INSIDE VOICES OF VICTIMS 8 ELECTORAL REFORM 9 E-HEALTH INITIATIVE 10 RIGHTS, WHAT RIGHTS? 13 ISSUE 6 NOVEMBER–DECEMBER 2009 LIBERTY VICTORIA VICTORIAN COUNCIL FOR CIVIL LIBERTIES INC FEATURE The truth of the refugee crisis NOT Jessie Taylor and WELCOME Larry Stillman on HERE the government’s asylum seeker policy — 4–7 ISSUE 6 NOVEMBER–DECEMBER 2009 CONTENTS EXECUTIVE COMMITTEE PRESIDENT’S REPORT Advancing Liberty 3 President Brian Walters SC HUMAN RIGHTS Myth and reality 4 Michael Pearce SC Hugh Crosthwaite Vice-Presidents Rachel Ball REFUGEES Playing politics with lives 5–6 Jamie Gardiner Jonathan Wilkinson Anne O’Rourke Judy Magassy REFUGEES The global refugee crisis 7 Georgia King-Siem Di Sisely GLOBAL JUSTICE Voices of victims 8 Spencer Zifcak Marian Steele Treasurer Evelyn Tadros ELECTORAL REFORM Expanding the franchise 9 Tim Warner Larry Stillman Secretary PRIVACY Is e-Health healthy? 10–11 Jessie Taylor OFFICE CRIME POLICY Law-and-order auctions 12 Assistant Secretary Alex Krummel Aggy Kapitaniak VICTORIAN CHARTER Rights, what rights? 13 Immediate Past President GPO Box 3161 Julian Burnside Melbourne VIC 3001 AO QC t 03 9670 6422 [email protected] www.libertyvictoria.org.au PRESIDENT’S COLUMN Advancing Liberty 2010 promises to be another big year for Liberty Victoria, writes Michael Pearce SC. his is my fi rst President’s committee has power to appoint an the 2009 Alan Missen Oration, delivered who have assisted it through this year in column in my second term as additional two. by Rev. Tim Costello on the subject a strategic review of the organisation. President. I was re-elected This amendment was introduced of human rights and the churches. Vicki Davidson, of Quest Consulting, unopposed at our Annual because of increasing demand from It promised a lot and delivered even Michael Cohn, Bill Haebisch and Angela TGeneral Meeting held on Monday 23 the media for comment from Liberty. more. After withstanding months Tidmarsh have all generously donated November 2009. Also elected to the With up to four Vice-Presidents there of unrelenting anti-human rights their time to this project. executive were: Jamie Gardiner, is a wider spread of expertise in the propaganda from the Christian churches, They have now delivered their report Vice-President; Anne O’Rourke, Vice- public spokespeople as well as increased it was both refreshing and a relief to the Liberty members of the working President; Tim Warner, Treasurer; Jessie availability. to hear a pro-human rights message group who are currently considering Taylor, Secretary; and Aggy Kapataniak, In addition to the power to appoint soundly based in Christian doctrine and its recommendations. Without wishing Assistant Secretary. two further Vice-Presidents, the belief. to pre-empt the outcome of that The following were elected to the committee also has power to co-opt The message was also particularly consideration, 2010 is likely to see committee: Rachel Ball, Julian Burnside members to the committee. This power timely as the decision on whether we some organisational revamp of Liberty AO QC, Hugh Crosthwaite, Dr Di Sisley, has also been regularly exercised in will have a federal Human Rights Act is to enable it to do what it already does Marian Steele, Dr Larry Stillman, Evelyn recent years as the committee identifi es imminent. There are strong indications better, and to do more of it. Watch this Tadros, Brian Walters SC, Jonathan needs for expertise in particular areas. that the decision will be made largely space. Wilkinson, Georgia King-Siem, Prof Currently the committee sees a need by the Prime Minister, who wears his Finally, on behalf of the new Spencer Zifcak. to enhance its expertise in submission Christian faith on his sleeve. committee and executive, I should say At a committee meeting held writing on criminal law. Any members There is naturally a real concern thanks to our many members for their immediately after the AGM, Judy with the requisite skills and the time that the message from the anti-human support, fi nancial and other. One thing Magassy was co-opted to the committee and commitment to contribute to rights forces within the churches will be which has emerged from our strategic and the committee appointed Prof submission writing are invited to contact accorded more respect than it deserves. review is that we do tend to take our Spencer Zifcak and Georgia King-Siem as the Liberty offi ce. The Prime Minister might do well to members for granted and fail to engage additional Vice-Presidents. Before leaving the subject of the contemplate what Dietrich Bonhoeffer them suffi ciently in activities. The role of the additional Vice- new executive and committee, it is would say on this subject. To some extent this refl ects our lack Presidents was raised in a question appropriate to mark the retirement Thanks are due to the Alan Missen of resources but it is clearly something at the AGM. The offi cial public from offi