| AUSTRALIA Commonwealth of Australia Commonwealth of Australia Joined United Nations: 1 November 1945 Human Rights as assured by their constitution Click here Updated 06/24/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Canberra
21,262,641 (July 2009 est.)
Elizabeth II
Queen of Australia and United Kingdom
since 6 February 1952
Queen of Australia and United Kingdom
since 6 February 1952
The monarch is hereditary and holds that position for life or until
abdication. The Governor General is selected by the Queen on
the recommendation of the Prime Minister
Next scheduled election: None
abdication. The Governor General is selected by the Queen on
the recommendation of the Prime Minister
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Julia Gillard
Prime Minister since 24 June 2010
Prime Minister since 24 June 2010
Following legislative elections, the leader of the majority party or
leader of a majority coalition is sworn in as prime minister by the
governor general; last election held 24 November 2007;
NOTE- Gillard replaced Kevin Rudd as Prime Minister
and Party when he was forced to resign on 24 June 2010.
Gillard is Australia's first female Prime Minister.
Next scheduled election: No later than 2010
leader of a majority coalition is sworn in as prime minister by the
governor general; last election held 24 November 2007;
NOTE- Gillard replaced Kevin Rudd as Prime Minister
and Party when he was forced to resign on 24 June 2010.
Gillard is Australia's first female Prime Minister.
Next scheduled election: No later than 2010
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Caucasian 92%, Asian 7%, aboriginal and other 1%
| RELIGIONS |
Catholic 25.8%, Anglican 18.7%, Uniting Church 5.7%, Presbyterian and Reformed 3%, Eastern Orthodox 2.7%,
other Christian 7.9%, Buddhist 2.1%, Muslim 1.7%, other 2.4%, unspecified 11.3%, none 18.7% (2006 Census)
other Christian 7.9%, Buddhist 2.1%, Muslim 1.7%, other 2.4%, unspecified 11.3%, none 18.7% (2006 Census)
| GOVERNMENT STRUCTURE |
Federal parliamentary democracy with 6 states and 2 territories. Legal system is based on English common law; accepts
compulsory ICJ jurisdiction, with reservations
Executive: Monarch represented by Governor General; Prime Minister selected by Governor General as leader of
majority part or coalition
Legislative: Bicameral Federal Parliament consists of the Senate (76 seats - 12 from each of the six states and 2 from
each of the two mainland territories; one-half of state members are elected every three years by popular vote to serve
six-year terms while all territory members are elected every three years) and the House of Representatives (150 seats;
members elected by popular preferential voting to serve terms of up to three-years; no state can have fewer than 5
representatives)
elections: Senate - last held 24 November 2007 (next to be held no later than 2010); House of Representatives - last held
24 November 2007 (next to be called no later than 2010)
Judicial: High Court (the chief justice and six other justices are appointed by the governor general)
compulsory ICJ jurisdiction, with reservations
Executive: Monarch represented by Governor General; Prime Minister selected by Governor General as leader of
majority part or coalition
Legislative: Bicameral Federal Parliament consists of the Senate (76 seats - 12 from each of the six states and 2 from
each of the two mainland territories; one-half of state members are elected every three years by popular vote to serve
six-year terms while all territory members are elected every three years) and the House of Representatives (150 seats;
members elected by popular preferential voting to serve terms of up to three-years; no state can have fewer than 5
representatives)
elections: Senate - last held 24 November 2007 (next to be held no later than 2010); House of Representatives - last held
24 November 2007 (next to be called no later than 2010)
Judicial: High Court (the chief justice and six other justices are appointed by the governor general)
| LANGUAGES |
English 78.5%, Chinese 2.5%, Italian 1.6%, Greek 1.3%, Arabic 1.2%, Vietnamese 1%, other 8.2%, unspecified
5.7% (2006 Census)
5.7% (2006 Census)
| BRIEF HISTORY |
It is believed that first human migration to Australia was achieved when this landmass formed part of the Sahul continent,
connected to the island of New Guinea via a land bridge. It is also possible that people came by boat across the Timor
Sea. The exact timing of the arrival of the ancestors of the Indigenous Australians has been a matter of dispute among
archaeologists. The most generally accepted date for first arrival is between 40,000 - 50,000 years BP. Humans reached
Tasmania approximately 40,000 years ago by migrating across a land bridge from the mainland that existed during the last
ice age. After the seas rose about 12,000 years ago and covered the land bridge, the inhabitants there were isolated from
the mainland until the arrival of European settlers. At the time of first European contact, it is estimated that between
250,000 and 1 million people lived in Australia. Records of the discovery of the Australian continent by European
expeditions date back to the early 17th century. The first known sighting was in 1606 by the Dutch navigator Willem
Janszoon, while some have argued that Portuguese navigators may have discovered Australia in the 16th century , but
there is no firm evidence to support this theory. Other 17th century European voyagers (predominantly Dutch, but also
French and English) were to follow suit, and by the start of the 18th century the western and northern coastlines of what
had become known as "New Holland" had been charted. No attempts to establish settlements were made, however. In
1770, the expedition of the Endeavour under command of British Royal Navy Lieutenant James Cook navigated and
charted the east coast of Australia, making first landfall at Botany Bay on April 29, 1770. Cook continued northwards,
and before leaving put ashore on Possession Island in the Torres Strait off Cape York on August 22, 1770. Here he
formally claimed the eastern coastline he had discovered for the Crown, naming it New South Wales. The British Crown
Colony of New South Wales started with the establishment of a settlement and penal colony at Port Jackson by Captain
Arthur Phillip on 26 January 1788. New Zealand was part of New South Wales until 1840 when it became a colony.
