NEWSLETTER

World’s Leading Economist, World Vision CEO Talk Poverty

NEWS A large audience was on hand at the nal thinker promoting innovative but offices of Clayton Utz in February to research based ways of alleviating the hear Professor Jeffrey Sachs and Tim plight of extreme poverty". FLASH Costello discuss solutions to the Professor Sachs has worked as a con- world’s poverty crisis. sultant for many countries, including Professor Sachs, director of the Earth Bolivia, Poland, China and Tanzania Institute at Columbia University, has and he discussed many of his experi- Dalai Lama been labelled by the New York Times ences in those countries. In particular, “the most important economist in the he addressed the concept of the world” for his groundbreaking work “ladder of opportunity”, which the to deliver on poverty in developing countries. He poorest countries must get one foot appeared via satellite from New York on in order to begin to develop. and was introduced by Tim Costello In his introduction, Mr Costello stated public lecture AO, head of World Vision Australia. at Castan Centre, 8 June 2007.

See page 3 for details.

The Castan Centre was established by the Monash University Law Tim Costello AO introduces Jeffrey Sachs on the big screen. School in 2000 as an independent, non-profit organisation committed Because of time differences, the event that, whereas Bono and Bob Geldof to the protection and promotion of was held prior to work and Clayton are the heart of the global poverty human rights. Utz provided a breakfast for the event, movement, “the heart would be noth- which was fully subscribed within ing if there wasn’t the head and I re- Through research and public edu- hours of being announced in Decem- gard Jeffrey Sachs and his thinking, his cation, the Centre generates inno- ber. Clayton Utz partner, Brad Vann, commitment, his intellect as really the vative theoretical and practical ap- said that his firm was very happy with head of this whole movement.“ Those proaches to understanding and the morning. "We were delighted to who were at the event would heartily implementing international and team with the Castan Centre to pro- agree. domestic human rights law. vide a forum for Professor Sachs given his outstanding reputation as an origi- For a detailed report of Professor Sachs’ lecture, please turn to page 7.

Castan Centre for Human Rights Law, April 2007

Castan Centre News

Students Write Wrongs in Human Rights Essay Competition By Anthony Capone against the statement, or can elect to awareness and understanding reflected examine both sides of the issue. The in the essays submitted. Tom Ballard, Monash University Law School, in con- same topic will be the focus of argu- of Brauer College in Warrnambool, junction with the Castan Centre for ment between top Monash Law alumni took out last year’s top prize. Human Rights Law, is again conducting at the 2007 Great Law Week Debate, the Writing for Human Rights essay to be held on 16 May. The debate is an This year’s winners will be invited to competition for Year 11 and 12 stu- annual event run in conjunction with attend the Great Law Week Debate dents. Young people from across Vic- the Law Institute of Victoria as part of where they will be presented with toria are given the opportunity to en- Law Week (13 – 19 May) 2007. their prizes. gage in a current and contentious hu- man rights topic, with an eye to raising Last year’s competition sparked more The Monash University Law School awareness of human rights and gener- than 100 entries from students all over and the Castan Centre look forward ating discussion in schools. Victoria and organisers are looking to another successful year of “human forward to even more entries this write-ing” that may inspire others to In 2007, students will be discussing year. The judging panel from last year become involved in seeking justice and whether “freedom of speech has gone remarked that they were very im- a fair go for all. too far”. Students may argue for or pressed by the level of human rights

Castan Centre Torture Handbook Launched in Geneva tools in the fight to eradicate torture “Each act of torture and ill-treatment, and hold those who are responsible inflicted by one human being upon an- for such acts to account. The purpose other, permanently scars all those touched of the handbook is to give a voice to by it and destroys our sense of common victims, as stated by Manfred Nowak humanity.” United Nations Special Rapporteur on Torture, in the foreword to the hand- Manfred Nowak, UN Special Rapporteur on Torture. book “…the fight against torture and ill-treatment is fuelled and strength- Carin Benninger-Budel, Katie Mitchell & In late November of 2006 Professor ened by the courage of those who Sarah Joseph at the book launch in Geneva Sarah Joseph, Director of the Castan speak out against it. These voices are Centre and Katie Mitchell, Program critical to the struggle against torture Officer at the Castan Centre partici- member of the U.N. Committee on and other forms of ill-treatment be- pated in the launch of “Seeking Reme- Economic, Social and Cultural Rights, cause they remove acts of torture dies for Torture Victims: A Handbook Markus Schmidt from the OHCHR, from the darkness and bring them into on the Individual Complaints Proce- Boris Wijkström, OMCT Legal Advi- the light, exposing them for what they dures of the UN Treaty Bodies" at the sor and the authors Professor Joseph are and seeking to hold those who University of Geneva. The handbook and Ms Benninger-Budel. perpetrate them accountable.” was co authored by Professor Sarah Joseph, Carin Benninger-Budel, Katie The handbook series has been trans- The Handbook can be purchased through Mitchell and Linda Gyorki and is the lated into French, Spanish, Arabic and the OMCT website (www.omct.org). fourth in a series published by the Russian and represents a new set of World Organisation Against Torture. The handbook aims to assist victims of torture by demystifying the jurispru- dence and procedures of the UN Hu- man Rights Committee, Committee Against Torture and the Committee on the Elimination of Discrimination Against Women and thereby increas- ing access to justice.

An experienced panel of human rights (L-R) Boris Wijkström, OMCT Legal Advisor (Series Editor), Markus Schmidt, OHCHR, Eric experts spoke at the launch regarding Sottas, Director of OMCT, Prof. Giorgio Malinverni Professor of Law University of Geneva & various aspects of these UN bodies, Member of the U.N. Committee on Economic, Social and Cultural Rights including Professor Giorgio Malinverni

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Castan Centre News

Dalai Lama Visit to Castan Centre Sold Out The Castan Centre, in conjunction he worked to build dialogue between awarded the Nobel Peace Prize in with the Australia Tibet Council, is the Dalai Lama and the leaders of the 1986 for his non violent efforts in pur- proud to announce that His Holiness People's Republic of China. Tibetan suing the liberation of Tibet. As docu- the Dalai Lama will present a keynote self-determination is a right that the mented on his official website the address to the centre on 8 June at the Dalai Lama has been promoting and Dalai Lama has travelled to more than Robert Blackwood Hall, Monash Uni- fighting for since his exile from Tibet 62 countries, ”he has received over 84 versity. The event was sold out within to Dharamsala, India in 1959. Born on awards...and has authored more than two days of tickets going on sale. 6 July 1935, he was found to be the 72 books.” fourteenth Dalai Lama at the age of This is the Dalai Lama’s second visit to two, and he became Tibet’s head of The CEO of the executive committee Australia in five years. During his last state in 1950. The Dalai Lama was organising the Australian tour, Dr. visit, he received much support from Allan Molloy, said “His Holiness has the Australian public, and it is ex- three important messages to convey, pected that during this year’s visit, and our goal is to have those messages approximately 200,000 people will heard by as many Australians as we hear him speak around the nation. possibly can. Besides, anyone who has ever been in close proximity to the His Holiness had a collaborative rela- Dalai Lama will testify to his amazing tionship with Ron Castan, after whom presence. You can’t see him and not our centre is named. Ron had a pas- be somehow moved.” The Dalai Lama sionate concern for the rights of the will be joined on stage by a panel of Tibetan people and during the 1960s His Holiness, the Dalai Lama eminent Australians. Positive Changes in Wadeye By Katie Mitchell However the Council represents a development. new era for the community as it works In the Northern Territory township of towards building the capacity of the Sean Bowden, Thamarrurr’s legal ad- Wadeye, change is in the air. The Thar- young people of Wadeye. The Council, viser, has pointed to the results so far marrurr Regional Council, established in with the support of the Castan Centre which include a commitment from the 2003, has steadily worked to merge tra- and Arnold Bloch Liebler (ABL), is Northern Territory of $5.6 million for ditional and contemporary structures of focusing on improving the educational infrastructure development at the pri- governance to create a central voice in opportunities for young people in the mary school and $4 million towards the community. This Council presents a community. Current data has revealed the construction of a secondary positive opportunity for the community that, for every dollar spent on the edu- school. to reclaim its ability to enjoy a degree of cation of a child in the Northern Terri- self determination and to heal some of tory, just 47 cents is spent on the edu- He explained that “we have broken the fractures which have emerged within cation of a child in Wadeye. new ground in terms of understanding the community. and challenging the way education is Ms Melissa Castan, and David Yarrow delivered (or isn’t delivered) in the These fractures are deeply embedded of the Castan Centre, and Peter Seidel Thamarrurr region. We have now and can be traced back through the his- of ABL have been working closely with engaged with decision makers at the tory of Wadeye. In the 1930s a Catholic the Council to address and to remedy highest level. The Prime Minister and mission was established in the area, se- this gross inequality. Ms Castan com- Chief Minister of the Northern Terri- verely compromising the ability of clan ments that “the failure to provide basic tory are personally engaged in these leaders to govern the community. The education is a fundamental violation of issues and the Prime Minister has indi- feeling of disempowerment and growing human rights.” Action taken by the cated a very significant policy shift, sense of dislocation within the commu- Castan Centre, ABL and Tharmarrurr which is the basis for future efforts at nity was exacerbated by the “protection Council has included investigating and, reform. The importance of this work era” and the various Acts of Parliament if necessary, pursuing litigation options should in no way be underesti- which further undermined their auton- against those responsible for the un- mated. It is still a work-in-progress, omy and ability to enjoy and practice der-funding of education in the but the Arnold Bloch Leibler-Castan their culture. The impact of these ex- Thamarrurr region. Further, assistance Centre-Thamarrurr Council alliance is periences upon the community has been with corporate governance and leasing shaping as a very effective one. It has devastating, undermining their ability to issues has been provided and corpo- certainly given Thamarrurr great confi- exercise control and influence over the rate entities have been established for dence and some renewed faith that it direction of their lives. the purpose of economic and social is not alone.”

