Australia quite rightly boasts that it was there at the genesis of the United Nations.
However, Australian government and society never quite evolved apace with this peak international intergovernmental body and our relationship has been strained for some time. Most notably during the years Australia was led by the Howard, Abbott, Turnbull and Morrison federal governments.
The strain probably reached its zenith when Australian Prime Minister & Liberal MP for Cook, Scott John Morrison, blinded by his bromance with then US President Donald John Trump, decided to follow Trump's lead and characterise the United Nations as dysfunctional, in need of reform and further, referred to it as a body which "allowed anti-Semitism to seep into its deliberations – all under the language of human rights".
Since 2017 Australia has been the subject of numerous UN agency reports concerning its treatment of asylum seekers and refugees, the over-incarceration of Aboriginal and Torres Strait Islander people by the judicial system, failure to meet its obligations under the Convention of the Rights of the Child including those towards children in crisis or in detention and, its failure to meet its obligations under the Convention of the Rights of People With Disabilities including lack of full access to the justice system, lack of access to housing, forced institutionalisation and forced medical medical treatment.
This is not an exhaustive list of matters that have concerned the United Nations when it comes to Australian society.
These
are the opening
paragraphs of what Australia’s hard-right federal
government told the latest United Nations General Assembly,
Human Rights Council, Working Group on the Universal
Periodic Review, Thirty-seventh session, held on 18–29 January 2021 :
1.
Australia’s enduring commitment to protecting and promoting
human rights is reflected in our strong domestic laws, policies and
institutions and in our active international engagement and advocacy.
Australia is proud of its contribution to the founding of the United
Nations (UN) and the international human rights framework.
Australia’s inaugural membership of the UN Human Rights Council
(HRC) in 2018–20 reflects its continued commitment to this
framework. Australia’s laws and institutions function to protect
human rights and support robust public debate of human rights issues.
2. Since
our second cycle Universal Periodic Review (UPR) in 2015, Australia
has made significant achievements in the realisation of human rights.
These include significant investments addressing family and domestic
violence, human trafficking and modern slavery and the legalisation
of same-sex marriage.
3. COVID-19
is presenting new challenges in the protection of human rights across
Australia. However, our strong democratic institutions have ensured
that our response carefully balances the right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health with other rights, such as liberty of movement, which may need
to be temporarily curtailed. Particular regard has been paid to the
rights of people with unique vulnerabilities……
The Report of the Office of the United Nations High Commissioner for
Human Rights, Summary of Stakeholders’ submissions on Australia told a rather different story.
Of
special interest are the following observations and recommendations:
4.
AHRC [Australian
Human Rights Commission] recommended ensuring
that Australia’s international human rights obligations are
comprehensively incorporated into law.
5.
AHRC stated that the Government should reform federal
anti-discrimination laws to ensure comprehensive protection and
improve effectiveness. The Government should also set a timetable for
achieving reform of the Constitution to remove capacity for racial discrimination.
6.
Racial discrimination was present in society, particularly for
Aboriginal and Torres Strait Islander peoples. AHRC was concerned
about the increase in severe Islamophobic attacks, far-right
extremism, and increased racism experienced by people of Asian
background during the COVID-19 pandemic and cyber racism.
7.
Age discrimination was a major barrier to the participation of old
persons in the labour force. Older women were the fastest growing
cohort of homeless in 2011–2016.
8.
AHRC was concerned about involuntary surgery on people born with
variations in sex characteristics, especially infants.
9.
The Governments should abolish mandatory sentencing laws and expand
the use of non-custodial measures where appropriate.
10.
The Governments should raise the minimum age of criminal
responsibility to at least 14 years, and prohibit the use of
isolation and force as punishment in juvenile justice facilities.
11.
National security laws and law enforcement powers on metadata
retention and encryption, unjustifiably limited freedom of expression
and privacy, especially for journalists and whistleblowers.
Government should amend national security laws so that they do not
unduly limit human rights, particularly freedom of expression and the
right to privacy.
12.
Some state and territory laws unduly restricted the right of peaceful
assembly. Governments should ensure that all laws that regulate
protest activity are consistent with the right of peaceful assembly.
13.
AHRC recommended ensuring that restrictions enacted to combat the
COVID-19 pandemic are proportionate and are removed as soon as the
public emergency is over.
14.
The main income support payment for unemployed Australians ‘JobSeeker
Allowance’ was inadequate. AHRC expressed concerns at punitive
welfare programs, notably the ‘ParentsNext’ ‘pre-employment’
program and compulsory income management schemes that
disproportionately affected indigenous peoples. Government should
ensure that JobSeeker Allowance payments provide recipients with an
adequate standard of living, that Welfare support programs be
reformed so they are not punitive, and that current models of income
management be discontinued or redesigned as voluntary, opt-in schemes
that are used as a ‘last resort’.
15.
The Government should expand human rights education in all areas of
the public sector, particularly for those working with children and
in the administration of justice and places of detention, and
incorporate human rights more fully in the national school
curriculum.
16.
The gender pay gap was 14 percent, contributing to the significant
gap in retirement savings for women. Government should implement
targeted strategies to close the gender pay gap and ensure women’s
economic security later in life.
17.
AHCR noted that domestic and family violence against women remained
endemic. The Government should increase prevention and early
intervention initiatives on domestic and family violence.
18.
Rates of children in out-of-home care increased, with Indigenous
children significantly over-represented. Governments should
prioritise early intervention programs to prevent children entering
child protection systems.
19.
The National Disability Strategy 2010–2020 remained underfunded,
with key commitments not achieved. There was limited progress in
addressing the sterilisation of persons with disabilities without
consent, and implementing a nationally consistent supported
decision-making framework. Rates of labour force participation of
persons with disabilities
had not improved. Little progress were made in addressing the
indefinite detention of persons with disabilities who were assessed
as unfit to stand trial or not guilty by reason of mental impairment.
20.
The Closing the Gap strategy aimed to ‘close the gap’ between
Indigenous and nonIndigenous Australians across a range of life
outcomes. In 2020, two of the seven targets-early childhood education
and Year 12 attainment - were on track to be met by 2031. Other areas
such as employment and school attendance had not seen improvements,
and the life expectancy gap persisted.
21.
AHRC recommended ensuring that immigration detention is justified,
time limited, and subject to prompt and regular judicial oversight.
Government should reduce numbers of people held in immigration
detention to maintain safety during COVID-19 pandemic. Government
should amend the Migration Act 1958 to prohibit placing children in
immigration detention.
22.
AHCR recommended conducting refugee status determination consistently
with international obligations, and providing permanent protection
for refugees and family sponsorship. Government should provide
sufficient support to asylum seekers to ensure an adequate standard
of living.
The Summary of Stakeholders' Submissions on Australia also noted:
63. JS1 explained that cashless debit and income management schemes expanded in
recent years despite their discriminatory impact on indigenous peoples and single mothers,
their restriction on individual decision making, and weak evidence of effectiveness. SHRL explained that the Community Development Program required welfare recipients in
remote communities to undertake work or training in order to access social security
payments, with indigenous peoples heavily overrepresented in the program and in financial
penalties resulting from non-compliance, further plunging them into poverty. JS1 stated
that Australia must replace compulsory cashless debit and income management schemes
with voluntary models which are non-discriminatory in design and implementation.
The final United Nations Human Rights Council review report is yet to be published. Its findings are unlikely to overly complimentary, given on 20 January 2021 so many other member nations voiced their concerns about Australia's human rights record.