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Can libertarianism become a brand in Australia?

Dean Russell, a staff member at The Foundation for Economic Education (FEE), was the first to propose that America’s classical liberals and individualists rebrand themselves as “libertarians.” In an article published by FEE in 1955, Russell wrote: “Let those of us who love liberty trade-mark and reserve for our use the good and honourable word ‘libertarian.’” 

That good and honourable term was actually coined, or at least first used in print, by William Belsham in 1789. At that time, and until its political repurposing by Russell, it denoted a distinct philosophical school in the context of debates about free will. The opponents of philosophical libertarians then were necessitarians.

The context for Russell’s proposal was the perversion of the term “liberal” in the American political context at the hands of big government New Deal interventionists. This development led to the rather awkward, and unusual, situation of political opponents using exactly the same language to define themselves. The libertarian rebrand was, if nothing else, an admission of defeat: the term “liberal” had been irredeemably corrupted in the eyes of American liberals who identified with the tradition of nineteenth century liberalism and the principles of the American revolution. Yet, it proved to be wildly successful and is now in wide usage by America’s liberty lovers in all their diversity and eccentricity. Indeed, there now exists a robust “libertarian” ecosystem in America, replete with think tanks, academics, journalists, magazines, personalities, the odd celebrity and a political party to boot.

The truth is that the liberalism rebranded libertarianism in America, and only belatedly in Australia

However, this linguistic turn, which proved so successful in the American context, has struggled to find relevance and application in other contexts like Australia. Here, “liberal” has stubbornly retained its nineteenth century brand connotations, if not its genuine ideological content. Thanks to the dominance of the Liberal Party as the right-hand pole in Australia’s bipolar political contest, the term “liberal” continues to evoke in the minds of many political consumers something right of centre, as amorphous, incoherent and ill-defined as that may be. This brand phenomenon has served as a bulwark against the kind of leftward semantic evolution that the term “liberal” underwent in early twentieth century America. 

Moreover, the most ambitious among those who now embrace the term “conservative” to describe their political identity still find the Liberal Party of Australia to be the most conducive vehicle for political influence, notwithstanding pressures and temptations from Australia’s motley collection of right-wing populist minor parties. As such, Australia’s Liberal Party boasts an influential conservative wing, described routinely in left-friendly media outlets as the “hard right” or “far right.” This association of the term “conservative” with “liberal,” let alone “hard right” with “liberal,” is an association that simply does not exist in the American political market. It is a peculiar distinctive of the Australian political landscape, a quirk, as it were. It does, however, provide yet further explanation for why the term “liberal” has resisted its American descent into the semantics of liberal progressivism, at least in the minds of the public, and through them the political vernacular of Australia 

The term “liberal” had been irredeemably corrupted in the eyes of American liberals

The fact that Australia’s most successful libertarian party was founded under the name Liberal Democrats in 2001 and only changed its name to the Libertarian party in 2023 speaks volumes about the fortunes of the term “liberal” in Australia (there were legal reasons to change the name). It speaks, on the one hand, to the classical liberal connotations of the term in Australia of 2001, the golden age of Howard’s Broad Church, with its putative synthesis of Millian liberalism and Burkean conservativism. Its name change, on the other hand, in an era in which so-called “moderate” liberals in the Liberal Party stand for woke-lite social policy and a slightly less interventionist economic policy than the Australian Labor Party, signals the final severance of the conjunction “classical” and “liberal in the Australian context, more than 200 years after it arrived in the Australian continent with European settlement, and 68 years after a libertarian rebrand in America. 

The Liberal Party is now constituted by incompatible liberal progressives and conservatives, neither of whom show any real interest in advancing the classical liberal cause. While an uneasy truce prevails following the sectarian civil war of the immediate past, they now inhabit a rather unhappy marriage of convenience. They sleep in separate bedrooms, but stay together for the sake of the kids, in this case the chance at electoral success. Meanwhile, Australia’s classical liberals have deserted the Liberal Party and thrown in their lot with Australia’s radical liberals to embrace, albeit with some consternation and anxiety, the label “libertarian.”

The challenge confronting Australia’s nascent libertarian movement, now that it has finally parted ways with the term “liberal,” is to galvanise Australia’s small but passionate band of liberty lovers around a term that is foreign to the Australian political lexicon. More challenging still, there is the task of cultivating a libertarian constituency that prizes and prioritises individual freedom, property rights, unhampered markets, limited government and peaceful international relations in a country whose founding mythos and national identity are not centred around the concept of liberty, as they are in America. The truth is that the liberalism rebranded libertarianism in America, and only belatedly in Australia, are different species of the genus “liberalism,” each with their own distinct origins, political histories and intellectual development. All political ideologies face a temptation in the Australian context to simply ape and regurgitate the loud, exciting and flamboyant political ideas and innovations that inevitably flow downstream from America to Australia. This is a particular temptation for Australia’s right-wing heirs of the liberal tradition who have recently chosen to embrace the language of the much more highly developed and institutionalised ecosystem in America. If libertarianism is to have any future at all in Australia, it will need to take inspiration from the best that American libertarianism has to offer and adapt, refine and develop it for the unique socio-political environment of Australia. 

Reassessing Australian Judges’ Role in Hong Kong’s Court of Final Appeal (Part 2)

Introduction
In the previous part, I discussed the historical background and recent political developments in Hong Kong that have raised concerns about the role of Australian judges in Hong Kong’s Court of Final Appeal. This part will examine specific cases involving Australian judges to assess their contributions and the extent to which they have challenged the infringement of human rights in their judgments.

Judgments by Australian Justices
In the case of HKSAR v. Chow Hang Tung [2024] HKCFA 2, the appellant, Chow Hang Tung, a human rights lawyer, was convicted for inciting others to participate in an unauthorised assembly. This charge stemmed from her attempt to challenge the legality of a police prohibition on a public assembly intended to commemorate the anniversary of the June 4th massacre. 

