Project SafeCom News and Updates 21 March 2008 =A4 - In this Edition - =A4 1. Carbon windfall for coal towns: Garnaut 2. Auctioning permits to 'cut value' of generators 3. Garnaut's back, and it's not just a carbon copy 4. Carbon cuts to bring tax boost 5. Green groups seek fuel subsidies reversal 6. Think tank says a dam far cheaper than desal 7. [Laurie Ferguson's] Push to tackle 'white flight' 8. Gates open to tackle skills crisis 9. Friends of the Earth: Minister right on climate refugees 10. Call to ease bridging visa rules 11. Rights Australia: Detaining, Deporting Citizens 12. Treat terror accused better - judge 13. Terrorism trial halted over prison conditions 14. Haneef lawyers criticise restricted powers of inquiry 15. Haneef inquiry needs real powers 16. Schizophrenic refugee cleared of wife's murder 17. Howard foreign policy record slammed 18. Tibet massacre =96 more than 500 killed, 10,000 injured 19. Rudd vows to talk Tibet with Chinese 20. Tibet: A place of their own 21. Tibet: Australia seeks access for its diplomats 22. China releases video website 'blacklist' 23. Games boycott wrong policy: Fraser 24. Reclaiming the Streets 25. Civil disobedience a democratic safeguard 27. Chain reaction 28. Disabled left in the lurch 29. Health blitz for desert children 30. Voices go unheard as Iraq carnage continues 31. Rudd backs Israel but ducks protesters at Zionist fund-raiser 32. [60 Years Israel] A Matter of Time -|| This is the Project SafeCom Article - published since 2001 -|| as the 'Project SafeCom Daily News and Updates'. -|| -|| To enjoy a continued subscription to the Article, -|| you need to be an approved, a registered and paid-up Member of -|| Project SafeCom's Association. You can become a Member -|| through this page: -|| -|| To buy online to this Article or to manage your subscription, visit -|| Carbon windfall for coal towns: Garnaut The Age Adam Morton March 21, 2008 POWER producers should be refused the $1 billion compensation they have demanded to cope with new climate change laws, but struggling coal communities should be helped, the Federal Government's chief climate adviser, Ross Garnaut, has said. Launching his vision for a carbon trading scheme =97 the backbone of Government plans to tackle climate change =97 Professor Garnaut said that compensating power stations would amount to giving away money, when there was no evidence they would use it to help keep prices down for households. Professor Garnaut it was both inevitable and intended that the cost of high-polluting energy would increase. "Electricity prices will rise. Petrol prices will rise," he said. He said the massive Government revenues flowing from carbon permits =97 tipped to reach $20 billion a year by 2020 =97 should be spent helping communities such as the brown coal-rich Latrobe Valley, initially by boosting funding for research into storing greenhouse gases underground. "Whether or not these regions are placed under stress is going to depend on whether carbon capture and storage turns out to be commercially viable on a large scale," Professor Garnaut said. "If carbon capture and storage does not work, I can't see how we can just continue investing in coal-based power stations and deal with the environmental problems. There is a real adjustment that has to be made." Other potential winners from the new revenue stream under Professor Garnaut's plan include clean energy technology and related infrastructure, public transport and consumers hit by soaring energy prices =97 especially the poor. Designed to cut carbon emissions from 2010 onwards at the lowest cost to the country, Professor Garnaut's proposal would cap emissions and sell pollution permits through auctions. Only heavy-polluting industries exposed to overseas markets, such as aluminium and cement, would be exempt. They would be granted free permits to stop their business being lost to less environmentally friendly countries. No carbon gases could be released without a permit. Businesses that breached their limit would face fines and have to buy extra permits to cover their illegal pollution. Describing his plan as simple and transparent, Professor Garnaut also called on the Government to: =95 Set three emissions trajectories for after the Kyoto Protocol lapses in 2012. This would depend on global commitments =97 the stronger the international resolve, the more Australia would slash its pollution. =95 Establish an independent carbon bank that would sell permits and monitor their use. =95 Hold on to some of the new revenue to buy international permits or offset Australia's emissions overseas. While Professor Garnaut has previously warned emission cuts of between 70% and 90% were likely needed to avoid the worst effects of climate change, his latest report does not recommend specific caps or targets for 2020 or 2050. They will come in a final report to governments due in September. But it is unclear how much weight the Federal Government will place on the Garnaut review. Touted as the key climate change adviser by Kevin Rudd before the election, Professor Garnaut was described as just an "input" by Climate Change Minister Penny Wong last month. The Government is also waiting on a report from Treasury before expanding on its existing target of cutting emissions by 60% by 2050. The Australian Industry Group has called for a $3 billion tax cut to business to help it cope. And a report backed by the states has supported the power generators' compensation bid. Emissions trading - the plan =95 Administered by an independent Carbon Bank, similar to the Reserve Bank. =95 All revenue generated spent on climate change related measures. =95 Fewer permits auctioned over time as tighter targets introduced. =95 No price controls on permits. =95 No expiry dates on permits =97 they can be hoarded and loaned. =95 Permits to be auctioned, with regular auctions, and no free permits for electricity generators. =95 Low-income households compensated for higher electricity and petrol prices. Auctioning permits to 'cut value' of generators The Age Chris Hammer March 21, 2008 AUSTRALIA'S electricity generators have accused Ross Garnaut of demonstrating a fundamental lack of understanding of how Australia's energy market operates. They say his insistence that they buy carbon permits at auction will prevent them investing in low-carbon technology. "Some businesses would become prematurely non-viable and be unable to make the transition to low-carbon generation," said John Boshier, the executive director of the national generators forum. Mr Boshier said the proposal for subsidies to help develop clean-coal technologies would not compensate for stripping away the value of generators' assets. Professor Garnaut's report rejects free permits, saying this led to windfall profits for generators and higher electricity prices when adopted in Europe. The Australian Conservation Foundation supports auctioning permits. "It is crucial the big, dirty polluters =85 carry their share, otherwise the burden will unfairly fall on the poor," said executive director Don Henry. But ANU professor Warwick McKibbin, a member of the Reserve Bank board, said: "A price target rather than a quantity target is the best way to deal with the economic costs of climate change uncertainty, yet the draft report ignores the economics in preference to the ideological." Climate Institute chief executive John Connor described Professor Garnaut's scheme as straightforward and potentially highly effective. But he said the institute was concerned that the Government might adopt softer interim targets than was in Australia's long-term interest. The Greens support most of the particularly auctioning permits and spending some of the revenue on improving energy efficiency. However, Senator Christine Milne said hoarding and lending of emission permits would be used by big polluters to borrow from the future even more than they were now doing. Garnaut's back, and it's not just a carbon copy The Age Tim Colebatch March 21, 2008 ROSS Garnaut's first report on climate change proposed an emissions trading scheme that would be comprehensive, effective and beyond