

Yoga Your Way

Today is International Yoga Day. I was fascinated yesterday, to read an article by Gina Woodhill on issues in the yoga industry in Australia. I would not be surprised if similar issues applied in other western countries. I agree with and am similarly concerned with the issues. I do not go to yoga classes. I have had several experiences with yoga teachers who show the arrogance she spoke of, and I have not felt such classes met the intent of yoga practice. But I do practice yoga.

I practice yoga at home, or in my office. Most recently, I practiced on my friend’s balcony in beautiful Brisbane. I don’t own a yoga mat, yoga pants or have a favourite yoga studio. I can’t afford to take a class and prefer the independence of solitary practice. In the cold Canberra winter, I like to practice when my body is warm after the shower. When I’m at home, I may lay a blanket on the floor. I like to practice in my pyjamas.

Pyjamas, balcony, yoga (the mat belonged to my friend)

Pyjamas, balcony, yoga (I borrowed the mat from my friend)

I started practicing because I wanted to move my body in healthy ways. I have a chronic health condition, Myalgic Encephalomyelitis. I am fatigued by auditory overload, cognitive overload and physical activity. When I fatigue, my neurological function deteriorates to the extreme; I have trouble walking, talking and even thinking. When I fatigue like that, it is very undignified. My body sort of collapses in on itself, and when I am extremely bad, tears may fall from my eyes and my nose may run. It is easy to hate my body for what it cannot do, and what it does do.

I practice yoga to learn to love my body, to be mindful of what it can do, and to appreciate it. It makes me feel good. It is good for my mental health, and for my physical health.

I do a simple Sun Salutations routine, from an app on my mobile phone. The app is from yoga.com, the routine is labelled as wellness for beginners. Doing yoga has helped with my balance and my strength. I am sure it has contributed to my reduced reliance on my walking stick. It also improves my posture, which is important after the indignity and physicality of collapsing in on myself.

Since getting sick, I’ve needed to learn to seriously listen to what my body tells me. I have needed to learn to identify triggers, to know when to stop an activity, and learn to recognise the onset of an episode or deterioration. My understanding of good yoga practice is that it is deeply tied to this notion of mindfulness; one of the key benefits I gain from my practice.

I had always been concerned about protecting my back from an old thoracic spine injury. But practicing yoga in this way also helps me manage my back; preventing flare ups and pain management.

I don’t think yoga is just for svelte women in lycra pants in classy studios. I think yoga is for everyone. This International Yoga Day, I hope more people can identify the ways in which yoga might be accessible for them and improve their wellbeing the way it has improved mine.

Beijing +20

In 1995, people from around the world gathered in Beijing for the United Nations’ Fourth World Conference on Women. Over 17,000 delegates and 30,000 activists attended. By the end of the conference, 189 participating countries had developed the most progressive blue print for women’s rights ever. The Beijing Platform for Action remains the gold standard for implementing women’s rights around the world. It comprises commitments under 12 critical areas of concern:

A. Women and poverty
B. Education and training of women
C. Women and health
D. Violence against women
E. Women and armed conflict
F. Women and the economy
G. Women in power and decision-making
H. Institutional mechanisms for the advancement of women
I.  Human rights of women
J.  Women and the media
K. Women and the environment
L. The girl child

This year, at the United Nations’ 59th Commission on the Status of Women, we are celebrating the 20th anniversary of the Beijing Platform for Action. It was hoped that the Ministers in the General Assembly would release a Political Declaration on accelerated action on the Beijing Platform for Action, prioritising human rights and women’s empowerment, calling for irreversible progress on women’s rights by 2030. I would have liked to see references to violence against women and girls as a key issue for equality and development, and a reinforcement of the women peace and security agenda. Other important issues in the women’s movement include the protection of sexual and reproductive health rights, climate change, and indigenous rights.

Released in the opening session of the Commission on the Status of Women, the Political Declaration was none of these things. It was merely a bland statement of support for the Beijing Platform for Action. During negotiations, specific needs and issues were shut out for fear of creating an unwieldy and unhelpful list of specificities. So there is no mention of disability; intersectionality; or women, peace and security. The Holy See, Russia and Member States in the G77 including China and Iran pushed to remove all references to human rights. Only three such references remain. There has certainly been discussion among civil society of the men in frocks wanting to take away women’s control of their own bodies.

