Presentation by Claire Mallinson, National Director Amnesty International Australia
To the National Human Rights Consultation public hearings
Great Hall, Parliament House, Canberra
Friday 3 July 2009

Download a pdf version of this presentation (pdf 80kb)

First I’d like to acknowledge the Ngunnawal people, the traditional owners of the land on which we meet, and pay my respects to their elders both past and present.

On behalf of Amnesty International’s 80,000 supporters here in Australia, I’d like to thank the committee for giving us the opportunity to participate this week.

With nearly 40,000 written submissions, community roundtables selling out faster than AC/DC tickets, the public’s engagement with this process has put an end to the myth that only lawyers and academics care about human rights.

The results of the consultation provide an extraordinary opportunity to make a difference in the lives of people across Australia, to protect and defend their human rights and to deliver on our international obligations.

And we need to do it NOW.

The response to the consultation has broken all records.

Thousands of people from across Australia have told us with great passion that they want a fair go for all.

Their views echo those of world leaders who came together in 1948 to develop the Universal Declaration of Human Rights. Alongside other world leaders, Australia committed to global values and made 30 global promises. They recognized that every one is born free and equal in dignity and rights.

Since the development of the Declaration, Australia has been an active international citizen. As a signatory to international treaties Australia has both legally and morally committed to protecting all of the rights enshrined in the Declaration.

And now is the time to put the words, the signatures and the promises into action.

Thousands of individuals have participated in the consultation process. From towns and cities, from regional and rural areas. They span generations, demographics and cultural backgrounds.

And the resounding call from the 10,600 people who sent us their submissions is the call for better human rights protection.

We also found widespread public support in opinion polls. In a poll earlier this year 81% of people supported the introduction of a law to protect human rights in Australia. And 85% of those people believed it should be a high or very high priority for the government.

A Human Rights Act is a key step in improving human rights protection. And this consultation process gives us a once in a lifetime opportunity to improve the lives of millions of Australians for this generation and generations to come.

The polls and the submissions share a common vision, a vision of a just and fair Australia. Amnesty International shares this vision of Australia being the land of the fair go where everyone is treated with dignity and respect.

To help achieve this we have 3 recommendations to improve human rights:

Our First Recommendation is that:

The Government should introduce a Human Rights Act.

International best practise shows that an Act can be a key step forward to ensuring the human rights of all people are protected and promoted.

History shows that self regulation is not the best method and a "we’ll be right mate" approach does not protect the most vulnerable in society.

A Human Rights Act would provide a single document where the protection and promotion of human rights would be set out.

As Clarrissa from QLD wrote : "If it's not in an Act - it's just words we can ignore"

Patrick from Victoria stressed the importance of having legal options, saying: "They ensure that I and my family have an avenue for appeal and for protection against unforeseen hardships."

And Michael from South Gippsland said: "Adopt the human rights act, weave it into the fabric of our society across the land, stand by it and promote it. Let us set an example for the whole world!"

Our second recommendation is that:

The Human Rights Act should include the protection and promotion of all rights for all people.

As Article 5 of the Vienna Declaration states: "All human rights are universal, indivisible and interdependent and interrelated."

People in Australia believe strongly with these principles and don’t want the current picking and choosing approach.

Eleanor from Woodville said: "You can't just pick one, human beings deserve all of these things. We're all the same in the end."

Sahil from a school in Melbourne wrote: "People deserve a fair go in every aspect of life."

Sophie from Wagga Wagga wrote "All humans should be entitled to the whole list - why pick and choose, we are all the same!"

Our Third Recommendation is that:

A Human Rights Act must establish effective independent systems, institutions and means of accountability. This needs to include appropriate and accessible ways of preventing human rights violations and resolving breaches.

As has been highlighted this week, there are many good practise examples to learn from both from within Australia and from around the world.

Protection is currently ad hoc and inconsistent. The extent to which a person's human rights are protected and promoted should not be a lottery and depend on which State or Territory you live in.

A Human Rights Act must be supported to encourage a culture of human rights across society.

Educating the Public Service on its responsibility to recognise the dignity and rights of all people is crucial in minimising human rights breaches. As is the positive promotion and protection of human rights when developing policies, making decisions and delivering services.

Sadly we know that breaches and violations of human rights will still take place. But that’s why, as well as having a Human Rights Act and a proactive human rights based approach, we also need to include ways to deal with things when they go wrong.

Just as the Crimes Act and policing does not stop all crime, a Human Rights Act also needs avenues for ensuring checks and balances on those responsible for making policy - parliament - and those responsible for implementing it - the executive.

And this is why the third arm of government the judiciary needs to be involved.

Effective avenues for resolving breaches are an integral part of implementing Australia’s international human rights obligations.

Nabib from Coffs Harbour, NSW wrote: "I don't want to just hope or assume that my rights are protected, I want to know that there is a law to back this up and that I have an avenue if my rights are not respected."

Sabina from Adelaide wrote: "Respect, remedy, responsibility. Without basic foundational factors nothing else can get done."

And Kelsey from Tasmania near Devonport: "Every person has the right to know and understand their rights, it is crucial for these rights to be upheld in the legal system to ensure protection."

In conclusion

Human rights are about ensuring that all people have their rights protected and they are treated with dignity.

Helen from SA said: "A society's level of "civility", humanity and greatness is determined by the extent to which it cares for the poorest + most disadvantaged."

A Human Rights Act will provide a vital safeguard for members of the community who, are the most vulnerable, the most at risk. And the least likely to have their voices heard.

Education and training without a human rights act is not enough. Legislative scrutiny without oversight is inadequate. A law without avenues for dealing with breaches is insufficient.

An act without ALL rights and ALL people protected in unacceptable.

We have a historic opportunity right now to create a fairer and more equal society. Dignity, respect, freedom, equality and justice for all is the Australia that Australians want.

A Human Rights Act is a key step forward.

Let’s do it and let's do it now.