Despite her efforts to appeal the prohibition, her conviction represents a significant setback for freedom of assembly in Hong Kong. Justice Gleeson’s role in this case was minimal yet consequential. He concurred with the judgment that upheld Chow’s conviction, rejecting Chow’s point of view, and agreeing with the majority’s decision that found Chow’s collateral and constitutional challenges to be without merit. Notably, Justice Gleeson did not offer any commentary, not even as obiter dictum, in support of Hong Kong’s freedom of assembly. This contributed to the affirmation of her conviction, highlighting the challenges faced by individuals seeking to exercise their right to assembly in Hong Kong’s increasingly constrained legal landscape.

The continued service of Australian judges in a Hong Kong court system increasingly manipulated to repress dissent under authoritarian rules

In the case of HKSAR v. Choy Yuk Ling [2023] HKCFA 12, the appellant, Choy Yuk Ling, a journalist, sought to uncover collusion between the Hong Kong police and criminal mobs in suppressing the civil rights of Hong Kongers through her investigative journalism. Despite the noble intentions behind her news report, she was punished with a minor offence by the police for allegedly making false statements in her application for vehicle registration details, leading to a costly 30-month legal battle that escalated from the lowest courts to the Court of Final Appeal. Ultimately, Choy achieved a rare victory in court, with her convictions being quashed. However, Justice Gummow’s contribution to the judgment was minimal, merely uttering seven words, “I agree with the judgment of J. Fok.” His lack of criticism, among other judges, towards the prosecution’s approach or the retaliatory actions of the Hong Kong Police is notable, as it suggests a silent endorsement of the status quo, leaving the broader implications of Choy’s case and the state of press freedom in Hong Kong unaddressed.

In the case of HKSAR v. Mak Wing Wa [2023] HKCFA 19, Mak Wing Wa was convicted of taking part in an unlawful assembly during a massive protest by Hong Kongers for freedom in 2019. The incident involved a large crowd gathering at Wong Tai Sin Square, with some individuals, including Mak, shining torches and laser pointers at police officers. The Court of Final Appeal held that Mak had participated in the unlawful assembly with intent, as he was aware of the prohibited conduct of others and joined in by using a torch against the police. 

The conviction and sentence were restored by the Court of Final Appeal. In this case, Justice Keane’s contribution to the judgment was minimal, as he simply concurred with the judgment of Mr. Justice Lam PJ. Furthermore, he chose to endorse the conviction without addressing the broader context of the peaceful protests or offering any sympathy towards the powerless protesters, who wielded nothing more than torches and laser pens against a violent crackdown by the police.

A journalist, sought to uncover collusion between the Hong Kong police and criminal mobs in suppressing the civil rights of Hong Kongers

In the case HKSAR v. Chan Chun Kit [2022] HKCFA 15, also known as the Zip Ties case, the appellant, Chan Chun Kit, was initially convicted for possessing 48 pieces of 6-inch plastic cable ties, deemed to be an instrument fit for unlawful purposes under section 17 of the Summary Offences Ordinance. This case is emblematic of the police crackdown on the 2019 mass protests for freedom in Hong Kong, where many young protesters commonly carried plastic cable ties to construct barricades as a defence against police tear gas and rubber bullets. 

Unexpectedly, The Court of Final Appeal overturned the conviction, ruling that the plastic cable ties did not fall within the scope of section 17. In this case, Justice Gleeson’s contribution to the judgment was minimal, as he merely concurred with other judges who focused on the technicalities of the law, without addressing the broader issue of the police’s abuse of power and arbitrary arrests of peaceful protesters. Furthermore, he did not challenge the prosecution’s reasoning, failing to question why plastic cable ties could be considered unlawful in the first place.

Conclusion
The approach of the three Australian judges in the above cases has been minimalist, focusing primarily on technicalities without addressing the broader context of the law being used as a tool for political repression. There has been no demonstration that their presence has helped maintain the independence of Hong Kong’s courts from political interference by the regime. Consequently, their involvement has failed to show any meaningful infusion of Western liberal or democratic values into the increasingly authoritarian environment in Hong Kong. It is important to note that these cases represent only minor political offences; more serious charges under the NSL, such as conspiracy to subvert state power and collusion with foreign elements, are entirely beyond the purview of Australian judges.

The continued service of Australian judges in a Hong Kong court system increasingly manipulated to repress dissent under authoritarian rules not only threatens the integrity of the Australian legal profession but also risks diminishing Australia’s standing within the international common law community. The departure of British judges from the Hong Kong Court of Final Appeal, due to their stance against endorsing an administration that strays from core values of political freedom and freedom of expression, underscores the growing international unease with the judicial environment in the region. 

This stark contrast between the British judges’ principled exit and the ongoing presence of Australian judges in the same system could significantly erode trust in the Australian judiciary, potentially transforming these distinguished legal figures into a source of national embarrassment. Given these circumstances, it is crucial for the Australian legal community to critically reassess its involvement

The Rule of Law is Being Ignored by Conservatives

The High Court recently ruled that:

if immigration detention is not a practical step towards a person being removed from the country, the detention amounts to punishment, and

governments can only mete out punishment if they are sentencing someone for a crime.

This ruling led to the release of around 140 people who were in immigration detention but not on a path to removal from the country.

Both the ruling and the release were positive developments.

The people in question could not be lawfully removed from Australia because Australian law: 

– requires another country to take them, and there was no country willing to do so,

– deems them to be subject to persecution overseas and hence deserving of protection here, or

– deems them to be physically or mentally unfit for removal.

These laws are decent and should remain. 

Some of the people in question have committed no crime. There is no justification for indefinitely detaining people like this, just as there is no justification for detaining citizens who are non-criminals.

The hysteria surrounding immigration detention is part of a long line of unfounded crime wave fears stoked by conservative politicians. 

Some of the people in question have committed crimes, but all of them have completed the sentences handed down for those crimes. There is no justification for continuing to detain people who have completed their sentences.

