Putting human rights at the heart of Australia’s response to COVID-19

There is no doubt that this is a time for drastic action.

In this moment of crisis, from our desks at home, the Human Rights Law Centre is working across the country to make sure our governments are responding appropriately, fairly and in a way that does not undermine our human rights and democracy for years to come.

We’re also working hard to make sure communities that could be hit hardest – Aboriginal and Torres Strait Islander people, people behind bars, people with disabilities, people seeking asylum and refugees and women – are not unfairly burdened with this crisis.

Our democratic freedoms team has been working with decision makers, civil society groups and experts to ensure our democracy stays on track in these changing times. The significance and unprecedented pace of government decision making in the face of COVID-19 makes democratic oversight all the more important. We have therefore called on the Government to resume Parliament, in a way that is safe, and called on the Senate to establish a Select Committee to review the Government’s response to COVID-19.

In addition, we are calling on all governments around Australia to ensure all limitations to Australians’ civil liberties – like the digital surveillance of citizens – are discussed openly and clearly communicated to the public, are narrowly confined to what expert advice says is necessary, strictly time-bound and independently reviewed on an ongoing basis.

The Aboriginal and Torres Strait Islander peoples’ rights team is working closely with Northern Territory Aboriginal organisations on urgent measures to stop the risk of COVID-19 spreading through remote communities. Together we’ve halted the dangerous roll-out of the Government’s cashless debit card, which would have caused chaos and threatened access to food, and it’s exploitative work-for-the-dole program, which has left many people destitute and is inconsistent with public health measures.

The team has also been calling on Governments to listen to health experts and reduce the number of people in police cells and prisons during this crisis. Prisons are overcrowded, brutal environments with woeful healthcare. On radio, in print media, and in direct video meetings with decision makers, we are pushing for police to stop imprisoning people for minor offences, and for Governments to look to release certain at-risk groups from prisons, such as children and people with chronic health needs. 

Our asylum seeker and refugee rights team is fighting to secure the release of 1,400 women and men held in cramped conditions in immigration detention in Australia. People are forced to share rooms with four to six people, eat in crowded food halls, and are constantly in contact with guards and other staff. These conditions are ripe for catastrophe.

Our work to end offshore detention remains unabated. Now, more than ever, the Government must act and bring people held on Nauru and PNG to safety before a COVID-19 outbreak occurs. We are also working to ensure the safety of vulnerable refugees and asylum seekers living in communities across Australia.

Our work in these, and other areas, is focussed on making sure that nobody is left behind, and our expert legal teams are ready to take action should governments or corporations fail to do the right thing by the community.

The creation of an Australian Charter of Human Rights and Freedoms also remains an important focus.  A Charter will be transformative for Australia – it will put in place mechanisms that ensure fairness, respect and compassion are at the heart of government decision making, policies and laws, during good times and bad.

While the human rights challenges posed by COVID-19 are profound, there is hope on the horizon. We’ve already seen the Government take important steps to ensure people aren’t plunged further into poverty, like increasing the Newstart rate, introducing free childcare and putting a moratorium on evictions. We need to safeguard these wins and push for additional protections to guarantee that no one falls between the cracks, so that when this crisis passes, we can rebuild our lives and our communities in a way that centres human rights and leaves behind the inequalities that are right now being amplified.

Thank you so much for your ongoing support.

Ruth Barson and Daniel Webb
Joint Executive Directors (acting)
Human Rights Law Centre