Castan Centre for Human Rights Law Annual Report 2011

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8.5mm 8.5mm 113mm Castan Centre For Human Rights Law Annual Report 2011

About the Castan Centre About Ron Castan AM QC Since Michael Kirby AC CMG officially opened the Castan Centre Ron Castan was a passionate advocate for the recognition and for Human Rights Law in October 2000, our dedicated staff has protection of human rights and a distinguished member of the strived to create a stronger culture of human rights in Australia. We Victorian Bar. He is best remembered for his role as lead counsel on at the Castan Centre believe that human rights must be respected the landmark Mabo case, which recognised native title over land. and protected, allowing people to pursue their lives in freedom and Ron toiled on the case for over 10 years and, according to Greg with dignity. In our pursuit of a stronger human rights culture for McIntyre, a lawyer who worked with Ron on the matter, he ‘effec- Australia, we work in seven broad areas: tively under-wrote the whole claim’.

Public education, including numerous public lectures, Prior to the Mabo case, Ron was involved in many landmark roundtables, conferences and workshops featuring prominent Indigenous and Constitutional rights cases, and helped found the Australian and international human rights figures, and an increasing the Victorian Aboriginal Legal Service. His commitment to human social media presence. rights extended beyond Indigenous issues. He was a member of the Victorian Equal Opportunity Commission and President of the Policy, through submissions to parliaments, direct representations Victorian Council for Civil Liberties (now Liberty Victoria). Ron led to governments and contributions to public debates on important the campaign against the Australia Card in the 1980s and was a issues. key player in negotiations over the Wik native title legislation in the 1990s. He died in 1999. Student programs aimed at tertiary and secondary students, including internship programs, mooting and essay competitions, ‘There was a sort of a ruthlessness in Ron Castan. A ruthlessness and careers seminars. on behalf of justice.’

Indigenous programs, especially the Aurora Project’s native title Thomas Kenneally AO capacity building program.

Teaching, through the oldest human rights law masters degree in Australia, as well as a thriving undergraduate human rights program.

Research leading to the publication of monographs, textbooks, handbooks and practical guides on a variety of human rights issues.

Human rights training and consultancies aimed at educating Australian and international government officials about human rights. Ron Castan The Castan Centre is unique in that it blends the intellectual rigour of human rights law and brings human rights to life in practical ways. As a place of learning and action, I have had a long and warm association with the Centre. - Jose Ramos Horta, President of Timor Leste

The Castan Centre is a jewel in the crown of Australian law - The Hon. Michael Kirby AC CMG, former High Court judge 2011 In Review by Prof. Sarah Joseph, Castan Centre Director

Monash University seeks to improve the human condition by On the financial front, the Centre remains well-positioned, however advancing knowledge and fostering creativity. It does so through we aim to continue increasing our income from donations and research and education and a commitment to social justice, broadening our consultancy work. In 2011, the Centre received human rights and a sustainable environment. 16.5% of its revenue from Monash University, so strong external - Monash University Statement of Purpose revenue streams are vital to the Centre’s long-term health. To assist with this task, as well as community engagement and other As a university-based research Centre devoted to creating a matters, the Centre resolved to constitute an Advisory Board stronger culture of human rights, the Castan Centre has long been in 2012. We hope that the Board, which will be constituted of known for its world-renowned expertise in the field. This expertise community members from a variety of fields, will further enhance can be seen in the Monash Law Faculty’s vibrant undergraduate our operations into the future. and postgraduate teaching programs and the wealth of monographs, journal articles, handbooks and other publications In all, 2011 was another successful year for the Centre, and we look penned annually by our academics. In addition to this scholarly forward to further strengthening our policy work and consolidating work, the Castan Centre provides the opportunity for Monash Law our other core areas in 2012. academics to expand their reach beyond the academy and out into the community.

In 2011, more than ever before, we focused on expanding our policy work to ensure that we have a vibrant and sustainable public policy program aimed at informing government and the general public on important human rights issues. With this in mind, we created the Accountability Project, and welcomed our first Manager of that Project, Adam Fletcher, who had most recently worked at the Commonwealth Attorney-General’s Department. This increased focus on policy helped us to dramatically increase the Centre’s outputs, particularly in the area of submissions to parliamentary inquiries, which increased from nine in 2010 to 24 in 2011. The Centre also provided advice to the Commonwealth Government in the areas of human trafficking, Indigenous child welfare and human rights in closed environments, and commenced another project to provide advice on the use of alternative sentencing regimes in Australia. Alongside its government work, the Centre’s media work doubled and its social media platforms also experienced considerable growth, thereby increasing the reach of the Centre’s policy work.

Our public education program was once again very busy, including events featuring two UN experts, a world-renowned expert on international criminal law, three Indonesian academics specialising in issues of race and religion, and a campaigner for Western Saharans’ right of self-determination. Once again, most of our events were free and many involved us working closely with fellow organisations in the human rights field, including the Human Rights Law Centre, the Red Cross, Amnesty and GetUp!, as well as Monash University’s Global Terrorism Research Centre and its Professor Sarah School of Political and Social Inquiry. In addition, our conference Joseph with again sold out a month in advance and was a stimulating and Aicha Dahane thought-provoking day.

Our other vital area of work is student programs, which are very important and are based on giving students access to opportunities to further their interest in human rights. In 2011, a record ten Global Interns were sent to some of the world’s leading human rights organisations, with each receiving generous stipends so as to open the opportunity to as many people as possible. The Centre continued to also offer in-house internships, native title internships, a vibrant state-wide moot competition, the annual secondary schools essay competition, and a careers seminar, this year on international humanitarian law. • Dr Benjamin MacQueen, Deputy Director of the Global Castan Centre Programs Terrorism Research Centre at Monash University.

