Human Rights Council report on Israel's "concerted policy to destroy Gaza’s healthcare system as part of a broader assault on Gaza" will be presents to UN General Assembly’s 79th session on 30 October 2024

 

Given that Gaza, the West Bank and the wider  Middle East conflict have now become part of the increasingly intense Australian political debate surrounding the next federal general election in May 2025, the following is posted today.

UNITED NATIONS HUMAN RIGHTS COUNCIL, media release, 10 October 2024:

UNCommission finds war crimes and crimes against humanity in Israeliattacks on Gaza health facilities and treatment of detainees,hostages

GENEVA (10 October 2024) – Israel has perpetrated a concerted policy to destroy Gaza’s healthcare system as part of a broader assault on Gaza, committing war crimes and the crime against humanity of extermination with relentless and deliberate attacks on medical personnel and facilities, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel said in a newreport today.

The Commission also investigated the treatment of Palestinian detainees in Israel and of Israeli and foreign hostages in Gaza since 7 October 2023, and concluded that Israel and Palestinian armed groups are responsible for torture and sexual and gender-based violence.

“Israel must immediately stop its unprecedented wanton destruction of healthcare facilities in Gaza,” said Navi Pillay, Chair of the Commission. “By targeting healthcare facilities, Israel is targeting the right to health itself with significant long-term detrimental effects on the civilian population. Children in particular have borne the brunt of these attacks, suffering both directly and indirectly from the collapse of the health system.”

The report found that Israeli security forces have deliberately killed, detained and tortured medical personnel and targeted medical vehicles while tightening their siege on Gaza and restricting permits to leave the territory for medical treatment. These actions constitute the war crimes of wilful killing and mistreatment and of the destruction of protected civilian property and the crime against humanity of extermination.

Attacks on medical facilities in Gaza, particularly those devoted to paediatric and neonatal care, have led to incalculable suffering of child patients, including newborns, the report said. In continuing these attacks, Israel has violated children’s right to life, denied children access to basic healthcare, and deliberately inflicted conditions of life resulting in the destruction of generations of Palestinian children and, potentially, the Palestinian people as a group.

In one of the most egregious cases, the Commission investigated the killing of five-year-old Hind Rajab, along with her extended family, and the shelling of a Palestinian Red Crescent Society ambulance and killing of two paramedics sent to rescue her. The Commission determined on reasonable grounds that the Israeli Army’s 162nd Division operated in the area and is responsible for killing the family of seven, shelling the ambulance and killing the two paramedics inside. This constitutes the war crimes of wilful killing and an attack against civilian objects.

The deliberate destruction of health infrastructure providing sexual and reproductive healthcare, combined with the lack of access and availability to healthcare, is also a violation of women’s and girls’ reproductive rights and their right to life, health, human dignity and non-discrimination, as well as the crime against humanity of other inhumane acts.

Regarding the detention of Palestinians in Israeli military camps and detention facilities, the report found that thousands of child and adult detainees, many of whom were arbitrarily detained, have been subjected to widespread and systematic abuse, physical and psychological violence, and sexual and gender-based violence amounting to the war crime and crime against humanity of torture and the war crime of rape and other forms of sexual violence. Male detainees were subjected to rape, as well as attacks on their sexual and reproductive organs and forced to perform humiliating and strenuous acts while naked or stripped as a form of punishment or intimidation to extract information. The deaths of detainees as a result of abuse or neglect amount to the war crimes of wilful killing or murder and violations of the right to life.

Child detainees released by Israeli authorities have returned to Gaza severely traumatized, unaccompanied, with limited ability to locate or communicate with their families.

The report found that the institutionalized mistreatment of Palestinian detainees, a longstanding characteristic of the occupation, took place under direct orders from the Israeli Minister in charge of the prison system, Itamar Ben-Gvir, and was fuelled by Israeli government statements inciting violence and retribution.

“The appalling acts of abuse committed against Palestinian detainees require accountability and reparations for the victims,” said Pillay. “The lack of accountability for actions ordered by senior Israeli authorities and carried out by individual members of Israeli security forces and the increasing acceptance of violence against Palestinians have allowed such conduct to continue uninterrupted, becoming systematic and institutionalized.”

