Criminal trials have commenced this week in Jayapura, against five Papuan political activists charged with criminal offenses following their involvement in last year’s peaceful assembly at the Third Papuan People’s Congress. The activists were among the hundreds of people arrested after Indonesian police and military forcibly shut down the gathering, killing at least three people and injuring approximately 90 others.

HRLC spokesperson, Tom Clarke, said the fundamental rights of all persons to freedom of expression, peaceful assembly and association are protected by International Covenant on Civil and Political Rights – which Indonesia ratified in 2006.

“These fundamental human rights must be recognised and respected by Indonesia. The exercise of such democratic rights and freedoms must be protected by law, not criminalised.

“Australia’s UN Security Council bid pitches us as a ‘principled advocate of human rights for all’. This is a prime opportunity for the Foreign Minister to take a principled stand against human rights abuses on our doorstep,” Mr Clarke said.

The Papuan activists, Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut and Selpius Bobii, are facing charges of treason in a region where people may be imprisoned for simply raising the West Papuan ‘Morning Star’ flag.

ILWP’s Jennifer Robinson called on the Australian Government to use its unique relationship with Indonesia to encourage the authorities to demonstrate their respect for human rights by dropping charges against the five activists.

“These trials should stop immediately, and Australia should do everything it can to help that happen. The prosecution of activists for peacefully expressing their political views has no place in a modern democracy. The Australian Foreign Minister, his department and embassy staff in Indonesia should make it very clear that the Australian Government firmly supports human rights and freedom of expression in the region,” Ms Robinson said.

Ms Robinson also called on the Australian Government to deploy embassy staff to observe the legal proceedings for the purpose of ensuring that the protesters receive a fair trial.

The trial is scheduled to resume on Wednesday 8 February.

For further comments:
ILWP’s Jenifer Robinson, +447767707566 (UK) +61423871773 (Aus)
HRLC’s Tom Clarke on Tom.clarke@hrlc.org.au or +61(0)422 545 763

“There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the HRLC’s Director of Policy and Campaigns.

The Bill to be introduced by Greens Senator Sarah Hanson-Young seeks to remove the mandatory sentence of 5 years with a 3 year non-parole period that flows from the offence of aggravated people smuggling.

Ms Ball – who last November gave evidence about the laws to the Senate Legal and Constitutional Affairs Committee – said the mandatory sentencing requirements of the Act prevent judges from exercising common sense or discretion. The laws have recently been criticized by one judge as imposing “savage penalties upon the ignorant, who are simply being exploited by organisers”.

“We’re not talking here about the organisers of people smuggling operations. These are generally young men or boys recruited from small Indonesian villages with the promise of a bit of cash for jobs like cooking rice,” Ms Ball said.

Mandatory sentences for people smuggling offences contravene the prohibition on arbitrary detention and the right to a fair trial contained in the International Covenant on Civil and Political Rights. These principles require that the punishment fit the crime, but mandatory sentencing prevents the Court from differentiating between serious and minor offending and from considering the particular circumstances of the individual.

The HRLC is urging MPs of all parties to use Senator Hanson-Young’s Bill as an opportunity to fix flawed legislation that puts Australia out of step with other modern democracies.

“Even the Government majority on the Senate Legal and Constitutional Affairs Committee has expressed concern regarding the impacts of the application of mandatory sentencing on individuals hired as boat crew for people smuggling vessels and has recommended that the Attorney-General review the legislation,” Ms Ball said.

“This regime threatens to see hundreds of impoverished Indonesian fishermen and boys jailed for a minimum of 3 years. It violates human rights, costs taxpayers tens of millions of dollars and is likely to have no impact on people smuggling. It’s time we fixed it,” Ms Ball said.

For further details or comments, contact Rachel Ball on 0434 045 919

The head of the Immigration Department, Andrew Metcalf has warned a parliamentary inquiry that the dramatic increase in the number of boats since the Hight Court’s decision forced the Government to halt offshore processing has justified the concerns he raised following the collapse of the Malaysia solution.

Conscience vote on gay marriage wins favour

A new poll shows that an overwhelming majority believes that all MPs should have the opportunity to vote their conscience on same sex marriage. The Herald/Nielsen poll showed that 81 per cent of people believe there should be a conscience vote on the issue. Meanwhile, Opposition leader Tony Abbot has given his strongest indication that he will not support moves for Liberal MPs to have a conscience vote. “It was the clear policy of the coalition at the election that marriage was between a man and a woman…every single member of the coalition was elected on that position and I don’t think we can break faith with the electorate.”