1. Public Education • Lecture – Professor William A. Schabas, Director Irish Centre Public education is one of the cornerstones of the Castan Centre’s for Human Rights and Chair in Human Rights Law, National work and we endeavour to reach the widest possible audience. To University of Ireland, Galway (a Holding Redlich Distinguished help us realise this goal, we have ensured that most of our public Visiting Fellow), ‘Victor’s Justice: Selecting the Targets of events are free-of-charge and tickets to our annual conference as International Tribunals’, 1 June 2011 cheap as possible. By the end of 2011, the Centre had hosted • Lecture – Dr Angela Ward of the Bar Council, Law Library of 130 conferences, public lectures, roundtables and careers seminars Ireland, Dublin, Ireland, ‘The Victorian Charter of Fundamental since its establishment in 2000. Rights: a case of inappropriate transplants?’, co-hosted with Human Rights Law Centre, 18 August 2011 Public Lectures Our 2011 events featured a broad range of topics and speakers, • Panel forum – ‘Religion and Society in Indonesia after the headlined by two United Nations experts and a legal advisor to a Cikeusik Murders’, co-hosted with Monash School of Political third expert. We also showcased a Western Saharan activist as and Social Inquiry, 29 August 2011. Panelists: well as local activists from Amnesty and GetUp!, editors of online • Professor Dr Dadang Kahmad, Muhammadiyah Central and print publications The Drum and Overland, four international Executive; Director of Post-Graduate Studies, Islamic academics, and eight local academics, including six from Monash State University, Bandung; former West Java chair of Inter- University. Religious Harmony Forum (FKUB) • Professor Dr Asep Saepul Muhtadi, Professor and former Event topics ranged from asylum seekers, human trafficking and dean in the Faculty of Predication (dakwah) and the situation in Libya to social media, foreign debt and international Communications, Islamic State University, Bandung; criminal law. Adviser to West Java Provincial Government on Special thanks goes to Holding Redlich, whose Distinguished social inclusion Visiting Fellow program supported the visit of Professor William • Mr Hendar Riyadi, Lecturer, State Islamic University, Schabas, and Mallesons Stephen Jaques (now King and Wood Bandung; Member of Muhammadiyah Young Intellectuals Mallesons), which again supported the Annual Lecture. Network (JIMM); Member of inter-faith harmony network The 2011 public lectures were: (JAKATARUB) • Lecture – Dr Cephas Lumina, the UN Independent Expert • Panel forum – ‘The High Court and Refugee Policy: on the Effects of Foreign Debt and other Related Financial Implications and International Comparisons’, 14 September Obligations on Human Rights ‘Preying on the Poor: “Vulture 2011. Panelists: Funds”, Foreign Debt and Human Rights in Developing Countries’, co-hosted with Human Rights Law Centre, • Professor Susan Kneebone, Professor at Monash 10 February 2011 University Law School • Ms Maria O’Sullivan, Lecturer at Monash University Law • Lecture – Vanessa Zimmerman, Legal Advisor to Professor School and Associate of the Castan Centre for Human John Ruggie the UN Secretary-General’s Special Rights Law Representative on Business and Human Rights, ‘Business • Professor James Walter, Professor Political Science in the and Human Rights at Home and Abroad: an Update on the School of Political and Social Inquiry Work of the UN Secretary-General’s Special Representative on Business and Human Rights’, 1 April 2011 • Panel forum – ‘Momcilovic v R: The High Court’s Views on the Constitutionality and Operation of the Victorian Charter’, • Panel forum – ‘Will the Revolution be Tweeted? The Role of 10 October 2011. Panelists: Social Media in Promoting and Protecting Human Rights’, co-hosted with Human Rights Law Centre, 5 April 2011. • James Stellios, Associate Professor at the ANU College of Panelists: Law • Professor Sarah Joseph, Director of the Castan Centre for • Dr Julie Debeljak, Deputy Director of the Castan Centre Human Rights Law • Castan Centre/Mallesons Stephen Jaques Annual lecture – Ms • Sam McLean, Communications and Campaigns Director, Joy Ezeilo, United Nations Special Rapporteur on trafficking in GetUp! persons, especially in women and children, ‘Are States • Jonathan Green, Editor of the Drum, ABC meeting their responsibilities to trafficked persons?’, • Alex Pagliaro, Refugee Campaign Coordinator, Amnesty 28 November 2011 International Australia • Panel forum – ‘Perspectives on the International Intervention in Libya’, 20 April 2011. Panelists: • Professor Donald R Rothwell, Professor of International Law at the ANU College of Law • Associate Professor Gideon Boas, Associate Professor at Monash University Law School • Jeff Sparrow, Writer and Research Fellow at Victoria University

• Lecture – Aicha Dahane, International Officer of the Forum for the Future for Saharawi Women (Western Sahara) ‘Western Sahara: Living Dangerously Under Moroccan Occupation’, Dr Lumina explains the impact of Professor Schabas discusses 10 May 2011. Commentator: vulture funds on human rights victor’s justice Conference Our annual conference remains the only annual human rights conference in Australia, and is a vital fixture on the Australian human rights calendar. Again in 2011, the conference sold out more than a month in advance and feedback from the 220 attendees was overwhelmingly positive.

Speakers at the conference, which was held at the Spring Street Conference Centre, were:

• Mr Michael Thurston, The United States Consul General in Melbourne, ‘Corporate Social Responsibility and the Right to Connect (to websites, to the internet and to each other)’ Dr Charlie Corke talks • Dr Megan Davis, Director of the Indigenous Law Centre at about Euthanasia. the University of New South Wales and member of the United Nations Permanent Forum on Indigenous Issues, ‘Recognising Aboriginal and Torres Strait Islander People in the Constitution’

• Mr Rex Wild QC, Barrister and co-author of the Little Children are Sacred report into child abuse in the Northern Territory, ‘Intervention, Interference or Invasion? Dealing with Indigenous rights in the Northern Territory, 2007-2011’

• Professor Tim McCormack, Professor of Law at the Melbourne Law School and the Special Adviser on International Humanitarian Law to the prosecutor of the International Criminal Court in The Hague, ‘The International Criminal Court and the Importance of Effective Multilateral Enforcement of International Humanitarian Law’

• Brigadier Lyn McDade, Director of Military Prosecutions for the US Consul Michael Australian Defence Force, ‘Military justice and human rights’ Thurston takes a • Professor Samina Yasmeen, Director of the Centre for Muslim question from the States and Societies at the University of Western Australia, crowd ‘Islamophobia and Multicultural Australia’

• Dr Alex Wodak AM, President of Australian Drug Law Reform Foundation and Director of the Alcohol and Drug Service at St Vincent’s Hospital in Sydney, ‘A Human Rights Approach to Drugs’

• Dr Charlie Corke, Senior Specialist in the Intensive Care Unit at Geelong Hospital, author of the book Saving Lives and subject of the recent documentary In the End, ‘Avoiding dysthanasia - not striving for euthanasia’

Special thanks goes to the Conference sponsors – Corrs Chambers Westgarth (Major Sponsor), Holding Redlich (Conference Bag Sponsor), List G Barristers (Lunch Sponsor), Victoria Legal Aid, Victorian Equal Opportunity and Human Rights Commission (Sponsors) and the Alan Missen Foundation, Castan Centre Deputy Australian Lawyers Alliance, Futureye, Law Institute of Victoria, Director Paula Gerber and Minter Ellison Lawyers (Supporters). with Brigadier McDade 2. Student Programs • Hester Kelly: Human Rights Advocacy Centre, Accra Ghana

As a university-based human rights centre, nurturing students’ • Alexandra Lachal: United Nations Special Rapporteur on the passion for human rights is a vital part of what we do. The Centre Right to Health, Mumbai India was founded by academics who have devoted their careers • Vanessa Lamborn: Oxfam, South Africa to teaching human rights law, and from the outset the Centre has sought to increase engagement with students beyond the • Yardena Lankri: Israel Democracy Institute, Jerusalem Israel classroom. • Anne Poulos: International Commission of Jurists, Global Internship Program Geneva Switzerland The 2011 Global Internship Program saw ten high-achieving Monash Law students selected to intern at nine organisations • Alyse Richmond: United Nations Global Compact, spread across North America, Africa, Asia, the Middle East and New York City Europe. • Melody Stanford: Africa and Middle East Refugee Assistance, Interns receive a stipend to cover living costs, insurance and Cairo Egypt airfares which offset the vast majority of interns’ costs, thereby making the program available to a wide set of students. Interns • Sarah-Mae Thomas: International Women’s Rights Action also take part in a cross-cultural training course prior to departure Watch - Asia Pacific, Kuala Lumpur and Geneva and then blog about their experiences while on assignment (see the We acknowledge the support of the 2011 Global Internship social media report in the policy section, below). supporters: Daniel and Danielle Besen, the Law Faculty’s Student The 2011 Global Interns were: Mobility Fund, the Office of the Deputy Vice Chancellor (Education), the Nordia Foundation, the Dara Foundation, the Finkel Foundation • Sayomi Ariyawansa: Human Rights First, New York City and Silvia and Michael Kantor. Special thanks goes to Maria Dimopoulos of MyriaD Consulting, who conducted the pre- • Cara Bredebusch: Oxfam, South Africa departure cross-cultural training.

