Guide for human rights defenders on domestic implementation of UN human rights recommendations

The Human Rights Law Centre and the International Service for Human Rights have published a Guide for Human Rights Defenders on Domestic Implementation of UN Human Rights Recommendations. The Guide is intended to assist NGOs with national level strategies to ensure that UN recommendations are properly recognised and implemented.

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Occupy Sydney protester’s claim under the implied freedom of communication rejected

Occupy Sydney protester Eamonn O’Flaherty claimed that he had a constitutionally implied right to occupy a city square with fellow protesters in Sydney as a way of demonstrating his political opinions and his support for the worldwide Occupy movement, and that the City of Sydney had violated his fundamental liberties by not allowing him and fellow protesters to remain in the square, thus unconstitutionally restricting his freedom of communication.

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Improved protections for Sex Discrimination Act welcomed by leading human rights organisation

Long overdue legal protections for gay, lesbian, bisexual, transgender and intersex people should be incorporated into Australia’s Sex Discrimination Act immediately, the Human Rights Law Centre has said in a submission today to the Senate’s Constitutional and Legal Affairs Committee currently examining the Government’s proposed amendments.

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Foreign Minister should raise human rights and press freedom in West Papua during Indonesia visit

With the Foreign Minister, Bob Carr, scheduled to visit Indonesia tomorrow, the Human Rights Law Centre has called for a forthright discussion about human rights abuses in the Indonesian province of Papua.

HRLC spokesperson, Tom Clarke, said Australia is well positioned to play a meaningful and constructive role in helping to address the continuing human rights crisis in Papua.

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Australia supports UN Human Rights Council’s call for Sri Lankan war crimes to be investigated

In late March 2013 the UN Human Rights Council passed a US-backed resolution calling on Sri Lanka to honour the commitments it has previously made to investigate widespread allegations of war crimes during the last months of the civil war in May 2009. The resolution also raised formal concerns about continuing enforced disappearances, human rights abuses and other threats to the rule of law in Sri Lanka including the recent impeachment of the Chief Justice.

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Supreme Court decision highlights failure of police complaints system

A decision by the Victorian Supreme Court, Bare v Small, has failed to uphold the right to the independent investigation of complaints of serious mistreatment at the hands of Victoria Police. The case was brought by Youthlaw and pro bono counsel on behalf of a young African man, Nassir Bare, who alleged serious assault, including being capsicum sprayed while handcuffed, and being racially slurred by police in a February 2009 incident when he was 17 years old.

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MichelleBennettPolice
Victoria Police to commence public review following racial discrimination court settlement

Victoria Police will commence a public inquiry aimed at stamping out racial profiling in police practices as a condition of an agreed out of court settlement in Haile-Michael and Others v Commissioner of Police and Others [Court no. VID 969 of 2010] – a racial discrimination claim brought by Flemington & Kensington Community Legal Centre and a pro bono legal team on behalf of six young African-Australian men.

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Australia is ready for new and improved discrimination laws

After years of discussion and consultation, the Federal Government has all it needs to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. Earlier today the Senate Legal and Constitutional Affairs Committee released its report on the exposure draft of the Human Rights and Anti-Discrimination Bill 2012.

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UN Human Rights Committee recognises extraterritorial obligations regarding business activity

The UN Human Rights Committee has recognised extraterritorial obligations under the International Covenant on Civil and Political Rights. On 31 October 2012, in its Concluding Observations on Germany's sixth periodic review under the ICCPR, the UN Human Rights Committee expressed concern regarding steps taken by Germany to protect against the human rights impacts of German companies operating abroad.

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A good Human Rights and Anti-Discrimination Bill could be great with a few with amendments

Despite needing some amendments, the Federal Government’s draft Human Rights and Anti-Discrimination Bill 2012 has the potential to strengthen protections against unfair treatment and make anti-discrimination laws more effective, accessible and cost-efficient. This is the message the Human Rights Law Centre will deliver when it gives evidence today before the Senate Legal and Constitutional Affairs Committee.

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A fairer and simpler law for all: HRLC Submission on Human Rights and Anti-Discrimination Bill 2012

The HRLC welcomes the Human Rights and Anti-Discrimination Bill 2012 as a culmination of many years of research, discussion and advocacy around the need to strengthen, modernise and streamline federal anti-discrimination laws. While there are aspects of the HRAD Bill that could be strengthened, the HRLC considers that the Bill improves protections against unfair treatment and makes anti-discrimination laws more effective, accessible and cost-efficient.

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New Human Rights Action Plan a step forward for rights but needs stronger accountability measures

On 10 December 2012, the Australian Government released the final version of its National Human Rights Action Plan (NHRAP). The NHRAP represents a key plank of Australia’s Human Rights Framework and is intended to "outline future action for the promotion and protection of rights in Australia".

The HRLC’s Director of Advocacy, Anna Brown,welcomed the final version of the NHRAP, but said it should be strengthened to ensure more effective monitoring, implementation and measurement of human rights.

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High Court to hear landmark case on race discrimination and “special measures”

The Human Rights Law Centre is assisting the National Congress of Australia’s First Peoples to make submissions as “amicus curiae” in the High Court in the case of Maloney v The Queen. The case relates to the prohibition against racial discrimination and the rights to participation and self-determination.

