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White Paper Submission Is Available Here Emily Howie, Keren Adams and Chloe Gall Human Rights Law Centre Ltd Level 5, 175 Liverpool Street Sydney NSW 2000 T: + 61 2 8599 2110 F: + 61 3 8636 4455 E: [email protected] W: www.hrlc.org.au The Human Rights Law Centre protects and promotes human rights in Australia and beyond through a strategic mix of legal action, advocacy, research and capacity building. It is an independent and not-for-profit organisation and donations are tax-deductible. Follow us at http://twitter.com/rightsagenda Join us at www.facebook.com/pages/HumanRightsLawResourceCentre | 1. Executive Summary 2 2. Recommendations 2 3. Australia’s national interest 4 4. Australia’s regional relationships 6 5. International human rights institutions 9 6. Australia’s economic priorities 12 7. Australia’s assets 14 | The Human Rights Law Centre (HRLC) welcomes this opportunity to provide a submission to the public consultation on the 2017 Foreign Policy White Paper (2017 White Paper). The HRLC seeks to ensure that Australia adopts a human rights-based approach to foreign policy and engages positively and constructively with United Nations human rights system. The last Foreign Policy White Paper was released by the Howard Government in 2003 (2003 White Paper). In the 13 years since, Australia and the wider global community have faced many new political, legal and social challenges, which have impacted the proper protection of human rights both at home and overseas. Now, more than ever, it is critical to ensure that Australia adopts a principled and consistent human rights-based approach to its foreign policy work, whether that concerns Australia’s response to human rights abuses in the region, the activities of Australian corporations overseas, or how Australia engages with the UN human rights system. These submissions first set out how closely Australia’s national interest is tied to the rules-based international order that promotes and protects human rights and ensures international peace and security. This means that it is in Australia’s interests to both defend the international rule of law, and to comply with international law, including international human rights law. The submissions then consider: 1. The need for Australia to consistently speak out, publicly and privately, on grave human rights abuses, particularly in relation to its regional neighbours. 2. The ways in which Australia can play a principled and consistent role to promote and protect human rights in the UN human rights system, including the UN Human Rights Council. 3. The importance of ensuring that Australian corporations operating abroad are complying with human rights standards and are accountable for human rights abuses beyond our borders. 4. How to make the best use possible of human rights expertise in Australian civil society and the Australian Human Rights Commission to inform Australia’s foreign policy work. 1. Australia should develop a written policy that is publicly available and that sets out how it will uphold the rule of law and protect and promote human rights in foreign policy. 2. Australia should bring its domestic policies in line with international law to strengthen its position, which should include, at a minimum, closure of the Manus Island and Nauru facilities. | 3. Australia must ensure that its trade and border protection relationships with regional neighbours do not unduly influence Australia’s advocacy for the maintenance of the rule of law and protection of human rights in the Asia-Pacific region. 4. Australia should take opportunities to raise concerns about human rights abuses, both privately and publicly. 5. Australia should introduce a law similar to the US Leahy Law, which would prohibit Australia from providing direct aid or assistance to any foreign security forces against whom there is credible information of serious human rights abuses, such as rape, torture or war crimes. 6. Australia should enact legislative amendments to improve its own position on the death penalty and continue to advocate for the abolition of the death penalty in the Asia-Pacific and worldwide. 7. Australia should include specific, measurable and verifiable commitments to improving human rights domestically and overseas in its voluntary pledges in support of its Human Rights Council bid. 8. Australia should ensure that it takes a consistent approach to addressing human rights violations in country situations of concern in the Human Rights Council. 9. The Government should implement decisions of UN human rights treaty bodies on individual communications fully and in good faith. 10. Australia should establish an executive-level coordination body to implement decisions of human rights treaty bodies and monitor compliance with UN human rights body reports. 11. Australia should develop a National Action Plan on business and human rights which contains specific, forward-looking commitments and clear guidance for Australian business on how to respect human rights in accordance with the UNGPs, including on human rights due diligence and reporting. 