HREOC Annual Report 2005-06.Indb

Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all mem- bers of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in funda- mental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for, and observance of, human rights and fundamen- tal freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, THE GENERAL ASSEMBLY proclaims This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Annual Report 2005–2006 © Human Rights and Equal Opportunity Commission 2006 ISSN 1031–5098 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Human Rights and Equal Opportunity Commission. Requests and enquiries concerning reproduction, rights and content should be addressed to: Public Affairs Unit Human Rights and Equal Opportunity Commission Level 8, Piccadilly Tower 133 Castlereagh Street Sydney NSW 2000 GPO Box 5218 Sydney NSW 2001 Telephone: (02) 9284 9600 General enquiries and publications: 1300 369 711 Complaints Infoline: 1300 656 419 TTY: 1800 620 241 Facsimile: (02) 9284 9611 Website: www.humanrights.gov.au E-mail: [email protected] The 2005–06 Annual Report is available on the Commission’s website at: www.humanrights.gov.au/annrep05_06/ 18 September 2006 The Hon. Philip Ruddock MP Attorney-General Parliament House Canberra ACT 2600 I have the pleasure in presenting the Annual Report of the Human Rights and Equal Opportunity Commission for the period ending 30 June 2006, pursuant to section 45 of the Human Rights and Equal Opportunity Commission Act 1986. The report has been prepared in accordance with the requirements of section 70 of the Public Service Act 1999. Yours sincerely, The Hon. John von Doussa, QC President Human Rights and Equal Opportunity Commission Contents Significant achievements 5 Statement from the President 7 Chapter 1: The Commission 13 Chapter 2: Human Rights Education and Promotion 23 Chapter 3: Monitoring Human Rights Legislation and Policy 39 Chapter 4: Complaint Handling Section 49 Chapter 5: Legal Section 91 Chapter 6: Aboriginal and Torres Strait Islander Social Justice 107 Chapter 7: Disability Rights 123 Chapter 8: Human Rights 135 Chapter 9: Race Discrimination 143 Chapter 10: Sex and Age Discrimination 149 Chapter 11: International Activities 159 Appendix 1 International Instruments observed under legislation administered by the Human Rights and Equal Opportunity Commission 167 Appendix 2 Commission publications released during 2005–06 170 Appendix 3 Freedom of Information 172 Appendix 4 The complaint handling process 174 Appendix 5 Human resources and administrative services 175 Commonwealth Disability Strategy 179 Financial statements 189 Index 217 4 Significant achievements • The National Inquiry into Discrimination against Same-Sex Couples regarding Financial and Work-Related Entitlements – Same-Sex: Same Entitlements was launched in April 2006. As at 30 June 2006, the Inquiry had received 340 written submissions. • The Final Report of the National Inquiry into Employment and Disability Workability II: Solutions was tabled by the Attorney- General in federal parliament on 14 February 2006. • The Commission has commenced an Indigenous Health Equality campaign that aims to eliminate the life expectancy gap between Indigenous and non-Indigenous peoples within a generation. • The Commission released an overview paper in June 2006 of research and findings on domestic violence in Indigenous communities. • Rights of Passage – A Dialogue with Young Australians about Human Rights was launched in November 2005. Rights of Passage provides current information about young people’s perceptions of their enjoyment of human rights in Australia. • The Striking the Balance: Women, men, work and family project has conducted 37 consultations around the country and held a roundtable on the issues with stakeholders from academia, industry and the community. It continues to attract significant media attention. • The Commission has developed culturally specific education materials on pregnancy, potential pregnancy and breastfeeding discrimination in the workplace for Indigenous women. • The Commission and federal Attorney-General Philip Ruddock launched the magazine and CD Voices of Australia – 30 years of the Racial Discrimination Act 1975-2005 in October 2005. • The fourth edition of Face the Facts – the Commission’s most popular publication dealing with myths and misconceptions about Indigenous people, migrants and refugees - was released in October 2005. • The Complaint Handling Section finalised 93 percent of matters within 12 months. 39% were finalised by conciliation. • The Commission developed Information for Students, an online education resource for secondary school students to help them gain an awareness and understanding of human rights. 5 • The Commission has made a number of submissions to parliamentary committees on issues including anti-terrorism laws, migration laws, Family Law Act amendments. • Five reports of breaches of the Human Rights and Equal Opportunity Commission Act were completed and the Commission was granted leave to intervene in five matters. • Significant progress was made during 2005–06 towards a possible international convention on human rights and disability through a working group of the United Nations General Assembly. The Commission has continued to participate as part of the Australian Government delegation. • Usage of the Commission’s web site has increased by 52 percent since 2004– 05. In 2005–06 there were approximately 8,371,613 page views on the server. This equates to approximately 71,779,044 hits on the site in total. • In March 2006, the Commission received an award to recognise long term support of the Jobsupport Program, which supports staff with intellectual disabilities in the workplace. The award recognises a staff member’s 15 years of employment with the Commission. 6 Statement from the President This Annual Report is evidence of the vital role that the Commissioners and staff at the Human Rights and Equal Opportunity Commission (the Commission) play in promoting and protecting human rights. In the last year, the Commission has not shied away from the big issues. We have made important contributions to debates about counter-terrorism laws, welfare to work and industrial relations reforms, violence in Indigenous communities and Australia’s treatment of asylum seekers. The Hon. John von Doussa, QC President We have launched a national inquiry into Human Rights and Equal discrimination against same-sex couples. Opportunity Commission Through our legal section we have intervened or appeared as amicus curiae in a number of cases with important human rights implications. The Commission has also prepared numerous submissions to parliamentary committees on the human rights impact of proposed legislation. We continue to work with Australia’s Arab and Muslim communities to develop strategies to counter vilification and violence. Our complaints handling section has once again exceeded its performance indicators finalising 93 percent of complaints within 12 months and conciliating outcomes in 39 percent of them. Importantly, 93 percent of parties were satisfied with the service they received. One of the most challenging human rights issues facing Australia, and indeed all democratic nations, is how to reconcile the need to protect Australians from the threat of terrorism with the need to preserve the human rights principles that lie at the heart of our democracy. Following the London bombings, the Australian Government introduced the Anti-Terrorism Bill (No.2) 2005. This Bill included provisions for preventative detention orders, control orders and special police powers to stop, search and question people. The Commission’s main concern about the new

Load more