Morrison government must ensure the independence and effectiveness of the Australian Human Rights Commission

The Human Rights Law Centre, the Australian Human Rights Institute (UNSW Sydney) and Amnesty International Australia have today called on the Morrison government to ensure the Australian Human Rights Commission is independent and effective, following revelations that the Commission’s “A status” may be downgraded. 

The global body that accredits national human rights watchdogs warned that the Commission’s ranking will be lowered if steps are not taken to ensure open merit-based selection processes for future Commissioner appointments.  

This comes after the Morrison government hand-picked Lorraine Finlay to be Human Rights Commissioner last year without an open, merit-based selection process. Finlay was appointed for a five-year term and replaced the outgoing commissioner Ed Santow. 

In 2019, Ben Gauntlett was hand-picked to be Disability Discrimination Commissioner, also without an open, merit-based selection process. Gauntlett filled the vacancy created after the outgoing commissioner Alastair McEwin was appointed to the disability royal commission. 

Last month, the Commission also warned that its current funding “does not provide us with the resources required to perform our statutory functions” and said jobs at the agency would need to be cut. 

Human Rights Law Centre Executive Director Hugh de Kretser said: 

“Whether it’s dealing with the indefinite detention of refugees, sexual harassment in our Parliament or the shameful treatment of Aboriginal and Torres Strait Islander Peoples, it’s clear that Australia needs a strong and independent Australian Human Rights Commission.  

“The Morrison government has undermined the independence and effectiveness of the Commission, making Commissioner appointments without a public, merit-based selection process. 

“The Morrison government’s actions have jeopardised our national human rights watchdog at a critical time for human rights, both at home and globally. Australia can and should lead the world on human rights. Instead of leading, the Morrison government is embarrassing us on the world stage.  

“The Morrison government must commit to reforms to ensure open merit-based selection processes for future Commissioner appointments, and to adequately funding the Commission so it can properly do its important work.” 

Australian Human Rights Institute Director, Professor Justine Nolan said: 

“The Australian Human Rights Commission’s current ‘A status’ means it has full participation rights at the UN Human Rights Council, the right to attend and speak up at UN meetings. 

“Partially compliant human rights commissions are given ‘B status’ and may only participate as observers. They are essentially works in progress. Among the countries in this class are Myanmar, Venezuela, Chad, Libya and Bahrain. 

“Australia’s ‘A status’ is now in jeopardy, thanks to the government’s handpicking of commissioners. A status downgrade can severely damage the legitimacy of the Australian Human Rights Commission and people’s confidence in its long-term ability to effectively protect human rights. 

“The government should agree to and mandate a legislated appointment process for all senior leadership roles. This is not a radical approach. If we cannot ensure the process to appoint a human rights commissioner is fair, what does this say about the fate of human rights in this country?” 

Amnesty International Australia Impact Director Tim O'Connor said: 

"For the Australian government to cherry pick commissioners to its own Human Rights Commission, without regard to a fair, transparent, merit-based approach, is instructive as to its commitment to ensuring human rights are not just enjoyed by all Australians but are embodied in Australia's engagement and interventions on the international stage. 

“In a world plagued by conflict and crises, a strong commitment to human rights-based action provides a solution to many of the problems the world confronts.  

"Yet Australia remains the only western democracy without a human rights charter, has a massive overrepresentation of Indigenous people, particularly children, in its jails and a bleak human rights record in relation to its treatment of people seeking asylum. 

“For these reasons, compounded by this latest imbroglio, this and future governments would be wise to instil human rights principles in its key human rights institution starting with the selection of its key office holders.” 

Background 

The Australian Human Rights Commission is an independent national institution that promotes understanding and respect for human rights in Australia. It receives and mediates thousands of discrimination and human rights complaints each year, undertakes public education and conducts major inquiries into human rights issues of national significance, such as its Respect@Work inquiry and the Stolen Generations report. There are a number of government-appointed Commissioner positions at the Commission and in 2023 three positions will be vacant. 

Following criticism of the Abbott government hand-picking Tim Wilson as Human Rights Commission in 2013, successive Australian governments have generally adopted open recruitment processes for commission appointments. However, the Morrison Government has reverted to hand-picking key roles. 

Media contact

Evan Schuurman, Human Rights Law Centre, 0406 117 937 or evan.schuurman@hrlc.org.au

Drew Sheldrick, Australian Human Rights Institute, 0421 012 114 or d.sheldrick@unsw.edu.au

Danielle Veldre, Amnesty International Australia, 0408 972 997 or danielle.veldre@amnesty.org.au