If you are found guilty of a crime, you are sentenced by a court that has all the evidence before it. Years later, a panel or tribunal considering post-sentence punishment will be inherently less informed about your crime than the original court, and may end up punishing you for things you are yet to do and may not do. The injustice of this is exacerbated if post-sentence punishments were not part of the law when you committed the crime.

In Western civilisation, a certain amount of surveillance and the availability of preliminary offences like conspiracy, aiding-and-abetting, and attempt, are balanced responses to the prospect of future crime. Preventative detention, continuing detention, curfews, and ankle bracelets are not.

The High Court ruling and the subsequent release of people from detention are in line with the rule of law, decency, justice, and the tradition of Western civilisation.  Despite this, conservative politicians have suggested the ruling and release were bad outcomes.

Liberal National politicians have suggested that the Labor Government should have maintained its long-standing lie to the courts that the people in question were on a path to removal from the country. 

These politicians have called for public reporting on the location of people who have been released from immigration detention (without corresponding calls relating to citizens released from prisons). 

They have also claimed that, under Labor, Australian women are at risk of being assaulted by foreign criminals.

That said, Labor’s approach has been far from enlightened. Labor argued against, and has since opposed, the High Court ruling.  Labor has also punished and imposed constraints on the people released from detention without doing anything similar to citizens with the same criminal history (or absence thereof).

Crime more generally

The hysteria surrounding immigration detention is part of a long line of unfounded crime wave fears stoked by conservative politicians. 

The High Court ruling and the subsequent release of people from detention are in line with the rule of law, decency, justice, and the tradition of Western civilisation.

The Liberal National Coalition has recently proposed that those who make social media posts depicting violence, drug offences, or property offences be hit with up to two years’ imprisonment plus a ban from social media. 

Conservative politicians regularly call for less bail, so that people are locked up despite not being convicted of a crime. They cite re-offending as a reason for more incarceration, when re-offending can just as readily serve as evidence of the failure of incarceration. They also justify calls for more police, based on claims that crime is out of control.

As it happens, crime rates in Australia are low and falling.

3.1 per cent of people older than 14 were victims of physical assault in 2008-09. In 2022-23 it was 1.7 per cent. 

Over the same period, the rate for robbery went from 0.6 per cent to 0.2 per cent.

3.3 per cent of households were victims of break-ins in 2008-09. In 2022-23 it was 1.8 per cent.

Over the same period, the rate for malicious property damage went from 11 per cent to 3.7 per cent. 

Regarding youth crime, in 2008-09 the rate of offending by those aged 10 to 17 was 3,186.8 per 100,000. In 2022-23 it was 1,847.3 per 100,000.

And with crime by people born overseas, such people make up 30 per cent of the population but only 17 per cent of the prison population. 

It is incumbent upon those who are liberally-minded to oppose arbitrary detention and punishment, fanciful claims of crime waves, and the conservatives who perpetuate such madness.

The Liberty Coalition is Finally (T)Here

In my first article, I discussed the disunity among the ‘freedom movement’ and the loosely aligned ‘freedom’ parties. This sparked further discussion, culminating in the beginning of a potential coalition for federal elections. While that seems to have fizzled out for now, political coalition-building and alliance-forming is gaining traction across the Pacific.

COLOARDO FOR LIBERTY

In the US state of Colorado, two unlikely bedfellows have decided that one-party Democratic rule over the State needs to end. The Colorado Libertarian Party and the Republican Party have brokered an historic agreement regarding local, state and congressional elections.

Without getting into the complexities of US electoral systems, the Libertarians have agreed not to run ‘spoiler candidates’ in many districts provided the Republicans nominate genuine “liberty-focused” candidates. Think more Ron Pauls and fewer Mitt Romneys.

This has attracted the ire of Democrat Governor Jared Polis. Following the announcement, Polis spent the next few days quoting Rothbard and Hayek, pretending to be a libertarian and obviously hoping Coloradans would have forgotten about his draconian Covid restrictions and subversive property tax increases.

Regardless of the political outcome of this alliance, the fact it has forced the establishment to compete on the principles of liberty is already a huge win.

BRINGING IT HOME

How a liberty coalition might operate in Australia has already been aptly outlined by none other than a former Senator. And unlike the US, Australia has the massive triple benefits of preferential voting, proportional voting and formal coalition tickets.

Preferential voting means there is no such thing as ‘spoiler candidates’ in our federal electoral system. Proportional voting, which is relevant in the Senate and most state-level upper houses, means the quotas required to get elected are far lower than those in the US. A formal coalition ticket is the mechanism used by the Liberal and National parties to run Senate candidates from both parties in a combined group.

party

Australia also does not have the same difficulties with ballot access for minor parties that are found in the US. In many congressional districts you will only be presented with Republican and Democrat candidates on the ballot, as they often team up to ensure few, if any, alternative candidates can even nominate.

EYES ON THE PRIZE

Of course, the Colorado announcement has not exactly gone down swimmingly with everyone. Libertarians, infamous for their hatred of each other above all else, are unsurprisingly splintered. Many are, understandably, quite hesitant about getting into bed with the ‘Diet Democrats’.

However, over time the benefits of this arrangement are becoming too hard to ignore. Principles are winning over partisanship, and now murmurs of Libertarian-Republican alliances are being heard across the US, with Minnesota apparently next in line.

The cultural shift is an even bigger win than any political outcome that might stem from this deal. The 2024 Colorado election has now turned into a referendum on who has the most libertarian values. Even more than that, liberty-minded members of both the GOP and Democrats now have the impetus to demand change within their respective parties.

The battle for liberty must be fought on all fronts, and requires the support of those working to change from within.

PRINCIPLES OVER PARTY

A lot can be learned from Colorado, and I hope others within the ‘freedom movement’ are watching this arrangement closely. Australia’s unique electoral system is the perfect opportunity to implement an even better alliance, without even needing to rely on a major party.

