Australian Lawyers for Human Rights - May 2002

Current activities

Nauru/Pacific Solution Project

Most members will be aware that ALHR has a project underway to get lawyers to Nauru to provide legal assistance to asylum seekers with their applications.   Recently it was announced that a number of detainees on Nauru had been granted refugee status.  However, the vast majority of Afghan refugees were neither granted this status nor refused.  Rather, they were given the right to re-apply and to be re-interviewed.  

ALHR is continuing to make concerted efforts to get lawyers on the ground in Nauru.   The principal difficulty to date has been with obtaining permission to enter Nauru, but ALHR continues to be hopeful that a means of providing independent legal assistance to asylum seekers can be found.

ALHR's call for interest from suitably qualified lawyers met with great success.   We now have a good pool of people who have indicated their availability.   If you are interested in joining the pool of refugee advisers, please contact us on [email protected]

Human Rights Seminars

ALHR in NSW is again working with Young Lawyers to present a series of Seminars on Human Rights issues.  These are held annually in Sydney in the second half of the year, and will be promoted by Young lawyers through their usual MCLE promotion.   Discounted registrations are available to ALHR members.

Members who are interested in developing and promoting similar seminars in their State or Territory should contact Sue Harris in Canberra at [email protected] Siobhan McCann in Melbourne on [email protected] , Philip Tahmindjis in Brisbane at [email protected] , or generally at [email protected]

Federal "anti-terrorism" legislation

As many members would be aware the Federal Senate is currently considering a raft of "anti-terrorism bills: the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002, Security Legislation Amendment (Terrorism) Bill 2002 [No. 2], the Criminal Code Amendment (Espionage and Related Offences) Bill 2002 , the Criminal Code Amendment (Suppression of Terrorist Bombings) Bill 2002, and the Suppression of the Financing of Terrorism Bill 2002.   The Bills were referred to a Senate committee which recently reported.  Despite the Committee having a majority of government members, the Committee called on the Federal Attorney General to make significant changes to the Bills to curtail some of the proposed powers.

It appears from news media reports on 17 May that the Federal Attorney General will be required by Cabinet to moderate some of the proposed provisions.

If passed in their current form the Bills would, for example, allow authorities to detain people for up to 48 hours without charge and without access to a lawyer.  Those detained need not be suspected of terrorism. Rather, it is enough that ASIO believes they have information that would help ASIO with its inquiries. This could include journalists, lawyers, and politicians.

The legislation in its current form includes:

·           powers for the Attorney General to ban organisations "likely to endanger, the security or integrity of the Commonwealth or another country", with people who are members or assist proscribed organisations facing up to 25 years imprisonment;

·           the creation of new offences of terrorism, which have a high level of uncertainty in their application to protests such as those at Woomera recently and which could encompass some union actions, civil disobedience and dissent;

·           the power for ASIO to detain people for 48 hours incommunicado without the right to silence or a lawyer, and to have the warrant renewed indefinitely.

ALHR opposes the Bills as unwarranted incursions on fundamental human rights such as the right to speak freely, to assemble freely, to a fair trial, to the presumption of innocence, to be prosecuted only for a clear and recognised offence, to not be detained without charge, to proportional punishment.  

ALHR has made parliamentary submissions on this legislation – see below.   Members who would like to be involved in ALHR's work in this area should contact us on [email protected]

Members are also encouraged to contact Senators urgently to voice concern about and opposition to the legislation.

Members’ help needed: TPV assistance

In early 2002 ALHR, on behalf of the Refugee Council of Australia, asked for lawyers to assist in processing the applications for extension of protection for holders of Temporary Protection Visas.  Many members volunteered, and their contact details were forwarded to RCA.

ALHR again invites you to participate in the project. TPV holders must satisfy a revised test of eligibility to succeed in their application to remain in Australia. There are projects around Australia and we can refer you to each of them.

The projects require lawyers and translators (Arabic, Farsi, Dari, Tamil) - if you can perform either of these roles, you would be welcomed as useful and necessary.

If you are interested in participating, please forward your name, contact details and your role - lawyer/translator – to [email protected] . Please respond to this call for assistance even if you have previously indicated that you are interested in assisting.

Human rights education

ALHR has proposed a project to provide short training courses in the structure, principles and law of human rights practice in Australia.   The project is being developed in co-operation with the National Association of Community Legal Centres.

If you are interested in contributing to this project, please contact us at [email protected]

Human rights capabilities of Australian NGOs

ALHR has received a grant from the Myer Foundation to investigate the current state of human rights advocacy capabilities among NGOS in Australia, and to propose a solution to identified needs.   Work on the project commences in June 2002.  