The transportation of convicts to Australia was phased out between 1840 and 1868. On 1 January 1901, federation of
the colonies was achieved after a decade of planning, consultation and voting, and the Commonwealth of Australia was
born, as a Dominion of the British Empire. The Australian Capital Territory (ACT) was formed from New South Wales in
1911 to provide a location for the proposed new federal capital of Canberra (Melbourne was the capital from 1901 to
1927). Australian troops took part in both world wars. Since World War II Australia has been transformed by a massive
immigration programme, and since the 1970s and the abolition of the White Australia policy from Asia and other parts of
the world; radically transforming Australia's demography, culture and image of itself. Since 1951, Australia has been a
formal military ally of the US under the auspices of the ANZUS treaty. The final constitutional ties between Australia and
Britain ended in 1986 with the passing of the Australia Act 1986, ending any British role in the Australian States, and
ending judicial appeals to the UK Privy Council. Australia remains a constitutional monarchy with Queen Elizabeth II the
Queen of Australia; the 1999 referendum to establish a republic was marginally rejected. Australia's links to its British past
are increasingly tenuous.
Sources Wikipedia: Indigenous Australians; Wikipedia: Australia History;
connected to the island of New Guinea via a land bridge. It is also possible that people came by boat across the Timor
Sea. The exact timing of the arrival of the ancestors of the Indigenous Australians has been a matter of dispute among
archaeologists. The most generally accepted date for first arrival is between 40,000 - 50,000 years BP. Humans reached
Tasmania approximately 40,000 years ago by migrating across a land bridge from the mainland that existed during the last
ice age. After the seas rose about 12,000 years ago and covered the land bridge, the inhabitants there were isolated from
the mainland until the arrival of European settlers. At the time of first European contact, it is estimated that between
250,000 and 1 million people lived in Australia. Records of the discovery of the Australian continent by European
expeditions date back to the early 17th century. The first known sighting was in 1606 by the Dutch navigator Willem
Janszoon, while some have argued that Portuguese navigators may have discovered Australia in the 16th century , but
there is no firm evidence to support this theory. Other 17th century European voyagers (predominantly Dutch, but also
French and English) were to follow suit, and by the start of the 18th century the western and northern coastlines of what
had become known as "New Holland" had been charted. No attempts to establish settlements were made, however. In
1770, the expedition of the Endeavour under command of British Royal Navy Lieutenant James Cook navigated and
charted the east coast of Australia, making first landfall at Botany Bay on April 29, 1770. Cook continued northwards,
and before leaving put ashore on Possession Island in the Torres Strait off Cape York on August 22, 1770. Here he
formally claimed the eastern coastline he had discovered for the Crown, naming it New South Wales. The British Crown
Colony of New South Wales started with the establishment of a settlement and penal colony at Port Jackson by Captain
Arthur Phillip on 26 January 1788. New Zealand was part of New South Wales until 1840 when it became a colony.
The transportation of convicts to Australia was phased out between 1840 and 1868. On 1 January 1901, federation of
the colonies was achieved after a decade of planning, consultation and voting, and the Commonwealth of Australia was
born, as a Dominion of the British Empire. The Australian Capital Territory (ACT) was formed from New South Wales in
1911 to provide a location for the proposed new federal capital of Canberra (Melbourne was the capital from 1901 to
1927). Australian troops took part in both world wars. Since World War II Australia has been transformed by a massive
immigration programme, and since the 1970s and the abolition of the White Australia policy from Asia and other parts of
the world; radically transforming Australia's demography, culture and image of itself. Since 1951, Australia has been a
formal military ally of the US under the auspices of the ANZUS treaty. The final constitutional ties between Australia and
Britain ended in 1986 with the passing of the Australia Act 1986, ending any British role in the Australian States, and
ending judicial appeals to the UK Privy Council. Australia remains a constitutional monarchy with Queen Elizabeth II the
Queen of Australia; the 1999 referendum to establish a republic was marginally rejected. Australia's links to its British past
are increasingly tenuous.
Sources Wikipedia: Indigenous Australians; Wikipedia: Australia History;
| ECONOMIC OVERVIEW |
Australia's abundant and diverse natural resources attract high levels of foreign investment and include extensive
reserves of coal, iron ore, copper, gold, natural gas, uranium, and renewable energy sources. A series of major
investments, such as the US$40 billion Gorgon Liquid Natural Gas project, will significantly expand the resources
sector. Australia also has a large services sector and is a significant exporter of natural resources, energy, and food.
Key tenets of Australia's trade policy include support for open trade and the successful culmination of the Doha Round
of multilateral trade negotiations, particularly for agriculture and services. The Australian economy grew for 17
consecutive years before the global financial crisis. Subsequently, the Rudd government introduced a fiscal stimulus
package worth over US$50 billion to offset the effect of the slowing world economy, while the Reserve Bank of
Australia cut interest rates to historic lows. These policies - and continued demand for commodities, especially from
China - helped the Australian economy rebound after just one quarter of negative growth. The economy grew by 1.5%
during the first three quarters of 2009 - the best performance in the OECD. Unemployment, originally expected to
reach 8-10%, peaked at 5.8% in late 2009 and fell to 5.3% by February 2010. As a result of an improved economy,
the budget deficit is expected to peak below 4.7% of GDP and the government could return to budget surpluses as
early as 2015. The Australian financial system remained resilient throughout the financial crisis and Australian banks
have rebounded. Australia was one of the first advanced economies to raise interest rates - three times since October
2009 - and the government removed the wholesale funding guarantee for financial institutions in March 2010. During
2010, the government will focus on raising Australia's economic productivity, managing the symbiotic, but sometimes
tense, economic relationship with China, passing emissions trading legislation, and dealing with other climate-related
issues such as drought and devastating bushfires. Australia is engaged in the Trans-Pacific Partnership talks and ongoing
free trade agreement negotiations with China and Japan.
Source: CIA World Factbook (select Australia)
reserves of coal, iron ore, copper, gold, natural gas, uranium, and renewable energy sources. A series of major
investments, such as the US$40 billion Gorgon Liquid Natural Gas project, will significantly expand the resources
sector. Australia also has a large services sector and is a significant exporter of natural resources, energy, and food.