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UN Committee against Torture: Closing the circle for victims of torture

In offering redress to victims of torture and their families, “restoration of the dignity of the victim is the ultimate objective,” according to the UN Committee against Torture. The Committee has just published a detailed General Comment expanding on the key article in the Convention against Torture which says that victims of torture and their families have “an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible”.

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StreetCare videos: voices from the street

A new project of the Homeless Persons’ Legal Service and its consumer advisory group, StreetCare, uses video interviews as a way for StreetCare members to share their stories of homelessness. Called In their Words, the project will be included in training programs for people who work with homeless clients. The videos can also be shown to policymakers and politicians to improve their understanding of individual experiences of homelessness.

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MichelleBennettHousing
Fighting trafficking is everyone’s business – corporations must strive for trafficking-free supply chains

“Trafficking in persons is a global phenomenon which crosses borders, markets and industries,” said United Nations Special Rapporteur Joy Ngozi Ezeilo while urging business enterprises around the world to refrain from using trafficked labour, and prevent and monitor the use of such labour by its suppliers.

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Taser use at crisis point in Australia

Horrifying footage of a young Aboriginal boy being repeatedly Tasered, together with damning Coronial findings into the death of a Brazilian student and a Queensland Crime and Misconduct Commission report indicating increased reliance on Tasers by police, demonstrate the urgent need for more rigorous police training and more stringent regulation of police use of force.

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MichelleBennettPolice
Commissioner urges international MPs to strengthen protections for world’s seniors

The Age Discrimination Commissioner, Susan Ryan, has told the Parliamentary Friends of Seniors and Ageing that she believes there needs to be more protection of older people around the world. Reporting on her recent presentation at the UN’s Open Ended Working Group on Older People, Commissioner Ryan told MP’s at parliament House in Canberra that she has been convinced by the case put forward by those UN member States calling for the drafting of a new convention.

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Progression and regression at the 21st session of the Human Rights Council

The 21st session of the Human Rights Council saw some worrying signs of regression, with, however, some notable bright spots. The session saw a number of significant thematic developments. The issue of reprisals had a high profile with the Council’s first ever panel discussion dedicated to the problem. As there will be no resolution on the issue until September 2013, the challenge now is to ensure that action is not shelved, and that concrete steps are taken in the meantime to protect against and respond to reprisals.

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Indonesian fisherman files first international case against Australia’s people smuggling laws

An Indonesian fisherman has filed the first international case against Australia’s people smuggling legislation, claiming the laws violate international law. The fisherman is represented by senior law students from the University of New South Wales’ Human Rights Clinic. Due to mandatory sentencing, fisherman Mr Nasir is serving a five-year jail term in an Australian prison – a significantly longer sentence than he would otherwise have received for being a cook on an asylum seeker boat, according to the Queensland Supreme Court.

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Australian aid funding tangled up in human rights violations in Cambodia

A project to upgrade and connect Cambodia’s debilitated railways – which received $26 million of funding from AusAID – has caused significant harm to many of the 4000 families it is displacing. The Human Rights Law Centre has assisted a Cambodian NGO, Equitable Cambodia, and the New York-based, Inclusive Development International to submit a complaint with the Australian Human Rights Commission.

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Expert Roundtable on Tasers

Together with our friends at the Federation of Community Legal Centres, the Human Rights Law Centre convened a roundtable discussion on the use of Tasers with international expert Professor Rob Gordon, Director of the School of Criminology at Simon Fraser University in British Columbia, Canada. The roundtable was generously hosted by Allens and attendees included senior members of Victoria Police, policy makers from the Victorian Government Department of Justice, academic experts and community lawyers.

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MichelleBennettPolice
New High Court judge appointed

The High Court of Australia has welcomed a new member to its bench – Commonwealth Solicitor General Stephen Gageler SC. Gageler was recently before the High Court arguing the Commonwealth’s case for the plain packaging of cigarettes, a case he won before his new colleagues. Gageler also lead the Commonwealth’s notable loss last year before the High Court in the Malaysia Solution case.

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High Court to consider right to protest in landmark constitutional case

The Human Rights Law Centre has applied to intervene in a significant High Court case concerning freedom of expression and freedom of religion and the right to peaceful protest. “The HRLC has a principled commitment to human rights and has sought to intervene in support of the right of all protesters to exercise their fundamental right to freedom of expression,” said Anna Brown, Director of Advocacy from the HRLC.

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VEOHRC anti-hate campaign

The Victorian Equal Opportunity and Human Rights Commission has launched an anti-hate campaign in response to the Commission’s research project, Reporting racism: what you say matters. Almost half of the people surveyed had witnessed racism happening to someone else and wanted to do something but didn’t know how to respond. The anti-hate website, http://www.antihate.vic.gov.au/, provides the solution. It also lets people know how they can take their complaint further or get more information from the Commission.

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VEOHRC research into experiences of students with disabilities in Victorian schools

The Victorian Equal Opportunity and Human Rights Commission has released Held back: the experiences of students with disabilities in Victorian schools. The Commission undertook research examining the experiences of students with disabilities in Victorian Schools to learn how schools are meeting students’ needs, as well as understanding where practice might be improved.

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UNHCR opposes mandatory detention of asylum seekers – new guidelines released

The United Nations High Commissioner for Refugees (UNHCR) has issued new guidelines relating to the detention of asylum seekers. An overarching theme of the ten guidelines is that the detention of asylum seekers is an exceptional measure of last resort which can only be applied where it pursues a legitimate purpose and has been determined to be both necessary and proportionate in each individual case.

