National Human Rights Consultation: Getting involved Rachel Ball Human Rights Law Resource Centre Ltd

Outline 1. Background to the National Consultation 2. Asylum seekers and human rights 3. Case studies: a few reasons to act 4. How to write a submission for your organisation 5. Encouraging and facilitating others to make submissions 6. Resources

The National Consultation Announced by the Commonwealth Attorney-General on 10 December 2008 – the 60th anniversary of the UDHR Appointment of an independent Consultation Committee: Father Frank Brennan (Chair) Mick Palmer Mary Kostakidis Tammy Williams Submissions to the Consultation are due by 15 June 2009 Committee to report to Government by 31 August 2009

Consultation Questions 1.Which human rights (including corresponding responsibilities) should be protected and promoted? 2.Are these human rights currently sufficiently protected and promoted? 3.How could Australia better protect and promote human rights?

A Significant Opportunity Three reasons why you should participate: 1. This is a once in a generation opportunity 2. Australia has very limited constitutional and legislative protection of human rights 3. Human rights protection can improve public services, promote transparency and accountability and empower individuals

Asylum Seekers and Human Rights Some relevant rights:  freedom of movement and freedom from arbitrary detention;  right to liberty and security of the person and humane treatment while deprived of liberty;  right to be free from torture and other inhuman and degrading treatment;  rights to work, education and the right to the highest attainable standard or physical and mental health care;  right to privacy and protection of families and children;  children’s rights.  right to equality and non-discrimination.

Key features of a federal Human Rights Act Model to be proposed by the HRLRC Parliament  Scrutiny of new legislation ‘Public authorities’  Obligation to give proper consideration to and act compatibility with human rights when developing policy and delivering services Courts  Statutory interpretation  Declarations of Inconsistent Interpretation

Case Studies – a few reasons to act The human rights of asylum seekers have been violated where…

Making submissions It’s a numbers game… every submission counts, no matter how large or small You and your organisation can: 1. Write a submission on behalf of your organisation 2. Encourage other organisations and individuals to make a submission 3. Facilitate clients to make a submission 4. Write a submission yourself! The National Consultation also presents a significant opportunity for education and awareness raising – for the community and advocates as well

Writing your own organisation’s submission Some questions to consider: What expertise and experience do we have? What value can our organisation add? What resources do we have? Options: Copy and modify another submission to suit your organisation Write your own submission – can be large or small

Writing your own organisation’s submission What should we include in our submission? Focus on areas and rights that you know the most about Provide examples of experiences of your organisation:  Good news stories – where human rights protection has helped (there may be some examples of this in Vic)  ‘Unfair’ outcomes - where better human rights protection might have been useful

Small groups discussion 1. Have you had any situations of ‘unfair’ treatment where you think that better human rights protection might have been useful? 2. What are your preliminary views about what sort of submission your organisation might be able make?

Values and benefits of enhanced legislative protection (I) Institutionalising a human rights framework leads to improved public service delivery and outcomes The language and ideas of rights can be used to secure positive changes not only to individual circumstances, but also to policies and procedures at a systemic level Human rights are universally acknowledged and agreed standards that can be used as benchmarks for assessing the fairness of laws, policies and practices Protect fundamental human rights, promote human dignity and address disadvantage

Values and benefits of enhanced legislative protection (II) Individual and organisations can use human rights principles in front-line advocacy to achieve a positive change for their client Stories from the Victorian Charter  Health care for involuntary mental health patient  Young man allowed to live with his family  Recognising Indigenous Australians’ right to culture

Encouraging and facilitating others You are in an ideal position to help people share their personal experiences Think about whether your organisation could: 1. Run devolved consultations 2. Attend the Consultation Committee’s forums – or encourage individuals to do so 3. Offer assistance to individuals and other organisations 4. Distribute resources, such as fact sheets, template submissions

1.Run devolved consultations Some ideas: Small workshops  eg HPLC Set up a stall at community events / festivals  eg Kingsford Legal Centre on Australia Day Client questionnaire – following an interview or while they are waiting Think creatively!

2.Consultation Committee’s community forums List of venues and dates available at Assist individuals and other organisations Offer a contact point within your organisation who can provide assistance Run a workshop – like this one!

4.Distribute Resources HRLRC’s ‘Submission Kit’ One-page overview of the Consultation Thematic fact sheets Right-specific fact sheets Template submissions More detailed resources “Engaging in the Debate” Australian Human Rights Commission’s toolkit

Further Resources National Human Rights Consultation website: Human Rights Law Resource Centre: “Engaging in the Debate” Human Rights Law Resource Manual Searchable Database of Case Law Articles, Materials and Commentary Monthly E-Bulletin