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Published on Webdiary - Founded and Inspired by Margo Kingston (/cms)

Entering the 'gap' between what's right and what's legal

By Bryan Law
Created 17/10/2005 - 07:40

Regular Webdiarist Bryan Law has been a nonviolence activist since 1980. After graduating from Griffith University with a Bachelors degree in the politics and history of contemporary East Asia, Bryan left his honours studies in 1989 to help organise the blockade of logging on the now World Heritage listed Fraser Island.

Bryan has spent around four months in Queensland prisons under Premier Bjelke Petersen for such dangerous crimes as "delivering an address without a permit".

A 51 year old family man, Bryan works driving taxis in Cairns and passionately supporting grass-roots social change, encouraging everyone to get powerful, live large and have a go at achieving what you want in life. He ran as a radical independent candidate for Mayor of Cairns in 2004 and received 3,665 primary votes (6.4%). Bryan's chief political group in Cairns is Peace by Peace [1].

Entering the 'gap' between what's right and what's legal

by Bryan Law

A few weeks ago I was invited to take part in a small, daggy affinity group action at the Pine Gap intelligence facility near Alice Springs. The invitation came from Jim Dowling, a Catholic Worker friend of mine for whom I have the most enormous respect. Jim has set an outstanding example of Christian love and charity that I cannot hope to match.

Along with the invitation came a few pages of eloquence from Father George Zabelka who, in August 1945 was the Catholic chaplain for the 509th Composite Group of the US Airforce on Tinian Island in the Pacific. He blessed the crews of the Enola Gay (Hiroshima) and Bok’s Car (Nagasaki) before they flew to drop the Atomic Bomb on Japanese civilians.

Father George gave a speech [2] to a Pax Christi conference at Notre Dame University in August 1985.

I worked with Martin Luther King Jr. during the civil rights struggle in Flint, Michigan. His example and words of nonviolent action, choosing love instead of hate, truth instead of lies, and nonviolence instead of violence stirred me deeply. This brought me face to face with pacifism – active nonviolent resistance to evil. I recall his words after he was jailed in Montgomery, and this blew my mind. He said, "Blood may flow in the streets of Montgomery before we gain our freedom, but it must be our blood that flows, and not that of the white man. We must not harm a single hair on the head of our white brothers."

I struggled. I argued. But yes, there it was on the Sermon on the Mount, very clear: ‘Love your enemies. Return good for evil.’ I went through a crisis of faith. Either accept what Christ said, as unpassable and silly as it may seem, or deny him completely.

For the last 1700 years the church has not only been making war respectable: it has been inducing people to believe it is an honourable profession. This is not true. We have been brainwashed. It is a lie.

A few days ago on this Webdiary Scott Parkin thread [3] Dr [4] Mark [5] Hayes [6] reminded me again of Dr King’s Letter from Birmingham Jail, which I read once more and contemplated. More about that below.

Pine Gap - what does it do

Pine Gap [7]is a ground receiving station for space-based intelligence gathering. [8] It’s the most strategically important US base in Australia and enjoys substantial secrecy and protection from Parliamentary oversight.

Indeed in 1999, when the Joint Standing Committee on Treaties [9]asked (twice) for a detailed briefing on Pine Gap, and an inspection of the facility, they were (twice) refused on the basis of “need to know”. Apparently our parliamentary representatives don’t “need to know” the operational nature of the facility they’re approving a treaty for. Report 26 of the Joint Standing Committee concerns Pine Gap, and Part 2 of that report details the government’s refusal to provide any visit, or any detailed information about the operation of this facility.

From what is known outside the official record [10], Pine Gap is a vital component of war-fighting in Iraq. It’s monitoring of radar, cell-phone, radio, and long-distance telephone communication enables it to provide targeting information [11]for US air and ground forces.

When the US launched it’s “shock and awe” bombardment of Iraq, information from Pine Gap pointed the missiles and “smart weapons” toward Iraqi military targets – towards air-defence radars, towards Iraqi missile silos, and towards command bunkers. Many thousands of civilians died in that initial phase of the Iraq war.

Now that the US is attacking “insurgents”, information from Pine Gap tracks and monitors telephone communications, identifying and tracking suspects and leading troops, missiles and bombs to the houses and neighbourhoods they live in. Many thousands of civilians continue to be killed as “collateral damage” in these campaigns.

If I asked any one of you “ought I shoot to death a family or group of families, or a child or group of children because their lives are inconvenient to me?” you wouldn’t hesitate in saying NO! If I said I was going to go ahead anyway, you would try to stop me, perhaps by intervening yourselves, but almost certainly by calling the authorities and asking them to act.

Yet Pine Gap is a base which has been used to slaughter thousands of families that got in the way of US and Australian foreign policy, who were inconveniently present in urban areas scheduled for saturation bombing, or who are even now in the wrong place when Coalition forces patrol the chaos of Iraq.

There are no authorities to call regarding Pine Gap. The Australian government and the US government support the massacres in Iraq. They use otherwise just laws (public order, trespass) to protect the operation of Pine Gap, to protect the machinery of war and injustice.

Beyond the “minor” war-crimes of tens of thousands of civilian dead in Iraq, Pine Gap is also a major component of the proposed missile defence shield [12], which the U.S. will use in its nuclear war-fighting doctrines, and which is indistinguishable from building a first strike capacity for actual use of nuclear weapons by the USA

Since the collapse of the Soviet Union, people in the west have liked to think that the threat of nuclear war has receded. This is true only when considering the global nuclear interchange threatened by competing superpowers.

Nuclear proliferation, however has proceeded apace since 1945, and nuclear weapons are present in Pakistan, India, China, North Korea (?), Israel, England, France, and Russia, as well as the USA which invented them. Iran is said to have an active development program. South Africa has disarmed. The first five states I mention are adjacent to active and intense political conflict in which the presence of nuclear weapons are an important tactical feature. In short, they may be used at any time.

