The relatively new Human Rights Council has created new power blocs in international affairs. Australia will come under the spotlight in the four-yearly Universal Periodic Review, in early 2011, of how well we’re doing as a nation in terms of ensuring the rights of Australians
Report on DFAT/NGO consultations on Human Rights 22 February 2010
About 60 delegates from various NGO groups were represented at the consultation, which was held at the Department of Foreign Affairs and Trade headquarters in Canberra. The most significant for CLA, with whom the CLA representative had conversations, were:
- Mark Burness (Amnesty),
- Philip Lynch (Human Rights Law Resource Centre)
- Darren Dick (Australian
- Human Rights Commission)
- Dr Mary Edmunds (Human Rights Council of Australia)
- Andrew Goledzinowski (Ambassador Deputy Permanent Representative Australian Mission to UN NY)
- Sandra Vegting (Director, Human Rights and Indigenous Issues, DFAT)
- Chris Moraitis, chair, (DFAT, ex Australian High Commissioner to PNG)
Currently, the fundamental dynamic in the United Nations debates is that the number of countries favoring and concerned about human rights is in the minority, and declining. The Organisation of Islamic Conference (OIC) presents a clash of vales with the Western European and Others Conference (WEOC).
The change in structure from the Human Rights Commission to the Human Rights Council (which has moved from New York to Geneva) has not overall been positive from a human rights perspective. Relations between UN Geneva and New York offices is very poor.
Australia is not a member of the Council, which makes exerting influence difficult. NGOs find that, with Council continuous session, it is almost impossible for representations to time their attendance appropriately. Problems in the Middle East dominate discussion to the exclusion of other pressing matters. Country delegates engage in physical queueing to gain a chance to put a question from the floor, so countries stack queues with non critical people. A review of the Council is due in 2011, which may be an opportunity to improve the situation. However, the danger is that changes will make it worse, from a human rights perspective.
The Universal Periodic Review (UPR), which started in April 2008, consists of the review of the human rights practices of all States in the world, once every four years. The UPR is conducted by representatives of the 47 members of the Council, and covers all human rights matters in the country, not only issues for Treaties. It seems to be operating successfully, being taken seriously by countries. Australia will be reviewed by UPR in February 2011. The CLA representative questioned what issues is anticipated to be raised but the responding representative refused to be drawn, no doubt being unwilling to nominate obvious issues such as the NT Intervention, suspension of the Racial Discrimination Act and treatment of refugees. DFAT and AGs are managing arrangements. Input from NGOs is sought.
The point was made that Australia is sometimes in a position to break down traditional block voting patterns. There has been a much more positive attitude to the UN by the US since the change of Administration, which Australia welcomes. Australia is running for a position on the Security Council in 2013 – which will be close.
On Treaties, the meeting was informed that the government did not intend to ratify the Convention on the Rights of Migrant Workers. This was questioned by several delegates, the point being made that it is an important issue for the Asia Pacific region. The government representatives undertook to look at it again.
The Minister for Foreign Affairs, Mr Stephen Smith, outlined the achievements of the government. The government’s belief is that the observation of human rights in fact and in law is important, not the mechanism by which this is achieved. Finally stress was put on the need for ‘civility and respect’ in international relations.
The situation in Sri Lanka was discussed in both the morning and afternoon sessions, particularly the plight of the displaced people. The challenge now is to ‘win the peace’ and make all Sri Lankans feel they have a role in the country’s future. With the recent election, private engagement is useful, though there appears to be an internal power play between Singalese. Sri Lanka needs development assistance, through the World Bank. Access to camps had improved but has now slowed.
Finally for this report, the NT intervention was debated, including legislation before the House for income regulation being extended to other social security recipients. The Indigenous Community may proclaim against the NT intervention and suspension of the Racial Discrimination Act in international forums and campaign against Australia securing a seat on the UN Security Council. This report does not attempt to cover all aspects of the discussion, just the ones of interest to CLA and to the representative.
– report by Dr Kristine Klugman OAM, President, Civil Liberties Australia
For more information: http://www.dfat.gov.au/hr