rorting. His second report aims to reassure business =97 and the Government =97 that he plans to do so at least possible cost. Garnaut Mk II, a discussion paper on the design of an emissions trading scheme, gives flesh to the principles spelt out in Garnaut I. And in doing so, it proposes new features to make his tough medicine easier to swallow. The core principles remain. Companies that emit greenhouse gases would need to buy permits to do so. Virtually all permits would be auctioned, not handed out free as the electricity industry wants. Each year fewer permits would be issued, as we follow a defined "trajectory" to lower emissions. The Government would set the trajectory, the targets and the policy framework =97 but, as with monetary policy, leave the running of the scheme to an independent carbon bank. Garnaut's design will have three clear consequences. It will reduce our carbon emissions. It will do so by making it more expensive to emit carbon, and that will cost us. And thus, it will give us incentives to develop and use low-emission sources of energy =97 and a disincentive to use high-emission sources, such as traditional coal-fired power, which would become uneconomic. The ideas in Garnaut II focus on mechanisms to reduce the cost of this transition, for the economy as a whole, and for key groups. The main ones are: =95 The Government should adopt not one trajectory (or set of targets), but three. The first would be geared simply to meeting our 2020 target. The second would be more ambitious, which we would switch to when the West (i.e. the US and Japan) adopts a target to reduce emissions by 60%. The third would be the most ambitious, going beyond a 60% cut, but we would move to it only when developing countries such as China and India adopt "an effective response to global climate change". That's a neat way of tackling the understandable fears that Australia could get stranded if it goes too far in front of the world. At the same time it tells the world what we would do if they come with us. =95 All revenues from auctioning permits =97 up to $20 billion a year, according to the Climate Institute =97 be earmarked to compensate low-income households, to invest in low-emissions technology all the way from the lab to commercial viability, and to invest in public transport and in coal regions where jobs are at risk. =95 To reduce the risk of coal mining regions and power stations shutting down, give priority to testing and using carbon capture and storage systems, so they can be part of new power stations or retrofitted to old ones to bring cleaner coal on stream ASAP. Climate Minister Penny Wong was cool to Garnaut I, but seemed to warm yesterday to Garnaut II. So she should. This is a tough mind working to resolve complex problems with integrity and creativity. We are on the right track. Carbon cuts to bring tax boost The Age Adam Morton and Chris Hammer March 20, 2008 AUSTRALIA'S scheme to cut greenhouse gas emissions will pour up to $20 billion a year =97 roughly the annual defence budget =97 into Federal Government coffers, new modelling shows. Commissioned by the Climate Institute, a lobby group, it found Canberra will reap at least $400 million in 2011 and between $7.2 billion and $20.6 billion by 2020 if all businesses that emit greenhouse gases are forced to pay. The Climate Institute called for the revenue to be spent on helping the poor, who face rising electricity and petrol prices once the new system arrives in 2010. The modelling comes as chief Government climate adviser Ross Garnaut today releases his report into emissions trading, which the Government says will be the biggest shake-up to the economy since the 1980s. Under the scheme, emissions will be capped and pollution permits sold at a market-set price. The strength of the emissions cap will determine how much the Government collects. Climate Institute policy director Erwin Jackson said the top priority should be to help people on low incomes through policies that cut carbon emissions. This could be subsidies for people who choose housing and appliances, or boosting funding for low-cost, low-emission public transport. Mr Jackson said businesses arguing for compensation under the new system =97 including heavy-polluting energy generators and industries that faced losing business overseas such as aluminium, LPG, iron and steel =97 should not be ignored, but should not be rewarded just because they were well connected in Canberra. "We need to make sure that who gets the money isn't decided by who can afford a lobbyist," Mr Jackson said. "It's a bucket-load of money, it's a big opportunity and we shouldn't be squandering it." Electricity generators are demanding compensation under the new system, arguing it will lead to soaring costs and disruptions to energy supplies. -- A scathing report by the OECD has exposed numerous failures in Australia's environmental record, including high levels of air pollution, poor water management, and declining populations among threatened native species. It lists 45 recommendations including taking tougher action against major polluters, reducing the run-off of fertilisers and pesticides, and making consumers pay more for water. The OECD praises some advances made during the last decade, but lists a number of major concerns. It says the emission intensity of greenhouse gasses is the highest, or among the highest, in the developed world, and that air pollution hot spots adjacent to some smelters and power plants pose serious local health risks. It says that, on balance, the conservation status of threatened native species continues to deteriorate, and that some major pressures on biodiversity, such as weeds and invasive species, have not eased. Environment Minister Peter Garrett said the report provided the Government with a blueprint for the future and that the 45 recommendations aligned with the Government's policy directions. However, Greens leader Bob Brown said the report found the Rudd Government wanting. Green groups seek fuel subsidies reversal news.com.au March 18, 2008 04:31am Article from: AAP ENVIRONMENT groups have urged governments to spend more taxpayers' money on renewable energy than the fossil fuel industry. Greenpeace today released an opinion poll which found a majority of Australians think renewables should receive more subsidies than fossil fuels like coal. The Australian Conservation Foundation (ACF) issued a report showing federal and state governments are investing nearly 50 times as much on fossil fuels and uranium mining as they do on technologies like solar and wind power. Both groups say the vast difference in funding contradicts governments' ambitions to cut greenhouse gas emissions. The Newspoll commissioned by Greenpeace found 60 per cent of respondents thought renewables should get the most funding. Another 30 per cent thought the subsidies should be equal for both sectors. Fifty-six per cent said more money should be ploughed into renewables immediately, and 28 per cent said over the next 12 months. The poll also showed that only 29 per cent knew fossil fuels received higher funding. "The legacy of the Howard Government is an abuse of taxpayers' money and out of step with public opinion," Greenpeace climate and energy campaigner Julien Vincent said. "Rather than adding to their profits, we should be penalising the use of fossil fuels and putting public money into renewable energy solutions." Greenpeace is seeking signatures for a petition asking Federal Treasurer Wayne Swan to phase out subsidies for fossil fuel companies. The ACF report, Responsible Public Investment in Australia, said funds are putting $47 into fossil fuels and uranium for every dollar they invest in renewable energy. "With so much emphasis on climate change from federal, state and territory governments, many people would be shocked," ACF executive director Don Henry said. funds that do not manage environmental risks in their portfolios put at risk their financial returns and the world we will leave for our kids." Separately, a group of eminent climate scientists have called on the Federal Government to stabilise national emissions in