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equal rights administration

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overcoming racism

Racism is an outcome of an imbalance of power between women and men. If women and men achieve equality, all groups comprised of women and men achieve equality, and the inequity which fuels racism is removed.
Within fifty years mainstream thought will proceed from the assumption relations between women and men, rather than economic opportunity, is the engine room of human culture. That's the way the world is turning. So the best strategy to overcome racism is to borrow from the future. I do it all the time and I'm considered either a prophet or an idiot, often in equal measure, which seems to come with the territory but delivers excellent peace of mind.
Recognise gender relationships involved at source. What's the power base of those who espouse racism? If it's coming from an individual, what's their involvement with, or attitude towards the empowerment of women? If male, introduce into conversation the male privilege in which men wallow. If he doesn't recognise his privilege, ask where's the women's legislature, like the legislatures men granted themselves and have always controlled? If female, speak to the crumbllng dependence of women on men. The offender will consider your approach irrelevant to their preoccupation with resource allocation but persist and they'll become increasingly perplexed and less self assured because you have the tide of humanity on your side.
If a corporation is engaged in racist enterprise, look to the gender makeup of senior management and you'll have the support of Federal Sex Discrimination Commissioner Elizabeth Broderick and the Australian Stock Exchange, which has flagged it will soon prohibit from trading corporations under its control which defer from enabling the fair representation of women on their boards of directors. Andrew Forrest's Fortescue Metals Group, for instance, has no women on it's eleven member board, Santos has three women on a board of twenty, so Santos can be considered a more equitable source of funding than FMG if funding is in contention, albeit that both are in dire need of reform which their sponsorship with you will encourage.
Turn the conversation to gender, to the provision of a balance of power between women and men, those most infuriated will be those most likely to resort to racism and to be silenced before they do. Borrow from the future, it's easy, like racism it's an attitude, an intellectual approach, but one which trumps racism. Go straight to an analysis of gender and bring the future into your present, works every time, in my humble experience.
10 November, 2011
the way forward

Australia's Colonies signed up to the Commonwealth of Australia Act 1900, becoming States on 1 January, 1901. After a campaign led, amongst others, by legendary Aboriginal activist Oodgeroo Noonuccal, culminating in a referendum in 1967 which achieved overwhelming support, Aborigines came under the auspices of the Constitution of Australia. Subsequently, the Australia Act 1986 (Cth) severed all ties with the Westminster Parliament and the Queen in her capacity as the British Monarch, but not as the Australian Monarch. Unless Aborigines have superior force of arms, which is not the traditional way anyway, negotiations with the Crown to reconcile Aboriginal Sovereignty with the governance of the nation will occur appropriately under the terms of the Australian Constitution.
First up is the requirement for a women's jurisdiction consistent with Aboriginal protocol. The international Courts are of no assistance because international law doesn't recognise a women's jurisdiction. The Constitution will need to be reformed to provide for a women's legislature to enable a women's jurisdiction, a simple task since there's hardly anyone left in Australia who doesn't support equality between women and men, such that a referendum on the provision of a women's legislature, embedded in governance conducted by agreement between women's and men's legislatures, presided over by a Council of Governors-General, accompanied by Courts of women's and men's jurisdiction, in the Aboriginal tradition would receive overwhelming support if conducted this weekend. The Queen can use her reserve power to reject a Referendum Bill on the provision of a women's legislature but to do so would invoke the ghost of Magna Carta and incite major political turmoil and a severe backlash against her reign. Alternatively, she can accept the extraordinary legacy of passing her sovereignty to senior citizens presiding over the first women's legislature of the modern era, which, in all probability, would be her preferred approach. Global recognition of a women's jurisdiction will occur once Australia takes the lead, consistent with the depth and extent of the Aboriginal tradition.
With a women's jurisdiction alongside the men's a genuine Treaty can be negotiated, the piece of paper often sought, after which all Australians can move forward together and lead the world in governance of global peace and sustainable prosperity in perpetuity. I know this because I've been working on it since the Black Power days of the 1970s when I used to stand outside the Builders Arms Hotel and look down Gertrude Street, Fitzroy at the Royal Exhibition Building in Melbourne, which hosted the opening of the first Parliament of Australia in 1901, and considered the options. The way forward is perfectly clear and relatively free from obstruction.
* In recognition of Aboriginal and Torres Strait Islander peoples, do you agree to an amendment to the Constitution to enable equal rights between women and men?
1. The Constitution of Australia is a foundation legal document.
2. In order to preserve the integrity of law, recognition of Aboriginal and Torres Strait Islander peoples in the Constitution must accommodate recognition of customary Aboriginal and Torres Strait Islander foundation law, where such law can be found to exist.
3. Justice John von Doussain in the Federal Court recognised customary foundation law with the view he was "not satisfied on the evidence before this Court that the applicants have established on the balance of probabilities that restricted women's knowledge as revealed to Dr Fergie and Professor Saunders was not part of genuine Aboriginal tradition". [Chapman v Luminis Pty Ltd (No 5) (21 August 2001):400]
4. Customary foundation law enables governance by agreement between women's and men's legislative assemblies.
5. Recognition of customary foundation law in the Constitution rebadges the Senate a women's legislature with members elected by women and the House of Representatives a men's legislature with members elected by men, each with the same powers to initiate, review, amend, accept or reject legislation enacted with passage through both.
6. A Cabinet of an equal number of women, appointed by a majority of the women's legislature, and men, appointed by a majority of the men's legislature, reconciles the business of the Parliament and provides leadership.
7. With Royal assent, sovereignty transfers from the Crown to a Council of Governors-General comprising an equal number of senior women and men appointed by the Cabinet.
8. The Courts recognise women's and men's jurisdictions.
9. Customary foundation law and equal rights between women and men are one and the same.
10. A referendum question on equal rights between women and men in recognition of Aboriginal and Torres Strait Islander peoples would receive overwhelming support since equal rights between women and men at law has received overwhelming support, other than foundation law where the opportunity has yet arisen, since the Constitution was enacted.
23 October, 2011

