Speaking at the Local Government Community Services Association of Australia’s conference staged recently in Melbourne, Professor of International Law and Human Rights at the Australian National University, Hilary Charlesworth, said that to have just and fair communities we must take our human rights seriously. Yet she says there has been a great silence or gap in our history regarding the protection of human rights.
With our system of government based on a mix of the British Westminster system and US Federal system, our founding fathers opted for the UK model rather than the US by omitting a Bill of Rights from our Constitution. Following the British approach, we therefore rely on our Parliaments to protect our human rights via the legislation they pass. However, in recent times the British Parliament has moved away from such a reliance, by passing of its Human Rights Act that now provides legal protection for basic human rights. With the exception of the Australian Capital Territory Government, Australia has not followed suit.
Professor Charlesworth points out that, although Australia is a signatory to a host of international treaties, these can only have legal effect in Australia if the provisions are specifically included in legislation. Yet, she says both sides of politics have been very reluctant to deliver in this regard. She argues that we put too much trust in our democratically elected legislatures to do the right thing, that our faith in Parliaments to protect our rights has been undermined time and time again. Referring to media reports at the time, that the Federal Government was intending to introduce, debate and pass its counter-terrorism legislation on Melbourne Cup Day, Professor Charlesworth described this as a very frightening example.
She said that without the stand taken by ACT Chief Minister, Jon Stanhope, to publishing the 100 page draft counter-terrorism bill on his web site, people would have had no idea what this proposed legislation entailed.
Concerns about sedition provisions undermining freedom of speech, and that individuals can be detained without charge, without trial and without knowing why is getting some air time and press coverage but nowhere near enough for an informed public discussion. This should be ringing alarm bells around the nation.
Hilary Charlesworth praises Hume City Council for adopting a Charter of Rights, which she believes is a first for Local Government in Australia.
FOCUS agrees with her call that we need to devise a system to preserve and protect human rights and that Local Government, being at the community coalface, is well placed to follow Hume City Council in demonstrating a clear commitment to protecting our rights, as well as increasing public debate about this vital issue.
In the meantime, we can only hope our Parliamentarians, most pointedly our State and Territory Governments, will take their role seriously. We are relying on them to preserve our inclusive, cohesive communities by protecting our democratic rights for all Australians.
Laws that will divide and alienate are not good laws and therefore must be resisted.
