A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council on Australia, setting out key human rights issues and concrete recommendations, including in relation to:

• the legal recognition and protection of human rights
• Australia’s cooperation with international human rights mechanisms
• equality and non-discrimination
• women’s rights
• children’s rights
• the rights of people with disability
• GLBTI rights
• Indigenous rights, including in respect of the Northern Territory Intervention, the criminal justice system, native title, the Stolen Generations, Stolen Wages, and access to adequate health care, housing and education
• the rights of migrants, refugees and asylum seekers
• prisoners’ rights and conditions of detention
• police use of force and oversight and complaint mechanisms
• the administration of justice
• homelessness
• mental health care
• human rights and counter-terrorism
• business and human rights
• international assistance and Australian foreign policy

The report was submitted to the UN Human Rights Council in Geneva on 12 July 2010.

Further information on Australia’s review under the UPR process is available at www.hrlrc.org.au/content/topics/international-human-rights-mechanisms/universal-periodic-review-of-australia-in-february-2011/.

The submisssion of the Australian Human Rights Commission for the UPR is at http://www.humanrights.gov.au/upr/index.html.

The Australian Government report for the UPR is at www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_InternationalHumanRights_UniversalPeriodicReview. 

In July 2010, the Human Rights Law Resource Centre, together with the National Association of Community Legal Centres, submitted a major NGO submission on Australia to the UN Committee on the Elimination of Racial Discrimination. 

The report, which was endorsed by a coalition of over 100 NGOs, details that racial and religious minority groups in Australia continue to experience racism in their daily lives and to suffer unequal human rights treatment and outcomes.  There remain serious concerns about the racially discriminatory character and impact of a range of Australian laws, policies and practices.  Many of the advances in human rights protection since the election of the Labor Government in 2007 have been symbolic in nature; structural changes necessary to turn commitments into practice still need to be made.

The NGO report documents areas in which Australia is falling short of fulfilling its obligations under CERD and focuses on areas that have been the subject of extensive NGO activity and research in Australia.

Subjects detailed in the report include:

• the lack of sufficient legal protection from racial discrimination in Australian law, policy and practice, including the ineffectiveness and, at times, unavailability of remedies for violations;
• the ongoing discriminatory outcomes experienced by Aboriginal and Torres Strait Islander people in the enjoyment of many civil, political, economic, social and cultural rights;
• the impact of the Northern Territory Intervention on Aboriginal and Torres Strait Islander peoples;
• the adverse impact of laws, policies and practices on asylum seekers, refugees and other non-citizens;
• the various forms of discrimination faced by migrant communities in Australia;
• the impact of Australia’s counter-terrorism laws on Somali, Kurd and Muslim communities in Australia; and
• the need for better implementation of Concluding Observations of human rights treaty monitoring bodies and a worrying trend in Australia’s response to views of those bodies.

The report contains concrete recommendations for Australian authorities, which would bring Australia more fully into compliance with its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination; an Australia in which all persons can live with freedom, respect, equality and dignity.

On 6 July 2010, the Human Rights Law Resource Centre made a Follow-Up Submission on Implementation of the Human Rights Committee’s Concluding Observations on Australia.  The submission updates the Committee as to:

• the four Concluding Observations about which the Committee requested relevant information on implementation from Australia within one year (namely, counter-terrorism law and policy, the Northern Territory Emergency Response, violence against women and mandatory immigration detention); and
• the outcomes of the National Human Rights Consultation.

Further background information on each of these issues is contained in the comprehensive NGO Report, Addendum and fact sheets provided to the Committee in 2009, available at http://www.hrlrc.org.au/content/topics/civil-and-political-rights/un-human-rights-committee-review-of-australia-march-2009/.

A coalition of NGOs has prepared a 5 page report on human rights in Australia, setting out key issues and concrete recommendations.  The principal authors of the report are the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres.

Non-government organisations are invited to endorse this report in whole or in part. 

Notifications of endorsement should be sent to Louise Edwards (louise_edwards@clc.net.au), Anna Cody (acody@unsw.edu.au) and Ben Schokman (ben.schokman@hrlrc.org.au) by no later than Friday 9 July 2010.

The report will be sent to Geneva on Monday 12 July 2010.

Further information on Australia’s review under the UPR process is available at http://www.hrlrc.org.au/content/topics/international-human-rights-mechanisms/universal-periodic-review-of-australia-in-february-2011/. 