If you are interested in contributing to this project, please contact us at [email protected]

ICCPR communications

ALHR is developing a project to facilitate the making of sound communications from Australia to the UN Human Rights Committee under the International Covenant of Civil and Political Rights. If you are interested in contributing to this project, please contact us at [email protected]

Government NGO Forums

Both the Department of Foreign Affairs and Trade, and the Federal Attorney General, hold consultation forums with Australian human rights NGOs.   They are held approximately twice a year.   ALHR is a member of both forums, and attended the DFAT forum on 14 March and the AG’s forum on 15 March.

ALHR is a member of the agenda committee for the AG’s forum: if you are interested in contributing to the agenda process, please contact us at [email protected]

Submissions

ACT Bill of Rights Consultation

Work is underway on a submission to the ACT Bill of Rights Community Consultation Committee. Terms of reference for the ACT Bill of Rights: http://www.act. gov.au/rights/

For further information about how you can get involved, contact Sue Harris: 0401 653 512 or sharris@acfoa.asn.au

See below for the ACT Bill of Rights debate on 17 May.

Human Rights and Equal Opportunity Commission Inquiry into Children in Detention

ALHR has made its submission to this Inquiry.   The submission will be available soon on the ALHR website: www.alhr.asn.au

International Criminal Court: Treaty Ratification

ALHR continues to lobby the Australian Government to ratify the ICC Treaty.   Sixty countries have now ratified the Treaty, which means that the treaty comes into effect 1 July 2002.  

On 16 May 2002 JSCOT recommended that Australia ratify the ICC Statute: http://www.aph.gov.au/house/committee/jsct/Reports/report45/Report%2045.pdf

It remains to be seen whether and when Australia passes the necessary legislation to ratify the ICC Statute.

The JSCOT web page includes copies of submissions made to date, including the ALHR submission made prior to the last federal election, and a transcript of the evidence given by ALHR at the Sydney hearings on 13 February 2001:   http://www.aph.gov.au/house/com m ittee/jsct/ICC/subsICC.htm

If you are interesting in contributing to ALHR's submission development process, please e-mail us on [email protected]

Anti-terrorism legislation

ALHR has made submissions to the Parliamentary Joint Committee on ASIO, ASIS and DSD, and to the Senate Legal and Constitutional Committee .   If members would like as copy before we can make one available on our website, please contact us.  

In the submission ALHR supports aspects of the legislation, such as better security at airports, but points out that most of the legislation attacks fundamental democratic rights and freedoms.  ALHR says that the existing criminal law and processes should be used to investigate and prosecute any acts that could sensibly be described as terrorism.  

Migration legislation

ALHR has made a submission to the Senate Legal and Constitutional Committee on the Migration Legislation Amendment (Procedural Fairness) Bill 2002, and the Migration Legislation Amendment Bill (No. 1) 2002.   If members would like as copy before we can make one available on our website, please contact us. 

ALHR’s concern about both Bills is the exclusion of the operation of common law natural justice provisions from migration decisions.

A Certain Maritime Incident

ALHR has made a submission to the Senate Select Committee on a Certain Maritime Incident.   If members would like as copy before we can make one available on our website, please contact us. 

ALHR addressed the Migration Legislative Amendment (Transitional Movement) Bill, which bars detainees on Manus, Nauru, Christmas and Cocos Islands from making refugee claims if they are brought temporarily to the mainland for, among other reasons, medical treatment or in transit.   ALHR says that much of the Bill is objectionable on human rights grounds.

Of the ‘Pacific Solution’, ALHR says that it is incompatible with Australia’s obligations under international law, and that any interception and dealing with asylum seekers must be in accordance with customary international law, law of the sea, and humanitarian and human rights obligations.

ALHR expressed concern that comments in public discussion concerning the incident might be defamatory of the people referred to, and might amount to racial vilification of people in Australia.  ALHR called for all Parliamentarians to sign the Federal Parliamentary Code of Race Ethics, to be monitored by an independent body such as the Human Rights and Equal Opportunity Commission.  

State and Territory Member meetings

ACT

ACT members of ALHR met on April 10 to get to know each other and brainstorm what we might work on given the large representation of public servants as members.  The ACT members are working on local issues with national import, building on the previous work of ALHR towards a Bill of Rights.  The ACT government has committed to a community consultation process on a Bill of Rights for the ACT, with a committee chaired by Professor Hilary Charlesworth from the ANU.

For further information on ACT ALHR activity, contact Sue Harris: 0401 653 512 or [email protected]

Queensland

For information on Queensland ALHR activity contact Phillip Tahmindjis at [email protected] and Samantha Traves at [email protected] .  Phillip and Sam are currently working on bringing members in Queensland together for a function in the near future. 