ce of Yue Yanlo as Treasurer Foundation for supporting the Oration we need to work on. I am hopeful the spokespeople for Liberty are the and Ian Dunn, Lucie O’Brien and Peta and to the chairman of its trustees, strategic review will also yield positive President and the Vice-Presidents. Two Murphy as committee members. They Justice Alan Goldberg, who also spoke results in this area as well. So watch Vice-Presidents are elected each year have all made a signifi cant contribution and introduced the guest speaker. this space too. and, by amendment to the constitution to Liberty and we thank them for that. I would also like to record Liberty’s Meanwhile, all the best over the introduced a couple of years ago, the The AGM was held in conjunction with gratitude to the volunteer consultants holiday period and into the New Year. 33 Myth and reality Stephanie Batsakis questions whether Australia is really a land of the ‘fair go’. ustralia prides itself on being government. Fundamental human rights to criticise China’s human rights record the land of the ‘fair go’ and such as the right to humane treatment, at universal periodic review hearings in yet from an international children’s rights, the right to non- 2009, China raised this recent request perspective, this reputation discrimination and the right to liberty as evidence of our hypocritical poor Ahas been tarnished by our recent human were found to be violated by Australia rights performance. It is imperative that rights record. Persistent human rights and were not acted upon. Australia practises what it preaches violations across both Howard and Rudd Recent action by the Rudd in order to effectively promote the governments demonstrate that a federal government on human rights has benefi ts of human rights to developing Human Rights Act is the only way to caused the international community states. bring us into line with international to commend our change in direction. More than anything, this recent human rights standards. For example, Amnesty International’s history of human rights abuse While Australia is signatory to 2009 Report praised the apology to demonstrates that our current human all fi ve international treaties of the members of the Stolen Generations, rights protection is far from adequate. international bill of human rights, it the establishment of a National Council As noted repeatedly by other western is no secret that Australia’s domestic to Reduce Violence Against Women states and several branches of the policies have increasingly disregarded and their Children, the abolishment condemned Australia’s persistent UN, Australia urgently needs a federal these obligations since the Howard of temporary protection visas and policies on the Northern Territory Human Rights Act. government assumed leadership in legislation to remove discrimination intervention, mandatory immigration Without one, Australian courts 1996. According to the United Nations against same-sex couples and their detention, and the excessive use remain severely constrained as to the Association of Australia, by 2006 children. of police force. A key issue, raised extent to which they can apply human ‘Australia slipped further behind the Even during 2009, however, continued repeatedly, was that Australia remains rights standards, especially compared rest of its class’ and was criticised for violations of human rights have caused the only liberal democracy without to courts in the United States, New ‘continuing to legislate and operate in the international community to human rights enshrined in law. Zealand and Europe. A Human Rights breach of human rights commitments’. regard our positive developments with A signifi cant outcome of this Act will provide a much needed The UN Human Rights Committee has wariness. When Amnesty International’s blemished reputation is a reduced parameter for government behaviour, it heard 52 complaints against Australia secretary general visited a remote bargaining position in diplomatic will bring the issue of human rights to since 1993, 21 of which have found indigenous community this year, she relations. In February a Northern the forefront of public discussion, and Australia to be guilty of violating rights commented that ‘for a country which Territory Aboriginal group put in a importantly it will be a major step in contained in the International Covenant by human development standards is the request for urgent intervention to the reinstating our reputation as a land of on Civil and Political Rights. While third most developed in the world … Committee on the Elimination of Racial the ‘fair go’. complaints before 1996 were met with such a level of poverty is inexcusable, Discrimination, due to the devastating federal action, every complaint since unexpected and unacceptable’. In impact of the intervention on their Stephanie Batsakis is a 1996 has been rejected by the Australian March, the UN Human Rights Committee lives.