two years' time. The report by the Australian Climate Group released today warns the extent of climate change is likely to be at the extreme end of predictions by the international scientific community. The group was first convened by WWF-Australia and insurer IAG in 2004. "Any delay in achieving significant emission reductions could lead to a major disruptive shock to both our economy and our whole way of life," IAG chief risk officer Tony Coleman said. "If the extent of climate change continues to emerge faster than anticipated, Australia will quickly run out of options unless we have already made good progress down the path of reducing emissions," Mr Coleman said. Think tank says a dam far cheaper than desal The Age Ben Doherty and Peter Ker March 19, 2008 WATER from Victoria's proposed desalination plant is likely to cost nearly three times the price Melburnians currently pay for their household water, a report by the Institute of Public Affairs has found. And the cost of sourcing water from the $3.1 billion plant at Wonthaggi could be up to six times as expensive as building another dam. The conservative lobby group's claims come as three senior economists from the Australian National University have also called for a more thorough economic analysis of the desalination project. The IPA report, released today, argues that the Victorian Government should consider building a new dam to boost Melbourne's water supplies, in preference to pursuing the desalination and the north-south pipeline projects. Report author Alan Moran, director of the IPA's deregulation unit, found that water from the proposed desalination plant in Wonthaggi would cost 301 cents a kilolitre to harvest and pipe to Melbourne. Currently, Melbourne water users pay an average of 111.8 cents a kilolitre for household water. Water prices in Victoria are traditionally set by the Essential Services Commission, and the Brumby Government has guaranteed water prices will no more than double by 2012. No price cap has been set beyond 2012, when the desalination plant becomes operational. Mr Moran claimed that a new dam built on the Thomson or Macalister rivers in Gippsland would cost in the order of $1 billion, and water sourced from there about 47 cents a kilolitre. Arguing that other major supply options such as recycling water from the Eastern Treatment Plant and harvesting stormwater were hopelessly expensive, Mr Moran said the Government's ideological opposition to a new dam would cost all Victorians. But the Government believes dams cannot provide water certainty in an era of climate change and declining rainfall. Victorian Water Minister Tim Holding said it was easy for people to talk about dams but the reality of choosing locations and avoiding environmental damage was more difficult. "We now need to complement this network (of dams) with a non-rainfall dependent source of water =97 and that is exactly what our desalination plant will provide," Mr Holding said. However, Professor Quentin Grafton and two other ANU economists have argued that water-saving alternatives such as scarcity pricing =97 under which water becomes cheaper in times of abundant supply and more expensive in times of scarcity =97 should be seriously considered before the desalination plant is built. Such a model could see Melbourne's water consumption drop and the need for a desalination plant delayed or eliminated, Professor Grafton told The Age. The economists' submission calls for the scope of the upcoming environmental effects study into the desalination plant to be broadened to include "an economic analysis of scarcity pricing as an alternative". [Laurie Ferguson's] Push to tackle 'white flight' The Age Jewel Topsfield March 21, 2008 REFUGEES should be housed across a wider spread of suburbs to halt the so-called "white flight" from some government schools, according to a senior Federal Government MP. Laurie Ferguson, parliamentary secretary for multicultural affairs, said white flight =97 where Anglo-European parents shun state schools that have a high proportion of students from other racial backgrounds =97 had become a big challenge for multicultural Australia. "People fear there is a monoculture in some suburbs. They believe there is an over-dominance of some cultures in schools, which is denigrating the quality of education," Mr Ferguson told The Age. "So they are withdrawing their kids from government schools and sending them to religious or selective high schools. This leads to further concentration of marginalised communities in government schools and the further stigmatisation of these schools." The term "white flight" was coined in the US. It was applied to schools after desegregation began in the 1960s, when many white people who could afford private schools pulled their children from mixed public schools. Mr Ferguson said the "concept of white flight from the government school system" had now become a big challenge in Australia, particularly in western Sydney and parts of Melbourne. A confidential survey conducted by the NSW Secondary Principals Council in 2006 raised concerns about white flight undermining the public education system and threatening social cohesion. The report showed the percentage of Anglo-European students in public schools had decreased by a third in western NSW, by 42% in North Sydney and 37% in New England. Mr Ferguson told The Age more needed to be done to avoid children from places such as Africa, who had grown up in refugee camps and had limited education, being so heavily concentrated in some areas and schools. "Deliberate policy decisions" needed to be made about diversifying the location of housing for refugees and humanitarian entrants. He said settlement workers should also try harder to find private rental properties for their clients in a broader range of areas, rather than simply dealing with the same real estate agents. Mr Ferguson said that in contrast to the hostility of the former Howard government, the Rudd Government was committed to making work, and he had been talking with the Immigration Department about how to tackle white flight. He said while people could not be forced to live in certain areas and rent was prohibitively high in wealthy suburbs, more could be done to broaden resettlement. "There also needs to be work from state education departments, otherwise we are going to see a worsening spiral of high unemployment, stigmatisation by employers and denigration of and further retreat from public education," Mr Ferguson said. The president of the Victorian Association of State Secondary Principals, Brian Burgess, said the exodus from state schools in Victoria was "more like a middle-class flight" than a white flight. "It has more to do with middle-class people living in lower socio-economic areas moving into private education or what they would view to be a more upmarket secondary school in the next suburb," he said. But teachers at racially diverse schools, who asked not to be named, told The Age white flight was occurring in Melbourne. Meanwhile, Mr Ferguson said one of his first tasks as parliamentary secretary had been to reassure the African community the Government would continue to accept African refugees, after former immigration minister Kevin Andrews claimed the Sudanese were struggling to integrate. "The biggest area of damage control was to try to counter the anxiety in the African community after Andrews' statements," Mr Ferguson said. He said Africans had interpreted Mr Andrews' "reprehensible" comments to mean the Government was completely cutting the African refugee intake. The Immigration Department was also composing a multicultural policy statement to replace the former government's policy. John Howard was famously suspicious of the word saying he preferred to use "integration". He also dropped "Multicultural Affairs" from the Immigration Department's title. Mr Ferguson said that while it would be nice if the name was reinstated, the fact he had been appointed secretary for multicultural affairs and was pushing the agenda underlined its importance to the Government. With BRIDIE SMITH Gates open to tackle skills crisis