Opening Statement delivered by Andrew Goledzinowski, Ambassador and Deputy Permanent Representative to the United Nations, New York concerning Australia’s implementation of our commitments under the International Covenant on Civil and Political Rights.
22 March, 2009
(As distributed)
Introduction of delegation
It is a great pleasure to meet with you today and tomorrow concerning Australia’s implementation of our commitments under the International Covenant on Civil and Political Rights. The Australian delegation comprises:
• Myself, Andrew Goledzinowski, Ambassador and Deputy Permanent Representative to the United Nations, New York
• Bill Campbell QC, First Assistant Secretary, Office of International Law, Attorney-General’s Department
• Dr Bruce Smith, Branch Manager, Intergovernmental & Policy Branch, Office of Indigenous Policy & Coordination, Department of Families, Housing, Community Services and Indigenous Affairs,
• Robert Illingworth, Assistant Secretary, Compliance and Integrity Policy Branch, Department of Immigration and Citizenship
• Helen Horsington, First Secretary, Australian Mission to the United Nations, New York, and
• Roxane Nolan, Principal Legal Officer, Office of International Law, Attorney-General’s Department
Mr Chairperson, Australia is firmly committed to achieving adherence with its obligations under the International Covenant on Civil and Political Rights and other human rights instruments. The Australian Government believes that the best way to achieve the improvement of human rights is through its own domestic measures, as well as through strengthening Australia’s engagement with the UN human rights treaty framework.
On the domestic side, one important initiative is the national human rights consultation process, as an essential step to the introduction of further measures to better protect human rights—including those under the Covenant—in Australia. On the international engagement side, the Australian Government has been working towards becoming a party to a number of human rights instruments, and inviting greater scrutiny by, and engagement with, international human rights mechanisms.
I would like to take this opportunity to outline some of the key initiatives that the Australian Government is undertaking.
Domestic:
The national human rights consultation
On 10 December 2008 the Attorney-General launched the National Human Rights Consultation, recognising that the protection and promotion of human rights is a question of national importance for all Australians. The Consultation is designed to seek the views of the Australian community on how human rights and responsibilities should best be protected in the future, and will undertake a range of awareness-raising activities to enhance participation by a wide cross section of Australia’s diverse community.
The consultation is being conducted by an independent committee of four eminent persons. The National Human Rights Consultation Committee will provide a comprehensive report to the Government on the Australian community’s views on options for protecting human rights in August this year. This will be a key consideration in subsequent decisions by the Government on further developing the protection of human rights in Australia.
Indigenous issues
Mr Chairperson, Australia is the first to acknowledge that there are areas of disadvantage in Australia, particularly in relation to our Indigenous peoples. However, we are firmly committed to redressing that disadvantage.
The current Australian Government is committed to a renewed engagement of Australia as a nation with its Indigenous peoples, based on reconciliation, mutual respect and understanding.
National apology
On 13 February 2008 the Australian Parliament offered an apology to Indigenous Australians - in particular the Stolen Generations – in relation to the thousands of Aboriginal and Torres Strait Islander children who were removed from their families and communities as a result of past policies. The Apology was an important and symbolic first step to build trust and good faith.
Close the Gap
Moving forward, the focus is to close the gap on Indigenous disadvantage across urban, regional and remote areas. A key element in the strategy is the agreement of the Australian and all State and Territory governments, through the Council of Australian Governments, to six key targets for closing the gap between Indigenous and non-Indigenous Australians. These targets are focused on increasing life expectancy, improving the health of children, and increasing participation in education and employment.
In 2008, a commitment of 4.6 billion Australian dollars was agreed by the Council of Australian Governments for initiatives for Indigenous Australians across early childhood development, health, housing, economic development and remote service delivery.
Immigration changes
Australia’s immigration system aims to ensure that throughout the immigration process all persons seeking protection are treated justly and fairly, cared for and assisted appropriately, and treated with dignity and respect, in compliance with Australia’s obligations under the core human rights treaties.
The Australian Government acknowledges that there have, in the past, been challenges in balancing the treatment of those seeking asylum with efforts to ensure Australia’s borders are adequately protected. Since our report was lodged in 2007, significant reforms have been initiated within Australia’s immigration system to reinforce humanity, fairness, integrity and public confidence in our policies. These changes focus on
• abolishing the so called ‘Pacific Solution;
• adopting a risk-based approach to immigration detention policy;
• enhancing the quality of protection decision making;
• improving services to asylum seekers; and
• furthering our commitment to international protection through our humanitarian program and our engagement to find durable solutions to protracted refugee situations.
Action was taken swiftly following the election of the current Government in November 2007 to end the policy of transferring asylum seekers to processing centres outside Australia, known as the Pacific Solution. This early fulfilment of an important election commitment to the Australian public saw all remaining asylum seekers at those centres processed and resettled to Australia between December 2007 and February 2008.