philip mckeon
406/43 morehead street redfern eora
sydney australia 2016
mob: +61 0404 254 328
prevention

The best way to resolve the problems Aboriginal peoples experience is to resolve the problems European peoples claiming sovereignty over Aboriginal lands experience.
The problems European peoples experience emanate from an imbalance of male power corrected effortlessly with the provision of women's legislatures.
8 September, 2011
the people

In 2007 the High Court found that Australia's Constitution conferred a limited right to vote because members of the House of Representatives and the Senate "shall be composed of members directly chosen by the people".
A majority of the Court decided in favour of an appeal against the validity of legislation preventing an inmate of a women's prison from voting, but was not invited to, and did not consider whether the Constitution's protection of the right to vote actually extended to women.
Coverture laws in effect in Victorian England when the Constitution was enacted bound women as the property of men unless otherwise legislated.
Women's right to vote was never assumed under the Constitution and had to be legislated soon after Federation.
A women's legislature in the Constitution would secure protection for women.
1 September, 2011
source and solution

The Constitution is the source of Australian governance. If you have no problem with the Constitution in it's present form you have no problem with the way Australia is governed and you're comfortable with the endemic problems being experienced in disadvantaged communities.
Disadvantage is the outcome of an imbalance of male power, as centuries of recent history attest, which can be remedied with provision in the Constitution for a women's legislature.
25 August, 2011
consumed

Is anyone else over the entire world and it's resources being consumed by men arguing with each other?
Want to do something about it, demand provision for women's legislatures.
18 August, 2011
Aboriginal Sovereignty

Aboriginal Sovereignty is derived from governance conducted by agreement between women's and men's legislative assemblies, whereas the sovereignty introduced into Australia by Europeans is derived from governance in which women participate with male consent, inclusive of leadership.
Aboriginal Sovereignty is fair and equitable and can be extended to all Australians with reform of the Constitution to provide for a women's legislature, while the sovereignty Europeans introduced is discriminatory, and diminishing globally at a rapid pace.
11 August, 2011
human

There's no women's legislature in Australia to enable women's rights so the only rights women exercise are men's rights men allow women to exercise.
The Australian Human Rights Commission and its governing body, the Parliament of Australia, should be reminded women are human too.
4 August, 2011
cabinet

The Cabinet formulating policy for the Australian Government is comprised of sixteen men and four women, well short of the 33% critical mass to begin to achieve equitable female representation.
Genuine policy formulation is conducted by a Cabinet of an equal number of women and men appointed by women's and men's legislative assemblies.
28 July, 2011
recovery