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Castan Centre News

Hawaii Conference Calls for Change In early January of this year a group of Panellists from Monash University in- of the Centre Mr David Yarrow, were leaders, academics and activists gath- cluded Professor Lynette Russell, instrumental in organising the confer- ered together to create and discuss Chair of the Centre for Australian ence and were thrilled with the col- strategies for advancing the rights of Indigenous Studies at Monash & Di- laborations and exchanges which un- Indigenous people both now and in the rector Monash Aboriginal Programs. folded over the two days. The success future. This ground breaking confer- Other eminent panel members in- of the conference is well captured by ence, co-hosted by the Castan Centre cluded the Deans of Hawaii, Colorado, Melissa. “This is the first time these and the Center for Excellence in Na- and UC Hastings law schools, as well experts have been able to meet to- tive Hawaiian Law at the William S. as Professors Lindsay Robertson and gether: the focus and energy which the Richardson School of Law, took place Rebecca Tsosie from the USA, Profes- panellists brought to the conference over two days at the University of sors Brad Morse and Kent McNeil generated some very original and prac- Hawai‘i at Mānoa. from Canada and UH Manoa School of tical approaches to the topics under Law Professor Jon Van Dyke. discussion and provided a fertile The conference entitled “Federalism ground for future collaborations and and the Rights of Indigenous Peoples: Sessions addressed issues such as; Suc- approaches to these issues. It was cer- Comparative Principles and Strategies” cesses and Challenges in Structuring tainly an inspiring event to be a part of invited panellists to engage in a critical Indigenous/Government Relationships, and I look forward to the next one!” review of federalism, distribution of Models of Sovereignty and Intergov- The Castan Centre is grateful for the legislative powers and to share ideas ernmental Relationships and issues support received from the Monash relating to self determination. The relating to resources such as Land, North American Steering Committee, panellists came from all over the Waters, Wildlife, Taxation and Reve- and the School of Law, at the Univer- world, including Canada, New Zealand, nue, and Governance. sity of Hawaii, particularly Professor Hawaii, , the United States and Austra- Melody MacKenzie, and Susan Serrano, lia providing the unique opportunity Deputy Director of the Castan Centre without whom the conference could for an exchange of experiences and Ms Melissa Castan, as well as Associate not have taken place. perspectives from all across the globe. Mooting Takes a Human Rights Focus The Castan Centre recently an- will be provided with generous cash this area." nounced the launch of a Charter of prizes of $3000 and $1000 each. Human Rights Mooting Competition. The moot will be open to all senior Castan Centre Deputy Director Paula Victorian law students. Each law This annual event is being sponsored Gerber, who developed the idea for school will be allowed to enter two by law firm Clayton Utz and involves the moot and will oversee it's imple- teams in the competition, comprising students preparing and arguing cases mentation, said "as part of our man- of Senior and Junior Counsel, and in- using different sections of the new date to promote human rights educa- structing solicitor. There will be two Victorian Charter of Human Rights and tion, the Castan Centre considered it preliminary rounds, followed by semi Responsibilities Act (2006). vital to initiate a skills based competi- finals and finals, which will be judged tion focussing exclusively on human by pre-eminent members of Victoria’s The competition, to be held from 22 rights. In the coming years, the Char- legal fraternity. to 31 August 2007, will be the first ter will become an integral part of all moot of its kind and is open to teams Victorian lawyers’ practices, and it is For more information, see the Castan from each of the five Victorian law essential that students are given op- Centre website. schools. The winners and runners-up portunities to develop their skills in Database to Feature all Human Rights Subjects Taught at Monash

By Anthony Capone Centre for Human Rights Law ate unit Welfare Law, Rights and Ethics. webpage. The construction of an online database The database will be an essential re- outlining all human rights subjects of- Human rights is a relatively large disci- source for students wishing to study fered at Monash University is under- pline at Monash, cutting across many or specialise in human rights. In addi- way The database will list human rights faculties including Medicine, Arts and tion, the exercise may lead to the for- units offered at all Monash University Law. For example, the Faculty of Medi- mation of a network of Monash Uni- campuses, both at undergraduate and cine offers the postgraduate subject versity academics specialising in human postgraduate levels. The catalogue of Health, Ethics and Human Rights and the rights, and to cooperative interdiscipli- subjects will be linked to the Castan Faculty of Arts offers the undergradu- nary research projects. 4 Castan Centre for Human Rights Law, April 2007

Castan Centre News

UK Rights Experts, Burnside QC to Teach at Monash As Victorian practitioners grapple with Visiting Professor of Law at the Lon- editor of the Cambridge Yearbook of the new Charter of Human Rights and don School of Economics. He is a European Legal Studies and is a former Responsibilities ahead of its full appli- (part-time) Recorder of the Crown fellow of Magdalene College Cam- cation in 2008, two UK human rights Court and a Deputy High Court Judge. bridge and deputy director of the Cen- experts are winging their way to Aus- He is the author of a book The Future tre for European Legal Studies in the tralia to teach an intensive course on of Human Rights in the UK and of arti- Cambridge Law Faculty. She holds a the topic. Comparative Bills of Rights cles in Public Law, Judicial Review and PhD from the European University will take place at the Monash Law the European Human Rights Law Review. Institute in Florence, Italy, a Bachelor Chambers in the city from 2-8 August He has appeared in many of the lead- of Arts from the University of Queen- this year. It is being offered as part of ing cases on the UK's Human Rights sland and a Bachelor of Laws with hon- the LLM (Human Rights) but can also Act since it came into force in 2000 ours from the Australian National Uni- be undertaken as a single subject, with including cases in the House of Lords. versity. She is a fellow of the British or without formal assessment. Institute of International and Com- Dr Ward practises at the London Bar, parative Law, and the author of over Eminent barrister Julian Burnside QC specialising in European Union law and 25 books and articles on EU law and will be a guest lecturer for the subject, human rights law. She has appeared at human rights law. which will be principally taught by all levels of the United Kingdom judici- Rabinder Singh QC and Angela Ward. ary, from the House of Lords to mag- For further information, email gradu- istrates courts, and has also petitioned [email protected] or go to Mr Singh is a practising barrister at the European Court of Human Rights www.law.monash.edu.au/postgraduate/ Matrix Chambers in London and a in Strasbourg. She was the founding

Castan Centre Welcomes New Deputy Directors and Associates The Castan Centre is delighted to an- Adam, a lecturer, joined the law fac- 2006, Azadeh and Tania penned an nounce the appointment of two new ulty from Deakin University in 2006 influential submission to a parliamen- Deputy Directors and a number of and, prior to that, was a Castan Cen- tary inquiry investigating the Howard associates to the centre. Susan Knee- tre postgraduate research fellow. He Government’s proposed new migra- bone, who was also appointed a pro- is currently completing his thesis on tion laws; David commenced a large fessor on 1 January 2007, and Adam the application of international human capacity-building project with Melissa McBeth are the new Deputy Direc- rights law to non-state economic ac- Castan for Native Title Representative tors. They join Julie Debeljak, Melissa tors such as the World Trade Organi- Bodies; and Patrick arranged a round- Castan and Paula Gerber. sation, World Bank and corporations. table conference on terrorism and He has also published on globalisation, human rights. Professor Kneebone is an authority on human rights and international law. refugee issues and has published widely The Castan Centre is delighted to in the area, including the book The The centre has also appointed Azadeh have its new members on board. Refugees Convention 50 Years On: Glob- Dastyari, Tania Penovic, David Yarrow alisation and International Law. She has and Patrick Emerton as associates of For profiles of our new associates, and a also published widely on administrative the centre. Each of the new associates Q&A with Susan Kneebone, see page 17. law and tort liability. are members of academic staff who Our Q&A with Adam McBeth was pub- assist the centre on a regular basis. In lished in last year’s March newsletter.