Victoria

For information on Victorian ALHR activity contact Siobhan McCann at [email protected] and Penny Martin at [email protected]

Other States and Territories

There are ALHR members in every State and Territory (and overseas).   To discuss how to get a local group meeting organised e-mail us on [email protected]

Report on ALHR Activites completed

NSW Anti-Discrimination Act: Drug Addiction Amendments

ALHR members in NSW were active in lobbying to limit the impact of recent amendments to the NSW Anti-Discrimination Act.   ALHR wrote to the NSW Government, Opposition as well as other parliamentary parties and independents to voice its concerns about these ill-founded amendments.  ALHR also spoke directly with Parliamentary members as well as making two presentations to the Cross-Benchers' Committee.  

Amendments were made to the Bill that will limit its negative consequences.   However, ALHR remains opposed to the exclusion from anti-discrimination laws of employees with addictions.  The Government's actions in pursuing this legislative change actively discriminate against a group that is already seriously marginalised and stereotyped.  ALHR’s submission will be available soon on the ALHR website: www.alhr.asn.au

Public Debate: "Battle of the Bill"

As part of Law Week in the ACT, ALHR organised a public debate on a Bill of Rights - the "Battle of the Bill" - hosted by Deb Foskey, with speakers included: Rosemary Follett, ACT Human Rights Office; Mike Jeffreys, Radio 2CC; Peter Bailey, ANU; Michael Curtotti, ACT HR Education Office; Jack Waterford, Canberra Times; and John McMillan, ANU.

International Criminal Court Mock Trial

As part of Law Week in NSW, Australian Red Cross organised a mock trial of the International Criminal Court, with the support and assistance of Mallesons Stephen Jaques, National Law Week and ALHR. Over 300 people attended the Banco Court in Sydney to see the trial, which demonstrate the type of matters and arguments which the Court will deal with.  Australian Red Cross intend repeating the trial in other venues later this year.

Watch this space

On 18 April 2002 the High Court handed down its decision in Re McBain; Ex parte Australian Catholic Bishops Conference; Re McBain; Ex parte Attor [2002] HCA 16: http://www.austlii.edu.au/au/cases/cth/high_ct/2002/16.html

The Court dismissed an application to quash the decision of Justice Sundberg in the Federal Court.  Sunberg J had declared that the Victorian Infertility Treatment Act , which prevented the provision of infertility treatment to a single woman not living in a de facto relationship, was inconsistent with the Commonwealth Sex Discrimination Act.

In a response to the decision, the Federal Attorney General said “ the Government position has been that the Sex Discrimination Act was never intended to prevent States legislating to restrict access to assisted reproductive technology services to women who are either married or in a defacto relationship.”

The Attorney said “previously the Government had introduced the Sex Discrimination Amendment Bill No 1 2000 . . . The Government will now give consideration to the detail of the case and will give further consideration to whether its appropriate to reintroduce the legislation . . . ”.

ALHR will monitor this legislation.  If you are interested in this issue, please contact us at [email protected]

In the McBain case Justice Callinan, at paragraph 294, expressed a “reservation . . . as to the correctness of the highly questionable assumption which was made by all who presented arguments in this case, that the Sex Discrimination Act 1984 (Cth) was a law with respect to external affairs.”

ALHR would like to monitor any suggestion, in public debate, case law, or draft legislation, which might attempt to question the constitutionality of Australia’s sex discrimination laws.  If you are interested in this issue, please contact us at [email protected]

Coming Events

June

2002 Bill of Rights Conference

Hosted by Gilbert + Tobin, the Australian Human Rights Centre and the Faculty of Law at the University of New South Wales. The Conference is on 21 June 2002 at the NSW Parliament House Theatrette.   Information about the conference can be located at www.gtcentre.unsw.edu.au

Women Lawyers' Association 50th Anniversary formal dinner

NSW Parliament House, Thursday 13 June 2002, 6.30 for 7.00pm.   Cost: members - $105 incl GST; non-members - $125 incl GST.   Dress: Black Tie/Cocktail.   Parliamentary Host: NSW Attorney General,The Hon Bob Debus.   Special Guest Speaker: The Hon Justice Mary Gaudron of the High Court of Australia.   Contact: Kathy Eyrl, WLA Office, PH: 02 9264 3611

October

An anti-racism education forum  (Action for World Development)

St Scholastica's College, 4 Avenue Road, Glebe. 1-3 October 2002.   Contact: Leigh Bowden, Forum Secretariat Email: [email protected] Tel: 02 9971 2325 Mail: "Decolonising minds and hearts: an anti-racism education forum", PO Box 147, Dee Why. NSW 2099 Website: www.awd.org.au

END

Australian Lawyers for Human Rights

Post:  PO Box A147
Sydney South
NSW 1235
Australia

Email:     [email protected]

Web:      www.alhr.asn.au

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