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Refugees and Asylum Seekers
In a submission to the Senate Legal and Constitutional Committee, the HRLC has recommended the enactment of the Crimes Amendment (Fairness for Minors) Bill 2011 (Cth). The Bill, introduced by Greens’ Senator Sarah Hanson-Young, responds to concerns about Australia’s treatment of children and persons claiming to be children who are suspected of people smuggling crimes. [...]
Proposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the [...]
Respect for human rights is the foundation of a community that is fair, just and inclusive. In our view, the promotion and protection of human rights should be a priority for the Australian Government and the office of the Attorney-General. Following Nicola Roxon’s appointment as Attorney-General on 15 December 2011, the Human Rights Law Centre prepared a Briefing Paper [...]
The United Nations Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo, has concluded her country visit to Australia. Ms Ezeilo conducted her official visit from 17 to 30 November to examine the situation of trafficked individuals and anti-trafficking measures in the country. Ms Ezeilo is an independent expert mandated by [...]
Australia is scheduled to be reviewed by the UN Committee against Torture for its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2012-13. This page contains a summary of the HRLC’s key activities and developments in relation to this review. HRLC outlines further issues for Australia [...]
The Deterring People Smuggling Bill 2011 was introduced into Parliament on 1 November 2011. On 3 November 2011 the Senate referred the Bill for inquiry and report. The Bill amends the people smuggling offences in the Migration Act 1958. Existing sections 233A and 233C of the Migration Act establish a primary people smuggling offence and [...]
On 31 May 2011 the Centre made a submission to the Senate Legal and Constitutional Affairs Committee opposing the enactment of the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. The Bill, introduced in response to recent unrest in the Christmas Island and Villawood Immigration Detention Centres, broadens the already significant power [...]
On 30 May 2011, the UN High Commissioner for Human Rights, Navi Pillay, delivered her report on the global state of human rights to the UN Human Rights Council in Geneva. The report deals with a wide range of international human rights issues, including Australia’s policy of mandatory immigration detention and the ongoing issue of [...]
Australia’s human rights record was scrutinised by the UN Human Rights Council through the Universal Periodic Review Process in January 2011. During that review, a significant number of countries asked questions and made recommendations about Australia’s immigration policies and the practice of mandatory detention. Australia gave a preliminary oral response to those questions during the [...]
The Australian Government has a legal obligation to implement key human rights reforms, according to a new submission from the Human Rights Law Centre [submission and annexure]. The submission to the Commonwealth Attorney-General’s Department considers each of 145 recommendations made to Australia by the international community during Australia’s Universal Periodic Review before the UN Human [...]
The HRLRC congratulates the Federal Government on the introduction of the Migration Act Amendment (Complementary Protection) Bill 2011 on 24 February 2011. Complementary protection is the duty owed by a State to not return people to face torture or other serious human rights violations in their country of origin, even if their cases do not [...]
In December 2010, the UN Committee against Torture issued a ‘List of Issues Prior to Reporting’ for Australia. The purpose of this List is to outline those issues which the Committee would like Australia to address and respond to in its next periodic report to the Committee, due in 2012. The issues on which the [...]
On 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics [...]
A high-level UN committee has found that Australia needs to take urgent measures to address racism and racial discrimination, disadvantage and inequality. On 27 August 2010, the UN Committee on the Elimination of Racial Discrimination released its Concluding Observations following a review of Australia’s compliance with the International Convention on the Elimination of All Forms of [...]
In August 2010, the UN Committee on the Elimination of Racial Discrimination reviewed Australia’s compliance with its international legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination. An NGO coalition, comprising the Human Rights Law Resource Centre, the National Association of Community Legal Centres and the Foundation [...]
On 24 August 2010, the Centre provided a Submission to the UN Committee against Torture setting out a number of issues which we consider the Committee should include in its List of Issues for Australia Prior to Reporting in respect of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or [...]
Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. 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 [...]
Australia is scheduled to be reviewed by the UN Committee on the Elimination of Racial Discrimination in relation to its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in Geneva in August 2010. In July 2010, the Human Rights Law Resource Centre, together with the National Association of Community [...]
On 2 April 2009, the UN Human Rights Committee adopted Concluding Observations in respect of Australia’s compliance with its obligations under the International Covenant on Civil and Political Rights. 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 [...]
The Endorsement Draft of the NGO Shadow Report to the UN Committee on the Elimination of Racial Discrimination is now available. The report has been prepared over the last 5 months in consultation with a broad range of community organisations and NGOs in Australia and we hope that it will also be supported by even wider [...]
On 3 June 2010, the UN Special Rapportuer on the Right to the Highest Attainable Standard of Health, Anand Grover, released his final report following a mission to Australia in November and December 2009. The report focuses on the standard of living and quality of health care and health services for Aboriginal and Torres [...]
The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals. The detailed opinion concludes that the Australian Government’s policy is unlawful [...]
The Senate Legal and Constitutional Affairs Committee is conducting an inquiry into the Migration Amendment (Complementary Protection) Bill 2009. Complementary protection is the protection owed by a State that falls outside the scope of the Refugee Convention. Complementary protection obligations are found in the non-refoulement provisions of various human rights treaties, including the International Covenant [...]
On 2 August 2009, the Centre made a Submission to the Senate Legal and Constitutional Affairs Committee on the Migration Amendment (Immigration Reform) Bill 2009. The Bill is intended to ’implement the Government’s New Directions in Detention policy to increase clarity, fairness and consistency in the way the Minister and the Department of Immigration and Citizenship respond [...]
On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia. The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Australian Government has called for [...]
On 29 May 2008, the Joint Standing Committee on Migration announced an inquiry into immigration detention in Australia. The Centre’s Submission to the Joint Standing Committee on Migration focuses on the need for Australia’s immigration detention regime to ensure the full implementation of Australia’s obligations under international human rights law. The Centre congratulates the Australian Government on its [...]
This submission examines and discusses the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, particularly so far as it provides for offshore detention of those deemed to be designated unauthorised arrivals, and an alternative method of processing such asylum seekers which does not: provide them access to legal assistance; allow for merits review; and allow for [...]
This Communication to the UN Human Rights Committee under the First Optional Protocol to the International Covenant on Civil and Political Rights was prepared and submitted by the Public Interest Law Clearing House (Vic) on behalf of an asylum seeker alleging violations of the right to freedom from torture pursuant to art 7 and the [...]
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