Human Rights Training Courses Going Strong The new Charter of Human Rights and VHREOC has a unique mandate to the JCV - which is responsible for the Responsibilities has generated a high educate the community about human continuing education of all of Victoria’s degree of demand from professional rights, so training has focussed partly judges and judicial officers - is being bodies for training on the Charter’s on creating a group of people capable provided with training focusing on meaning and likely effects. This de- of delivering training to community those parts of the Charter most rele- mand has led to the centre conducting groups. To complement this effort, vant to judges, in particular those sec- in-depth training courses for both the the centre has developed appropriate tions giving judges the power to de- Judicial College of Victoria (JCV) and materials and case studies for non- clare law incompatible with the Char- the Victorian Human Rights and Equal legally trained people, much of which ter or to interpret laws in such a way Opportunities Commission will eventually be freely available on as to make them compatible. (VHREOC). the VHREOC website. In contrast,

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2007 Interns Head to Three Continents The Castan Centre Global Internship Program

By Madhavi Ligam On the other side of the globe in Europe, Megan Barnett began her three month internship in November at the Inter- The Castan Centre Global Internship Program has again at- national Tribunal for the Former Yugoslavia in the Hague. tracted four outstanding Monash Law students, who are cur- Established in 1993, the Tribunal was created by the United rently on assignment in Europe, Asia and North America. Nations to bring to justice persons who committed human The program, which has been running since 2005, aims to rights violations in the territory of the former Yugoslavia. send exceptional students to some of the world’s leading Like Laura, Megan’s penchant for human rights and interna- human rights institutions. tional law has encouraged her to do a variety of volunteer work in Australia and over- In November 2006, Rachael seas. In 2004, she worked in Hopkins became the first HIV/AIDS affected parts of Castan Centre intern to South Africa where she lived travel to Malaysia to work in a foster home with 92 Zulu with International Women’s children. Through the Red Right Action Watch, Asia Cross, Megan worked with a Pacific. IWRAW focuses on remote aboriginal community using human rights law to on the Tiwi Islands. She has fight discrimination against also volunteered with the Vic- women. One of its primary torian Aboriginal Legal Service goals is to encourage coun- and other advocacy organisa- tries (including Australia) to tions. ratify the Optional Protocol to the Convention on the Finally, Bridi Rice will begin Elimination of All Forms of her internship with the Aus- Discrimination Against tralian Delegation to the Women (CEDAW), which United Nations Human Rights allows women to make indi- Council in Geneva in March, vidual complaints to the UN. 2007. This forum allows mem- Throughout her university ber states of the UN to nego- studies, Rachael has been a tiate on human rights issues. passionate advocate of Bridi has a passion for interna- women’s rights. In 2004, she tional humanitarian law and completed her Honours dis- international criminal law sertation on women’s rights which can be seen from her and sexuality with the private extensive experience with and public sphere. She also various international organisa- volunteered at the Women’s tions. She worked for a Ugan- Legal Service Victoria and at dan NGO, Beroya, as a human Monash-Oakleigh Legal Ser- rights case researcher, devel- vice. opment consultant and legal educator. Laura Tang, a final year Psy- chology/Law student, also left (L-R) Bridi Rice, Megan Barnett, Laura Tang and Rachael Hopkins While in Africa, Bridi was a Australia in November 2006 guest speaker for the East Af- to begin a three month in- rican World Bank retreat ternship at Human Rights First in New York. Established in delegation, an experience which she used to complete an 1978, Human Rights First strives to advance justice and re- internship with the Red Cross in which she examined the spect for the rule of law. Its strong focus on the plight of conflict in Northern Uganda. Bridi has spent the first three refugees particularly encouraged Laura, who has worked months of this year working in Cambodia where she has closely with community organisations in Australia and over- been an intern at the nascent Khmer Rouge Tribunal, which seas, to apply for this internship. She was Secretary of the is a hybrid international/domestic court. Monash Charity Group, and volunteered at Sacred Heart Mission and the Monash-Oakleigh Legal Service. In 2004-05, The Castan Centre hopes to offer five internship positions in Laura spent two months teaching English and Art to under- 2008 and is currently negotiating with a number of possible privileged children at the Parikrma Humanity Foundation in host institutions. The internships are open to eligible Bangalore, India, before heading to London where she volun- Monash Law students, who receive funding from the Law teered for Save the Children UK. School’s Student Travel Fund. Laura and Rachael’s reports are on pages 10 and 11.

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Global Poverty Campaigner Speaks Out World’s Leading Economist Addresses Castan Centre via Satellite

By Lucinda Bradlow argued that once private citizens were informed of the op- portunities for practical assistance, more than 100 million The case for “making poverty history” has been plagued by dollars was donated to the Millennium Villages Project. So criticism and scepticism, with many arguing that it is an un- far, the project has helped about 500,000 people. While pri- achievable goal. Nevertheless, in an increasingly globalised vate donations are important, Professor Sachs suggested the world there is no excuse for extreme poverty. This was the main idea is that the private sector donates 0.3 per cent of inspiring message of Professor Jeffrey Sachs, labelled by Time the GNP, and the public sector 0.7 per cent of GNP, and Magazine in 2005 as one of the 100 most influential people, consequentially, 1 per cent of each rich nation’s GNP is do- in his video lecture at Clayton Utz on the 7th of February. nated annually. The donation requirements are modest at Professor Sachs is Director of the Earth Institute at Colum- most, and as Professor Sachs points out, should be given out bia University, Director of the United Nations Millennium of common decency. Crucially, Professor Sachs notes that Project and Advisor to the United Nations Secretary Gen- the requirements for aid do not ask the rich to stop being eral on the Millennium development goals and author of the rich! enlightening book, The End of Poverty. The question that begs to be answered is why, after thirty- Professor Sachs argued that extreme poverty can be eradi- seven years, have the donations of aid not reached their tar- cated. He explained the current situation whereby the get? Professor Sachs points out that many Governments and world’s poor are trapped in a cycle of poverty, where low individuals have a “congenital fear of the poor” and a productivity means that all their earnings go into a basic “pseudo sophisticated scepticism” that aid doesn’t work. In struggle for survival. Professor Sachs showed us that answering a guest’s question, Professor Sachs elaborated on through listening to “people that understand the structural the fear the rich feel towards the poor, arguing that they challenges that very poor people face” we can recognise don’t want to think about the poor, because they are scared what is needed to end the poverty cycle. He suggested that, the poor will bring them down too. The rich feel the prob- with provision of basic infrastructure and health care, indi- lems of the poor are too overwhelming to tackle, and that viduals and communities can remove themselves from the attempting to help will only result in abuse and risk. Further- cycle. Perhaps most importantly, Professor Sachs enlight- more, Professor Sachs suggests the fear is interconnected ened us about the humbling needs of the extreme poor and with deep-seated racial issues that still linger in today’s soci- the very achievable ways of helping them. ety. Perhaps the most argued reason for withholding aid is that many African nations are under extremely corrupt re- “Rich” Governments across the world promised in 1970 to gimes, and therefore the aid does not go to those who need donate 0.7 per cent of their Gross National Product (GNP) it. Professor Sachs suggests that most countries are in fact to development assistance. However, Professor Sachs somewhat corrupt, but corruption can be overcome if there pointed out of the 240 billion dollars of aid promised last is a robust economy to withstand it. He also argues that year, well under 100 billion was donated and of that, a sig- much of the corruption stems from dealings with rich na- nificant percentage went to aid war zones (including Iraq), tions and these too could be overcome if productivity was leaving the whole of Africa with approximately 25 billion generally higher, and people did not need to bargain basic dollars of aid for the year. Furthermore, it is not the case human rights for money. Professor Sachs also notes that in that the rich countries cannot afford more. President Bush fixing these nations’ infrastructure, aid must be rigorously has made a budget request for 650 billion dollars for military managed to ensure it is going to those who need it. There is spending in the 2008 fiscal year, which amounts to more a great deal of truth in Professor Sachs’ argument that cynics military spending than the rest of the world combined. Sachs are the “laziest thinkers of all,” their excuses are futile, and don’t even begin to cover the many benefits adequate aid could have.

In his lecture, Professor Sachs presented a revealing example of how easily the poverty cycle can be stopped. In early 2006 the United States donated a few million dollars to the Tanza- nian Island of Zanzibar to help eradicate malaria, the greatest child killer in the region. Within a year, from drugs that cost a little under a dollar a dose and preventive measures such as bed nets, the malaria rate in the area was reduced by ninety-nine per cent. Ending extreme poverty is, of course, an extremely complex process. But Professor Sachs made clear to us all the fact that many practical things can be done to start the process, and these things do not take significant amounts of our resources, and should be justified, at the very least, by common morality and care for our fellow man. Brad Vann, of Clayton Utz, thanks Jeffrey Sachs for his contribu- tion Professor Sachs’ speech was sponsored by Clayton Utz.

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Annual Conference Reviews the Big Issues of 2006 2006: The Year in Review

By Katie Mitchell The conference also had a strong regional focus. Alex Tilman explored issues of justice for East Timor, giving both a his- The Castan Centre’s annual Year in Review conference was torical perspective and personal insight into the situation a challenging and exciting event as human rights experts and currently facing East Timor. Dr Scott Burchill examined how activists took to the podium to share their perspectives and the Australian government has sought to “avoid the obvious expertise on prominent human rights issues of 2006. implications of its own findings” in relation to the granting of 43 temporary protection visas to West Papuan asylum seek- The conference opened with two international guests, Mr ers. Scott drew some parallels between the situation in East Malcolm Langford and Mr C. Raj Kumar. Malcolm addressed Timor and West Papua and observed that, as in the case of the extent to which human rights offers a coherent frame- the East Timorese, “anyone with a view on the subject is work for reshaping our understanding and response to the consulted except those with a primary interest in it - the world water crisis. He opened by “disentangling” the mean- West Papuans. The only question never asked is the only ing of the term “world water crisis”, highlighting the multi one worth posing: what do the people of West Papua want?” dimensional impact of the crisis and the factors perpetuating He noted the opinions and responses of various politicians it. The development of the right to water as an international and leaders in the community and concluded that “our re- human right was also examined with a focus on the position sponsibility is to see that the West Papuans get the opportu- of the UN Committee on Economic, Social and Cultural nity to make their own choices.” Rights. Malcolm suggested that “while legal action plays a role in monitoring government performance, there is a clear Ms Azadeh Dastyari then exposed the dark history of off- need for clear legislative frameworks and sufficient political shore processing of asylum seekers. Azadeh took us will and civil society mobilisation together with international through the history of this phenomena, starting with the support.” Raj explored the impact of corruption in South Haitian Migration Interdiction Program instituted by Presi- Asia from a human rights perspective. Although acknowledg- dent Reagan and continuing under the presidency of G.W ing the devastating impact of corruption on human rights Raj Bush and Clinton. This approach was then adopted in Aus- was optimistic about what could be achieved through a com- tralia under the Howard Government who introduced an bination of rights-based strategies including expanding our offshore processing model “with striking similarities” to the language to include corruption-free governance as a funda- US model, in both Nauru and Papua New Guinea. Azadeh mental and non derogable human right. explored some of the consequences and costs of offshore processing and the political motivation driving this approach, “Australian and US policies of offshore processing were both instigated to deny asylum seekers rights enjoyed in Austra- lian and US territory.” Azadeh suggested that “instead of adopting the ‘US model’, Australia should aspire to a truly ‘Australian model’, one that is more humane, cost effective and just for refugees.”

