Sunday Territorian

PETER KURTI

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Australian citizens by creating a new category of “non-citizen non-alien”.

According to the justices, this new species of non-citizen non-alien now enjoys special protection­s – not just under the law, but under the Australian Constituti­on.

Every new Australian citizen calling this country home makes a formal commitment to uphold the rights and responsibi­lities that go with being a citizen.

It’s a proud moment.

And enjoying equal protection under the law is one of those important rights enjoyed by all Australian citizens. We look to parliament to uphold those rights and to protect us.

In a liberal democracy, civil society, in which members of the community are held in common bonds of belonging, is only as strong as the institutio­ns supporting those bonds.

We must retain confidence in our parliament, police, and courts because together they are the guarantors of the equal status before the law which is a privilege of citizenshi­p.

But now the High Court has ruled that rights are quite separate from citizenshi­p and that they extend to those who have never had any intention of becoming citizens at all.

In this bizarre ruling, un

“The court is effectivel­y restrictin­g the exercise of the rule of law”

communicat­e with us except via letter.

Her first letter arrived this week. Three pages of A4 full of excitement and news. I read it four times in as many minutes, her manner of writing the letter “a” as familiar to me as the couple of freckles on her body.

She sounded exhausted. But happy. Grown up but not completely so.

And I realised, my mothelecte­d and unaccounta­ble judges have made an effective change to the Constituti­on and the meaning of citizenshi­p without regard to the wishes of parliament.

The court is effectivel­y restrictin­g the exercise of the rule of law with no regard to the wishes of citizens who elected members of parliament.

And by detaching rights from citizenshi­p and conferring them on non-citizens, the court has diminished what it means to be an Australian citizen.

This erosion of citizenshi­p, and a disregard for the wishes of the community, threaten not only to weaken the bonds of civil society but to divide the country along the lines of race. ering is not over and never will be.

My daughter will seek my advice and turn to me all her days because I have raised her as my mum raised me: to know that she is always there, full of love and willing to listen.

What a precious 20 years these have been. My little bird may have left the nest but what a tremendous privilege it is to watch her soar.

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