Background to this report
1.1
The Human Rights Sub-Committee (the Sub-Committee) of the Joint Standing Committee of Foreign Affairs, Defence and Trade (the Committee) has had a longstanding commitment to ensuring that the voices of marginalised people can be heard. Since its inception, it has conducted public inquiries and presented reports on important issues, including into targeted sanctions for perpetrators of human rights abuses.
1.2
Much of its work has also been conducted in private, through briefings and meetings which are not able to be publicly reported. Through these processes, members have been able to stay informed on some of the most pressing issues of concern.
1.3
On 24 February 2021, the Committee resolved to inquire into the Department of Foreign Affairs and Trade (DFAT) Annual Report 2019–20. This has enabled the Committee and its Sub-Committees to explore various issues raised in this report. As part of this inquiry, the Human Rights Sub-Committee has taken the opportunity to briefly reflect on its role, as well as the range and nature of material considered through public and private channels.
1.4
This report provides a brief description of the international human rights framework, and Australia’s place in it. It also notes the mechanism by which the Committee’s activities have been conducted during the course of the 46th Parliament, and includes an overview of some of the issues raised with the Committee in the private briefings it has received. The report also provides a summary of two public hearing roundtables held by the Committee to explore current human rights issues.
1.5
The Committee recognises that the survey of issues in this report is limited: it does not review many other alleged abuses; and it is confined largely to matters in the Indo-Pacific region and Ethiopia.
1.6
In making the report, the Committee utilises the framework of rights established in the Universal Declaration of Human Rights.
1.7
Under standing orders, or resolutions of appointment, committees are established to report back to the parliament. With the power to report in public, committees can ensure that concerns can be shared with the wider community. The Committee considers there to be significant value in continuing to ensure that concerns of marginalised people are represented, wherever possible, to Australians via this Committee.
1.8
To ensure public awareness, the Committee will continue to publish all information about its activities as it becomes available. The Committee’s webpage can be accessed at: www.aph.gov.au/jfadt.
Future annual reports on human rights
1.9
The Committee proposes that this report will be the first of a periodic report to the parliament. In reporting to the parliament, the Committee is cognisant of periodic and other reports by various national and international bodies about human rights.
1.10
While the Committee members are better informed as a consequence of private briefings, and specific actions are taken from time to time, such as raising issues with the Foreign Minister, there has been no formal process to date of informing the parliament and the Australian people of the range of matters considered by the Committee.
1.11
Other nations have more formal processes to regularly inform the legislature and people about human rights issues.
1.12
This report is an endeavour to rectify the absence of a similar report to the Australian Parliament. It is hoped that this initial report will serve as a model for similar annual reports to the parliament.
The international human rights framework
Universal Declaration of Human Rights
1.13
Underpinned by the concept that all human beings are born free and equal, the 1948 Universal Declaration of Human Rights (the Declaration) is the foundational document for modern human rights. Although aspirational, the Declaration provides an internationally-centred benchmark against which human rights can be determined.
1.14
Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was adopted by the United Nations General Assembly in Paris on 10 December 1948 as a common standard for all peoples and all nations.
1.15
The Declaration attests to a number of broad human rights:
the right to life, liberty and the security of the person, including freedom from slavery and servitude, and freedom from torture or cruel, inhuman or degrading treatment;
the right to recognition everywhere as a person before the law;
the right to protection of the law against interference or attacks on privacy, family, home, correspondence, honour and reputation;
the right to seek asylum;
the right to a nationality;
the right to marry and found a family;
the right to own property;
the right to freedom of thought, conscience and religion;
the right to freedom of opinion and expression;
the right to freedom of peaceful assembly and association;
the right to social security;
the right to rest and leisure;
the right to a standard of living adequate for the health and well-being of themself and their family;
the right freely to participate in the cultural life of the community; and
the right to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realised.
1.16
The Declaration, together with the International Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols (on the complaints procedure and on the death penalty) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol, form the so-called International Bill of Human Rights.
1.17
For States, accepting these human rights creates legal obligations to ensure the free enjoyment of these rights by individual members of society. A State’s failure to uphold these obligations fundamentally undermines the ability of individuals to live in a respectful, secure and fulfilling society.
1.18
Failing to protect human rights creates serious consequences for societies. Gross violations of fundamental human, political, economic, social and cultural rights are among the root causes of conflicts, and failure to address systematic discrimination and inequities in the enjoyment of these rights can undermine recovery from conflict.
