UN slams Australia’s human rights record



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The UN committee urged Australia to end offshore processing and bring the men on Manus to Australia or another safe country.
AAP

Anna Cody, UNSW and Maria Nawaz, UNSW

Last night, the United Nations Human Rights Committee released its recommendations from its review of Australia’s compliance with a key human rights treaty, the International Covenant on Civil and Political Rights.

The committee harshly criticised Australia for failures in key areas. These included the treatment of refugees, Indigenous rights and inadequate protection of human rights, including the lack of a national human rights act.

What is the UN Human Rights Committee?

This is the treaty body for the International Covenant on Civil and Political Rights. The committee is made up of 18 independent human rights experts. Its key functions are to:

  • monitor and review state parties’ compliance with the treaty; and

  • decide complaints made by individuals against state parties.

What did the committee say about Australia’s human rights record?

The committee noted areas in which Australia’s record had improved. These included the establishment of the Parliamentary Joint Committee on Human Rights and the introduction of protections against discrimination on the grounds of sexual orientation, gender identity and intersex status.


Read more: With a seat on the UN Human Rights Council, Australia must fix its record on Indigenous rights


The committee also commended Australia for its commitment to ratifying the Optional Protocol on the Convention against Torture.

However, concerns far outweighed improvements in human rights.

The rights of refugees

The committee widely criticised Australia’s refugee policy for breaching Australia’s human rights obligations under the convention.

It raised concerns about refoulement (the forcible return of refugees to their home countries), mandatory detention, Operation Sovereign Borders and offshore detention. This includes the recent closure of the Manus Island Regional Processing Centre.

The committee urged Australia to end offshore processing and bring the men on Manus to Australia or another safe country. It emphasised the need for detention to be used to assess individual risk, not as a general deterrent. It also found that Australia has “effective control” over the detention centres on Nauru and Manus Island.

The rights of Indigenous people

The committee expressed concern about disproportionately high (27%) Indigenous incarceration rates. It recommended that measures such as mandatory sentencing and imprisonment for not paying fines be repealed.

The committee further recommended that Australia provide adequate funding to the National Congress of Australia’s First Peoples, and consider constitutional change to reflect the special status and fully protect the equal rights of Aboriginal and Torres Strait Islander peoples.

As it has done before, the committee urged Australia to establish a national reparations scheme for members of the Stolen Generation.

The rights of lesbian, gay, bisexual, transgender and intersex people

The committee roundly criticised unnecessary medical interventions on intersex people, particularly intersex infants and children. It recommended that the requirement for Family Court authorisation for second-stage hormone treatment for young people diagnosed with gender dysphoria be removed.

Barriers to gender and sex recognition on documents were also criticised.

The committee took a strong stance on the same-sex marriage postal survey. It stated that:

resort[ing] to public opinion polls to facilitate upholding rights under the Covenant in general, and equality and non-discrimination of minority groups in particular, is not an acceptable decision-making method.

The committee recommended that the Marriage Act be amended, regardless of the outcome of the postal survey.

The rights of women

The committee noted the endemic nature of violence against women, and the disproportionate impact this has on Indigenous women and women with a disability. It recommended that Australia increase its efforts to prevent all forms of violence against women.


Read more: New Home Affairs department should prompt review of Australia’s human rights performance


The committee again raised concerns about the involuntary sterilisation of women and girls with intellectual and cognitive disability, and recommended that Australia abolish this practice.

The human rights framework

As in previous reviews, the committee recommended that Australia introduce a comprehensive national human rights act to give effect to the human rights protections in the covenant.

It also recommended that federal anti-discrimination laws be strengthened to ensure effective protection against all forms of discrimination. It specifically noted the lack of federal protection against discrimination on the basis of religion.

The committee criticised previous attacks by politicians on the Australian Human Rights Commission and recommended that Australia respect the independence of that body.

Where to from here?

The release of these recommendations comes at a crucial time for Australia, which last month won a seat on the UN Human Rights Council.

The council is responsible for strengthening the promotion and protection of human rights, and for addressing human rights violations around the world.

Council members must demonstrate their willingness to improve their domestic human rights situation. To claim legitimacy in human rights on the world stage, Australia needs to demonstrate a genuine commitment to human rights at home.

Under the committee’s follow-up procedure, Australia must explain how it will implement selected recommendations within 12 months. The committee’s selected recommendations focus on Australia’s treatment of refugees.

Australia was criticised at the review for a history of “chronic non-compliance” with committee recommendations. The challenge for Australia will be to engage positively with the recommendations and urgently implement substantive change to promote and protect human rights.

The ConversationA good starting point would be a national human rights act, to fully incorporate Australia’s international human rights obligations into law. Furthermore, Australia should reconsider its response to the Referendum Council’s recommendation of an Indigenous voice to parliament.

Anna Cody, Associate Professor and Director, Kingsford Legal Centre, UNSW and Maria Nawaz, Law Reform Solicitor/Clinical Legal Supervisor, Kingsford Legal Centre, UNSW

This article was originally published on The Conversation. Read the original article.

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With a seat on the UN Human Rights Council, Australia must fix its record on Indigenous rights



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The UN Human Rights Committee challenged the Australian government to produce policy that truly includes Indigenous people.
AAP/Dean Lewins

Anna Cody, UNSW and Maria Nawaz, UNSW

It was a big week for Australia at the United Nations last week. It won a seat on the leading international human rights body, the UN Human Rights Council, for a three-year term. The UN Human Rights Committee also reviewed Australia’s compliance with a key human rights treaty, the International Covenant on Civil and Political Rights.

One would assume the Human Rights Council seat means Australia will lead on issues of human rights domestically, including in the area of Indigenous rights (one of the five pillars of Australia’s bid) and self-determination.

However, as the UN Human Rights Committee review showed, Australia is failing to meet basic human rights standards for Indigenous peoples.

Violence against women in Indigenous communities

To its credit, the Australian government delegation was open and frank in its dialogue with the committee. The delegation acknowledged key areas in which the country needs to improve.

One of the pressing issues affecting Indigenous communities is family violence. Indigenous women are 45 times more likely to experience violence than non-Indigenous women. The severity of the violence is also greater, with higher rates of hospitalisation.

The government delegation acknowledged that the rate of violence against Indigenous women was “appalling”. It referred to “A$25 million for Indigenous-specific measures” and a “trauma-informed approach for children affected by violence”. This is just one measure the government is adopting to deal with violence against Indigenous women.

The NGO coalition, led by Kingsford Legal Centre and the Human Rights Law Centre, agreed with the government delegation that an area for hope was the recent appointment of June Oscar as the Aboriginal and Torres Strait Islander Social Justice Commissioner at the Human Rights Commission. Oscar has been at the forefront of effective, Aboriginal-led initiatives to deal with family violence in Fitzroy Crossing.

Indeed, the NGO coalition called for the government to include Indigenous women in the monitoring and evaluation of the National Plan to Reduce Violence Against Women and Their Children. It also called on it to fund Indigenous community-controlled services with expertise in working with victims/survivors of family violence.

Indigenous incarceration rates

An area in which Australia continues to breach international human rights standards is Indigenous incarceration rates. The national imprisonment rate for Indigenous adults is 13 times higher than that for non-Indigenous adults. While Indigenous people are only 2% of the population, they account for 27% of the prison population.

Mandatory sentencing and imprisonment for fine default, as canvassed by the current Australian Law Reform Commission inquiry, are key contributors to these statistics.

The UN Human Rights Committee repeatedly noted its concern about Indigenous incarceration rates and focused on policing of Indigenous communities. A committee member raised the case of Ms Dhu, who died in custody in Western Australia after being arrested for defaulting on fines. He asked why the laws providing for imprisonment for fine default had not yet been “scrapped”.

The committee also raised the recent case of an Aboriginal woman who called WA police for help in a domestic violence situation. She was taken into custody for a fine default, leaving her five children without support.

The Australian government was asked how this represented a “trauma-informed” approach to dealing with family violence.

Self-determination and constitutional reform

One of the key areas of interest for the NGO delegation and the committee was the response to entrenched disadvantage through effective policy. This connected closely with the identification of constitutional reform as advocated by Indigenous delegates at the regional dialogue process that produced the Uluru Statement.

The NGO delegation highlighted the need for Aboriginal-led policy design as articulated in the Redfern Statement and by numerous movements agitating for Indigenous rights since colonisation. The government delegation was keen to focus on constitutional recognition, while the NGO delegation advocated strongly for constitutional reform in accordance with the Uluru Statement.

