10 Matching Annotations
  1. Last 7 days
    1. A former union boss jailed over receiving a coal exploration licence from his friend, former NSW Labor minister Ian Macdonald, was an "entrepreneur" who found a "willing buyer" in the disgraced politician, a court has heard.

      This is a flawed proposition and both misleading and deceptive in relation to the subject matter, considering its prominence in a court media report of proceedings which largely centre on the propriety or otherwise of an approvals process.

      Using a market analogy mischaracterises the process involved in seeking and gaining approval for a proposal based on an innovative occupational health and safety concept.

      In this case, the Minister was the appropriate authority under the relevant NSW laws.

      And while Mr Maitland could indeed be described as a "entrepreneur", the phrase "willing buyer" taken literally in the context of the process to which he was constrained, could contaminate the reader's perception of the process as transactional or necessitating exchange of funds a conventional buyer and seller relationship.

      Based on evidence already tendered in open court, it's already known Mr Maitland sought both legal advice on the applicable process as well as guidance by officials and other representatives with whom he necessarily engaged.

      But the concept of finding a "willing buyer", taken literally at it's most extreme, could suggest Mr Maitland was presented with multiple approvals processes and to ultimately reach his goal, engaged in a market force-style comparative assessment of the conditions attached to each of these processes to ultimately decide on which approvals process to pursue.

      Plainly, this was not the case. Mr Maitland had sought advice on the process and proceeded accordingly.

      The only exception that could exist in relation to the availability of alternative processes could be a situation silimilar to the handling of unsolicited proposals by former Premier Barry O'Farrell over casino licenses which were not constrained by any of the regular transparency-related requirements including community engagement, notification or competitive tender.

      Again, this situation does not and could not apply to the process applicable to Mr Maitland's proposal.

      The misleading concepts introduced from the outset in this article also represent an aggravating feature of the injustice to which Mr Maitland has been subjected.

      To be found criminally culpable in a matter involving actions undertaken in an honest belief they were required in a process for which Mr Maitland both sought advice process and then at no stage was told anything that would suggest his understanding of the process was incorrect, contradicts fundamental principles of natural justice.

  2. Sep 2019
    1. he group has become self-described “dignity scholars” who have studied the notions and criteria of dignity in landmark legal cases. In doing so, R2L has used Hypothesis as their “human rights tool” to examine legal evidence and build an argument for legislative change.

      Hypothes.is as a human rights tool! awesome!

  3. May 2019
    1. Problems stemming from artisanal mining include disruption of families, mining-related illnesses, environmental damage, child labor, prostitution and rape.

      problems

  4. Jan 2018
    1. Climate science details the threats that climate change poses to the livelihoods and well-being of present and future human generations and ecosystems, while policy approaches increasingly recognize the growing social risks of climate-change-driven vulnerabilities. 8

      This is interesting!

  5. Nov 2017
    1. On5July2012,theUNHumanRightsCouncilalsoadoptedaresolutiononthepromotion,protection,andenjoymentofhumanrightsontheInternet,affirmingthathumanrightsapplytobothonlineandofflineactivities.

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  6. Sep 2017
  7. Jun 2017
    1. his expert group sends to companies are 'taken very seriously' by both States and businesses. As such they can be key channels for human rights defenders to leverage the UN experts to contribute to their protection, and help respond to situations where human rights defenders are stigmatised, criminalised, attacked or killed. 
  8. Jul 2015
    1. national security initiatives are solely needed in order to tighten stability

      Funny how he feels a need to sell this point to his own staff

    2. For “activists working for no-profit organizations … directing their efforts towards small, possibly foreign, technology companies is easy; directing their efforts toward local agencies is hard and risky,” he wrote. “I have a question for you all: PLEASE NAME a single really ‘democratic’ country, a country which does not violate anybody’s rights and has a TOTALLY clean human rights record.”
    3. The company has long denied any implication in human rights abuses, regularly pointing reporters to a policy on its website that says it only sells to governments, investigates allegations of human rights abuses and complies with international blacklists.