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Five year anniversary of the United Nations Declaration on the Rights of Indigenous Peoples

"Today marks the fifth anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples. Without doubt this international instrument has already been established universally as a human rights benchmark to confirm the indigenous peoples of the world are equal to all other peoples. This achievement, within the first five years of its life, is verification that the rights of our peoples, encompassing social organisation, cultures, territories and development, are progressively being acknowledged."

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Treaty body strengthening process

In June this year the UN High Commissioner for Human Rights issued a report setting out a series of recommendations for strengthening the treaty body system. Those recommendations were based on the outcomes of a series of consultations that had been held since late 2009, known informally as the ‘Dublin process’.

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Loss of Tenant Advocacy Services Unfair, Possibly Discriminatory

“People with disabilities will be badly affected by the Qld state government’s axing of the Tenant Advice and Advocacy Service (TAAS) program” said Mr Ken Wade of disability advocacy organisation Queensland Advocacy Incorporated. The Housing Minister Dr Bruce Flegg announced the termination in late July, and services are expected to cease operation from Wednesday 31 October 2012.

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Homelessness law needs major rethink, says PIAC

The Federal Government’s draft Homelessness Bill 2012 needs a major re-think in order to have a positive, practical impact on people who are homeless or at risk of homelessness. That’s the message delivered by the Public Interest Advocacy Centre (PIAC) to the Federal Minister for Housing and Minister for Homelessness, Brendan O’Connor.

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MichelleBennettHousing
Release of the Disability Rights Now Report: Australia is failing people with disability

On 29 August 2012, a coalition of leading disability, human rights and community organisations released the Disability Rights Now report, a comprehensive assessment of Australia’s compliance with the Convention on the Rights of Persons with Disabilities (CRPD). The report makes over 130 recommendations for Australia to embed the rights, standards and obligations contained in the CRPD into all aspects of Australian law, policy and practice.

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UN set to question Australia about its commitment to human rights

The Australian Government’s failure to implement more than 20 recommendations from the United Nations (UN) Human Rights Committee highlights the need to make the promotion and protection of human rights a national priority. Making a submission to the UN Human Rights Committee – which is preparing for a major review of Australia’s human rights record – the Human Rights Law Centre criticised the Australian Government for dragging its feet in a number of key areas of human rights concern.

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Victorian prisoner to argue duty to provide clean needles

A Victorian prisoner is preparing proceedings against the State Government alleging that it has failed to protect him from exposure to hepatitis C during his time in jail. Prisons have been described as a ''hot bed'' for blood-borne viruses such as hepatitis C, with more than 40 percent of Victorian prisoners carrying the virus. Coupled with the prevalence of intravenous drug use in Victorian prisons, a failure to provide clean needles and syringes may amount to a breach of the state's common law duty of care and obligations under the Victorian Charter of Human Rights and Responsibilities.

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Human Rights Charter helping to create a fairer, more inclusive Victoria

Victoria’s Charter of Human Rights and Responsibilities continues to make a real, practical difference in the lives of Victorians, according to the fifth Charter report tabled in Parliament on 19 June. Victorian Equal Opportunity and Human Rights Acting Commissioner Karen Toohey said that Rights in focus: 2011 report on the operation of the Charter of Human Rights and Responsibilities highlighted the way the Charter is helping Victorians to realise their rights and to resolve everyday issues that can have a profound effect on their quality of life.

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Professor Gillian Triggs appointed President of the Australian Human Rights Commission

Professor Gillian Triggs, the Dean of Sydney Law School, has been appointed as the new President of the Australian Human Rights Commission. She will replace the Hon Catherine Branson QC, who will step down as President in July 2012. Professor Triggs is a leading international law expert and is highly regarded as an administrator and strategist. The Human Rights Law Centre congratulates Professor Triggs on her appointment to this important position and looks forward to working closely and collaboratively with her to promote and protect human rights in Australia.

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UN Human Rights Council session opens against a back drop of human rights crises

Ms Navi Pillay, having been appointed to a second term as the High Commissioner for Human Rights, opened the 20th Special Session of the Human Rights Council on 18 June. Ms Pillay reminded delegates that the “backdrop of crises” – political, economic and humanitarian – against which they now meet pose serious obstacles to the realisation of human rights across the globe.

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Joint Parliamentary Committee urges Government to take urgent action to prevent ill-treatment in detention

A bipartisan parliamentary committee has unanimously recommended that the Federal Government take immediate action to improve monitoring and accountability, and prevent ill-treatment, in places of detention. The Joint Standing Committee on Treaties (JSCOT) has recommended that Australia ratify and implement the Optional Protocol to the Convention against Torture as a matter of priority.

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UN Committee on the Rights of the Child releases damning report on Australia

The UN Committee on the Rights of the Child has handed down a damning report on Australia following its periodic review which took place on 4 and 5 June. The Committee’s “Concluding Observations” are a comprehensive set of recommendations to Australia on steps it should take to ensure better compliance with its international legal obligations under the Convention on the Rights of the Child (CRC).

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US State Department annual human rights report highlights violence against women, Indigenous disadvantage and prolonged detention of asylum seekers as issues in Australia

The US State Department has highlighted violence against women and children, Indigenous disadvantage and the prolonged detention of asylum seekers as “principal problem areas” in Australia in its annual report on the state of human rights around the world.