Key tenets of Australia's trade policy include support for open trade and the successful culmination of the Doha Round
of multilateral trade negotiations, particularly for agriculture and services. The Australian economy grew for 17
consecutive years before the global financial crisis. Subsequently, the Rudd government introduced a fiscal stimulus
package worth over US$50 billion to offset the effect of the slowing world economy, while the Reserve Bank of
Australia cut interest rates to historic lows. These policies - and continued demand for commodities, especially from
China - helped the Australian economy rebound after just one quarter of negative growth. The economy grew by 1.5%
during the first three quarters of 2009 - the best performance in the OECD. Unemployment, originally expected to
reach 8-10%, peaked at 5.8% in late 2009 and fell to 5.3% by February 2010. As a result of an improved economy,
the budget deficit is expected to peak below 4.7% of GDP and the government could return to budget surpluses as
early as 2015. The Australian financial system remained resilient throughout the financial crisis and Australian banks
have rebounded. Australia was one of the first advanced economies to raise interest rates - three times since October
2009 - and the government removed the wholesale funding guarantee for financial institutions in March 2010. During
2010, the government will focus on raising Australia's economic productivity, managing the symbiotic, but sometimes
tense, economic relationship with China, passing emissions trading legislation, and dealing with other climate-related
issues such as drought and devastating bushfires. Australia is engaged in the Trans-Pacific Partnership talks and ongoing
free trade agreement negotiations with China and Japan.
Source: CIA World Factbook (select Australia)
| POLITICAL CLIMATE |
The Australian Labor Party came to power in the November 2007 election, ending John Howard's 11 years in office as Prime
Minister and head of Liberal/National coalition government. The Labor Party now holds a majority in the House of
Representatives. The Senate, however, reverted to its prior state, with the balance of power being held by minor parties.
Whether Australia's political system should be characterised as a 'two-party system' is a matter of debate, and can be
said to vary to some degree from jurisdiction to jurisdiction. Of Australia's three main parties, two (Liberal and
National) are in long-standing coalition at the national level – however they are not always in coalition at the state level,
and the Liberal Party is not always the senior partner (the National Party predominates in the state of Queensland).
However, as the National Party only ever considers a coalition or similar arrangement with one of the other two parties
(ie. Liberal),the system might be regarded as a two-party one in terms of choices of government, even though voters in
some electorates may have a choice between three candidates with realistic chances of being elected to office.
Despite the entrenched role of formal parties in Australian politics, they are 'almost totally extra-legal and extra-
constitutional'.In contrast to some other countries, such as the United States, Australian political parties and their
internal operations are relatively unregulated. There is however a system of party registration through the Australian
Electoral Commission and its state and territory equivalents, including reporting of some aspects of party activities,
principally the receipt of major donations.
Source: Wikipedia: Politics of Australia
Minister and head of Liberal/National coalition government. The Labor Party now holds a majority in the House of
Representatives. The Senate, however, reverted to its prior state, with the balance of power being held by minor parties.
Whether Australia's political system should be characterised as a 'two-party system' is a matter of debate, and can be
said to vary to some degree from jurisdiction to jurisdiction. Of Australia's three main parties, two (Liberal and
National) are in long-standing coalition at the national level – however they are not always in coalition at the state level,
and the Liberal Party is not always the senior partner (the National Party predominates in the state of Queensland).
However, as the National Party only ever considers a coalition or similar arrangement with one of the other two parties
(ie. Liberal),the system might be regarded as a two-party one in terms of choices of government, even though voters in
some electorates may have a choice between three candidates with realistic chances of being elected to office.
Despite the entrenched role of formal parties in Australian politics, they are 'almost totally extra-legal and extra-
constitutional'.In contrast to some other countries, such as the United States, Australian political parties and their
internal operations are relatively unregulated. There is however a system of party registration through the Australian
Electoral Commission and its state and territory equivalents, including reporting of some aspects of party activities,
principally the receipt of major donations.
Source: Wikipedia: Politics of Australia
| INTERNATIONAL DISPUTES |
In 2007 Australia and Timor-Leste sign 50-year development zone and revenue sharing agreement in lieu of a maritime
boundary; dispute with Timor-Leste hampers creation of a revised maritime boundary with Indonesia in the Timor Sea;
regional states continue to express concern over Australia's 2004 declaration of a 1,000-nautical mile-wide maritime
identification zone; Australia asserts land and maritime claims to Antarctica; in 2004 Australia submitted its claims to
Commission on the Limits of the Continental Shelf (CLCS) to extend its continental margins covering over 3.37 million
square kilometers, expanding its seabed roughly 30 percent more than its claimed exclusive economic zone; since
2003, Australia has led the Regional Assistance Mission to the Solomon Islands (RAMSI) to maintain civil and political
order and reinforce regional security
boundary; dispute with Timor-Leste hampers creation of a revised maritime boundary with Indonesia in the Timor Sea;
regional states continue to express concern over Australia's 2004 declaration of a 1,000-nautical mile-wide maritime
identification zone; Australia asserts land and maritime claims to Antarctica; in 2004 Australia submitted its claims to
Commission on the Limits of the Continental Shelf (CLCS) to extend its continental margins covering over 3.37 million
square kilometers, expanding its seabed roughly 30 percent more than its claimed exclusive economic zone; since
2003, Australia has led the Regional Assistance Mission to the Solomon Islands (RAMSI) to maintain civil and political
order and reinforce regional security
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDP) |
None reported.
| ILLICIT DRUGS |
Tasmania is one of the world's major suppliers of licit opiate products; government maintains strict controls over areas
of opium poppy cultivation and output of poppy straw concentrate; major consumer of cocaine and amphetamines
of opium poppy cultivation and output of poppy straw concentrate; major consumer of cocaine and amphetamines
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2009 Human Rights Reports: Australia
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Australia is a constitutional democracy with a federal parliamentary government. Its population was approximately 21.4 million.