Twelve of the 14 members of the Board of Directors of Royal Dutch Shell, the company with approval to drill for gas at the pristine Ningaloo Reef, a recently listed World Heritage site, are men. 16 of the 20 members of the Cabinet of the (Australian) government, which gave approval to Royal Dutch Shell to drill for gas at Ningaloo Reef, are men. 19 of the 20 members of the Board of Directors of the Tokyo Electric Power Company, responsible for the stricken Fukushima Daiichi nuclear plant, are men. 21 of the 22 members of the Board of Directors and Executive Management of BP Global, the company responsible for the oil catastrophe in the Gulf of Mexico, are men. 17 of the 18 members of the Board of Directors and Executive Management of Woodside Petroleum, the company seeking to destroy the pristine coastal environment at James Price Point in the Kimberley to build a gas hub, are men. All eleven members of the Board of Directors of Fortescue Metals Group Ltd, Andrew Forrest's company which has rejected a fair and equitable agreement with the Yindjibarndi Aboriginal Corporation to mine Yindjibarndi lands, are men. All 17 members of the Board of Directors and Executive Leadership of Dart Energy, a company focused on the extraction of coal bed methane in eastern Australia and elsewhere with the fracking method, which can leave significant amounts of hazardous contaminants in water, are men. 16 of the 17 members of the Board of Directors of News Corporation, the standard bearer for corporate governance, are men.
An imbalance of male power is destroying Earth.
The finance industry at cause of the Global Financial Crisis was so saturated with men the US Congress enacted fair inclusion laws to include women. The Australian Stock Exchange will soon impose quotas for the fair inclusion of women on Boards of Directors of companies under its control, including News Corp, Woodside, Fortescue and Dart, or suspend offending companies from trading. Sustainable prosperity is occurring contemporaneously with the empowerment of women, overturning policies imposed by men.
Recovery will ultimately be achieved with governance by agreement between women's and men's legislatures, courts and corporate committees.
21 July, 2011
competence

With competence in all offices of government, the time is at hand to include a women's legislature in the Constitution so women can exercise the same power as men.
14 July, 2010
custody

Untoward incarceration and deaths in custody won't be resolved until men stop assuming their own kind can resolve problems on behalf of women, and start involving women as equals with dedicated women's custodial committees and women gaol visitors.
Custody is women's business just as much as the men's.
7 July, 2011
invasion

In legal parlance, the European occupation of Australia is an invasion until such time as a genuine Treaty is negotiated, which can't happen until the nation's Constitution recognises a women's jurisdiction with provision for a women's legislature, after which the invasion becomes an accommodation.
30 June, 2011
Bill of Rights

A Bill of Rights would be wonderful, but on it's own, hypocritical. A Bill of Rights which includes women's rights would be ideal, but that can't happen until the Constitution is reformed to provide for a women's legislature. Right now Australia's Constitution enables men's rights only, because the men who enacted the Constitution prohibited women from voting on its enactment. Men can't enact women's rights without women's consent, because the rights they enact without consent concerning women are rights which concern themselves, not women. The only laws which can be enacted under the Constitution in its present form are men's laws. Women can consent to a Bill of Rights attached to the Constitution at a referendum, but the consent they give is consent men allow them to give, not consent women allow themselves to give. There is no women's law, and there are no women's rights without a women's legislature to enact law, there is only men's law and what men allow. A call for a Bill of Rights without a women's legislature undermines all the efforts men have made since the Constitution was enacted to achieve equal rights for women.
23 June, 2011
foundation_law