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Victorian Equal Opportunity and Human Rights Commission Board member must take a stand for equality, not perpetuate discrimination and harmful stereotypes

The Human Rights Law Centre has called on Professor Kuruvilla George to reconsider his position on the Board of the Victorian Equal Opportunity and Human Rights Commission in light of the conflict of interest between his position on gay and lesbian rights and his duties and functions under the Equal Opportunity Act 2010.

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Australia should raise torture concerns with Sri Lanka: Cooperation on people-smuggling risks further abuses

Australia’s immigration minister should raise concerns with Sri Lankan officials about alleged arbitrary arrest and torture of people who were refused asylum and sent back to Sri Lanka when he visits this week, the Human Rights Law Centre and Human Rights Watch said today. Immigration Minister Chris Bowen is scheduled to visit Sri Lanka from 2 to 4 May 2012, to discuss migration issues, including preventing people smuggling from Sri Lanka to Australia.

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Death in prison van leads to transportation changes

The NSW Government has responded to the recommendations of Deputy State Coroner MacMahon in the inquest into the death of Mark Holcroft in 2009. Mr Holcroft died after he suffered a heart attack in a prison van travelling from Bathurst Correctional Centre to Mannus Correctional Centre. The Coroner made eight significant recommendations regarding humane treatment of prisoners when being transported in prison vans over long distances.

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New National Children’s Commissioner will promote and protect the human rights of vulnerable children and young people

The establishment of a National Children’s Commissioner will help to promote and protect the human rights of children and young people and ensure that the best interests of children are taken into account in the development of national law and policy. Welcoming the Attorney-General’s announcement that the Government will appoint a Children’s Commissioner to sit within the Australian Human Rights Commission, the Human Rights Law Centre said that the position will assist to safeguard the rights of children and young people who are vulnerable and disadvantaged.

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Four Corners report highlights need for independent investigations of police related deaths

When the police shoot someone, the resulting investigation should be independent of the police force. Following an ABC Four Corners program about the police shooting of Adam Salter, Public Interest Advocacy Centre Chief Executive, Edward Santow, said there is an urgent need for independent investigators to assist Coroners when the police are involved in someone’s death.

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MichelleBennettPolice
NT Stronger Futures laws “disempowering, damaging and doomed to fail”

Proposed legislation to extend the Federal Government’s Northern Territory Intervention measures will be ineffective in addressing Aboriginal disadvantage and will further damage the government’s relationship with Aboriginal peoples. “The Stronger Futures measures are highly likely to be ineffective in achieving the Federal Government’s objective of Closing the Gap and improving the lives of Aboriginal peoples,” said Ben Schokman of the Human Rights Law Centre.

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Amnesty says Australia must urgently reform its immigration detention system

Amnesty International has called on Australia to urgently reform its policy of mandatory detention for asylum seekers, following a 12-day tour of Australian immigration detention facilities conducted by an international delegation. Amnesty’s refugee spokesperson, Dr Graham Thom, said the despair and isolation witnessed by the delegation was “symptomatic of an untenable system for people waiting for their claims to be processed”.

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Victoria urged to look north for valuable prison policies lessons

The Executive Officer of the Victorian Federation of Community Legal Centres and spokesperson for Smart Justice, Hugh de Kretser, has urged the Victorian Government to look to New South Wales for valuable lessons in prison policies. In a recent opinion piece Mr de Kretser highlighted the NSW Attorney-General’s recognition that building more prisons is expensive and does little to make a better style and his desire for spending to shift to reducing incarceration rates.

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MichelleBennett
Constitutional recognition for Australia’s first peoples deserves a fair go

When Federal Parliament reopened last month, both major parties recommitted to Constitutional recognition for Aboriginals and Torres Strait Islanders. The Prime Minister also announced $10 million in funding to support community discussion and education about the proposed Constitutional reforms, which will be modeled on the recommendations of a 22-member expert panel.

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Independent National Security Legislation Monitor publishes first report on Australia’s counter-terrorism laws

On 19 March 2012, the Federal Government tabled in Parliament the first annual report of the Independent National Security Legislation Monitor on the operation of Australia’s counter-terrorism and national security legislation. The Independent Monitor, Bret Walker SC, was appointed under the Independent National Security Legislation Monitor Act 2010 (Cth) and is empowered to review and report on Australia’s counter-terrorism and national security legislation, including its compliance with Australia’s international human rights obligations. The Independent Monitor’s first report very usefully outlines the principles for assessing whether Australia’s counter-terrorism laws are effective and remain appropriate and also identifies areas where the Independent Monitor will focus his work for 2012.

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New principles on children’s rights and business principles

The Children's Rights and Business Principles, developed by UNICEF, the UN Global Compact and Save the Children, were launched on 12 March 2012.

The Principles seek to present a coherent vision for business, building on existing standards and initiatives, to maximise the positive impacts of business activity on children's rights, and eliminate negative impacts. They were developed through an extensive multi-stakeholder consultation process and are derived from internationally recognised children's rights. The first Principle outlines core actions to be taken by business, including policy commitments, due diligence and remediation. The remaining Principles provide guidance on the implementation of these core actions across all business activity.

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Joint Statement of HRLC and ILWP: Conviction of West Papuan independence activists breaches human rights

Just prior to its Universal Periodic Review before the UN Human Rights Council, Indonesia’s commitment to democracy and free speech has been questioned with the conviction of Papuan activists, Forkorus Yaboisembut, Edison Waromi, August Makbrowen Senay, Dominikus Sorabut and Selpius Bobii (the “Jayapura 5”) for treason. All five were convicted and sentenced to 3 years in prison for expressing their political views at last year’s Third Papuan Congress, a peaceful assembly of indigenous West Papuans.

