Human rights news and views for the week ending 2 September 2011

Malaysian Solution unconstitutional
The Australian High Court last week ruled that the Australia-Malaysia Transfer and Resettlement Arrangement is invalid and that any attempt to remove asylum seekers to Malaysia would be unlawful. Julian Burnside writes in the Drum that the big question following the High Court ruling is whether the Government or Opposition can forget about populism and instead solve the problem by acting decently. Australia’s community sector is calling on the Australian Government to abandon the current fixation with offshore ‘solutions’ and to establish a just and humane approach to Australia’s response to people seeking asylum. Annabel Crabb’s piece on the ABC’s The Drum provides a devastating critique on the Government’s woes.

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.