Regarding the Israeli and foreign hostages held in Gaza by Palestinian armed groups, the report found that many were mistreated to inflict physical pain and severe mental suffering, including physical violence, abuse, sexual violence, forced isolation, limited access to hygiene facilities, water and food, threats and humiliation. Hamas and other Palestinian armed groups forced hostages to participate in videos with the intent of inflicting psychological torture on the families of hostages, to achieve political aims. Several hostages were killed in captivity. Hamas and other Palestinian armed groups committed the war crimes of torture, inhuman or cruel treatment, and the crimes against humanity of enforced disappearance and other inhumane acts causing great suffering or serious injury.

“Palestinian armed groups must release immediately and unconditionally all Israeli and foreign hostages held in Gaza. Hostages must be treated in accordance with the requirements of international humanitarian law and international human rights law until they are released,” said Pillay.

The Commission urges Israel’s Government to immediately cease targeting medical facilities, staff and vehicles, halt the arbitrary and unlawful detention of Palestinians, including children, and end torture and other ill-treatment of all those who have been arrested or detained.

The Commission calls on the Government of the State of Palestine and the de-facto authorities in Gaza to ensure the protection and safe release of all hostages immediately and unconditionally, and thoroughly and impartially investigate and prosecute violations of international law, including the targeting of medical facilities in Israel.

Addressing the conflict’s root causes, the Commission urges the Government of Israel to comply with the directions of the July 2024 Advisory Opinion of the International Court of Justice to end the unlawful occupation of Palestinian territory, cease new settlement plans and activities, evacuate all settlers and make reparations to victims. It also calls on Israel to comply with provisional measures ordered by the International Court of Justice to prevent the commission of all acts within the scope of Article II(a)-(d) of the Genocide Convention.

The Commission’s report will be presented to the General Assembly’s 79th session on 30 October 2024 in New York.

Background: The UN HumanRights Council mandated the Commission on 27 May 2021 to “investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021.” Resolution A/HRC/RES/S-30/1 further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity.” The Commission of Inquiry was mandated to report to the Human Rights Council and the General Assembly annually commencing from June 2022 and September 2022, respectively.

More information on the work of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, can be found here.

The third report to the U.N. General Assembly on 11 October 2024, Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (24 pages) can be read and downloaded at:

https://documents.un.org/doc/undoc/gen/n24/262/79/pdf/n2426279.pdf

Exerpt from Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, 11 September 2024:

III. Factual findings

A. Attacks on medical facilities and personnel

6.     According to the World Health Organization (WHO), between 7 October 2023 and 30 July 2024, Israel carried out 498 attacks on health-care facilities in the Gaza Strip. A total of 747 persons were killed directly in those attacks and 969 others were injured, and 110 facilities were affected. WHO reported that 78 per cent of the attacks between 7 October 2023 and 12 February 2024 were carried out through military force, while 35 per cent involved obstruction of access and 9 per cent involved militarized search and detention operations. Attacks were widespread and systematic, starting in the north of the Gaza Strip (October to December 2023) and then later occurring in the centre (December 2023 to January 2024), the south (January to March 2024) and other areas (April to June 2024). The stated justification of the Israeli security forces for the attacks was that Hamas was using hospitals for military purposes, including as command-and-control centres.

7.     Israeli security forces carried out air strikes against hospitals, causing considerable damage to buildings and surroundings, as well as multiple casualties;

surrounded and besieged hospital premises; prevented the entry of goods and medical equipment and exit/entry of civilians; issued evacuation orders but prevented safe evacuations; and raided hospitals, arresting hospital staff and patients. Israeli security

forces also obstructed access by humanitarian agencies.

8.     According to the Ministry of Health in Gaza, 500 medical staff were killed between 7 October and 23 June. The Palestine Red Crescent Society reported that 19 of its staff or volunteers had been killed since 7 October, and that many others had been detained and attacked. Medical personnel stated that they believed they had been intentionally targeted.

9.     Hundreds of medical personnel, including three hospital directors and the head of an orthopaedic department, as well as patients and journalists were arrested by Israeli security forces in Shifa’, Nasr and Awdah hospitals during offensives. In at least two cases, senior medical personnel died in Israeli detention (see paras. 70 –72). Reportedly, 128 health workers remain detained by Israeli authorities as at 15 July, including four Palestine Red Crescent Society staff members.

