Upholding Justice and Humanity: A Call for Proportionate Citizenship Laws
In the face of evolving global threats and the complexity of modern justice, the Law Council of Australia's recent advice to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) marks a significant moment for our legal and democratic frameworks. The Law Council's stance that citizenship deprivation should be reserved for the most extraordinary cases is a beacon of reason and humanity in the often turbulent waters of national security policy.
The recent reforms to citizenship laws, moving decision-making powers to the judiciary, represent a positive shift towards ensuring that such grave measures are rooted in necessity, proportionality, and evidence. This change underscores our commitment to justice, upholding the principles upon which our democracy is founded, and ensuring that punishment is meted out fairly and justly, with an eye towards rehabilitation and the well-being of society at large.
Citizenship, a fundamental right, carries with it a sense of identity and belonging. To strip someone of their citizenship is to alter their very place in the world, potentially leading to statelessness, deportation, or indefinite detention. Such actions should not be taken lightly, nor without the rigorous scrutiny of an independent judiciary. The Law Council's emphasis on this process being reserved for instances where individuals are convicted of serious offences by competent courts is a reminder of the weight such decisions carry.
Moreover, the call to exempt children under 18 from citizenship deprivation and to apply these measures only in cases of serious crimes, with sentences of six years or more, reflects a balanced approach to justice. It recognises the need for security but insists on compassion and proportionality, ensuring that the punishment fits the crime without unnecessarily tearing at the fabric of our communal life.
The critique of retrospective application of citizenship repudiation laws further highlights the importance of fairness and justice. Laws that apply retroactively can undermine the principles of legal certainty and fairness, essential components of the rule of law.
As professionals, policymakers, and citizens, it is incumbent upon us to engage with these discussions, to ensure our security policies reflect not only the need to protect but also to do so in a manner that is just, humane, and reflective of the values we hold dear. The Law Council of Australia's recommendations offer a roadmap for achieving these aims, balancing the imperatives of national security with the rights and dignities of individuals.
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For more insights on the Law Council's recommendations and the full submission to the PJCIS, see their article below.
Citizenship deprivation must only occur in exceptional circumstances where an individual has been convicted of a serious offence by an independent, impartial and competent court, the Law Council advised the Parliamentary Joint Committee on Intelligence and Security (PJCIS) today.
“While recent reforms to citizenship deprivation laws represent an improvement on the previous framework by vesting decision-making powers in the judiciary as opposed to the executive, we must still ensure these laws are necessary, proportionate and supported by evidence,” Law Council of Australia President, Mr Greg McIntyre SC said.
Appearing before the PJCIS as part of its Review of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023, the Law Council argued that citizenship deprivation challenges key political and legal principles on which our democracy was founded.
“Removing a person’s citizenship is a very serious response with very serious consequences, including potential deportation or detention, and the risk of rendering a person stateless—these provisions should have been subject to careful consideration prior to passage,” Mr McIntyre said.
Read full media release here: https://lnkd.in/gKKPivE9
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