The way in which the mentality of the “war on terror” has shaped Australia’s counter terrorism legislation was ex- plored by Dr Joo-Cheong Tham who highlighted the “perils

Joo Cheong Malcolm Langford, Sarah Joseph and Raj Kumar share a joke

8 Castan Centre for Human Rights Law, April 2007

of countering terrorism by eroding human rights”. The pres- entation explored the government’s defence of these new laws, raising questions as to the logic and validity of these arguments. Joo-Cheong then critically analysed a selection of these new laws in light of the central three aspects of law which give them their power. That is; “the wide statutory definition of a terrorist act… powers conferred on the gov- ernment to ban terrorist organisations [and] unprecedented powers conferred on security and police organisations.” He noted that this current approach “endangers human rights” and may also “undermine its purported agenda to counter terrorism.” Highlighting the contrasting approach of the UN and international human rights treaty bodies he urged that “terrorism be understood in its broader context and ad- dressed primarily by non-coercive and inclusive measures founded on the principles of justice, equality and solidarity”. Scott Burchill gets a hearty laugh from Susan Kneebone The question of where to limit one human right in order to serve or protect another is rarely answered with ease. Rather it often resembles a fine balancing act between the Charter promotes parliamentary sovereignty at the expense needs and rights of one individual or group with another. of rights protection.” Dr Carolyn Evans explored the grey terrain between ban- ning hate speech and freedom of expression in democratic Paula Gerber addressed the vital and fundamental issue of societies. Carolyn looked at these questions within the con- human rights education. Noting that education about human text of religion, drawing on the experience of the Danish rights is mandated in various international human rights in- Cartoon controversy as a recent example. Whilst acknowl- struments Paula explored the gap between this right to edu- edging the damage and danger of hate speech, Carolyn asked cation and the reality of human rights education in secondary whether the “more difficult, time-consuming, expensive schools. Paula drew on the results of an empirical study con- methods of building trust and respect between people of ducted in secondary schools in Melbourne and Boston (USA) different religious viewpoints will not ultimately be at least as to illustrate the current status of human rights education in successful as banning hate speech and far less problematic schools and the obstacles which impede upon human rights from a rights point of view.” education. This closing presentation was reminded us that the future of human rights lies with the next generation. It is Adding a local flavour to the conference Dr Julie Debeljak the youth of today who will determine the human rights cul- scrutinised the Victorian Charter of Human Rights and Re- ture of tomorrow and its role in the local and international sponsibilities and in particular examined the way in which it sphere. As the conference illustrated, there is a wealth of aims to preserve parliamentary sovereignty and promote knowledge and a strong movement for human rights across dialogue. Julie outlined the manner in which the Charter the globe. It is this knowledge and passion which must be restricts the power of the judiciary to “interpretation and passed to future generations. non-enforceable declaration only rather than conferring powers of judicial law-making or invalidation” in an attempt 2006 Human Rights The Year in Review was proudly supported to maintain parliamentary sovereignty. However she sug- by Mr Salvatore Malatesta and Holding Redlich. Conference pa- gested that these restrictions may not fulfil the purpose they pers are available on the Castan Centre website and the refereed set out to achieve outlining three central areas which are conference publication will be available for sale from the Castan likely to cause difficulty and produce a situation where “the Centre in April 2007.

Alex Tilman speaks while Professor Susan Kneebone, Dr Colin Peter Redlich introduces Malcolm Langford, a Holding Redlich Burchill and Azadeh Dastyari listen on Distinguished Visiting Fellow Castan Centre for Human Rights Law, April 2007 9 Helping Asylum Seekers Through the U.S. Legal System Laura Tang’s Global Internship with Human Rights First, New York

By Laura Tang human rights conditions in the relevant country, both in the period leading to their flight from persecution and at the “Organizations are more frequently coalescing around particular present time. I found this work engaging and interesting; problems, particular actions; and international organizations are first because of the close contact I had with each client, and trying to invent ways to be more thoughtful about how they are second because the personal circumstances of each client doing their work.” – Arthur C. Helton made their claim an essentially unique one. Over the years, HRF has represented refugees from more than 80 countries The late Arthur C. Helton, a New York lawyer and human and the only constant of the Program is that the nationality rights activist, and the legendary force behind the Refugee of the next person to walk through the door is always un- Protection Program at Human Rights First, made this state- predictable. ment while describing broad trends of international human rights organizations. Helton’s words aptly describe the way One research project I worked on concerned the detention HRF works. During my time there, I observed a strong em- of asylum seekers. The United States has mandatory deten- phasis on resource-sharing and col- tion, akin to Australia’s policy, for laboration with other organizations, asylum seekers who arrive without such as Amnesty International USA, documentation. They are often Human Rights Watch and Physi- kept in large detention facilities, cians for Human Rights. Together, but in some areas they are housed these organisations often lobby in county and local jails. HRF is Congress and Governments, file planning to submit a petition to the amicus briefs, and mount campaigns Department of Homeland Security and appeals; and behind every ac- and the Department of Justice to tion there was a clearly deliberated codify parole guidelines for de- process. tained asylum seekers. This petition was to coincide with the two-year During my three months at HRF, I anniversary of a report released in worked under Eleanor Acer, Direc- February 2005 by the bi-partisan tor of the Refugee Protection Pro- U.S. Commission on International gram, and Lori Adams, a staff attor- Religious Freedom. The report ney in the same program. My pri- found that asylum seekers were mary motivation for joining the being detained inappropriately in Program was a personal interest in prison-like facilities and that refugee issues. Having always been “parole” rates for asylum seekers concerned with the plight of refu- varying widely across the country. gees here at home, I thought it The petition urges the Department would be interesting to compare of Homeland Security to imple- how refugees are treated in the ment some of the recommenda- United States. I was especially in- tions made in the report, particu- terested to experience the way the larly to draft formal “parole” regu- US deals with immigration and hu- lations for use country-wide. man rights issues related to refu- gees. Laura Tang outside the Monash Law Faculty My experience at HRF was rich and enjoyable, and it is one that I I received assignments which ranged will not forget. To work alongside from doing legal research and drafting memos, to redacting extremely passionate and talented people was truly inspiring. (editing) petitions and drafting reports on potential asylum- Through its core strength of legal advocacy, HRF has made seeking clients. This last task required me to conduct time- and continues to curb abusive practices and to force policy intensive interviews with potential clients of the Refugee changes at the highest level of governments and international Protection Program, which offers pro bono representation institutions. to asylum-seekers. I would then assess their chances of suc- cess and write a report to the Director of the Program as to Finally, I would like to thank Monash Law School and the the strength of the asylum claim. After an affirmative assess- Castan Centre for Human Rights Law for providing this ex- ment, a pro bono lawyer would be assigned to the case. cellent opportunity, and for all their support. Throughout my internship, I sat with asylum seekers, from countries as diverse as Cuba, Ukraine, Moldova, Nepal, and Cote d’Ivoire. After each interview, I would draft detailed For more information on Human Rights First, visit their website at write-ups of the prospective client's histories of persecution. www.humanrightsfirst.org. As part of my post-interview reports, I would research the

10 Castan Centre for Human Rights Law, April 2007 Witnessing Real Progress on Women’s Issues Rachael Hopkin’s Global Internship with IWRAW-AP

