ANZAC Day and its meaning is looking as if it is simply a brand opportunity for commercial businesses.
Although it may look that way, I would argue that ANZAC is probably no different from many other “days” in Australia that have been traditionally deemed worthy of reverence, such as Easter and Christmas.
The fact that a plastic surgeon in Melbourne offered an ANZAC Mateship Experience (a chance for two girls to rate their breasts, win a trip to Melbourne's ANZAC Day AFL match and then have a free appointment with the owner of the “surgery”) doesn’t surprise me. The response from the RSL, the Department of Veterans Affairs, and others also doesn’t surprise me.
It will take some months to play out, but Australia is finally before an international tribunal to determine whether or not it has acted legally over the division of the Timor Sea with Timor-Leste. At stake is the territorial boundary between Australia and Timor-Leste and, therefore, control of tens of billions of dollars’ worth of oil and gas resources.
Back in 2000, while Timor-Leste was still rebuilding its devastated infrastructure and preparing itself for independence, Australia insisted on retaining the Timor Gap Treaty, which had been so infamously agreed to with Indonesia in 1989. That this treaty was part of Australia’s acquiescence to Indonesia’s brutal 1975 invasion and subsequent occupation of Timor-Leste, in which up to a third of the population died, was especially galling to Timor-Leste.
Timor-Leste did not, at that early stage, even have a government. But Australia was already pushing hard in pursuit of its own narrowly defined national interests. Those interests were territorial and commercial. As it turned out, they were also personal. The person who led Australia’s case at that time was Foreign Minister Alexander Downer.
Downer later used Australian spies to bug Timor-Leste’s cabinet office during negotiations, in contravention of Timor-Leste law. Timor-Leste claims that those actions invalidate the subsequent treaty. In his life after politics, through his consulting firm Bespoke Approach, Downer became a paid consultant to Woodside Petroleum. Woodside is Australia’s largest hydrocarbon company and stands to make billions of dollars from the arrangement.
During those negotiations, Downer told the cash-strapped Timor-Leste government that if it did not agree to retain the pre-existing border arrangements, income from the Timor Gap’s oil deposits would be frozen. Without that income, the government of Timor-Leste would collapse and its people would starve.
According to reports at the time, Downer said to then Timor-Leste Prime Minister Mari Alkatiri that this approach was ‘a lesson in politics’. Timor-Leste being effectively blackmailed, Downer signed the first part of the three part agreement on 20 May 2002—the day Timor-Leste was officially declared independent.
The treaty, however, was incomplete and, allocating Timor-Leste just 18 per cent of revenues from the oil field, led to two further agreements. These resulted in the 2006 Treaty on Certain Maritime Agreements in the Timor Sea (CMATS), which sets aside the question of a permanent boundary between the two countries for fifty years, by which time estimated reserves will be depleted.
CMATS effectively re-instituted earlier agreements, in 1971 and 1972, with Indonesia. These agreements allocated a territorial boundary along Australia’s continental shelf, placing it much closer to Indonesia than Australia. This arrangement was based on a 1958 iteration of the Convention of the Law of the Sea.
Even then, Indonesia had objected to the continental shelf defining the boundary. Foreign Minister Mochtar Kusumaatmadja said of that agreement that Indonesia had been ‘taken to the cleaners’. However, the border that had been agreed to remained.
Portugal, the colonial authority in Timor-Leste at that time, had not participated in these border discussions. There thus remained a ‘gap’ in the boundary, corresponding to the Portuguese colonial territory.
Soon after Indonesia’s invasion of Timor-Leste, Australia resumed discussions with it about closing that ‘gap’. By this time, however, the Convention on the Law of the Sea had moved on. By 1982, the already contested ‘continental shelf’ argument was replaced by the convention that maritime boundaries be drawn at a point equidistant from claimant states; the so-called ‘median line’ principle. Addressing both the existing boundary arrangement with Indonesia, as well as ‘median line’ argument, and recognising the potential for oil and gas exploitation, the two countries agreed to the Timor Gap Treaty.
This treaty allocated a smaller part of the ‘gap’ exclusively to Indonesia, a larger portion to be shared between the two countries and a significant southern portion to Australia. The treaty remained unequal in terms of the median line principle, but did not disrupt the previously agreed boundary, while also allocating some of the resources of the ‘gap’ to Indonesia.
