Law Seminar 2008: Australia and International Human Right: Coming in from the Cold by the Hon Robert McClelland MP

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THE HON ROBERT McCLELLAND MP

Human Rights and Equal Opportunity Commission

Australia and International Human Right : Coming in from the Cold

HREOC, The Hearing Room,
Level 8, 133 Castlereagh St, Sydney
23 May 2008, 12.45pm

First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

Chair, the Honourable John von Doussa QC, President, Human Rights and Equal Opportunity Commission (also speaking)

Professor Gillian Triggs (also speaking)

Introduction

1. I am very pleased to join you today, and I thank the Commission for arranging this event on the topic ‘Coming in from the cold’ on international human rights.
2. Indeed, this year marks the 60^th anniversary year of the Universal Declaration of Human Rights.
3. Coincidentally, one of the drafters of the Declaration, Australia’s H V ‘Doc’ Evatt who was, at the time, President of the UN General Assembly was also once the leader of the Federal Labor Party, a Federal Attorney-General and the Member for Barton, the seat I now represent.
4. At that time the relationship between human rights and peace and security was made profoundly apparent by the events of two world wars.
5. Doc Evatt had much to say about human rights and equality. And he was instrumental in forging a strong relationship between Australia and the UN.
6. Similarly, the Rudd Government is placing a very high priority on our commitment to fundamental human rights and continuing to build a strong relationship with the UN – starting with our bid for a seat on the Security Council.
7. We have also demonstrated our commitment to re-engage with the UN to promote the rule of law internationally – including by commencing the long overdue process of becoming a party to a number of key international instruments opposed by the former Government.
8. As Attorney-General, I consider promoting respect for the Rule of Law to be one of the most important aspects of my role. Australia’s strong and independent justice system helps underpin this task domestically. Internationally, however, there is more work to be done.
9. The UN Charter did not make reference to the Rule of Law, rather focussing on international peace and security.
   Indeed, at the time democratic governments based on the rule of law were in the minority.
10. I would like to think that, in the 21^st Century, we could focus not only on the maintenance of peace and security, but on justice for victims of human rights abuses, wherever they occur.
11. We can either snipe at international institutions from the sidelines while other nations take the lead, or embrace the institutions in a spirit of cooperation. And let me assure you that the Rudd Government will not be watching from the sidelines.

Torture Optional Protocol

12. For example, a key international instrument that I am passionate about is the Optional Protocol to the Convention Against Torture.
13. The Rudd Government is committed to becoming a party to this Optional Protocol. And I think that by doing so, we send an unequivocal message that Australia believes torture is completely out of place in a humane and civilised society.
14. The Optional Protocol establishes a subcommittee to conduct visits to places of detention, including prisons and immigration detention centres.
15. I believe such mechanisms would complement arrangements already in place in Australia that ensure detainees are treated with humanity and by internationally accepted standards.
16. I have recently written to my ministerial colleagues in the States and Territories, seeking their agreement to take part in an assessment of this important Optional Protocol, with a view to becoming a party.
17. My Department will also be consulting a wide range of NGOs.
18. On the same subject, late last month Australia appeared before the UN Committee Against Torture. This was our first appearance before a treaty body since coming to office.
19. At the UN, our delegation stressed the Rudd Government’s commitment to the Torture Protocol and also for greater engagement with the UN.
20. This appearance was a significant step towards re-affirming the significant goodwill between Australia and the UN human rights treaty bodies.
21. And in their concluding observations released last weekend, the UN Committee Against Torture commended several new initiatives of the Rudd Government. This included the Government’s commitment to become a party to the Optional Protocol.