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Stronger Futures legislation is disempowering, damaging and doomed to fail

Proposed legislation to extend the Federal Government’s Northern Territory Intervention measures will undermine democracy, further damage the government’s relationship with Aboriginal peoples and be ineffective in addressing Aboriginal disadvantage, says the Human Rights Law Centre. “The Stronger Futures measures are highly likely to be ineffective in achieving the Federal Government’s objective of Closing the Gap and improving the lives of Aboriginal peoples,” said Ben Schokman of the Human Rights Law Centre.

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MichelleBennett
Baillieu Government retains and may strengthen Victorian Charter of Human Rights

Victoria’s Charter of Human Rights will be retained following the tabling of a Baillieu Government statement on its future in parliament today. “The decision to retain the Charter is a victory for evidence-based policy, accountable government and a fair go for all Victorians,” said Phil Lynch, Executive Director of the Human Rights Law Centre.

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The evidence is in: the Charter of Human Rights is working for all Victorians

A collection of case studies that illustrate the many benefits delivered by Victoria’s Charter of Human Rights and Responsibilities has been published by the Human Rights Law Centre (HRLC). The HRLC’s Ben Schokman said the 101 case studies – taken from the various submissions made to the Victorian Government’s 2011 Review of the Charter – paint an overwhelming picture of an effective and efficient Charter that delivers tangible benefits to all Victorians.

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Four Corners report highlights need for independent investigations of police related deaths

When the police shoot someone, the resulting investigation should be independent of the police force, according to two of Australia’s leading human rights organisations. Public Interest Advocacy Centre Chief Executive, Edward Santow, said last night’s Four Corners program about the police shooting of Adam Salter, highlights the need for independent investigators to assist Coroners when the police are involved in someone’s death.

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MichelleBennettPolice
Optional Protocol to the UN CRC opens for signature

The UN Secretary-General has announced that the new Optional Protocol to the Convention on the Rights of the Child will open for signature on 28 February 2012. Any State that has signed, ratified or acceded to the Convention or either of the two existing Optional Protocols will be able to sign the new Optional Protocol, which will create an international complaints mechanism forbreaches of children’s rights.

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World responds to Sri Lanka’s Lessons Learned and Reconciliation Commission report

The report of Sri Lanka’s Lessons Learned and Reconciliation Committee, which was established to investigate events during February 2002 to May 2009, was released to the public on 16 December 2011. The report has garnered criticism from international human rights bodies and the Australian government for failing to deal comprehensively with human rights abuses. Human Rights Watch said the report “disregards the worst abuses by government forces, rehashes longstanding recommendations, and fails to advance accountability for victims of Sri Lanka’s civil armed conflict”.

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High Court misses opportunity to uphold freedom of speech and freedom of the press

The High Court has missed a major opportunity to strengthen and uphold the rights to free speech, freedom of assembly and freedom of the press in the case of Wotton v Queensland. Lex Wotton, an Aboriginal man convicted of offences associated with the Palm Island riots that followed the death of Mulrunji Doomadgee in police custody, was today unsuccessful in challenging the terms of his parole.

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Australia moves to strengthen oversight and accountability of places of detention

Australia has moved a step closer to ensuring independent monitoring, inspection and oversight of places of detention. The Commonwealth Attorney-General, Nicola Roxon, and the Acting Minister for Foreign Affairs, Craig Emerson, today tabled a National Interest Analysis on Australia's ratification of the Optional Protocol to the Convention against Torture.

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Human rights protections in Tasmania a vital and cost-effective way to promote human rights

The Tasmanian Government’s decision to shelve the introduction of a Charter of Human Rights because of budgetary constraints is misconceived and fails to understand the substantial economic and social benefits of human rights protections, according to a leading human rights organisation. The Human Rights Law Centre’s Ben Schokman said a Charter of Human Rights is a cost-effective way to promote human rights and would have significant social and economic benefits.

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Abolition of mandatory sentences for people smuggling essential to respect human rights and the rule of law

Proposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the HRLC’s Director of Policy and Campaigns.

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Outdated equality laws must be strengthened to meet Australia’s human rights obligations under international law

Australia's anti-discrimination laws must be amended to comply with international human rights standards and contribute to a fairer, healthier, more inclusive and prosperous community. In a major submission to the Commonwealth Attorney-General, who is reviewing the laws, the Human Rights Law Centre has called for the Government to use this critical opportunity to address gaps in the laws and strengthen existing protections.

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Government to enable same-sex couples to marry overseas

From 1 February 2012, same-sex couples will be able to apply to the Australian Government for a certificate that enables them to marry overseas. When a couple wishes to marry overseas, they must usually apply to the Australian Government for a Certificate of No Impediment (CNI). The CNI confirms to the government in the country where the couple plans to get married that the Australian Government see no obstacle to the marriage.

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Abolition of mandatory sentences for people smuggling essential to respect human rights and the rule of law

Proposed Greens’ amendments to the Migration Act 1958 to abolish mandatory sentences for people smuggling offences are essential to protect human rights and the rule of law, according to the Human Rights Law Centre. “There is no place for mandatory sentencing in a healthy democracy governed by the rule of law,” said Rachel Ball, the HRLC’s Director of Policy and Campaigns.