Not only does having the balance of power in the Senate and state upper houses provide an anchor of liberty, just as the Greens provide an anchor of socialism, but like the cultural influence from our friends in Colorado, it provides an impetus for others to begin discussing liberty in political party rooms, executive meetings and membership conferences – as well as around the dinner table.

And, as has happened in the Centennial State, perhaps all political candidates will soon be competing over who cares most about liberty.

Facing China with a Third Path: The Libertarian Road

Chinese Premier Li Qiang has just concluded a four-day visit to Australia, marking the highest-level visit in seven years and widely seen as a full restoration of Sino-Australian relations. Over the past few decades, Sino-Australian relations have experienced ups and downs, primarily reflecting two distinct paths: the friendly approach of the Labor Party and the adversarial stance of the Liberal Party.

The Labor Party’s Friendly Approach

The Labor Party has historically been more accommodating towards China, often fostering closer ties and cooperation. This affinity can be attributed to ideological and historical reasons. Former Prime Minister Paul Keating, for instance, is infamously known for his pro-China stance, often criticising Western countries for their adversarial policies towards China. Kevin Rudd, another former Labor Prime Minister, who can speak Mandarin, worked tirelessly to strengthen Sino-Australian ties during his tenure and beyond. Additionally, Victoria’s ex-Premier Dan Andrews bypassed the federal government to join China’s Belt and Road Initiative at the state level, highlighting the depth of this alignment.

China imposed tariffs and restrictions on Australian exports

This historical closeness is not just about political manoeuvring but is rooted in ideological similarities. Both parties emphasise social welfare, state intervention in the economy, and a collectivist approach to governance. These shared values have facilitated a more collaborative relationship between the Australian Labor Party and the Chinese Communist Party. Notably, several former Labor politicians have been implicated in scandals involving Chinese influence, reinforcing the perception of an inherent closeness between the two.

The Liberal Party’s Adversarial Stance

In contrast, the Liberal Party has often taken a more adversarial stance towards China. Under the leadership of Scott Morrison, Sino-Australian relations reached their lowest point, characterised by trade sanctions and diplomatic tensions. The Liberal government’s pushback against Chinese influence in Australian politics, its criticism of China’s human rights record, and its calls for an independent investigation into the origins of COVID-19 exacerbated tensions.

The economic consequences of this adversarial stance were significant. China imposed tariffs and restrictions on Australian exports, including wine, coal, and barley, causing substantial economic harm, while Australia imposed anti-dumping duties. This “enemy road” approach could be described as “killing a thousand enemies at the cost of eight hundred of our own.” While it aimed to curb Chinese influence, it also inflicted self-damage, undermining Australia’s economic interests and causing strain on key industries.

The Third Path: A Principle-Based Approach

While the first path seems shameless, the second path is also mindless. A third path, rooted in libertarian principles, might be more sensible and offer a principled and pragmatic alternative. This path advocates for free trade as an essential component of a free economy, emphasising mutual benefit rather than using trade as a political weapon.

The Labor Party has historically been more accommodating towards China

Libertarianism, influenced by the Austrian School of Economics, champions free markets, minimal government intervention, and individual liberty. As Mises put it, “The philosophy of protectionism is a philosophy of war,” while free trade, on the other hand, makes for peace. Rothbard argued in his Ethics of Liberty, “Economic sanctions are coercive measures that violate the principles of a free society. They harm innocent people and are ineffective in bringing about political change.” 

What’s more effective, in my opinion, is those unfree countries’ own policies. Authoritarian countries have often died because of themselves rather than external sanctions.

Recent years, marked by the COVID-19 pandemic, have highlighted the vulnerabilities of non-free economies, China in particular, which suffered due to restrictive economic and political policies. China’s growing centralised economic policies, ridiculously restrictive lockdown policies, anti-capitalism attitude, especially in the real estate market, and growing hostile international policies against a variety of countries, including Australia, have brought huge miseries which haven’t been seen for over three decades to the Chinese people.

In conclusion, while the Labor Party’s approach may appear overly accommodating and the Liberal Party’s stance overly confrontational, a libertarian path offers a balanced and principled alternative, which advocates for maintaining principled economic policies that prioritise free trade, not as a means of leverage but as a foundation for mutual benefit and economic growth. By embracing and always standing firmly on free trade, Australia can foster a relationship with China that is in the best interest of Australian businesses and the Australian people, while not compromising our independent sovereignty, democratic liberty, and economic freedom.

CFMEU Should NOT Exist in the First Place

In light of recent scandals surrounding the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), it is time to consider a more fundamental issue: the very existence of unions in modern society. Unions like the CFMEU are outdated organisations that do more harm than good to the people they claim to protect. From a libertarian perspective, unions disrupt voluntary employer-employee relationships, infringe on individual liberties, and perpetuate corruption and inefficiency. The existence of unions like the CFMEU is contrary to the principles of a free market and individual autonomy.

Libertarian economists and thinkers have extensively argued that unions are inherently coercive institutions that distort labour markets and undermine individual freedom. Essentially, unions are a political organisation rather than an economic organisation, aiming at controlling the labour market with coercive and political means, rather than through voluntary exchange and cooperation.

Distortion of Labour Markets

Fundamentally, unions disrupt the natural balance between employers and employees. Unions often demand higher wages and better working conditions than what the market can sustainably provide, which inevitably leads to inefficiencies and can drive businesses to reduce their workforce. As Murray Rothbard once stated, “unions cannot determine wage rates without putting companies out of business and causing unemployment.” The adversarial relationships unions create between employers and employees often lead to strikes, reduced productivity, and a hostile work environment. Employers are forced to comply with union demands or face the threat of collective action, which is economically damaging.

Without unions, the labour market would be more efficient, fair, and prosperous.

Infringement on Individual Liberty

Unions impose collective bargaining agreements on all workers, regardless of individual preferences. This coercive nature undermines the voluntary nature of employment contracts. One of the most fundamental arguments against unions is that they violate the very basic principle of freedom of association, as well as the freedom not to associate. In a free market, employment terms are negotiated based on mutual benefit. Employers offer wages and conditions that reflect the value of the work, and employees accept jobs that meet their needs and preferences. This voluntary exchange is the cornerstone of a free and prosperous society.