Citizens periodically choose their representatives in free and fair multiparty elections. In federal parliamentary elections held in 2007,
the Australian Labor Party (ALP) defeated the governing Liberal Party and National Party coalition, and ALP leader Kevin Rudd
became prime minister. Civilian authorities generally maintained effective control of the security forces.
Problems were reported in a few areas, including:
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Australia is a constitutional democracy with a federal parliamentary government. Its population was approximately 21.4 million.
Citizens periodically choose their representatives in free and fair multiparty elections. In federal parliamentary elections held in 2007,
the Australian Labor Party (ALP) defeated the governing Liberal Party and National Party coalition, and ALP leader Kevin Rudd
became prime minister. Civilian authorities generally maintained effective control of the security forces.
Problems were reported in a few areas, including:
- domestic violence against women and children,
- racially based attacks on foreign students,
- societal discrimination against indigenous people.
12 June 2009
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Forty-second session
Geneva, 4 to 22 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE
COVENANT
Concluding Observations of the Committee on Economic, Social and Cultural Rights
Australia
A. Introduction
2. The Committee welcomes the open and constructive dialogue with the delegation of the State party, as well as its comprehensive
written replies to its list of issues (E/C.12/AUS/Q/4). However, it regrets that the format chosen in preparing the fourth periodic
report of Australia did not provide the Committee with a substantive report on the measures adopted by the State party to give
effect to the Covenant rights and on the progress made in achieving the observance of those rights.
B. Positive aspects
4. The Committee welcomes the parliamentary apology to the indigenous peoples, victims of the “Stolen Generation” policies,
issued on 13 February 2008, and acknowledges the State party’s commitment to build a sustained and constructive partnership
with indigenous peoples, and to close the gap in the enjoyment of the Covenant rights between indigenous and nonindigenous
Australians.
5. The Committee notes with satisfaction that the State party has repealed legal provisions which discriminated against same-sex
couples in relation to financial and work related benefits.
C. Factors and difficulties impeding the implementation of the covenant
9. The Committee notes the absence of any significant factors or difficulties impeding the effective implementation of the Covenant
in the State party.
D. Principal subjects of concern and recommendations
10. While welcoming the National Human Rights Consultation regarding the legal recognition and protection of human rights which
is currently being carried out in the State party, the Committee regrets that the terms of reference for the National Human Rights
Consultation do not specifically call for the consideration of economic, social and cultural rights.
The Committee affirms the principle of interdependency and indivisibility of human rights and calls on the State party to include
economic, social and cultural rights when considering the submissions received.
Click here to read more »
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Forty-second session
Geneva, 4 to 22 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE
COVENANT
Concluding Observations of the Committee on Economic, Social and Cultural Rights
Australia
A. Introduction
2. The Committee welcomes the open and constructive dialogue with the delegation of the State party, as well as its comprehensive
written replies to its list of issues (E/C.12/AUS/Q/4). However, it regrets that the format chosen in preparing the fourth periodic
report of Australia did not provide the Committee with a substantive report on the measures adopted by the State party to give
effect to the Covenant rights and on the progress made in achieving the observance of those rights.
B. Positive aspects
4. The Committee welcomes the parliamentary apology to the indigenous peoples, victims of the “Stolen Generation” policies,
issued on 13 February 2008, and acknowledges the State party’s commitment to build a sustained and constructive partnership
with indigenous peoples, and to close the gap in the enjoyment of the Covenant rights between indigenous and nonindigenous
Australians.
5. The Committee notes with satisfaction that the State party has repealed legal provisions which discriminated against same-sex
couples in relation to financial and work related benefits.
C. Factors and difficulties impeding the implementation of the covenant
9. The Committee notes the absence of any significant factors or difficulties impeding the effective implementation of the Covenant
in the State party.
D. Principal subjects of concern and recommendations
10. While welcoming the National Human Rights Consultation regarding the legal recognition and protection of human rights which
is currently being carried out in the State party, the Committee regrets that the terms of reference for the National Human Rights
Consultation do not specifically call for the consideration of economic, social and cultural rights.
The Committee affirms the principle of interdependency and indivisibility of human rights and calls on the State party to include
economic, social and cultural rights when considering the submissions received.
Click here to read more »
Freedom In The World Report- 2009
Australia
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
After taking office, Rudd immediately reversed some of the most controversial policies of the Howard government. He announced
an end to his predecessor’s asylum practices, known as the Pacific Solution, in January 2008. By mid-year, the offshore detention
centers in Nauru and Papua New Guinea were closed and the last detainees were shipped to Australia for review and adjudication.
A total of 1,637 people had been held in the detention centers since their inception, costing Australia some US$265 million. The
Rudd government also promised financial aid to help Nauru and Papua New Guinea cope with the loss of rent and jobs associated
with the detention centers. In July, the government took the additional step of ending the policy of jailing asylum seekers. In
December, however, the government opened a new detention center on Christmas Island that had been previously commissioned
by the Howard government to deal with the continuing influx of asylum seekers.
On the issue of counterterrorism policy, the government in April 2008 began an inquiry into the poor handling of the Haneef case,
and later concluded that his arrest was improper and that sweeping changes to antiterrorism laws were needed. However, the threat
of terrorism apparently remained. In September, seven men were convicted for forming a cell that planned attacks on Howard and
major sports events. Rudd also ended Australia’s combat role in Iraq in June, though several hundred troops are expected to remain
to serve in noncombat roles, and approximately 1,000 troops are still stationed in Afghanistan.
Rudd also sought to set a new tone on policy toward Aborigines. Speaking before Parliament in February, he made a formal
apology to the Aboriginal population for past laws and policies that had “inflicted profound grief, suffering, and loss.” However, the
government decided to continue the federal intervention in the Northern Territory, imposed by the previous government in 2007 in
response to evidence of rampant pedophilia, juvenile prostitution, domestic abuse, and other problems in Aboriginal communities.