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Leading Australians recognised in Australia’s annual Human Rights Awards

Ron Merkel QC has been announced as the winner of the prestigious 2011 Human Rights Medal at the Australian Human Rights Commission’s annual Human Rights Awards in Sydney. Meanwhile, a legal team comprising Allens Arthur Robinson, the Refugee and Immigration Legal Centre, Debbie Mortimer SC and Richard Niall SC were awarded the Human Rights Law Award for their outstanding legal advocacy for refugees and asylum seekers.

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What are the top 10 issues in business and human rights in 2012?

On International Human Rights Day, 10 December 2011, the Institute for Human Rights and Business released its list of the top 10 emerging business and human rights issues for 2012. Through its top 10 list, the IHRB seeks to address diverse aspects of how the 'Protect, Respect and Remedy' Framework and the Guiding Principles on Business and Human Rights can be implemented to achieve real change in corporate human rights performance over the coming year and beyond.

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New website showcases arresting and shocking human rights facts

Australian Human Rights Commission President Catherine Branson QC delivered the 2011 Human Rights Day Oration and announced a major new Commission initiative to build understanding and respect for human rights in Australia. “I am proud to be able to launch an innovative online initiative today, known as Something In Common, which aims for greater community engagement with human rights issues,” Ms Branson said.

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MichelleBennettOther
Police shooting: Coroner's findings highlight urgent need for reform of police training on use of force

Victoria Police must take a new approach to handling confrontation with people in crisis, the Human Rights Law Centre has said, following today’s release of the findings of the coronial inquest into the 2008 police shooting of Melbourne teenager Tyler Cassidy. The Human Rights Law Centre’s Director of Advocacy and Strategic Litigation, Anna Brown, said it is important to keep in mind that the police shooting of Tyler Cassidy was not a one off.

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MichelleBennettPolice
Australia must urgently strengthen law against cluster bombs: Open letter to Minister for Defence, Minister for Foreign Affairs and Attorney-General

When Mohamad Hassan Sultan and four other boys were innocently watching rubble being removed from a house destroyed in a cluster bomb strike, a truck bumped a tree, dislodging a cluster bomb. It detonated by Mohamad’s feet and blew up into him. He was killed and all his friends were injured. His shoes were blown off with parts of his feet and ankles still in them.

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Strengthen the Victorian Charter!

The Victorian Government is currently reviewing the Charter of Human Rights and Responsibilities Act. This review could result in the Charter being strengthened and streamlined, weakened, or even repealed. The Government position is being coordinated by the Office of the Premier and the Department of Premier and Cabinet. It is likely that a decision on the future of the Charter will be made within Government by December 2011, with a formal Government position announced in March 2012.

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Australia and the Commonwealth must take action on Sri Lanka

On 20 October 2011, a coalition of leading human rights NGOs, including the Human Rights Law Centre, Human Rights Watch and the Commonwealth Human Rights Initiative, sent an Open Letter to the Commonwealth Heads of Government regarding the need to take urgent action on human rights in Sri Lanka at the forthcoming meeting of the Commonwealth Heads of Government in Perth. The letter was written as further evidence emerges of serious violations of human rights and international humanitarian law against Tamil civilians by Sri Lanka's military, including systemic rape, murder and the targeting of hospitals and health care clinics.

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UK Developments - Parliamentary Committee calls for more principled and consistent approach to human rights in foreign policy

A parliamentary committee has recommended that the United Kingdom take a more principled, persistent and consistent approach to human rights in foreign policy. The House of Commons Foreign Affairs Committee, in their report on the Foreign Office's human rights work, welcomes the Government’s commitment to “the promotion of human rights overseas as one of its central foreign policy objectives”, but recommends that the UK “take a more robust and significantly more consistent position on human rights violations”.

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Australia Fronts UN to Defend Human Rights Record

Australia faced a hard sell to defend its human rights record when it appeared before the UN Human Rights Council in Geneva on 8 June 2011. Australia’s delegation delivered its formal response to 145 recommendations made as part of the UN’s Universal Periodic Review process, which reviews the human rights records of all 192 United Nations Member States.

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Australia issues formal response to UPR recommendations

The Australian Government has today formally responded to recommendations made by the UN’s Human Rights Council in February this year, claiming it will accept, at least in part, 90 percent of the recommendations arising from the Universal Periodic Review process. Whilst welcoming the majority of the Government’s response, the Human Rights Law Centre’s Director of International Human Rights Advocacy, Ben Schokman, said the ten percent the Government has rejected contain some of the most significant recommendations.

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Asylum Seekers and Mandatory Detention: NGO Statement to UN Human Rights Council

On 30 May 2011, the UN High Commissioner for Human Rights, Navi Pillay, delivered her report on the global state of human rights to the UN Human Rights Council in Geneva.  The report deals with a wide range of international human rights issues, including Australia’s policy of mandatory immigration detention and the ongoing issue of Indigenous disadvantage and disempowerment. T

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Victorian Charter: After 4 Years the Impact of the Charter is 'Clear and Positive'

on the operation of the Charter of Human Rights and Responsibilities, entitled Talking Rights, was tabled in Parliament. Each year, the Commission is required to submit a report to parliament which examines the operation of the Charter, including its interactions with other laws, and any declarations of inconsistent interpretation and override declarations.

