My Love For You Endures...
Members from opposing parties debated an issue, spoke with passion and clarity, then voted. Were that all there was to this Bill, it would still be a triumph of Democracy, one many parliaments, including our own, can learn from. Yet this Bill was regarding Marriage Equality; not all members voted to accept the amendment, however there were no ridiculous contrarian, pseudo-religious, pretentiously ignorant swipes taken by either side. Rather, the Bill was voted on, and once passed, members burst into a traditional love song.
Take a bow, New Zealand.
"...my love for you endures, and remains forever more..."
Heart...
Yours, so small, belied their true strength.
Ours, so battered and bruised, wounded again by a loss so great.
Mine, will never forget yours.
Sleep well, dear hearts. Your strength endures.
Ours, so battered and bruised, wounded again by a loss so great.
Mine, will never forget yours.
Sleep well, dear hearts. Your strength endures.
Rodrigue and I had finished our first day together training the Kammengo kids, and we were exhausted. The Sun had turned the tilted concrete court into a baking pan, and our feet and our heads had melted just a little throughout the course of the day. I'm sure the black Big Bangs shirts added somewhat to the heat. We hadn't thought far enough to even consider what we would be eating that night, which is not altogether surprising for us, as we seem to get caught up in the rush of every camp, no matter where we are.
As we sat on the plastic chairs in the courtyard, a tall, black, short-haired woman walks in through a side door, strides over to where we're sitting, and announces that dinner is ready... some women seem so perfect for motherhood, and dear Agnes was a mother to all she encountered.
Fresh avocado, pineapple, even sweet bananas, all were laid out for us. Like the doting mother she was, Agnes made sure we both had our full share, and continued to do so for the entire week we were there.
In our brief time among the kids of Kammengo, we heard, saw and felt the love Agnes had for all of us, kids, volunteers, helpers, even random strangers who would stop by the center. Rod and I became quite attached to Agnes; the way to a man's heart is through is stomach, after all.
Our family today mourns a loss so great, so painful.
Rest In Peace, dear Agnes.
Go Get Em
The deep quotes being shared on facebook and instagram are wonderful, yet I can't help but wonder how much happier and fulfilled people would be if they LIVED the messages rather than just "shared" them... Sieze this beautiful day, don't let all those meaningful messages cultivated through centuries of combined human experience and knowledge go to waste...
You have an undisputed duty to yourself, to be who you want to be, to go after your dreams and goals and conquer all obstacles in your way.
All corniness aside, there are NO limits to what you can do and achieve.
Go Get 'Em.
You have an undisputed duty to yourself, to be who you want to be, to go after your dreams and goals and conquer all obstacles in your way.
All corniness aside, there are NO limits to what you can do and achieve.
Go Get 'Em.
Justice...
There is an
assumption in the study and discourse of law that justice is a central tenant
of what we consider the framework of our legal system to be. Yet there are multitudes of examples which
highlight how far at times justice and the law may be; in Australia, this
discussion seemed to rise to its peak in Mabo
(No 2[1]),
and continues to this day.
Mabo is widely
considered the seminal case regarding the nature of property law in Australia. As a nation with a unique history of
occupation and development, Australia’s judicial system has had to come to
grips with what is a recurring point of contention in respect to the nature and
purpose of Courts; is the judicial system bound to “aligning the law with an
alternative body of established authority”, or is it required to create new law
rather than simply adhere to the “shape and internal consistency[2]”
of the existing law?[3].
It is precisely this dichotomy between the Courts serving as
law makers or law upholders which delves into the question as to whether the
Courts can and should be held to account for any past injustices or false
assumption on which current law is built.
While some argue the Mabo decision
is one of “regret over the terms of the past relationship with Indigenous
peoples[4]”,
I would strongly argue that the nature of the case itself is the ongoing
question, unresolvable to an extent until the executive addresses the issue
more thoroughly, of the role, scope and purpose of our judicial system.