Controversy regarding sexual abuse in Aboriginal communities persisted during the year, as public outrage led to heavier sentences
in June for nine Aboriginal men who had initially received suspended sentences or probation for raping a 10-year-old girl.
As for providing compensation to those who were removed from their families between 1915 and 1969 as part of the government’s
former policy of assimilating Aboriginal children into the white culture and mainstream economy, the Rudd government declared
that payments would not be made to individuals. Instead, a reparations fund would provide money for health and education
programs benefiting all Aborigines.
In September, Quentin Bryce, a former governor of Queensland, was sworn in as Australia’s first female governor-general. She
had been one of the first women admitted to the Queensland bar and later served as a federal sexual-discrimination commissioner.
Click here to read more »
Australia
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
After taking office, Rudd immediately reversed some of the most controversial policies of the Howard government. He announced
an end to his predecessor’s asylum practices, known as the Pacific Solution, in January 2008. By mid-year, the offshore detention
centers in Nauru and Papua New Guinea were closed and the last detainees were shipped to Australia for review and adjudication.
A total of 1,637 people had been held in the detention centers since their inception, costing Australia some US$265 million. The
Rudd government also promised financial aid to help Nauru and Papua New Guinea cope with the loss of rent and jobs associated
with the detention centers. In July, the government took the additional step of ending the policy of jailing asylum seekers. In
December, however, the government opened a new detention center on Christmas Island that had been previously commissioned
by the Howard government to deal with the continuing influx of asylum seekers.
On the issue of counterterrorism policy, the government in April 2008 began an inquiry into the poor handling of the Haneef case,
and later concluded that his arrest was improper and that sweeping changes to antiterrorism laws were needed. However, the threat
of terrorism apparently remained. In September, seven men were convicted for forming a cell that planned attacks on Howard and
major sports events. Rudd also ended Australia’s combat role in Iraq in June, though several hundred troops are expected to remain
to serve in noncombat roles, and approximately 1,000 troops are still stationed in Afghanistan.
Rudd also sought to set a new tone on policy toward Aborigines. Speaking before Parliament in February, he made a formal
apology to the Aboriginal population for past laws and policies that had “inflicted profound grief, suffering, and loss.” However, the
government decided to continue the federal intervention in the Northern Territory, imposed by the previous government in 2007 in
response to evidence of rampant pedophilia, juvenile prostitution, domestic abuse, and other problems in Aboriginal communities.
Controversy regarding sexual abuse in Aboriginal communities persisted during the year, as public outrage led to heavier sentences
in June for nine Aboriginal men who had initially received suspended sentences or probation for raping a 10-year-old girl.
As for providing compensation to those who were removed from their families between 1915 and 1969 as part of the government’s
former policy of assimilating Aboriginal children into the white culture and mainstream economy, the Rudd government declared
that payments would not be made to individuals. Instead, a reparations fund would provide money for health and education
programs benefiting all Aborigines.
In September, Quentin Bryce, a former governor of Queensland, was sworn in as Australia’s first female governor-general. She
had been one of the first women admitted to the Queensland bar and later served as a federal sexual-discrimination commissioner.
Click here to read more »
Australian government must end state-sponsored racially discriminatory measures
18 November 2009
Slamming decades of failure by Australian governments to address the dire living conditions, disempowerment and discrimination
faced by many of the country’s Indigenous peoples, Amnesty International’s Secretary General Irene Khan warned that the
government of Prime Minister Rudd must not squander its unique opportunity to right these historic wrongs.
In the latest in a long line of indignities, some 45,000 Aboriginal people are today still subject to state-sponsored racially
discriminatory measures, including blanket quarantining of social security payments as a result of the Northern Territory
Emergency Response (NTER).
“The blunt force of the Intervention’s heavy handed ‘one size fits all’ approach cannot deliver the desired results. The Government
will not secure the long term protection of women and children unless there is an integrated human rights solution that empower
peoples and engages them to take responsibility for the solutions,” Irene Khan said.
Welcoming the commitment she had received from Indigenous Affairs Minister Jenny Macklin that the Government would
introduce legislation to reinstate the Racial Discrimination Act in the Northern Territory, Irene Khan called on the Government to
ensure that it does so in line with Australia’s international obligations not to discriminate against Indigenous peoples.
While noting that grave levels of violence against women and children is the stated rationale for the NTER, Irene Khan emphasized
that respect for women and children’s human rights would not be secured without respect for all human rights for all.
“Indigenous people in remote Aboriginal communities deserve the same respect, safety and protection as does any Australian – but
this will not be achieved in a sustained manner under the Emergency Response which is stigmatizing and disempowering an already
marginalized people and which is in violation of Australia’s international obligations,” said Irene Khan.
As part of her visit to Australia, Amnesty International’s Secretary General visited the Utopia region in central Australia, an
impoverished grouping of homeland communities 350 kilometres northeast of Alice Springs.
Click here to read more »
18 November 2009
Slamming decades of failure by Australian governments to address the dire living conditions, disempowerment and discrimination
faced by many of the country’s Indigenous peoples, Amnesty International’s Secretary General Irene Khan warned that the
government of Prime Minister Rudd must not squander its unique opportunity to right these historic wrongs.
In the latest in a long line of indignities, some 45,000 Aboriginal people are today still subject to state-sponsored racially
discriminatory measures, including blanket quarantining of social security payments as a result of the Northern Territory
Emergency Response (NTER).
“The blunt force of the Intervention’s heavy handed ‘one size fits all’ approach cannot deliver the desired results. The Government
will not secure the long term protection of women and children unless there is an integrated human rights solution that empower
peoples and engages them to take responsibility for the solutions,” Irene Khan said.