By Rachael Hopkins an Expert General Meeting, where a collection of academics and experts met to discuss a General Recommendation that Malaysia exposed me to dense heat, inexpensive delicious the CEDAW Committee was drafting concerning State obli- food, great shopping, and due to the unique Malaysian heat, gations. I was greatly humbled by the thoughtful and innova- warm beer! Unfortunately, among the vibrant city, immense tive ideas put forward by current CEDAW Committee shopping malls and developing suburbs, human rights viola- members, academics, lawyers and feminist theorists from the tions against women remain prevalent. However, my intern- ship experience gave me the invaluable opportunity to wit- South of the globe. ness first hand the amazing achievements and important The situation in Malaysia concerning women’s rights is grave. work of women’s rights activists around the world, giving me Many religious and cultural practices are enshrined in law hope for a better future for all women, particularly women and continue to discriminate against women. Throughout my living in areas where their fundamental rights as human be- internship, I came into contact with national activists who ings need much greater attention. are currently working to change the laws relating to mar- riage, divorce and child custody. Many activists and lawyers I set off for Malaysia in early December to intern with the are aiming to lessen the tension between civil law and Islamic International Women’s Rights Action Watch – Asia Pacific law which in the future will have a positive impact on the (IWRAW-AP). IWRAW-AP is a non-governmental organisa- legal rights of women in Malaysia. In its current state, reli- tion, utilising international human rights standards to pro- gious identity is prioritised over universal norms of human mote the domestic implementation of women’s rights. The rights, particularly in the case of women. Activists are focus- organisation concentrates particularly on the Convention on ing particularly on issues such as religious freedom and the the Elimination of All Forms of Discrimination Against right to choose. Women (CEDAW). CEDAW articulates clear principles of gender equality and The organisation works with 12 developing countries and allows for women’s rights to be applied in a wide range of with international organisations, lawyers and activists to help situations. However, despite ratification by many State Par- them to lobby for the realisation of women’s rights in their ties, there is a clear discrepancy between what states agree countries. For three months, I was able to witness the reality to do, and what they actually do. The creation and improve- of a women’s rights organisation, and the application of in- ment of women’s NGOs around the world, and the dissemi- ternational human rights law to redefine the inferior position nation of knowledge of women’s rights, is essential in achiev- of women around the globe. I was also lucky enough to dis- ing equality and non-discrimination to enforce the principles cuss the current state of women’s rights and witness positive of universal dignity and respect for all people. First hand, I change from international, regional and national women’s witnessed the expansion of public space for women to ad- rights activists and organisations. dress women’s rights. As a result of efforts made by IWRAW-AP, women in the South Pacific have a voice for During my stay in Malaysia, I had the opportunity to attend change. The organisation has improved knowledge of two conferences hosted by IWRAW-AP. The first confer- women’s rights, helped NGO’s around the world to create ence was held in Bangkok, Thailand, where CEDAW staff “Shadow Reports” which are presented to CEDAW and can coached activists on how to educate people in positions of influence its decisions, helped create committees to lobby authority and fellow activists about the importance of the for greater recognition of women’s rights by the UN and rights set out in CEDAW. I was lucky enough to also attend educated lawyers and judges about women’s rights.

The opportunity to meet so many amazing people, both within the human rights sphere and outside, was incredible. The experience I gained from being part of IWRAW-AP and being in Malaysia enabled me to further expand my knowl- edge of international law. It also gave me the opportunity to see, first hand, progress which is being made for women’s rights around the world. I feel inspired by the passionate and tireless work of those within IWRAW-AP. Undertaking this internship enabled me to truly understand the universality and connectedness of women throughout the world, and the significance and relevance of CEDAW and international hu- man rights treaties. I know that I will be able to apply so much of what I have learnt from my time in Malaysia to my work here in Australia.

Rachael Hopkins (middle row, far left) at the Bangkok Training of For more information on IWRAW-AP, visit their website at Trainers Conference in December www.iwraw-ap.org.

Castan Centre for Human Rights Law, April 2007 11

Defending the Indefensible? Former International Tribunal Defense Lawyer Demands Justice for All

By Abirame S and Marius Smith these documents. Corruption among witnesses and even tribunal lawyers was also often an issue. In Morrison’s view, Even in the halls of the courts of international justice, those it was preferable for the prosecution to fail in the odd case who choose to defend alleged war criminals are not neces- than to risk the dignity of the court. However he acknowl- sarily the most popular people. One such person is Judge edged that international tribunals were subject to political Howard Morrison, a UK circuit judge and international law forces. For example, it was clear that the Kigali government expert who worked as a defence lawyer in international in Rwanda would withdraw its support if the tribunal did not criminal tribunals for almost a decade. If Morrison’s speech convict alleged Hutu perpetrators, or if it charged Tutsis. Loss to the Castan Centre in March was any indication, however, it of government support would result in the tribunal being seems that the pressure of such a role has not deprived him shut down. To date not a single Tutsi has been indicted but of his sense of humour. Before moving on to the weighty the tribunal had a mandate and the duty to treat both sides topic of the evening, he paused to observe that the results of equally and investigate all human rights abuses, however un- a Californian study suggested that it didn’t matter what he said because three quarters of us would spend the lecture popular it may be with any particular set of vested interests. immersed in their our erotic thoughts. Morrison also cautioned against impressions created by the media. For instance, during the trial of Saddam Hussein, Sad- Morrison drew on his experience to address the lack of jus- dam only interrupted the court on one day for a total of nine tice often inherent in international tribu- minutes. Yet the media broadcast seven nals, the enactment of anti-terror legisla- minutes of his interruption and nothing of tion and the recent trial and execution of the rest of his testimony or the other 5 the former Iraqi dictator, Saddam Hussein. hours of court proceedings. Thus it was important to distinguish between the While it is easy to label alleged human highly subjective impressions given by the rights abusers as “evil”, Morrison said that media as opposed to the reality of the such labels often feed the prejudice of situation. It was also important for critics those involved in the trial process and dis- to be balanced and realistic. There was no tort the integrity of that process. The international court that had the power or status of international criminal tribunals as jurisdiction to try Saddam for instance, yet protectors of international justice is com- many who should know better still main- promised, Morrison suggested, if they fail tained that he should have been tried by to respect basic human rights. Morrison the ICC which in reality had neither geo- stated that human rights entailed “an graphical nor temporal jurisdiction. Many equality of esteem for one another”, re- observers had complained that Human gardless of whether they were victims or Rights Watch [that had remained silent in perpetrators of human rights violations. the aftermath of the execution without However, Morrison acknowledged the diffi- trial of the former Romanian President and his wife], did or culty in obtaining sympathy for accused in international tribu- would not properly recognise the real efforts made by the nals. To illustrate his point Morrison drew an analogy be- Iraqi High Tribunal to give Saddam an open and public trial tween the perpetrators of human rights abuses and scorpi- possible due to the antipathy against the American led inva- ons. Getting support for a campaign to save scorpions would sion of Iraq. A fair approach should be indivisible. be far more difficult than getting support for saving koalas. On a domestic note, he cautioned against some of the risks However, Morrison noted that the situation for defendants of “anti-terror” legislation, pointing out that such legislation has improved since the Nuremberg and Tokyo criminal tribu- was often unnecessary when most terrorist acts could easily nals, which had no proper appellate procedures and arguably be prosecuted under existing criminal legislation. Moreover, created retrospective criminal laws. He said that the Geneva anti-terrorism legislation tended to blur the line between Conventions had created greater protection for the accused, intelligence – which is often unreliable – and evidence. It was yet institutional prejudice against alleged perpetrators re- also easy to vilify alleged offenders by labelling them as ter- mains far from eradicated. rorists as a pejorative rather than descriptive nomination. Morrison also argued that international tribunals are inher- In conclusion, Judge Morrison reiterated that however “bad” ently difficult to manage. Most consist of a mix of lawyers and an accused seemed, a fair trial must be an absolute minimum judges from the common and civil law traditions. In Morri- guarantee. He called upon international courts to maintain son’s view, the resulting confluence of “opposing views of high standards; to try accused persons in a way that the in- judicial philosophy” tend to undermine procedural rights ternational community could be proud of. He encouraged us, associated with the adversarial legal system. Anecdotally, his audience, to “throw stones into the pool of compla- Morrison made some startling revelations about the way cency”. Revisiting his opening quote Judge Morrison affirmed defense counsel were treated in the ICTY tribunals. For ex- that the international community owed alleged perpetrators, ample, important documents that prosecutors had exclusive access to were not disclosed despite repeated requests for “if nothing more, nothing less than equality”.

