ALHR Current activities

Attorney General’s Human Rights NGO Forum

The next Forum is in Canberra on 18 October.  Members of the Forum are invited by the Attorney to attend at their own expense, ostensibly to enable the Attorney to consult with NGOs on current human rights issues in his portfolio.  ALHR will be represented by Simon Rice and Sue Harris.

The agenda is:

�        Update from the Attorney-General and Questions on Notice

�        Update from Civil Justice Division

�        UN Treaty Body Reform (Office of International Law)

�        Human Rights and Equal Opportunity Commission briefing

�        Feedback from Recent International Meetings: the Commission on the Status of Women; the United Nations Special Session on Children; the Ad Hoc Working Group on the Convention on the Rights of People with Disabilities.

�        International Criminal Court (Criminal Justice Division)

ALHR was a member of the Agenda Committee for this Forum, and ALHR members contributed suggestions to the agenda process.  In the agenda-setting process, proposed Questions on Notice to the Attorney included questions relating to:

�        UN Treaty Body Reform.

�        CEDAW. Optional Protocol

�        Optional Protocol to the Convention against Torture.

�        International Criminal Court.

�        Mandatory detention of asylum seekers.

�        CROC reporting

�        Anti-Terrorism Legislation.

�        Trade.

�        Matrimonial property rights.

�        IVF amendments to the SDA

�        Human rights education.

�        Temporary Protection Visas

�        Paid maternity leave.

Department of Foreign Affairs and Trade (DFAT) Human Rights NGO Forum

The Forum was in Canberra on 4 and 5 September.  ALHR was represented by a tag team of ALHR members Matthew Swainson, Caroline Plunkett, Sophie Mcmurray and Julie Lovell.

The agenda included:

�        WTO – what it is and how it works

�        The benefits of trade liberalisation for development

�        Case study – Access to Essential Medications

�        China human rights dialogue

�        Vietnam human rights dialogue

�        Multilateral meetings: CHR 58 & 59; UNGA 57

�        Special Session on Children

Australia-China Human Rights Dialogue

At DFAT’s ALHR proposed issues, suggested by ALHR members, to be addressed at the formal session of the Dialogue.  ALHR was represented by Sue Harris at a reception after the Dialogue.

Federal "anti-terrorism" legislation

ALHR’s wrote to Senators, saying despite the Government’s amendments, unresolved issues include

�          further amendments to the definition of terrorist act

�          proscribing of terrorist organisations with Parliamentary oversight

�          whether a range of terrorist offences: training, possessing things connected to terrorist acts, or documents connected to terrorist acts can be proven if a person was merely reckless or negligent;

�          whether new offences such as directing, recruiting, training, getting or receiving funds, providing support for terrorist organisations can be proven if a person was merely reckless or negligent;

�          the jurisdiction of the legislation, should it cover acts all over the world

�          what form and when a review of the legislation will occur

We said that we continue to be concerned about the new ASIO powers and their unwarranted encroachment on civil liberties.  We pointed out that Australians have no constitutional guarantee of their freedoms - they can rely only on Parliament's responsible and careful balancing of interests.

The Bill is likely to be referred to a Senate Committee and this will be a further opportunity to make submissions.  Recent events in Bali might change the attitude of the Parliament to this course.

ALHR will make a further submission to a Committee inquiry, and will call on any interested members to get involved.

Sex Discrimination Act Amendments

ALHR is currently finalising a submission on the proposed amendments to the Federal Sex Discrimination Act in relation to the provision of invitro fertilisation services.  This work has been undertaken by a group of members who indicated their interest.  The submission will be made to the Coalition members as the Opposition parties have resolved to oppose the amendments.

Optional Protocol to the Convention against Torture

ALHR wrote to the Minister for Foreign Affairs and Trade, encouraging Australia to support the adoption of the Protocol when it was considered by the Economic and Social Council ECOSOC. 

ALHR pointed out that the Optional Protocol mechanism will reflect the obligations on States under articles 7 and 10 of the International Covenant on Civil and Political Rights, and noted the Human Rights Committee’s General Comments Number.  We said that the terms of the proposed Draft Optional Protocol are not controversial, that many of the States which oppose its adoption continue sanction torture, inhuman and cruel treatment of people in their jurisdiction, and that if Australia votes against the Draft Optional Protocol it will signal, in particular to States within the Asia-Pacific Region which permit torture to take place, that Australia will turn a blind eye to their activities. 

