PART 2 OF THE CORE – HUMAN RIGHTS

PRINCIPAL FOCUS: Through the use of a range of contemporary examples, students investigate the notion of human
rights and assess the extent to which legal systems embody such human rights and promote them in practice.
THEMES AND CHALLENGES:
 The changing understanding of the relationship between state sovereignty and human rights.
 Issues of compliance and non-compliance in relation to human rights.
 The development of human rights as a reflection of changing values and ethical standards.
 The role of law reform in protecting human rights.
 The effectiveness of legal and non-legal measures in protecting human rights.

1) THE NATURE AND DEVELOPMENT OF HUMAN RIGHTS

 Domestic Rights: rights protected by domestic legislation and apply to those within a particular jurisdiction.
These vary between nations and are easier to enforce than IL.
 International Rights: apply to everyone in the world, regardless of where they live. These do not vary
between nations; these are universal and all-encompassing and apply regardless of domestic rights. Eg: the
right to life. [These are more difficult to enforce due to the power of state sovereignty.]
1.1 DEFINE HUMAN RIGHTS:
 Fundamental entitlements of people arising by virtue of their humanity. Features:
- Universal [Apply to all regardless of circumstance.]
- Inherent [Intrinsic to human experience.]
- Inalienable [Cannot be removed, given up, traded, or sold.]
- Indivisible [All equally important and no rights are better than others; All are entitles to the full expression of
each human rights.]
- Interdependent [Enjoyment of these rights depends on the full expression of all others.]
 Human rights are recognised at an international level through the Universal Declaration of Human Rights
[1948], and the Charter of the United Nations [1945].
 Three types of human rights:
- 1st Generation - Civil and Political Rights:
> Recognition: Articles 3-21 of the UDHR; International Covenant on Civil and Political Rights [1996].
> Protects individuals from the arbitrary exercise of power by the state.
> The right to life, nationality, freedom from slavery, security, freedom from
torture/cruel/inhumane/degrading treatment of punishment, equality before the law, asylum, etc.
nd
- 2 Generation - Economic, Social and Cultural Rights:
> Recognition: International Covenant on Economic, Social and Cultural Rights [1966]
> Concerned with the material and cultural wellbeing of people.
> The right to social security, education, adequate standard of living, equal pay for equal work, join and
form trade unions, enjoyment of the highest sustainable standard of living, physical and mental health.
rd
- 3 Generation – Solidarity/Collective Rights:
> Recognition: Declaration on the Right to Development [1986]
> Collective right, only able to be claimed as a group.
> Self-determination [right of a group to govern themselves], environmental rights, etc.
1.2 OUTLINE HOW HUMAN RIGHTS HAVE CHANGED AND DEVELOPED OVER TIME; INVESTIGATE THE EVOLVING
RECOGNITION AND IMPORTANCE OF UNIVERSAL HUMAN RIGHTS:
 Three categories: concepts, documents, and movements.
 CONCEPTS:
- ‘NATURAL LAW’: A legal philosophy that argues there is a law above human law to which all humans are
subject. These laws are said to derive from an unchanging natural body of moral principles that are the basis
for all human conduct, and consequently are considered universally valid.

 DOCUMENTS:

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 - MAGNA CARTA 1215: Limits the power of the Monarchy over their subjects. All citizens have the right to
freedom, all are equal before the law, all laws must be passed in Parliament, crimes are bought before court,
and property cannot be confiscated without compensation.
- ENGLISH BILL OF RIGHTS 1688: Transferred power from the monarchy to Parliament. Ensured that royalty
could not override laws freely elected in parliament, freedom of speech, freedom from cruel and unusual
punishment.
- US DECLARATION OF INDEPENDENCE 1776: Initially a response to English colonial repression. When the UK
tried to impose taxes on American colonists, the English were seen as an oppressive force and independence
was declared by the Americans. Right to freedom from arbitrary power of the state, all are created equal,
espoused certain human rights like ‘Life, Liberty, and the pursuit of Happiness.’
- CONSTITUTION OF THE USA 1787: Based on the separation of powers. Protects the individual from the
arbitrary abuse of power by state. Bodies cannot abuse their powers, the liberties of the citizens are
protected.
- FRENCH DECLARATION ON THE RIGHTS OF MAN AND THE CITIZEN 1789: This was the first attempt to create
international H.R. Aimed to protect the rights that its’ creators believed were inherent, inalienable and
universal. Democratic governance, equality before the law, liberty, freedom of speech, of action, and of
religion, respect for property.
- US BILL OF RIGHTS 1791: A constitutional bill regarding civil and political rights. Guarantees freedom from
government interference in matters pertaining to the individual. Freedom of speech, of press, of assembly,
entitlement to a fair trial, freedom from inhumane punishment, freedom from the denial of rights.

