Some prominent Christian churchmen have lately spoken out against a human rights act or charter for Australia. The Rev. Elenie Poulos, a Minister of the Uniting Church in Australia and National Director of UnitingJustice Australia, provides a timely reminder us that there is also Christian support for such a charter, though this has been less publicised and discussed.

In March 2008, the Uniting Church in Australia formally committed itself to support the development of a charter of human rights for Australia. Read more:

Each year, Amnesty International releases a report on the state of the world’s human rights for the previous year. Australia does not escape scrutiny in these reports. In 2007, Amnesty International reported that discrimination against marginalised people continued and the flaws in Australia’s counter terrorism tactics were exposed.

The overriding of the Racial Discrimination Act as part of the large scale intervention into Indigenous communities by the previous government, is one example of how readily human rights can be undermined. Another example is the detention without charge then abandonment of charges against Indian national Dr Haneef.

Happily, the current Government has recently taken steps to restore the rights of refugees. However for many years, a great number of these very vulnerable people had their rights denied and men, women and children were held for years in detention centres both in Australia and in the Pacific. Amnesty International heavily criticised this detention regime.

Without a Human Rights Act or any other similar overarching instrument these situations have been able to occur almost unchecked.

This year we celebrate the 60th anniversary of the Universal Declaration of Human Rights - a document which Australia played a significant role in bringing to life. Now it is time to see those rights actively promoted and protected here in Australia by the introduction of a federal Human Rights Act to show that Australia is serious about promoting and protecting our rights - particularly those of us who are vulnerable and marginalised.

Katie Wood, Campaign Coordinator , Amnesty International Australia

For access the complete 2008 report and further commentary please go to the Amnesty International Australia website. 

Philip Lynch, Director of the Human Rights Law Resource Centre, makes an assessment of the Victorian Charter of Human Rights and Responsibilities which entered into force 18 months ago and became fully enforceable 6 months ago.

While he concedes that it is premature to comprehensively evaluate the Charter, he believes that enough time has passed to make some significant evidence-based observations. He finds that outcomes to date are very positive and that, contrary to claims often made by opponents, the Charter has not created a tsunami of litigation and that the courts have demonstrated that they are very adept at identifying which cases are meritorious and raise human rights concerns and which are not. Further, he finds that the Charter:

• is enhancing transparency and accountability in government.
• is being used as a framework to audit and implement best practice in service delivery.
• is being used as a tool to address disadvantage and promote human dignity.

Read more in the HRLRC Bulletin

The Federal Court’s decision to overturn the WYD anti-annoyance regulation was not based on any infringement of basic rights, according to George Williams and Nicola McGarrity of the Gilbert + Tobin Centre of Public Law at the University of NSW. Rather, they point out, they were struck down on a technicality which could easily be fixed by the NSW parliament.

The case demonstrates clearly how little actual protection there is for the freedom of speech in Australia. It is long past time that such an important freedom was safeguarded in a national bill or charter of human rights.

Read more in the Sydney Morning Herald of July 16, 2008

Fr Frank Brennan SJ, Professor of Law, Australian Catholic University, takes issue with extension of police powers introduced by the NSW government to preclude protesters from causing annoyance to pilgrims attending World Youth Day.

He points out that this NSW regulation is a dreadful interference with civil liberties and is contrary to the spirit of Catholic social teaching on human rights.

Read Fr Brennans full statement on the World Youth Day Amendment Regulation 2008

The imprisonment of children under mandatory detention policy in Australia’s detention camps was one of the worst, if not the worst, human rights violations in the Australia’s post World War II history.

In a paper delivered by at the Human rights Law and Policy conference in Melbourne on June 17, 2008, former Australian Human Rights Commissioner Dr Sev Ozdowski OAM examines what has happened and why our human rights protection system in place has failed the children.

(more…)

Australia was a key architect of the Universal Declaration of Human Rights and sixty years on it is time for Australia to bring this legacy home by establishing human rights as a central pillar of both domestic and foreign policy according to Philip Lynch, director of the Human Rights Law Resource Centre.

He correctly asserts that the legitimacy and ability of Australia to promote human rights and good government internationally and in the region is significantly compromised by the lack of a charter of bill of rights at the national level. Read the full article in The Age:

Philip Lynch, Director of the Human Rights Law Resource Centre, describes how Charters of Human Rights have the potential to improve public services, promote more responsive and accountable government and address disadvantage.

With Victoria and the ACT leading the way, he points out that the focus has now shifted to the federal sphere to realize these potential benefits.

Read more in the HRLRC Bulletin of May, 2008:

The public, like victims of human rights mistreatment and most Labor party members, don’t agree with Bob Carr’s suggestion that the status quo in relation to rights operates perfectly well.

Susan Ryan, Chair of the Human Rights Act for Australia campaign, writes in the latest edition of the Labour e Herald, the ALPs National Magazine Online. More:

The Rudd Government’s promised human rights act consultations seem to be well on track with allocations for this purpose of around $2.8 million in the Attorney General Department’s budget. The budget papers noted that a national consultation is a priority.

A resolution calling for state level consultations was not endorsed at the recent NSW state Labor conference but on a more positive note the conference did pass a resolution supporting the federal consultations:

“Conference commends Federal Attorney General Robert McClelland on his announced support for a public inquiry about how best to recognise and protect the human rights and freedoms enjoyed by all Australians, in accordance with the National Platform.

Conference believes such an inquiry, allowing the fullest possible community consultation, is the appropriate process to deal with calls for additional legislative implementation of Australias international human rights obligations”.

Watch this space for future information regarding the nature and timing of these consultations.

Richard Ackland considers the core arguments against a charter of rights and finds them wanting in a timely opinion piece in May 9 Sydney Morning Herald, responding to the recent flurry of opposing  commentary in the media.
Read the full article in the SMH: