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NEWSLETTER- Sept 2005.Pub NEWSLETTER Zimbabwe Opposition Minister Visits Melbourne His visit was kept secret until the last early 2000, when Mugabe was enraged at Volume 4, Issue 2 minute, yet Zimbabwe’s Shadow Minister the defeat of a referendum to increase his September 2005 for Justice, David Coltart, drew hundreds power. Since then, independent judges to hear him speak at two Castan Centre have been hounded out of office and functions in July. After hearing Coltart’s youth brigades terrorise the populace, all story, it is not hard to understand why. as the country continues its economic Castan Centre News 2 tailspin. Torture and killing are routine Coltart, a member of the opposition and the most recent outrage has seen Movement for Democratic Change, was about 700,000 people deprived of their elected to parliament in June 2000 with homes or market stalls in the govern- more than 84% of the vote in his mostly ment’s “cleaning out the filth” campaign, Defamation defender speaks out 6 poor, black electorate. Ever since he combined his stud- which has demolished squatter towns. ies in South Africa It is against this back- with his role as ground that Coltart vis- The gay marriage debate 7 director of a Legal ited Australia in July, Aid Clinic in the speaking at universities early 1980s, Col- in three states, meeting tart has been a with senior politicians The long road to justice 8 strong human and giving numerous rights advocate. In media interviews. His 1987, he founded trip was taken at great the Bulawayo Le- personal risk: six of Col- Restoring Justice in Timor 12 gal Projects Cen- tart’s fellow parliamen- tre in Zimbabwe, tarians have been mur- which now runs dered in the last four 10 legal advice years. In order to en- Around the Faculty 14 clinics for the un- sure his safe passage derprivileged. from the country, all details of his trip were During his visit, kept secret until he was which was ar- in South Africa and he The Year in Review 16 ranged by his old has now returned to an friend, the Dean uncertain future al- of Law at Bond though, at the time of University, Dun- David Coltart at Monash Law can Bentley, Col- writing, he is safe. The Castan Centre was established tart spoke of the long history of human As for the purpose of his visit, Coltart by the Monash University Law rights abuses by Robert Mugabe’s regime. ended his speech at the Monash Univer- School in 2000 as an independent, Mugabe came to power in 1980 as a sity Law Chambers with a plea. “I implore non-profit organisation committed hero: he had overthrown the white mi- you, ladies and gentlemen, to play your to the protection and promotion of nority government and yet he pursued part in bringing pressure to bear on the human rights. reconciliation with the white population. Australian government to act, and to act During this time, however, his troops with urgency, so that the plight of these Through research and public edu- conducted a campaign of torture and hundreds of thousands of Zimbabweans cation, the centre generates inno- murder against the Ndbele people which vative theoretical and practical ap- can be addressed”. resulted in almost 20,000 deaths – what, proaches to understanding and An edited transcript of David’s 2005 Gerard in the words of Coltart, “can only be implementing international and Brennan Speech to Bond University starts at domestic human rights law. described as an act of genocide”. page 8. The transcript of his Monash speech The latest wave of repression started in will be added to our website shortly. Castan Centre for Human Rights Law, October 2005 Castan Centre News Patrick Dodson Joins Castan Centre Advisory Board Patrick Dodson, a life-long proponent was appointed Chairman of the Coun- of the rights of indigenous people, has cil for Aboriginal Reconciliation in agreed to join the Castan Centre’s 1991 until he resigned in 1997, stating Advisory Board, which includes pre- that “I fear for the spirit of this coun- eminent human rights scholars, advo- try”. cates and jurists from Australia and around the world. A full list of the When asked about the centre, Mr Advisory Board is at page 13. Dodson said “The Castan Centre bears the name of a great Australian Pat is currently chairman of the Lin- who truly understood the need to giari Policy Centre, a non-government protect and defend the Human Rights organization committed to developing of all the world’s people. I commend independent and informed thinking to and support the work of the Castan improve the lives of indigenous Aus- Centre for Human Rights Law and tralians. He was a commissioner of look forward to being able to assist in the Royal Commission into Aboriginal its work particularly at a time in this Deaths in Custody in 