* In recognition of Aboriginal and Torres Strait Islander peoples, do you agree to an amendment to the Constitution to enable equal rights between women and men?
1. The Constitution of Australia is a foundation legal document.
2. In order to preserve the integrity of law, recognition of Aboriginal and Torres Strait Islander peoples in the Constitution must accommodate recognition of customary Aboriginal and Torres Strait Islander foundation law, where such law can be found to exist.
3. Justice John von Doussain in the Federal Court recognised customary foundation law with the view he was "not satisfied on the evidence before this Court that the applicants have established on the balance of probabilities that restricted women's knowledge as revealed to Dr Fergie and Professor Saunders was not part of genuine Aboriginal tradition". [Chapman v Luminis Pty Ltd (No 5) (21 August 2001):400]
5. Customary foundation law enables governance by agreement between women's and men's legislative assemblies.
6. Recognition of customary foundation law in the Constitution rebadges the Senate a women's legislature with members elected by women and the House of Representatives a men's legislature with members elected by men, each with the same powers to initiate, review, amend, accept or reject legislation enacted with passage through both.
7. A Cabinet of equal numbers of women, appointed by a majority of the women's legislature, and men, appointed by a majority of the men's legislature, reconciles the business of the Parliament and provides leadership.
8. Sovereignty resides with a Council of Governors-General comprising equal numbers of senior women and men.
9. The Courts recognise women's and men's jurisdictions.
10. Customary foundation law and equal rights between women and men are one and the same.
11. An application to the High Court to void an unaccompanied referendum question on the recognition of Aboriginal and Torres Strait Islander peoples in the preamble to the Constitution, on grounds of probity since the preamble in itself cannot accommodate foundation law, would in all probability succeed.
12. A referendum question on equal rights between women and men in recognition of Aboriginal and Torres Strait Islander peoples would receive overwhelming support because equal rights between women and men at law has received overwhelming support, other than foundation law where the opportunity has yet arisen, since the Constitution was enacted.
16 June, 2011
terra nullius

Australia's Prime Minister Julia Gillard has witnessed an historic agreement reached between Indigenous leaders in the Northern Territory’s Gove region and mining giant Rio Tinto Alcan.
Australia doesn't have a women's legislature and the Courts don't recognise a women's jurisdiction so what the Prime Minister witnessed was men's ceremony.
Women's ceremony is terra nullius in Australia.
9 June, 2011
the burqa

Bans on the burqa in Europe are a valuable lesson in the farce that is patriarchy.
A male hegemony imposes cultural rules which women come to own for their very survival. A male hegemony from another culture then imposes cultural rules to overturn the cultural rules a male hegemony imposed in the first place, with apparent disregard for women. It's a power game between men of which women are the victims.
It will not be until patriarchy is dismantled with provision for women's legislatures that women will have the opportunity to make their own choices. The bans make men look just plain stupid.
2 June, 2011
enterprise

Patriarchies allocate funding to patriarchal enterprise, thus the problems encountered by Aboriginal communities.
Remove patriarchy with provision for women's legislatures and not only are the problems removed, the Aboriginal contribution to Australian society accords in its entirety with tradition.

26 May, 2011
including women in the Constitution

A Discussion Paper released by the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Australians makes no mention of the requirement in Aboriginal and Torres Strait Islander tradition for a women's legislature.
Submissions can be made here and a sample submission on the requirement for a women's legislature can be accessed and copied here.
19 May, 2011

Submission to amend the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples (1)

* In recognition of Aboriginal and Torres Strait Islander peoples, do you agree to an amendment to the Constitution to enable equal rights between women and men?

1. The Aboriginal and Torres Strait Islander tradition of equal rights governance is widely acknowledged; in the Federal Court by Justice John von Doussain with the view he was "not satisfied on the evidence before this Court that the applicants have established on the balance of probabilities that restricted women's knowledge as revealed to Dr Fergie and Professor Saunders was not part of genuine Aboriginal tradition" [Chapman v Luminis Pty Ltd (No 5) (21 August 2001):400]; in ethnographic studies, as with Diane Bell's seminal "Daughters of the Dreaming" (1983); by Aboriginal and Torres Strait Islander peoples themselves, as with the proposition the 'men never used to boss over the women', "We Are Bosses Ourselves" [Fay Gale (ed), 1983]; and through the affirmation of a heritage of matrilineage, as with Professor Larissa Behrendt.
2. The Mabo decision removed terra nullius for men but not for women because the High Court doesn't recognise a women's jurisdiction.
3. Equal rights governance rebadges the Senate a women's legislature with members elected by women and the House of Representatives a men's legislature with members elected by men, each with exactly the same powers to initiate, review, amend, accept or reject legislation enacted with passage through both.
4. A Cabinet of equal numbers of women, appointed by a majority of the women's legislature, and men, appointed by a majority of the men's legislature, reconciles the business of the Parliament and provides leadership.
5. Sovereignty resides with a Council of Governors-General comprising equal numbers of senior women and men.
6. The Courts recognise women's and men's jurisdictions.
7. There is no other remedy to reconcile Aboriginal and Torres Strait Islander peoples with the Constitution.
8. Equal rights governance offers all Australians a future free from discrimination, since if women and men achieve equality, all communities comprised of women and men achieve equality.
5 May, 2011
source

