ALHR: Australian Lawyers for Human Rights

On 18 July 2000 ALHR gave evidence to the Bill of Rights inquiry. A transcript is available as a .pdf document from the Committee's website.

The Committee reported on 3 October 2001, and a copy of the report is available as a .pdf document here.

The Committee recommended against NSW adopting a Bill of Rights. It did however recommend to the NSW Government that legislation in NSW be scrutinised for compliance with Australia's human rights obligations.

In November 2002 the NSW parliament passed the Legislation Review Amendment Act 2002 to amend the Regulation Review Act 1987. Consequently the newly established Legislation Review Committee will scrutinise all Bills and will advise the Parliament of the extent to which the proposed legislation

A Bill of Rights for the ACT?
In March 2003 ALHR made a submission to the Bill of Rights Consultative Committee in relation to their inquiry into a Bill of Rights for the ACT.

The Committee's Report was published on 21 May 2003.

Mandatory sentencing has been held to be unlawful in Fiji: decision in HTML or text-only

Convention Against Torture: Optional Protocol
On 18 July 2002 the Economic and Social Council (ECOSOC) of the United Nations considered the Optional Protocol to the Convention against Torture.

The Protocol would establish mechanisms for the prevention of torture, which do not presently exist. The text of the draft Protocol was agreed to at the April meeting of the Commission on Human Rights after a vote reflecting a significant majority (29 for,10 against, 14 abstentions). Australia has opposed the draft Protocol at the Commission on Human Rights because it will be adopted by vote instead of by consensus.

The main opponents to the Protocol, apart from the United States, are China, Cuba, Egypt and Saudi Arabia who have persistently objected to preventive measures. The text is supported by Canada, New Zealand, the European Union and other European countries and South Africa. (this background information supplied by Amnesty International)

ALHR exhorted the Australian Minister for Foreign Affairs and Trade Mr Downer to support the Protocol, in a letter dated 10 July 2002.

Privacy
In May 2003 ALHR made a submission on the Draft Guidelines on Consent and Capacity under the Privacy and Personal Information Protection Act 1998 (NSW) . ALHR's submission addressed the inapproriate way in which the draft guidelines dealt with the needs of people with disabilities.

Freedom of Information
In 2003, at the invitation of the Commonwealth Human Rights Initiative based in India, ALHR drafted a chapter on Australian law for its international 'Right To Information' publication.

Double Jeopardy
In May 2003 ALHR published an essay commenting on proposals to abolish or amend the criminal procedure rule against double jeopardy.

:: CORPORATE SOCIAL RESPONSIBILITY
In April 2003 ALHR made a submission to the Australian National Contact Point for the OECD Guidelines, proposing a definition of a Multinational Enterprise.

ALHR is concerned that the concept of a multinational enterprise is insufficiently defined.This results in real uncertainty as to the effective extent and effect of the OECD Guidelines for Multinational Enterprises, 2000 as a basis for ensuring corporations comply with human rights standards.

People with drug-dependence excluded from anti-discrimination laws
In February 2001, in letters to the NSW and Commonwealth Attorneys General,ALHR raised concerns regarding proposals to amend Federal and State anti-discrimination law to prevent drug dependence from being defined as a disability.

The NSW Government has since passed an amendment to the NSW Anti-Discrimination Act to allow discrimination against a person in the workplace on the ground of disability if the disability relates to addiction to a prohibited drug and the person is actually addicted.There are exceptions are for people with Hepatitis C or HIV infection.

The amendment was passed despite strong submissions from ALHR and other NGOs. The NSW Greens in the upper house moved amendments to limit the effect of the proposal, but none was adopted.The Opposition voted with the Government.

The practical result is that people with addiction to prohibited drugs are not given protection against discrimination in the workplace based on their addiction.People who have a disability arising from their addiction are similarly unprotected. Arguably this extends to people with a range of disabilities that could said to be connected to their addiction including mental illness, brain injury, physical disabilities.

People who have not used drugs for several years but could still be medically defined as 'addicted' can be discriminated against. So too can people who are no longer considered addicted but who have a disability which relates to their previous addiction even f their addiction ended many years ago.

In giving protection against disability discrimination, the NSW Anti-Discrimination Act will now distinguish between people to be protected based on the cause of their disability.

Pregnancy discrimination amendments to the Sex Discrimination Act
In 1999 the Human Rights and Equal Opportunity Commission published its report on the National Pregnancy and Work Inquiry : Pregnant and Productive: It's a right not a privilege to work while pregnant.

In response to the report's recommendations the Federal Goverment introduced the Sex Discrimination Amendment (Pregnancy and Work) Bill 2002 .

ALHR supports the Bill as far as it goes, but in a submission to Senators has called on the Parliament to amend the Bill to implemnt the full range of the report's recommendations, and to adequately reflect Australia's international human rights obligations.

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:: EDUCATION AND TRAINING

CDROM course on Human Rights Law
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 and the Victoria Law Foundation.

The need for a project such as this was explored in a paper Simon Rice gave to the Conference of the National Association of Community Legal Centres in Perth in September 2001.

'Human Rights In Practice' Seminars in NSW
Each year ALHR collaborates with the Young Lawyers section of the NSW Law Society to run a series of seminars on the human rights law dimensions of legal practice.

Human Rights and Good Governance Education in the Asia Pacific Region
In April 2003 ALHR made a submission to the inquiry by the Human Rights Sub-Committee Joint Standing Committee on Foreign Affairs, Defence and Trade.

On 16 May 2003 members of ALHR gave evidence to the Committee's public inquiry in Sydney.

