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Section 116 of the Australian Constitution:
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.


RELIGIOUS IMMUNITY IS UNFAIR

Humanists favor an open, democratic society, free of supernatural influences, as the best means of allowing both individuals and groups to reach their full potential.

A tax exemption on ceremonies where these are religious in nature discriminates against those persons who celebrate these services in non-religious ways.

The former President of Australian Humanists, Ray Dahlitz, was commenting on the Federal Treasurer's announcement that religious services would be exempt from the new Goods and Services Tax (Australia's version of a VAT, now being enacted for the first time).

`In contemporary Australia, increasing numbers of people are using a civil celebrant rather than a religious person for marriage, funeral and naming ceremonies.

`When one type of preferred ceremony is taxed, and another not, this is discriminative,' he said. `Preference "based on religion or belief" is contrary to two United Nations documents, the International Covenant on Civil and Religious Rights 1966 and the Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief 1981.

`Rights and freedoms in Australian society can be measured by how the terms of the quoted UN documents are manifest.

`The proposed tax also is clearly in conflict with Section 116 of the Australian Constitution and will certainly be the substance of legal challenge.

`The proposal is abhorrent for all those who ascribe to the extension of human rights and freedoms and who favor the separation of church and state.'

Dr Philip Nitschke - A Medical Hero

Dr Philip Nitschke was presented with the 1998 Australian Humanist of the Year Award by Anne Levy (the 1986 AHOY) on 4 April 1998 in Adelaide.

In presenting Dr Nitschke with the Award, Anne Levy, ex-parliamentarian and voluntary euthanasia activist, described him as `one of the medical heroes of this country'.

In reply, Dr Nitschke said that he was `overwhelmingly thrilled' to receive this Award and wished to thank the Australian Humanists.

In his address Dr Nitschke briefly covered some of the forces that had caused so much difficulty, had led to the current situation and the subsequent AHOY award. In particular, he cited how diligently the churches had worked to thwart the Northern Territory legislation.

To set the scene he referred to a film character, played by Jodie Foster, who had made contact with extra-terrestrial beings. When it was officially decided to send a mission to make contact, she applied, and was asked the key question, `Do you believe in God?'

Foster said that she honestly did not know, and so lost the chance for the mission. Dr Nitschke contrasted this poor career move by Jodie Foster with those of the three people who `ran amok' once Marshall Perron, then Chief Minister of the NT, announced his voluntary euthanasia legislation.

The first was Dr Chris Wake, President of the Northern Territory AMA, who claimed that there would not be a doctor in the NT prepared to make Perron's legislation work. This made Nitschke so angry that he collected the signatures of twenty supportive doctors and had them published.

Wake then announced that retrospective legal penalties would apply after the legislation was tested in the High Court. This declaration dissolved most medical support for Nitschke's stand. Wake, who claimed to be putting the case for medical reasons, was subsequently revealed as having deeply held religious beliefs.

The second opponent was a Uniting Church minister, Gininie Gondarra. He teamed up with Wake, arguing that Aborigines found that the legislation ignored their cultural interests and was offensive and racist. Rev. Gondarra further claimed that Aborigines were in fear and described the voluntary euthanasia legislation as `symbolic of a new age of sorcery'.

Nitschke was suspicious of the cultural interest argument, as he had worked within the Gurindgi people of central Australia, and had been impressed with how they involved dying people with the rest of the community activities.

Kevin Andrews, Liberal member for Menzies (Victoria) was the third person. He argued that the legislation was dangerous, and that the NT did not have the constitutional power to make such legislation. Andrews also described the NT Bill as racist, saying that `it will cause Aboriginal trust in Western medicine to falter'.

By the time the Andrews Bill to override the NT legislation was introduced into Federal Parliament, with the full backing of the Prime Minister, the new NT law had been used by four terminally ill people. Despite strong opposition it was starting to work effectively. Nitschke illustrated this with the example of a 70-year old Sydney woman dying of breast cancer, whose children had contacted him.

