Urgent call for CONSCIENCE VOTE

Media release 25 November 2024

ON THURSDAY 28 NOVEMBER for Private Senators Bill on law against genocide and removal of Attorney-General’s veto power [fiat].

Prof Ghillar, Michael Anderson, Convenor of the Sovereign Union, last surviving member of the founding four of the Aboriginal Embassy and Head of State of the Euahlayi Peoples Republic criticises the findings of the Senate Inquiry into genocide legislation and calls for a conscience vote when the private senators bill is voted on in the Senate on 28 November.

“If ever there is a mockery made of the judicial system and parliamentary process it has been the Senate Legal and Constitutional Affairs Committee falsely pretending that they were
seeking a public response on the removal of the Attorney-General’s veto power [fiat] over the prosecution of genocide cases.

“All the written and oral submissions made by lawyers and the Australian public to the Inquiry supported the rescinding of such an autocratic rule from our legislation by repealing sections 268.121 and 268.122 of the Criminal Code 1995. *[1]

“We know that the way the Attorney-General’s submission to the inquiry deflected focus onto Division 16 of the Criminal Code titled Miscellaneous is, in short, pathetic. Clause 16.1 *[2] which concerns only foreigners in foreign countries.

“The AGs submission did not address why the Attorney-General should maintain the fiat, instead deflected argument onto a matter that has nothing to do with the domestic law of Australia.

“What makes this even worse is that the Inquiry’s final report submitted to the parliament totally ignores the wishes of the people, who unanimously agreed with the removal of the
Attorney-General’s fiat.

“The Committee made only one recommendation: ‘The committee recommends that the Senate does not pass the Bill.’

“To allow the government to wilfully ignore the considerations of the public shows that Australia has great fears about its relationship with First Nations Peoples. This is reflected in the closing down of truth-telling commission in some states, e.g. Queensland.

“I believe the parliament must allow a conscience vote on this Private Senators Bill. which is beyond party political wrangling and goes to Australia’s status in international relations – a country is not considered civilised if it does not have a law against genocide.”

- by Professor Ghillar Michael Anderson
Convenor of Sovereign Union of First Nations and Peoples in Australia and Head of State of the Euahlayi Peoples Republic
Contact: https://bit.ly/4fKFJt8 - www.sovereignunion.mobi

REFERENCES:

*[1] Sections 268.121 and 268.122 of the Criminal Code 1995 legislated that the Attorney-General’s decision was final and ‘must not be challenged, appealed against, reviewed, quashed or called in question’ and ‘is not subject to prohibition, mandamus, injunction, declaration or certiorari’, 1 denying the Australian public unconditional access to public or even individual prosecutions for genocide.

*[2] Criminal Code Division 16 -- Miscellaneous
16.1 Attorney - General's consent required for prosecution if alleged conduct occurs wholly in a foreign country in certain circumstances
(1) Proceedings for an offence must not be commenced without the Attorney - General's written consent if:
(a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country; and
(c) at the time of the alleged offence, the person alleged to have committed the offence is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in
connection with an offence before the necessary consent has been given.on.mobi