As the Federal Government prepares its response to the report of the Joint Parliamentary Committee on Foreign Affairs, Defence and Trade, ‘Human Rights and the Asia-Pacific: Opportunities and Challenges’, this policy brief on ‘Human Rights in the Asia-Pacific: Australia’s Role and Responsibilities’ contends that Australia should develop a comprehensive policy on human rights in the region.  The brief makes 21 concrete recommendations for action in the following areas:

• Human Rights as a Key Instrument and Aim of Australian Engagement in the Region
• Adopting a Human Rights-Based Approach to Aid and Development Assistance
• Adopting a Human Rights-Based Approach to Military and Security Cooperation
• Empowering Communities and Supporting NGOs
• Human Rights Treaty Ratification and Implementation
• Strengthening Human Rights Institutions
• Enhancing Parliamentary Engagement with Human Rights
• Human Rights Envoys and Ambassadors

This brief is the fifth in a series of policy papers designed by the Human Rights Law Resource Centre to inform and advance the human rights agenda in Australia.  Each brief identifies a human rights problem or opportunity, discusses the imperative for action, analyses relevant evidence, and makes concrete recommendations for Australia to advance the agenda at the international and national levels. 

Policy Brief on an Agenda to Promote Equality and Address Discrimination in Australia
(24 May 2010)

The policy brief on ‘Promoting Equality and Addressing Discrimination in Australia’ identifies that the law can and should play a central normative and educational role in advancing meaningful equality for all Australians.  This requires a shift away from an outdated and ineffective complaints-based, remedial model of anti-discrimination laws.  Instead, Australian law should promote a rights-based model of substantive equality which emphasises equal outcomes and addresses structural causes of inequality.  This would contribute to a more fair, cohesive and productive society.

The brief makes 7 concrete recommendations for action, including that:

1. The Government should release an exposure draft for a single, comprehensive Equality Act which promotes and enshrines a legal right to substantive equality.
2. The federal Equality Act should include a provision mandating that, after four years of operation, an inquiry be held into a constitutional amendment aimed at enshrining the right to equality.
3. The Federal Government should require public bodies to consider equality in policy development, spending and service delivery. 
4. The Federal Government, its agencies and public authorities should use public procurement to promote equality and assess suppliers on the progress that they are making in reducing inequality.
5. The Federal Government should show political leadership and support for the equality agenda by appointing a Minister for Human Rights and Equality who should hold a seat in cabinet.
6. All public bodies should produce and publish annual equality reports. 
7. The Australian Human Rights Commission Act should be amended to provide that all Commissioners are to submit a report, to be tabled in Parliament, regarding the status of human rights in Australia within their areas of responsibility and containing concrete recommendations to enhance human rights in these areas.  Further, the Commission should be adequately resourced to discharge this function. 

Policy Brief on Protecting Privacy while Responding to Terrorism
(3 May 2010)

The policy brief on ‘Protecting Privacy whilst Responding to Terrorism’ contends that the Australian Government should become a world leader in protecting the rights of its people to be safe from both terrorism and from undue interference with privacy.  Governments have a duty to protect the rights, lives and safety of people within their territory from legitimate threats of terrorist attacks.  However, protecting the community from terrorism and protecting human rights are not mutually exclusive.

The brief sets out the steps for the Australian Government to take to implement the approach to privacy protection recommended by the UN Special Rapporteur on Human Rights and Counter-Terrorism.  In particular it sets out important steps to be taken domestically, in both law and policy, and also opportunities to lead international developments such as a global declaration on data protection.

Policy Brief on Foreign Policy and Human Rights
(6 April 2010)

The policy brief on ‘Foreign Policy and Human Rights’ contends that human rights should be both a key goal and a key instrument of Australian foreign policy.  It sets out that, despite identifying ourselves as a ‘principled advocate of human rights for all’, and demonstrating significant commitment to human rights in practice, Australia has not developed a comprehensive, consistent and coherent policy on human rights and foreign affairs.  Such a policy could integrate human rights in all areas of Australian foreign affairs and capitalise on the benefits of doing so.

The brief maintains that Australia’s approach to human rights and foreign policy should be progressive, principled and persistent.  It sets out 14 concrete recommendations for action at the international, regional and domestic levels under the headings of:

• a principled approach to universal human rights and accountability;
• multilateralism and engagement with the United Nations; and
• empowering communities and supporting NGOs.

Policy Brief on Business and Human Rights
(22 March 2010)

The policy brief on ‘Business and Human Rights’ contends that the further development and operationalisation of the business and human rights agenda presents a significant opportunity and responsibility for Australia, both at the international and domestic levels.  It contains 15 recommendations for Australian action at the international and local levels.

The brief makes 6 concrete recommendations for Australian action at the international level, including explicitly adopting the Special Representative’s framework as a basis for Australia’s approach to corporate human rights law and policy, and conducting conduct human rights impact assessments of proposed multilateral and bilateral trade and investment agreements, together with major public-private projects. 

The brief makes 8 recommendations for Australian action at the local level, including using public procurement to reinforce the responsibility of business to respect human rights and to promote socially and environmentally responsible governance, and amending the Corporations Act 2001 to require (or at the very least explicitly permit) directors to consider human rights issues as an aspect of their duty to act in the best interests of the company. 