Sydney Morning Herald Mark Metherell March 20, 2008 BIG companies will be able to speed up controversial 457 work visas to recruit foreign staff under a revamp being considered by the Federal Government to tackle the skills crisis. The Minister for Immigration, Chris Evans, has told the Herald the Government is looking at proposals which would allow accredited companies to gain rapid results on work visa requests. Mining companies and other big organisations such as NSW Health - one of the biggest users of 457 workers - are likely users. Plans for speedier schemes have been put to an advisory panel which is investigating work visas, including the 457 visas granted to overseas workers who have been sponsored by employers for temporary work. The panel, headed by Peter Coates, chairman of the mining company Xstrata, is expected to report to the Government next month on measures to streamline the recruitment of foreign workers. The growth of workers on 457 visas has ballooned in recent years. More than 46,000 arrived under the temporary work permits last financial year. Unions, and Labor when in opposition, criticised the visas, citing their potential to enable the exploitation of foreign workers and undercut local wages and conditions. A Herald investigation last year found that 21 people on 457 visas had died in the previous five years, although the then government said only three deaths were work-related. Senator Evans said global demand for professionals such as engineers meant companies needed to move quickly to hire people before they were snapped up by countries like the US and Canada. "You have to go out and fight for them," he said. He ruled out suggestions that companies would be able to issue visas directly. The employers likely to meet accreditation requirements would be organisations of good standing with proven track records, many of which tended to hire professionals on high salaries. "They are not high risk," he said. But Senator Evans said any accredited company that abused the scheme would get "zero tolerance =85 It would be one strike and you are out." He said there was no sign of the skills crisis abating in the next year or two, and Australia had to match foreign competition for skilled people, but with a scheme that did not exploit foreign workers or undercut local wages. The quicker visa plan is one of several big changes to immigration policies Senator Evans is considering. These include a migrant worker scheme for people from Papua New Guinea and the Pacific islands, and entry for climate refugees from islands hit by rising ocean levels. Senator Evans said the Government was looking at the results of a New Zealand trial of a migrant worker scheme. While migrant workers could help their home countries by returning with money and skills, the Government also had to consider whether migrants would take jobs from Australians by demanding to stay permanently. And if a Pacific island "began to sink under rising rising sea levels, there would be an expectation that Australia would have a role to play". He foreshadowed the overhaul of a system "nowhere near as effective as it could be" and of the requirement for the minister personally to decide 4000 to 5000 cases a year. These included a recent case where he had to give permission for a baby and mother to be reunited. Friends of the Earth: Minister right on climate refugees MEDIA RELEASE 20th March 2008 Friends of the Earth, Australia has welcomed statements by the Minister for Immigration Chris Evans that he is considering ways to assist climate refugees. Minister Evans said in today's Sydney Morning Herald that he is considering ways to assist Pacific Islanders through the migration program and that if a Pacific island "began to sink under rising sea levels, there would be an expectation that Australia would have a role to play". "Rising sea levels, droughts and extreme storms will create hundreds of millions of climate refugees and Pacific Islanders are particularly vulnerable", Cam Walker said today. "Already Carteret Islanders in PNG are having to move from their homes." "That is why we welcome the Minister's commitment to look at how Australia can help." "There is no point putting our head in the sand, we must put in place a special immigration program for climate refugees now to be ready for any large scale displacements in the Pacific." "Skilled migration programs like New Zealand's Pacific access category and a possible Pacific guest-worker program can also make an important contribution to improving the social and economic resilience of Pacific Island countries." "Australia must also assist with adaptation assistance in the Pacific and relocation within and between countries in the Pacific." "There is no doubt that climate change already in the pipeline will have disastrous effects in the Pacific in the coming decades, that makes the task of urgently cutting emissions all the more important to prevent further disaster." "Australia has a particular responsibility to take action because our historic emissions and our current emission levels are some of the highest in the world." Friends of the Earth's Climate Justice campaign works to raise awareness of the impact of climate change on the world's poor people and countries in the Australian community. The campaign has asked the Federal Government to create an additional humanitarian immigration stream that will assist climate refugees. Cam Walker, National Liaison Officer: 0419 338 047 Call to ease bridging visa rules The Age Jewel Topsfield March 18, 2008 STRICT visa conditions that force hundreds of asylum seekers to live in a state of forced destitution without the right to work or access Medicare and welfare should be relaxed, according to a confidential Immigration Department report. The review of bridging visas, which was leaked to The Age, says there are up to 3000 asylum seekers at any one time on visas that allow them to live in the community but prohibits them from earning a living or accessing benefits. As of February 2006, almost 20% had been on these visas for more than five years. The internal review =97 which the former Howard government received 18 months ago =97 says these visa holders are reliant on charity for some or all of their basic welfare needs. "While non-government organisations and some state and territory governments are providing support for emergency needs, it is claimed that many needs are not being met to the mental and physical detriment of bridging visa holders," the report says. It says there appeared to be a "compelling case" for the Government to provide health care in acute cases. Providing work rights would also allow some bridging visa holders to become improve mental well-being and help address skilled labour shortages. Under the current laws, asylum seekers on bridging visas do not receive work rights or Medicare access if they are awaiting a humanitarian decision from the Immigration Minister, appealing against a decision denying them a protection visa or did not apply for a protection visa within 45 days of arriving in Australia. The 45-day rule, introduced in 1997, was designed to prevent people applying for refugee status to prolong their time in Australia and obtain work rights. The bridging visa review said the 45-day rule appeared to have reduced abuse of the system. But it said community groups argued there were valid reasons why people applied after the 45 days, including change of circumstances in their home countries and poor immigration advice. But the review did not support the call for work rights and Medicare access for all asylum seekers or the abolition of the 45-day rule, as this would "encourage those found not to have protection needs to remain." But it said there was a strong argument that some support should be available on humanitarian grounds on a case-by-case basis. It also recommended that immigration officers have the ability to waive the 45-day rule in compelling circumstances. Immigration Minister Chris Evans told a committee last month that work rights for bridging visa holders were "under active consideration". Rights Australia: Detaining, Deporting