Following the finalisation of the Treaty with Indonesia, Australian Foreign Minister Gareth Evans and Indonesian Foreign Minister Ali Alatas infamously celebrated by toasting with champagne toast while flying over the Timor Gap. However, development of the gap’s resources had only just begun when Timor-Leste voted for independence in 1999.
It was against this background, and Timor-Leste’s desperate need to begin earning revenue, that it went into negotiations with Australia. But what Timor-Leste did not know at this time was that Australia had brought the full force of its capabilities to bear in deciding the outcome of the negotiations; Alexander Downer had ordered Australian foreign intelligence officers to bug Timor-Leste’s cabinet room, to gain inside information on Timor-Leste’s negotiating strategy.
Australia was ultimately successful in restricting Timor-Leste’s claims to those associated with the previous Indonesian agreement. The region in question—the Joint Petroleum Development Area (JPDA) —remained jointly operated, with a smaller northern section allocated to Timor-Leste, a larger central area to be divided between the two states, and a large southern area allocated to Australia.
The rest of the boundary remained as agreed with Indonesia. While Australia agreed to relatively generous terms in the allocation of income from the field, this assumed that Australia had a legitimate territorial claim in the first place. But more importantly, it placed the most valuable part of the Timor Sea’s hydrocarbon fields, the Greater Sunrise gas field, largely in Australian territorial waters.
The Greater Sunrise field has been estimated to be worth between $40 and $50 billion, with its revenue to be divided between Australia and Timor-Leste. Woodside Petroleum—the company that has since secured the services of Alexander Downer—has the contract to develop the field. However, a separate dispute between Woodside and Timor-Leste about processing the liquid natural gas from the field has stopped further development to date.
Timor-Leste has insisted that the Greater Sunrise gas be processed on shore in Timor-Leste to help kick-start a petro-chemical industry. This is intended to generate employment and technological transfers to Timor-Leste. With support from Australia, Woodside has so far resisted, preferring an off-shore floating processing site. If Timor-Leste is successful in having the maritime boundary redrawn, it will have the whip hand in deciding where processing will take place. If Woodside continues to resist, Timor-Leste may seek an alternative development partner.
Since the beginning of negotiations, Timor-Leste has been deeply unhappy about the whole issue of the Timor Sea. It has continued to argue for a fairer allocation of income from the Sea’s resources and a more internationally acceptable maritime boundary. Until recently, however, given that a treaty is in place, its legal case has been weak. And then came evidence that Australia spied on Timor-Leste’s cabinet discussions. Timor-Leste argues that this spying means that the treaty negotiations were conducted in bad faith and hence invalidates CMATS.
Australia’s spying on Timor-Leste was confirmed by a former intelligence agent who ran the spying operation on Timor-Leste’s cabinet. Following revelations about Downer’s employment by Woodside, he provided evidence of Australia’s actions to Timor-Leste’s counsel, Canberra-based lawyer Bernard Colleary.
Last year, Timor-Leste took the matter to the International Court of Arbitration at The Hague, asking that CMATS be formally invalidated. In response, the Australian Attorney-General, George Brandis, ordered that Australian domestic intelligence agency ASIO raid Colleary’s office and seize the claimed evidence.
This seizure has since been challenged in the International Court of Justice, and the Australian government has since said it will return those documents that do not present it with a security risk. The problem, of course, is that what represents a ‘security risk’ to Australia could, like its ‘national interest’, be widely interpreted. This is not to mention that Australia has again secured inside knowledge of Timor-Leste’s position and thus advantaged itself in a way that constitutes bad faith.
Australia has not just acted badly in relation to Timor-Leste, it is being seen to have acted badly. The question will be, if Timor-Leste is successful in its claim, whether the court will send the two countries back to negotiations or whether it will rule on a median point maritime boundary.
If it is compelled to return to negotiations, the Timor-Leste government says the median line will be its minimum position. If the court rules on the median line, however, it will not need to negotiate. Either way, the result will push the maritime boundary very much closer to Australia and, in effect, put almost all of the Timor Sea oil and gas resources under Timor-Leste’s jurisdiction.
As a result, beyond controlling the Greater Sunrise gas field and existing oil and gas fields, there is also the question about whether, if a median line boundary is imposed, Australia would be required to repay the billions of dollars it has inappropriately received under CMATS.