fear

It's a sad state of affairs when an indigenous person has to target fear to assert identity. Whatever happened to acceptance? What's acceptable about being indigenous certainly isn't fear. Fear does more to alienate indigenous peoples from the rightful ownership of their lands than anything else. It's a primitive form of communication which denotes a lack of social skills, a tactic characteristic of men which relies on the subjugation of women. What's attractive about being indigenous is respecting elders and recognising equality between women and men. Governance conducted by agreement between women's and men's legislatures presided over by a council of elders is acceptable to most Australians, apart from a shrivelling rump of men who continue to support discrimination against women. And it's the only genuine basis for a treaty.
21 April, 2011
source: comment #1 revised

oversight and inclusion

Men tend towards hierarchies, women towards networks, each influencing the other.
An imbalance of male power discriminates against diversity, an imbalance of female power lacks oversight.
A republic governed by agreement between women's and men's legislatures, courts and corporate committees combines inclusion with oversight in balance.
14 April, 2011
terra nullius

The Mabo case in the High Court overturned the doctrine of terra nullius for men.
A constitution with provision for a women's legislature would enable the High Court to overturn terra nullius for women.
source: comment revised
7 April, 2011
crown land

Crown land can only revert to the valid and irrefutable ownership of Aboriginal people when Australia’s constitution recognises a women’s legislature essential for genuine indigenous governance.
Provision for a women’s legislature would enable the negotiation of a treaty with the return of Crown land a likely outcome.
31 March, 2011
source: comment #3 revised
national close the gap day

On National Close the Gap Day it should be remembered the gap that needs to be closed to close all other gaps is the one between the indigenous tradition of equitable governance between women and men and the paternalism enshrined in the nation's constitution, which can only be accomplished with provision for a women's legislature.
24 March, 2011
source: comments
family violence

Family violence is about power and control. There wouldn't be a need for police intervention if women and men shared power equitably because there wouldn't be untoward family violence. A potential male offender would achieve nothing by seeking power and control over a woman who is not ultimately answerable to men, neither would a potential female offender seeking power and control over a man. Untoward same gender violence would be relieved of inspiration.
Power is derived from legislatures in modern democracies. The only way women and men can ever share power equitably is with governance conducted by agreement between women's and men's legislatures, courts and corporate committees.
It's a big ask but it makes sense, it's possible and the rewards are extraordinary.
17 March, 2011
brainwashed

One in three women experience violence during their life because the law disadvantages women. Australians are brainwashed into believing women and men have equal rights when by authority of the nation's constitution, the primary instrument of governance and source of all power, men control government, the courts and corporate enterprise inclusive of leadership, since women can simply be removed by rescinding laws men passed to empower women in the first place.
Men own Australia, women are their tenants and both suffer from the bewilderment which accompanies imbalance at cause of violence.
What can Australians do about it? The only way women and men will ever experience equal rights is with a republic governed by agreement between women's and men's legislatures, courts and corporate committees.
10 March, 2011
source: comments
racism

Racism, xenophobia, hostility towards refugees, migrants, Asians, Jews, Muslims or Aborigines as with the suspension of the Racial Discrimination Act 1975, or any other expression derived from a perception of the superiority of one group over another, is entirely the product of an imbalance of power between women and men, the primary constituents of community.
If women and men achieve equality all demographics comprised of women and men achieve equality.
A republic governed by agreement between women's and men's legislatures, courts and corporate committees eliminates racism.
3 March, 2011
win/win situation

