***"John Howard's position lacks consistency. We are unconcerned when the 
death penalty is applied to non-Australian citizens. Yet it is an act of 
barbarism when it is applied to Australians. Now, the death penalty is 
either right or wrong. It can't be right or wrong according to the 
citizenship of the person. There is a moral and political decision for 
Australia to take and, so far, we are trying to ignore it."

***Semua politikus adalah uler 2 kepala, bedanya kalau WNI dan ex WNI yang 
menetap di luar negeri, bisa mengerti tindak tanduk politikus si bule, 
tetapi mengutuk tindak tanduk serupa yang dilakukan presiden dan menteri2 
RI...

Morals in the mirror

November 26, 2005
THE longer it continues, the more the outcry from Australia over Nguyen 
Tuong Van's death sentence will be seen by Asians for what it is - an 
exercise in hypocrisy and inconsistency by Australia not deserving to be 
taken seriously. This is not to deny the obligation on the Howard 
Government, our political leaders, our media and Van's lawyers to try to 
save the young man's life.

It is not to deny the inhumanity and injustice of the decision. But it is 
past time for Australians to reflect on the consequences of their position 
and try to comprehend how others perceive them.

Every nation in Southeast Asia has the death penalty. Every nation except 
The Philippines practises the death penalty. China executes many people each 
year. Singapore in per capita terms is the world's main capital punishment 
nation. It has executed about 400 people over the past dozen years. 
Australia lives in a region of the world where the death penalty is a 
judicial reality, a situation unlikely to change. It is absurd to pretend 
that Australia hasn't been aware of such realities.

Australia's values are different from Asia's in that sense; this country 
opposes the death penalty within its own jurisdiction. But Australia has 
accepted the death penalty in the region for decades. Our position is 
different to that of the European Union. We don't campaign against the death 
penalty. We don't launch protests. We don't raise the issue in multilateral 
forums or in bilateral meetings or in regional gatherings. We don't tell 
Asian nations that their relations with Australia will be compromised by the 
death penalty.

Perhaps we should have done these things, but we haven't. Successive Labor 
and Coalition governments have taken a national interest decision that the 
death penalty should not threaten our ties in the region. This is known and 
understood by every government in Asia. Indeed, on critical occasions 
Australia has supported the death penalty. John Howard, significantly, 
supported the death penalty decision by an Indonesian court against the Bali 
bomber, Amrozi.

On August 7, 2003, Howard said of Amrozi's death penalty: "The Indonesian 
court has applied it and I accept that. I respect the jurisdiction of the 
Indonesian court and I do not intend to make any representations that it not 
be carried out. If it's the view of the Indonesian court that it be carried 
out, then it should be carried out. These crimes were committed in Indonesia 
and the law of that country must prevail."

The next day, August 8, Howard told 3AW's Neil Mitchell: "And I find it 
extraordinary that anybody can use the word 'barbarism' in relation to this 
man. I just find that extraordinary."

Howard sympathised with the Australians who had lost family members in the 
Bali bombing. "I have met a lot of these people," he said. "I remember how 
they felt. And I just try to put myself in their position."

When Australians face execution in Asia it is a different story. Not 
surprisingly, we care more about our own, a human and a nationalistic 
reaction. In 1986 Bob Hawke labelled as "barbaric" Malayasia's execution of 
two Australians on drug charges, and its prime minister, Mahathir Mohamed, 
used this line against Australia for years: we were the nation that saw 
Malaysia as barbaric.

The Howard Government's policy, therefore, seems as follows: as a general 
rule we see the death penalty as a nation's own decision; when Asian 
terrorists who kill Australians are sentenced to death we support the 
decision; when Australians are sentenced to death we ask for clemency; and, 
as a general rule, we oppose any bilateral policy retaliation in support of 
our appeal for clemency.

This is a typical Howard policy, based on pragmatism, inconsistency, 
national interest and a shunning of abstract principle. It is the sort of 
policy that lawyers, moralists and human rights activists repudiate. It also 
reveals the difficulty for Australia of handling the death penalty issue in 
the region. How should the policy be changed?

University of Melbourne Asian Law Centre director, Tim Lindsey, highlights 
the dilemma. "This issue is not going away," he says. "Just wait for the 
sentences on the Bali nine. I would be absolutely astounded if some of them 
did not get the death penalty. Australia is going to have to decide where it 
stands on this issue.

"John Howard's position lacks consistency. We are unconcerned when the death 
penalty is applied to non-Australian citizens. Yet it is an act of barbarism 
when it is applied to Australians. Now, the death penalty is either right or 
wrong. It can't be right or wrong according to the citizenship of the 
person. There is a moral and political decision for Australia to take and, 
so far, we are trying to ignore it."

Every Asian government would be aware of Australia's hypocrisy. Australians 
should also be aware of how we look from the region. Is it any wonder that 
our representations are rejected? Howard's approach, however, is founded on 
two realities, public opinion and the national interest. Just consider them.

In August 2003, Newspoll found that Australians supported the death penalty 
for the Bali bombers by 57 per cent to 33 per cent. Only one-third of the 
community opposed execution. Another poll the same month found that 
Australians favoured the death penalty by 56 per cent to 36 per cent for 
acts of terrorism and that 38 per cent were strongly in favour. Given that 
more Australians will probably be killed by terrorists in future these 
results are unlikely to weaken.

The point is that public support does not exist in Australia for a sustained 
and consistent opposition to all forms of capital punishment in Asia. Howard 
knows this. Public opinion is like Howard's policy, inconsistent and 
equivocal, and it varies depending on the victim.

The national interest imperative is about how far Australia should push its 
clemency claims. The retaliatory action Australia can take against countries 
such as Singapore and Indonesia is almost limitless.

Where do you begin when bilateral ties are so substantial? The options 
include political retaliation, trade or investment sanctions, reductions in 
economic co-operation, reductions in security, military and police links. 
Does Australia cut back its security ties with Singapore and Indonesia - 
designed to track down terrorists trying to kill Australians - in order to 
admonish these nations for their capital punishment policies?

Beyond the emotionalism of the moment, there would be little sustained 
public support for such bilateral retaliation. Of course, there is a further 
problem: it would be unlikely to have any impact whatsoever.

The Howard Government has formed the bedrock conclusion that Singapore will 
not change its mind and that nothing can save Van's life short of what 
Alexander Downer calls a miracle. That doesn't exempt the Government from 
making further efforts. But Howard and Downer want to bring expectations 
into line with reality.

This execution is Singapore's responsibility. It is the responsibility of 
neither Australia nor the Howard Government. The issue of whether Australia 
changes its policy needs to be reassessed but there is no easy solution to 
these moral and political complexities.

http://www.theaustralian.news.com.au/common/story_page/0,5744,17364089%255E12250,00.html




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