And perhaps as importantly, a median line maritime boundary with Timor-Leste will be at significant odds with Australia’s maritime boundaries with Indonesia. While redrawing Australia’s sea boundary with Indonesia is a separate issue, this will also come under reconsideration. Such a redrawing of boundaries would significantly reduce Australia’s maritime reach and expand that of Indonesia, with significant resource and security implications for both countries.
Australia is therefore trying desperately to hold off Timor-Leste’s claim, and may yet resort to further pressurising tactics. Australian aid to Timor-Leste could come into question although, with access to greater oil and gas revenues, such aid would become redundant.
In pursuit of its narrowly defined national interest, Australia has all but officially alienated a small regional country that has wanted nothing more than to be a friend. As a friend, however, it has wanted to be treated as an equal. If Timor-Leste is successful in The Hague, it will be made equal to Australia under international law. There won’t, however, be much left of the official friendship.
Rejected. That’s how they returned it.
"Application rejected" was stamped on a visa application to speak at a seminar in Jakarta. With this, I will now reach an arbitrary but quite substantial decade on Indonesia’s "black" list.
It has been widely assumed that Indonesia’s practice of black-listing people disappeared when president Suharto was pushed from power in 1998. But, despite its era of "reform" and relative democratisation, Indonesia’s draconian black list remains.
The black ban was placed on my entry to Indonesia not long after Susilo Bambang Yudhoyono became President in 2004. Along with another Australian academic, I was banned after making critical comments about the Indonesian army’s escalation of violence in the province of Aceh.
Along with a third academic, Dr Lesley McCulloch, and American journalist William Nessen, we comprised a small group deemed too troublesome to be allowed entry into Indonesia. Yet despite serving six months in Indonesian prisons for visa violations, within weeks of her release McCulloch’s ban was lifted and she was allowed to return.
By early 2005, I was advising the Free Aceh Movement in the Helsinki peace talks. Six months later, the talks ended three decades of separatist conflict and introduced democracy and a high degree of autonomy to that long-troubled province.
Despite the good outcome for Aceh and Indonesia, the Indonesian military (TNI) lost a substantial proportion of its illegal business interests in Aceh. The TNI was angry. It had two officers on the country’s immigration committee, who were ordered to ensure that I not return.
Visits to the Indonesian consul-general in Melbourne and embassy in Canberra to ask why I was banned produced the reply of either "I don’t know" or "visa violation". Yet no violation could be identified.
The other banned academic did what what some viewed as an about-face on the Indonesian military and had his ban lifted. The Indonesian consul-general in Melbourne said that if I also wrote positive articles about Indonesia my own case might be reviewed. I replied that my writing on Indonesia was often -- if not always -- positive.
Soon after, I learned that I had been banned anew for working on the problem of West Papua. It was like being executed, buried and then dug up to be shot again!
The purpose of a black ban used to be to cut off a researcher from his or her site of work. However, with the advent of email, Facebook and Skype, such bans have limited practical impact on the flow of information.
Some Indonesian friends regarded the black ban as misplaced. In 2008, then governor of Aceh, Irwandi Yusuf, flew to Melbourne to convey that Yudhoyono had lifted my black ban. I was, he said, free to return to Indonesia.
On this advice, a planned two-day stop-over in Indonesia en route to Singapore became a trip from Melbourne to Sydney via Jakarta. The TNI had overturned Yudhoyono’s listing of my ban. The game continued.
Having been more recently assured that the ban had expired, colleagues at the Islamic University of Indonesia invited me to present at a seminar and wrote a letter to the Indonesian embassy in Australia requesting a visa. Yet above the "application rejected" stamp was the hand-written words "masuk daftar cekal" ("banned entry list").
Indonesia’s democratisation process has been imperfect. Notably, reform of the TNI effectively ended around 2008, and it retains numerous "offline" business interests, along with entrenched coercive powers.
But the TNI seems to still be angry over the loss of some of its power and income that came as a consequence of the Aceh peace agreement. I assume it was also not happy with my writing about its involvement human rights abuses and corruption.
If that is the case, being banned from Indonesia is a small price to pay. That was so for the past decade. It now seems it will continue to be so.
How is a person to make sense of the conflicting nutrition messages they read and hear about each day? Despite a wide range of contradicting nutrition and diet messages, there are common themes that overlap across all of the popular diets - themes that give you the keys to long-term health in a simple-to-understand message.
Carbohydrates cause weight gain. Fat causes weight gain. We should eat like our caveman ancestors. Gluten and sugar are toxic. Saturated fat is bad for you…no wait…now it's good for you.