(L-R) Sandra Murray, Nabila Buhary, Divya Roy, Amanda Thompson, Elisabeth Howard, Jeremy Shelley, Giselle Diego, Manav Satija, Alison Cole, Kylie Pearce, Tessa Daws In-house Internship Program Native Title Internships The Centre strives to give as many students as possible an As part of its collaboration with the Aurora Project, the Castan experience of working in human rights policy and research through Centre supports the Aurora Native Title Internships, which our In-House Internship Program. In 2011, interns from Monash send university students from all over Australia to native title University mixed with interns who travelled to us from Queensland representative bodies, Indigenous policy bodies and other and the United States. Some of the many projects they worked on organisations focusing on Indigenous rights. included research for submissions to Parliamentary committees, The 2011 interns from Monash University were Claire Deane, Helen drafting articles for the bi-annual newsletter, preparing headnotes Schneider, Shireen Morris and David Taft (Summer 2010/11 intake) for the Oxford Reports in International Law project, reviewing entries and Emillie Boulot, Yardena Lankri, James Oczko, Melissa Ramov, to the Writing for Human Rights Essay Competition and assisting at Tal Shmerling and Jessamy Vialle (Winter 2011 intake). Centre events. Our 2011 In-House Interns were: Human Rights Moot Competition Ten teams from Victorian universities competed in the 5th annual • Summer interns: January – Lisa Harrison Victorian Charter of Human Rights and Responsibilities Mooting Competition. The preliminary rounds were held at the Melbourne • Semester 1 (1 day per week for 12 weeks): Laura John offices of Clayton Utz. Both the winners and runner up of the and Cara Bredebush competition were from the University of Melbourne. The final was • Semester 1 (3 days): Florence Dosshe held at the Victorian Court of Appeal before her honour, Justice Neave AO of the Court of Appeal, Judge Felicity Hampel SC of the • Winter externship: (full time between May and August) - County Court and Professor Spencer Zifcak, Allan Myers Chair of Brandon Wright Law at Australian Catholic University.

• Winter internship: Kelly Hester and Deborah Lemish We acknowledge our moot sponsor, Clayton Utz, which has generously supported the competition since its inception in 2007. • Semester 2 (2011): Rachana Rajan and Angie Glikson

• Summer internship (November – December): Kehela Vandenberg and Rachel Loftus

• International intern (full-time December 2011 – February 2012) Kathy Tu

Dr Paula Gerber, the Honourable Judge Felicity Hampel, her Honour Justice Marcia Neave and Professor Zifcak Human Rights Careers Series The passion of many Monash Law students for an alternative career in law can best be seen at our annual human rights careers events. In 2011, the Centre co-hosted a careers seminar with Friends of International Humanitarian Law (of the Red Cross), which focused on internships in the field of international criminal law. The seminar Heidi Edwards answers featured students who undertook internships at international a question from the criminal tribunals and studied at international universities. audience Presentations included their personal stories plus advice and tips for those in the audience.

Human Rights Essay Competition We believe in nurturing students’ interest in human rights even before they get to University. For this reason, the Centre runs an annual essay writing competition. The 2011 Writing for Human Rights Essay Competition was open to Victorian school students in years 10-12, and the topic was ‘Social media is free speech gone mad’. Each year, the Centre endeavours to choose an First prize winner Daniel engaging and topical issue, and the 2011 topic obviously fulfilled Lopez receives his prize this criteria: 79 essays were received. The prizes for the 2011 Essay from Director Professor Competition were donated by the Office of Deputy Vice Chancellor Sarah Joseph (Education) at Monash University. The winners were:

• First prize: Daniel Lopez, Emmanuel College

• Second prize: Cynthia Huang, MacRobertson Girl’s High School

• Third prize: Karan Dhamija, Melbourne High School

3. Policy • S. Joseph, Submission to the Office of the High Commissioner for Human Rights on the Human Rights Committee’s Draft One major focus of the Centre is to utilise research to inform public General Comment 34 on Freedom of Expression, policy debates on vital human rights issues. With the advent of January 2011 the Accountability Project in 2011, the Centre began a planned expansion of its policy work, which aims to “unlock” the Centre’s • S. Joseph, Submission to the Attorney-General’s Department World-class human rights expertise to influence public debate on Australia’s response to the recommendations received in its and government policy. In 2011, Centre staff provided impartial Universal Periodic Review, March 2011 and independent views on important human rights issues to government, spoke regularly in the media on topical matters and • S. Joseph, Submission to the Commonwealth Parliament on greatly increased the Centre’s social media presence. the Australian Capital Territory (Self Government) Amendment Bill, March 2011 Submissions to Parliamentary Committees One of the most important ways in which the Centre informs • S. Joseph (with A. Dastyari), Submission to Commonwealth policy debate is through its engagement with federal, state and Parliament on the Amendments to the Character Test, territory parliamentary committees. The Centre has a long history May 2011 of influencing parliamentary debate and securing amendments • S. Joseph (with E. Contini and M. Smith), Submission to the to legislation and policy through its submissions. The Centre’s SARC Committee on the Review of the Victorian Charter of submission increased from eight in 2010 to 22 in 2011. Rights and Responsibilities 2006 (Vic), June 2011 The Centre’s submissions in 2011 were: • S. Joseph, Submission to the Independent Media Inquiry, • Castan Centre Submission to the Attorney General’s November 2011 Department on a new National Human Rights Action Plan for Australia, February 2011 (M. Smith, E. Contini and P. Gerber) • S. Joseph (with M. Smith and E. Contini), Submission to the Scrutiny of Acts and Regulations Committee of the Victorian • M. Castan, Submission to the Panel on Indigenous Parliament regarding the Inquiry into the Charter of Human Constitutional Recognition, September 2011 Rights and Responsibilities Act 2006, 1 July 2011 • J. Debeljak, Submission, entitled ‘Inquiry into the Charter of • S. Kneebone (with M. O’Sullivan and T. Penovic), Submission Human Rights and Responsibilities,’ to the Scrutiny of Acts to inquiry into the agreement between Australia and Malaysia and Regulations Committee of the Victorian Parliament for on the transfer of asylum seekers to Malaysia, 15 September the Four-Year Review of the Charter of Human Rights and 2011 Responsibilities Act 2006 (Vic), 10 June 2011, 1-30 • T. Penovic, Submission to House of Representatives Standing • P. Emerton, Submission to the Senate Legal Constitutional Committee on Social Policy and Legal Affairs into the Affairs Committee regarding the Inquiry into the Intelligence Regulation of Billboard and Outdoor Advertising, Services Legislation Amendment Bill 2011, May 2011 February 2011 • P. Emerton, Submission to the Senate Legal and Constitutional • T. Penovic, Submission to Senate Legal and Constitutional Affairs Committee regarding the Inquiry into the Inspector- Affairs Legislation Committee into the Migration Amendment General of Intelligence and Security Amendment Bill 2011, (Detention Reform and Procedural Fairness) Bill 2010, June 2011 June 2011 • P. Emerton, Supplementary Submission to the Senate Legal • T. Penovic, Submission to the Joint Select Committee on Constitutional Affairs Committee regarding the Inquiry into the Australia’s Immigration Detention Network, 12 August 2011 Intelligence Services Legislation Amendment Bill 2011, June 2011 Media • A. Fletcher (with S. Joseph and J. Debeljak), Submission to By engaging with the media, the Centre reaches a wider audience the ACT Government Department of Justice and Community and can influence and inform public debate on human rights issues. Safety Consultation, Economic, Social and Cultural Rights – A A goal of the new Accountability Project is to increase engagement Good Idea for Inclusion in the ACT Human Rights Act 2004?, with the public through the media. The result has been pleasing, as July – August 2011 media engagement increased from 18 mentions in 2010 to 42 in 2011. Media engagement in 2011 included: • A. Fletcher, Submission to the National Human Rights Action Plan on the Government’s Draft Baseline Study, (with S. • G. Boas, ‘Intervention in Libya raises broader questions’, Joseph), August 2011 opinion piece, Monash News and Events, 21 March 2011.