‘The protester’ named Time’s person of 2011

Time Magazine has awarded its annual person of the year to ‘the Protester’ citing the Arab Spring uprisings, the global Occupy movement and the recent Russian protests over elections as examples of how the protests have “redefined people power” around the world and been the force behind the biggest news stories of the past 12 months.

Release sought for asylum boy who attempted suicide

A 17 year old boy who attempted to commit suicide has become the focus of a legal challenge into the prolonged detention of recognised refugees whilst they are awaiting ASIO security checks. The claim seeks to have the immediate release of the 17 year old into community detention. The claim also posed the question regarding the duty of care Immigration Minister Chris Bowen has to unaccompanied children left to deteriorate into a state of mental illness.

Sharia a good fit in some areas says academic

A lecturer at Sydney Law School, Ghena Krayem has said that Australia’s Muslim population would not seek to move towards a parallel legal system, if Islamic practices were integrated better into the current legal framework.  Dr Krayem said in areas where both systems overlapped, such as marriage and divorce, a greater integration of Islamic principles is an appropriate means of ‘enhancing social cohesion, without legislative change.’

Roxon lets down bill of rights backers

Human rights activist, Mary Kostakidis has expressed disappointment that new Attorney-General Nicola Roxon has seemingly departed from her previous desire to introduce a Federal Bill of Rights.  The Australian reports that in 2004 and 2005 when Ms Roxon was opposition spokesperson on legal affairs she was a strong advocate for a Bill of Rights. However, she told reporters on Monday, following her appointment ‘she had no aspirations to introduce one now’.

Occupy movements fights for its future

Police actions in the United States, the pending European winter, and a struggle to maintain a united message has left the global Occupy movement reeling.  A Sydney occupier, Erima voiced her concerns at the recent gathering of Occupy Sydney participants “…are we about the 99 per cent and the movement? Or are we about occupation for an occupation’s sake?

Juries lie at the heart of justice

The 14 December editorial of the Daily Telegraph has called for the retention of jury trials, rejecting the assertion by Justice Peter McClellan of New South Wales that modern trials have become too complex for juries to adjudicate on.  Justice McClellan noted that while previously juries merely had to deal with the testimony of witnesses now they have to deal with the conflicting testimony of scientists. “If there are difficulties for a judge in resolving disputes between experts these difficulties will be greater (for) lay people” he said.

Same-sex marriage still on the agenda in Australia
The Federal Labour Party has shifted its official policy in support of same-sex marriage although ALP politicians will have a conscience vote on the issue. Changes to the Marriage Act are still unlikely to succeed unless all parties allow a conscience vote.  Opposition Leader Tony Abbot has dampened hopes of a Liberal Party conscience vote.  Meanwhile, the Queensland Parliament has passed a bill to allow civil unions for same-sex couples in line with the existing laws in NSW, Victoria, ACT and Tasmania.

ALP returns to offshore processing policy
Immigration Minister Chris Bowen, at the recent ALP national conference, won support for his proposal to aspire to increase Australia’s refugee intake while embracing offshore processing. The proposal was criticized by refugee advocates, including Julian Burnside QC and the ALP’s Left faction. Meanwhile a boat of asylum-seekers, purportedly the largest since 2009, has arrived Christmas Island with Minister Brendan O’Connor citing the recent High Court decision and the withdrawal of legislation which would have ‘legitimised’ offshore processing as the reason for recent increase in the numbers of asylum seekers. 

Court quashes Kimberley gas hub land grab
The Supreme Court of Western Australia has invalidated the State Government’s attempt to compulsorily acquire land for a gas hub in the Kimberley. Chief Justice Wayne Martin held that the notices of intention failed to provide an adequate description of the land.  Accordingly, the notices were rendered invalid.

Police action leaves tent protester semi-naked
An occupy Melbourne activist dressed in a tent costume to ridicule the banning of camping equipment being used as part of the ongoing protests had a police officer remove the tent costume, leaving her semi-naked. The protestor has accused the police officer of sexual assault.

Violence continues in West Papua following ‘Independence Day’ demonstrations
West Papua’s unofficial ‘President’, Forkorus Yaboisembut, has marked the 50^th anniversary of Papua’s unofficial independence day by calling on democratic countries to support the West Papuan’s rights to self determination. Two people were reportedly shot as a result of Independence Day demonstrations and further clashes have since occurred with reports of two Indonesian police officers being killed by the OPM and the anti-terrorist brigade responding by setting fire to schools, a church and houses in the highlands.