Welcoming the commitment she had received from Indigenous Affairs Minister Jenny Macklin that the Government would
introduce legislation to reinstate the Racial Discrimination Act in the Northern Territory, Irene Khan called on the Government to
ensure that it does so in line with Australia’s international obligations not to discriminate against Indigenous peoples.
While noting that grave levels of violence against women and children is the stated rationale for the NTER, Irene Khan emphasized
that respect for women and children’s human rights would not be secured without respect for all human rights for all.
“Indigenous people in remote Aboriginal communities deserve the same respect, safety and protection as does any Australian – but
this will not be achieved in a sustained manner under the Emergency Response which is stigmatizing and disempowering an already
marginalized people and which is in violation of Australia’s international obligations,” said Irene Khan.
As part of her visit to Australia, Amnesty International’s Secretary General visited the Utopia region in central Australia, an
impoverished grouping of homeland communities 350 kilometres northeast of Alice Springs.
Click here to read more »
We should take the lead on human rights in South-East Asia
by Elaine Pearson, deputy director of the Asia division of Human Rights Watch
Published in: The Age
January 19, 2010
"It's not our role to tell countries what to do. These are internal affairs of the state."
These sound like the words of a Chinese official, yet this is what an Australian diplomat told me on a recent visit to South-East
Asia. Geographically on the fringes of Asia and with a different culture and history, Australia is sensitive to being perceived as a
big-mouthed bully in the Asia-Pacific region.
This is not to say Australia is silent on human rights. Australia has a good track record of principled diplomacy and implementing
targeted sanctions against abusive military governments in Burma and Fiji. Yet it's relatively easy for Australia to speak out about
countries where it has few economic interests. It takes more courage and principle to turn up the heat on countries where it has
significant economic and strategic interests.
Australia has particularly good leverage for raising human rights issues in countries where it has close military ties. The Rudd
Government should use it. Australia should be taking the lead in protecting rights through strong public statements, private
diplomacy, and intelligent aid.
As a major donor and significant provider of military and police training, Australia already strives to improve governance and human
rights and professionalise security forces in countries such as Cambodia, Indonesia, the Philippines, and Thailand. Australia hopes
to help these and other nations to be - or become - stable and democratic, rather than authoritarian regimes.
The Rudd Government could start by being more proactive and vocal in addressing issues such as extrajudicial killings and
impunity. For example, in Cambodia, Indonesia, the Philippines, and Thailand, the security forces commit abuses such as
extrajudicial killings, enforced disappearances, torture and arbitrary arrest and detention without fear of punishment. Abusive
officials are rarely, if ever, prosecuted for such crimes, while those implicated in abuses remain in the security forces and often are
even promoted.
Australia could have real impact in pressing countries to bring the perpetrators of abuse to justice, but this means being prepared to
raise human rights in meaningful rather than abstract ways, such as publicly raising specific cases with governments. A more
cautious approach only bolsters the standing of abusive governments at the expense of their people.
Elaine Pearson is the deputy director of the Asia Division at Human Rights Watch.
Click here to read more »
by Elaine Pearson, deputy director of the Asia division of Human Rights Watch
Published in: The Age
January 19, 2010
"It's not our role to tell countries what to do. These are internal affairs of the state."
These sound like the words of a Chinese official, yet this is what an Australian diplomat told me on a recent visit to South-East
Asia. Geographically on the fringes of Asia and with a different culture and history, Australia is sensitive to being perceived as a
big-mouthed bully in the Asia-Pacific region.
This is not to say Australia is silent on human rights. Australia has a good track record of principled diplomacy and implementing
targeted sanctions against abusive military governments in Burma and Fiji. Yet it's relatively easy for Australia to speak out about
countries where it has few economic interests. It takes more courage and principle to turn up the heat on countries where it has
significant economic and strategic interests.
Australia has particularly good leverage for raising human rights issues in countries where it has close military ties. The Rudd
Government should use it. Australia should be taking the lead in protecting rights through strong public statements, private
diplomacy, and intelligent aid.
As a major donor and significant provider of military and police training, Australia already strives to improve governance and human
rights and professionalise security forces in countries such as Cambodia, Indonesia, the Philippines, and Thailand. Australia hopes
to help these and other nations to be - or become - stable and democratic, rather than authoritarian regimes.
The Rudd Government could start by being more proactive and vocal in addressing issues such as extrajudicial killings and
impunity. For example, in Cambodia, Indonesia, the Philippines, and Thailand, the security forces commit abuses such as
extrajudicial killings, enforced disappearances, torture and arbitrary arrest and detention without fear of punishment. Abusive
officials are rarely, if ever, prosecuted for such crimes, while those implicated in abuses remain in the security forces and often are
even promoted.
Australia could have real impact in pressing countries to bring the perpetrators of abuse to justice, but this means being prepared to
raise human rights in meaningful rather than abstract ways, such as publicly raising specific cases with governments. A more
cautious approach only bolsters the standing of abusive governments at the expense of their people.
Elaine Pearson is the deputy director of the Asia Division at Human Rights Watch.
Click here to read more »
Statement by H.E Gary Quinlan, Ambassador and Permanent Representative of Australia to the United Nations Third
Committee regarding the National Statement on Human Rights, delivered on 28 October 2009.
Today, I reaffirm the Australian Government’s commitment to human rights. Since coming to office two years ago, the new
Australian Government has turned this commitment into genuine progress in the promotion, protection and realisation of human
rights at home – and abroad.
Necessarily, the Government began with a focus on the needs of the most marginalised in Australian society. The Prime Minister’s
apology, on behalf of our nation, to Indigenous Australians for past mistreatment, signalled the beginning of a new relationship
between Indigenous and non-Indigenous Australians.
This new beginning was backed by a $5.6 billion investment to address Indigenous disadvantage. And in April this year, the
Australian Government announced its support for the Declaration on the Rights of Indigenous Peoples.