The adoption of the protocol was supported by 35, In opposing it, unsuccessfully, Australia joined China, Cuba, Egypt, Japan, Libya, Nigeria, and Sudan.

In his reply to ALHR Minister Downer said that the Protocol would be a “standing invitation for the Sub-Committee Against Torture . . . to visit Australia’s prisons and other similar facilities.  This would be inconsistent with the Government’s decision . . . that it will only consent to such visits when there is a compelling reason to do so”.

Proposed age discrimination legislation

The Federal Attorney-General's Department has completed initial consultations with a number of business, employer and employee groups, and community organisations. The Attorney-General established a Core Consultative Group (CCG) to assist the Government to develop a detailed proposal for the legislation.  The Government aims to make a decision on the detail of the age discrimination legislation before the end of 2002.

ALHR is working collaboratively with the Law Council of Australia on a submission to the Federal Attorney General's Department regarding the structure and legal aspects of any legislation.

Age of consent

Northern Territory

ALHR has written to the Northern Territory Chief Minister, addressing resistance in the Northern Territory to a proposal to equalise the age of consent.  ALHR wrote that There is wide recognition that a law which prescribes different ages of consent is discriminatory without justification.  The proposed Commonwealth Age Discrimination legislation is unlikely to exempt any such provision.  This reflects the fundamental international human rights standard of non-discrimination.

ALHR pointed out that no other jurisdictions in Australia except NSW discriminate on the age of consent. NSW is currently reviewing the issue.  ALHR urged the Chief Minister to lead the Northern Territory in a direction which respects and implements international human rights standards, and which is consistent with the non-discriminatory approach taken elsewhere in Australia.

NSW

ALHR would like to make a submission to the NSW Parliament Social Issues Committee inquiry in to an equal age of consent.  Would members who are interested in collaborating on this please contact [email protected] .  The Gay and Lesbian Rights Lobby has produced a 'making a submission' pack; contact [email protected]

 “Border protection”

As we foreshadowed in the June newsletter, ALHR made a submission to the inquiry into the Migration Legislation Amendment (Further Border Protection Measures) Bill 2002 – the ‘excision’ legislation.  The submission is  submission #31 on the Committee’s website at http://www.aph.gov.au/Senate/committee/legcon_ctte/mig_BP/Submissions/sublist.htm

Nauru/Pacific Solution Project

The UN High Commissioner for Refugee (UNHCR) appeals process concluded some weeks ago and the determinations were announced.   We understand that there are about 60 matters to be concluded by DIMA, which will then announce its determinations.

ALHR applied for and was refused visas to Nauru to give advice.  The refusal was despite the explicit support of the UNHCR and IOM for asylum seekers’ access to independent legal advice.  ALHR wrote to the Minister for Immigration and Multicultural and Indigenous Affairs requesting funding for the provision of advice, on the basis that such funding would be available in Australia if the people had not been diverted to Nauru.  In his reply Minister Ruddock said that “Australia does not offer publicly funded legal assistance to persons on declared countries . . . individual are free to make their own arrangements for assistance at their own expense”.

The asylum seekers are now in the same situation as the thousands stuck in camps around the world: if determined 'refugee' they are waiting for a country to take them; if determined 'not refugee' they are waiting for somewhere to go.  For Afghanis the Government's repatriation package is an option.

ALHR recently convened a meeting of lawyers from NSW, Victoria and South Australia working for asylum seekers. 

Some asylum seekers in Nauru are being brought to Australia as 'transitional entry' persons to give evidence in cases, and for medical treatment.  There is an issue being examined about their lawful status here, and whether they are being detained unlawfully when here.

****You can help us help asylum seekers

ALHR is regularly contacted by asylum seekers in detention seeking assistance.  There are a few ways we can help.

On the ALHR website we provide ‘do it yourself’ resources for asylum seekers and their advocates.  We need volunteers to maintain the content of that site.  No IT technical knowledge required, just current knowledge of developments in asylum seeker law and policy.  Please let us know if you are interested : [email protected]

We are currently working on an "action kit" for people to assist asylum seekers with 417 applications to the Minister to exercise his discretion.  If you are interested please contact us at [email protected] .