Former ACT Chief Minister wants greater accountability for deaths in custody
In a speech delivered as part of Human Rights Week, former ACT Chief Minister, Jon Stanhope has called for greater accountability for deaths which occur in custody.  Mr Stanhope proposed that all deaths in custody in Australia, including in immigration centers should be covered by corporate murder laws.

ACT’s human rights push
ACT Attorney General, Simon Corbell has announced he will impress upon his Cabinet collogues to extend the territory’s human rights regime to also include economic, social and cultural rights. Mr Corbell’s comments follow recommendations of a research report conducted in 2009 and 2010 in which the Department of Justice and Community Safety was a participant in.

Remove racism of a previous era from the heart of our constitution
Graham Bradley, the former President of the Business Council of Australia has suggested that the Constitution be amended to remove from its text ‘the last vestiges of racism’. In December 2010 Mr Bradley was appointed by Prime Minister Gillard to a panel to advise how appropriate constitutional recognition of the ‘traditional owners of the continent and waters’.

The Coroner’s Court this week delivered findings on the death of 15 year-old Tyler Cassidy, who was shot by police in 2008.  Judge Jennifer Coate said that Tyler’s death “must signal an immediate and urgent need for Victoria police to focus its training, on developing the ability to recognise and manage vulnerable young people”. In an editorial The Age echoed the call for urgent reform of police training. Judge Coate also recommended that an independent person with a law degree should be present as an observer when the officers involved in similar incidents are interviewed by other police.  Anna Brown from the HRLC said an independent observer was ”only a partial answer” to the perceived conflict of interest.

Parliamentary Scrutiny Bill provide a modest but critical contribution protection of human rights

The passage of important legislation which requires the Federal Parliament to consider international human rights obligations when passing new laws has been warmly welcomed by the Human Rights Law Centre.

Racial Discrimination Act strikes the right balance

Ron Merkel QC says the Racial Discrimination Act (RDA) strikes the right balance between freedom of expression and protection against racial vilification. Mr Merkel recently acted for a group of light-skinned Aboriginal complainants who were racially vilified by columnist Andrew Bolt and the Herald Sun. The respondents have reportedly decided not to appeal against the findings of racial vilification.

Penny Wong rejects conscience vote on same sex marriage

Senator Penny Wong has spoken out against a proposed conscience vote on same-sex marriage. “Equality should not be a matter of conscience; it should be reflected in Labor policy”, wrote Senator Wong in The Age this week.

Slavery and human trafficking on law reform agenda

The Federal Government is seeking public comment on draft legislation to broaden the crime of slavery and people trafficking. The bill would reportedly create new offences such as forced labour and forced marriage, and would make it a crime for anyone to harbour a victim of trafficking or slavery.

‘Milestone’ as more women to enter PNG’s parliament

Papua New Guinea passed a bill this week that will set minimum quotas for women in its parliament. The bill will reportedly reserve 22 of the total 109 parliamentary seats for women.

Five year sentence for “lower end” people smuggling offences

A Northern Territory court has sentenced people smugglers to five years in prison with a three-year non parole period. Chief Justice Riley reportedly said that both men were at the “lower end” of offending, despite being in “serious violation” of Australia’s security. Meanwhile Lawyers in Victoria are arguing that because it’s legal to seek asylum it should be legal to assist people to seek asylum in Australia.

Burma’s ‘secret peace talks’

With US Secretary of State Hillary Clinton set to visit Burma in December, the Burmese government is reportedly holding peace talks with ethnic groups on the Thai-Burma border. The US has made it clear that it will not lift economic sanctions against Burma unless human rights abuses in the country cease.

‘Stronger futures’ for Indigenous Australians

The federal government this week introduced its ‘stronger futures’ legislation, aimed at tackling the systemic disadvantage of Aboriginal and Torres Strait Islanders people. The bills were introduced into federal parliament amid criticism from the Northern Territory opposition that it “stamp[s] all over Territory rights once again”. Social Justice Commissioner Mick Gooda welcomed the legsilation as a possible “long term solution” to the problems of chronic disadvantage.