Perpetuation of Corruption and Inefficiency

The CFMEU scandal is just another recent prime example of how unions can become corrupt and self-serving. Instead of protecting workers, the CFMEU has been involved in criminal activities, kickback schemes, and internal conflicts that harm the very people they are supposed to help. This corruption is not an isolated incident but a symptom of the broader problem with unions. With power comes corruption. It is no surprise that unions become corrupt over time as that is part of their nature.

The Case for Abolishing Unions

Given all the fundamental problems with unions, the natural conclusion is that we should abolish them entirely. Without unions, the labour market would be more efficient, fair, and prosperous. Without unions, employers and employees would engage in direct negotiations, fostering a more cooperative and mutually beneficial relationship. Without unions, businesses would operate more efficiently, leading to greater innovation, job creation, and economic growth.

Unions like the CFMEU are outdated organisations that do more harm than good to the people they claim to protect.

Furthermore, the abolition of unions would protect individual freedoms. Workers would and should have the freedom to negotiate their terms of employment based on their unique needs and circumstances, without being forced into collective agreements that may not serve their interests. This would lead to a more diverse and dynamic labour market, where individuals are free to pursue opportunities that best align with their skills and personal situations.

Moreover, many industries with either very weak or nominal unions, such as hospitality, IT, and the gig economy, flourish due to less intervention from unions, resulting in a freer labour market. For example, the tech industry has seen tremendous growth and innovation partly because it is less burdened by union constraints, allowing for more flexible and dynamic employment practices. The gig economy, encompassing platforms like Uber, demonstrates how flexible work arrangements can be managed without the involvement or interference of unions. This, I believe, represents the future of employment, where every individual acts as their own boss, making the existence of unions unnecessary. These examples highlight how a freer labour market can lead to industry growth and innovation, benefiting both employers and employees.

Conclusion

In summary, unions like the CFMEU should have no place in a modern, free-market economy. They distort labour markets, infringe on individual liberties, and perpetuate corruption and inefficiency. From a libertarian perspective, the abolition of unions would lead to a more prosperous, fair, and free society. By allowing voluntary employer-employee relationships to flourish, we can create a more dynamic and innovative economy that benefits everyone.

What “Decolonisation” Really Looks Like

“Decolonisation” is the left’s One Big Idea. Hamas is showing us what it looks like in practice.

Greens deputy leader Mehreen Faruqi issued a rather telling tweet in response to the October 7 pogrom. When PM Anthony Albanese finally stirred himself to respond with a declaration of sympathy for Israel, Faruqi responded, “One colonial government supporting another, what a disgrace”.

Faruqi clearly regards both Australia and Israel as “colonisers”, confirming yet again Natasha Hausdorff’s observation that “pro-Palestine” idiots are too often “desperately ignorant, yet highly opinionated”. After all, how does the Pakistani-born Muslim Faruqi imagine that the Jews, whose indigenous heritage in Israel stretches back at least 7,000 years, are “colonisers”? And what does she have to say about the Palestinian Arabs whose ancestors violently displaced the Jewish indigenes after the Islamic empire conquered the region?

Well, no-one ever said that the green-left is the world’s brain’s trust. 

But the second, and more alarming, implication of Faruqi’s gibbering is shown by her incessant screeching of “Free Palestine”. Free from what? Her Twitter feed makes clear she means “colonisers”. 

“De-colonisation” has become one of the great monomanias of the Western left. Much of it fuelled, of course, by the descendants of the formerly colonised who’ve had unrestricted admission to the great institutions of the West, but can’t help but notice that even after more than half a century of being freed of the colonisers, their homelands are still mostly kleptocratic shitholes run by brutal nepotistic thugs. 

Far from being inspired by the dreaming spires to reach for similar greatness, the third world troglodytes’ only impulse is to smash it all. All in the name of “decolonising”, of course.

If you really want to get a glimpse of “de-colonisation” in full swing, take a look at the smoking, blood-spattered ruins of Kfar Aza, and the piles of corpses at the Supernova festival grounds.

Jews cannot suffer racism, the narrative goes, because they are regarded as “white” and “privileged”.

Don’t believe me? Ask the leftist supporters of Hamas’ atrocities.

Somali-American “writer” Najma Sharif, who hooted in response to the beheaded babies and burned-alive grandmothers of Kfar Aza, “What did y’all think decolonization meant? Vibes? Papers? Essays? Losers. ‘Not like this’ Then like what. Show us LOL.” 

Sharif is no fringe nutcase — she’s right at the epicentre of cultural clout in racially-reckoned America. She writes for TeenVogue and Instyle. Her tweet garnered 100,000 Likes, including from Washington Post columnist Karen Attiah.

The Democratic Socialists of America cheered Hamas’ slaughter at a New York rally. Leftism-central Jacobin lauded Hamas as “the violent face of Palestinian resistance” — with heavy approval loaded on the “violent part”.

Because violence is part and parcel of the “decolonisation” narrative.

It began with the “intellectual”, Frantz Fanon. Given the very best educational opportunities in France by the “colonisers”, Fanon chose to return their generosity with undying hate. In particular, he celebrated and endorsed anti-white violence, coining the favourite leftist phrase “by any means necessary”.

Today’s “de-colonisers” share Fanon’s taste for anti-white violence. A TV “documentary” on Toussaint’s slave rebellion in Haiti re-enacts the rape and brutal murders of white women with the sort of relish that D. W. Griffith exploited in The Birth of a Nation. Quentin Tarantino cucks himself shamelessly with an orgy of white slaughter in Django Unchained, like Homer Simpson hooting that his fellow whites are “so lame”.