1980, having country where Human Rights are seen previously been a Catholic priest (he in many quarters as peripheral to our Patrick Dodson, Member of the was the first Aboriginal priest). He national values.” Castan Centre Advisory Board Book Release: Human Rights 2004: The Year in Review The Castan Centre has recently re- the right to maternity leave remains ill- pers on other “hot button” topics of leased the second in its annual Year In defined, childcare costs are prohibi- 2004. Debbie Mortimer SC reviews Review series. The book, Human tively expensive, women earn substan- the various Australian vilification laws Rights 2004: The Year in Review, is a tially less than men and have about half and asks whether they have caused as collection of papers presented to the of the accumulated superannuation of many problems as they have solved. centre’s annual conference of the same men. To conclude the volume, Richard name, held in Melbourne in December Bourke takes a unique look at the seri- Heisoo Shin, Vice Chairperson of the ous issue of the treatment of detainees 2004. Committee for the Elimination of All at Guantanamo Bay, Cuba, concluding The conference honoured the twin Forms of Discrimination Against that “like a spider web, it is simple anniversaries of the Commonwealth Women, writes about the interna- enough to step around [the] Geneva Sex Discrimination Act (20 years) and tional law system as it relates to gen- [Conventions] or gently pluck one’s the United Nations Convention on the der, while Elizabeth Evatt of the Inter- way through. However, like a crazed Elimination of all forms of Discrimina- national Commission of Jurists com- child, the Bush administration has set tion Against Women (25 years) and pares international law with the Aus- about attacking the spider web and featured some of Australia’s most im- tralian system and both women like- now finds itself covered in sticky portant feminist academics and jurists wise see success and failure. Ms Evatt strands that advertise to all the world who reflected on the huge hurdles still focuses on those parts of CEDAW its crime.” standing between women and equality. which were not included in domestic law, while Ms Shin documents the Human Rights 2004: The Year in Review The current Sex Discrimination Com- many obstacles standing in the way of is a lively and informative collection of missioner, Pru Goward, and Professor papers covering many of the most Margaret Thornton both critique the the Committee. Sex Discrimination Act and conclude A particularly pernicious activity affect- important human rights topics of 2004. that, although it has had certain suc- ing women is people trafficking and cesses, it has also failed to provide the Anne Gallagher discusses the practice To purchase the book, visit our website at bridge to equality between the sexes. and documents the fact that Australia www.law.monash.edu.au/castancentre Although the Human Rights and Equal is now a destination country for traf- and follow the links, or phone Kay Mag- Opportunities Commission has made a fickers. large contribution towards equality, nani on 9905 3327. This collection also contains two pa- 2 Castan Centre for Human Rights Law, October 2005 Castan Centre News Arjun Sengupta Heads Impressive Line-Up for Conference The line-up of speakers has been final- During his time in Australia, he will might have on the Bill of Rights. ised for the Castan Centre’s annual join the Castan Centre as a Holding The ongoing inquiry into a Bill of conference, Human Rights 2005: The Redlich Distinguished Visiting Fellow. Rights has been perhaps the biggest Year in Review. The conference, Other international issues on the human rights topic of 2005 in Victoria which will hold a spotlight to many of agenda are human rights in the context and Dr Helen Watchirs, the ACT Hu- the year’s most important human of tsunami relief; the likely implications man Rights and Discrimination Com- rights issues, will again be held at the of the UN reform process; and the missioner, will take up the issue from a Malthouse, at Southbank, on 2 Decem- lessons to be learned from Canada for local perspective. In particular, she ber 2005. the proposed Victorian Bill of Rights. will present the lessons learned from World-renowned economic and policy In particular, David Wiseman, of the the enactment of the ACT Bill of expert, Professor Arjun Sengupta, is University of Windsor, Canada, will Rights in 2004. the headline speaker. Professor Sen- consider what effect the exclusion of Bernadette McSherry of Monash Uni- gupta is the UN's Independent Expert economic, social and cultural rights versity will consider human rights and on Human Rights and Extreme Pov- mental health in light of the immigra- erty.
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