In fairness to the Australian delegation, it certainly recognised the need for Indigenous-designed policy and implementation. This flies in the face of the government’s actions in cutting funding to Indigenous-controlled organisations, including the National Congress of Australia’s First Peoples.

In 2014, funding for Aboriginal services was substantially cut from $2.4 billion to $860 million under the Indigenous Advancement Strategy. And 55% of grants were allocated to non-Indigenous bodies, effectively mainstreaming services.

Where to from here?

The UN Human Rights Committee challenged the Australian government to produce policy that truly includes Indigenous people.

One of the challenges of human rights treaty reviews is to ensure that the government implements the recommendations that the committee makes. Australia has a terrible record in this area, being called out for “chronic non-compliance” by the committee.

The ConversationHopefully, the seat on the Human Rights Council will encourage the government to heed the words of the UN Human Rights Committee and ensure real progress on Indigenous rights.

Anna Cody, Associate Professor and Director, Kingsford Legal Centre, UNSW and Maria Nawaz, Law Reform Solicitor/Clinical Legal Supervisor, Kingsford Legal Centre, UNSW

This article was originally published on The Conversation. Read the original article.

Australia: Tony Abbott Promises to Shirtfront Vladimir Putin


One does have to wonder just how serious Tony Abbott’s comments can be taken, especially this one about ‘shirtfronting’ Russia’s Vladimir Putin. Is this a core promise or just spruiking for the camera – will there be some video record of the shirtfronting, because without it I would find it difficult to believe it has happened.

Australia: The Heat is On


The link below is to an article that reports on Australia’s hottest summer on record and having lived through it, I can confirm it was extremely hot.

For more visit:
http://www.guardian.co.uk/environment/2013/mar/01/australia-record-breaking-hottest-summer

Australia: Catastrophic Bushfire Conditions Generate Massive Bushfire Across the South East


South-Eastern Australia is in the grip of a heatwave with temperatures threatening the record books. Temperatures across the country are reaching between 40 degrees Celsius (104 degrees Fahrenheit) and 50 degrees Celsius (122 degrees Fahrenheit), with the hottest recorded temperatures in many centres threatened, as well as the highest temperature every recorded in Australia.

For more on the fires visit:
Battlefront NSW: State on bushfire red alert | News.com.au.

Latest Persecution News – 12 April 2012


Turkey’s Religious Freedom Record Slides

The following article reports on growing anti-Christian mood in Turkey, along with the latest persecution news there.

http://www.compassdirect.org/english/country/turkey/article_1498889.html

 

Suicide Bomber Targets Churches in Kaduna, Nigeria

The following article reports on the latest attack of Boko Haram Islamic extremists on Christians in Nigeria.

http://www.compassdirect.org/english/country/nigeria/article_1499111.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an
indication of persecution being faced by Christians around the world.

Pastor Bike encourages house church despite persecution


ChinaAid (www.chinaaid.org) is reporting that this morning (Monday, September 20, 2010), during the trial of house church Christians Liu Yunhua and Gao Jianli, Pastor “Bike” (Zhang Mingxuan) and his wife, who had come to see the trial, were detained by the Public Security Bureau (PSB), reports Dan Wooding, founder of ASSIST Ministries.

“The passionate evangelist, known for riding his bike across the country on missions of encouragement, has been detained, arrested, and interrogated countless times over the past 10 years in his efforts to strengthen house church Christians. He is the Chairman of the China House Church Alliance,” said the ChinaAid story.

“The court session for the trial of second instance in the Christian persecution case of Liu Yunhua and Gao Jianli of Xuchang City, Henan province began at 9 a.m. today Monday local time, at the Intermediate People’s Court of Xuchang City. Pastor Bike and his wife arrived at the court today to watch with the audience, but were detained by the local PSB of Xuchang City. At 11:30am, they were released.”

Other Christians from Yucheng, Hennan, who had come to see the trial, were also detained by the Yucheng Public Security Bureau on their way home. They are Liu Fulan, Hua Cuiying, Li Yuxia, Ma Keai, Liu Sen (the son of the defendant Liu Yunhua). There is as of yet no record of their release.

ChinaAid urges Xuchang local government to respect Pastor Zhang Mingxuan (“Bike”) and his wife’s rights as citizens, and we call on the Yucheng local government to release the house church members who are still detained.