 MOVEMENTS:
1) THE ABOLITION OF SLAVERY
- Slavery: the servitude of a person/persons, having been bought and sold as property for other people to use.
Historically, the most common forms of slavery included debt slavery, punishment for crimes, prisoners
under war conditions, and generational slavery. Slavery still exists today in the forms of bonded labour, child
labour, human trafficking and forced marriage. There are close to 30 million slaves today. Slavery is dealt
with in Article 4 of the UDHR [No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms] and Article 8 of the ICCPR [No one shall be held in slavery; slavery and the
slave-trade in all their forms shall be prohibited] and the International Slavery Convention [1926].
- Slavery still exists today as demonstrated by the case of Wei Tang [2006]. The Age ‘Madam or Slave
Owner?’ – Karen Kissane (17/5/08)
Wei Tang had 5 women as prostitutes. Upon arrival, they had little to no money and did not speak English.
Each were told to be owing between $40-50k They were forced to work between 10-12 hours per night for
six nights; profits from working on the seventh night could be kept by the women. The women were said to
have served up to 900 men each. The brothel was raided in 2003. It was argued that this was debt
prostitution, and not slavery. “A happy slave is still a slave.” Issue: Should she be convicted if she did not
knowingly intend to possess slaves? Nina Vallins defines trafficking as:
1) Person moved from A to B.
2) Person kidnapped/agrees to leave but there’s deception.
3) Purpose of moving is exploitation.
- Transatlantic Slave Trade: Over 400 years, there were over 12.5 million slaves from Africa to America.
Abolitionism in the USA caused serious conflict between the northern and southern states in America,
leading to the American Civil War in 1861-65. The supporters of slavery were in for the economic gain, while
those who condemned slavery had the welfare of the slaves in mind. Following the US Declaration of
Independence [1776] – all men are created equal- the northern states began to abolish slavery. By the start
of the civil war, the slave population was at 4 million. By 1865, Abraham Lincoln declared all slaves free by
1865.

2) TRADE UNIONISM AND LABOUR RIGHTS

- Trade union: An organisation of employees in a particular industry or workplace that unite to fight for proper
working conditions. Topics targeted include minimum wages, equal pay, maternity leave, OHS laws, and
workers compensation. The foundation of these organisations is the concept of ‘strength in unity.’