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Join the Campaign for a Comprehensive National Equality Act

The Human Rights Law Centre (HRLC) has unveiled a new website, www.equalitylaw.org.au, to encourage and facilitate discussions about the Australian Government’s consolidation process of federal anti-discrimination laws. There are a number of federal anti-discrimination laws in Australia which aim to tackle discrimination on the basis of race, sex, disability and age. In April 2010, the Australian Government committed to examining gaps in the existing anti-discrimination laws and consolidating them into a single Equality Act.

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Australia’s extradition legislation needs to guarantee protection from torture and the death penalty

Loopholes in Australia’s extradition procedures need to be closed to prevent exposing people to human rights violations, the Human Rights Law Resource Centre has recommended. The Commonwealth Attorney-General’s Department has concluded it consultation process for an exposure draft to update the Extradition Act and Mutual Assistance in Criminal Matters Act.

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Centre Intervenes as Amicus Curiae in High Court in Landmark Charter of Rights Case: Momcilovic v The Queen & Ors

The HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia.  The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in Canberra on 8–10 February 2011. 

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Australia’s legal system exposed to vulture fund operations

The United Nation’s Independent Expert on the Effects of Foreign Debt and other Related International Financial Obligations on Human Rights, Dr Cephas Lumina, will visit Australia this week to discuss efforts to prevent profiteering by vulture funds. Vulture funds are operated by private investment firms which purchase foreign debt of developing countries at a heavily discounted price and then seek to recover the full amount of debt with significant interest and spurious fees through legal proceedings based in countries such as the US, UK and Australia.

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Victorian Attorney-General Should Commit to Strengthen Charter and Protection of Human Rights

On 10 December 2010, a coalition of over 70 human rights NGOs, community organisations, corporations and religious groups wrote to the new Victorian Attorney-General, the Hon Robert Clark MP, calling on him to strengthen the Charter of Human Rights and Responsibilities Act. The signatories wrote that, overall, the Charter has had a positive impact on:

  • governmental transparency and accountability;
  • legislative and policy development, including by integrating human rights considerations and safeguards into laws and processes; and
  • public service delivery and outcomes.
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Have Your Say on a Charter of Human Rights for Tasmania

On 20 October 2010, the Tasmanian Government released a ‘Directions Paper’ proposing a Charter of Human Rights and Responsibilities for Tasmania.  The Government is seeking responses to the paper by 14 January 2011. This is your chance to have your say on the promotion and protection of human rights and to learn from and build on Charters of Rights in Victoria and the ACT.

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Asylum Seekers: Right to Protection and Non-Refoulement

On 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics and NGOs, sent a Briefing Note to Members of Parliament regarding the extension of protection to people at risk of torture and other serious human rights violations.

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A Fairer Australia: Key Human Rights Priorities for the Gillard Government

On 14 September 2010, the Human Rights Law Resource Centre wrote to the Attorney-General, the Hon Rob McClelland, urging that the promotion and protection of human rights be a key aim and instrument of the Gillard Government. The Centre set out ten policies which the Government should commit to and implement as a matter of priority and urgency for a fairer Australia.

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Housing Rights: HRLRC Seeks Leave to Intervene in Director of Housing v Sudi

On 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi.  The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] VCAT 328, in which his Honour held that the Director of Housing acted unlawfully under the Victorian Charter of Human Rights and Responsibilities in seeking to evict a Somali refugee and his two year old son from public housing without providing any justification.

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Asia-Pacific: Brief to UN Special Rapporteur on Human Rights Defenders

On 3 September 2010, the Human Rights Law Resource Centre, together with the International Service for Human Rights and the Pacific Regional Rights Resource Team, provided a Brief on the Pacific Region to Ms Margaret Sekaggya, the Special Rapporteur on the Situation of Human Rights Defenders, in advance of her visit to Fiji scheduled for 6 to 10 September 2010. The brief is based on desktop research and provides preliminary or background information on human rights structures, initiatives and issues in the Pacific region. 

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Women's Rights: Committee on the Elimination of Discrimination against Women releases Concluding Observations on Australia

The UN Committee on the Elimination of Discrimination against Women has released its Concluding Observations following a review of Australia’s compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Committee comments on a number of positive developments in Australia and welcomes the enactment of the Paid Parental Leave Act 2010, the ratification of the Optional Protocol to CEDAW and measures adopted to combat trafficking and support victims of trafficking.  The Committee acknowledges the progress made in promoting women in leadership positions and notes that two of Australia’s highest public offices are occupied by women.  

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Race Discrimination: UN Committee Releases Report and Recommendations on Australia

A high-level UN committee has found that Australia needs to take urgent measures to address racism and racial discrimination, disadvantage and inequality. On 27 August 2010, the UN Committee on the Elimination of Racial Discrimination released its Concluding Observations following a review of Australia’s compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

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United Nations spotlights racism in Australia

This Tuesday 10 August 2010 the Australian Government will attend a hearing at the United Nations in Geneva to explain some of its most controversial policies to an expert body on racism. The UN Committee on Racial Discrimination has asked Australia to provide it with information on how Australia is performing its legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination.

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CERD: NGO Report for Review of Australia

Australia is scheduled to be reviewed by the UN Committee on the Elimination of Racial Discrimination in relation to its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in Geneva in August 2010. In July 2010, the Human Rights Law Resource Centre, together with the National Association of Community Legal Centres, submitted a major NGO submission on Australia to the UN Committee on the Elimination of Racial Discrimination.