We refer detainees for legal advice on the merits of their claim for judicial review.  The advice is given on the basis of the reasons from the RRT.  The pool of available lawyers, usually barristers, is very small.  There is no organised pool in Sydney or Brisbane.  Julian Burnside in Melbourne runs ‘Spare Lawyers’ – an email list of lawyers willing to appear in the Federal Court for asylum seekers who would otherwise be unrepresented.  If you would like to be available to advise on the merits of a claim for review please contact [email protected] . If you would like to register as a ‘Spare Lawyer’ (and you needn’t be in Melbourne) contact [email protected] .

****New submissions?

ALHR is would like to make submissions to:

�        ASIC in relation to an inquiry into social responsibility disclosure provisions

�        NSW Pre-Trial Disclosure Inquiry, and

�        NSW Inquiry into the use of prescription drugs and over-the-counter medications by children and young people.

If you are interested in getting involved in any of these, or there are parliamentary inquiries in your state or territory that you consider are relevant to the work of ALHR, please contact us on [email protected]

‘Human rights in practice’ seminars

Sydney

The first two of these seminars in Sydney have now been presented to sell-out audiences.  The third seminar is titled "Discrimination Law in the Workplace".  More details are in the ALHR Events section below.

Melbourne

ALHR, jointly with the Victorian Federation of Community Legal Centres and the Castan Centre for Human Rights Law, is presenting a seminar on ‘International Human Rights Law: Its relevance to Australian Practice’.  More details are in the ALHR Events section below.

Members who are interested in developing and promoting similar seminars in their State or Territory should contact Sue Harris in Canberra at [email protected] Penny Martin in Melbourne at  [email protected] , or generally at [email protected]

Current Australian human rights law issues

Are temporary protection visas racially discriminatory?

HREOC has published two papers for community information and comment. The first outlines the operations and impacts of temporary protection visas. The second analyses these visas under the federal Racial Discrimination Act 1975 and the International Convention on the Elimination of All Forms of Racial Discrimination.

People with an interest in this topic are invited to visit the E-Race Forum at: http://www.humanrights.gov.au/racial_discrimination/Erace/index.html 

Comments can be emailed to the Commission via the E-Race Forum bulletin board at: [email protected]

ACT Bill of Rights

The ACT Bill of Rights Community Consultation Committee will conduct a Deliberative Poll on the feasibility of a Bill of Rights for the ACT. 

On November 29 and 30 this year, they will bring around 300 randomly sampled ACT citizens to Old Parliament House to deliberate on this complex issue.  The goal is to facilitate the informed voice of ACT citizens on the issue of a Bill of Rights by involving them, along with the experts and advocates of competing perspectives on that issue, including representatives of each of the political parties.

The Committee need volunteers to help with the conduct of the poll: Group facilitators, Persuaders, and Group managers.  To inquire about volunteering, please contact Dr. Pamela, Issues Deliberation Australia at www.ida.org.au .

HREOC Children in Detention Inquiry

Dr Sev Ozdowski the Human Rights Commissioner has handed down his decision regarding the proposed public hearing involving the Department of Immigration Multicultural and Indigenous Affairs (DIMIA) and Australasian Correctional Management (ACM).  The Decision Summary is available at:

http://www.humanrights.gov.au/human_rights/children_detention/dimia/decision_summary.html  and the Reason for Decisions is available at:

http://www.humanrights.gov.au/human_rights/children_detention/dimia/reasons.html

Racism conference speeches

Many of the speeches delivered at the Beyond tolerance: a national conference on racism held in Sydney on 12 and 13 March are now online at: http://www.humanrights.gov.au/racial_discrimination/beyond_tolerance/speeches.html

HREOC list serve

ALHR recommends that members subscribe to the HREOC lists to be kept up to date on developments in human rights law in Australia.  Go to: http://www.humanrights.gov.au/mailing_lists/index.html

State and Territory ALHR activities

ACT

ALHR members continue to meet regularly and are gearing up for an Australian first: the Determinative Poll on the Bill of Rights to be conducted in late November 2002. 

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

NSW

NSW members have arranged the seminar series with NSW Young Lawyers. For information on NSW ALHR activity contact ALHR at [email protected] .

Queensland

For information on Queensland ALHR activity contact Samantha Traves at [email protected].

Victoria

Victorian members are preparing the ‘human rights law in practice’ seminar for 21 November.