• A. Fletcher, Submission on Commonwealth Government’s • G. Boas, ‘Price to pay for action against Gaddafi’, opinion Issues Paper: A Statutory Cause of Action for Serious Invasion piece, The Age, 11 March 2011 of Privacy, October 2011 • G. Boas, ‘Killing the killers makes a mockery of international • P. Gerber, Shadow Report to the UN Committee on the Rights justice’, opinion piece, Sydney Morning Herald, the Child Regarding Australia’s compliance with Article 7 of the 26 November 2011. Convention on the Rights of the Child, 22 June 2011 • G. Boas, ‘War crimes in Australia’s too hard basket’, opinion • S. Joseph (with A. McBeth), Submission to the Office of the piece, The Drum ABC, 27 November 2011. High Commissioner for Human Rights on The Draft Guiding Principles on Business and Human Rights, January 2011 • M. Castan, ‘It’s time to recognise Indigenous Australia’, The Conversation, 12 December 2011 • M. Castan, Interview on ABC 7pm news on Aboriginal • M. O’Sullivan, Radio Interview on High Court appeal against Community in Lake Tyres return of democracy, 18 March 2011 the Australian ‘Malaysian Solution’, Law Matters program, 2UE Sydney, 19 June 2011 • A. Fletcher, ‘Undermining the migration act’, opinion piece The Drum, 13 October 2011 • M. O’Sullivan, ‘High Court ruling: the end for the Malaysian Solution’, The Conversation, 8 August 2011 • P. Gerber, ‘Denying gay marriage will only hurt the children’ Opinion piece, The Age, page 15, 7 September 2011 • M. O’Sullivan, Radio interview, High Court challenge to Malaysian Solution, Canberra 2CC, 9 August 2011 • P. Gerber, and A. Sifris, Invited Op-ed ‘Time to Amend the Marriage Act’ (2011) 85(7) Law Institute Journal 35. • M. O’Sullivan, Radio Interview, High court challenge to Malaysian solution and refugee children, ABC Radio Australia • S. Gray, Radio Interview on Radio 8HA Territory Today (Pacific/International), 10 August 2011M. O’Sullivan, ‘Malaysia (Adrian Renzi) on ‘The Protectors’, 5 May 2011 policy must heed past’, Opinion piece, The Age, 17 August 2011 • S. Gray, Radio Interview with Radio Tasmania (John Fabris) on ‘the Protectors’, 10 May 2011 • M. O’Sullivan, Radio Interview, Ministerial Guardianship duty and the Malaysian solution, ABC Radio Australia, • S. Gray, Interview with Radio Australia on ‘the Protectors’, 23 August 2011 12 May 2011 • M. O’Sullivan, ‘Malaysia Solution: High Court ruling • S. Gray, Interview with Annie Gastin, ABC Territory Radio, on explained’, The Conversation, 31 August 2011, see: http:// ‘The Protectors’, 18 May 2011 theconversation.edu.au/malaysia-solution-high-court-ruling- • S. Gray, interview with Rafael Epstein and Leslie Cannold, explained-3154 ABC Radio Victoria (Jon Faine’s Conversation Hour) on ‘The • M. O’Sullivan, ‘The rule of law prevails’, The Age, Protectors’. 11 July 2011 1 September 2011 • S. Gray, ‘Snapping the Age-Old Silence’, review of Sarah • M. O’Sullivan, Radio Interviews on the High Court decision Maddison, ‘Beyond White Guilt’, Weekend Australian Review, M70 on the Malaysian solution: July 29, 2011. • ABC 774 Melbourne, The Breakfast Show, • S. Gray, interview with CAAMA radio on ‘The Protectors’. 9 1 September 2011 August 2011 • ABC 702 Sydney, The Breakfast Show, • S. Joseph, The Wire, interview on Proceeds of Crimes Act 1 September 2011 2002 in the wake of its use against David Hicks, 21 June 2011 • ABC NewsRadio, Drive with Sandy Aloisi, • S. Joseph, ‘If no news is good news what do we make of 2 September 2011 2011?’, opinion piece, The Punch, 3 September 2011 • 3CR 855 AM Community Radio, 6 September 2011 • S. Joseph, Interview on social media and human rights, Radio Adelaide, 21 September 2011 • ABC Radio Australia, 19 October 2011

• S. Joseph, “#Occupy movement: different aims, but united by • M. O’Sullivan, ‘Onshore processing: what it means for asylum the importance of civil protest”, The Conversation, 27 October seekers’, The Conversation, 21 September 2011

• S. Joseph, Radio 3CR, interview on Occupy Melbourne, • T. Penovic, Participant in panel discussion on ABC News 28 October 24’s Afternoon Live program on Report of the House of Representatives Standing Committee on Social Policy and • S. Joseph, Radio Australia, interview on the Occupy Legal Affairs into the Regulation of Billboard and Outdoor movement, 3 November Advertising, 26 July 2011 • S. Joseph, “Tintin, Human Rights and Politics”, The • A. Sifris, Interviews regarding ‘AA v BB birth certificate case’ Conversation, 26 December 2011 on Sarah Gerathy ABC PM Program, Natasha Wallace Sydney • J Kyriakakis, ‘Why Australian Firms Should be Made Morning Herald, Carl Herr ABC News Sydney and David Accountable for Overseas Crimes’, The Conversation, Cooper 702 Sydney, 17 August 2011 15 April 2011

• J. Kyriakakis, ‘Securency Charges Will Finally Test Our Unused Bribery Laws’, The Conversation, 7 July

• J Kyriakakis, ‘Why Australian Firms Should be Made Accountable for Overseas Crimes’, The Conversation, 15 April 2011

• B. Naylor, ‘Comment on Defensive Homicide’ Radio National PM, 4 March 2011 Social Media • A. Fletcher, ‘The Right to Privacy in Australia’, As increasing numbers of people have turned to social media for 12 September 2011 news and views on myriad issues, the Centre has increasingly used • A. Fletcher, ‘The Migration Legislation Amendment (Offshore social media tools to engage with the general public on human Processing and Other Measures) Bill 2011, rights. The Centre is committed to using some of the most popular 29 September 2011 platforms to further its goal of increasing public education in the area of human rights. For this reason, the Centre currently operates • A. Fletcher, ‘Do we need better privacy protection in the following: Australia?’, 31 October 2011

• A Twitter page (twitter.com/castancentre), which is a trusted • A. Fletcher, ‘Retrospective People Smuggling Bill: a Breach of source of the latest news and opinion on human rights issues. our Constitution?’, 9 November 2011 The Centre tweets an average of 29 links to human rights news, views and reports each day. • A. Fletcher, ‘Can the Australian Government Return Unsuccessful Asylum-seekers to Afghanistan?’, • A Facebook page (facebook.com/thecastancentre), which 15 November 2011 predominantly publicises the Centre’s latest goings-on, including upcoming events, blog posts and media stories, • A. Fletcher, ‘Rolling the Federal Anti-Discrimination Acts into policy papers and parliamentary submissions. One ‘Great Big New Law’’, 5 December 2011

• A YouTube channel, which hosts videos of many of our public • P. Gerber, ‘Denying gay marriage only hurts the children’, events, plus shorter interviews conducted with human rights Castan Centre for Human Rights Law Blog, 7 September 2011 experts. • S. Joseph, ‘The Giffords shooting: a view from the Antipodes’, • Two blog sites: the main site (castancentre.com) carries 11 January 2011, (reprinted in Online Opinion on 14 January at opinion pieces by Centre academics on various issues while its editor’s request) the secondary site (castanglobalinterns.wordpress.com) carries reports posted by the Centre’s Global Interns when they are • S. Joseph, ‘Tweeting human rights and two Revolutions (so overseas on assignment. far)’, 12 February 2011

We believe that social media is a vital tool for creating a stronger • S. Joseph, ‘Chris Mitchell should put up rather than shut up’, human rights culture by engaging with our existing supporters and 3 March 2011 reaching new audiences. Our plan is to strongly expand our social media presence in the coming years. • S. Joseph, ‘Humanitarian Intervention in Libya’, 18 March 2011, (reprinted in Online Opinion on 23 March at its editor’s Relevant year-end statistics for social media (with 2010 figures in request) brackets) were: • S. Joseph, ‘The dilemma of humanitarian intervention’, • 2315followers on Twitter (715). E-International Relations, guest blog, 27 March 2011

