Law body slams govt on rights

By COURTNEY KEOGH
THE ACT Law Council has expressed disappointment at the Government’s decision not to enact a Human Rights Act, despite overwhelming evidence from the National Human Rights Consultation (NHRC) that human rights legislation is lacking at a federal level.

Attorney-General Robert McClelland announced in a press release that the Government would not be introducing a separate Human Rights Act, and would instead implement a framework aimed at protecting the rights of Australians.

Law Council president Glenn Ferguson said that any initiatives aimed at upholding and defending human rights were welcomed, however the decision by the Government to overlook recommendations by the NHRC was “very disappointing”.

“The consultation identified significant gaps in the protection of Australian rights and made numerous recommendations for reform,” he said.

Mr Ferguson believes the Government has acted in a way that has made it impossible for Australia to have a comprehensive legal framework surrounding human rights.

“Lack of adequate human rights protection affects some Australians’ ability to be free from arbitrary detention and to be treated equally before the law,” he said.

The Law Council has long argued that a Federal Human Rights Act is the most effective way to guarantee the rights of all Australians are adequately protected.

The ACT Human Rights and Discrimination Commissioner, Dr Helen Watchirs, has also expressed her disappointment at the Government’s decision.

Dr Watchirs has, like Mr Ferguson, praised the Government’s intention to implement a framework for the protection of human rights, but believes the wishes of the Australian public have not been met by the Government’s decision.

“I feel that we have missed an opportunity to better protect the people most vulnerable in the community, such as Aboriginal and Torres Strait Islanders and refugee applicants,” she said.

The Consultation held 66 community roundtables, conducted three days of public hearings in Canberra and received more than 35,000 submissions. More than 27,000 of these submissions were in favour of the Commonwealth following suit with the ACT and enacting a human rights Act.

Human Rights groups such as Liberty Victoria and the Australian Human Rights Group believe it was strange the Government chose to establish the committee, only to look past its major recommendation. Dr Watchirs said, “In the ACT, the Human Rights Act has already been put to use in auditing and improving services such as the new Bimberi Youth Justice Centre.”

Mr Ferguson believes countries that have enacted Human Rights Acts, such as New Zealand and South Africa establish individuals as equals, and have an overwhelming benefit in the community, and urges the Government to rethink its decision.