The final document did maintain a reference to the specific goal on gender equality expected from the new development framework, the Sustainable Development Goals, which will replace the soon to expire Millennium Development Goals. Some of our Pacific neighbours fought hard to maintain references to the valuable work of non-government organisations and civil society in attaining gender equality. The Political Declaration also outlined the important role of UN Women in this process, which did not exist when the Beijing Platform for Action was developed, but now has the mandate to lead and coordinate the UN system’s work on gender equality.

Many people have been disappointed by the Political Declaration, and there is much hope that the General Assembly resolution on the working methods of the Commission on the Status of Women will keep the space open for non-government organisations to participate and advocate on women’s issues. Governments and civil society both need to be proactive to ensure the voices of young women and indigenous women are heard in these fora. It all goes to show what can be done when political and social movements seize the moment, as was done in Beijing. Now, the women’s movement needs to coalesce around what we do have, the Beijing Platform for Action and continue to push for its implementation. Rather than necessarily seeking new commitments, we need to see the implementation of the existing ones.

For ongoing updates from #CSW59, follow me on Twitter @SusansOpine.

I am participating in CSW59 as a member of the delegation from the Women’s International League for Peace and Freedom, of which I am a member of the Australian Section and convenor of the ACT Branch.

I have been able to travel to New York to participate in CSW59 thanks to a grant from the Australian National University Gender Institute as well as funding from my College of Arts and Social Science.

Australia Day awards

I could not be prouder to have Rosie Batty selected as the 2015 Australian of the Year. Last year, Rosie’s son, Luke Batty was playing in the cricket nets with his father. Without warning, his father smashed Luke on the back of the head with the cricket bat. When he fell to the ground, the father attacked him with a knife. Luke died in hospital the next day. Australia has watched Rosie Batty rise from this tragedy, at the press conference after Luke’s death, she said

Family violence happens to everybody. No matter how nice your house is, how intelligent you are. It can happen to anyone, and everyone.

She has tirelessly campaigned for greater awareness, and institutional responses to domestic violence. I’m certain I am not the only one who cries when she speaks about the issues; she has a profound voice. Now she is being recognised for her herculean efforts. I haven’t been this proud of our national awardees since Patrick McGorry was awarded the honour for his work on mental health.

Ben Roberts-Smith should be proud to have chaired a committee that selected, for the first time ever, four women for the Australian of the Year awards. It’s been a tough year for the recognition of women in Australia. We’ve seen cuts in funding to domestic violence and homelessness programs.We still have fewer women in federal cabinet than there are in Afghanistan. We’ve seen policies proposed that would lead to an increase in the real cost of a university degree for women. There’s been an increase in the gender pay gap and moves to force a reduction in the gender equity reporting requirements for employers. But Ben Roberts-Smith spoke a great truth at the awards ceremony

Rosie, Jackie, Drisana and Juliette remind us of the many ways in which women contribute to our nation — that women are a force for change, a voice for rights, influencers, educators and the heart of our communities.

It brings me great hope and joy that these four women have been recognised for their contribution to Australian society; their contribution and their leadership. Jackie French was awarded Senior Australian of the Year for her services to literacy; Drisana Levitzke-Gray was awarded Young Australian of the Year for campaigning for the rights of deaf people; and Juliette Wright was awarded Australia’s Local Hero for establishing a website that facilitates community members donating quality items to those in need, especially after a disaster.

Last year, the Prime Minister made the decision to revive part of the imperial honour system, appointing dames and knights, titles traditionally awarded for service to Queen and country. The first two awardees were the outgoing and incoming Governors General. Today he made an interesting announcement; awarding one of these knighthoods to none other than the Prince Philip, the Queen’s husband. There has been a great deal of discussion about the decision. Some people have protested based on personal attributes of the Prince, others have protested because he isn’t Australian. Today I read a very valid gender analysis of the decision. But I cannot think of a more bizarre choice merely on grounds of process. Giving Prince Philip an Australian knighthood seems to me to be a bit like choosing the principle as the pupil of the week, or perhaps the principle’s husband. It just doesn’t compute.

I was however heartened to read the list of OAM recipients from Far North Queensland recognised for their service to the indigenous community. The Medal of the Order of Australia is the category we see most people who have served the community, those who are recognised for voluntary service; not military service, or public service for which they have been otherwise recompensed, but the kind of service that truly comes from the heart, and gives in the best way possible. It is for this reason I love to see who has been awarded the OAM in communities around the nation. We hear so many dire stories from indigenous communities and so rarely hear of positive achievements, so it was especially good to hear indigenous people recognised for their service the community.

