Australia is the only liberal democracy in the world that does not have a Human Rights Act

It is very difficult to enforce human rights. Take our very own country: Australia. There is no comprehensive legal framework for appealing against breaches of human rights in our country.

• Some individual rights can be enforced like the right to equality (i.e freedom from discrimination).
• Other human rights like the right to housing, healthcare or education have no local remedy in Australia.
• If your human rights in those areas have been breached all you can do is go to a United Nations Committee, not an easy thing!
• Worst of all, any recommendations from the UN Committee must be implemented by the Australian Government ... if the government chooses to!

Enforcement of human rights is currently very difficult in Australia, because there is no comprehensive legal framework like a Human Rights Act.

While Australia has endorsed the Universal Declaration of Human Rights (UDHR), Australian governments have chosen on numerous occasions to behave in a way that contravenes the Declaration and other human rights treaties signed by Australia.

Important examples of when our Governments breached Human Rights:

Aboriginal and Torres Strait Islander people got some of the worst human rights treatments from successive governments.

• The forced removal of children from their families (the Stolen Generations) contravenes UDHR Article 12: Freedom from Interference with Privacy, Family, Home and Correspondence
• The Northern Territory intervention contravenes UDHR Article 2: Freedom from Discrimination; the International Convention on the Elimination of Racial Discrimination; the International Covenant on Economic, Social and Cultural Rights Article 1: Right to self-determination; and most importantly Australia’s very own Racial Discrimination Act which was suspended by the government
• Aboriginal people were not allowed to vote until 1969, which contravenes UDHR Article 21: Right to participate in government and in free elections; and the International Covenant on Civil and Political Rights Article 25: Right to vote
• Government policies (such as the abolition of ATSIC) that imply Aboriginal people should assimilate to non-Indigenous culture contravenes UDHR Article 27: Right to participate in the cultural life of community; and the International Covenant on Economic, Social and Cultural Rights Article 15: Right to cultural life
• Changes to Native Title laws contravenes International Covenant on Civil and Political Rights Article 12: Freedom of movement; UDHR Article 27: Right to participate in the cultural life of community; and the International Covenant on Economic, Social and Cultural Rights Article 15: Right to cultural life; and the International Covenant on Economic, Social and Cultural Rights Article 1: Right to self-determination

What would happen if we had a Human Rights Act

If Australia was to have a Human Rights Act, the federal government and opposition would have to consider how laws and policy impact on human rights. Public servants would also have to respect human rights, and any breaches would have to be remedied.

A Human Rights Act would be further strengthened by the guarantee in the Constitution of the right equality and non-discrimination.

Alternatively, human rights could be wholly protected within the Constitution, however this would require substantial changes to the Constitution which are less likely to be supported at a referendum.

What you must do to protect human rights for all

The Australian Human Rights Consultation committee is encouraging people like you to let them know what you think about human rights in Australia. Although submissions have closed, you can still have your say until 26 June on the Open Forum website. Open Forum is handling final submissions on behalf of the Attorney-General's Department.

While the consultation is broad, we urge you – as an ANTaR supporter – to consider the rights of Aboriginal and Torres Strait Islander people when you make a submission.

What you need to know

The Australian government has recently supported the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). However, to adequately protect (in legal terms) Indigenous rights in Australia a Human Rights Act is required at the very minimum.

A Human Rights Act would be considerably strengthened by a constitutional guarantee of equality and non-discrimination, including:

• Removal of the current racially discriminatory section of the Constitution (Section 25)
• Amending the current 'race power' (Section 51 (xxvi)) to ensure equality and non-discrimination.

There should also be in addition preamble recognition of Indigenous peoples in the Constitution.

Please request that the following Indigenous-specific rights be included in a Human Rights Act:

• The right to a distinct status and culture, which helps maintain and strengthen the identity, spiritual and cultural practices of Indigenous communities
• The right to land, which provides the spiritual and cultural basis of Indigenous communities
• The right to self-determination, which is a process where Indigenous communities take control of their future and decide how they will address the issues facing them

In addition, the following general rights should be included:

• The right to the highest attainable standard of health
• The right to an adequate standard of living
• The right to freedom from discrimination
• The right to be free from violence
• The right to be treated equally under the law

A Human Rights Act would better protect the rights of Indigenous Australians if it also:

• Recognises Indigenous people in the preamble of the Act
• Recognises and protects Indigenous rights outlined in the UN Declaration on the Rights of Indigenous People (UNDRIP)

When writing your submission, also:

• Write why you care about human rights, and specifically the rights of Indigenous Australians
• Add case studies as they put issues in context, but don’t use emotive language
• Keep it brief :)

Further reading

• Read some of the submissions on Indigenous rights that the commission has already received
• Read the Public Interest Advocacy Centre fact sheet on protecting Indigenous rights
• Read the Australian Human Rights Commission fact sheet on Human rights and Aboriginal and Torres Strait Islander peoples
• Read the book Statute of Liberty by Jeffery Robertson

ANTaR's submission