In the event even of limited nuclear warfare, millions will die. It is just plain immoral for Australia to participate in alliances and programs that make nuclear warfare more likely.

Isn’t it funny that at a time when Australia MUST have a discussion about providing more uranium for the world’s nuclear fuel cycle and nuclear weapons proliferation, we are encouraged to ignore the presence on our soil of an insidious war-fighting base that is preparing even now to fight a nuclear war.

From 16 November this year the Australian government becomes entitled to give three years notice of termination of the Pine Gap treaty with the US, at any time. The goal of our affinity group at this important time is to build public awareness of the goals and operation of Pine Gap so that a future Australian government will terminate its lease at the earliest opportunity.

Pine Gap - a history of dissent

The first major protest against Pine Gap was a gathering of 700 women [13] on November 11 1983.

The Alice Springs News [14] tells about the “Karen Silkwoods” and their amazing protest (fourth article down). Perhaps the most amazing aspect of this protest is that it was supported indirectly [15] by twelve Labor women Parliamentarians, including then Minister for Education Senator Susan Ryan, in a telexed statement approved by PM Bob Hawke and Foreign Minister Bill Hayden.

In October 1987 some 300 people were arrested at a “Close the Gap” action organised by the Australian Anti-Bases Coalition [16]and the Alice Springs [17]Peace Group (near bottom of page).

These protests were aimed at publicising the nature of Pine Gap as a spy base (it had previously been promoted within Australia as a space research base), its links with nuclear weapons systems, and its role in nuclear war-fighting. They took place in the context of US deployment of cruise and Pershing missiles in western Europe, which created a mass popular peace movement around the world.

The next mass action at Pine Gap took place October 7-9 2002 [18], and was squarely aimed at the conventional war-fighting role of the base in the proposed war against Iraq. Around 400 people showed up with the usual vibrant displays of costumes and actions, and were met by an equal or larger number of police.

Instead of enjoying support from any element of the Labor Party, the only politicians present were from the Greens and Democrats.

This action continued the themes of nonviolence, national and international networking, and seeking closure of the base. Its new features were the effective use of the internet, and an abandonment of the technique of mass arrests. The 2002 action were subject to just 17 arrests and achieved considerable national coverage.

Civil disobedience?

Our little affinity group is expecting to undertake civil disobedience at Pine Gap. We believe that Pine Gap, and therefore the laws protecting it, is unjust in its operation.

We will break the minor law to pursue justice and the greater good.

In his Letter from Birmingham Jail [19] Martin Luther King, Jr says:

One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.

Many of you will ask “why must you practise civil disobedience? Isn’t it enough that we live in a democracy where we can change government policy through the ballot box?”

Dr King’s letter deals with the issue of waiting for negotiations which never come, or which are conducted in bad faith. Remember that Australian Parliamentarians from all parties have been denied essential information about the operation of Pine Gap. Our elected representatives are not allowed to know what the base does.

Secondly, Australians now (from November 16 2005) have an opportunity to terminate the electronic spying of Pine Gap, and end our complicity with the massacre of innocents it represents. Those following Christ are called upon to love our enemies. How can we accept the murder of innocents? How long do we accept the slaughter of innocents before rising up to say “enough!”.

I’ve been arrested many times for civil disobedience, and the only explanation I can offer for my actions is the dictate of my conscience. In the presence of injustice, how can I not act? I am not able to stand aside just because it’s difficult, or unpopular, or makes me look like a crank.

There’s some self- interest in it. If I allow injustice to thrive, I will inevitably become its victim. More importantly I’m 51 years old and I’ve learned what Dr King learned, and what Christ taught – that oppression disfigures and de-humanises both the oppressed and the oppressor.

I love humanity. I’ve seen enough of the wonder and power of human love and creativity to rejoice in the miracle of God’s creation. I know that love is the fertiliser for human growth, and that justice protects the flow of love while keeping down the weeds. I weep at the despair and injustice presently in the world, and I am called upon to act. How can I not?

Don’t get me wrong, I enjoy a remarkably good life with my beautiful, powerful wife and beloved son. I get to live in a lovely house, tend my garden, and work for justice in my local community. I get my share (probably more than my share) of consumer durables, and I love the modern electronics. If it weren’t for this rotten conscience I could stay here forever and enjoy a quiet life.

Instead I’ve accepted Jim’s invitation and look forward to two weeks or so of travelling in the Queensland/NT summer heat, of traipsing through hostile and forbidden desert, of being called names and criticised by folk who’d prefer to be left unchallenged, of being arrested, possibly beaten, and quite possibly being charged with sedition under the new terror laws which are expected to come into force before December this year. Hmmmm.

The only good thing I can think of is that as my son grows into a man I will be able to tell him what it is I’ve done to try and make his world a better place, and my conscience will be pleased.

We gather in Brisbane on November 28, leaving for Rockhampton on November 29, and spending November 30 in court, in solidarity with the 10 activists arrested at Shoalwater Bay in June this year for civil disobedience against Operation Talisman Sabre. [20]

Then we’ll stop for meetings and actions at Mackay, Townsville and Mt Isa before heading to Alice Springs around December 6 for a couple of days local liaison and preparation. One part will be speaking with US and Australian defence personnel who live off-base, a public action at the front gate of the base, and a smaller action by the affinity group at an appropriate time to inspect the base – even if we don’t get permission.

For Webdiary I will provide an on-line update and photographic record of our trip virtually as it happens.

I believe with all my heart that these are critical times. In front of us lies the choice between a militarist security state, and a liberal democracy. Parliament has failed us. Neither the ALP nor the Coalition will help us. It’s time to make a stand.


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