Citizens IPS website By Stephen de Tarczynski MELBOURNE, Mar 18 (IPS) - The Rudd government is hoping that the high-profile case of an Australian resident wrongfully detained in the country=92s immigration detention system for more than ten months has been brought to a close. But this alarming case is far from being an isolated one. Earlier this month, German citizen and Australian permanent resident, Cornelia Rau, accepted the government=92s AUD 2.6 million (2.6 million US dollars) compensation offer for being wrongfully detained by immigration authorities from March 2004 until February 2005. The former air hostess was detained in the northern state of Queensland on Mar.31 2004, two weeks after absconding from Manly Hospital in Sydney. According to an inquiry conducted by former Australian Federal Police commissioner, Mick Palmer, Rau had suffered from periodic psychotic episodes since the 1990s, for which she was occasionally hospitalised. Despite her disappearance, Rau=92s family did not contact police until five months later. Rau had absconded from care in the past but had always "surfaced". That the family had also recently reported Rau as missing -- in December 2003 -- only for her to turn up shortly after, added to their reluctance to contact police. After coming to the attention of Queensland police following a report by a local publican about a "young German tourist" with no money, Rau was arrested on suspicion of being an unlawful non-citizen. Rau gave her name as Anna and provided different surnames as well as conflicting accounts of her German origins, the length of time she had been in Australia and how she arrived in the country. While Palmer concluded that Rau gave deliberately misleading personal information -- he argues that she did not wish to be found -- he was also critical of the Immigration Department=92s culture, lack of comprehensive assessment and review processes, and the fact that Rau was detained at Brisbane Women=92s Correctional Centre -- despite not having committed an offence -- for six months before being moved to the now-defunct Baxter Immigration Detention Centre. Rau was finally identified and released after the Rau family was alerted by friends to a newspaper report in which they thought that "a mystery woman" being held at Baxter detention centre could be Cornelia Rau. "This was obviously a terrible experience for Ms Rau and we hope this settlement will enable Ms Rau to finally move forward with her life," said Immigration Minister Chris Evans in a statement on March 7 following Rau=92s acceptance of the compensation offer. The previous government, under John Howard, had offered AUD1.6 million (1.47 dollars) to compensate Rau, while the current government has been keen to have the case settled. And although the Rau family hopes the compensation deal represents a closure to Rau=92s public ordeal, her case is far from an isolated one. "We are talking about the tip of the iceberg," says Pamela Curr from the Asylum Centre Resource Centre. Aside from Rau=92s, there have been other high-profile cases of wrongful detention and deportation of Australian citizens and residents. Vivian Alvarez Solon -- who also had a history of psychological problems -- was unlawfully deported in 2001. Originally from the Philippines, Alvarez Solon had become a naturalised Australian citizen in 1986, two years after marrying an Australian man. Despite a 2005 inquiry by the Commonwealth ombudsman finding that senior officers from the Immigration Department were aware that an Australian citizen had been wrongfully deported, no action was taken. It was not until 2005, following an email from Robert Young -- Alvarez Solon=92s former husband -- to the office of then-minister for immigration, Amanda Vanstone, that the government took action. Even so, Alvarez Solon -- whose removal from Australia was blamed on organisational failures -- was not easily located despite being in the same Catholic hospice to which she was taken upon her arrival. Eventually found, Alvarez Solon returned to Australia in November 2005 and was awarded some AUD 4.4 million (4 million dollars) in compensation. Following these cases, the Howard government referred the investigation of 247 other cases of immigration detention, over a 14 year period from 1993, to the ombudsman, Prof. John McMillan. The summary report, released in August last year, found that in each of these cases, people were either Australian citizens, valid visa holders or whose circumstances -- such as a court case -- required the person to be released. The report highlighted systemic failures in immigration detention, with McMillan finding that errors had occurred in many of the 247 cases. In one case, an Australian citizen of Vietnamese origin was detained on three occasions between 1999 and 2003 -- with one detention period lasting eight months -- on suspicion of being an unlawful non-citizen. In another 45 cases, data errors were found to have occurred, resulting in the wrongful detention of 42 legal non-citizens at the behest of the immigration department. "This is why we say it is imperative that the current system of mandatory detention be dismantled," Pamela Curr told IPS. In Australia, a person found to be without a valid visa is subject to mandatory detention. Mandatory detention faced renewed calls for its scrapping in the wake of the Mohammed Haneef affair last year. The Indian doctor=92s visa was cancelled on the same day that a magistrate granted him bail, thereby ensuring his further detention. Curr criticises the law that enables authorities to "take people into detention based on a reasonable belief" that they are unlawful non-citizens. "Based on that, hundreds of Australian citizens have been illegally detained=85They have been subjected to the same brutal treatment as any asylum seeker," she argues. Following the ombudsman=92s report, former immigration minister Kevin Andrews ordered his department to contact the 247 former detainees. However, the process is taking longer than expected. It was reported last week that of the 28 former detainees in Queensland, only four had been located by the department. While one person has received an undisclosed financial compensation, the other three cases are still being assessed. Curr describes the situation as a "scandal in the making" for which the Rudd government will pay. "Somebody has to pay," she told IPS. (END/2008) Treat terror accused better - judge news.com.au March 20, 2008 05:06pm Article from: AAP THE judge in Australia's largest terrorism trial has ordered sweeping changes be made in the conditions under which the 12 men standing trial are imprisoned. The order follows concerns expressed by lawyers for the 12, who are on trial in the Supreme Court in Melbourne on charges including being members of a terrorist organisation, and that they planned to commit a terrorist act. The court has been told the accused have been held in Victoria's highest security prison from more than two years while awaiting trial in conditions likely to lead to them suffering psychiatric problems. Their trial began last month and is expected to continue until at least the end of the year. Justice Bernard Bongiorno today ordered the accused men be given extra time out of their cells and that they should not be strip-searched when going to and from court. The men also should not be shackled except by handcuffs and they should be treated in the same way as any other remand prisoner, he ordered. The court earlier heard evidence that the conditions under which the defendants are transported to court each day has compounded their psychiatric problems. Four psychiatrists gave evidence that the conditions of incarceration and transport would make it difficult for the men to properly defend themselves. Justice Bongiorno agreed that under the current circumstances the accused were likely to receive an unfair trial, although he said they had not been disadvantaged so far. The judge called on the Victorian Department of Justice to comply with his orders by March 31, when the trial is due to resume. Terrorism trial halted over prison conditions ABC ONLINE