10.     As at 15 July, 113 ambulances had been attacked and at least 61 had been damaged. The Commission documented direct attacks on medical convoys operated by the International Committee of the Red Cross (ICRC), the United Nations, the Palestine Red Crescent Society and non-governmental organizations. Access was also reduced owing to closure of areas by Israeli security forces, delays in coordination of safe routes, checkpoints, searches or destruction of roads.

Sometime between 1- 2 April 2024 the State of Israel stepped off the cliff and became a pariah state

 

Sometime between 1 & 2 April 2024 the State of Israel under the direction of the Likud Government did what it had done many times since 7 October 2023, it killed humanitarian aid workers during its war on the Palestinian population within the Gaza Strip.

This time it was six international aid workers with the food aid charity World Central Kitchen and their Palestinian translator. One of those killed was a Melbourne-born Australian citizen, Ms. Lalzawmi "Zomi" Frankcom. Sadly they joined the 176 United Nations aid workers killed since 7 October 2024.

After six months the Palestinian death toll stands at 33,091 civilians killed in ongoing Israeli Defence Force (IDF) attacks - including 13,000 children. With the UN Committee on the Rights of the Child confirming in March 2024 that 27 children have died of preventable starvation - though this number is thought to be a gross underestimation. There is no count possible of the men, women & children missing presumed dead under the rubble in this violent chaos.

This time the world surprised the Likud Government and its IDF - it did not bow down to an international bully and it no longer accepted that what has been occurring in occupied Gaza is a legitimate response by the Likud Government to the death of 1,200 Israelis in a terrorist incursion into Israel on 7 October 2023. 

So on 3 April in a public video statement the unrepentant Israeli Prime Minister Benjamin Netanyahu responded to this rising outrage: "Unfortunately in the past day there was a tragic event in which our forces unintentionally harmed non-combatants in the Gaza Strip". However, he could not stop himself from further stating "This happens in wartime. We are thoroughly looking into it..."

Around forty-eight hours later on 5 April this statement was released:

April 5, 2024

Conclusion of the investigation of the General Staff Fact-Finding and Assessment Mechanism into the incident in which seven employees of the World Central Kitchen were killed during a humanitarian operation in the Gaza Strip

The investigation of the grave incident in which seven workers of the World Central Kitchen (WCK) were killed in the Gaza Strip as a result of IDF fire was carried out by the Joint Chiefs of Staff's Fact-Finding and Assessment Mechanism (FFAM), led by MG (res.) Yoav Har-Even, was presented yesterday (Thursday) to the IDF Chief of the General Staff, LTG Herzi Halevi.

After presenting the findings of the investigation to the Chief of the General Staff, MG (res.) Har-Even presented them to the WCK organization and reiterated the IDF’s deep sorrow about the incident. The findings were also presented in briefings to international ambassadors and journalists.

The event occurred on April 1, 2024, during an operation to transfer humanitarian aid from the WCK to the Gaza Strip. The investigation found that the forces identified a gunman on one of the aid trucks, following which they identified an additional gunman. After the vehicles left the warehouse where the aid had been unloaded, one of the commanders mistakenly assumed that the gunmen were located inside the accompanying vehicles and that these were Hamas terrorists. The forces did not identify the vehicles in question as being associated with WCK. Following a misidentification by the forces, the forces targeted the three WCK vehicles based on the misclassification of the event and misidentification of the vehicles as having Hamas operatives inside them, with the resulting strike leading to the deaths of seven innocent humanitarian aid workers. The strikes on the three vehicles were carried out in serious violation of the commands and IDF Standard Operating Procedures.

The investigation’s findings indicate that the incident should not have occurred. Those who approved the strike were convinced that they were targeting armed Hamas operatives and not WCK employees. The strike on the aid vehicles is a grave mistake stemming from a serious failure due to a mistaken identification, errors in decision-making, and an attack contrary to the Standard Operating Procedures.