More broadly, the Government announced on the 60th anniversary of the Universal Declaration of Human Rights, the most
extensive community consultation on human rights in Australia’s history – the National Human Rights Consultation. The
Consultation held more than 65 community roundtables and public hearings in more than 50 urban, regional and remote locations
across the country. It received more than 35,000 submissions. The Consultation generated a considerable discussion of human
rights across Australia.
The Consultation has provided the Government with a valuable document. The resulting report identifies what Australia does well,
where we can do better, and assesses options for greater protection of human rights in Australia. The Government is now closely
examining this report. This was a key moment in Australia’s history in moving our domestic debate on human rights forward and
we welcome the enthusiasm expressed by so many Australian men and women towards a better realisation of human rights for all.
In parallel with these domestic efforts, the Australian Government has renewed its commitment to meeting Australia’s international
human rights obligations. And it has taken steps to assume further international obligations under relevant treaties.
Australia has long played a part in the international protection of human rights. We draw continuing inspiration from the work of
our former Foreign Minister and third President of the General Assembly, Dr Evatt, whose influence is reflected in Article 55 of the
United Nations Charter. This article – which became known at the San Francisco conference as the ‘Australian pledge’ – commits
the UN to promote ‘higher standards of living, full employment and conditions of economic and social progress and development’.
Click here to read more »
Committee regarding the National Statement on Human Rights, delivered on 28 October 2009.
Today, I reaffirm the Australian Government’s commitment to human rights. Since coming to office two years ago, the new
Australian Government has turned this commitment into genuine progress in the promotion, protection and realisation of human
rights at home – and abroad.
Necessarily, the Government began with a focus on the needs of the most marginalised in Australian society. The Prime Minister’s
apology, on behalf of our nation, to Indigenous Australians for past mistreatment, signalled the beginning of a new relationship
between Indigenous and non-Indigenous Australians.
This new beginning was backed by a $5.6 billion investment to address Indigenous disadvantage. And in April this year, the
Australian Government announced its support for the Declaration on the Rights of Indigenous Peoples.
More broadly, the Government announced on the 60th anniversary of the Universal Declaration of Human Rights, the most
extensive community consultation on human rights in Australia’s history – the National Human Rights Consultation. The
Consultation held more than 65 community roundtables and public hearings in more than 50 urban, regional and remote locations
across the country. It received more than 35,000 submissions. The Consultation generated a considerable discussion of human
rights across Australia.
The Consultation has provided the Government with a valuable document. The resulting report identifies what Australia does well,
where we can do better, and assesses options for greater protection of human rights in Australia. The Government is now closely
examining this report. This was a key moment in Australia’s history in moving our domestic debate on human rights forward and
we welcome the enthusiasm expressed by so many Australian men and women towards a better realisation of human rights for all.
In parallel with these domestic efforts, the Australian Government has renewed its commitment to meeting Australia’s international
human rights obligations. And it has taken steps to assume further international obligations under relevant treaties.
Australia has long played a part in the international protection of human rights. We draw continuing inspiration from the work of
our former Foreign Minister and third President of the General Assembly, Dr Evatt, whose influence is reflected in Article 55 of the
United Nations Charter. This article – which became known at the San Francisco conference as the ‘Australian pledge’ – commits
the UN to promote ‘higher standards of living, full employment and conditions of economic and social progress and development’.
Click here to read more »
ANNUAL REPORT 2008-2009
1 October 2009
CHAPTER 1 Ombudsman's review
The primary function of the Ombudsman's office is to handle complaints and enquiries from members of the public about
government administrative action. The objective, captured in the office's outcome, is that 'administrative action by Australian
Government agencies is fair and accountable'. We meet that objective by helping people to resolve complaints, by fostering
improved public administration and by focusing on integrity and legislative compliance in agency administration.
The idea of an ombudsman–like office—someone to safeguard citizens in their dealings with government—has been seen in one
form or another in a number of civilisations. The first modern ombudsman office was created in Sweden in 1809. By the 200th
anniversary, worldwide there were more than 140 statutory ombudsman offices at the national or sub–national level with oversight
of public authorities.
In Australia, the Commonwealth Ombudsman's office has been in operation since 1977. Since then the office has dealt with
hundreds of thousands of complaints about all areas of government. .
Complaints
In 2008–09 we received 45,719 approaches and complaints, 14% more than last year. The number of approaches and complaints
about agencies within the Ombudsman's jurisdiction (19,412) decreased slightly from 2007–08, when we had recorded a 9%
increase from 2006–07. This year there was a 30% increase in the number of complaints about matters outside our jurisdiction and
requests for information. This was the third consecutive year in which there was a substantial increase in these types of
approaches.
During the year we dealt with approaches and complaints about more than 120 Australian Government agencies. We investigated
5,233 separate complaints, compared to 4,700 in 2007–08. Some agency error or deficiency was identified in 10% of the
complaints investigated, compared to 8% last year. We also identified one or more remedies in 74% of the complaints investigated,
almost the same as last year.
Our timeliness in closing all approaches and complaints, and investigated complaints, decreased from last year. However, there was
a substantial reduction in the number of open complaints at the end of 2008–09, compared to the previous financial year.
Click here to read more »
1 October 2009
CHAPTER 1 Ombudsman's review
The primary function of the Ombudsman's office is to handle complaints and enquiries from members of the public about
government administrative action. The objective, captured in the office's outcome, is that 'administrative action by Australian
Government agencies is fair and accountable'. We meet that objective by helping people to resolve complaints, by fostering
improved public administration and by focusing on integrity and legislative compliance in agency administration.
The idea of an ombudsman–like office—someone to safeguard citizens in their dealings with government—has been seen in one
form or another in a number of civilisations. The first modern ombudsman office was created in Sweden in 1809. By the 200th
anniversary, worldwide there were more than 140 statutory ombudsman offices at the national or sub–national level with oversight
of public authorities.
In Australia, the Commonwealth Ombudsman's office has been in operation since 1977. Since then the office has dealt with
hundreds of thousands of complaints about all areas of government. .
