Human Rights - Australia leads the way
The Prime Minister of Australia, Kevin Rudd, has apologised for official attempts to suppress the identity of the indigenous Aboriginal people.
In effect, the Australian government, on behalf of the sovereign Parliament of Australia and government enforcement agencies, has apologised for the fact that power was abused to permit racial discrimination by the strict application of ‘the rule of law’, as in the case of Apartheid in South Africa, without consideration of the overriding human rights principal of ‘equality before the law’ as enshrined in Article 7 of the United Nations Universal Declaration of Human Rights of 1948.
In Britain, the sovereign Parliament of the United Kingdom, with a permanent majority representing the English national majority, continues to exercise ‘the rule of law’ to support official attempts of racial discrimination to suppress the identity of the indigenous Cornish national minority of Britain. The evidence begins with the fact that, over the past ten years the government of the United Kingdom, has, without reason, continuously refused to include the Cornish within the provisions of the Council of Europe’s Framework Convention for the Protection of National Minorities.
Unlike the vast majority of the constitutions of the World there is no legislative provision for ‘equality before the law’ in the United Kingdom. Furthermore, Article 13 of the European Convention of Human Rights, covering violations by persons acting in an official capacity, has been excluded from the Human Rights Act 1998.
Together, these omissions strengthen the observation made by JUSTICE in its proposals for “A British Bill of Rights” (page 29) that protection from discrimination is, at times, ineffective.
The ideal provision for the governed is to be found in the Constitution of the Constitutional Monarchy of Sweden at Chapter 1, Article 9.
“Courts, public authorities and others performing functions within the public administration shall observe in their work the equality of all persons before the law and shall maintain objectivity and impartiality”.
If the British Constitution were written, it would include:- “The Duke of Cornwall shall be the heir apparent. He shall have Cornwall as a Duchy and the right to control or intervene in proceedings affecting his rights, property or profits. Within Cornwall, He shall have the right to the King’s Writ and Summons of Exchequer, intestate estates, bona vacantia, foreshore, treasure trove, the stannaries, gold and silver and Tintagel Castle. The Duke and the Duchy of Cornwall shall have the right to a Trial at Bar, crown immunity from prosecution and exemption from the Land Registration, planning and Freedom of Information Acts”, etc. H.M. Treasury shall regulate as required by the Duchy of Cornwall Management Acts 1863-1982.