My Daily Advertiser OP Ed column for Tuesday 26 January 2021
Australia fails in human rights report
This year I’ll forgo my annual remarks on Australia Day being more accurately described as ‘Invasion Day’, leaving commentary instead to Australian Greens Senator Lidia Thorpe, who pointed out that “There have been at least 270 massacres of First Nations peoples in this country in numerous frontier wars. Today, black deaths in custody only serve to remind us that this period of violence and injustice has not yet finished. That’s why, for Aboriginal people, January 26 marks a day of mourning.”
This day is also a useful reminder of the need for treaties with our First Nations peoples, as well as a constitutionally recognised voice to federal parliament.
So this year I’ll examine instead the just released Australian chapter of the Human Rights Watch annual report (‘UN puts spotlight on our human rights record’, DA 21 January). As Australia has not fared well it is deserving of commentary on our national day.
The report noted that Indigenous Australians are significantly over-represented in the criminal justice system, with Aboriginal and Torres Strait Islander people comprising 29 percent of Australia’s adult prison population, but just 3 percent of the national population.
Incarceration disproportionately affects Indigenous children: they are 21 times more likely to be detained than non-Indigenous children.
This is not an issue unique to Indigenous children. Across Australia, about 600 children under the age of 14 are imprisoned each year. The recommended international minimum age of criminal responsibility is 14 years rather than our 10. But even after a major public campaign for change, state and territory leaders have left it at 10.
The report noted that 2020 marked seven years since the Australia government introduced offshore processing of asylum seekers. Approximately 290 refugees and asylum seekers remained in Papua New Guinea and Nauru at the time of writing. Most have been there since 2013. Australia has rejected offers by New Zealand to take some of the refugees.
The report tells us that a bill introduced to parliament in May would allow Australia’s domestic spy agency, the Australian Security Intelligence Organisation (ASIO), to question children as young as 14.
Limits to our freedom of expression is also an issue. Pretrial proceedings in the case of former spy “Witness K” and his lawyer Bernard Collaery continued, with both charged with breaching secrecy laws for exposing wrongdoing by the Australian government to obtain an advantage in trade negotiations with Timor-Leste.
A Deakin University report in September found that more than half of environmental scientists working for the government said they had been “prohibited from communicating scientific information.” They have been restricted from speaking out on threatened species, climate change, and logging.
Journalists have also been subject to police raids. In April 2020 the High Court ruled that a police warrant issued to raid the home of a NewsCorp journalist in 2019 was invalid because the warrant was “impossibly wide.”
We are also delinquent regarding disability rights. Research shows that between 2010 and 2020, 60 percent of people who died in prisons in Western Australia had a disability. Of that group, 58 percent died as a result of lack of support provided by the prison, suicide, or violence.
Our counterterrorism response also finds us wanting. A parliamentary committee approved a proposal that would authorize the home affairs minister alone to strip dual nationals of Australian citizenship if the minister is “satisfied their conduct demonstrates a repudiation of their allegiance to Australia and it is not in the public interest for the person to remain an Australian citizen.”
2020 marked Australia’s third and final year on the United Nations Human Rights Council. We were weak on many issues. Australia was the only Council member to vote against all resolutions seeking to address rights violations in the Occupied Palestinian Territories. We rarely called out human rights violations in Southeast Asian countries and have been undercutting international efforts to resolve abuses against ethnic Rohingya Muslims in Myanmar.
Australia exports military equipment to Saudi Arabia and the United Arab Emirates, despite grave concerns about alleged war crimes by the Saudi-led coalition in Yemen.
Definitely a fail grade.