While Australia has retained mandatory detention for unauthorised arrivals while health, character and identity checks are undertaken, a risk-based approach to detention will see us maintain strong border security on the one hand, but also treat people fairly and humanely on the other.
This new approach to detention reflects Australia’s commitment to detention being used only as a last resort; for the shortest practicable period and also to the rejection of indefinite or arbitrary detention.
In early 2008, the Minister for Immigration and Citizenship personally reviewed, in consultation with the Commonwealth Ombudsman, the cases of people who have been in immigration detention for more than two years.
The Australian Government publicly acknowledged the adverse effect that the former Temporary Protection visas (TPV) had, especially on women and children, in relation to family reunion. The TPV subclass was abolished on 9 August 2008 and the holders of TPVs were provided access to permanent residence visas.
This change gives former TPV holders the same benefits and entitlements as a Permanent Protection visa holder without the need to reassess protection obligations. Entitlements include access to family reunion and a similar range of support services as are available to Australian citizens.
Australia has enhanced the refugee status assessment process which applies to people who arrive without authority in parts of Australia’s offshore territory, such as Christmas Island. These people now have access to publicly funded migration advice; and the refugee assessment process is subject to principles of procedural fairness, independent merits review and oversight by the Immigration Ombudsman.
Same sex reforms
Of relevance to the Committee’s consideration of the communication of Young v Australia, in November 2008, the Australian Parliament passed legislation amending 84 federal laws to remove discrimination against same-sex couples and their children. These include changes to the Veteran’s Entitlements Act 1986 – the legislation dealt with in Young’s case - and remove discrimination in areas of Australian Government activity including taxation, social security, health, aged care, superannuation, immigration, child support and family law. All of the reforms will be implemented by July 2009.
National Security Legislation Reviews
Mr Chairperson, the Australian Government acknowledges that there are challenges which it faces in attempting to uphold and advance human rights in Australia whilst dealing with pressing issues of national security.
The Australian Government is committed to ensuring that Australia has strong counter-terrorism laws that protect the security of Australians whilst also complying with Australia’s human rights obligations. In December 2008, the Australian Government released a comprehensive response to a number of reviews of national security legislation, announcing measures designed to ensure that national security laws and powers are balanced by appropriate safeguards. Key aspects of the proposals include the creation of a National Security Legislation Monitor, the establishment of Parliamentary oversight of the Australian Federal Police, extending the mandate of the Inspector-General of Intelligence and Security, and the specific implementation of recommendations of inquiries into various aspects of national security laws. A discussion paper and exposure draft of the legislation implementing these measures will be released by the middle of this year.
International
On the international front, Australia has formally committed itself to, or is actively considering, a number of international instruments to strengthen the enjoyment of rights which are also of significance to the Covenant, and reinforcing Australia’s engagement with the UN human rights framework.
Australia’s accession to the CEDAW Optional Protocol
Australia formally acceded to the CEDAW Optional Protocol on 4 December 2008. The protocol entered into force in Australia on 4 March 2009. Australia was one of the original signatories to CEDAW in 1980 and ratified it in 1983. By becoming a party to the Optional Protocol and enabling an additional avenue for seeking redress of violations, the Government is making a powerful statement that discrimination against women in any form is unacceptable.
Becoming party to the Disabilities Convention and working towards accession to the OP to the Disabilities Convention;
As part of the Australian Government’s long-term commitment to improving the lives of people with a disability and their families, Australia was one of the first developed countries to ratify the Convention on the Rights of Persons with Disabilities. It did so on 17 July 2008.
It is a source of pride for Australia that Professor Ron McCallum, a former Dean of the Faculty of Law, Sydney University, was elected a member of the Committee on the Rights of Persons with Disabilities. This is an example of our commitment to increased engagement with the United Nations in the human rights field.
Australia is now close to becoming party to the Optional Protocol to the Disabilities Convention. Work is now progressing on the final steps necessary for Australia’s accession.
Work towards accession to the OP to the Convention Against Torture
The Australian Government is also working towards becoming a party to the Optional Protocol to the Convention Against Torture.
The Australian Government is in the process of consulting with State and Territory governments to determine the extent to which existing inspection mechanisms meet the requirements under the Optional Protocol and whether or not existing laws and policies comply with the Optional Protocol obligations.
The standing invitation issued to UN Special Procedures
On 7 August 2008, the Australian Government extended a standing invitation to United Nations human rights experts to visit Australia, demonstrating its willingness to engage positively with the international community to implement human rights obligations.
Conclusion
Mr Chairperson, distinguished members of the Committee. I hope this overview and Australia’s replies to the List of Issues assist the Committee in considering issues raised by our Periodic Report and developments in Australia since the submission of our report. The Australian delegation would be pleased to respond on these and any other issues when we take questions from the Committee.
I would like to conclude my remarks by re-iterating Australia’s firm commitment to upholding its obligations under the Covenant. We look forward to a constructive dialogue with the Committee