International Covenants
1.19
The ICCPR and the ICESCR were formally adopted in 1966. Sharing similar preambles, these Covenants recall the obligations of States to promote and observe human rights and freedoms. The preambles also remind individuals of their responsibility to strive for the promotion and observance of those rights. The preambles recognise that, in accordance with the Declaration:
…the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights.
1.20
Civil and political rights include the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. Economic, social and cultural rights as defined as human rights relating to the workplace, social security, family life, participation in cultural life, and access to housing, food, water, health care and education.
1.21
These rights have becoming increasingly well-defined and identified in national, regional and global legal systems, via laws and regulations, in national constitutions, and international treaties.
Universal application
1.22
In its preamble, the Declaration recognises the ‘inherent dignity and equal and inalienable rights of all members of the human family … for all peoples and all nations’. The Declaration prescribes universality throughout.
1.23
As Mary Ann Glendon points out in A World Made New, her account of the creation of the 1948 Declaration, delegates from both western and non-western countries were involved in the creation of the document. Prominent amongst them was René Cassin, the French jurist, Charles Malik, the Lebanese diplomat, and PC Chang, formerly a professor at China’s Nankai University, the nation’s ambassador to Turkey, and a Chinese representative on the drafting panel.
1.24
Human rights are universal in nature and apply to all persons, who have inalienable rights to fundamental freedoms and to live their lives with dignity. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.
1.25
All governments have a responsibility to ensure that the human rights of people are respected and not subject to violation or abuse. They are required to establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected.
Australia’s commitment to human rights
Historical commitment
1.26
It is well recognised that human rights underpin peace and prosperity. Australia’s commitment to human rights can be seen as a reflection of our national values and is an underlying principle of Australia’s engagement with the international community.
1.27
Australia has a long-standing commitment to the promotion of human rights. As President of the United Nations (UN) General Assembly in 1948, Australian Minister for External Affairs, Dr HV Evatt, played a crucial role in the adoption of the Universal Declaration of Human Rights (UDHR). Australia is an original signatory to the UDHR, and continues to be a leading proponent of its consistent and comprehensive implementation.
1.28
An Australian, William Hodgson, was a member of the committee which drafted the UDHR. Little remembered today, Hodgson served as Acting High Commissioner to Canada in 1945 before being appointed ambassador to France. In that year he also attended the UN Conference on International Organization in San Francisco and was leader of the Australian Delegation to the UN Preparatory Commission in London. He was an Australian delegate to the first General Assembly, held in London in 1945–46, and Australian representative on the Security Council and the Human Rights Commission. He was also an Australian delegate to the Paris Peace Conference in 1946.
1.29
In 1946, the UN established the Commission on Human Rights. It was this Commission, chaired by Eleanor Roosevelt, that drafted the UDHR. William Hodgson, as a member of the drafting committee, was interested in the enforcement of human rights and advocated for an international tribunal for the filing of complaints. As an alternative, Hodgson proposed that the UDHR be legally enforceable.
1.30
Australia is a signatory to the United Nations Covenant on Civil and Political Rights and to many other international human rights instruments. Australia had also served in the United National Human Rights Committee. Domestically, Australia has passed human rights legislation and the Australian Human Rights Commission, established in 1981, is one of the oldest national human rights institutions in the Asia-Pacific region.
Current commitment
1.31
Australia is committed to advancing human rights globally, including through constructive bilateral dialogue. Where appropriate, the Australian Government works with other countries to advance and protect human rights through development assistance and humanitarian support. Evidence of human rights violations may prompt diplomatic reprisals and criticism. At times, and especially in the case of gross human rights violations, Australia applies sanctions.
1.32
Australia works to support a strong multilateral human rights system and supports the independent mandate of the Office of the High Commissioner for Human Rights. Additionally, Australia promotes efforts to strengthen the effectiveness of the UN Human Rights Council and the broader human rights system.
1.33
As a member of the United Nations Human Rights Council for the 2018–2020 term, Australia focused on:
advancing the rights of women and girls;
promoting good governance and stronger democratic institutions everywhere;
promoting and protecting freedom of expression;
advancing human rights for indigenous peoples around the globe;
promoting strong national human rights institutions and capacity building;
rights of persons with disabilities;
abolition of the death penalty;
equal human rights for LGBTI persons;
freedom of religion or belief; and
strengthening civil society participation in UN processes and more generally.