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]

Jobs

New York

The Lawyers Committee for Human Rights Workers Rights Program is looking to hire a Senior Associate. The Program mandate includes the most pressing issues in the field today: emphasizing the need for greater transparency about workers rights issues connected with particular consumer products wherever they are made; supporting the development of long-term, sustainable solutions that will increase the accountability of governments and corporations for the enforcement of workers rights; and strengthening efforts to bring all stakeholders -- companies, labor unions, rights organizations, multilateral organizations and governments - together to promote and protect international labor and human rights standards and practices.

Working in coordination with other departments and under the supervision of the Director of the Workers Rights Program, the Senior Associate of the Worker Rights Program will bear responsibility for ensuring that the Lawyers Committee continues to play a vital role in the progressive development of worker rights around the world. She or he will play a lead role in formulating program goals in all areas of the Program mandate; developing new projects; researching and writing reports, position papers, web-site materials, op/eds and other press pieces; conducting advocacy; fostering relationships with NGOs and governments; working on funding development and supervising staff.

A job description is at: http://www.lchr.org/jobs/sen_asst_wr.htm

Applications close 21 Oct 2002

Sydney

There are three positions available at the National Children and Youth Law Centre in Sydney: National Director, Principal Solicitor, and Indigenous Rights Unit Solicitor.  Please contact Jacqui Houston at [email protected] for more information.

The Intellectual Disability Rights Centre is looking for a Director.  Please contact Bec Reynolds at [email protected] for more information.

ALHR Events

MELBOURNE 21 November 2002

ALHR, jointly with the Victorian Federation of Community Legal Centres and the Castan Centre for Human Rights Law, is presenting a seminar on ‘International Human Rights Law: Its relevance to Australian Practice’.  Speakers are

�        Julie Debeljak, Associate Director, Castan Human Rights Centre, presenting an overview of international human rights instruments, and of the role of the UN Committees.

�        Chris Maxwell (TBC) Barrister

�        Simone Elias, Human Rights Working Group, Federation of Community Legal Centres, who will discuss the possibilities and scope for further use of human rights in every day practice, by drawing on the CLC experience.

Thursday 21 November at 5.45pm – 7.30pm at: Monash Conference Centre, Level 7, 30 Collins Street, Melbourne.

Cost at the door:       $10 person ($5 students; Community Legal Centres).

SYDNEY: 22 October 2002

Young Lawyers and ALHR are holding their third seminar for 2002, "Discrimination Issues in the Workplace". 

�        Sally Moyle, legal officer, office of the Sex Discrimination Commissioner, will speak on the employer's obligations in relation to pregnant workers, part-time work and family responsibilities, and on return to work from maternity leave onwards.

�        Kate Eastman, Barrister, will speak on legal aspects of sex discrimination and sexual harassment: employees' rights and employers' responsibilities in relation to harassment, vilification and victimisation. 

�        Sarah Heesom, Director, Staff and Student Equal Opportunity, Sydney University, will speak on the employer's responsibilities, compliance programs and policies to avoid discrimination and equal opportunity issues in practice. 

The seminar will be chaired by Robin Banks.  For details of how to register please contact Elvira at [email protected]

Other Events

Melbourne 31 October and 1 November

Human Rights Documentation Training

The language of human rights is increasingly used by non-government organisations. How do we translate this language into something concrete? How do we quantify people’s experiences of human rights violations? How can we back up our stories with statistics, move from anecdote to action?

HURIDOCS International (www.huridocs.org) has developed a simple, adaptable computer documentation program called WinEvsys, that puts human rights documentation in the hands of small organisations.  WinEvsys is a powerful tool for recording of human rights violations. It is simple, adaptable, and has been tailored to reflect trends and situations in the Asia-Pacific region. It can both track individual cases and identify broader trends.

The Victorian Immigrant and Refugee Women’s Coalition and Project Respect invite you to join a Melbourne training on WinEvsys.

Computer training room, Fitzroy Library, 128 Moor St, Fitzroy
Cost: $300 for two days, including training materials, all food etc.

October – November, nationally

"Border Stories" An Exhibition To Bring Refugees Home, The personal stories and treasured possessions of 10 of the world's 35 million refugees. 

M�decins Sans Fronti�res will undertake a five-city roadshow in Spring 2002 in Australia, featuring an exhibition known as ‘Border Stories’. The aim is to raise awareness about the plight of refugees/internally displaced populations and to humanise the people behind the faceless “millions” around the world.