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 - The Industrial Revolution: an 18th and 19th century stage of development in the areas of agriculture,
manufacture and transport. Due to the rush for increased output, employees were exploited, and many had
their basic human rights entitlements ignored, and thus denied. This revolution is considered the catalyst in
the development of trade unionism and labour rights.
- Early forms of legislation aimed to compel labourers into work, rather than to protect them. The first trade
unions were extremely frowned upon by the upper classes of society who were in charge of factories and
wealthier businesses. They were considered as conspirators who aimed to sabotage the progress made in
the Industrial Revolution. Trade unionism was criminalised.
- The first Trade Union Congress took place in 1868. By the time of the second congress in 1869, the 40
representatives who attended represented over ¼ million workers in the UK. Due to pressure, British
Parliament passed the Trade Unions Act [1871] [UK] which secured the legal status of trade unions.
- In 1981 the unions in Australia joined to form their own political party, the Australian Labour Party [ALP.]
- In the late 19th century, organisations were formed and gatherings were organised around the world to
promote labour rights and to urge improved conditions for workers. These include the First International
[1864-76] and the Second International [1889-1916.]
- International Labour Organisation [ILO] was formed to discuss social reforms and put them into practice. It
was originally formed as an agency of the League of Nations, but after this was disbanded, it became an
agency of the UN. The ILO is responsible for many conventions on working conditions and rights, including
the Equal Remuneration Convention [1951] which supports the right to equal pay without any
discrimination on the grounds of gender.
- This issue is dealt with in Article 23 [right to work, equal pay for equal work, right to just and favourable
remuneration, right to form and join trade unions] and Article 24 [right to rest and leisure] of the UDHR. This
is also seen in the ICESCR in Article 6 [gain living by decent work, employers safeguard right through training,
equal access to employment, protection from unemployment, protection against discrimination], Article 7
[Just and favourable working conditions – equal sufficient payment, safe working conditions, equal
opportunities in the workplace, rest/leisure, limited working hours, regular paid holidays], Article 8
[Join/form trade unions, right to strike – nor restrictions other than those prescribed by law or those
necessary in the interests of public order or in the protection of the rights and freedoms of others.]
- DUBAI WORKERS RIGHTS: The Guardian “Conditions for Abu Dhabi’s migrant workers ‘shame the west.’”
David Barry (22/12/13)
 Pressure on UAE government to improve conditions.
 Issues: withholding passports, substandard/squalid conditions, deportation for strike, injuries, 9-12
months’ work required to pay back recruitment fees, sanitation.
 Workers exploited ‘on a daily basis.’
 UAE is a member of ILO, but has not ratified UN’s Convention of Freedom of Association. However,
they are obliged to follow due to the ILO’s Constitution.
 NYU Spokeswoman said the university + Abu Dhabi partners ‘have put into place a methodical
monitoring, compliance and enforcement system.’
- Benefits of these rights in contemporary society:
 Develops a sense of responsibility amongst employees and employers.
 Helps ensure adequate wages and working conditions for employees.
 Improves the morale and productivity of workers, thereby reducing the cost and efforts of labour
turnover.
 Helps in the quick settlement of workplace disputes at a larger scale, rather than dealing with petty
complaints individually.
 Improves workers’ participation in decision making.
 On a larger scale, these rights are beneficial to the economic and social development of the nation
through the creation of a harmonious industrial climate.
 Trade unionism contributes to the growing recognition of these rights, as well as the media, the UDHR
and the ICESCR.

3) UNIVERSAL SUFFRAGE
- Universal Suffrage: the right of every person of age has the right to vote periodically in free and fair
elections. This is dealt with in the UDHR Article 21 [Everyone has the right to take part in the government of

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 his country… The will of the people shall be the basis of the authority of the government, this shall be
expressed in periodic and general elections which shall be by universal and equal suffrage.]
- Universal suffrage is intrinsically linked to HR; in nations where the expression of rights is most repressed,
there is usually also an absence of universal suffrage. The governments are elected by the populous as a
whole and these governments are most likely to uphold human rights in the laws they pass. Suffrage allows
all to have a role in electing their leaders, and it makes governments responsible and accountable to the
people they represent and govern.
- The first democracies allowed only aristocratic men to vote due to a mistrust or suspicion of the general
population, or an assumption that they couldn’t understand the affairs of government. The notion that
people have the right to choose their own government/form their own government can first be found in the
American Declaration of Independence 1776 and the Declaration of the Rights of the Man and the Citizen
1789 in France. These both arose out of revolutions where the existing government was overthrown.
- In the UK, one in five males were allowed to vote with the creation of the Great Reform Act 1832 [UK]. In
1918, male suffrage was extended to all over twenty one years of age.
- In Australia, the Australian Constitution Act [No. 1] 1842 [UK] allowed men who owned a certain amount of
property to elect 2/3 of the NSW Legislative Council, and the other 1/3 to be elected by the Crown. Male
suffrage was granted in NSW by 1858.
- NZ was the first country to give women the right to vote, with Australia being the second – SA in 1894 and
NSW in 1902. Americans in 1920, many others between 1920 and 1950. Switzerland in 1971. No female
voting in Vatican City [as it is a theocracy], and Saudi Arabia.
- In many countries, racial minorities were denied the right to vote until well into the 20 th century. USA –
Voting Rights Act 1965. Indians in South Africa in 1984, and South Africans in 1994. In Australia, the 1967
referendum where over 90% of people voted ‘yes’ allowed Aboriginal people to vote.

