ALHR Newsletter

ALHR Newsletters → 2013 → December → 16

ALHR National newsletter

16/12/2013

Dear All

'The year of the swan' is not some oblique reference that the President lives in Western Australia, but rather that ALHR may have seemed to be calm, peaceful and unmoved but in fact under the water we've been working feverishly!

As 2013 draws to an end, I'd like to thank and acknowledge the work done by State and Territory committees, and my colleagues on the national committee. We have covered a wide range of human rights issues, and I look forward to the work continuing in 2014.

Since the last national newsletter, ALHR matters of note are these (with more detail on each given below).
* ALHR criticises freeze of protection visas (interview)
* ALHR amicus submissions to High Court (court proceedings)
* Joint Letter to PM on Sri Lankan Torture (joint NGO letter)
* Torture is Torture. Call it what it is (press release)
* ALHR fundraiser for Asylum Seekers' Centre (fundraising event)
* Queensland laws breach fundamental democratic safeguards (press release)
* G20 (Safety and Security) Bill 2013 (parliamentary submission)
* Caution against foetus protection proposed laws (letter to NSW MPs)

One of these was ALHR's first filing of amicus curiae submission in the High Court (case to be heard in February 2014). ALHR's submissions were a great team effort with lots of help in research and drafting from ALHR members and friends including Nick Duff, Tiffany Henderson, Vicky Kuek, Cath McLeish, Asanka Gunasekera and others. This is just one of the many examples of work where we can combine our expertise and experience to produce some useful ALHR engagement in seeking human rights improvements. I urge all of you, if you're concerned or interested in any human rights issues, to make contact with your local ALHR members and discuss what you can do in relation to those issues. As always, the details and contacts for all ALHR committee members are on our web-page at http://www.alhr.asn.au/contact.php .

Among the many issues ALHR will be continuing its work in 2014 is (1) encouraging Australia's ratification of the Optional Protocol to ICESCR; and (2) contributing to the review of Australia's next ICCPR report. If you are interested in helping in ALHR's work on either of these, please read below.
(1) Australia's ratification of the Optional Protocol to ICESCR
ALHR will be actively supporting the campaign for Australia's signature and ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). The entry into force of the OP-ICESCR on 5 May 2013, was cause for celebration. Australia's ratification of the OP-ICESCR would reinforce our compliance with ESCR-related obligations, support access to legal remedies in cases of violations and strengthen the activities of organizations working on issues related to human rights and social justice. It will empower claimants to help develop the content of obligations applied to their diverse situations. If you would like to be involved in drafting submissions or in collaborative work with other organisations also pursuing ratification, please email ALHR National Committee member Kerry Weste at [email protected]
(2) Australia's report to ICCPR
Australia's next report under the International Covenant on Civil and Political Rights is shortly to be submitted to the Human Rights Committee. To contribute to the Committee's review and assessment of that report, NGOs will be making submissions to the Committee. ALHR contributed to an earlier joint NGO submission on the list of issues to be covered in the report (submission coordinated by the National Association of Community Legal Centres Inc and Kingsford Legal Centre). ALHR will also be examining and addressing the Government's report, when it is finalised, and will be making submissions on this. If you would like to be involved in drafting submissions or in collaborative work with other organisations, please email ALHR National Committee member Sarah Burnside at [email protected]

I wish everyone a safe end of year, and the very best for 2014.

John Southalan
President

ALHR criticises freeze of protection visas

ALHR has criticised the Commonwealth's announcement that it will cap onshore permanent protection visas for 2013/14 at 1650 already issued. ALHR's Vice President, Nathan Kennedy, spoke on SBS condemning the Government's decision.

More details on ALHR's website.

ALHR amicus submissions to High Court

ALHR is seeking leave to appear as amicus curiae in a High Court appeal in a native title case. The matter will be heard in February 2014. ALHR's submissions focus on human rights standards about racial equality, and their implications for the common law and extinguishment of native title.

The appeal has been brought by the Western Australian Government (against a Full Federal Court decision that the Ngarla people's native title rights of non-exclusive access and use in an area were not extinguished by a grant of mining rights in the 1960s). Other parties to the appeal are the Ngarla people, BHP Billiton; and the South Australian Government is seeking leave to intervene.

All parties' submissions are available on the High Court's webpage for State of Western Australia v. Brown and Ors.

ALHR's submissions, as filed, are available on our website.

ALHR Signs Joint Letter to PM on Sri Lankan Torture

Australian Prime Minister Tony Abbott has been asked to revoke his statement, made during his recent visit to Sri Lanka for the Commonwealth summit, that suggested that the use of torture can be justified in 'difficult circumstances'.

In a joint letter, the Human Rights Law Centre, Human Rights Watch, the Castan Centre for Human Rights, Amnesty International and Australian Lawyers for Human Rights have urged the Prime Minister to make a strong public statement that the Australian government always deplores the use of torture and that torture can never be justified.

ALHR considers that the Prime Minister's response to allegations of torture in Sri Lanka represents an alarming shift in Australia's approach to international law.
Torture is unconditionally banned under international law. This has always been the consensus: in the Universal Declaration on Human Rights, and in subsequent treaties on Civil and Political Rights and on Torture - both of which Australia has voluntarily joined.

ALHR fundraiser for Asylum Seekers' Centre

Thanks to everyone who attend ALHR's fundraiser for the Asylum Seekers' Centre of NSW on 17 October. More than 120 people attended and we raised more than $3700 for the Asylum Seekers' Centre. The panellists Prof Mary Crock (University of Sydney), Graham Thom (board member of Asylum Seekers' Centre) and Natalie Young (RACS) spoke eloquently about the current situation for people seeking asylum in Australia, the film Nowhere Home was brilliant and harrowing and the Solidarity Choir serenaded guests with a stirring rendition of "Behind Barbed Wire".

Queensland laws breach fundamental democratic safeguards

Queenslanders should be extremely concerned about a number of laws that were passed by the Newman government last week. The amendments radically extend the power of executive government at the expense of the courts, undermine human rights principles such as equality before the law and the freedoms of association and expression and further politicise crime control.

G20 (Safety and Security) Bill 2013

ALHR made a submission to Queensland Parliament's Legal Affairs and Community Safety Committee, regarding the proposed bill.
ALHR considers that powers proposed under relevant sections of the G20 (Safety and Security) Bill 2013 are already appropriately dealt with under the current law which provides the powers for police and 'authorised persons' to carry out the objects and purposes of the Bill.
ALHR also contends that there is a substantial derogation of civil rights within the meaning and purposes of the Bill.

Caution against foetus protection proposed laws

ALHR wrote to several NSW MPs with concerns about the potential implications which could arise from the Crimes Amendment (Destruction of Child in Utero - Zoe's Law) Bill 2011 which is being considered by the NSW Parliament.
ALHR urges NSW Parliamentarians to consider any such law changes carefully, to ensure they do not subject women to unwanted scrutiny or an invasion of their privacy when they have lost their foetus as a result of a criminal act.