The Centre’s submission outlines practical steps and measures, including legislative, administrative and financial measures, for the Australian Government to improve the promotion and protection of social and economic rights, including in relation to:

• the legal protection of rights;
• the mandate, functions and powers of the Australian Human Rights Commission;
• anti-discrimination legislation;
• the Northern Territory Intervention;
• Indigenous self-determination and political participation;
• gender equality;
• homelessness;
• Indigenous health, education and language and land rights;
• mandatory immigration detention; and
• human rights education in Australia. 

The HRLRC’s submission:

• addresses positive developments that should be included in the Australian Government’s report; and
• identifies a number of areas of concern and challenge regarding the protection and promotion of human rights in Australia.

Further information on Australia’s review under the UPR process is available at http://www.hrlrc.org.au/content/topics/international-human-rights-mechanisms/universal-periodic-review-of-australia-in-february-2011/. 

Notwithstanding Australia’s international legal obligations, however, the Commonwealth has not established formal domestic mechanisms to ensure comprehensive parliamentary scrutiny of human rights.

On 5 March 2010, therefore, the Centre made a Submission to the Inquiry into the future direction and role of the Senate Scrutiny of Bills Committee, entitled ‘Parliamentary Committees and the Promotion and Protection of Human Rights’. 

The Centre’s submission focuses on Terms of Reference 1(c) and 2, namely:

1. what, if any, additional role the Committee should undertake in relation to the human rights obligations applying to the Commonwealth; and
2. the role, powers and practices of similar committees in other jurisdictions. 

As an overarching proposition, the HRLRC considers that parliamentary committees should play a more significant role in the promotion and protection of human rights in Australia. 

This should occur in two primary ways:

1. the mandates of all relevant parliamentary committees should require that the committee give proper consideration to the Commonwealth’s human rights obligations, including Australia’s obligations under all international human rights treaties to which it is party; and
2. the Parliament should establish a Joint Committee on Human Rights to lead parliamentary engagement with and understanding of human rights issues. 

The proposed Joint Committee on Human Rights should be mandated to:

1. scrutinise all Bills and subordinate legislation for compatibility with human rights;
2. conduct thematic inquiries into human rights issues;
3. monitor and report on the implementation of the Concluding Observations, Recommendations and Views of UN treaty bodies and the Recommendations of the Special Procedures and the Universal Periodic Review of the UN Human Rights Council; and
4. monitor and report on government responses to Declarations of Incompatibility (under any Australian Human Rights Act) and other relevant court and tribunal decisions and judgments. 

This paper, entitled ‘Australia, Human Rights and Foreign Policy’ (2009) 34(4) Alternative Law Journal 218, responds to three issues raised by that call:

• First, why should Australia strive to be a ‘AAA human rights state’?
• Second, does Australia have the necessary characteristics and satisfy the preconditions to become such a state?
• Third, what are some of the steps and measures that Australia should take, including particularly at the international and regional levels, to pursue this path if, indeed, it is a path worth pursuing?

The paper argues for a human rights-based approach to foreign policy, contending that Australia’s international, regional and bilateral approach to human rights should be persistent and principled, fearless and forceful.

It contends that Australia should strategically position itself as an outstanding international citizen and human rights promoter, including by developing a consistent and comprehensive strategy on human rights and foreign policy. That policy should seek to mainstream and integrate human rights across all areas of Australian foreign policy, including aid, development, trade, investment, migration, environment, business and security. It should contain concrete measures and commitments to promote and protect human rights in the region and internationally. Such a policy could enhance Australia’s international credibility as a human rights leader and build significant diplomatic capital.

The proposed initiatives are designed to respond to existing human rights challenges and to capitalise on emerging human rights opportunities.

 They include:

• the development of a comprehensive, integrated strategy on human rights and foreign policy;
• the development of a human rights agenda for Australia’s UN Security Council candidacy;
• ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, together with a range of other human rights instruments;
• the development of a detailed plan and consultative process to prepare for the UN Human Rights Council’s Universal Periodic Review of Australia;
• the nomination of Australian experts to UN treaty bodies and as Special Procedures of the UN Human Rights Council;
• the appointment of an Australian Human Rights Ambassador to promote human rights across all areas of foreign policy and development cooperation, and to ensure a coordinated and coherent approach to human rights at the international level;
• the provision of resources to assist Australian NGOs to engage with the UN human rights system;
• the funding of an Oceania network of human rights NGOs;
• the provision of resources and technical assistance to build human rights capacity in the Pacific, including by promoting treaty ratification and the establishment of national human rights institutions and a regional human rights mechanism;
• expansion of the AusAID Human Rights Small Grants Scheme;
• the establishment of an Australian Joint Parliamentary Committee on Human Rights;
• measures to operationalise the UN framework on business and human rights at the international and domestic levels;
• the enactment of comprehensive national equality legislation to promote substantive equality and address systemic discrimination; and
• the resourcing of Australian human rights education and advocacy.