12 Castan Centre for Human Rights Law, April 2007

Paying Their Debt to Society? Billing Asylum-Seekers for Their Time in Detention

By Katie Mitchell and Azadeh Dastyari being granted to them. Australia’s policy requiring the mandatory detention of Detainees are the only group within the Australian commu- “unlawful non citizens” including asylum seekers, has at- nity who are charged for their detention. Individuals detained tracted worldwide condemnation. International human rights in prisons, mental hospitals or in quarantine, for example, bodies have found the policy to violate human rights and are not billed for the cost of their detention. The policy many individuals and groups, both here and overseas, have therefore chalks up yet another black mark against Australia expressed their disapproval. But for many detainees the in its compliance with its obligations under international law, nightmare of mandatory detention doesn’t stop with their violating the prohibition on discrimination. This prohibition release, it simply takes a new form, as the government pre- exists in numerous international law documents, including sents them with a hefty bill for their time spent in detention. the International Covenant on Civil and Political Rights (ICCPR) which Australia has ratified. Article 2(1) of the The concept of charging detainees for their detention was ICCPR imposes a general prohibition on discrimination and introduced in 1992 under the Migration Reform Act. Section article 26 affirms all individuals’ rights to equal treatment 209 states that detainees must repay the Commonwealth for before the law. The UN Human Rights Committee has ex- the cost of their accommodation, food and other requisites plicitly stated that the ICCPR applies to all people in a state’s of daily life, as well as the costs associated with locking them territory, “irrespective of his or her nationality or stateless- up. This is a policy unique to Australia, and the only histori- ness.” The singling out of non citizen detainees to pay deten- cal precedent is in Nazi Germany where the family of a per- son detained and executed in a concentration camp was tion debts is a blatant violation of this prohibition. billed for his detention and execution. Mandatory detention in Australia has been strongly linked with a rapid deterioration in the mental health of detainees. Although the responsibility for the well being and care of Suicide rates in immigration detention facilities are estimated detainees falls squarely on the shoulders of the Australian to be three to 17 times higher than the rate in the Australia Government, it has chosen to contract private companies to community. Refugees who have spent time in detention have operate and manage the centres. These contracts are very twice the risk of depression and three times the risk of post- profitable: statistics supplied to a Parliamentary Estimates traumatic stress disorder than those who have not been in Committee in February 2004 suggest that the total costs of detention. The burden of a debt, which can be as high as running mainland detention centres in 2003 were $87 million $200,000, places these individuals under extreme financial and in 1994 the minimum cost of detaining an asylum seeker and emotional pressure and can exacerbate mental health was $111 per day. However these exorbitant costs do not issues developed in detention. Thus the imposition of this reflect a high standard of care for detainees, for example it debt could be considered to violate the right to health under was estimated that the daily food allowance at a Perth Immi- the International Covenant on Economic, Social and Cultural gration Detention Centre was approximately four dollars per person per day. When they are billed for their deten- Rights, which Australia ratified in 1975. tion, detainees are being asked to fund—at very high rates— Charging certain detainees for their detention could be in- the work of private companies supplying sub-standard ser- terpreted as a punishment meted out by the government. vices. Individuals and families who arrive in Australia without the requisite paperwork do not commit an unlawful act and Under s215 of the Migration Act the Commonwealth is therefore cannot and should not be punished. Further, under awarded specific powers to recover the debt, with poten- the Australian Constitution, punishment can only be imposed tially devastating consequences for debtors. These include on people by the courts. Any punishment inflicted by the the power to restrain dealings with property, to prevent a government therefore violates the Australian Constitution. bank or financial institution from processing any transactions The question that proponents of this law still need to answer in any account held by the debtor, to attach the debt to spe- is: if charging someone, in a discriminatory manner, for the cific forms of income of the debtor and to enter a premise in costs of detention which has been shown to cause harm to order to seize and sell valuables belonging to the debtor. Further, the debt may prevent an individual from being able them is not a punishment, then what is it? to re-enter Australia should they leave and then wish to re- The human rights implications of this policy were recently turn. In the addressed in a submission prepared by Azadeh Dastyari on case of individu- behalf of the Castan Centre. This submission highlights the als wishing to way in which the policy breaches international human rights obtain another law. The submission calls upon the Department of Immigra- form of immi- tion and Citizenship and the Minister for Finance and Ad- gration visa ministration “to grant debt waivers to individuals charged for such as a per- their immigration detention” and to meet their human rights manent spouse visa, the debt obligations by “abolish[ing] this practice.” may be used to prevent the visa A referenced version of this article is available on request.

Castan Centre for Human Rights Law, April 2007 13

In-House Interns Castan Centre Interns Talk about their Motivations, Experiences and Hopes

MADHAVI LIGAM Completing Bachelor of Arts and Bachelor of Law

Motivation ANTHONY CAPONE We live in a heterogeneous society where individuals and Completing Bachelor of communities live according to different values and beliefs. Laws How then do these varying cultural groups and societies view and accommodate universally applicable human rights? And, as an increasing number of developing states such as China and India move from insular to global economies, what Motivation importance do they give to human rights? While an invest- I am interested in human rights, as much work still has to be ment banker in Mumbai may view human rights as a hin- done to ensure all people in the world enjoy the same hu- drance to economic development, I believe that they can man rights. I am particularly interested in the implementation protect marginalized people and support development. and enforcement of human rights in Australia and the devel- Inspiration oping nations of the world. Throughout high school and as part of my Arts degree, I Inspiration have loved studying history. It provides us with glimpses into The continual violations of human rights and the horrific how governments, communities and individuals have helped stories of individuals in war-ravaged and developing coun- to shape the world we live in. I think that learning about past tries, and the work of individuals to better the human rights atrocities and injustices has made me more vigilant about the of others has inspired me to become involved in the human protection and promotion of human rights: one who does rights field. not learn from history is doomed to repeat it. Experience Experience I have completed a summer internship with the Public Inter- I have been involved with the Monash Helping Hands which est Law Clearing House (PILCH), and I will be returning in raises money for various causes and also has volunteering Semester 1 2007. I have also undertaken human rights re- opportunities with St. Vincent De Paul and the Red Cross. lated work as part of my placement as a Case Manager at During fourth year, I volunteered at the Consumer Law Springvale Monash Legal Service. Centre Victoria and this year I will be working at Springvale Legal Centre in the professional practice program. Internship Internship I wrote articles for the Castan Centre newsletter and helped with the planning of the “Writing for Human Rights” essay I worked on a moot feasibility study for a proposed inter- competition. university human rights moot and also helped Azadeh Dast- yari to prepare a parliamentary submission about how refu- The Future gees are forced to pay exorbitant fees for the costs of their I hope to become a solicitor, and later a barrister (SC… detention. I would definitely recommend the experience to naturally!), specialising in Personal Injury, Human Rights, students interested in human rights. Defamation or Employment Law. My ultimate ambition is to The Future work for the United Nations or a Human Rights NGO. I would like to do articles and become a qualified lawyer, but I don’t think I’ll get articles. I think that at some stage I would like to work overseas, in India hopefully, and just do something related to human rights and politics.

14 Castan Centre for Human Rights Law, April 2007

In-House Interns Castan Centre Interns Talk about their Motivations, Experiences and Hopes

COURTNEY WINTER Completing Bachelor of Arts and Bachelor of Law

ENA HADZANOVIC- Completed Bachelor of Commerce and Bachelor Motivation of Laws in 2006 My original motivation for being involved in human rights has Motivation come from the work I have been involved in with a youth My interest in human rights stems from the experiences movement here in Melbourne. Working with the youth from that I went through as a refugee. In 1992, I was forced to my own community, I began to think about this same con- flee Bosnia as a result of the violent Balkan conflict that fol- cept on a global scale. Youth all over the world should be lowed the break-up of Yugoslavia. Wars are generally noto- given this same opportunity not only to receive education, rious for their human rights violation and the war in Bosnia but to be able to play an active role in shaping the world in was no different. Being a victim of war – having to flee my which they live. home, losing friends and family to faceless snipers in the Experience hills, living with demeaning restrictions as a refugee – is what initially made me question what rights we, as human Post VCE I fulfilled a lifelong dream of travelling through Af- beings, have. My interest in human rights has only escalated rica. There I took part in a three month volunteer program since then and the areas which I am particularly drawn to in Kenya through World Youth International. During this are international humanitarian law and refugees’ rights. time I was touched by the brutal innocence of the people whom we were working with. I was based at Salem Orphan- Experience age in Kisumu, Kenya. I returned to Africa in 2005 and this During my annual visits to Bosnia, I devote a significant time traversed from South Africa up to Kenya and back. This amount of time to speaking with young Bosnians who have allowed us to meet and interact with many local people. been physically and emotionally scarred by the war, in an This year I will be commencing a volunteer training program attempt to help them heal their wounds by at least assuring with the Asylum Seekers Resource Centre. them that people care about the pain that they have en- Internship dured. I offer to teach them how to speak and write in Eng- lish with the goal of enhancing their academic and employ- During my internship I researched matters related to the ment opportunities. Agreement between Australia and the Republic of Indonesia on the Framework for Security Cooperation. I also assisted Internship with research for the centre’s submission on the Migration During my internship, I prepared a submission to Parliament Amendment (Review Provisions) Bill 2006 as sent to the in relation to certain provisions of the Criminal Code which Senate Legal and Constitutional Affairs Committee. empower the government to list particular organizations as The Future terrorist organizations. The submission considered the im- plications of these provisions and proposed amendments. I aim to use the knowledge, know-how and inner drive to During my internship I was also fortunate enough to attend link with others who are providing a voice for those who the centre’s annual conference which was a highlight. cannot otherwise be heard. It is the faces of the hungry and impoverished that provides me with endless determination. The Future There is much good work being done both at policy level My overall hope for the future is to be happy. A major step- and on the ground which I would dearly like to be part of. ping stone to the realisation of this hope will be a rewarding legal career which will largely revolve around the pursuit and promotion of human rights.

Castan Centre for Human Rights Law, April 2007 15

Working at the Coalface of International Justice Careers Seminar: Gideon Boas

By Jess O’Brien viewed successfully and given the job. While at the Red Cross, Gideon’s work included the campaign to ban land- As part of the Castan Centre’s Human Rights Career Series, mines, and research for the International Committee of the Monash graduate Gideon Boas returned to Clayton to speak about his experiences in international law. Gideon’s informa- Red Cross’ customary IHL study. tive and very entertaining lecture traced his own self- After working with the Red Cross for two years, Gideon professed “odd” career progression, as well as discussing applied for another job discovered by the same friend, this opportunities and obstacles for Australian lawyers and law time at the International Criminal Tribunal for the former students seeking to work in the field of international law. He Yugoslavia (ICTY). Gideon spent eight years working in noted that there is no defined or obvious career path for Chambers at the ICTY. He started as an Associate Legal those seeking to enter this area, but emphasised the oppor- Officer, and ultimately worked his way up to the level of tunities that are available and spoke positively of the experi- Senior Legal Officer, which carried with it the perks of UN ence of working in an international organisation. diplomatic status (“tax free booze”). His work at the Tribu- nal included such groundbreaking tasks as drafting the mur- Gideon recalled that an early formative influence on him was der and wilful killing sections of the Celebici judgment, which watching Geoffrey Robertson’s “Hypothetical” on the ABC. was the first time an international tribunal had enumerated As a law student, he helped start the Social Justice Action the elements of these crimes, and working on the Milosevic Group, which he says was both a form of procrastination and trial, the first international criminal trial of a former head of a way of pursuing his interest in social issues. Gideon began his legal career as a seasonal clerk at Cashman & Partners, a State. Sydney firm whose social justice advocacy in the media had Gideon discussed the opportunities for work at the ICTY caught Gideon’s attention. He went on to complete Articles and other international criminal tribunals, noting that an in- at the firm, working on areas including mass tort liability and ternship is one of the best ways for law students and young medical negligence, as well as doing much of the legal work lawyers to “break in” to these international organisations. for Greenpeace Australia. He pointed out that because of funding deficiencies, these organisations often rely heavily on unpaid interns and give Gideon’s jump into International Humanitarian Law (IHL) them the same type of work as full-time employees. Gideon happened quite haphazardly when a friend saw an ad in The highlighted some of the obstacles for Australians in accessing Australian for a position as IHL Officer at the Australian Red international institutions, notably cost and distance. He Cross. The friend subsequently decided the remuneration stressed, however, that Australian lawyers are highly re- was insufficient, but neither the low pay nor Gideon’s com- garded by such institutions, partially because of the quality of plete ignorance of IHL put him off applying for the position. the Australian legal education, and also because barriers He researched for the position by studying an A5 brochure such as cost and distance mean that the Australian lawyers about IHL retrieved from the Red Cross’ office, was inter- and law students who do end up working at international institutions are usually very dedicated and competent.