:: INTERNATIONAL CRIMINAL COURT
In December 2000 ALHR made a submission to the Australian Government's Joint Standing Committee Inquiry into the 1998 Statute for an International Criminal Court. The submission will automatically download as a .pdf document from the Committee's website: http://www.aph.gov.au/house/committee/jsct/ICC/subsICC.htm

On 13 February 2001 ALHR gave evidence to the JSCOT Inquiry into the 1998 Statute for anInternational Criminal Court . The transcript will automatically download as a .pdf document from the Committee's website: http://www.aph.gov.au/house/committee/jsct/ICC/program.htm

On 15 February 2001 the Sydney Morning Herald published a letter from ALHR on Australia's ratification of the International Criminal Court. Since that time ALHR has campaigned consistently for Australia's ratification of the Statute . In May 2002 ALHR supported a mock ICC trial run by NSW Red Cross in the NSW Supreme Court.

After an extensive national inquiry, JSCOT recommended in favour of ratficationThe JSCOT inquiry reported on 14 May 2002, and its report is available from the Committee's website:
http://www.aph.gov.au/house/committee/jsct/ICC/ICC.htm

On 17 June 2002 ALHR wrote a letter to all Federal Coalition Members of Parliament to explain the effect of the ICC Statute, and to urge them to support ratification.

On 19 June 2002 the Federal Government resolved to ratify the Rome Statute and passed the necessary legislation.

The High Court decision in Teoh
In Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1994-1995) 183 CLR 273 the Australian High Court confirmed that an applicant to the Government for an administrative decision has a legitimate expectation that the decision-maker will take into account Australia's international treaty obligations when making the decision.

In April 2001 the Australian Government re-introduced a Bill designed to negate the effect of the High Court decision in Teoh: the Administrative Decisions (Effect of International Instruments) Bill 1999.

Australian Lawyers for Human Rights wrote a letter to all Australian Senators urging them to oppose the Bill. Response to our submission divided along party lines: the Government supporting the Bill, the Labor Party proposing amendments, and the Democrats opposing the Bill.

As well, Australian Lawyers for Human Rights issued a public comment on the Bill.

The Bill is now an 'old Bill' - it lapsed at the 2001 election and has not been re-introduced.

Proposed amendments to the HREOC Act in 1998
In 1998 the Australian Government called for submissions in relation to its Human Rights Legislation Amendment Bill (No. 2) 1998 . In July 1998 Australian Lawyers for Human Rights made a submission in response to an invitation from the Australian Government.

The Bill, which became the Human Rights Legislation Amendment Bill (No. 2) 1999 was not passed by the Australian Government, due in large part to a range of objections taken to its terms.

The Bill lapsed at the 2001 Federal election.

Proposed amendments to the HREOC Act in 1998
In 2003 the Australian Government re-introduced the 1999 proposed amendments, in the Australian Human Rights Commission Bill 2003.

The Bill was referred to the Senate Legal Consitutional Affairs Committee and ALHR made a submission in April 2003 (submission #174).

The Committee's report was published on 29 May 2003.

In 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 ALHR members volunteered to join a coalition of people to be trained to provide assistance to TPV holders.

For further information, or to request advice and assistance, email to: [email protected]

Human rights capabilities of Australian NGOs
ALHR is in partnership with the Australian Human Rights Centre at the University of NSW to operate t he Australian Human Rights Project. The Project will research and report on a national approach to supporting human rights advocacy and education in Australia. The Project is funded by the Myer Foundation and the Wynn Family Trust, and is supported by the UNSW Law Faculty.

Full recognition of human rights standards is essential to achieving social justice in Australia. ALHR believes that a national approach is a necessary response to Australiaï¿½s declining commitment to human rights standards. Through research and consultation, the Project will detail the necessary components for a national approach to be viable and effective .

In its first stage the Project will work with non-government social justice organisations to highlight the relevance of human rights to their work, and to learn about their capacity for human rights advocacy and education. This unprecedented research will allow organisations working with human rights to say what they do, how could do it better, and how their needs could be met.

In its second stage the Project will research and report on the appropriateness and feasibility of a national organisation, or other national approach, to meet these needs.

The Project will report by the end of 2003. Please see the PDF flier for more detail.

In 2003 the Senator Brian Greig of the Australian Democrats introduced a Private Member's Bill, the Sexuality Anti-Vilification Bill 2003 . ALHR supported the objects of the Bill, but had reservations about its drafting which were advised to Senator Grieg.

Anti-Terrorism Legislation 2002
In May 2002 Australian Lawyers for Human Rights made a submission to the Senate Legal and Constitutional Committee on the Security Legislation Amendment (Terrorism) Bill 2002 [No.2] .

ALHR understands the need to take steps to protect Australia from acts of terrorism, but says that in seeking a balance betweeen community safety and fundamental rights, the draft legislation contains unwarrented breaches of individuals' rights, and abrogates Australia's international human rights obligations.

The Committee's Report was tabled on 8 May 2002.

Anti-terrorism (ASIO) Legislation 2002|03
In November 2002 Australian Lawyers for Human Rights made a written submission (#177) t o the Senate Legal and Constitutional Committee on the Federal Government's proposed anti-terrorism amendments to ASIO powers: the Australian Security Intelligence Organisation Legislation Amendment
(Terrorism) Bill 2002.

On 26 November 2002 ALHR gave evidence to the Senate Committee public hearings in Sydney.

The Legality of the Iraq War
ALHR formed the opinion that that the agression against Iraq by the combined military forces of the USA, Great Britain and Australia was illegal in international law. ALHR adopted a policy position on the issue, and was one of 43 signatories to a widely published open letter.

:: BILL OF RIGHTS

:: WOMEN | GENDER