24 August 2023

Respected human rights lawyer says courage too costly in Australia

| Dione David
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Profile picture of human rights lawyer Kieran Pender

Human rights lawyer Kieran Pender will deliver his “Whistleblowing, transparency and democracy” talk at the TEDxCanberra flagship event in October. Photo: Human Rights Law Centre.

We’re living in times that call for increased accountability and transparency from those in power, and more must be done to insulate people who bring wrongdoing to light, according to a leading human rights lawyer.

Senior lawyer in the Democratic Freedoms team at the Human Rights Law Centre Kieran Pender works to protect Australia’s whistleblowers, fight secrecy, defend free speech and prevent mass surveillance.

He says multiple factors have coalesced, and the time is ripe for Australians to demand measures that foster integrity within our systems.

“Robodebt was a great example of the importance of accountability and transparency,” he says.

“There were people who knew and spoke up. If they had been listened to, this unethical and unlawful government program might’ve been nipped in the bud. Instead we’ve had billions of dollars in costs to the government and immense hardship for the people involved.

“Add to that ongoing scandals with PWC and KPMG and it feels like there’s a bit of reckoning happening, calling for more integrity and transparency at all levels.”

READ ALSO Whistleblower laws under scrutiny after being tested in court – and failing

Kieran, who has spent years working with whistleblowers in Australia and overseas, says more systems and structures will help, but one major missing part of the equation is better protection for whistleblowers.

“We’re in an era at the moment where there’s increased recognition of the importance of truth, integrity and accountability in government and a growing awareness of a need for change to our transparency laws,” he says.

“There has been some movement. In just the last few months there was the launch of the anti-corruption commission and recently, the prosecution against Bernard Collaery was been dropped. But in Australia whistleblowers are still being persecuted, not protected and that needs to change.”

Kieran will explore the topic at TEDxCanberra’s flagship event “Beyond” on 7 October in his “Whistleblowing, transparency and democracy” talk.

Whistleblowing is a phenomenon as old as society itself with evidence of it found in ancient Greek history, but in Australia, dedicated laws seeking to protect whistleblowers have only recently come into play. Unfortunately they’re not effective enough, Kieran says.

While the government has begun its journey to better protect whistleblowers with the first phase of laws in June, he is calling for better laws and institutional structures to protect whistleblowers, such as an official authority. And he says we need to get a move on.

“At heart this is all very simple: it’s about the truth. From when we were five we get told to tell the truth, even if it’s unpleasant, even if it’s difficult. Democracy is built on a shared understanding of the truth, and we need the truth to win out,” Kieran says.

“When we look at examples like David McBride and how his whistleblowing against wrongdoing in Afghanistan by Australian soldiers played out – that kind of prosecution has a chilling effect on others who might speak up.”

READ ALSO Human rights policy getting a parliamentary review, with the possibility of a national act

The “Whistleblowing, transparency and democracy” talk is for anyone who believes in a fair, accountable and transparent Australia and is interested in solutions – but its relevance arguably extends beyond that, to everyone.

“What almost every whistleblower I’ve ever met has said to me is they didn’t set out to become a whistleblower. Nobody thinks of themselves as a whistleblower. They’re just regular people doing what they think is right,” Kieran says.

“Sometimes when the label is attached to them it has negative flow-on effects. That’s why I do this work.

“Nobody knows what’ll confront them at work today, tomorrow or next month. Anyone could become a whistleblower but we hear so much about wrongdoing and the people who could’ve spoken up, and didn’t … so how do we make courage less costly?”

Kieran will deliver “Whistleblowing, transparency and democracy” on Saturday 7 October at TEDxCanberra’s annual flagship event “Beyond” at Canberra Theatre Centre. Book here.

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If they really wanted to the Australian Government could get Julian out of the UK. Either through diplomacy with the US or by clandestine means. They obviously just simply don’t want to. So in other words, don’t risk your life by raising your head over the parapet, either at home or overseas. No Australian government of any colour will support you – makes you feel great to be an Aussie doesn’t it!!

@harken
Yeah right … seems like a few Aussies need to get a grip on reality

If our government believed in supporting whistleblowers, Julian Assange would not still be incarcerated. Clearly, there are other agendas that are considered more important than transparency. Surely no-one is surprised, except the most naive.

@psycho
Your point would be valid if it was actually true, psycho.

The Australian government has not ever incarcerated Julian Assange. He is an Australian citizen, but is being held in Britain, where he is battling extradition to the United States to face charges that the US government has brought against him.

Several MPs including Minister for Foreign Affairs, Penny Wong, have called for the US to end its pursuit of Assange, stating that representations had been made on behalf of Assange in public and private but there were limits on what could be done until his legal proceedings in the UK concluded.

There’s only so much the Australian government can do when a citizen is charged with offences overseas by another government.

Perhaps you are the naive one here.

JS said: “Several MPs including Minister for Foreign Affairs, Penny Wong” There’s your problem – the mouse that roared

@Futureproof
I don’t have a problem at all, FP … you seem to be the one with partisan political blinkers

@ JustSaying – I never suggested he was incarcerated by Australia. I know who he is, where he is & his history. You have completely missed the point. The Australian government could have done much more over the years including more recently in negotiating with the US, but instead they’ve just followed the US. Our current politicians claim they’ve made representations but clearly they’ve not worked too hard at it. This is not Russia or China, but the US who are supposed to be our friends and allies. We are just expected to trot along behind them, accepting the crumbs they throw. Assange did not commit a crime, yet he’s being treated worse than those Americans who did.

@psycho
” Assange did not commit a crime …”
Well that’s not true according to US authorities, which is why he is incarcerated pending the outcome of the extradition proceedings in the UK.
You are certainly entitled to your opinion on his guilt or innocence, but this, and the previous) government respects each country’s sovereignity and is using diplomatic channels to seek a resolution for this Australian citizen. Whether or not they are doing, or have done, enough, is debatable.
Nevertheless, whether you like it or not, the US has every right to pursue its legal recourse. While the presumption of innocence is paramount, it’s a presumption not an absolute because Assange’s supporters say so.
As for Russia or China? If they were involved, you’d have to wonder if Assange may not have suffered an unfortunate fatal outcome.

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