The inclusion of Indigenous people in the development of policy and the design and delivery of programs into their communities requires at essence, the inclusion of Indigenous decision-making, conducted according to tradition equitably between women and men, the primary constituents of community, as acknowledged, for instance, by the Federal Court in the Hindmarsh Island bridge controversy as well as ethnographic studies, as with Diane Bell's seminal 'Daughters of the Dreaming' (1983) and by Indigenous peoples themselves with the view, for instance, that 'the men never used to boss over the women, the women were their own bosses' (circa 1980s), by agreement between women's and men's councils, judicial forums and corporate activities.
In contrast, Australia's Constitution enshrines by original intent never since amended, decision-making conducted exclusively by men's legislatures, courts and corporate committees to which women are admitted under supervision inclusive of leadership. That's the law.
Rather than keep pretending the two models may be merged, which overwhelmingly hasn't and doesn't work, or that the trenchant Indigenous regard for tradition may eventually be overcome to the loss of the entire nation, and given the Constitution's approach is outdated and anachronistic, the obvious and only solution to the development of policy and the design and delivery of programs into Indigenous communities is constitutional reform to provide for governance conducted by agreement between women's and men's legislatures, courts and corporate committees, presided over by a council of governors-general comprising equal numbers of women and men, since the incumbent monarchy does not and has never presided over a women's jurisdiction which would ensue from the provision of a women's legislature, that is, by natural consequence and by no means muddling the issues, an equal rights republic.
This approach offers a win/win situation to all Australians.
17 February, 2011
source: ABC Indigenous
why?

Australia's Constitution provides for the removal of all women from parliament by reason of their gender with simple majorities with state parliaments of the legislatures it enables suspending laws which enfranchised women in the first place, including the Prime Minister, half the state Premiers and if it is held a woman must vote to hold office, the Governor-General and three justices of the High Court.
Why would Indigenous Australians with a tradition of women as their own bosses, of matrilineage for instance, want recognition in a constitution which treats women as second-class citizens, without substantial reform to enable governance conducted by agreement between women's and men's legislatures, courts and corporate committees?
Surely, genuine recognition in the constitution of Indigenous peoples can only occur with provision for a women's legislature, which in itself would constitute recognition.

10 February, 2011
issues

Indigenous recognition in the Constitution means recognition of a women's jurisdiction consistent with tradition.
Since as a matter of law, the English monarchy does not and never has presided over a women's jurisdiction, as neither do electoral arrangements, the natural outcome of indigenous recognition in the Constitution is a republic governed by agreement between women's and men's legislatures, courts and corporate committees.
3 February, 2011
franchise

Sydney Morning Herald guest columnist Ian Freeman claims "Australia has had equal franchise since Federation", wrong.
Women can be removed from all federal and State electoral rolls and women members, including the Prime Minister and three of six State Premiers, evicted from all federal and State parliaments simply with majorities rescinding, or suspending as was the case with the Racial Discrimination Act 1975 during the Intervention which hardly anyone thought would ever happen, legislation which enfranchised women in the first place.
Men cannot be removed in the same way, or by original intent at all.
Because women and men are not the same and never will be the only way Australians will ever have equal franchise is with governance conducted by agreement between women's and men's legislatures, courts and corporate committees.
Once women and men achieve equality, all demographics comprised of women and men, including race, religion and socioeconomic status, achieve equality.
27 January, 2011
sovereignty

Sovereignty in an equal rights democracy transfers from the people to an elected parliament which appoints a council of governors-general comprising equal numbers of women and men, wherein sovereignty resides.
The council of governors-general is appointed by the parliament rather than elected by the people to avoid a conflict of interest over the people's choice.
20 April, 2011
uninterrupted

Have you ever tried to form an opinion amongst your colleagues with incessant interruption?
Women were admitted to parliament because a women's voice was considered a valuable contribution but men constantly interrupt as men are interrupted, the outcome is indecision.
Modern governance doesn't effectively manage economies, protect ecologies or resolve disputes anymore.
Only governance conducted by agreement between women's and men's legislatures, courts and corporate committees enables women's and men's opinions assembled uninterrupted.
13 January, 2011
imbalance

Every day an imbalance of male power in parliament promotes roller coaster economies, corroded ecologies and violence as the default solution to conflict resolution.
Governance conducted by agreement between women's and men's legislatures, courts and corporate committees promotes sustainable prosperity and peace in perpetuity.
6 January, 2011
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*Anne Moir & David Jessel: 'Brainsex - The Real Difference Between Men and Women'
[1989:5 Mandarin]

copyright brigitte unicorn and philip mckeon 2004-11