Why does Australia have no Human Rights Act?

Over 10 million people form Amnesty International's global movement that campaigns for human rights and the ability to enjoy the Universal Declaration of Human Rights without fear of retribution. Representatives of different cultural and legal backgrounds from around the world drafted the UDHR. The United Nations General Assembly declared it the common standard of achievements for all peoples and nations in Paris on 10 December 1948. The document has since been translated into over 500 languages and has inspired over 70 treaties that are applied today. Amnesty International is dedicated to ensuring that every person enjoys all the protection of the declaration and other international human rights standards. 

United Nations 

Australia was one of the founding members of the United Nations and instrumental in drafting the UDHR declaration. Interestingly, however, Australia is the only western democracy without a national human rights act. Although various milestones have been fought and won, the struggle for equality and fundamental human rights is far from over. Activists have successfully legislated equal pay, achieved the 1967 constitutional referendum on Aboriginal rights and laws for same-sex marriage. Most Australian's agree that human rights are an elementary entitlement for everyone whilst protecting the nation's most vulnerable.

Committing to the Human Rights Act will also address continual racism, climate justice, and recovery from the global pandemic. Amnesty International polled Australia's population, and favourably 76 per cent support the introduction of the National Human Rights Act, so it begs an understanding of why it is not already in place. Implementing a National Human Rights Act will allow a clear understanding of various legislations and provide meaningful improvement of basic human rights and protection.  There is clear ongoing discrimination throughout the country that ostracises individuals and entire communities, including Indigenous people, women, the disabled, vulnerable, and LGBTQIA+ communities. 

Human rights barometer

This year, Amnesty International Australia introduced a 'human rights barometer' that shows at a glance the current attitudes to rights. The barometer results show that the majority of respondents have a strong interest in eliminating discrimination.

• 
  84 per cent freedom from discrimination 
• 83 per cent right to freedom of speech 
• 83 per cent right to equal treatment before the law
• 83 per cent freedom of religion and culture 
• 67 per cent right to seek asylum from persecution 

On one hand, more than half of the respondents believed that Indigenous people and refugees need protection. On the other hand, 63 per cent of the respondents also believe that some ethnic groups do not want to fit into the Australian way of life. The barometer shows that there is still room for much discussion around racism, multiculturalism, and discrimination. Australia must eradicate racial discrimination and ensure that all people are equal before the law and have equal protection from such discrimination. 

The International Convention on the Elimination of Racial Discrimination (ICERD), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and Amnesty International Australia (AIA) want to ensure that every person has the same opportunities perceived as a multicultural society. There are still numerous cases of racist incidents that occur with the mistreatment of refugees, Indigenous people, criminalisation of Sudanese and Muslim communities, and intolerance and abuse towards Asian communities. It is deemed necessary that the government should implement a Human Rights Act in Australia to ensure the healthy functioning of its multicultural society.

Freedom 

On 16 December 1966, The United Nations General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR). Article 19 states:

1. 
   Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

This covenant underlines "that freedom of expression and opinion are the foundation stone for a free and democratic society and a necessary condition for the promotion and protection of human rights" giving people;

• 
  freedom of opinion
• freedom of expression
• freedom of expression and the media
• the right to access information
• the importance of freedom of expression in a democratic society
• permissible limitations on freedom of information and expression
• the scope for limitations on freedom of expression in specific areas

Amnesty International provides a platform allowing safe and open dialogue about human rights abuse, thus protecting freedom of speech. Write for Rights and Protect Protest unite millions of compassionate people worldwide. Together, they tackle injustice by writing emails and letters and signing petitions to pressure governments to right wrongs and bring abusers to justice. 

Asylum seekers

Amnesty International has significant concerns about the thousands of asylum seekers desperately seeking safety, trapped in limbo in Australia on temporary visas, or in arbitrary, indefinite detention, or held offshore. Many asylum seekers have been living in an indeterminate state for eight or more years, often in dangerous conditions. Their uncertain living conditions have physically and mentally affected men, women and children. 

The lack of essential support and healthcare has led to self-harm and suicide. This unforgiveable system of abuse has cost Australian taxpayers over AUD $1.5 billion annually. Over 60 per cent of Australians do not support this level of yearly expenditure, but over 50 per cent support resettling asylum seekers in Australia if they are found to be refugees. New Zealand has offered to resettle up to 150 detainees each year. The Australian government has refused this offer since 2013. Amnesty International attributes the disregard for refugees to the lack of a human rights framework in Australian law. A human rights act would ensure access to fundamental rights, equal freedom, and dignity. 

COVID-19

The global pandemic has also presented unprecedented challenges for human rights. From the onset of COVID-19, Amnesty International Australia has stressed that human rights should represent emergency public health orders and protect vulnerable communities. Fortunately, most Australians supported the ongoing lockdown laws despite the impact they had on their human rights. 65 per cent of the respondents justified these restrictions and prevented the spread of COVID-19.

Climate change 

Climate change is affecting the world and threatens basic human rights and freedom. Amnesty International has concerns that the effects may increase divide, inequality, and discrimination. With the onset of extreme natural disasters and growing temperatures, the implications are far-reaching through communities worldwide. Australians have already seen this first hand with the unrelenting bushfires at the turn of the decade. Young generations have regularly expressed their concerns to Amnesty International about the issues that face the global community. The Australian government is bound to protect its citizens under international law. 

Indigenous racism 

In 2009, the Australian government published the Closing the Gap Annual Report designed to remove the inequality between Indigenous and non-Indigenous people. While fractional gains have been made, the government fails to address the discrimination suffered by Aboriginal and Torres Strait Islander peoples. The United Nations states and other civil society organisations repeatedly highlight the lack of improvement. Racism towards Indigenous peoples remains firmly entrenched across Australia, with many facing discrimination when seeking education, employment, adequate housing, health care, and the criminal justice system.

Gender-based abuse

Violence in Australia is a gendered issue. Women are far more likely than men to experience sexual or physical violence. A third of Australian women have experienced physical violence from the age of 15, and 20 per cent have experienced sexual violence. In 2010, the Australian government published its National Plan to Reduce Violence against Women and their Children. 40 per cent of trans women and other gender-diverse people experience sexual violence, twice the general population's rate. The Convention on the Elimination of All Forms of Discrimination, Australia, committed to taking action so women can enjoy their fundamental rights and freedoms.

On the Human Rights barometer of Australians that need protection, women appeared fifth. Women represent the primary victims and survivors of abuse which threatens their rights to life, liberty, liberation, and security and the right not to be tortured. A United Nations representative highlighted in a report that technology has facilitated violence against women and girls by violating their right to privacy. It gives perpetrators new ways to harass, monitor, and abuse them.