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Download Complete Human Rights and Equal Opportunity Commission Human Rights and Equal Opportunity Commission Human Rights and Equal Opportunity Commission Annual Report 2003—2004 Working towards an Australian society where the Annual Report 2003–2004 human rights are of respectedall , protected and promoted Human Rights – everyone’s responsibility Human Rights – everyone’s responsibility Cover.indd 1 8/09/2004 4:31:29 PM 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 members 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 fundamental 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 fundamental 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. Cover.indd 2 8/09/2004 4:31:29 PM Human Rights and Equal Opportunity Commission Annual Report 2003–2004 HREOC_Annual Report_03-04.indb 1 9/09/2004 10:51:44 AM © Human Rights and Equal Opportunity Commission 2004 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 2003–04 Annual Report is available on the Commission’s website at: www.humanrights.gov.au/annrep03_04/ HREOC_Annual Report_03-04.indb 2 9/09/2004 10:51:44 AM 9 September 2004 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 2004, 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 HREOC_Annual Report_03-04.indb 3 9/09/2004 10:51:45 AM Contents Significant achievements 5 Statement from the President 6 Chapter 1: The Commission 13 Chapter 2: Human rights education and promotion 23 Chapter 3: Monitoring human rights 41 Chapter 4: Complaint Handling Section 49 Chapter 5: Legal Services 89 Chapter 6: Aboriginal and Torres Strait Islander Social Justice 109 Chapter 7: Disability Rights 127 Chapter 8: Human Rights 137 Chapter 9: Race Discrimination 147 Chapter 10: Sex Discrimination 159 Chapter 11: International Activities 173 Appendix 1 International Instruments observed under legislation administered by the Human Rights and Equal Opportunity Commission 177 Appendix 2 Commission publications released during 2003–04 180 Appendix 3 Freedom of Information 182 Appendix 4 The complaint handling process 184 Appendix 5 Human resources and administrative services 185 Commonwealth Disability Strategy 189 Financial statements 199 Index 227 4 HREOC_Annual Report_03-04.indb 4 9/09/2004 10:51:48 AM Significant achievements • Launch of A last resort? The report of the National Inquiry into Children in Immigration Detention in states and territories around Australia. See page 140. Listen: national consultations – عLaunch of summary report Isma • with Arab and Muslim Australians at events throughout Australia. See page 150. • Release of a package of materials on workplace sexual harassment, including: 20 Years On: The Challenges Continue: Sexual Harassment in the Australian Workplace; A Code of Practice for Employers; and A Bad Business: Review of Sexual harassment in employment complaints 2002. See page 165. • 38 percent of finalised complaints were conciliated. See page 50. • Release of new Commission video/DVD titled ‘Pathways to Resolution: The conciliation process of the Human Rights and Equal Opportunity Commission’. See page 53. • Publication of ‘Federal Discrimination Law 2004’. See page 102. • The Bringing them home education module released for use in Australian schools. See page 35. • Over 4 392 429 page views on the Commission’s website during 2003–04. See page 30. • An increase of 7 400 self subscribers to the Commission’s electronic mailing list service. See page 30. • There were over 2 550 media enquiries to Public Affairs during 2003–04, including over 600 media interviews arranged for the President and Commissioners. See page 25. • Continued progress towards the adoption of Disability Standards on access to premises and education. See page 132. • 320 Action plans submitted under the Disability Discrimination Act (an increase of 44 from last year’s total). See page 133. • A series of community workshops on Indigenous rights conducted across Australia with Aboriginal and Torres Strait Islander Services. See page 120. • A high level of interest and enrolments in the National Indigenous Legal Advocacy Courses (NILAC). See page 124. 5 HREOC_Annual Report_03-04.indb 5 9/09/2004 10:51:52 AM Statement from the President It is now just over one year since I took up my appointment as President of the Commission. During this time, the world’s attention has been focussed on the international terrorist threat and how governments, including our own, can contain and counter that threat. In Australia, the Commission has been mindful of the fact that any counter-terrorism measures must be enacted and administered in accordance with existing domestic and international laws, including human rights laws. Indeed, strengthening respect for and The Hon. John von Doussa, QC compliance with human rights standards is President an essential component of a comprehensive Human Rights and Equal response to terrorism. Opportunity Commission Human rights standards are among the foundation stones of our functioning democracy. If we seek to justify the sacrifice of particular rights in an attempt to safeguard our society, such as the right to a fair hearing, we risk foregoing the very rights that are essential to the maintenance of the rule of law. Equally, if we fail to strike the right balance between national security objectives and respect for human rights standards, we jeopardise the very security we so value. As the body with a statutory responsibility to ensure the observance of human rights in Australia, much of the Commission’s work over the last year has involved vigorously defending human rights standards before the Parliament and the Courts. The Parliamentary Committee process is the main forum for the Commission to fulfil its statutory responsibilities to assess legislative proposals for their compliance with human rights standards and to foster debate and greater awareness about human rights in the community. The Commission has also contributed to other law reform processes by drawing attention to the human rights implications of proposed changes. This included providing submissions to various stages of the Australian Law Reform Commission Inquiry into the 6 HREOC_Annual Report_03-04.indb 6 9/09/2004 10:51:56 AM protection of classified and security sensitive information, and the federal Government’s Migration Litigation Review. Details of the submissions made to these bodies are contained in Chapter 3 of this Report. The Commission has actively sought to ensure that Australian law develops in a manner consistent with human rights standards. Our involvement in court proceedings is predicated on the matter involving issues of public importance that extend beyond the parties before the Court. We continue to find that our role in legal proceedings, either as an intervener or as an amicus curiae (friend of the court), is also an important element of our human rights education work, as it demonstrates how universal human rights principles may be applied to resolve issues before domestic Courts. During the last year, Commissioners were granted leave to appear as amicus curiae in four matters relating to pregnancy and family responsibility, sex discrimination, racial vilification and disability discrimination.
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