NEWS Posted Thu Mar 20, 2008 4:43pm AEDT Updated Thu Mar 20, 2008 5:16pm AEDT A Supreme Court judge has put a Melbourne terrorism trial on hold and ordered Corrections Victoria to change the prison conditions of the 12 accused men. Justice Bernard Bongiorno has ruled the onerous conditions are having such an effect on the men that their trial is unfair. They have been on remand in a high security unit at Barwon Prison for the past two years. Their lawyers applied to put the trial on hold and Justice Bongiorno has agreed. It is the first time a judge has made such a ruling in Victoria. Justice Bongiorno wants the men to be moved from Barwon Prison to a remand prison in Melbourne by March 31. He also says they should be allowed out of their cells for at least 10 hours a day when they are not at court. The men have pleaded not guilty to being members of a terrorist organisation. One of the defence lawyers, Jim Kennan SC says he is pleased with the decision. "This is an important recognition by the Victorian Supreme Court of the right to a fair trail." He says the decision of the Court has underlined the importance of the rule of law in our community. Haneef lawyers criticise restricted powers of inquiry Sydney Morning Herald David Marr March 19, 2008 The retired judge John Clarke, QC, will begin his inquiry into the Haneef affair without any power to compel witnesses to give evidence. This was confirmed yesterday by the Federal Robert McClelland, when rejecting pleas from Dr Mohamed Haneef's lawyers that Mr Clarke be given the powers of a royal commissioner. Lawyers for the doctor wrote to Mr McClelland this week expressing concern about the absence of powers and argued Mr Clarke needed the same statutory authority Terence Cole, QC, used to examine AWB's role in paying kickbacks to Saddam Hussein. Dr Haneef's lawyers are particularly worried that Mr Clarke cannot compel witnesses to answer questions on oath. They wrote: "If a witness does not like a particular question, he or she can simply decline to answer it." Haneef inquiry needs real powers Sydney Morning Herald David Marr March 19, 2008 Perhaps there's a police force somewhere in the world happy to hang its dirty washing in public just because it's asked. Perhaps. But not in Australia. As John Clarke, QC, tries to get to the bottom of the Dr Mohamed Haneef mess, he has no power to compel the Federal Police Commissioner, Mick Keelty, or his officers to say anything, produce any document, face or even turn up to account for themselves. The rules of contempt don't apply. Perjury may go unpunished. Whistleblowers are unprotected. Frankly, the police have more power to investigate crimes than Clarke has to investigate the police. And the former judge has no leverage over ASIO. Perhaps there's an intelligence service somewhere on the planet willing to volunteer evidence that may cause it public embarrassment. Perhaps. But not in Australia. ASIO needn't tell Clarke anything it doesn't want him to know. Don't get me wrong. I'm not saying police and spies are wicked. But they know how to defend themselves. And the experience of the past 25 years suggests a former judge isn't going to get far armed only with a sharp mind and promises of co-operation. All parties say they'll co-operate. Them's the rules. "The Government has been assured by all Commonwealth agencies that they will fully co-operate with the Clarke inquiry," said the Robert McClelland. "I will co-operate," added the former immigration minister, Kevin Andrews. "I will meet with Mr Clarke; I will assist him." Of course. When was the last time the target of a public inquiry told the world, "I'm not going to co-operate"? AWB's public rhetoric never faltered as it hedged, withheld, prevaricated, dug in its toes, and suffered bouts of near-terminal amnesia at the Cole inquiry into the kickbacks paid by the wheat trader to Saddam Hussein. Terence Cole, QC, got as far as he did because he had the powers of a royal commissioner. He could jail recalcitrants if he wished. Clarke faces far more formidable adversaries with a tight deadline and nothing to enforce their co-operation. The former judge is under no illusions about this. At last week's press conference he admitted: "I have no coercive powers." Why not? More is at stake here than the fate of one Indian doctor with some dodgy relatives. Haneef's weeks in detention in Brisbane last year involved the first use of powers that undercut traditional guarantees of fair treatment by police, security agencies and at least one minister of the Crown. All we know so far suggests the result was an unhappy mix of incompetence and abuse. These things take courage to investigate. In 1983 when ASIO claimed the former ALP federal secretary, David Combe, was shaping up to betray his country to a KGB agent in Canberra, the new Hawke government had the guts to give the investigation to a royal commissioner. Bob Hope QC's conclusion that ASIO was talking hogwash - not quite the term he used - was respected because he had the powers he needed to penetrate the protective shell of the security agencies. No one back then seriously imagined mere "co-operation" would yield such a convincing outcome. Now another new Labor government is facing an early investigation of its police and security services. But McClelland is whistling if he imagines the Clarke inquiry will meet his stated objective of reassuring Australians "that their national security agencies are functioning as effectively as they can be, and that our laws are being appropriately enforced". Who can Clarke reassure if we're not first convinced he has the tools he needs to do his work? Take just the most obvious challenge to rhetoric of co-operation. Both Andrews and Keelty remain adamant that they've made no mistakes in the Haneef case. The commissioner and former minister have defended themselves in public often and absolutely. How will they co-operate with Clarke? Keelty's true view of the priorities are best expressed, perhaps, by the fact that despite the millions already spent without apparent result since taking him into custody in July last year, the Australian Federal Police have still got Haneef under investigation. Clarke has only one card up his sleeve: a vague promise that if he were to advise McClelland that he was being denied material assistance by some "absence of co-operation", then the Government would "consider any request to reconstitute the inquiry under the royal commission powers". Maybe. Somewhere down the track. Make it now and let him get on with the job. Schizophrenic refugee cleared of wife's murder ABC ONLINE NEWS Posted Thu Mar 20, 2008 5:00pm AEDT A Sudanese refugee who admitted killing his wife at their Newcastle home, in the New South Wales Hunter region, has been found not guilty of her murder on the grounds of mental illness. The 43-year-old man, who cannot be named for legal reasons, hit his 40-year-old wife on the head with a hammer and a pipe in July 2006. The couple's one-year-old daughter was found lying next to her with blood on her clothes. The woman was taken to hospital but died. The man later handed himself in to police. He said he had been told in a dream to kill his wife or she would kill him. Justice Graham Barr accepted the man was suffering from schizophrenia. He said the man's delusional belief robbed him of the ability to know what he was doing was wrong. The judge ordered that the man be detained in the psychiatric ward of the Long Bay Prison hospital until his case is assessed by the Mental Health Review Tribunal. Howard foreign policy record slammed news.com.au March 18, 2008 07:28am Article from: AAP A LIBERAL senator has criticised the former Howard Government's record on foreign policy in an academic paper. Senator Russell Trood criticised the Iraq war and other policies in a paper on Australian foreign affairs written for the Lowy Institute. The 200-page paper was launched by Opposition Leader Brendan Nelson at Parliament House in Canberra last night. "In response to climate change, for example, our response to this issue was, to say the least, uneven," Senator Trood said at a press conference