“We ask Christians worldwide to join us in prayer for their protection and encouragement,” a spokesperson said.

Report from the Christian Telegraph

Suspicious Actions Follow Murder of Pastor in Assam, India


Body destroyed before being identified; police try to link him with poachers.

NEW DELHI, June 14 (CDN) — A pastor in Assam state was murdered and cremated without being identified last month before family members learned of his death when they saw a photo of his body in a newspaper.

The body of Son Englang, 35, was recovered alongside National Highway 37 on May 20, with marks indicating his hands had been tightly bound before he was shot. The pastor from Mallasi village, Karbi Anglong, supported by Gospel for Asia (GFA), had reportedly been kidnapped early in the morning of the previous day as he rode his bicycle to the Bokakhat marketplace to buy paint materials for his nearly completed church building.

The unknown kidnappers, suspected Hindu extremists, reportedly took him to the jungle to kill him.

Local police took his body to a hospital in Golaghat, where he was cremated without being identified after three days.

“The hospital along with the local police cremated Pastor Englang’s ‘unclaimed body,’ as there is a provision in the hospital of holding a body for a maximum of three days,” said the Rev. Juby John, Karbi Anglong diocesan secretary of GFA.

News of his death reached his family four days after he was killed when they saw a photo of his body published on May 22 in local newspapers reporting him as unidentified.

“With great difficulty, his photo could be recognized,” said John. “It was a semi-decomposed body. Pastor Englang’s brother with a few villagers identified him and then informed the pastor’s wife.”

John told Compass that Pastor Englang had evangelized in the Daithor area for 14 years, and “many, many people came to the Lord because of his extensive evangelism.”

Anti-Christian elements in the area likely had taken note of Pastor Englang’s fearless evangelism and the church building on the verge of completion, John said.

“Pastor Englang gave me a phone call just three days before he went missing,” John said. “He was very happy and excited about the completion of the church building and said it was his dream come true.”

Along with his wife, Pastor Englang is survived by a 6-month-old son and a 3-year-old daughter.

He had served with GFA since 1996, ministering in Karbi Anglong, about 30 kilometers (19 miles) from the site where his body was recovered.

Local media reported his death along with those of three poachers who had illegally entered Kaziranga National Park to hunt rhinoceros and were shot by park guards. The bodies of the three poachers were recovered from the park the same day that police found Pastor Englang dead on the highway.

Strangely, police reported Pastor Englang as a poacher accompanying the three who were killed inside the wildlife park. Investigations are underway regarding the suspicious claim, resulting in the arrest of a park guard and a local policeman.

 

False Report

Questioned by media, police were unable to explain why Pastor Englang was included with the poachers given the large distance between his body and the three recovered inside the park. They were also unable to explain the marks of binding on Pastor Englang’s hands.

“There was no weapon discovered on the pastor, whereas there were ammunitions recovered from the trespassers,” John told local newspapers.

John emphasized that Pastor Englang worked day and night on the construction of his church building for the past five months.

“He had nothing to do with the poacher case,” he said. “I spoke to the villagers and his close associates, who absolutely denied any kind of involvement of the pastor even in the past. The villagers emphasized the good character and blameless record of the pastor.”

John said he went to visit Pastor Englang’s family and the church building under construction on May 24.

“The laborers working on the church construction, who personally had nothing to do with Son Englang, wept as I spoke to them about the pastor,” he said. “His death was sudden and untimely.”

Hindu extremists have a presence in the state. Hemanta Das, a 29-year-old Christian worker whom Hindu extremists had warned to stop his ministry, succumbed to injuries in a hospital on July 1, 2007, two days after extremists beat him in the Chand Mari area of Guwahati. A convert to Christianity from Hinduism, Das previously had been a supporter of the Hindu extremist Rashtriya Swayamsevak Sangh.

The All India Christian Council (AICC) later wrote to state officials requesting that those who killed Das be arrested and the Christian minority community protected from such attacks. AICC noted that Hindu extremist groups had warned Das of “dire consequences” if he continued preaching Christ.

At that time the Rev. Madhu Chandra, an AICC leader from northeast India, told Compass the presence of Hindu extremist groups in the state was very high.

“When I was working with a Christian organization in the state till a few years ago, many of our workers would be attacked by extremists,” Rev. Chandra said.

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence


Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News