• 988 followers on Facebook (612). • S. Joseph, ‘The killing of Osama bin Laden: his right to life and the new torture debate’, 5 May 2011 • 17,003 hits on its main blog site for the year (3297). • S. Joseph, ‘Mr Rudd is wrong on arbitrary detention’, • 4378 hits on its Global Interns blog site for the year (1862). 26 May 2011

The Centre did not have statistics for its YouTube page (youtube. • S. Joseph, ‘The SARC review of the Victorian Charter of com/castancentre) by the end of 2011. Rights and Responsibilities – profoundly disappointing’ (with J. Debeljak and A. Fletcher), 15 September 2011 Centre staff produced the following posts for the main blog site in 2011: • S. Joseph, ‘SARC wants to keep Victorian Charter – so long as it’s not a Charter anymore’, 19 September 2011 • Castan Centre, ‘The Human Rights (Parliamentary Scrutiny) legislation: an important but “second best” development, • S. Joseph, ‘Troy Davis, the death penalty, and international 29 November 2011 human rights law’, 28 September 2011

• M. Castan, ‘It’s time to recognise Indigenous Australia’, • S. Joseph, ‘Andrew Bolt, Free Speech and Racial Intolerance’, 9 December 2011 29 September 2011

• E. Contini, ‘Debunking a scare campaign: an exchange • S. Joseph, ‘The “Occupy” movement and the importance of between a US Senator and his US constituent over the Gitmo civil protest’, 26 October 2011 trials’, 20 January 2011 • S. Joseph, ‘Plain packaging legislation and international • A. Fletcher, ‘Trial by media takes on a whole new meaning in investor rights: a challenge to Australia’s regulatory sovereignty, Victoria’, 4 August 2011 28 November 2011

• A. Fletcher, ‘Injunction against the Government’s Malaysian • S. Joseph, ‘Time’s person of the year: The Protestor’, 15 ‘Arrangement’’, 9 August 2011 December 2011

• A. Fletcher, ‘Malaysian Arrangement Dead in the Water – Time • S. Joseph, ‘A silly season blog: Tintin and Human Rights’, to End of Offshore Processing’, 2 September 2011 26 December 2011 • M. Smith, ‘Swaziland, where it’s good to be the king’, Book Chapters 29 April 2011 • G. Boas, ‘Joinder and the Death of Milošević’, in Timothy William Waters, The Milošević Trial – An Autopsy (Oxford • M. Smith, ‘Vaccinating kids, spying on Bin Laden: just another University Press, 2011), 13 pages misuse of humanitarian aid’, 21 July 2011 • G. Boas, ‘Omission Liability in International Criminal Law – A • T. Penovic, ‘Sky should now withdraw its Australia Network Case for Reform’, in Shane Darcy and Joseph Powderly, tender’, 18 July 2011 (reprinted in Online Opinion at its editor’s Judicial Creativity at the International Criminal Tribunals (Oxford request) University Press, 2011), 204-226

• G. Boas, ‘Command Responsibility for the Failure to Stop Atrocities: The Legacy of the Tokyo Tribunal’ in Yuki Tanaka, Timothy LH McCormack and Gerry Simpson (eds), Beyond Victors’ Justice? The Tokyo War Crimes Trial Revisited (Martinus Nijhoff, in press 2011), 163-173

• J. Debeljak, ‘Combating Transnational Crime in the Greater Mekong Subregion – the cases of Laos and Cambodia’ in Les Holmes (ed), Trafficking and Human Rights: European and Asia-Pacific Perspectives (Edward Elgar, Cheltenham, UK, 2010) 133-52 (with Susan Kneebone).

• P. Gerber and A. Sifris, ‘It Makes No Sense: Adoption by Same-sex Couples in Australia’ in Marsh, Victor (ed) Speak Now: Australian Perspectives on Same-sex Marriage (2011) Clouds of Magellan Press, Melbourne

• S. Gray, ‘The Albino and the Story-teller: Eugenics and the Best of Intentions in 1930s Darwin’, in Russell West-Pavlov and Jennifer Wawrzinek (eds), ‘Frontier Skirmishes: Literary and Cultural Debates in Australia after 1992’, Universitatsverlag Heidelberg, 2010, pp. 295-311. 4. Research • Maria O’Sullivan (with Susan Kneebone), ‘Commentary on Art Much of the work produced by the Castan Centre is underpinned 1C of the Refugee Convention’ for A Zimmerman ed, The 1951 by its outstanding research capabilities. The Centre’s Director, five Convention Relating to the Status of Refugees and its 1967 Deputy Directors and seven Associates produce research leading Protocol (OUP 2011) pp. 481-535 to books, journal articles, conference papers, submissions to parliamentary inquiries, policy papers and opinion pieces. • R. Sifris, ‘An International Human Rights Perspective on Detention Without Charge or Trial: Article 9 of the International Publications by Centre staff in 2011 were: Covenant on Civil and Political Rights’ in Bernadette McSherry and Patrick Keyzer, Dangerous People: Policy, Prediction, and Books and Edited Collections Practice (Routledge, 2011) • G. Boas, J. Bischoff, N. L. Reid and B. Don Taylor III, International Criminal Procedure (Cambridge University Press, Journal Articles 2011) • G. Boas, ‘Comment’ in response to Christian De Vos, ‘Someone who comes between one person and another: • S. Joseph, Blame it on the WTO: A Human Rights Critique Lubanga, local co-operation and the right to a fair trial’, in (OUP, Oxford, 2011) Melbourne Journal of International Law, Online Symposium, 2011. • S. Gray, The Protectors, a journey through whitefella past (Allen & Unwin, 2011) • M. Castan, Constitutional Deficiencies in the Protection of Indigenous Rights: Reforming the ‘Races Power’ Indigenous • S. Gray, Book, Brass Disks, Dog Tags and Finger Scanners: Law Bulletin, September 2011 The Apology and Aboriginal Protection in the Northern Territory 1863-1972, (Charles Darwin University Press, 2011). • M. Castan, Book Review “Stephen Gray: The Protectors; a journay through whitefella past”, (2011) 36(2) AltLJ 140 • A. McBeth, J Nolan & S Rice, The International Law of Human Rights 2011 (OUP, Melbourne) • M. Castan, P. Gerber, A. Gargett, ‘Indigenous Australians’ Access to Birth Registration Systems: A Breach of International

Joseph Human Rights Law?’ (2011) 17(1) Australian Journal of Human ALSO PUBLISHED BY OXFORD The World Trade Organization (WTO) is UNIVERSITY PRESS 4 often accused of, at best, not paying enough attention to human rights or, at worst, Human Rights and International Trade facilitating and perpetuating human rights Rights 55-89 Edited by Thomas Cottier, Joost Pauwelyn, abuses. This book weighs these criticisms and and Elisabeth Bürgi examines their validity, incorporating legal arguments as well as some economic and Human Rights and the WTO political science perspectives. The Case of Patents and Access to Blame it on the WTO? Medicines After introducing the respective WTO and Holger Hestermeyer human rights regimes, and discussing their A Human Rights Critique legal and normative relationship to each Trade and the Environment other, the book presents a detailed analysis Blame it on the WTO? • J. Debeljak and M. Castan, ‘Indigenous Peoples’ Human Fundamental Issues in International Law, of the main human rights concerns relating WTO Law, and Legal Theory to the WTO. These include the alleged Erich Vranes democratic deficit within the Organization and the impact of WTO rules on the right to Human Rights in International Investment health, labour rights, the right to food, and on Rights and the Victorian Charter: a Framework for Reorienting Law and Arbitration questions of poverty and development. Edited by Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni Given that some of the most important issues in the WTO concern its impact on Regulating Health and Environmental poor people in developing states, the book Recordkeeping and Archival Practice’ (2011) Archival Science Risks under WTO Law asks whether rich states have an obligation A Critical Analysis of the SPS Agreement to the people of poorer states to construct a Lukasz Gruszczynski fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines 213-234 the current Doha round proposals, as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.