reported by ABC radio. "The Pacific Solution overshadowed the considerable strengths of a well conceived and responsible immigration policy. "Iraq was an ill conceived enterprise from the very beginning. "We were also unwise not to fund the Department of Foreign Affairs and Trade (DFAT) adequately." Senator Trood, who holds a PhD in international relations, has long been a critic of the war in Iraq. The ABC reported that former foreign affairs minister Alexander Downer called Senator Trood last night to berate him over the commentary. The senator told ABC radio his paper was about the nation's future direction, not the opinion of the former foreign affairs minister. "This is not about any conversations I might have had with Alexander Downer," he said. "The paper is about the future; it is about the challenges in the international environment that we face in Australia, and the purpose of this exercise is to look at those challenges and decide how Australia can best respond." In launching the paper, Dr Nelson said he did not agree with everything Senator Trood said. "No, I don't, but it's a free country, it's a Liberal party and everybody is entitled to a point of view," the Opposition Leader told ABC radio. Liberal frontbencher George Brandis said Senator Trood had the right to speak out about foreign policy. "It is perfectly proper and indeed healthy for a party that has recently gone into opposition ... to appreciate the legacy and look critically at our past," Senator Brandis told ABC radio. He said it was not the role of Mr Downer, who has signalled he will be leaving parliament, to attempt to stifle the commentary. "People who served in the previous government, who have indicated their intention to leave the parliament, one might think perhaps they've had their time and it's not their role now to try to constrain or stifle new voices who want to reassess the party's future." Tibet massacre =96 more than 500 killed, 10,000 injured =96 a massive violation of human rights by China India Daily Nitin Agarwal Mar. 15, 2008 Satellite images show the clear atrocities carried out by the Chinese Military and police in Tibet. More than 500 Tibetan protestors are dead and more than 10,000 are injured. China's official Xinhua News Agency claims only 10 people are dead. The protests by Buddhist monks in Tibet turned violent, with shops and vehicles set on fire and gunshots fired on the streets of the region's capital, Lhasa. All eyes are on the Tibetan government in exile, based in the north Indian town of Dharmsala led by Dalai Lama. China maintains rigid control over the area. Foreigners need special travel permits, and journalists are rarely granted access in the disputed area of Tibet except under highly controlled circumstances. But China cannot deny satellite images and reports from underground news agencies. Rudd vows to talk Tibet with Chinese The Age Michelle Grattan, Canberra March 18, 2008 PRIME Minister Kevin Rudd says he will raise human rights when he visits Beijing next month, and urges China to act with restraint in dealing with Tibetan dissent. But Australia's response to the crackdown is relatively low-key so far. Australian and Chinese officials have met in Canberra and Beijing but Australia has not lodged a formal protest or called in the Chinese ambassador. Australia had always recognised Chinese sovereignty over Tibet but recent developments were disturbing, Mr Rudd said. Asked whether he would raise the issue when in Beijing on his round-the-world trip, he said: "In most of my discussions with Chinese leaders in the past we have dealt with human rights. I can't see that changing into the future. It is a normal part of our relationship with the Chinese =85 on human rights questions we have differences with the Government in Beijing. "These are serious matters and I take them seriously. They will certainly form part of our continued diplomatic communication with the Chinese Government." Greens leader Bob Brown lashed out at Mr Rudd, accusing him of lacking gumption and producing a response that was "vintage John Howard". Senator Brown said that to talk about Tibet, where there was bloodshed, torture and repression, "as if it's a normal matter to be discussed when he goes to Beijing =85 is to take this craven attitude that you mustn't look the dictatorship in Beijing in the eye and call a spade a spade". Opposition Leader Brendan Nelson said Mr Rudd should raise the issue in Beijing. "What precisely he says and what advice I give to him in that regard I'll discuss with him privately," he said. Foreign Minister Stephen Smith said 14 Australians were in or around Lhasa and Foreign Affairs had confirmed they were safe. Australians were advised to reconsider travel plans to Lhasa. Tibet: A place of their own The Age John Powers March 18, 2008 Granting Tibetans autonomy would foster stability and ease the financial and moral pressure on China. ONCE again, images of maroon-robed Tibetan monks taking to the streets to protest against Chinese rule are appearing in news media around the world. And once again, they are accompanied by images of Chinese troops beating the demonstrators. Indeed, the current disturbances are the largest since 1989, when thousands of Tibetans called for greater autonomy and respect for human rights, but there have been ongoing anti-Chinese protests in the restive region since troops first entered the country in 1949. Before that, Tibet was a de facto independent country, with an archaic but functioning theocratic government, legal system, currency, and army, none of which derived either authority or funding from China. Nonetheless, China claimed Tibet as an integral part of its territory, and continued to do so even after all Chinese were expelled by the Tibetan government in 1911. After the Communists, led by Mao Zedong, captured the region by armed force in the early 1950s, they set up a government parallel to the Dalai Lama's administration. He tried to work with the Chinese in the now-inevitable transition to foreign rule, but moves to transform the country led to growing resentment among Tibetans. On March 10, 1959, thousands took to the streets to demand that the Chinese leave their country and restore indigenous rule. The response was a brutal crackdown in which hundreds died. This event is viewed by Tibetans in exile as the first battle in a "war of independence" and is celebrated every year with demonstrations and nationalistic speeches. The present round of protests began with March 10 events, but unlike previous years, they have escalated and involve both monks and significant numbers of lay people. There have been reports of Chinese-owned businesses being demolished and civilians being attacked by angry mobs. Why now? And why have these demonstrations developed a violent aspect? There is no single answer to these questions. The region has been effectively subdued by military force, but during my visits most of the Tibetans I met told me of their profound dissatisfaction with Chinese rule. In 2002, every employed person I met was Chinese. All businesses I visited were owned and staffed entirely by Han Chinese. At tourist venues Tibetans begged foreigners for money. The Chinese Government proclaims that the Tibetan economy is booming and that it is investing billions of dollars in the region, but the indigenous population has scarcely benefited. Every year, more than 3000 Tibetans escape to an uncertain fate in exile, often traversing some of the world's highest passes in winter to avoid Chinese patrols. If conditions were as good as the Government claims, there would not be such desperation to leave. The main reason for the present demonstrations is most probably a combination of two factors: the coming Olympics in Beijing and the newly completed train from Beijing to Lhasa, which brings hundreds of new Chinese tourists and settlers to the Tibetan capital every day. Tibetans became a minority in their own country about 10 years ago, and rail service has brought a sharp rise in immigration from neighbouring provinces. This growing marginalisation has led to a sense of urgency, and with the eyes of