4) UNIVERSAL EDUCATION
- Education: the teaching or schooling in a formal institution in order to instil a basic understanding of
literacy, numeracy and other essential knowledge. Education is covered in the UDHR Article 26 [Everyone
has the right to education. Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental freedoms.]
- Education is essential to HR protection because educated people question the status quo and therefore
have the means to challenge authority, particularly if that authority misuses or abuses its power, thereby
restricting rights.
- In the 18th century, education was only available to the aristocracy, and female aristocrats were mainly
educated in music, needlework and decorative arts. Lower classes were given rudimentary education.
Therefore, the vast majority of people were illiterate.
- The French Revolution and the Industrial Revolution shed light upon the increasing practical demand of a
literate population. The gradual widening of suffrage drew attention to the need for education in order to
effectively exercise their right to vote. The Church of England provided many schools during the first half of
the 19th century, and in 1833 the government began providing financial aid to schools. The British
Parliament released the Education Act 1870 which provided free elementary schools for all children.
Education for children under 12 became compulsory in 1880
- Australia’s experience:
 1810: 19% of children being educated.
 1830’s: funding to churches and private schools.
 1844: 50% aged 4-14 educated.
 1866: Public Schools Act 1866 [NSW] established a system of state elementary schools in NSW.
 1870’s: primary education became compulsory in Australian States.
- The education of women:
 Women were not given equal access in secondary and tertiary education.
 In 1921, women could attend Oxford University in the UK.
 In Australia, only some women were granted access to university in 1867.
 In 1969 only 25% of university students were female.
 Today, over 50% of university students are female, but not as many graduate in male dominated
fields.

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 - The situation today:
 In developed nations, education rights are well established, making it compulsory from 6-15 years
old.
 In Australia, the literacy rate is currently at around 99%.
 Not worldwide: 130 million children don’t have access to primary education.
 In 2001, all member states of the United Nations agreed to a series of Millennium Development
Goals which aimed to improve social and economic conditions in the world’s poorest countries. The
second goal states that all children in the world will have a minimum education up to the end of the
primary level by 2015.

5) SELF-DETERMINATION
- Self-determination: the right for a group of people to govern itself independently [without external
influence.] That is, the right to make their own decisions about how they are governed, by what laws they
are governed and by whom they are governed. It is a collective right as it can only be claimed by a group of
people, whereas an individual right is claimed without a group.
- The importance of this right is shown through its inclusion in the Charter of the UN 1945 [Article 1(2)] [To
develop friendly relations among nations based on respect for the principle of equal rights and self-
determination of peoples, and to take other appropriate measures to strengthen universal peace] and
Article 1 of the ICCPR and ICESCR [All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their economic, social and cultural
development.]
- There are six main problems that are dealt with by Indigenous groups:
1. A lack of access to self-governance
2. Cultural loss
3. Loss of traditions
4. Loss of lands
5. A need for self-determination
6. A need for political control
- Examples:
1. The Indigenous Australians who were granted self-determination through that program.
2. Timor Leste: In 1999 the UN backed this group’s self-determination, and it became a state in 2002.

6) ENVIRONMENTAL RIGHTS
- Collective right.
- Intergenerational Equity: The entitlement of future generations to enjoy the same quality of environment
that past generations did.
- The need for international protection of environmental rights has arisen because of the global nature of
negative environmental impacts such as global warming and inter-border pollution.
- Main concepts: the protection of natural resources, access to natural resources, environmental
sustainability.
- MAIN DOCUMENTS:
1) Kyoto Protocol 1998
 An international agreement linked to the United Nations Framework Convention on Climate Change.
 Designed to protect the environment from greenhouse gas emissions by compelling nation states to cut
their emissions within periods. It is based on the facts that:
a) Global warming exists.
b) Human CO2 emissions have caused it.
 Its effectiveness is limited as real change relies on international compliance and cooperation. Worldwide
environmental problems will continue to occur unless all nations collectively band together to make a
change.
2) Stockholm Declaration 1972
 “The conference calls upon Governments and peoples to exert common efforts for the preservation and
improvement of the human environment, for the benefit of all people and their posterity.”