After being presented with, and considering the investigation's findings, the IDF Chief of the General Staff decided that the following command measures will be taken: the brigade fire support commander, an officer with the rank of major, will be dismissed from his position. The brigade chief of staff, an officer with the rank of colonel in reserve, will be dismissed from his position. Additionally, the brigade commander and the 162nd Division commander will be formally reprimanded. The IDF Chief of Staff decided to formally reprimand the commander of the Southern Command for his overall responsibility for the incident.

The IDF takes seriously the grave incident that claimed the lives of seven innocent humanitarian aid workers. We express our deep sorrow for the loss and send our condolences to the families and the WCK organization. We consider the vital humanitarian activity of international aid organizations to be of utmost importance, and we will continue to work to coordinate and assist their activities, while ensuring their safety and safeguarding their lives.

The IDF once again emphasizes its commitment to fighting against the Hamas terrorist organization, while upholding the values of the IDF, the laws of war, and avoiding harming civilians. The IDF will learn the lessons of the incident and will incorporate them into the IDF's ongoing operations.

Again the world reacted in a way that the Likud Government had perhaps not anticipated. Many of its allies saw this statement as merely rapping the knuckles of the IDF soldiers involved and glibly moving on with its disproportionally destructive war aimed at ethnic cleansing in occupied Palestinian territory. 

On the same day the UN Human Rights Council issued this press release:

Human Rights Council Adopts Five Resolutions, including a Text Calling foran Immediate Ceasefire in Gaza, Urging States to Prevent theContinued Forcible Transfer of Palestinians Within or From Gaza, andCalling on States to Cease the Sale or Transfer of Arms to Israel

05 April 2024

The Human Rights Council this morning adopted five resolutions, including a text in which it demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, calling for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza, and to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel.

The five resolutions concerned the human rights situation in the occupied Palestinian territory, including East Jerusalem, realising the rights of the child and inclusive social protection, the right of the Palestinian people to self-determination, human rights in the occupied Syrian Golan, and Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan.

Concerning the human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, the Council adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised) a resolution in which it demanded that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem. The Council also demanded that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment, and called for an immediate ceasefire in Gaza. The Council called upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza. It called upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel and requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to present its report to the Council at its fifty-ninth session.  [my yellow highlighting]

The Council also requested the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem. The Council requested the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue.

As for the rights of the child: realising the rights of the child and inclusive social protection, the Council requested the High Commissioner to prepare a report on child rights mainstreaming across the United Nations, including on the implementation of the Guidance Note of the Secretary-General, and to present the report to the Council at its fifty-ninth session. It also requested the High Commissioner to prepare a report on the rights of the child and violations of the human rights of children in armed conflict and to present the report to the Human Rights Council at its sixtieth session. It requested the Office of the High Commissioner to organise the annual full-day meeting on the rights of the child in 2026 on the theme of the rights of the child and violations of the human rights of children in armed conflicts.

On the right of the Palestinian people to self-determination, the Council adopted by a vote of 42 in favour, 2 against and 3 abstentions, a resolution in which it called upon Israel, the occupying power, to immediately end its occupation of the occupied Palestinian territory, including East Jerusalem, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine, and reaffirmed its support for the solution of two States, Palestine and Israel, living side by side in peace and security. The Council urged all States to adopt measures as required to promote the realisation of the right to self-determination of the Palestinian people and decided to remain seized of the matter.

Regarding human rights in the occupied Syrian Golan, adopted by a vote of 29 in favour, 14 against and 4 abstentions, the Council demanded that Israel immediately cease all settlement-related plans and activities in the occupied Syrian Golan and determined that all legislative and administrative measures and actions taken or to be taken by Israel that seek to alter the character and legal status of the occupied Syrian Golan are null and void. It requested the Secretary-General to disseminate the resolution as widely as possible and to report on this matter to the Council at its fifty-eighth session.

As for Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, the Council adopted by a vote of 36 in favour, 3 against and 8 abstentions (as orally revised) a resolution in which it called upon Israel to comply with all its obligations under international law and to cease immediately all actions causing the alteration of the character, status and demographic composition of the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan, and to end without delay its occupation of the territories occupied since 1967. The Council requested the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to prepare a report on the identities of settlers, as well as settler groups and their members, that have engaged in or continue to engage in acts of terror, violence or intimidation against Palestinian civilians and the actions taken by Israel and by third States, and to present the report to the Council at its fifty-ninth session.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-fifth regular session can be found here.....