The toxicity of the “de-colonisation” ideology is now clear, following October 7. An inverted version of the Nazis’ racial hierarchy collides with a historically nonsensical mix of Marxist theory, Soviet propaganda, and traditional anti-Semitism, thrown into the hateful blender of identity politics. What emerges is a dull-witted, violent leftist dogma of “oppressed” and “oppressors”. The argument is that it is almost impossible for the “oppressed” to be themselves racist, just as it is impossible for an “oppressor” to be the subject of racism.

This leftist analysis, with its hierarchy of oppressed identities and intimidating jargon, a clue to its lack of factual rigor, has in many parts of the academy and media replaced traditional leftist values, including internationalist standards of decency and respect for human life and the safety of innocent civilians. When this clumsy analysis collides with the realities of the Middle East, it loses all touch with historical facts.

Jews cannot suffer racism, the narrative goes, because they are regarded as “white” and “privileged”. They cannot be victims, no matter how many and how brutally they are actually victimised. In a modern version of Himmler’s “filing card” mentality, where Jews enroute to mass slaughter were reduced to mere numbers tattooed on arms, left-wing intellectuals have shamelessly debated whether 40 babies were dismembered or some smaller number merely had their throats cut or were burned alive. The same people who refuse to drink cow’s milk because of animal cruelty regard a baby’s murder and mutilation as somehow an acceptable act of “by any means necessary” revolution — just so long as they weren’t beheaded. Or at least, not too many.

“De-colonisation” has become one of the great monomanias of the Western left. Much of it fuelled, of course, by the descendants of the formerly colonised

I mean, it’s not as if the left don’t have standards.

The irony is that Israel was once the poster-child of the left. The worst atrocities were committed at Kibbutz Kfar Aza; the hundreds of concert-goers were massacred near Kibbutz Be’eri. These are communes that once represented an ideal for many Western progressives, a victory for communalism over capitalism, miniature socialised, green utopias. It was as much a received orthodoxy for the Left in the 1950s and 60s as “de-colonisation” is today.

What went wrong for the Jews, vis-a-vis the left?

Quite simply, the Jews won. Nothing gets a “de-colonisation” fanatic’s back up quite like somebody else’s success. Frantz Fanon ignored the long history of Africans conquering and enslaving each other, if not wiping each other out enmasse. It was when white folks did it that he got resentful. Edward Said, another “de-colonisation” intellectual poster-boy, studiously ignored Islam’s brutal record of genocidal conquest and enslavement, but the British empire really got his nose out of joint.

When Israel proved Adolf Hitler so wrong and became a testament to Jewish ability, as far as the left were concerned, it had joined the ranks of “oppressors”.

The left who endlessly squawk about “oppression of Palestinians” are as choosy as ever. They say nothing, for instance, about the brutal persecution of Palestinian refugees by their “brother” Arabs in Syria or Lebanon. They ignore the fact that Muslim Egypt has, and still does, steadfastly locked out neighbouring Palestinians.

The left said nothing when more than a million Muslims were slaughtered on the battlefields of the Iran-Iraq War of the 1980s. There were no open letters from lecturers about the half a ­million Iraqis killed by Saddam Hussein in the decade after. On the contrary, left-wing “progressives” staged some of the largest marches in history, determined to keep him in power.

But all that was, after all, a series of dog-fights between tribes of mutual brown losers. Without a handy skin-colour chart to tell them who the oppressed and oppressors were, the left simply dumped it all into the too-hard basket.

The Jews, though? Oh, that’s easy for a leftist. They’re oppressors, all the way. No wonder pumpkin-headed leftist poison-pinup Greta Thunberg strategically positioned a toy octopus in her “pro-Palestine” photo-op. The octopus is the age-old anti-Semitic metaphor: the Joos, with their tentacles controlling the world.

The Joos run everything, after all. So they’re the ultimate “oppressors”. Now, they’re being decolonised as bloodily as a leftist could ever hope for.

So, take note of the piles of corpses in Kfar Azar and Be’eri. That’s what’s coming for the rest of the West — just ask Hamas, who are adamant that eradicating the Jews is just the start of the “global intifada”.

What did y’all think “decolonisation” really meant, anyway?

The Coming Populist Revolt

Populism occurs when the masses revolt against the elites’ view of the world. Elite opinion does not often deal directly with popular opinion, that is, with the people who have to pay for elite opinion. When elites get it wrong, the masses revolt through the ballot; the Voice referendum being a good example. The question is, when is the next chance?

Currently, the elite consensus on issues like net zero, immigration and identity politics is so far removed from the reality of the masses that it is no wonder they are pushing back. The populist revolt, should it occur, will play out at three levels – international, national and personal.

International

Net zero is a preposterous notion. The world population is eight billion people. By 2050, it could be 10 billion people, a 25 per cent increase. These people will need energy. World energy consumption is 600 BTUs. By 2050, it could be 900 BTUs, a 50 per cent increase: more people, higher living standards, more energy. Electricity generation will rise mainly in the Asia-Pacific among developing nations. Renewables do not generally feature in developing countries’ energy mixes anywhere near developed nations’ proportions.

Women have gained formal and substantive equality in Australia.

Of 144 nations tracked for net zero, only 26 have placed in law their commitment to net zero by 2050 (or sooner). For example, the Maldives has pledged net zero by 2030 but it has no plan or accountability mechanism; it is pure hot air. Even Goody Two-Shoes Finland leaves out aviation and shipping and has plans but no mechanism for carbon removal. The US (2050), Russia (2060), China (2060), India (2070) and Brazil (2050) have a ‘policy document’, but nothing in law.

Australia has a plan written in law that is sure to kill the nation’s wealth. Industrial and economic mayhem, loss of reliable energy and higher energy prices will reduce living standards. Minister Bowen’s deployment targets are logistically impossible in the time frame.

Kenneth Schultz estimates a total cost of $1.4 trillion for the Coalition’s renewables-nuclear option. He estimates the cost for Labor’s renewables-battery option at $4.4 trillion, nine times the federal government’s total annual revenue.