#thisgirlcan

A friend of mine recently posted this youtube clip.

I jiggle therefore I am.

Feeling like a fox,

I kick balls,

Deal with it.

Damn right I look hot.

 

I was stoked. He does such great work (for his take on ethical fashion check out ishivest). He’s a great guy, working on community engagement and participatory democracy in Chicago. He’s also pretty good looking. It made me happy that someone of such calibre was posting a clip about women’s body image. It’s not just any clip mind you; it’s great.

This Girl Can is a women’s health campaign from the UK and I can’t think of a healthier message. It taps into one of the issues described in Emma Watson’s He for She speech at the UN: women and girls opting out of sport because they don’t want to look muscly, are embarrassed about sweat, or the other things that go with being active. But it’s not just that. It’s not about being thin, being good, or winning. It’s about moving and relishing what that does to your body.

I’ve never really felt the fear of sweat or muscle that I hear those women talk about. I’ve never been thin, but I’ve always liked working up a sweat. I jiggle. I sweat. When I’m rocking on the dance floor I feel like a fox. I love to kick a soccer ball; I do it with attitude, even if I’m not very good at it. I enjoy it. Damn right I look hot, I am hot; that’s kind of the point isn’t it, to get the heart pumping?

I’ve never been sporty, but I’ve been a relatively active person most of my life. I loved swimming from an early age: it was my thing, the sport I did as a kid. I didn’t learn to ride a bike till late in primary school, but when I bought my own, I loved to ride it to school. I was a Girl Guide and loved to hike. I loved orienteering. I joined the Army, and served for many years. I used to love running. I tried combatting my fear of heights by taking up rock climbing in the Grampians. I travelled to Africa and climbed a live volcano; that was hard work.

I climbed an active volcano and camped the night on the rim of the crater.

I climbed an active volcano and camped the night on the rim of the crater.

But what I really love about the This Girl Can video is the diversity of subjects. There are women of colour, women with disabilities, skinny women, bigger women, young women, old women. The campaign isn’t about a goal, or a competition, it’s just about moving what you have as best you can. For me, that’s a very empowering message.

A couple of years ago, I had a minor surgery and got a major infection which left me with a chronic, disabling illness. Now, I get auditory overload. I get cognitive fatigue, and physical fatigue. When I fatigue, I have trouble walking, talking and even thinking.

I can’t be around loud noises. So there’s no more dancing in clubs for me. Oh how I miss dancing. I can’t be in a place where lots of people are talking at once, so even backyard parties are a problem. Soccer is out of the question. If I go swimming, I need to be careful that I have enough energy left to climb the three flights of stairs to my apartment. I live alone so I need to leave myself enough energy to be safe and self sufficient. Yes, sex is a problem.

It’s been hard not to resent my body; not to be angry at being trapped in such an unhelpful place. It’s scary. It’s disempowering. It’s upsetting. It’s frustrating.

Sometimes people say, ‘you should keep positive.’ But as our beloved Stella Young used to say “no amount of smiling at a flight of stairs has ever made it turn into a ramp.”

 

Part of maintaining my quality of life and good mental health is re-imagining a positive future for myself, within the confines of my current condition. It’s not healthy to go on falsely expecting everything to go back to the way it was before, if it won’t. No amount of smiling at the Hip Hop club will make me able to go in and dance the night away; or even have one dance without collapsing in the corner, a spastic bundle unable to control my limbs. So I am on a journey; learning to love my body for what this girl, and this body, can do.

There are a whole range of bonus This Girl Can clips. There’s one about a busy mum, one about losing inhibitions. But I really like the one called Grace Vs Pace. Grace rides a bike. She doesn’t wear lycra and she doesn’t go fast, but she goes and I think that’s great.

 

These days, I’m managing my health well enough that I can ride my bike from home to my office at uni. I ride my bike, and I do yoga.  I can’t afford lessons or anything; I have an app on my phone. I just have a little town bike, with three gears. I dawdle my way down the bike path, letting the men in lycra zoom past me. I love it. I love the physical act of cycling, I love the quiet bike path, I love that I’m doing something active, and I love that I don’t need to take the bus. When I get to uni, I open my window onto the oak filled courtyard and do a simple yoga routine. It calms me, it gives me the time to be mindful of my body, and to work it gently, kindly, beneficially.

There is no inspiration porn here, but someone trying to figure out what #thisgirlcan and I love that I’m able to do something good for, and with, my body.