the world focused on China in the lead-up to the Olympics, this probably seemed like an opportune time to draw international attention to the situation in Tibet. When China was awarded the Games the authorities promised greater respect for human rights and acknowledged that there would inevitably be protests. They stated that peaceful demonstrations would be tolerated, and despite the violence of the past several days, security forces have been comparatively restrained. Foreign observers have been shocked by scenes of brutality against peacefully protesting monks, but by all accounts violence has been on a significantly smaller scale than in the past. Chinese authorities are aware of foreign scrutiny and deeply sensitive to criticisms of human rights abuses, but at the same time feel they are walking a thin line, fostering a positive public image while also maintaining order. Many Chinese are puzzled by this restraint and want the Government to teach the protesters a lesson. Ordinary Chinese overwhelmingly accept the Government's claims that Tibetans have benefited from the introduction of Chinese civilisation and that they should be grateful. These attitudes closely parallel those of Europeans in Australia during the early period of settlement who proclaimed that Aboriginal Australians had been civilised by the foreigners and received the gifts of their superior culture, language, and religion. A recent survey of Chinese blogs cites expressions of anger, shock, and bewilderment. Tibetans should be thanking their Han "big brothers and sisters" who have liberated them from the Dalai Lama's repressive regime and given them the opportunity to become more like Chinese; they say the protests are outrageous and a sign of insufferable ingratitude. Few Tibetans expect that China will ever voluntarily quit their country, and the Dalai Lama is officially committed to the position that Tibet is a part of China. He has publicly stated that China "is good for Tibet" because it has introduced technological progress and eliminated some of the inequalities in the old society. He calls for "genuine autonomy", which means that Tibetans would control internal affairs. Since the imposition of Chinese rule, no Tibetan has ever held a position of real authority =97 all decisions are made by Communist Party leaders in Beijing, and their representatives in Tibet are all Chinese. Chinese authorities would do well to take him at his word. Maintaining a massive military presence in Tibet is enormously expensive, and the repression needed to prevent full-scale rebellion tarnishes China's international image. Autonomy is compatible with China's real interests in Tibet: a stable Tibet with Tibetans in charge of internal affairs and ultimate Chinese overlordship could satisfy both Chinese security concerns and Tibetan aspirations. The Dalai Lama has said that he is willing to talk any time and without preconditions, but future Tibetan leaders may not be so conciliatory. A new generation of radicalised Tibetans has grown up in exile, and many are fed up with the Dalai Lama's "middle way" approach. Increasingly, they are calling for direct action and the sort of violence often seen in other liberation movements, which brings great suffering but often yields better results. The present riots may be a foretaste of things to come, and a pragmatic assessment of the situation should lead Chinese authorities to rethink their policies. Australia could conceivably play an important role in this process. Prime Minister Kevin Rudd is viewed by Chinese leaders as someone who understands them and is sympathetic to Chinese sensibilities. A peaceful and stable Tibet is in everyone's interests, and if he were to press the case for autonomy during his upcoming visit, it might be better received than if it came from foreigners who are perceived as biased against China. Dr John Powers is reader at the Centre for Asian Societies and Histories at the ANU. Email: Tibet: Australia seeks access for its diplomats The Age Michelle Grattan March 21, 2008 AUSTRALIA has stepped up pressure on China by asking for its diplomats to be allowed to travel to embattled Tibet. The move came as China yesterday expelled the remaining foreign journalists from Tibet, and reportedly launched a massive military build-up in the capital, Lhasa, in reaction to the recent spread of violent protests against its rule of the region. Foreign Minister Stephen Smith said Australia was seeking permission for its diplomats to go into Tibet to ensure the safety and welfare of the remaining few Australians there, and to look out for the welfare of Tibetans. The Australian Government has instructed its officials in Beijing to again speak with Chinese officials to urge restraint and ask for further clarification of events in Lhasa and other Tibetan areas. The Government is keeping its language moderate while sending a firm message. "The Australian Government remains deeply concerned about Tibet and neighbouring areas," Mr Smith said. "The Government is particularly concerned by reports of violence extending into neighbouring provinces." Prime Minister Kevin Rudd said he understood that foreign diplomats resident in Beijing were entitled to travel to Tibet. Mr Rudd restated his view that "while we respect China's sovereignty over Tibet, there are many, many problems when it comes to human rights abuses". Mr Smith said the Government had not yet got a reply to its request for diplomatic access to Tibet, and it is not known which other countries have sought access. However, it is considered unlikely the Australian diplomats will be allowed in, and some sources said the Chinese may simply not respond to the request. Mr Smith restated the Government's calls for calm and restraint by all parties "and for the unrest to end quickly and without further casualties". Mr Smith said the Government believed it was in China's interests to resolve the situation peacefully and constructively. "Dialogue is the way ahead. Constructive and meaningful talks must take place as a matter of priority," he said. "The Australian Government has urged China to allow free access to Tibet and other affected areas so the international community and foreign media may gain an accurate understanding of what is occurring there." Officials at the Australian embassy in Beijing said they knew of six Australians still in Tibet. They had already helped 16 Australians depart. China releases video website 'blacklist' ABC NEWS ONLINE Posted Fri Mar 21, 2008 1:34am AEDT A Chinese video-sharing website has received an official government warning under new rules to curb pornographic, violent and political content. Industry insiders said the move could scare away future investors in the sector. Venture capital firms such as Sequoia, IDG and Steamboat Ventures have poured into the Internet sector in China - by some estimates now the world's biggest web market - in search of the next YouTube, which was acquired by Google. But the Chinese administration said late last year that only state-owned or companies can apply for licences to broadcast or stream video online. A lack of clarity over those definitions and uncertainty over how strictly they would be enforced has left the industry confused. Tudou, one of China's most popular video sites whose service was temporarily suspended last week, said it had received an official warning before the statement came out. "We're working hard to upgrade our systems to catch everything that needs to be caught," Vice President Dan Brody said by phone from Taiwan. Tudou's investors include Granite Global Ventures, IDG China and JAFCO, and its users publish more than 40,000 new videos each day, according to its website. "This is just a reminder that everyone has to stay on their toes and keep their content clean," added Mr Brody, a former Google executive. ++++++++ Blacklist ++++++++ Several of China's popular video websites have won backing by foreign venture capital heavyweights. But some industry players warned that foreign investors may become wary of throwing money into the country's

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