The Skeleton Principle
"In discharging its duty to declare the common law of
Australia, this Court is not free to adopt rules that accord with contemporary
notions of justice and human rights if their adoption would fracture the
skeleton of principle which gives the body of our law its shape and internal consistency.
Australian law is not only the
historical successor of, but is an organic development from, the law of
England. Although our law is the
prisoner of its history, it is not now bound by decisions of courts in the
hierarchy of an Empire then concerned with the development of its colonies.[5]"
Justice Brennan’s description of the skeleton principle was
at the time a significant statement regarding the constraints, or rather lack
thereof, of Law where it sought to address injustice while maintaining the
balance and direction of all previous decisions and opinions. While granting that the original premise on
which property law was based in this country stemmed from an erroneous
declaration, he nevertheless opined that the “skeleton of principle” of
Australian law did not disallow change or require adherence and deference to
the power of sovereign, rather that what could be considered new principles, so
long as they were consistent with historical foundations and the purpose of
law, which is to provide judgments which are ‘legal’ and thereby impacts which
are ‘just’; “The law requires a link to the past, whereas justice requires an
imaginative, empathetic, reinvention of the rule to meet the present
circumstances”[6]. It is important to note that Brennan J was
quite clear that the common law accord “with contemporary notions of justice
and human rights.[7]”
This relationship with so-called skeletal principles was
further espoused to have the ability to be "modified to bring it into
conformity with contemporary notions of justice, but it cannot be destroyed"[8]. It is at this stage that the possibility of
distance between the law and justice is addressed directly. The court held that when a principle
“seriously offends” contemporary notions of justice, it must be questioned and
overturned, unless and only unless “the disturbance would be disproportionate
to the benefit flowing from the overturning"[9]
should the rule be maintained.
These findings provide a significant platform upon which
further decisions can be made in relation to similar issues, such as the
doctrine of tenure, however while Mabo began the groundwork, it is apparent
that much more discussion and debate in the judicial system to solidify the
principle of the Courts’ ability to bring together both established law and
justice.
Of course, this is not to say that there has been no
discussion along these lines. The court
found in Wik that “there may be an explicit change of direction, where, in the
perception of appellate courts, a previously understood principle of the common
law has become ill adapted to modern circumstances.” The Justices also found that the legal
principles "should no longer be
supported… In those cases, the perceived
reason for change stems from alterations in the legal system itself.[10]”
Indeed, Justice McHugh went so far as to argue for the need
for judicial law-making, particularly where existing principles require
addressing to reflect changing “political and ethical ideas[11]”.
His Honour further found: “Acts of judicial law making have been known to set
in motion a continuing process of reform. Even where the legislature deems the
judicial solution inadequate, the process of reform has been initiated. A
creative judiciary, therefore, has a contribution to make to democracy.[12]”
Mabo - justice and human rights
As a whole, the significance of Mabo is not limited to the
granting of Native Title. Perhaps more
importantly, it has signaled the tangible reality that the judicial system is
not a soulless process created to uphold laws regardless of the development of
the society around it. In fact, the
Justices in Mabo argued quite the opposite; that where laws reflect the values
of society, it is necessary to take the development of the society around it as
a central consideration of how decisions can bring ‘law’ and justice more closely
together; “It is imperative in today’s world that the common law should neither
be nor be seen to eb frozen in an age of racial discrimination[13]”.
As the most prominent move towards justice for the
Aboriginal people, Mabo is a foundation laid not only with firm footholds, but
with a blueprint for the construction of a home replete with justice for the fictions
and social injustices thrust upon Aboriginals since first settlement. It remains up to the judiciary, the executive
and society at large to demand that continued progress be a priority for all.
[1] Mabo
v Queensland (No 2) [1992] HCA 23.
[2]
Ibid at [28] (Brennan J).
[3] Robert
Van Kreiken, "from Milirrpum to Mabo: the High Court, terra nullius and
moral entrepreneurship" (2000) 23 NSWLJ 63-77.