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NGO Report on Australia under Universal Periodic Review: Request for Endorsements by 9 July (30 June 2010)

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of NGOs has prepared a 5 page report on human rights in Australia, setting out key issues and concrete recommendations.  The principal authors of the report are the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres.

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Asia-Pacific: Centre Influences New Framework for ‘Australia’s Law and Justice Engagement with the Pacific'

The Attorney-General and Minister for Foreign Affairs recently launched Australia’s Framework for Law and Justice in the Pacific.  The Framework is a high-level statement of priorities intended to guide Australia’s work in the Pacific law and justice sector. The Framework commits Australia to help Pacific countries strengthen the rule of law and protect human rights. 

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NGO Report to CERD: Call for Endorsements by 30 June

The Endorsement Draft of the NGO Shadow Report to the UN Committee on the Elimination of Racial Discrimination is now available.

The report has been prepared over the last 5 months in consultation with a broad range of community organisations and NGOs in Australia and we hope that it will also be supported by even wider range of organisations and individuals. The more support the better. The report will be presented to the UN in August 2010, when Australia formally appears for review.

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Right to Health: UN Special Rapporteur Releases Report on Australia - Focus on Indigenous Health and Detainee Health

On 3 June 2010, the UN Special Rapportuer on the Right to the Highest Attainable Standard of Health, Anand Grover, released his final report following a mission to Australia in November and December 2009. The report focuses on the standard of living and quality of health care and health services for Aboriginal and Torres Strait Islanders, people in prison and immigration detainees.

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Refugee Rights: Processing Suspension Breaches International and Domestic Human Rights Law

The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals. The detailed opinion concludes that the Australian Government's policy is unlawful under international and Australian law.  The policy – and persons acting under the policy – are susceptible to challenge in the Federal Court of Australia and the High Court of Australia.  A complaint could also be lodged with the United Nations Human Rights Committee.

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Human Rights in the Asia-Pacific: Major Report on Australia's Role in the Region

On 3 May 2010, the Australian Parliament’s Human Rights Sub-Committee published a much anticipated report on Australia’s role in promoting and protecting human rights in the Asia-Pacific region, entitled Human Rights in the Asia-Pacific: Challenges and Opportunities. The Committee identified that the ‘Asia-Pacific is a diverse and complex region with a mosaic of human rights challenges’ and found that there is a ‘clear need to enhance mechanisms to protect human rights and to monitor and redress human rights violations’.  

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Australia's Human Rights Framework

On 21 April 2010, the Attorney-General launched the Federal Government’s response to the National Human Rights Consultation, entitled ‘Australia’s Human Rights Framework. The Government’s Framework fails to implement the key recommendation of the National Human Rights Consultation Report – supported by over 87% of a record 35,000 submissions – that Australia enact a federal Human Rights Act.

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A New Equality Law: Victoria Moves in the Right Direction

On 9 March, the Equal Opportunity Bill 2010 was introduced into Victorian Parliament.  The proposed legislative reforms include the establishment of new mechanisms designed to respond to systemic discrimination and promote substantive equality. The reforms respond to a major review of the Equal Opportunity Act 1995 conducted by Julian Gardner in 2007-2008 which found that Victoria’s anti-discrimination legislation is ineffective in addressing the systemic discrimination that is entrenched in our institutions and social structures.  As the Attorney-General recognised in the Bill’s second reading speech, ‘Victorians are competing on uneven ground… we need to level the playing field’.

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Major report on 'Developing a Bill of Rights' for the UK

The UK Equality and Human Rights Commission has just released a major research report on ‘Developing a Bill of Rights for the UK’. The report aims to ‘identify and explore best practice processes for developing a new Bill of Rights for the UK’.  The report analyses evidence from related domestic and international experiences (including the ACT, Victoria and Australia) and identifies key principles to underpin the development of a Bill of Rights, regardless of which political party is in power.

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Taser Expansion May Harm the Vulnerable

The announcement that Victoria Police will conduct a trial to roll-out Tasers to all uniformed and traffic management police in Bendigo and Morwell leaves vulnerable groups at risk of greater harm. “This announcement reflects the race to the bottom in the Victorian Government’s pre-election law and order agenda. We are seeing good, evidence-based policy being discarded in favour of policies that won’t work and that will place Victorians at greater risk, particularly our most vulnerable groups,” said Emily Howie, a senior lawyer with the Human Rights Law Resource Centre.

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Indigenous Rights: Special Rapporteur releases report on Northern Territory Emergency Response

The United Nations Special Rapporteur on the human rights of Indigenous peoples, James Anaya, has released an advance copy of his Observations on the Northern Territory Emergency Response.  The report follows Mr Anaya's official visit to Australia in August last year. While the Special Rapporteur acknowledges Australia's efforts to address the conditions faced by many Aboriginal communities in the Northern Territory, he expresses serious concerns about several problematic aspects of the Northern Territory Emergency Response that breach Australia’s international legal obligations.

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Human Rights and Foreign Policy: Australia Could Become a 'AAA' State

In the course of the recent periodic review of Australia by the UN Human Rights Committee, one of the independent experts called on Australia to grasp its opportunity – and fulfil its obligation – to become a ‘AAA’ human rights state. This paper, entitled 'Australia, Human Rights and Foreign Policy' (2009) 34(4) Alternative Law Journal 218, responds to three issues raised by that call.

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