Gideon gave some pointers for those applying to work or intern with international organisations. He stated in particu- lar that work experience in the equivalent domestic area would be highly valued, for example someone who had worked in domestic criminal law would have an advantage when applying to the ICTY or another international criminal tribunal. He also noted that legal work experience in general would be beneficial to applicants, even if not directly related to the area, as this demonstrated that applicants had the crucial skill of being able to apply the law. Studying the rele- vant subjects, particularly at a postgraduate level, was also important. Gideon suggested that studying at a European university would assist applicants if they had the chance, as this would put them close to a large number of international institutions, with the opportunity of visiting and possibly undertaking an internship or seeking short term work, with a view to full time employment.

Gideon encouraged the audience to seek out work or in- ternships in the field of international law. The key, he said, is to pursue your interests and take your opportunities when Peace Palace, site of the International Court of Justice, the Hague they come.

16 Castan Centre for Human Rights Law, April 2007

Castan Centre People Meet Some of Our New Faces

Five Questions for…. Our New Associates Professor Susan Kneebone, Deputy Director of the Castan Centre Azadeh Dastyari As a new deputy director of the and important in trying to make a dif- Azadeh was a co-founder of the Refugee Castan Centre, what are you ference in today’s world. Advocacy Volunteer Network at the looking forward to most? University of Sydney which provides What refugee-related issues give legal assistance to refugees and asylum I am looking forward to working with you the biggest cause for concern seekers. She has worked closely with a group of energetic and highly tal- today? various NGOs in the refugee area and ented people, for whom I have a great The biggest concern today is the way has assisted as a translator in Farsi for deal of respect. And also further en- people in immigration deten- in which wealthy destination states hancing the reputation of the Castan tion. Azadeh is a co-author (with Dr such as Australia which are parties to Centre, which I know is highly re- Mary Crock and Dr Ben Saul) of the spected internationally. It will be an the Refugees Convention avoid their book Future Seekers II: Refugees and Ir- responsibilities under the Convention. opportunity for me to share the regular Migration in Australia. knowledge and networks I have built And the fact that they do this by turn- up in the area of Refugee Law and ing the Convention upside down – by Dr Patrick Emerton arguing that their responses are Forced Migration from my many pere- Patrick completed his Phd thesis in 2006, “legal”. In my opinion, in the context grinations/jaunts around the globe! for which he received the Mollie Holman of the global situation of numerous Doctoral Medal. His thesis tackled com- You specialised in tort and admin displaced and stateless people, this is plex issues in the philosophy of language law until the 1990s. Why did you totally irresponsible and demeans the and political philosophy. His research start teaching refugee law? idea of the Rule of Law. Australia has areas include legal and moral philosophy sadly become a leader in At the end of the 1990s and anti-terrorism laws, and he recently this respect and other hosted a roundtable at the Castan Cen- refugee issues were be- Western countries fol- tre on issues related to those laws. Pat- ginning to dominate low our example. It is rick is the recipient of a Don Chipp public discourse. In really interesting to see Foundation Grant for his research pro- 1996 straight after how our policies fit with ject A Bill of Rights in an Age of Fear. graduating from my PhD the history of our migra- (on Tort Liability of Pub- tion. The “culture of Tania Penovic lic Authorities) I thought control” has been with Tania has completed a Master of Studies it was time to become us for a long time, par- more engaged in what in International Human Rights Law with was happening “on the Professor Susan Kneebone ticularly since the 1940s. distinction at the University of Oxford. ground”. I did a study of What is your career She has acted as a legal adviser to asylum seekers in Australia and the UK. Her the then new Refugee Review Tribunal highlight? and was really quite astounded at the articles have been widely published and she is now conducting research on how findings. I published this in 1998 and Conducting interviews in Thailand tort law can address human rights although it was an objective study, it Cambodia and Laos with Dr Julie De- beljak in January of this year in relation abuses. Tania has contributed to parlia- proved to be very controversial. I mentary inquiries and appeared before a heard that the then Minister for Immi- to our ARC Linkage Trafficking pro- ject. It was absolutely fascinating to Senate Committee on the proposed gration had sputtered over his drink at changes to the Migration Act on behalf a cocktail party when it was published. have access to the hearts and minds of of the Castan Centre. I merely suggested that the RRT was people engaged in trying to prevent rather too adversarial in its approach this modern day version of “slavery”. David Yarrow We were greeted openly and treated to refugee status determination and David’s research concerns the historical was putting too much emphasis on with great respect, and in the process gained fascinating insights into the cul- evolution of Aboriginal title in Canada credibility issues! Some people and examines its characteristics in com- thought I was being too kind, but in ture and history of the region. By do- ing this type of research, you can see parative perspective. He has recently fact my motives were questioned by returned from three years residence in the value of our legal skills and knowl- two different senior members of the Toronto, Canada where he is pursuing RRT at this time whom I approached edge. his PhD at Osgoode Hall Law School. with a view to doing further collabora- If you had to give students one David is currently participating with Melissa Castan in a project aimed at im- tive research. I was really surprised piece of advice, what would it be? and I realized I was onto a “hot” topic. proving the capacity of Native Title Rep- I then moved into looking at interna- One piece is a bit hard. How about resentative Bodies. tional refugee law issues and found one person can make a difference, so that it is really interesting, complex be true to yourself?

