The Rule of Law

There’s a widely known poem called First They Came…, which has been attributed to Pastor Martin Niemöller – a German concentration camp survivor. It was written to highlight the inaction of ordinary Germans during the rise of Nazism. Its text is somewhat debated, but Wikipedia assures me it goes something like this:

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for me,
there was no one left to speak out.

The sentiment of the poem has been widely repeated for a variety of causes, to point out the apathy of the people in response to organised campaigns against targeted groups which ultimately expand to engulf us all.

Friends of the Administration, Anti-flag recalled the poem in their recent song Émigré, (“First they came for the Communists, and I did not speak out. Then they came for the socialists, and I did not speak out. Next they came for the trade unionists, and I did not speak out. AND THEN THEY CAME FOR ME.”) – which is where I heard it first. Their song speaks broadly of the injustices of the US Administration:

"A hooded prisoner on the bay - These truths let freedom ring
A child Darfur refugee - Home of the free and brave
The ghosts of war who will not sleep - These truths let freedom ring
The poor who drown in bigotry - Will mark your grave"

Guantanamo, Darfur, a multi-front war and poverty; broad themes from Bush’s years at the helm and plenty to worry about without even mentioning illegal wire taps and other eroding civil rights. When I first heard the song, I wondered who our government was coming for first and the answer was obvious.

First they’re coming for the terrorists. Then for the suspected terrorists. Then for the families and friends of the suspected. Then for anyone who ‘looks’ or ‘acts’ like a terrorist (then for anyone who’s holidayed in the Middle East, has a copy of the Koran, or ever eaten a Kebab). The Rule of Law is being crushed under the stampede for security. It’s happening now and its happening here. If we don’t preserve the necessity for evidence, for proof beyond reasonable doubt and innocence until proven guilt - then all is lost. They’ve come for Hicks and for Jihad Jack and not a single piece of evidence has been heard (barring Hicks ‘admission’) – how long before they come for the rest of us and what rights will be left when they do?

Now I'm no terrorist sympathiser, The War on Terror is likely to be the great challenge of our generation. That War though, needs to be fought from whatever moral high ground we can muster and the foundations of our society (like tenets of Law which are non-negotiable) need to be heeded. Kevin Rudd and Labor should be standing firm on this issue and differentiating themselves from the Government, who are following the US lead and putting security fears ahead of the rights of individuals. Our democracy relies heavily on a fair and transparent judicial system. On this there should be no compromise. Not ever.