Half of all Australians will experience a legal problem this year. Most won’t get legal assistance or come into contact with our courts or other legal institutions. In part, this is because Australia’s legal system is “too slow, expensive and hard to understand”.
This was a key finding of the Productivity Commission’s draft report of its inquiry into access to justice, released this week.
The 891-page report seeks feedback on a number of findings and recommendations to improve access to justice. But why are they needed? And are the recommendations practical?
Perhaps it’s because we like to reinforce our own prejudices with positive reaffirmations or perhaps it’s because the media does not know how to tell a complex story simply, but the weekend’s presidential election in Afghanistan was not the democratic triumph we have been led to believe. Yes, they were elections, but this was somewhat short of "two turnover test" that has been incorrectly applied to the notion of "democratic consolidation".
The most positive news to come from the elections was that there was relatively little violence on the part of the Taliban. This meant that most voters who wanted to participate could do so.
Indications are that the voter turnout was in excess of 50%, which might look good set against the United States' own abysmal electoral participation but falls well short of the enthusiastic 80%-plus registered in other new democracies. There has also been much celebration of the fact that around a third of the voters were women, which otherwise indicates how poor the status of women is in this still deeply traditionalist country.
Of the 11 presidential candidates, none was expected to come out as a clear winner with 50%-plus of the vote, meaning the elections would go to a run-off between the two leading candidates. Abdullah Abdullah appeared to be the candidate most favoured by the West, in part because he is a known figure, having run against Hamid Karzai in the 2009 elections, and in part because he is photogenic and speaks English well.
However, unlike 2009, the half-ethnic Pashtun-half Tajik Abdullah was not a frontrunner this time around. The winner is expected to be a full-blooded Pashtun, which while not of an absolute majority in their own right is still Afghanistan’s largest ethnic group.
Of the two leading candidates, Ashraf Ghani Ahmadzai is an American-educated academic and former finance minister who spent much of his adult life outside Afghanistan. He appears competent and the least corrupt of the leading candidates. The other lead candidate is Zalmay Rassoul, who is backed by outgoing Hamid Karzai, and may be implicated in some of the allegations of profound corruption that have swirled around the Karzai camp.
Other candidates include religious figures, some close to the Taliban and a smattering of warlords. It will be several days, perhaps weeks, before it is known, however, who will head into the run-off.
Early reports suggest that the 2014 elections were not as compromised as the 2009 elections, in part because there were very few election observers left in the field to actually monitor the elections. Even so, there have still been numerous reports of irregularities and a lack of ballot papers in some areas, notably where Abdullah has the strongest support.
The run-off election, with massive opportunities for patronage available to the winner, is likely to see more serious electoral fraud. If reports continue to say that the situation has improved since 2009, that perhaps less reflects that the electoral process is a good one and more that the 2009 elections were, according to all of the electoral observers there then, the most corrupt and compromised in the history of election observation.
A large part of the Afghanistan political equation, though, is the Taliban, which conformed to an increasing political type by not disrupting election day itself. They know this is not the main game.
As the international presence in Afghanistan winds down, both in military and aid terms, no matter who is elected as the new president, they will have to negotiate directly with the Taliban. And the Taliban has shown that any such negotiations will, increasingly, be on their terms.
Afghanistan has had elections, which is positive, even if the process only partially fulfilled the criteria for being truly democratic. However, any suggestion that the "two turnover test" means anything more than forestalling the inevitable is to reflect a poor appreciation of Afghanistan’s conflicted history or fractured political dynamics.
For those following a strict diet to lose weight, a new study proposes that there may just be merit in the idea of ‘weekend cheating’ in loosening the bounds of food self-control.
Making concerted dietary changes and having them stick long term to help with weight loss is tough. Just how many people fall off their best-intentioned diet plans is testament to this. We only have enough willpower to force dietary changes upon ourselves and one day that firm resolve will fail. Enter the idea that having a ‘cheat’ day or weekend may lessen the feelings of self-deprivation when following a strict diet.
Researchers from the United States examined the idea that because our lives follow a weekly rhythm where weekdays are normally very different to weekends, there may be merit in having our eating habits follow a similar pattern as well.
United States political leaders bluster, but Russia continues to be unmoved by their protestations over its annexation of Crimea and the massing of troops along Ukraine’s border. Long having believed itself the world’s only superpower, the US is now being delivered a lesson in real politik, if not humility.
