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Fearless Action for a Fair Australia Annual Report 2019 Contents Fearless action for a fair Australia Annual Report 2019 Contents Josephine 1 Chair and Executive Director’s message Langbien, David Burke and Scott 2 Transforming the human rights landscape Cosgriff from the Human Rights Law 4 Protecting the human rights of refugees & people seeking asylum Centre’s asylum seeker and refugee 8 Aboriginal & Torres Strait Islander peoples’ rights rights team. 14 Dignity for people in prison Cover: Human Rights Law Centre’s 16 Reproductive rights Edwina MacDonald and Abdul aziz 18 Democratic freedoms Muhamat in Geneva. 22 Business and human rights 24 United Nations engagement 26 Our team 28 Financials 30 Our supporters 32 Supporter profile Human Rights Law Centre Annual Report 2019 Chair and Executive Director’s message Catherine Branson AC QC, Chair of the Board Hugh de Kretser, Executive Director Our ten year plan to transform the human rights landscape in Australia The Human Rights Law Centre That’s why for the first time we’ve As always, strong, respectful works for an Australia where developed a ten year strategic plan partnerships will be central to everyone is free to lead a decent, to transform the human rights how we work. Partnerships with dignified life; where our laws, landscape in Australia. The plan has Aboriginal and Torres Strait Islander policies and institutions promote four overarching goals: peoples and organisations, guided fairness and equality; and where by self-determination principles. people and communities have 1. Supporting people and Partnerships with fellow non-profit the power to address inequality communities to defend organisations to advance shared and injustice and ensure that human rights goals. Partnerships with law firms governments always act in the and barristers who provide expert 2. Transforming laws, policies public interest. pro bono resources to support and practices to advance our human rights action. And human rights Since our establishment 13 years partnerships with our donors ago, we have a proud record of 3. Ensuring governments, and philanthropic trusts and using legal action and advocacy to parliaments and businesses foundations who power our work. advance this vision. Over the past respect human rights year that record was strengthened We know that as a community, by the achievements you’ll see in 4. Ensuring accountability for we are at our best when our laws this report. But while we’re proud of human rights violations. and our actions reflect and protect our impact, we recognise that both the values – like fairness, equality, here and around the world, we are The plan also outlines the capability respect and compassion – that we seeing grave new threats to human we need to realise these goals. all share. At their heart, this is what rights. Threats to the very concept Undertaking legal action and human rights are about. This is that all people are equal and that advocacy for people whose rights what our plan will achieve. we should all treat each other with are threatened will remain core to respect and compassion. our model. But we will expand our We invite you to read our plan in communications and campaign full on our website, and to stand We need new tactics to respond to capacity to better engage with alongside us as we work towards these threats. We need structural supporters and build communities a fairer, more compassionate changes to improve our laws and of action to address human rights Australia. Thank you for your institutions. We need smarter, violations and promote change. ongoing support. more effective communication to strengthen community Under our plan, we will continue understanding and support for working on the impact areas in human rights. We need a long term this report. But we will also look to Catherine Branson AC QC focus on change. expand our impact in three key new Chair of the Board areas: the impact of climate change on human rights; the impact of technology on human rights; and realising the rights of people with disabilities. Hugh de Kretser Executive Director Annual Report 2019 Human Rights Law Centre Annual Report 2019 1 Transforming the human rights landscape An Australian Charter of Human Rights Our vision and Freedoms An Australia where the values Our lives are better when we all assess public understanding of laws Professor Gillian we all share – like fairness, treat each other with fairness and that currently protect human rights, Triggs and lawyer equality and compassion – respect and when we can enjoy our and help identify the messages Teela Reid at a community event in rights and freedoms. Unfortunately, that will best engage and motivate are properly reflected and Wangaratta discuss protected in our laws and powerful politicians and corporations people to support the creation of the need for people where everyone understands don’t always respect the rights of a Charter. and communities to individual people or communities. have stronger tools their rights