Mental Health Commission to be run by those with personal experience

Under proposed NSW laws, a new Mental Health Commission must be run by a person with a direct experience of mental illness.  Either the Commissioner or Deputy Commissioner of the powerful new body will have a personal experience of mental illness. The proposal has been praised by mental health advocates, who say that including people with mental illness at a high level could set a vital precedent.

Commission to inquiry into underage detainees

The Australian Human Rights Commission announced that it will inquire into the detention of suspected people smugglers who might be underage. Meanwhile, the Greens propose to introduce legislation that will require the government to prove a person is over 18 before placing them in adult detention facilities and prisons.

Occupy Melbourne protesters will have their day in court
The Federal Court has made directions for a ‘speedy trial’ to determine the rights of Occupy Melbourne protesters to maintain protest camps in Melbourne’s Treasury Gardens. Last week the Court dismissed an application by for an urgent interlocutory injunction which would have temporarily allowed protesters to use tents and erect signs in the gardens.  The Human Rights Law Centre is part of a legal team representing James Muldoon, one of the protesters.  Approximately 60 police officers were deployed to the Treasury Gardens on Wednesday to enforce the packing-up of tents.  Meanwhile, Occupy protesters continue to fight legal battles in New York and London.

Charges dropped against children in Australian prisons on people smuggling charges
Australian Federal Police have reportedly dropped charges against at least 33 Indonesian children held in Australian adult prisons after a West Australian District Court ruled that wrist x-rays, previously used to establish prisoners’ age, were unreliable.  Up to 100 people claiming to be children remain in Australian prisons.  The detention of children in adult prisons is in breach UN Convention on the Rights of the Child claims Greens Senator Hanson-Young.

Concerns that cluster munitions may be stockpiled on Australian soil
Human rights groups, including the Human Rights Law Centre, remain concerned about loopholes in the Cluster Munition Prohibition Bill, which purports to give effect to Australia’s obligations under the Convention on Cluster Munitions.

Government moves to return asylum seeker to Afghanistan
Lawyers are trying to prevent the Federal Government’s deportation of a failed Afghan asylum seeker from Australia, despite fears he will be killed if he returns home.

Spotlight on West Papua ahead of Obama’s visit to Indonesia
Following the forcible closure of the Third Papua People’s Congress, human rights groups have called for Australia and the United States to use meetings at the East Asia Summit in Bali to press Indonesia into addressing concerns of ongoing abuse and violence in Papua. Meanwhile, thousands of West Papuans this week marched on the provincial capital of Jayapura demanding a referendum.

Australian Human Rights Commission (AHRC) Annual Report released
The AHRC has released its annual report highlighting achievements for the year, which include preparing for Australia’s Universal Periodic Review before the United Nations Human Rights Council the launch of a new resources package about the Declaration on the Rights of Indigenous Peoples.

Victorian AG backs bid to stop offenders changing names
Police would be given the power to prevent sex offenders, prisoners and parolees from changing their names, under draft laws being considered by the nation’s state governments.

Gillard hopes to resurrect Malaysia deal
Rights groups have decried the federal government’s decision to try and resurrect its asylum seeker swap deal with Malaysia, while the Federal Opposition will keep the government in suspense for another few days before revealing its final position on Labor’s bid to resurrect its Malaysian people-swap deal. The Federal Government should respect human rights and the rule of law and process asylum seekers onshore rather than seek to revive the Malaysia agreement, says Australian Human Rights Commission.

Double speak on Sri Lankan asylum seekers
Australia has lauded a crackdown by the Sri Lankan navy that stopped a boat carrying 44 people fleeing the strife-torn country to Australia, prompting a sharp rebuke from human rights advocates.

Australia’s Global Ambassador for Women and Girls
Australia has appointed a Global Ambassador for Women and Girls to promote gender equality and empowerment, particularly in the Asia-Pacific. (Shout out to Amnesty International Australia and Australian Council for International Development who joined the HRLC in proposing this role to the Foreign Minister in a meeting early this year.)

Police use of force: Reform needed to uphold the right
A new report by the Human Rights Law Centre has found that human rights-compliant regulation, training and monitoring of Victoria Police would reduce the incidence of use of force, provide better guidance and support to police in enforcing the law and protecting the community, and increase public confidence in policing. The study says on average, Victoria Police use force every two-and-a-half hours and that stricter rules should regulate police use of pepper spray.

Concerns about the independence of the Chief Psychiatrist
Victorian Premier Ted Baillieu is under pressure to expand a probe into patient deaths in mental health wards and to appoint a new inquiry head amid concerns about the independence of the Chief Psychiatrist.