[4] Jeremy
Webber, "The Jurisprudence of Regret: The Search for Standards of Justice
in Mabo" (1995) 17 Sydney Law Review 5.
[5] Mabo
v Queensland (No 2) [1992] HCA 23.
[6] Jacques
Derrida, "Force of Law: The 'Mystical Foundations of Authority" in
Rosenfeld and Carlson (eds) Deconstruction and the Possibility of Justice
(Routledge, New York, 1992) at 14.
[7] Mabo
v Queensland (No 2) [1992] HCA 23 at 29.
[8]
Ibid at 30.
[9]
Ibid.
[10] Wik Peoples v Queensland (1996) 187 CLR
1, per Gummow J at 179-180.
[11] McHugh,
'Judicial Method' (1999) 73 Australian Law Journal 37.
[12] McHugh,
"The Law-Making Function of the Judicial Process - Part II" (1998) 62
ALJ 116, at 124.
[13] Mabo
v Queensland (No 2) [1992] HCA 23 at 40.
2 Wolves...
The Cherokee tell their kids about a battle that goes on inside
people.
They talk of the “2 Wolves”.
One is Evil.
It is anger, envy, jealousy, sorrow,
regret , greed, arrogance,
self-pity, guilt, resentment, inferiority, lies, false pride, superiority, and
ego.
The other is Good.
It is joy, peace , love, hope, serenity,
humility, kindness, benevolence, empathy, generosity, truth, compassion
and faith.
The kids invariably ask which one wins.
The kids invariably ask which one wins.
The Cherokee who told me the story said the answer is simple.
“The one you feed.”
I've seen this story making the rounds recently. Feels strange yet serendipitous that it would be something I have had 1st hand experience with.
I've always identified with wolves. Their parallel dichotomy of being both pack animals and fiercely independent... or alone, depending on your point of view, of course.
My grandmother once told me the story of my Father and the Wolves.
When he was around 7 or 8, he disappeared for a day. Having to walk through Norway's wintery forests for a couple hours each way to and from school, it wasn't unusual for him to be home late, however one day he just didn't return. My grandfather rounded up the community and off they went to look for him. Through the night they walked, until early the next morning, they found him sitting under a tree. Neither scared nor cold, when asked what on earth he was doing, he replied calmly that he needed to think.
Around my father, and around the tree, were wolf tracks.
The story, as told to me, says that having come across this boy meditating under a tree, the wolves took it upon themselves to make sure he would be warm and safe in the night, and therefore sat beside him, took turns around the tree to ward off other predators, and eventually walked away as they heard my Grandfather coming.
In the decades that have passed others from my Norwegian clan have recounted this story to me, and knowing what I do of my Father, both in terms of his "being" and the way animals always responded to him, it's difficult to NOT believe in the story...
If my Father's totem was the Wolf, then by birth I adopted that same Totem, and have lived so much of my life mindful of that fact.
Which wolf I then feed becomes so much more difficult...
Virgil once said that it never troubles the wolf how many the sheep may be. If not arrogance, ego and superiority, what then does that sentence give light to?
My greatest achievements have come through feeding both Wolves. I wish I could say they have been entirely selfless and humble and without ego, but that wouldn't be truthful. Too often people equate great intentions, kindness and benevolence to weakness. That is a tragic fallacy, something too many along the path have made.
There are Wolves within us, perhaps some more than others.
In spirit, as in life, one would be wise to stay mindful of the Wolves.
Notebook Pages...
Excerpts from Uganda...
...
First stop, Dubai; it’s
a huge airport, with one of the highest turnovers of passengers per day. I took the opportunity to stock up on hand
sanitizer, an absolute necessity when travelling to a developing country, and
managed to avoid temptation by not indulging in Pinkberry. You may know of it, it’s an LA-based frozen
yoghurt store. I managed to find a nice,
cheap pair of sunglasses, however I promptly lost them in the boarding area of
the flight, along with a ham sandwich and a Gatorade. You know what else I forgot to bring to
Uganda? Malaria pills (they’re probably
on the guest bed), protein bars and flip flops.