Complaints
In 2008–09 we received 45,719 approaches and complaints, 14% more than last year. The number of approaches and complaints
about agencies within the Ombudsman's jurisdiction (19,412) decreased slightly from 2007–08, when we had recorded a 9%
increase from 2006–07. This year there was a 30% increase in the number of complaints about matters outside our jurisdiction and
requests for information. This was the third consecutive year in which there was a substantial increase in these types of
approaches.
During the year we dealt with approaches and complaints about more than 120 Australian Government agencies. We investigated
5,233 separate complaints, compared to 4,700 in 2007–08. Some agency error or deficiency was identified in 10% of the
complaints investigated, compared to 8% last year. We also identified one or more remedies in 74% of the complaints investigated,
almost the same as last year.
Our timeliness in closing all approaches and complaints, and investigated complaints, decreased from last year. However, there was
a substantial reduction in the number of open complaints at the end of 2008–09, compared to the previous financial year.
Click here to read more »
9 April 2010
Suspension of processing asylum seekers raises serious concerns
The Australian Human Rights Commission has expressed serious concerns at today's announcement that the processing of new Sri
Lankan and Afghani asylum seekers will be suspended, effective immediately.
Commission President Cathy Branson QC, said she was concerned that the suspension of processing could lead to the indefinite
detention of asylum seekers.
"We are extremely concerned that this suspension could result in the indefinite detention of asylum seekers, including families and
children already in distress," President Branson said.
"New asylum seekers from Sri Lanka and Afghanistan are now in a situation of considerable uncertainty, as a review of the
suspension in three or six months time does not guarantee the suspension will be lifted.
"We have real concerns that this policy shift could lead to arbitrary detention and take Australia down a path that is at odds with our
international human rights obligations," she said.
Ms Branson said the detrimental impacts of prolonged immigration detention, particularly on the mental health of asylum seekers,
was well documented. She said the prolonged detention of asylum seekers, especially children, could have a serious and
long-lasting impact on their mental health.
"The Australian Human Rights Commission is also concerned about the impact the suspension in processing will have on the
already overcrowded Christmas Island detention facilities," she said.
"We have consistently maintained that the small size and remoteness of Christmas Island makes it an inappropriate place to hold
people in immigration detention.
"Detainees cannot get adequate access to crucial support services such as legal advice, health and mental health care, and religious
support. Staff and detainees are already under significant strain.
"We also hold particular concerns about the impact of this change on families with children and unaccompanied minors," Ms
Branson said. "There are already significant numbers of children in immigration detention on Christmas Island. Today's suspension
in processing will mean that any new families or unaccompanied minors arriving could be subjected to prolonged periods in
detention."
Ms Branson said subjecting children to mandatory detention was a breach of Australia's obligations under the Convention on the
Rights of the Child, which requires that children should only be detained as a last resort and for the shortest appropriate period of
time.
"The Commission recognises that there is community concern about the recent arrival of asylum seekers by boat," Ms Branson
said. "However, it is important to keep this in perspective: Australia receives a comparatively low number of asylum seekers," she
said.
"The focus should be on ensuring that if people do arrive and seek asylum in Australia, we treat those people fairly, humanely and
in line with Australia's international obligations.
"This means allowing them entry in order to assess their refugee claims, and providing them with asylum if they can prove they are
a refugee."
Click here to read more »
Suspension of processing asylum seekers raises serious concerns
The Australian Human Rights Commission has expressed serious concerns at today's announcement that the processing of new Sri
Lankan and Afghani asylum seekers will be suspended, effective immediately.
Commission President Cathy Branson QC, said she was concerned that the suspension of processing could lead to the indefinite
detention of asylum seekers.
"We are extremely concerned that this suspension could result in the indefinite detention of asylum seekers, including families and
children already in distress," President Branson said.
"New asylum seekers from Sri Lanka and Afghanistan are now in a situation of considerable uncertainty, as a review of the
suspension in three or six months time does not guarantee the suspension will be lifted.
"We have real concerns that this policy shift could lead to arbitrary detention and take Australia down a path that is at odds with our
international human rights obligations," she said.
Ms Branson said the detrimental impacts of prolonged immigration detention, particularly on the mental health of asylum seekers,
was well documented. She said the prolonged detention of asylum seekers, especially children, could have a serious and
long-lasting impact on their mental health.
"The Australian Human Rights Commission is also concerned about the impact the suspension in processing will have on the
already overcrowded Christmas Island detention facilities," she said.
"We have consistently maintained that the small size and remoteness of Christmas Island makes it an inappropriate place to hold
people in immigration detention.
"Detainees cannot get adequate access to crucial support services such as legal advice, health and mental health care, and religious
support. Staff and detainees are already under significant strain.
"We also hold particular concerns about the impact of this change on families with children and unaccompanied minors," Ms
Branson said. "There are already significant numbers of children in immigration detention on Christmas Island. Today's suspension
in processing will mean that any new families or unaccompanied minors arriving could be subjected to prolonged periods in
detention."
Ms Branson said subjecting children to mandatory detention was a breach of Australia's obligations under the Convention on the
Rights of the Child, which requires that children should only be detained as a last resort and for the shortest appropriate period of
time.
"The Commission recognises that there is community concern about the recent arrival of asylum seekers by boat," Ms Branson
said. "However, it is important to keep this in perspective: Australia receives a comparatively low number of asylum seekers," she
said.
"The focus should be on ensuring that if people do arrive and seek asylum in Australia, we treat those people fairly, humanely and
in line with Australia's international obligations.
"This means allowing them entry in order to assess their refugee claims, and providing them with asylum if they can prove they are
a refugee."
Click here to read more »
Represented by
Quentin Bryce
Governor General since 05 September 2008
Quentin Bryce
Governor General since 05 September 2008
| Click map for larger view |
| Click flag for Country Report |
| TRAFFICKING IN PERSONS |
None reported.