Suicide on the rise
A Northern Territory group says suicide attempts are on the rise in Indigenous communities – in particular, so-called copy cat cases

Complaint with UN challenges indefinite detention of asylum seekers denied ASIO clearance
Four Tamil asylum seekers have been assessed as genuine refugees, but had their visas knocked back after being declared security threats by ASIO. Professor of law at Sydney University, Ben Saul, is co-ordinating an appeal to the United Nations Human Rights Committee on behalf of 38 asylum seekers in indefinite detention.

Human Rights Council September 2011 session
The HRC held the organisational meeting for its 18th session, running from 12-30 September, on 26 August. Twelve special procedure mandate holders will present their reports to the Council and engage in interactive dialogues. See the draft programme of work and the list of reports for more information. The HRC’s annual report includes a preliminary assessment of extractive industries operating in or near indigenous territories.

Queensland police use Taser on 12yo boy
Police have used a stun gun on a 12-year-old boy who had armed himself with weapons. The police ethical standards unit will review the incident.

Homelessness can be a matter of life and death
Toby Hall, chief executive of Mission Australia, writes on the worrying spike in the number of deaths of homeless people in inner Sydney.

Women choosing violence over homelessness
A leading community group says a lack of housing and homelessness support services is forcing women to remain in violent homes.

Homeless women in New York enforces right to freedom from police harassment
After being arrested and detained by police without charge, Sojourner Hardeman secured a federal judge-approved stipulation that she would not be arrested unless there was probable cause that she had actually broken the law.

Better healthcare for prisoners a matter of human rights, dignity and public health
An Age editorial noted the disturbing findings of a recent Ombudsman’s report on the state of the prison system, comparing this reality with the Victorian government’s obligations under the Victorian Charter to ensure that ”all persons deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person”. Prisoner rights advocate Charandev Singh described the level of mental health problems among prisoners as nightmarish.

Anti-Charter lobby wheel out their big guns
Speakers at a forum hosted by Liberal Party think tank the Menzies Research Centre in Melbourne this week, including former NSW Premier Bob Carr, stated that the Victorian Charter should be repealed because of fears that it is unconstitutional and will damage the standing of the judiciary. Meanwhile, Spencer Zifcak, President of Liberty Victoria, pointed to a lack of evidentiary foundation for such fears, drawing on comparative experiences in Britain, New Zealand and the ACT. Michael Kirby has also accused the media of bullying judges and publishing ludicrous criticism of Victoria’s human rights charter.

Further HRLC Submission to the Review of the Victorian Charter
The HRLC has made a further submission to the review of the Victorian Charter in response to issues raised in other public submissions to the Scrutiny of Acts and Regulations Committee that are unfounded in evidence or based on myths or misunderstandings.

Britain should be proud of the Human Rights Act, and protect it
Nick Clegg has at last delivered an effective rebuttal to a series of intemperate attacks on the UK Human Rights Act made by prime minister David Cameron. Writing in the Guardian Geoffrey Bindman says the legislation embodies British values.

UN leader Ban Ki-Moon to visit Australia from 7 to 9 September
This will be the first trip to the country by a UN Secretary-General in more than a decade, said Australian Prime Minister Julia Gillard.

Corporate top ranks still closed to women
More than half of the senior executive teams of Australia’s top 200 listed companies remain completely female-free zones. Just 3% of CEOs and 13% of ASX200 board members are women, according to the latest EOWWA figures.

John Searle appointed as new chairman of VEOHRC
Victorian Attorney-General Robert Clark, who has been a critic of the charter, emphasised Searle’s appointment was based on merit, not politics. Searle would not be drawn on his stance toward the four-year-old human rights charter because it is the subject of a government review.

Pacific islands accuse Australia’s aid agency of coercion
Australia’s overseas aid agency has been accused of strong-arm tactics in the south Pacific by seeking to unfairly influence tiny island neighbours in a free trade deal, leaked documents reveal.

Donor governments should use aid leverage to dissuade Cambodia from enacting new law designed to muzzle NGOs
Human rights organisations are calling on donor governments to reassess their aid programs to Cambodia if the country passes a law that can be used to muzzle local and foreign NGOs.

Detainees denied medical treatment
A refugee advocacy group says three Curtin detention centre detainees were denied medical treatment for talking to a member of the public at a hospital waiting room. Meanwhile in Tasmania, Australia’s newest detention centre is within earshot of several firing ranges, prompting claims it poses a “serious risk” to their mental health.