Not that I have flip flops. The
pills are taken care of now, I desperately need shades though. The protein bars are needed, but there’s such
a wonderful abundance of bananas and avocados and papaya and pineapple, so I’m
ok in that department for now.
I was picked up at the airport by Rod and one of Jimmy’s
friends. We managed to navigate the
crazy traffic to a store so I could pick up a phone card. Those few moments I managed to speak to my wife in Australia cost $20USD. It’s ridiculous that it
still costs that much to call overseas from here.
The drive to the centre reminded me so much of
Bangladesh. Same traffic, same vendors
lining the roads, same lack of adherence to road rules, same kinds of smells
wafting in the open windows.
The place we’re in is a little difficult to describe, so please
excuse my potential failure. There’s a
main structure, which is similar to what you may have seen in any kung-fu or
ancient Chinese movie. I must apologise
already for the reference, I just don’t know if you have any point of reference
for what I’m trying to describe. Ok so
there’s a square structure, with a main door at the front and 1 on each
side. It’s not wholly covered by a roof,
in fact the middle of it is completely open to the sky, so you’re really
looking at an enclosed area rather than a house. At the very back there are 2 rooms, one of
which is storage and the other which Rod, myself and Jimmy, the guy who runs
this place, sleep.
As the structure is set on an incline, there is a “floor”
downstairs, although really a more accurate way to describe it is that there
are 2 rooms and a bigger “class room” downstairs. The 2 rooms are for female guests, as this
place takes on medical volunteers once or twice a year, and the classroom is
where the computers, internet and storage for the stuff we bring is.
The kids are housed just across from us, in a small, 1 room
house. Not all the kids mind you, just
the ones who are orphans. Most of the
kids that use this facility are from the village surrounding us.
The basketball court itself is far better than it was
originally described, although I suppose the descriptions were so poor that
there’s nowhere to go but up. It’s a
sloping, small, awkward little court, with a 10-foot rim on one end and an
11-foot rim on an angle on the other.
There’s a wall right behind one of the rims, as in literally 2 cms
behind the rim. It makes for interesting
fast-breaks.
When I arrived last night, there were quite a few
pharmaceutical student volunteers still here, however they left this
morning. Rod and I took the opportunity
to shoot around a little, which was one the most incredible experiences I’ve
ever had; early morning, sounds of animals all around, the smells of the jungle
filling our noses…
After an hour or so I went off for a walk. Red dirt roads, lush greenery, basic, simple
houses dotted along the paths, cows interspersed between banana trees, wild
pigs fighting for space, chickens and roosters clucking and cooing along the
way… what an experience.
Training started at 9am.
We went till 12pm, when the sun was really starting to beat down. At that point Jimmy’s mom brought out lunch… you would not believe how amazing it was; potatoes, baked bananas,
avocado and tomato and pineapple.
Awesome.
After lunch Rod and I went through everything we had brought
the kids; the shoes, jerseys, shirts, wristbands, basketball, tagging, counting
and sorting them so that we’d be ready to hand them out later in the week.
We then went to a school nearby to check out the curt the
guys here had made. It’s really just a
mud clearing with 2 tiny hoops. We’ll
have to fix that at some point.
By this stage we were exhausted, so Rod and I took a quick
nap. Ok it lasted a couple hours, don’t
judge me.
We started up again around 430pm, with something like 20
boys and 12 girls, which is a lot for the small court that’s here. We went for 3 hours, and since then we’ve
been walking around the village seeing how the kids live and what their
sleeping conditions are like. It’s the
stereotypical developing country; small houses, no electricity if at all, small
battery lamps which may be just enough for a tiny table on which the kids do
their homework. The streets are pitch
black but for the small lights and flames coming from the multitude of little
shops lining the main street.
There’s a carnival in town; really it’s 2 rides. Scariest rides I’ve ever seen; you know the
one where it’s like a giant swing for a couple dozen people? This one was held up by the flimsiest, most
patched together group of wires ever.