Sarah Joseph is Professor of Law and Director of the Castan Centre for Human Rights Law at Monash University in Melbourne.

Cover Image: AP/Press Association Images 2 ISBN 978-0-19-956589-4 1 Sarah Joseph 9 780199 565894 • J. Debeljak, ‘Who Is Sovereign Now? The Momcilovic Court • J. Debeljak, ARC Linkage Grant, entitled Applying Human Hands Back Power Over Human Rights That Parliament Rights Legislation In Closed Environments: A Strategic Intended It To Have’ (2011) 22(1) Public Law Review 15-51 Framework For Managing Compliance, with fellow Chief Investigators Dr Bronwyn Naylor, Prof Arie Freiberg, Dr • P. Emerton, “Judges and non-judicial functions in Australia” Inez Dussuyer, and Dr Stuart Thomas and six collaborating in H P Lee (ed), Judiciaries in Comparative Perspective organisations: Commonwealth Ombudsman, Ombudsman (Cambridge University Press) (with HP Lee) Victoria, Victorian Equal Opportunity and Human Rights Commission, Office of the Public Advocate, Office of the • P. Gerber and B. Chen, ‘The UN and the Human Right to Inspector of Custodial Services (WA), Office of Police Integrity, Water: Has the Tide Turned?’ (2011) 36(1) Alternative Law $587,803, consisting of $323,803 cash ($188,803 cash Journal 21-26 from the ARC and $135,000 cash from the Collaborating • P. Gerber, and A. Sifris, Invited Op-ed ‘Time to Amend the Organisations) and $264,000 in-kind, which runs from 2008 to Marriage Act’ (2011) 85(7) Law Institute Journal 35 2012

• P. Gerber with A. Sifris ‘Same-Sex Marriage in Australia: A • P. Emerton, (with J. Goldsworthy and D. Smith), A Principled Battleground for Equality’ (2011) 25 Australian Journal of Theory of Legal Interpretation’, ARC Discovery Grant, Family Law 96-120 $216,000, 2010-2012

• P. Gerber, ‘The United Nations Declaration on Human Rights • S. Gray, Publication subsidy grant of $2,000 received from Education and Training: Are its strengths greater than its Monash Law Faculty Research Grants Committee for weaknesses?’ (2011) 36(4) Alternative Law Journal publication of ‘Brass Disks, Dog Tags and Finger Scanners’ (Charles Darwin University Press, 2011). • S. Gray, ‘Ferdinand von Schirach, Crime’, in (2011) 36:1 Alternative Law Journal 72 • S. Kneebone, ARC Linkage Grant, entitled Law, Governance and Regulation of the Intra-regional Labour Migration in • S. Gray, ‘”Far too little Flogging”: Chinese and the Criminal South East Asia: An Agenda for Protection and Development Justice System in the Northern Territory’, (2011) 22 Journal of ($170,000), which runs from 2009-2011 Northern Territory History 1-34 • S. Kneebone, “Law, Governance and Regulation of the Intra- • S. Joseph, ‘Andrew Bolt, Free Speech and Racial Intolerance’, regional Labour Migration in South East Asia: An Agenda for (2011) 36: 4 Alternative Law Journal, 225-229 Protection and Development”, ARC Linkage Grant ($170,000), 2009-ongoing • T. Penovic, Book Review: Human Rights and the Unborn Child, Rita Joseph, (Martinus Nijhoff, 2009), Human Rights Quarterly • S. Kneebone, “Delivering Effective Protection to Victims and 33 (2011) 229-242 Prevention of Human Trafficking in the Greater Mekong Sub- Region”, ARC Linkage Grant, ($150,000), 2009-ongoing Grants Awarded • G. Boas, Monash Research Accelerator Programme Grant • S. Kneebone, ARC Linkage Grant, entitled Delivering Effective entitled ‘Dealing with war criminals within Australia’, ($110,000) Protection to Victims and Prevention of Human Trafficking in 2011-2012 the Greater Mekong Sub-Region ($150,000) which runs from 2009-2012 • J. Debeljak, Law Faculty Publication Subsidy Scheme in 2011($1,120.20), to assist with the publication of Susan Research Consultancies Kneebone and Julie Debeljak, Transnational Crime and Human • S. Joseph, Oxford University Press, Oxford Reports in Rights: Responses to Human Trafficking in the Greater Mekong International Subregion (Routledge, 2012, forthcoming). • J. Debeljak and M. Castan, Draft and submit three law reform • P. Emerton, recipient of Monash Research Accelerator proposals in the areas of Indigenous child welfare, closed Programme Grant for project titled ‘Understanding collective environments and human trafficking for the Attorney-General’s political agency: a non-liberal account of national self- Grants to Australian Organisations Program ($13,324) determination’ ($90,000), 2011-2012 • S. Joseph, Oxford University Press, Oxford Reports in • P. Gerber, Recipient of Monash Research Accelerator International Law, headnotes and commentary for all decisions Programme Grant, ($110,000), 2011-2012 of UN Human Rights treaty monitoring bodies, $100,000+, ongoing Ongoing Grants • G. Boas, co-Chief Investigator in an ARC Linkage Grant: • S.Joseph and A. Fletcher, Research into rates of imprisonment, ‘Australia’s Post World War II War Crimes Trials: A Systemic focusing on vulnerable groups including Indigenous and Comprehensive Law Reports Series’, ($220,593) which Australians, youth and those with a cognitive disability, and runs from 2008-2011 current analysis of utilisation of alternative sentencing options, Attorney-General’s Grants to Australian Organisations Program • G. Boas, ‘International Criminal Justice: Law, Policy and its $26,507.50 (2011-) Relevance to Australia’s security’ ($176,000), ARC Discovery Grant, 2010-ongoing Conference Papers and Public Talks • M. Castan and D. Yarrow, Is Australia a mixed legal system? • G. Boas, Sole Chief Investigator on ARC Discovery Project The clash of interpretive positivism and Indigenous tradition in Grant: ‘International Criminal Justice: Law, Policy and its Australian property law”, Third International Congress of World Relevance to Australia’s security’ ($176,000), 2010-2012 Society of Mixed Jurisdiction Jurists, 22 June 2011 • J. Debeljak, “Momcilovic v R: The High Court’s Views on 6. Teaching and Supervision the Constitutionality and Operation of the Victorian Charter”, Monash University operates the longest-running Masters course Castan Centre for Human Rights Law Public Lecture Series, in Australia devoted to human rights law, in addition to its rich Melbourne, 10 October 2011 offerings in the area at the undergraduate level. Since the • S. Gray, “Northern Territory Intervention”, Progressive Law establishment of the Castan Centre in 2000, student interest Network first annual conference, Monash University Law in human rights has markedly increased. At the same time, the Chambers. 19 March 2011 number of human rights academics employed in the Monash Law Faculty has continued to grow, allowing the Faculty to increase the • S. Gray, Author talks on The Protectors at The Paperchain range of units on offer. bookshop, Manuka, Canberra (5 July 2011); at Gleebooks, Glebe, Sydney (6 July 2011). In 2011 the following units were offered.