and freedoms and We need to create an Australian to hold governments to account. has the power to take action Charter of Human Rights and to ensure that those rights Freedoms to help level the The Human and freedoms are respected playing field. Rights Law Centre’s Lee Carnie and and upheld. A Charter of Human Rights will Tom Clarke have developed a three ensure the decisions and actions year plan to build of our governments are guided by public and political the values of freedom, equality, support for the compassion and dignity. It will creation of an help everyone from school children The findings and recommendations Australian Charter of Human Rights to new Australians understand are informing our efforts to kick- and Freedoms. the rights and freedoms that we start a national conversation about all share and it will mean that if the need to create a Charter. We are someone’s rights are violated they using digital media to reach new can take action to get justice. audiences and increase support and we have also hit the road to hold The Human Rights Law Centre is various community events. building the public campaign to create an Australian Charter of While we build public support for a Human Rights and Freedoms with a Charter over the next three years, wide range of community and we’re also reaching out to foster not-for-profit organisations. political support and, with pro bono This year we conducted in-depth support from law firm Gilbert research, focus groups and online + Tobin, we are working with testing and surveys to examine leading legal experts to draft a community views on human rights, model Charter. 2 Human Rights Law Centre Annual Report 2019 A Human Rights Act for Queensland This year we celebrated a huge win This means that 23 vital human The Human Rights Law Centre for human rights in Queensland rights including freedom of provided expert legal advice along with a Human Rights Act passing association, freedom of expression, with logistical and strategic support through parliament. Queensland the right to education and the to the coalition of Queensland is now the third Australian right to humane treatment in community groups that secured this jurisdiction with a Human Rights detention will be better protected important reform. We will continue Act or Charter, joining Victoria and in Queensland law when the law to support Queensland community the ACT. comes into force in 2020. It will groups to use the Human Rights require government to properly Act to advance people’s rights in consider and comply with human Queensland. rights, and in the event it doesn’t, it will give people an avenue to seek redress and justice. This year, the Human Rights Law Moves for Human Rights Centre welcomed Charters across Australia our first Government Relations Manager, The Human Rights Law Centre is Lauren Frost, also supporting efforts to achieve and our first Human Rights Charters in New Digital Producer, South Wales and Western Australia. Roselina Press. We want to secure Charters in all Australian jurisdictions to ensure better legal protection of human rights across Australia. Pushing for balanced Religious Discrimination legislation The Human Rights Law Centre has By prioritising the interests of fix them. We also highlighted the long advocated for comprehensive, doctors who conscientiously object fact that the Prime Minister has not fair and effective anti-discrimination to providing certain health services delivered on his promise to address laws across Australia. Australia like abortion, the draft laws would discrimination against LGBTIQ needs stronger protections from threaten the ability of women and children in religious schools. It is discrimination for people of LGBTIQ people in particular to get outrageous that children can still be faith, but unfortunately, draft the health care they need. expelled from a school because of legislation released by the Morrison their sexuality or gender identity. Government this year contained a We engaged with the Government number of major flaws and failed to and in the media to highlight flaws strike the right balance. in the proposed laws and ways to Hugh de Kretser with President of the Australian Human Rights Commission Rosalind Croucher AM and UN High Commissioner for Human Rights Michelle Bachelet. Annual Report 2019 Human Rights Law Centre Annual Report 2019 3 Protecting the human rights of refugees & people seeking asylum Supporting Abdul aziz Muhamat to address Our vision the United Nations Australia’s cruel deterrence Abdul aziz Muhamat fled the war in Aziz delivered two statements Human rights regime is replaced with a Darfur, Sudan in 2013. He came on behalf of the Human Rights defender Abdul aziz fair and humane response to by boat to Australia seeking safety Law Centre at the United Nations Muhamat in Geneva where he is now but instead was forcibly taken to Human Rights Council urging the people who are forced to leave living after being their homes, which focuses on Manus Island.
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