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 Proclamation 1: “Man is both creature and moulder of his environment… through the rapid acceleration
of science and technology, man has acquired the power to transform his environment… Both aspects of
man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment
of basic human rights the right to life itself.”
 Proclamation 6: “A point has been reached in history when we must shape our actions throughout the
world with a more prudent care for the environmental consequences… To defend and improve the
human environment for present and future generations has become an imperative goal for mankind – a
goal to be pursued together with, and in harmony with, the established and fundamental goals of peace
and of worldwide economic and social development.”
 Proclamation 7: “To achieve this environmental goal will demand the acceptance of responsibility by
citizens and communities and by enterprises and institutions at every level, all sharing equitably in
common efforts. Individuals in all walks of life as well as organisations in many fields, by their values and
the sum of their actions, will shape the world environment of the future.”
 Principle 2: “Natural resources… must be safeguarded for the benefit of present and future generations.”
 Principle 4: “Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and
its habitat.”
 Principle 8: “Economic and social development is essential for ensuring a favourable living and working
environment for man and for creating conditions on earth that are necessary for the improvement of the
quality of life.”
 Principle 18: “Science and technology, as part of their contribution to economic and social development,
must be applied to the identification, avoidance and control of the environmental risks and the solution
of the environmental problems and for the common good of mankind.”
 Principle 21: “States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that activities within their jurisdiction or control
do not cause damage to the environment of other States or of areas beyond the limits of national
jurisdiction.”
 Principle 26: “Man and his environment must be spared the effects of nuclear weapons and all other
means of mass destruction. States must strive to reach prompt agreement, in the relevant international
organs on the elimination and complete destruction of such weapons.
3) Rio Declaration 1992
 Aims to establish a new and equitable global partnership through the creation of new levels of
cooperation among States, key sectors of society and people.
 Principle 1: “Human beings are at the centre of concerns for sustainable development. They are entitled
to a healthy and productive life in harmony with nature.”
 Principle 5: “All States and all people shall cooperate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the disparities in standards
of living and better meet the needs of the majority of the people of the world.”
 Principle 7: “States shall cooperate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth’s ecosystem… States have common but differentiated responsibilities.”
 Principle 11: “States shall enact effective environmental legislation. Environmental standards,
management objectives and priorities should reflect the environmental and development context to
which they apply.”
 Principle 21: “The creativity, ideals and courage of the youth of the world should be mobilised to forge a
global partnership in order to achieve sustainable development and ensure a better future for all.”
 Principle 22: “Indigenous people and their communities and other local communities have a vital role in
environmental management and development because of their knowledge and traditional practices.
States should recognise and duly support their identity, culture and interests and enable their effective
participation in the achievement of sustainable development.”
 Principle 24: “Warfare is inherently destructive of sustainable development. States shall therefore
respect international law providing protection for the environment in times of armed conflict and
cooperate in its further development, as necessary.”
 Principle 25: “Peace, development and environmental protection are interdependent and indivisible.”

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7) PEACE RIGHTS
- The fundamental entitlements afforded to all people to live free from conflict, war or any form of
oppression.
- In 1919, the Paris Peace Conference in Versailles est. The League of Nations. Primary aim: prevent war.
- 1945 brought the formation of the UN in remembrance of the atrocities of WW2.
- A non-binding resolution was created by the UNGA in 1984: Declaration on the Right of Peoples to Peace
which declared that promoting and implementing the right to peace is a fundamental obligation of states,
and that government policies should be directed towards:
a) Elimination of the threat of war whenever possible
b) Renunciation of the use of force in international relations
c) The settlement of international disputes by peaceful means on the basis of the UN Charter.
- In 2013, the UN Office of the High Commissioner for Human Rights [OHCHR] voted on a resolution in favour
of a Declaration on the Right to Peace, but it was not widely supported.
- The threat of warfare [nuclear, biological and terrorist] has made the threat of war ever-present and hence
the right to peace a necessary right.
- In IL, the right to peace is balanced against the right of self-defence that is often abused. In the UN Charter:
 Article 39: the UN Security Council can authorise actions to maintain or restore peace. Many wars have
been considered legal on this basis.
 Article 51: states have an inherent right to individual or collective self-defence if an armed attack against
them occurs.

1.3 INTERNATIONAL AND DOMESTIC RIGHTS:

 International rights: more encompassing; cover many more rights than domestic law. Not as readily enforceable.
 Domestic rights: enforceable domestic law. These have the power to hand out sanctions and/or compensation
when breached. Domestic law provides the primary protection of human rights.
 Domestic law prevails, even if it goes against the international protection of human rights [state sovereignty.]