National 

Migration in Europe and Australia is dangerous at levels that challenge national unity. Numbers count. If one million Palestinians settled in Australia in a short period, for example, the result would undermine Australian society. Palestinians would settle in a few suburbs and recreate a Palestinian society, i.e. one that recreates the hatred extant in Gaza and the West Bank.

Values also count. Australia would do well to distinguish migrants by the nature of their observance, which is apparent in the laws on marriage, succession, or rape in marriage among our key Islamic migrant source countries: Lebanon, Pakistan, Indonesia and Malaysia. A striking feature of those laws is that they distinguish the application of the law by religion. Religion first; the rule of law second. The question is how to distinguish this at an individual level. Classing people by source country is too crude and unfair, but not to distinguish people would be foolhardy. Why should Australia invite those unlikely to integrate or, worse, become an enemy?

Those who appreciate the benefits of the nation-state would support Prime Minister John Howard’s view that, ‘We will decide who comes to this country and the circumstances in which they come.’ Howard and the Australian electorate recognised that some people are not welcome as they are unlikely to fit in. In the long term, Australia will be much more Indian and Chinese. Of the three million permanent migrants who arrived in Australia since 2000, almost 450,000 were from India, and nearly 350,000 were from China. The assumption of integration must be reinforced.

The easy assumptions of integration post-World War II no longer hold. Since 2022, the Netherlands has required a substantial investment from a person applying for permanent residence before that privilege is granted. The civic integration requirements are set out in the Civic Integration Act 2021. The point of the Netherlands law is that applicants must be sufficiently integrated before they become permanent.

The populist revolt, should it occur, will play out at three levels – international, national and personal.

Personal

Women have gained formal and substantive equality in Australia. They are free to sing the praises of Palestine. Homosexuals are free to marry and raise children. But the trans lobby wants to abolish gender, which is dangerous to the mental health of trans people. Sex must be understood in evolutionary terms. There must be sperm and eggs for reproduction. Two women do not create a child, and two men do not create a child. They may care for them, and we wish them well. The proposition that sex is not binary, that it is socially determined, is dangerous, especially to those who find that they are not at ease with their sex and want to reassign their sex to suit their ‘gender’.

Anyone should be free to express themselves as male or female. But when sex is detached from reproduction, there are consequences. As Zachary Elliott argues in Binary: Debunking the Sex Spectrum Myth, ‘If we abandon sex as an important category in our society, how can we conduct safe and effective medical research and treatment; fight sex-based injustices; record accurate crime statistics; maintain fair, safe, and competitive sports categories; and implement equal opportunities for both sexes?’

There is a claim that almost two per cent of the population is intersex, neither male nor female. The numbers consist almost entirely of those who suffer developmental disorders, such as late-onset congenital adrenal hyperplasia. People with these conditions account for nearly all the males or females who do not appear to be one or the other. The disorders occur in nature and do not result in good health. They are not socially determined.

Populism in the service of correcting the madness of net zero, overplayed migration and undermined sexual identity are ground zero for the populist fightback. The masses await the right leader and the right policies. Populism? More please!

Gary Johns is Chairman of Close the Gap Research 

This article was first published in The Spectator.

Argentina Elected A Libertarian Leader, And It Could Happen Here

But it probably won’t.

Argentinians recently voted in Javier Milei to be their President.

Milei has good policies, and he will probably be able to implement a good chunk of them.

This is not just good for Argentinians, it is good news for us. Having a libertarian doing libertarian things in Argentina will bolster the credibility of libertarian policies and parties in Australia.

But we shouldn’t get carried away. Milei will not be able to implement all of his policy wish list, and not all of his policies are good.  And the circumstances of Milei’s election won’t be repeated in Australia any time soon.

Milei has good policies.
Milei’s party has an exemplary, wide-ranging, libertarian platform promoting both social and economic freedoms. Milei did not appear to walk away from any of this platform in his campaign.  

The campaign naturally focussed on economics, given Argentina’s current crisis.  In his campaigning Milei skilfully educated voters on why a libertarian prescription on monetary, fiscal, and regulatory policy is the way to go.  

The lack of judicial independence has severely eroded limits on government

Milei is likely to be able to implement some of his policies.
The formal powers of the Argentinian President are similar to those of the US President, with appointment, veto, and decree powers.

Unlike US Presidents, Argentinian Presidents are in the habit of regularly introducing a budget, so Milei will be better placed to cut government spending than an American President.

Milei will bolster the credibility of libertarian parties in Australia.
We can now point to a libertarian in power in a country with more than 45 million people.

We now have a great counter-point to claims that libertarianism is irrelevant.

Australian libertarians seeking election will be able to say that if libertarians can be elected, and if libertarian policies can be implemented in Argentina, then the same can happen in Australia.

But not all of Milei’s policies are good.
Milei stoked and tapped into anti-woke sentiment, including through supportive references to America’s Trump and Brazil’s Bolsonaro.

This is a problem if it translates into the implementation of illiberal policies, or concentrating on issues of wokeness at the expense of more crucial reform, or if it means Milei has the same regard for the law as Trump and Bolsonaro.

Having a libertarian doing libertarian things in Argentina will bolster the credibility of libertarian policies and parties in Australia.

That said, Milei’s comments cleverly tapped into anti-woke sentiment without committing to do anything illiberal. After all, there’s nothing illiberal about abolishing a Women’s Ministry. So there might be nothing to worry about on this score.

A more clearly disappointing campaign tactic was Milei’s opposition to legalising euthanasia.

But this tactic may well have been a smart move. A large proportion of Argentinians claim to be Catholic, and the Catholic Church is staunchly anti-euthanasia. Argentinian politics, even for presidential elections, involves considerable coalition building, with Milei’s party working with Argentina’s Faith Party. Milei also faced significant criticism from the Church for wanting to slash welfare, so perhaps it was best to concentrate the attack on the Church at its weakest point.

Milei will not be able to implement all of his policy wish-list.
Milei’s alliance of parties will have 38 of the 257 seats in the lower house of the national parliament, and 7 of the 72 seats in the upper house.