Australia pulls out of UN Durban conference on combating racism
Australia has pulled out of the United Nations Durban conference to combat racism on grounds that it would likely result in unbalanced criticism of Israel and the airing of anti-Semitic views.

Two deaths follow the use of Tasers by UK police
A man who stabbed himself in the abdomen after barricading himself in his home, has died after being Tasered by police officers. This follows the death last week of 27-year-old bodybuilder after he was Tasered and sprayed with pepper spray by police during an arrest.

Hicks pledges prize money to torture victims, takes compensation claim to UN
Former Guantanomo Bay detainee and author David Hicks has said that he will donate his prize money to torture victims if he wins a Queensland Premier’s Literary Prize for his book Guantanamo: My Journey, which was shortlisted in the non-fiction category earlier this month. Hicks is currently appealing to United Nations’ Human Rights Committee, demanding compensation and an apology from the Federal Government for their actions in upholding and enforcing his unlawful charge and penalty.

Howard ‘called in US favour’ to charge Hicks
As he sought re-election in 2007, John Howard called in a political ”favour” from the US government to get any charge possible laid against David Hicks, former Guantanamo Bay chief military prosecutor Colonel Morris Davis’s  has claimed.

Helen Clark one of world’s most powerful women
Forbes Magazine this week announced that Helen Clark, chief of the United Nations Development Programme (UNDP) and former Prime Minister of New Zealand, has been listed one of the world’s 100 most powerful women.

Human Rights Council sets up commission of inquiry into the situation in Syria
The Human Rights Council held a special session on the situation of human rights in the Syrian Arab Republic and proposed the creation of an independent commission of inquiry to not only investigate alleged abuses, but ‘where possible, to identify those responsible.

Geoffrey Robertson: Gaddafi must face fair trial by rule of law
Gaddafi should be sent to The Hague for fair trial in an international court for his crimes against humanity, writes Geoffrey Robertson.

Liberal Democrats draw line around human rights laws. Deputy UK Prime Minister Nick Clegg has issued a trenchant defence of human rights laws, setting out their strengths and saying his party will not let Conservatives water them down should there be a fresh push to renegotiate legislation.

Bob Katter’s gay brother speaks out for marriage equality
The gay brother of Bob Katter – the federal MP who claimed there were ‘‘no homosexuals in North Queensland’’ – has attacked his sibling’s comments on the same sex marriage debate.

Manus Island as inhumane as Nauru: Amnesty
Amnesty and refugee groups have criticised plans to reopen the Manus Island detention centre, after a memorandum of understanding agreeing to establish the centre was signed between Australia and PNG yesterday

Prominent Australian leaders call for asylum seeker policy based on human rights, not “half-truths and political cowardice”
Prominent business and union leaders have endorsed a new strategy on asylum seekers that would have mandatory detention phased out within two years and Australia’s intake of refugees significantly increased over five years. This coincided with the start of the full High Court hearing of a legal challenge to the Gillard government’s controversial ”people swap” agreement with Malaysia.

Concern for Minors Still Locked Up In Australia
The Australian government continues to detain Indonesian minors on human trafficking charges but none have yet faced trial, a rights activist said on Sunday.

Washington Post: solitary confinement should be a last resort
At any given time, 25,000 to 100,000 inmates are held in solitary confinement throughout the US.

Bad rooming houses to be left unchecked
Hundreds of rooming houses are failing to meet minimum safety standards, according to new figures, but the state government is refusing to go after existing rogue operators by enforcing a stricter licensing system.

An ailing 96-year-old British woman has won the right to stay in Australia with her only surviving relatives.

Australia’s Cluster bombs bill a law of loopholes

Writing in the National Times, Bonnie Docherty from Human Rights Watch, says if the Senate passes the current Cluster Munition Prohibition Bill without amendment, Australia will be in the unfortunate position of having arguably the world’s weakest national law to carry out the international ban on cluster munitions. GetUp! is currently running a public awareness campaign on this issue.

UN sees possible crimes against humanity in Syria

In the OHCHR Fact-Finding Mission Report released yesterday, UN High Commissioner for Human Rights Navi Pillay recommended that the UN Security Council refer Syria’s crackdown on pro-democracy protesters to the International Criminal Court. Syria’s President Assad has “lost all legitimacy and can no longer claim to lead the country” said the leaders of the UK, France and Germany, calling for Assad to stand down in a joint statement yesterday.