Castan Centre for Human Rights Law, April 2007 17

Publications by Centre Faculty Members

Melissa Castan Conference Human Rights 2006: Year in Geneva, 2006), co-authored with Katie Review, Melbourne 1 December 2006) Mitchell, Linda Gyorki, and Carin Ben- Article ninger-Budel, 514 pages M. Castan & D. Yarrow, ‘A Charter of Other (Some) Rights … for Some?’ 31(3) Alter- J. Debeljak, Participant, Roundtable on Article native Law Journal 132. the Victorian Charter of Rights, Human S. Joseph, ‘Transnational Corporations Rights Forum, University of Melbourne, and Indigenous Rights’, (2006) 8 Balayi: Conference Papers 18 August 2006. Culture, Law and Colonialism 70-82. D. Yarrow & M. Castan, ‘The compara- J. Debeljak, Participant, Australian Insti- S. Joseph, ‘Committee against Tor- tive constitutionalism of Indigenous– tute of Criminology, Trafficking of ture: Recent Jurisprudence’, (2006) 6 settler state relations: opportunistic Women for Sexual Purposes: Barriers to borrowing?’ ‘Federalism and the Rights of Human Rights Law Review, 571-577. Reporting and Engaging with Victim Ser- Indigenous Peoples: Comparative Perspec- vices, Roundtable, Canberra, 28 July Submissions tives and Strategies’ Conference, Honolulu, 2006 Submission to the Parliamentary Joint Hawaii, January 9-11, 2007. Committee on Intelligence and Security Participant, Global Alliance Against Traf- D. Yarrow and M. Castan, ‘The Recep- Review of the Listing Provisions of the Crimi- ficking In Women (‘GAATW’), Working tion of American Judicial Theories of nal Code Act 1995 Prepared by Professor Together to Prevent Human Trafficking Indigenous Autonomy in New Zealand, Workshop, Bangkok, Thailand, 13-17 Sarah Joseph and Ms Ena Hadzanovic Canada and Australia’, ‘Federalism and the Rights of Indigenous Peoples: Comparative November 2006; Susan Kneebone Perspectives and Strategies’ Conference, Submission Papers Honolulu, Hawaii, January 9-11, 2007 J. Debeljak, ‘How Human Rights are S. Kneebone, Presentation to the Refu- Azadeh Dastyari Currently Protected in Tasmania and gee Studies Centre, Oxford on Whether the Protection of Human ‘Australia’s Response to Trafficking Is- A. Dastyari, “Offshore Processing: An Rights Can Be Enhanced or Extended?’ sues: Women as Agents, Refugees and Australian Phenomenon”, Castan Centre submitted to the Human Rights Commu- ‘Human Rights 2006: Year in Review’ Con- Victims’, 14 October 2006 nity Consultation Committee of the ference, 1 December 2006. Tasmanian Government, December S. Kneebone, paper entitled ‘Trafficked Women and Refugee Protection’ pre- 2006, 1-35 Julie Debeljak sented at workshop held at the Depart- Papers Interviews ment of Criminology, Monash University, J. Debeljak, ‘Charter Mechanisms’, pre- J. Debeljak, Interviews with stakeholders 11 December 2006 sented at the Judicial College of Victoria in Cambodia regarding Trafficking in Conference Paper Introduction to Human Rights Seminar, Persons in the Asia-Pacific region, from 6 to 12 November 2006, organised with S. Kneebone, ‘Trafficking, Crime and Melbourne, 19 February 2007 Migration: a Proportionate Response? the help of World Vision Australia. J. Debeljak, ‘Prevention of Trafficking in Australia, Canada and the UK Com- Persons’, (Presented at Workshop, Fac- J. Debeljak, Interviews with stakeholders pared’ delivered at the Sex `n Drugs `n ulty of Law and Faculty of Arts, Monash in Thailand, Laos and Cambodia regard- Shifty Roles : European and International University) 11 December 2006. ing Trafficking in Persons in the Asia- Perspectives on Corruption, Organised Crime Pacific region, across 15 days from Janu- and Illegal Immigration Conference, CERC J. Debeljak, ‘Background Paper: Austra- ary to February 2007, organised with the University of Melbourne, 4 December lia’s Response to Eradicating Trafficking help of World Vision Australia and in Persons’ (Presented at the GAATW 2006 Cardno ACIL Pty Ltd. Workshop, Working Together to Pre- S. Kneebone, Paper entitled ‘“Effective vent Human Trafficking, Bangkok, Thai- Paula Gerber Protection” and social and economic land, 13-17 November 2006) rights in Safe Third Countries’ presented Conference papers by invitation at workshop on Protection Conference Papers P. Gerber, "The 4th R - Human Rights Elsewhere: International law and the off- J. Debeljak, ‘Australia’s Response to Education" Castan Centre Conf. Dec shore processing and protection of refugees, Trafficking in Persons: Background Pa- 2006. Faculty of Law, Melbourne University, 23 per’, for the Global Alliance Against P. Gerber, "From Convention to Class- February 2007 Trafficking In Women (‘GAATW’) room: the Long Road to Human Rights Working Together to Prevent Human Adam McBeth Education" University of Melbourne Human Trafficking Workshop, 13-16 November A. McBeth, Invited to address a seminar Rights Education Conference, 16 Feb 2007. 2006, Bangkok, Thailand of BankTrack (a group of NGOs cam- paigning on the social and environmental J. Debeljak, ‘Mission Impossible: Sarah Joseph responsibility of financial institutions) in “Possible” interpretations under the Book Nijmegen, Netherlands, on the topic of Victorian Charter and Their Impact on S. Joseph, A Handbook on the Individual “The responsibility of financial institu- Parliamentary Sovereignty and Dia- Complaints Procedures of the UN (OMCT, logue’ (Presented at the Castan Centre

18 Castan Centre for Human Rights Law, April 2007

Publications by Centre Faculty Members

tions for human rights violations”, No- tralian and New Zealand Law and His- Castan Centre Advisory Board vember 2006. tory Society, Hobart, Australia, Decem- ber 8-10, 2006. Professor Philip Alston, New York Uni- Bernadette McSherry versity School of Law. D. Yarrow & M. Castan, ‘The compara- Professor Virginia Dandan, Chair, UN Papers tive constitutionalism of Indigenous– Committee on Economic, Social and B. McSherry, High Risk Offenders: Con- settler state relations: opportunistic Cultural Rights. tinued Detention and Supervision Op- borrowing?’ paper presented at the Mr Patrick Dodson, Lingiari Foundation tions, Community Issues Paper ‘Federalism and the Rights of Indigenous (Melbourne: Sentencing Advisory Coun- Peoples: Comparative Perspectives and The Hon Elizabeth Evatt AC, Interna- tional Commission of Jurists. cil, 2006), pp 1-56. Strategies’ Conference, Honolulu, Hawaii, January 9-11, 2007. Professor Claudio Grossman, Dean, B. McSherry (with A David, K Gelb, V Washington College of Law, The Moore and F Stewart), High Risk Offend- D. Yarrow and M. Castan, ‘The Recep- American University. ers: Post-Sentence Supervision and De- tion of American Judicial Theories of The Hon Judge Felicity Hampel, County tention, Discussion and Options Paper Indigenous Autonomy in New Zealand, Court of Victoria. Canada and Australia’, paper presented (Melbourne: Sentencing Advisory Coun- Professor Christof Heyns , Professor of at the ‘Federalism and the Rights of Indige- cil, 2007), pp 1-222. Human Rights Law, Univ. of Pretoria, nous Peoples: Comparative Perspectives and Pamela O’Connor Strategies’ Conference, Honolulu, Hawaii, South Africa. The Hon Justice Michael Kirby AC CMG , P. O'Connor, 'The Private Taking of January 10, 2007 High Court of Australia. Land: Adverse Possession, Encroachment by Buildings and Improvements under a Professor Ivan Shearer, UN Human Mistake of Title' (2006) 33(1) UWAL Rights Committee. About Our Directors His Excellence, Judge C.G. Weeramantry, Rev 31-62. International Court of Justice Tania Penovic Professor Sarah Joseph (Director): Sarah is currently teaching interna- Submission tional human rights and conducting T. Penovic and S. Kneebone, Submission training for the Victorian Human Law Faculty Centre Members to Senate Legal and Constitutional Af- Rights and Equal Opportunities Com- fairs Committee, Inquiry into the provisions mission and Judicial College. Becky Batagol of the Migration Amendment (Review Provi- Joanna Becker sions) Bill 2006, January 2007 Melissa Castan (Deputy Director): Dr Yet Bryant Melissa is continuing her work on pro- Rowena Cantley-Smith Paper fessional development in Native Title Dr Jonathan Clough T. Penovic 'Refugee Processing and Men- Representative Bodies. Professor Jeffrey Goldsworthy tal Health: How far does the duty of care Stephen Gray extend?' presented to La Trobe Refugee Dr Julie Debeljak (Deputy Director): Kathryn James Health Research Centre at the Victorian Julie is currently focussing on her ARC David Lindsay Foundation for the Survivors of Torture Linkage Grant on 'Australia's Response Oyiela Litaba on 28 March 2007. to Trafficking in Persons'. Professor Bernadette McSherry Conference paper Paula Gerber (Deputy Director): Paula Kwame Mfodwo is completing her PhD and preparing Dr Bronwyn Naylor T. Penovic 'False Imprisonment as a sur- Dr Pam O’Connor rogate claim for promoting personal to take maternity leave. Recently she has devised the new mooting competi- Maria O'Sullivan liberty' Compensation Torts and Immigra- Jenny Schultz tion Detention conference, Melbourne, 30 tion and the human rights database. Adiva Sifris March 2007 Professor Susan Kneebone (Deputy Professor Francis Trindade David Yarrow Director): Susan is teaching citizenship Associate Professor Len Webster and migration law at undergraduate Article Dr Eric Wilson level and forced migration and human M. Castan & D. Yarrow, ‘A Charter of rights at postgraduate level. Postgraduate Members (Some) Rights … for Some?’ 31(3) Alter- Adam McBeth (Deputy Director): native Law Journal 132. Nicole Bieske Adam is completing his PhD and teach- Conference Papers ing International Human Rights Law. Natalie Bugalski D. Yarrow, ‘The landmark case that was- He is also conducting human rights Susannah Jacobson Joanna Kyriakakis n’t – Cooper v Stuart and the jurispru- training for the Department of Foreign dence of complacency’, paper presented Marnie Leighton-Wilson Affairs and Trade. at the Landmarks in Legal History Confer- ence, 25th annual conference of the Aus-

Castan Centre for Human Rights Law, April 2007

New Publication Human Rights 2006: Contribute to The Year in Review the Castan Centre

Edited by Marius Smith By donating to the Castan Centre, you can help en- sure the continued growth of the Asia-Pacific’s lead- ing human rights law organisation. The Centre is a non-partisan organization with a strong commitment to community engagement, student development, education and training and academic research. The organisation hosts many of the world’s pre- eminent human rights academics, activists and politi-

cal leaders each year and creates pressure for the The edited, collected papers of the Castan Centre’s legal protection of human rights through its engage- “Human Rights 2006: The Year in Review” confer- ment with the Australian parliament and international ence will be available in late April 2007. human rights bodies. Issues discussed at the conference included: The Its commitment to nurturing the next generation of World Water Crises, Corruption in South Asia, Jus- human rights scholars has resulted in a strong and tice for Timor-Leste, West Papua, Offshore Process- growing human rights internship program which ing of Asylum Seekers, Counter-Terrorism Laws, sends outstanding law students to some of the Religious Freedom and Hatred, the Victorian Char- world’s leading human rights institutions in Europe, ter of Human Rights and Responsibilities and Human Asia and North America. Rights Education. To make a tax-deductible donation, go to www.law.monash.edu.au/castancentre and click on To purchase, simply follow the links on our website: “donate to the Castan Centre”, or contact Kay Mag- www.law.monash.edu.au/castancentre or contact nani on 9905 3327. Kay Magnani on 9905 3327.

The Castan Centre for Human Rights Law Faculty of Law, Building 12 Monash University Victoria 3800 Australia t +61 3 9905 3327 f +61 9905 5305 www.law.monash.edu.au/castancentre

Castan Centre for Human Rights Law, April 2007