• S. Gray, Northern Territory Anti-Discrimination Commission and Postgraduate Units Northern Territory Committee for Human Rights Education, • Comparative Bills of Rights, A. Ward ‘The Apology and Good Intentions: what was White Australia really apologising for?’, Charles Darwin University, • Forced Migration and Human Rights, S. Kneebone 8 August 2011 • Genocide in international law, W. Schabas • S. Gray, Northern Territory Library, ‘Why have a debate about • Health Law and Human Rights, I. Freckleton the past?’, 11 August 2011 • International covenant on civil and political rights, S. Joseph • S. Joseph, ‘Tweeting the revolution: social media and human rights’, Castan Centre/Human Rights Law Review Seminar, • International Criminal Justice, G. Boas Monash University Law Chambers, 5 April 2011 • International human rights law and development, R. Atuguba • S. Joseph and G. Boas, Forum on the killing of Osama Bin Laden, Monash Alumni Series, BMW Edge, Federation Square, • International Humanitarian Law, G. Boas Melbourne, 20 June 2011 • International Human Rights Law and Women, K. Eastman • S. Joseph, ‘Keeping your privates’ private: Social media, workplace surveillance and you’, LIV Young Lawyers’ Law • Overview of international human rights law, (offered twice each Reform Committee, 8 September 2011 year), J. Debeljak and K. Eastman

• S. Joseph, ‘Human rights and the media in the 21st century’, • Protecting the Rights of Minorities, Marginalised and Vulnerable Adelaide Festival of Ideas, 9 October 2011 People, P. Gerber

• S. Joseph, ‘International human rights law, journalism and the • Terrorism and Human Rights, S. Joseph public interest’, in ‘Tomorrow’s law: disclosure of information – balancing public and private interests’, MacQuarie University Undergraduate (hosted at Customs House, Sydney), • Advance Professional Practice (Human Rights), A. Evans 18 November 2011 (Semester 1) and R. Hyams (Semester 2)

• M. O’Sullivan, ‘Protection against Refoulement: The Notion of • Human Rights in Australian Law, T. Penovic “Acquired Rights” under the Refugee Convention’, delivered at the workshop ‘Refugees and The Refugee Convention 60 • Indigenous Peoples and the Law, S. Gray Years On: Protection and Identity’, 2-3 May 2011, Monash • International Criminal Law, J. Kyriakakis University, Prato, Italy • International Human Rights Law, A. McBeth • M. O’Sullivan, ‘Offshore Processing and the Rule of Law - Lessons from Australia’, Refugee and Forced Migration Studies • International Refugee Law and Practice, M. O’Sullivan (CARFMS) Annual Conference: Human Rights Challenges, 11-13 May 2011, McGill University, Montreal, Canada • International criminal law, J. Kyriakakis

• A. McBeth, “A Tale of Two Projects: Human Rights • International human rights, H. Askola (Prato program) Accountability in Development Projects”, Human Rights & Governance Colloquium, 24-25 November 2011, QUT, • International laws of armed conflict, G. Boas Brisbane, 2011 • Law and discrimination, C. Campbell 5. Human Rights Training Consultancies • Law, Gender and Feminism, F. Hum The Centre conducts short courses and training programs, • Law and Social Theory, P. Emerton predominantly for Australian and international government officials. In 2011 it conducted the following program:

‘The International Criminal Court’, VCE High School Teacher training conducted at Social Education Victoria, Melbourne, 16 September 2011 (J. Kyriakakis) PhD, SJD and LLM Major Thesis Completions • Natalie Stroud, The Koori Court of Victoria: An answer to In addition to formal teaching, Centre academics supervise cultural and language disadvange for indigenous offenders in postgraduate students undertaking their degree by research. the criminal justice system? (M. Castan) Students may undertake a LLM by research instead of coursework. • Sue Teppendon, Neo-liberalist doctrine of individual rights (P. At the doctoral level, candidates have two options: the SJD, for Emerton) which students must complete four postgraduate subjects and write a 50,000 word thesis, and the PhD, for which students must • Noel Villaroman, The intersection of the human right to religious complete a 100,000 word thesis. freedom and planning laws Building God’s Temple: Planning Regulations, Places of Worship and Religious Freedom in Research students generally develop outstanding levels of Australia (A. McBeth with P. Gerber) knowledge in their chosen field and often progress to academia, or work in fields related to their study. For these reasons, we SJD consider nurturing research students to be a vital contribution to • Caroline Aebersold, Investment Law and Human Rights Law human rights scholarship and practice. Candidates for the various (S. Joseph) research degrees in 2011 were: • Mark Gumbleton, Complicity in crime (S. Gray) PhD • Olivia Ball, All the way to the UN: Is petitioning a UN human • Melba Kapesa, Mining Corporations and Human Rights (S. rights treaty-body worthwhile? (P. Gerber) Joseph and A. McBeth)

• Azadeh Dastyari, Out of Sight, Out of Right? : Extraterritorial • Elizabeth King, From Milosevic to Guantanamo Bay, an processing of Refugees by the United States on the Caribbean examination of the construction of the due process norm in the Sea (A. McBeth with P. Emerton and S. Kneebone) enforcement of International Humanitarian Law (G. Boas)

• Sina Etezazian, Ambiguities regarding the prerequisites for the • Mark Morley, Religious Minorities in Pakistan (S. Joseph) exercise of self-defence (G. Boas) • Athena Nguyen, United States Peacekeepers and Sexual • Ekram Haque, Protection of economic, social and cultural Exploitation (S. Kneebone and S. Joseph) rights: a critical analysis of the fundamental principles of state policy in the Constitution of Bangladesh (S. Joseph) (awarded • Robin Smith, The paradox of legal responsibility: the degree 2011) application of corporate criminal liability to the state (G. Boas)

• Phuong Thi Tue Hoang, ‘Trafficking in and from Vietnam’ (S. • Aderajew Teshome, Ethiopia’s Response to Human Trafficking: Kneebone) Towards Effective Criminalisation and Protection (S. Kneebone)

• Bryan Keon Cohen (staff PhD), The Mabo Litigation (M. Castan) • Nicola Walker, The Australian Human Rights Framework - How (awarded degree 2011) effective can it be in protecting human rights? (J. Debeljak)

• Brendan Loizou, Determining Native Title (M. Castan) Honours • Sayomi Ariyawansa, Almost Anywhere but Here: Australia, • Anita MacKay, A Human Rights Perspective on Detention in Offshore Processing and “Safe Third Countries” (S. Kneebone) Australia – Current Deficiencies and Ways Forward (J. Debeljak with B. Naylor) • David Carolan, Sentencing in international criminal law (A. McBeth) • Fiona McKay, An Investigation of the Influences of Attitudes and Opinions towards Asylum Seekers and Refugees in • Joseph Charles, Do Corporations have human rights Australia (S. Thomas and S. Kneebone) (S. Joseph)

• Marika McAdam, Strengthening the human right of freedom • Helen Fabyini, Evaluating Indigenous Welfare Reforms in the of religion and belief by protecting freedom from religion (S. Northern Territory and Queensland (M. Castan) Joseph) • Sushendra Fernando, The National Security Exception to • Reyvi Marinas, Filipino Migrant Activism in Australia examined Freedom of Expression (A. McBeth) through the lens of Hannah Arendt (S. Kneebone and M. Janover) • Chris Holt, Sexual Orientation and International Law: Is Being Queer a Universal Human Right (J. Debeljak) • Engi Messiah, Rule Against Double Jeopardy in Criminal Law (J. Kyriakakis, ongoing; Associate Supervisor, Main supervisor • Sarah Lenthall, Ensuring Fair Play by Transnational – B. Naylor) Corporations: The Extractive Industry, the Resource Curse and the Right to Development in Developing Countries (J. • Katie O’Bryan, Indigenous Rights to Participate in the Kyriakakis) Management of Inland Water Resources (M. Castan) • Sarah-Mae Thomas, A Pluralist Approach to Women’s • Maria O’Sullivan, The Use of the Cessation Clause under Property Rights in South Africa and Kenya: How Customary Art1C(5) of the Refugees Convention (S. Kneebone) Law and Common Law can together protect and promote Human Rights (J. Debeljak) • Ronli Sifris, Conceptualising Restrictions on Abortion and Involuntary Sterilisation Procedures as Torture or Cruel, • Kim Northwood, Jurisdiction over terrorist crimes: Examining Inhuman or Degrading Treatment (S. Joseph, associate the case for a rule of permissive universal jurisdiction in supervisor, Main supervisor – B. McSherry) customary international law to try certain crimes of terrorism (awarded degree 2011) (J. Kyriakakis co-supervisor with G. Boas) • William Parker, Concerned repatriation of Indigenous ancestral focus. Eighty one of the placements so far have been undertaken remains in Australia, the UK and the US (S. Gray) by Monash University students and graduates. Research shows that twenty percent of these interns end up working in full-time, • Christopher Spain, Humanitarian Intervention: The Vital Last part-time or contract positions in Indigenous Affairs after completing Resort (G. Boas) their degrees.

