Attached is a submission by the by the Human Rights Law Resource Centre Ltd (’HRLRC’) to the Senate Finance and Public Administration Legislation Committee Inquiry into the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005.

The HRLRC aims to bring the influence of international human rights norms and principles to bear on domestic law and policy.

The submission examines and discusses the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005, particularly those provisions pertaining to:

1. the franchise of prisoners;
2. the timing of closure of the electoral roll; and
3. proof of identity requirements.

The submission starts at Part 2 by providing an overview of the right to vote under international human rights law, particularly art 25 of the International Covenant on Civil and Political Rights. In addition to discussing the application of this fundamental right in general terms, it also considers exercise of the right by Indigenous people and prisoners and Australia’s obligations in these areas.

Part 3 of the submission examines and discusses the proposals under Items 14 and 15 of Schedule 1 of the Bill to deny the right to vote to any person serving a sentence of imprisonment. With reference to the human rights to vote and to non-discrimination, the proposal is discussed in general terms and in terms of the likely discriminatory disenfranchisement of Indigenous people.

Part 4 of the submission examines and discusses the proposal under Items 18 and 29 of Schedule 1 of the Bill to impose more onerous proof of identify requirements on applicants for enrolment. It also considers the proposal under Item 20 to close the electoral roll on the day that the election writ is issued. The proposals are particularly considered in the context of their likely impact on exercise of the right to vote for people experiencing homelessness.

Part 5 of the submission concludes that numerous of the Bill’s provisions are inconsistent with international human rights principles and standards and Australia’s obligations in respect of those norms. The submission therefore recommends that the Bill not be passed in its current form.

Found in Domestic Submissions, Focus Areas - People in Detention, Law Reform and Policy Work, Our Work, Prisoners, Prisoners (topic1), Submissions - Prisoners' Rights