Action on Resolution under Agenda Item Two on the Annual Report of the United Nations High Commissioner for Human Rights, and Reports of the Office of the High Commissioner and the Secretary-General

In a resolution (A/HRC/55/L.30) on the Human rights situation in the occupied Palestinian territory, including East Jerusalem, and the obligation to ensure accountability and justice, adopted by a vote of 28 in favour, 6 against and 13 abstentions (as orally revised), the Council demands that Israel, the occupying power, end its occupation of the Palestinian territory occupied since 1967, including East Jerusalem; also demands that Israel immediately lift its blockade on the Gaza Strip and all other forms of collective punishment; calls for an immediate ceasefire in Gaza, for immediate emergency humanitarian access and assistance, and for the urgent restoration of basic necessities to the Palestinian population in Gaza; calls upon all States to take immediate action to prevent the continued forcible transfer of Palestinians within or from Gaza; calls upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel; urges all States to continue to provide emergency assistance to the Palestinian people and calls upon all States to ensure that the United Nations Relief and Works Agency for Palestine Refugees in the Near East receives predictable sustained and sufficient funding to fulfil its mandate; invites the General Assembly to recommend that the Government of Switzerland promptly convene the Conference of High Contracting Parties to the Fourth Convention on measures to enforce the Convention in the occupied Palestinian territory, including East Jerusalem; requests the Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel to report on both the direct and indirect transfer or sale of arms, munitions, parts, components and dual use items to Israel, the occupying power, and to analyse the legal consequences of these transfers, and to present its report to the Council at its fifty-ninth session; requests the Secretary-General to ensure the availability of all additional resources, including through voluntary resources, necessary to enable the Commission of Inquiry to carry out its mandate; requests the Office of the High Commissioner to deploy the additional necessary personnel, expertise and logistics to the occupied Palestinian territory country office to document and pursue accountability for violations of international human rights law and international humanitarian law committed in the occupied Palestinian territory, including East Jerusalem; and requests the High Commissioner for Human Rights to report on the implementation of the present resolution to the Council at its fifty-eighth session, to be followed by an interactive dialogue; and decides to remain seized of the matter.

The results of the vote are as follows:

In favour (28): Algeria, Bangladesh, Belgium, Brazil, Burundi, Chile, China, Cote d’Ivoire, Cuba, Eritrea, Finland, Gambia, Ghana, Honduras, Indonesia, Kazakhstan, Kuwait, Kyrgyzstan, Luxembourg, Malaysia, Maldives, Morocco, Qatar, Somalia, South Africa, Sudan, United Arab Emirates, and Viet Nam.

Against (6): Argentina, Bulgaria, Germany, Malawi, Paraguay and United States.

Abstentions (13): Albania, Benin, Cameroon, Costa Rica, Dominican Republic, France, Georgia, India, Japan, Lithuania, Montenegro, Netherlands, and Romania.

In Australia these words were penned in a small daily newsletter and a pithy cartoon drawn......

The Echidna, newsletter, 5 April 2024:

Israel on the brink of becoming a pariah state

Thursday April 4, 2024

John Hanscombe

Shit happens, especially in war. At least that's what Benjamin Netanyahu tells us with brute insensitivity while admitting the IDF was responsible for the strike that killed seven aid workers, including Australian Zomi Frankcom, in Gaza.

Any comfort for the families of the slain that may have come from the admission of responsibility evaporated with the caveat the Israeli PM appended to his wafer thin expression of remorse. But we shouldn't be surprised, nor should we be shocked.

Netanyahu has been making poor excuses for the abominable conduct of the war in Gaza for months now. Every hospital or school obliterated, every air strike that takes the lives and futures of Palestinians dug out of the rubble of their crowded homes has been rationalised as the unfortunate but necessary mechanics of war.

Whatever high moral ground Israel had after the October 7 Hamas atrocities has been abandoned. After months systematically levelling Gaza, claiming more than 30,000 lives in the process and ignoring pleas from the global community to exercise restraint, the country now teeters on the brink of becoming another pariah state. Just like those it routinely condemns.