Concerns continue 20 years on from Royal Commission into Aboriginal Deaths in Custody

A group of Australian community legal centres has written to the federal government with what it says are ongoing concerns about police accountability.

Psychiatric patients being detained without review

Psychiatric patients who have been detained involuntarily are being held without independent review for more than a month, and some hospitals are refusing access to lawyers and providing inadequate information to patients and their families.

Baillieu Government’s youth sentencing plan flawed

Anglican Archibishop of Melbourne Dr Phillip Freier, Law Institute of Victoria President Caroline Counsel and University of Melbourne Associate Professor in Psychology Jeanette Lawrence have criticised the Baillieu Government’s mandatory sentencing plan for juveniles during a public forum held by the Anglican Diocese of Melbourne on Tuesday morning. Meanwhile, the state government’s plans to introduce mandatory jail terms for some young criminals were dealt a major blow after the Victorian Court of Appeal ruled that general deterrence played no part in the sentencing of children.

Mandatory immigration detention inherently harmful

Australian Medical Association president Dr Steve Hambleton has slammed mandatory immigration detention as “inherently harmful to physical and mental health” during an address to the association’s parliamentary dinner on Wednesday, attended by Prime Minister Julia Gillard and Opposition Leader Tony Abbott. Meanwhile, the full extent of despair and unrest in Australia’s immigration detention centres has been exposed, with documents released on Wednesday showing 1507 detainees were hospitalised in the first six months of this year.

High Court injunction as majority of Australians back onshore processing

Following the High Court decision to uphold an injunction preventing asylum seekers from being deported to Malaysia, which George Williams argues has pitched Immigration Minister Chris Bowen against basic refugee rights, a Nielsen poll taken at the weekend shows 53 per cent of Australians are willing let boat people land here to have their claims for protection assessed onshore. David Manne writes There is a better Australia out there that doesn’t demand we turn our backs on boat people, while Leanne Weber and Sharon Pickering writes that evidence is building that increased border controls generally inflate the risks faced by those who are driven by force of circumstance to make unauthorised crossings. Meanwhile, Labor MP, Anna Burke, says her government’s plans to reopen the asylum seeker detention centre on Papua New Guinea’s Manus Island.is a return to the policies of John Howard’s government.

Australia commended over UN declaration

Australia’s peak HIV/AIDS organisation has congratulated the federal Government for its role in shaping the United Nations (UN) Political Declaration on HIV/AIDS that for the first time explicitly recognises gay men, sex workers and injecting drug users as high-risk transmission groups.

UN provides robust critique of the Australia’s draft Baseline Study

The Office of the High Commissioner for Human Rights (Regional Office for the Pacific) has delivered a submission to the Attorney-General’s Office criticising the government’s Draft Baseline Study for a National Human Rights Action Plan.

UN calls for children’s commissioner

The United Nations High Commissioner for Human Rights has urged the Gillard government to create the position of a children’s commissioner to champion the interests of vulnerable minors.

Extradition laws inadequate in preventing complicity in death penalty

Australians could still face the death penalty overseas as a result of tip-offs from federal police despite legal moves to prevent a repeat of the Bali nine controversy.

Calls for strong bipartian support for the national disability insurance scheme

Peter van Onselen writes in the Australian that support for disability policy should be no-brainer. This week the Productivity Commission handed down its final report into the state of disability support and care in this country, which included a recommendation for a national disability insurance scheme.

David Cameron ‘twisting and misrepresenting’ human rights

By linking riots with UK Human Rights Act, the PM “corrodes respect for rights & rule of law” wrote Benjamin Ward of Human Rights Watch on Wednesday.

Tamil killings were just collateral damage, says Sri Lanka

THE top Sri Lankan diplomat in Australia has rejected a call by the Foreign Minister, Kevin Rudd, for the United Nations to re-examine allegations of war crimes during the bloody end to the country’s three decades of civil war.

Weaken or repeal Victoria’s Charter of Human Rights? Koda says ‘Naaaaay!

In the HRLC’s campaign to strengthen Victoria’s Charter of Human Rights we’re pulling out all stops. We’re producing thorough evidence-based submissions, providing testimony to parliamentary committees and… (ahem) employing the help of an adorable miniature horse with dwarfism named Koda. The state’s charter of rights is dividing opinion as a decision on its fate looms.