Disabilities Convention

22. I can also tell you that we are working to fast track the ratification process of the United Nations Convention on the Rights of Persons with Disabilities
23. Over the past few months, we have consulted the States and Territories to ensure that Australia’s legislation, policies and programs comply with the obligations in the Convention.
24. We have also consulted the disability sector, industry and other stakeholders and the broader community.
25. A National Interest Analysis has been prepared and I have written to the chair of the Joint Standing Committee on Treaties to request expeditious consideration of ratification.
26. We remain at the forefront of upholding the rights of people with disability. And this Convention is part of the Rudd Government’s broader long term commitment to improving the lives of people with a disability, and their families.
27. We will also commence consultations with States and Territories on the Optional Protocol to the Convention shortly.

CEDAW

28. Another important international instrument that I will mention is the Optional Protocol to the Convention for the Elimination of Discrimination against Women.
29. The Rudd Government is committed to the protection and promotion of women’s rights, and to making gender equality a reality.
30. And as my colleague the Minister for Housing and the Status of Women and I have indicated today, the Government has started the necessary process of consultation with the States and Territories on Australia becoming a party to the Optional Protocol – something the former Government simply refused to do.
31. Gender inequality is an enormous issue which affects every region of the world, including our own. The Rudd Government is committed to engaging with the international community in vigorously pursuing the promotion of women’s rights.

Same-Sex Entitlements

32. The Rudd Government is also committed to action on the domestic front on a range of important human rights issues.
33. Last month I announced that Labor is moving to implement its election commitment to end discrimination against same-sex couples in a wide-range of Commonwealth Laws.
34. Since becoming Attorney-General, my Department has been working hard on the issues identified in last year’s landmark Same-Sex: Same Entitlements report. Officers unearthed more than 40 areas of Commonwealth legislation, in addition to the 58 identified in the report, which require amendment to remove discrimination against same-sex couples.
35. This long-overdue reform will be introduced during the winter sittings of Parliament this year.
36. These changes will make a practical difference to the everyday lives of a group of our fellow Australians who have suffered discrimination under Commonwealth laws for far too long.

Consultation on human rights and responsibilities

37. In the lead-up to last year’s election, we also announced our intention to consult the public on the best way to recognise and protect human rights and responsibilities in Australia.
38. This topic was keenly debated during the 2020 Summit last month and it’s an issue that has had considerable media interest. It is fair to say that many people are already making their views known on this issue. That’s great to see and healthy for our democracy. I’m looking forward to many more in the Australian community having their voices heard. I will have more to say about the timing and form of the consultation in due course.
39. For the time being it’s important that I emphasise that there is no pre-determined outcome in such a consultation. Any new approach to human rights will, necessarily, flow from the views of the Australian people.

Law-making and Policy Development

40. Whatever results from the consultation, it will help us consider how we can better address human rights issues in federal law-making and policy development.
41. In this context, I will be working with my Ministerial colleagues to ensure human rights consultation takes place at the policy development stage, and that it not be just a formality or an afterthought.
42. It is important we ensure that the drafting of any Commonwealth legislation consistently takes account of implications for our international human rights obligations.

HREOC

43. I believe that the Commission, as an independent statutory body, plays and will continue to play a crucial role in safeguarding Australians’ rights and freedoms. I have great admiration for the work of the Commission, especially for its activities in education and public awareness, its investigation of discrimination and human rights complaints, and its professional contribution to the development of policy and legislation.
44. Along with my colleagues in the Labor Party, and I might say a few in the Coalition, I found it deplorable that the former Government repeatedly tried to introduce legislation to weaken the independence of the Commission, despite its bipartisan rejection by Senate Committees.
45. I look forward to working with the Commission in a renewed spirit of cooperation to further promote human rights in Australia.

Conclusion

46. Today I have mentioned a range of things we are doing, both internationally and domestically.
47. Let me assure you that the Rudd Government takes human rights seriously. We are committed to promoting human rights – and the fundamental equality of all people.
48. While we are ‘coming out of the cold’ on a number of key international instruments opposed by the former Government, we are also working to ensure domestically we have a human rights system that does not just work to redress discrimination – but that prevents abuses in the first place.