12. Australia should strengthen the Australian National Contact Point for the OECD Guidelines for Multinational Enterprises. 13. Australia should expand the scope of the Commonwealth procurement rules to include human rights-related procurement obligations for businesses supplying goods and services to the Australian government from Australia or overseas suppliers. 14. Australia should engage closely with NHRIs and NGOs to ensure a principled and consistent approach to human rights is reflected in its foreign policy. 15. Australia should restore funding to the Australian Human Rights Commission. 16. Australia should establish a Human Rights Advisory Group. 17. Australia should provide additional resources to DFAT to assist in its human rights work. | [Question 1 of the 2017 White Paper consultation] 3.1 Australia’s national interest in peace, security, human rights and the rule of law Australia’s national interest lies in peace and security that can only be achieved through a rules-based international order in which human rights are promoted and protected. As Australia’s Foreign Minister, the Hon Julie Bishop MP, recently stated: “human rights, security, peace and prosperity go hand in hand”.1 This sentiment is not new. It is key to the United Nations Declaration of Human Rights (UDHR), which recognises that the “inherent dignity and…the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”2 Central to Australia’s national interest, therefore, is that it upholds and defends international law, including international human rights, and the multilateral institutions that support it. Australia showed its capacity to be a strong multilateral player that defends human rights during its 2013-2014 seat on the UN Security Council. Indeed Australia made human rights and humanitarian intervention central pillars of its work. Gary Quinlan, then Ambassador and Permanent Representative for Australia to the United Nations, emphasised the connection between human rights and peace and security, stating that “human rights are a central element of the Council’s work”. Debates about the exact jurisdictional demarcations of various UN organs are increasingly anachronistic and sterile in a world where security challenges have obvious political, economic, social and humanitarian dimensions and require multi-dimensional responses.3 It is in Australia’s national interest for it to be principled and consistent in its support for the international rule of law that protects human rights, peace and security. Defence of a rules-based global order is particularly important in a climate in which the United States may step back from pursuing policies and decisions that protect the international rule of law. President Trump has indicated plans to withdraw from a number of important multilateral treaties, including the 1 Minister for Foreign Affairs, The Hon Julie Bishop MP, ‘Human Rights Speech’ presented at the Lowy Institute for International Policy on 12 December 2016, <http://foreignminister.gov.au/speeches/Pages/2016/jb_sp_161212.aspx>. 2 Universal Declaration of Human Rights, GA Res 217A (III) UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) (UDHR), Preamble. 3 Statement by Gary Quinlan, Ambassador and permanent representation of Australia to the United Nations, on 30 April 2014 <http://dfat.gov.au/international-relations/international-organisations/un/unsc-2013-2014/national- statements/Pages/wrap-up-session-april-2014.aspx> . | recently concluded Paris Climate Change Agreement.4 Perhaps even more worryingly, a leaked draft executive order also indicates the Trump Administration may be planning to withdraw or not participate in accountability under the human rights treaties.5 The withdrawal of the United Kingdom from the European Union also signifies a potential shift away from the influence of regional legal institutions. Australia must also lead by example. This means that it must not only defend international law, but also comply with it. Australia’s offshore detention regime, operated in violation of international human rights law, is not only causing serious harm but it undermines Australia’s credibility to defend international law and conflicts with our broader national interest.6 Australia should bring its domestic policies in line with international law to strengthen its position, which should include, at a minimum, closure of the Manus Island and Nauru facilities. To demonstrate its commitment to a global rules-based order, Australia also needs to embrace and promote the various international conflict resolution mechanisms backed by the UN. Australia’s decision to withdraw its recognition of the maritime boundary jurisdiction of the International Court of Justice in 2002 has hampered its ability to settle disputes with its neighbours. It has also undermined Australia’s recent efforts to encourage China to respect independent rulings regarding the international law of maritime territory disputes. Australia is currently a candidate for its first term on the United Nations Human Rights Council and again has an opportunity to become a leader in a global forum.
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