• Crystal Triggs, Indigenous Peoples Right of Self-Determination The Indigenous Students’ Guide to postgraduate scholarships in International Law (S. Joseph) in Australia and overseas, and a similar undergraduate guide, list opportunities in a wide range of disciplines, including architecture, • Julian Vido, EU Renewable Energy Directive with the WTO the arts, business, education, engineering, government, health, General Agreement on Tariffs and Trade (S. Joseph) humanities, information technology and law. • Jing Zhu, Counter-terrorism laws (A. McBeth with P. Emerton)

Undergraduate Papers Our People • Alainnah Calabro, How can protocols be used to resolve The Castan Centre sits within the Law Faculty at Monash University. issues involving access and control of Indigenous cultural The Centre is governed by the Director and five Deputy Directors, materials that are subject to Copyright law?, (S. Gray) who are all senior Faculty members with teaching and research expertise in human rights. Centre Associates are Faculty members • Melissa Chan, The Malaysian ‘Solution’: No Solution at All, who are recognised for their role in assisting the Centre. Day to day (T. Penovic) operations are carried out by the Director and the administrative staff. • Namrata Kant, The ATCA, the ICC, and Corporate Human Rights Abuses: An Analysis in Terms of Union Carbide and Director Unocal (J. Kyriakakis) Prof. Sarah Joseph Director

• Srindhi Kulkarni, Sexual Violence in Conflict and the ICC: Is the Deputy Directors End to an Era For Sexual Violence Against Women in Sight?’ Ms Melissa Castan (OSP first semester) (J. Kyriakakis) Dr Julie Debeljak (Acting Director from 27 June to 17 July) • Sean Mulcahy, Legal regulation of Aboriginal labour in Western Dr Paula Gerber (Acting Director from 6 to 26 June) Australia 1905-35, (S. Gray) Dr Adam McBeth (OSP first semester) • Penelope Swales, Contemporary Aboriginal Law (S. Gray) Ms Tania Penovic (Newly appointed from May, OSP first semester)

• Brian Yeom, Protecting Indigenous artwork: the merits of Associates (Faculty staff) introducing a copyright registration system in Australia, Dr Heli Askola (S. Gray) Dr Gideon Boas Graduate Paper Ms Azadeh Dastyari • Bilal Hayee, Blasphemy Laws in Pakistan (S. Joseph) Dr Patrick Emerton Dr Stephen Gray Masters by Research Dr Joanna Kyriakakis • Mel Keenan, Sorcery and Law in Papua New Guinea Ms Maria O’Sullivan (Newly appointed from August) (M. Castan) Ms Ronli Sifris (Newly appointed from August) 7. Indigenous Programs Associates (external) Dr David Yarrow Since 2004, the Castan Centre has been involved with the Aurora Chris Sidoti Project. Initially established to implement the recommendations of Castan Centre Deputy Director Melissa Castan and Mr Richard Awards Potok regarding capacity building at Native Title Representative P. Gerber, Australian Learning and Teaching Council Citation for Bodies, the Project has since expanded significantly. Outstanding Contribution to Student Learning, 2011

In addition to the capacity building work, the project, which is P. Gerber, Monash University Law Faculty Award for Excellence in operated in conjunction with Aurora Projects and Programs, Research by an Early Career Researcher, 2011 includes other features such as assistance with recruitment, the operation of a large-scale internship program and a handbook on P. Gerber, Inducted into the Victorian Honour Roll of Women, 2011 postgraduate scholarship opportunities for Indigenous students. The project is funded predominantly by the Commonwealth M. Smith, Monash University Vice-Chancellor’s Award for government. Exceptional Performance by Professional Staff, 2011

The program has had great success in boosting the capability Administrative Staff of the NTRBs and other indigenous bodies through ongoing Marius Smith – Manager professional development training and other assistance. The Erica Contini – Project Officer (January – August) program has had outstanding results since its inception through Adam Fletcher – Manager, Accountability Project to the summer 2011/12 round, having arranged 947 legal, (Newly appointed from August) anthropology and other social science placements at 75 host Andre Dao – Project Officer (September to December) organisations (including NTRBs and organisations working in land Janice Hugo – Administrator rights, social justice and human rights) - all with an Indigenous Patron-in-Chief Our Supporters Her Excellency Ms Quentin Bryce AC, Governor-General of the Commonwealth of Australia Benefactors ($25,000 or more per year) The Helen and Bori Liberman Family Patron Monash University Faculty of Law The Hon Michael Kirby AC CMG Guardians ($10,000 or more per year) Academic Advisory Board Daniel and Danielle Besen Professor Philip Alston, New York University School of Law Clayton Utz The Alan and Elizabeth Finkel Foundation Patrick Dodson, Lingiari Foundation Inc Peter Hanks QC Holding Redlich Elizabeth Evatt, former member, UN Human Rights Committee; Michael and Sylvia Kantor Chair of Board for Public Interest Advocacy Centre, Sydney Monash University Office of the Deputy Vice Chancellor (Education) Professor Claudio Grossman, Chair, UN Committee against Torture Nordia Foundation (also Dean, Washington College of Law, American University) Believers ($2500 or more per year) The Hon Judge Felicity Hampel, County Court of Victoria Corrs Westgarth Lawyers David Shavin Professor Christof Heyns, UN Special Rapporteur on extrajudicial, summary or arbitrary executions, University of Pretoria, South Africa Enthusiasts ($1000 or more per year) Professor Ivan Shearer, former member, UN Human Rights List G Barristers Committee; Emeritus Professor, University of Sydney Justice John Middleton Victoria Legal Aid Judge Christie Weeramantry, retired, International Court of Justice, Victorian Equal Opportunity and Human Rights Commission founder, Weeramantry International Centre for Peace, Education and Research, Sri Lanka Friends ($500 or more per year) Alan Missen Foundation Members Australian Lawyers Alliance 2906 as at 31 December 2011. Futureye Judge Felicity Hampel Funding David Laidlaw The Centre received its funding from the following sources in 2011: Law Institute of Victoria Minter Ellison Lawyers • Consultancies and research: 45% Professor Ivan Shearer

• Monash University 17% Supporting Members ($100 or more per year) The Hon Catherine Branson • Sponsorship and events: 14% Deborah Candy • Foundations 12% Dr Jocelyn Dunphy-Blomfield Joan Grant • Individuals 12% Justice Peter Gray Liz Hughes Anita Kaminski Twenty six percent of total funding is derived from one consultancy Philip Lynch project – The Aurora Project – which is due to complete in 2012. Sue Pennicuik MLC The Centre must replace this income and plans to do so through Ian Pyman a combination of new consulting work, increased donations and Peter Rashleigh sponsorship and income from fundraising events. Melanie Speldewinde Jennifer Strauss Paul Wand AM Anonymous 8.5mm 8.5mm 113mm 45mm 8.5mm

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www.law.monash.edwww.law.monash.edu/castancentreu 8.5mm Australia ■ Malaysia ■ South Africa ■ Italy ■ India www.law.monash.edu/castancetre 8.5mm

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