Many Israelis know this. They're out on the streets in their thousands demanding the resignation of Netanyahu because of his mishandling of the war. They know the chances of seeing hostages returned diminish every day the relentless bombing continues. Some no doubt wonder if Netanyahu ever really intended to have the hostages returned or whether in his ruthless calculus they were always collateral damage.

And Jewish people around the world are coming to the same realisation. The Jewish Council of Australia yesterday called on Australia to cut all military ties with Israel and impose sanctions while the Zionist Federation of Australia predictably sheeted blame for the Australian's death on Hamas.

Until now, I'd been loath to weigh into the Gaza conflict. Nothing I could do or so say would make any difference and there was the risk of a pile-on from one side or the other. But I'd encountered the good work of World Central Kitchen at another catastrophe on the other side of the world, which somehow made Zomi Frankcom's death seem personal.

Covering the aftermath of the Lismore floods, I'd come across WCK volunteers providing meals for the residents of that shattered town. This was no distant disaster response seen through the lens of the TV news. It was up close and very real. And the gratitude of the traumatised flood survivors who gathered to be fed was palpable. [My yellow highlighting]

They found not only physical sustenance but fellowship as well. Tears flowed in the troubled eyes of one fellow, who told me his soul was filled with mud, as he gave thanks to the people like the WCK crew who had helped him, not just with food but with kinds words and hope.

Now, the help that was given to Palestinians has been paused, not just by WCK but by other aid groups who fear for their workers' safety.

Yet again the innocent suffer. Yet again, shit happens.

Peter Broelman

Australian Human Rights Commission's UN accreditation withheld due to unease over federal government process of installing 'captain's pick' commissioners, as well as doubts about the commitment of the current Australian Attorney-General

 

Australian Human Rights Commission, general release, 7 April 2022:

Statement on international accreditation of the Australian Human Rights Commission

The Australian Human Rights Commission’s status as a National Human Rights Institution (NHRI) has been reviewed by the Global Alliance of National Human Rights Institutions (GANHRI) – the international standards body.

This review, conducted every five years, considers whether the Commission continues to meet the UN Principles on National Institutions (commonly known as the Paris Principles), which establish whether national human rights commissions operate with the necessary level of institutional independence to ensure the effective promotion and protection of human rights.

The Commission faced three possible outcomes through this review: reaccreditation as an A-status institution; downgrade to a B-status institution; or deferral of reaccreditation for a period of time in order for serious matters of compliance to be addressed.

The Australian Human Rights Commission was not reaccredited as an A-status national human rights institution. Its reaccreditation was deferred.

The key concern of the Committee that led to the deferral was the selection and appointment process for Commissioners. This latest report of 29 March 2022 reflects feedback from the Committee over a 10-year period about Australia’s appointment processes, with three appointments in this timeframe that did not meet the accreditation requirements.

Click to read the accreditation statement from GANHRI

The Australian Government now has approximately 15 months to address this matter before a final decision on the Commission’s status is taken by the Committee in October 2023. The Committee has indicated that the Commission is at risk of being downgraded to a B-status NHRI if this issue is not sufficiently addressed within this timeframe.

For 30 years the Australian Government has played a key role in promoting the establishment of national human rights institutions across the globe, including by leading resolutions in the UN General Assembly and UN Human Rights Council on the importance of such institutions. This is the first time the Commission has been at risk of losing its A-status as an NHRI since the establishment of international standards for National Human Rights Institutions in 1993.

The Commission’s President, Emeritus Professor Rosalind Croucher AM, has shared with the Government the Commission’s concerns over the implications of the deferral and potential risks to the promotion and protection of human rights in Australia, as well as Australia’s reputation internationally.

The Commission continues to advocate for the necessary policy and legislative changes to ensure Commissioner appointments are publicly advertised and subject to an open, transparent and merit-based process, in line with our international commitments. The Commission will continue to work with the Government, the Parliament and civil society to secure a successful re-accreditation as an A-status NHRI in 2023.

Australia quite rightly boasts that it was there at the genesis of the United Nations , but it is not a member in good standing

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.