Argentina is a federal country, and there is next to no libertarian presence at Argentina’s provincial level.

Many of the circumstances of Milei’s election will not be replicated in Australia.
It seems that Milei was elected because both the traditional left-wing grouping (who were in government) and the traditional right-wing grouping (who were in opposition) were unusually splintered and unpopular. Both groupings also lacked a charismatic leader, with both the incumbent President and Vice President not contesting the election. Such conditions could occur in Australia.


But the main reason Milei was elected was Argentina’s economic malaise. Argentina currently has one of the highest inflation rates in the world, and its economy is shrinking. The latest assessment of Freedom House is damning:

“Aggravated by corruption and political interference, the lack of judicial independence has severely eroded limits on government. Leftist spending measures and price controls distort markets, and government interference still hobbles the financial sector. Fading confidence in the government’s determination to promote or even sustain open markets has discouraged entrepreneurship.”

Freedom House’s assessment of Australia is glowing in comparison.

So Argentina needs a libertarian leader more than Australia does, and hopefully more than Australia ever will.
Milei’s election does not presage a global wave of libertarianism, but it is still great news, not just for Argentinians, but for Australians too. Let’s watch and learn.

China 2024 and Beyond: A Troubled Future

My recent discussions on Liberty Itch have painted a picture of China’s landscape as a prison-like surveillance-intensive system, and as a no-privacy technology-driven cashless society. In this article, I want to further explore the future of China as we look towards 2024 and beyond. I will examine the implications of China’s expanding surveillance state, the tightening grip of authoritarian power, the simmering economic challenges, and the looming demographic crisis.

A Safe Prison

In China, particularly within its major cities where surveillance cameras are omnipresent, the situation resembles a vast yet secure prison. Proponents may argue that it ensures unparalleled safety, but high security is also a characteristic of prisons, largely due to extensive surveillance, with only a few exceptions like Jeffrey Epstein.

Beyond what I discussed in my previous article, emerging technologies are being used by the government to further erode any remaining privacy. A recent example I heard from a friend is a discreet device, easily overlooked, capable of extracting comprehensive information from your phone within a short range. Although not widely deployed yet, the potential of such technology is horrifying. While the most secure phone option in China is an overseas iPhone, these have been banned by all government bodies and affiliated organisations – a decision aimed at facilitating surveillance under the guise of patriotism.

 The youth unemployment rate in China reached new highs each month in 2023

A Loyal Empire

Xi Jinping’s regime is imposing a concentration of power unprecedented since Mao’s era. This communist empire demands not just loyalty, but absolute allegiance from its members. Figures like the recently deceased former Premier Li Keqiang, known for their more liberal stances on society and the economy, have been conspicuously absent from the new cabinet for a year.

With the aid of AI and new technology, examining loyalty to the supreme leader has become easier. In various government bodies and affiliated institutions, such as banks and universities, advanced AI-embedded cameras are being employed to analyse people’s facial reactions. These sophisticated systems scrutinise subtle changes in lips, noses, chins, eyes, and eyebrows to infer individuals’ emotions – admiration, confusion, indifference, or even dissent. The leap from mere “facial recognition” to “mind reading” is deeply troubling.

A Growth Mirage

China’s economy is facing severe challenges. Despite optimistic forecasts for a robust recovery following China’s post-COVID reopening at the end of 2022, the reality in 2023 has been starkly different.

Stock Market: In contrast to the significant gains in global share markets in 2023, with the US up by 24.2%, the Eurozone by 15.7%, and Australia by 7.8%, China’s stock market has seen a decline, down by 11.4%.

Property Market: The real estate sector, once a cornerstone of China’s economic growth, has seen a decline of 20-30% across most major cities. In cities like Shanghai, luxury properties have seen even steeper declines of 30-40%. This downturn is more pronounced in smaller cities experiencing a net population outflow. Additionally, a report in August 2023 indicated that the vacancy rate in 28 major cities was at 12%. (For comparison, Australia’s vacancy rate was recorded at 1.02% in October 2023.)

Local Government Debts: Local governments need to repay a record US$651 billion in bonds in 2024. The deep property slump is reducing their ability to generate income from land sales, which is a crucial revenue source. The slowdown in the broader economy has also affected their tax revenue. Growing concerns about potential defaults could trigger a widespread economic crisis.

Spending: Although people are still showing off with travelling photos on popular Chinese social media platforms, overall spending has reduced significantly, leading to the phenomenon termed “selfie travel.” A friend, whose business has suffered a significant downturn, satirically remarked, “I used to shop at Hermes, but now I shop at Uniqlo.”

With the aid of AI and new technology, examining loyalty to the supreme leader has become easier.

Youth Unemployment: The youth unemployment rate in China reached new highs each month in 2023, leading to the government’s decision to cease publishing the data. The last official youth unemployment rate was over 20%. This trend is attributed to a slowing economy and a mismatch between graduates’ skills and job market demands, as well as their expectations and “lying flat” attitudes, which pose serious implications for social and political unrest.

Baby Boom Bust

China’s future is increasingly influenced by a significant demographic issue: its declining birth rate. In early 2023, China experienced its first decline in birth rates in 60 years, a trend that only intensified as the year progressed. Despite policy shifts from the One-Child to the Two-Child and later the Three-Child policies, young families remain reluctant to have more children. This trend, along with minimal population growth, threatens to strain social security systems, potentially leading to a critical tipping point.

Conclusion

While numerous factors, such as potential war with Taiwan and evolving political and economic relations with Western countries, play a role in shaping China’s future, the areas discussed here are particularly significant. The increasing reliance on surveillance, a heightened emphasis on ideological conformity, and a declining population, point towards significant difficulties ahead. Though Xi Jinping, persistently criticised for lacking the capability to advance China’s progress, remains the unchallenged supreme leader, China is in urgent need of a new Deng Xiaoping—a true reformist—to take the country back onto the right track.

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