Even though she was receiving excellent palliative care this woman wished to choose the time and place of her death. Her doctors were quite nonplused, as they considered they had dealt with all her problems. Regardless of her doctor's views and accompanied by her children she flew to Darwin on a stretcher. After some delays, Nitschke helped this woman to the peaceful death she had requested.

At the time of the speedy passage of the Andrews Bill there were two terminally ill people, already qualified to use the NT Bill. Their dying wishes were denied by the failure of Parliament to grant them a specific exemption, as proposed by Senator Brown.

Nitschke contemplated how the career prospects of Wake, Gondarra and Andrews - three `believers' - had been affected by their actions opposing the NT Bill. Chris Wake was now busily privatising the Alice Springs Hospital casualty department and was also managing the medical services to the biggest private prison in Central Australia. The Uniting Church minister was still there and thriving. Kevin Andrews had been pre-selected without challenge for the safe Liberal seat of Menzies. In this he was aided by a strong endorsement from the Prime Minister, despite a poll showing that 75% of his electorate disagreed with his actions over voluntary euthanasia.

Nitschke said that `he still gets contacted at least once a week by people wishing assistance to die'. He described the situation as `back in the jungle - get help if you can get it'. He then added `it was just like the bad old days of abortion - if you had money and contacts you could get help, and it was usually the poor that had neither'.

Nitschke had decided that he would help people if he thought he would `get away with it' and spoke movingly of an 80-year old terminally ill woman whom he had recently assisted. It had meant midnight visits, parking around the corner, making a video of the woman requesting assistance and leaving a friend of the woman's to `clean up'. Nitschke concluded that `this sort of thing going on was a crime - obscene - an atrocity - in the words of Voltaire, `while people believe in absurdities, these are the types of atrocities that will persist'.

- Report by Rosslyn Ives

(Biographical Notes on Philip Nitschke:

Born and educated in Adelaide. Completed a first class honours degree in physics at Adelaide University before moving to Flinders University to study for a PhD. Moved to the NT, working first with Aboriginal communities, then later with the NT Department for the Environment. Returned as a mature age student to study medicine at Sydney University. Graduated in 1989 and since then has been practising in NT.

In 1993 he caused a stir when he publicly spoke of the inability of the Darwin Hospital to handle a civilian nuclear emergency. This was in the event of an accident when US nuclear-powered ships were berthed in Darwin. This `whistle blowing' incident resulted in Nitschke's contract not being renewed. In the meantime the Darwin Hospital completely reorganised its emergency procedures. After prolonged court battles he was vindicated and offered his job back.)


A Plea from Author Taslima Nasrin

This is a plea from Taslima Nasrin for international action to protect her from Muslim fundamentalists in Bangladesh. I met Taslima at the XIV Humanist Congress in Mexico City, two years ago. If any reader has any response, may I suggest that he or she e-mail me and I will forward it.

- Ray Dahlitz, former President, Australian Humanists


Dear Friends

I was desperate to see my mother who is dying.

Even though the government did not want me to go to Bangladesh, I went. Soon after my coming, the news broke that I had arrived. The religious fundamentalists immediately started their protests.

They are demanding my execution by hanging. More or less every day thousands are out in the streets, making demonstrations and processions against me. In the meantime an old case emerged which was filed four years ago for my book Nirbachito Columns, on the charge of hurting the religious feeling of the people.

The court issued an arrest warrant against me and ordered the seizing of my property. This case in non-bailable. I am in hiding now; if I am arrested I will be put in prison. If I still try to go to court for bail, nothing is safe for me.

On the 4 October 1998 the fundamentalists will block the Home Ministry and demand my death. They have already created a general strike in a city called Sylhet. The fundamentalists in Bangladesh have planned more future actions such as a long march and a nation-wide general strike to paralyse the whole country.

If the government fails to arrest and hang me, then the fundamentalists have declared that they must kill me.

So, in this desperate situation, being with my sick mother, I need protection. If the democratic governments of the world request the Bangladesh government to ensure my security, drop the case issued against me and will allow me to leave the country when I want in order to save my life, it would be a great comfort to me.

Thank you for your support and solidarity.

Taslima Nasrin


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This page was last updated on 22 March 1999