Estonia, which has a large Russian population, has hit back against Russia, saying the West should freeze all Russian bank accounts … for what little that would appear to do. Estonia’s President Toomas Hendrik Ilves says that what is most threatening about Russia’s behaviour is that "the old rules don’t apply". Since Russia’s 2008 invasion of Georgia, he says, it has been clear that Putin would ignore guarantees of territorial sovereignty that conflicted with Russia’s sense of national interest.
Despite US President Barack Obama claiming that Russia’s seizure of Crimea is a sign of weakness rather than strength, US commentators, such as Stratfor’s George Friedman, believe the US is now headed towards direct confrontation with an increasingly assertive Russia. Assuming the US continues to believe that it is the world’s remaining superpower, and not one that has to negotiate, this may be correct.
There are now real concerns that, having established the precedent of "protecting" Russian speakers in former Soviet satellite states, it may move to annex further regions. Despite some commentary suggesting that Russia’s assertiveness is solely Putin’s doing, in fact it represents the wholesale reorientation of Russian politics towards a dominant conservative nationalist paradigm.
To illustrate, Deputy Speaker of Russia’s Duma, Vladimir Zhirinovsky, bluntly says that the south-east of Ukraine be re-incorporated into Russia. Yet Zhirinovsky is the head of the inappropriately named Liberal Democratic Party, rather than Putin’s United Russia Party.
Within Russia, there is strong support for asserting Russia’s "return to greatness". According to Irina Yarovaya, a prominent member of the Duma's security committee: "Any person whatsoever who criticises the policies of the Russian authorities in Crimea becomes thereby an enemy of the fatherland."
Criticism of Msocow’s policies or Putin himself is no longer tolerated. Leading Moscow academic Professor Andrei Zubov was recently sacked from the prestigious Moscow State Institute of International Relations for comparing Moscow's actions in Ukraine with Nazi Germany's annexation of Austria in 1938. In a parallel move, a number of critical websites have also been closed.
As if to illustrate the parallels between Russia’s former and current oligarchies, and the shift from one strong leader to another, Russia’s Orthodox Church Press has recently released its 2014 calendar featuring none other than the infamous Joseph Stalin. One analyst noted: "As Stalin would say 'this is not mere chance, Comrades'."
In large part, what appears to be missing from the West’s expressions of moral outrage over Russia’s perceived expansionism is that they are not presenting the world as it is, but rather as they would like it to be. The collapse of the Soviet Union was a moment of deep reflection for Russia, but the West’s triumphalism did not mean that Russia had disappeared. It many respects, it remains powerful, perhaps almost as much as it has earlier been.
Similarly, the rise of China as an economic and strategic power -- and the US' Asia "pivot" recognising that -- has added a third key player to the global balance of power. With the US economically and strategically weakened, perceptions of its pre-eminence and ability to shift global events are increasingly doubtful.
The Cold War era was characterised by two superpowers, and the post-Cold War era by just one. But, in the wake of the US’ ill-advised adventures in Afghanistan and Iraq, the world increasingly appears as tri-polar. No one now seriously questions that China is a global player and that Russia can act, more or less, with impunity in areas it claims to be in its sphere of influence, tends to confirm this fundamental global strategic shift.
Evidence continues to grow that physical activity after a cancer diagnosis is linked to a better survival outlook.
Being physically active is now recognised as a potent ‘cancer-preventing’ habit. Some estimates link regular physical activity to as much as a 20 to 40% lower risk of colon and post-menopausal breast cancer and a potential benefit in lowering prostate cancer risk too.
Being active also comes with the added bonus of improving fitness, keeping bones healthy, keeping body weight in check and reducing stress.
On Friday, Yassir Ibrahim Mohamed Hassan was sentenced in the NSW Supreme Court to a maximum term of 12 years imprisonment, with a non-parole period of nine years, for the manslaughter of his wife, Mariam Henery Yousif. Hassan's case is a stark reminder of the injustices caused by the partial defence of provocation, which continues to reduce what would otherwise be murder to manslaughter in New South Wales,
Hassan, aged 56 years old at the time of sentencing, killed his 24-year-old wife in a ‘frenzied’ knife attack that occurred on a background of over two years of disharmony in the marriage. While the specific cause of the marriage deterioration was not clear, on sentence the judge noted multiple contributing factors including their significant age difference, cultural differences and disagreements over parenting discipline style.