Scary.
Music. There is music
everywhere. Reggae, dancehall, RnB,
African jams… it’s coming out of every store and bar we pass. Yes, there are dozens of small bars here.
I better get going; it’s time for my malaria pills, which
are wrecking my stomach, and I only have a limited time to use the water in the
shower before it gets ice cold again.
...
Today was certainly an interesting one. We were informed upon waking in the morning
that the kids’ report cards came in, and the results were not good. I should explain this place a bit better
before I go any further.
The place we’re in is not a school, or a hospital. It’s essentially private land upon which the
structure I described to you yesterday has been built, alongside an original
house in which our host, Jimmy, was born.
The kids who use this place are not just those interested in
basketball. Jimmy, along with 2 other
organizations who use this place as a makeshift headquarters, receive donations
from overseas from interested parties who sponsor the same kids to attend the
surrounding schools. That includes
tuition, education and some food. As a
result, there are some 100-150 kids who form a part of the group. The Ugandan based group, Care for your Life,
takes care of the school fees, while the Canadian one, CACHA, sends over
volunteers for what they call a “medical mission”, at the Ggoli Hospital
(really a large 1 room building) in the last week of April, where surgeons,
pharmacists, really any medical trained people or students come over and
provide health care to the local populace.
So today the issue of the grades came up, particularly why
the students have been doing so poorly.
The management of this place (really Jimmy) are worried that the
sponsors and benefactors may not continue supporting the programs and kids if
they see that there hasn’t been a positive improvement. Rod and I sat in on the meeting between the
kids involved in the programs and the management. They were asked what the problems were, and
the answers from the kids were candid and a little heartbreaking. Problems that were raised included;
·
- The teachers weren’t showing up to class,
- Teachers took sick days and there was no one to substitute,
- There are external examinations, the topics which do not match what they have been taught,
- Some kids, the girls especially, have to do a lot of chores as soon as class finishes, so there’s no time in the day to do homework or revise,
- The teachers don’t know the topics, so they can’t teach anyway…
There were many more problems raised… it was pretty
disheartening. The way the kids are
being taught is completely at odds with who they are and how they live; they
don’t see the point of school, understandably, and the way they are tested and
evaluated does not encourage learning at all.
Rod and I went through the village in the evening, and
seeing how the kids live is quite enlightening regarding whether they can study
or not. There is very little electricity
in the village, and in the homes of these kids, you’re looking at no outside
light source. They have to do their
homework in a small room, filled with family members, and only a tiny battery
powered light which covers perhaps a quarter of the page.
There’s a lot to do, and so little time…
...
Today is a hot day.
Ooh wee is it hot. I’ve reached
the limit of my sleepless weeks, and am struggling for motivation.
The kids from one of the other teams showed up in the
morning, and we took the opportunity to clean up the court at the school. We dug up rocks, filled in holes, cleaned up
debris. After a couple hours of
training, Rod and I jumped in the van and headed back into Kampala to see if we
could find trophies.
Kampala is a very typical developing world capital, in many
ways. There are so many slums, so many
people just hanging around with nothing to do.
The “foreign area”, on the other hand, is clean, and big, and wonderful…
its like being in any developed country in the world. There are about 12 casinos in Kampala too, go
figure.
We stopped by a big mall to pick up some spray for our kids’
ankles, and Jimmy needed to get new pipes for the water system because this
morning the water gave out. So now we
all stink like crap. Well, more so
today, in any case.
The mosquitos have decided to come out in force today as
well, we’re under attack every second.
There’s a woman here left over from the medical mission, and she’s
handed us all de-worming pills with the reminder (and warning) that we have to
take them as soon as we leave Uganda, as we MUST have worms by now.
Best.
Trip. Ever.
These 2 things took us 3 hours, not to mention the hour and
a half drive each way. I am exhausted.
We got back just in time for us to take an hour nap, then
back on the court.
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