1.4 EXAMINE MAJOR HUMAN RIGHTS DOCUMENTS AND EXPLAIN THEIR CONTRIBUTION TO THE DEVELOPMENT OF
HUMAN RIGHTS:
[THE UDHR, ICCPR AND ICESCR COLLECTIVELY FORM THE INTERNATIONAL BILL OF RIGHTS]
 UNIVERSAL DECLARATION OF HUMAN RIGHTS:
- Created in 1948.
- Content was inspired by rights in other historic documents, as well as political, philosophical and religious
movements from across the globe.
- Thirty articles covering rights to life, liberty, thought, education, asylum, etc.
- Soft law; NON-BINDING.
- Has inspired over 200 international treaties, conventions, declarations and other documents over the last
fifty years.
- The foundation for eight core human rights treaties including the ICCPR and the ICESCR.
- Arguably a part of international customary law.
- Eleanor Roosevelt’s speech on 9 December 1948 on the UDHR:
> “The realization that the flagrant violation of human rights by Nazi and Fascist countries sowed the seeds of
the last world war has supplied the impetus for the work which brings us to the moment of achievement here
today.”
> “This Declaration is based upon the spiritual fact that man must have freedom in which to develop his full
stature and through common effort to raise the level of human dignity.”
 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS:
- 1st generation rights.
- Came into effect in 1976.
- Crucial to citizens belonging to nations, and these rights are central to people living in safety and free from
fear of government.
- Supported by two optional protocols:

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 1) The First Optional Protocol to the ICCPR: allows people to complain to the UNHRC about breaches of the
ICCPR. Gives state parties a chance to opt out of the protocol.
2) The Second Optional Protocol to the ICCPR: aims to outlaw the use of the death penalty [or capital
punishment] as a sentencing option. 78 nations ratified this.
 “Death penalty violates the right to life and is the ultimate cruel, inhuman and degrading punishment.”
– Amnesty International
 Irreversible punishment, doesn’t deter crime, discriminatory, used as a political tool, used in skewed
justice systems.
 2013: 15% rise in the death penalty with China, Iran, Iraq, Saudi Arabia and the USA being the top 5
executioners.
 In 2015, there were over 1634 executions.
 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS:
- 2nd generation rights.
- Came into effect in 1976.
- Concerned with the financial, cultural and social wellbeing of citizens within a nation.
- Requires nations to undertake positive actions to ensure that their citizens participate fully and safely in the
society and maintain human dignity.
- Encourages the quality of life and are generally positive rights that place obligations or duties on the state.
- Rights cover labour [just conditions, fair wages, trade unions, etc.,] adequate standards of living, health,
education, participation in the cultural life of a community, etc.

2) PROMOTING AND ENFORCING HUMAN RIGHTS

2.1 ASSESS THE ROLE OF STATE SOVEREIGNTY IN PROMOTING AND ENFORCING HUMAN RIGHTS:
 State sovereignty: the authority of a nation state to govern itself through the creation, execution and application
of domestic laws.
 One key characteristic of a human right is its universality; state sovereignty is the contradiction of this concept.
 Caters to the cultural needs of society in terms of values, ethics, morals etc. and is a celebration of diversity
across the globe. Gives a nation the freedom to promote certain rights to its own people in a way that ensures
compliance. Eg: the right to make a living, and freedom of religious expression.
 Limits the enforceability and promotion of human rights  Australia has legislation against Article 13 of the
UDHR in regards to asylum seekers. Australia is a signatory to CROC, but detains children through control orders
and in detention centres. The Rwandan genocide was a great breach to international law, but state sovereignty
allowed the state to mind its own relations.
2.2 EVALUATE THE EFFECTIVENESS OF INTERNATIONAL RESPONSES IN PROMOTING AND ENFORCING HUMAN
RIGHTS:
 THE UNITED NATIONS [UN]:
- Article 1 of the UN Charter: defines core purpose of the UN as promoting respect for HR.
- The Office of the High Commissioner for Human Rights [OHCHR]: under the UN Secretariat. Offers support
and expertise to the various HR monitoring bodies. Oversees eight HR treaty bodies that monitor the
implementation of HR, as well as the Human Rights Council and the Universal Periodic Review.
> UDHR, ICCPR, ICESCR, CROC, Convention on the Elimination of all forms of Discrimination Against
Women [CEDAW], etc.
- HRC: subsidiary of the UNGA. 47 members responsible for the promotion and protection of HR. Examines
situations in which HR violations are occurring and advises the UNGA on what steps to take. Can request
action from the UNSC.
- UNSC: chief decision-making arm of the UN and can exercise humanitarian intervention. Rwanda: negative.
East Timor: positive.
- UNHCR [UN High Commission for Refugees]: US$ 5.3 billion in 2013, works to ensure that everybody has
the right to seek asylum and seek refuge. During times of displacement, they provide critical emergency
assistance in the form of clean water, sanitation and healthcare, as well as shelter, blankets, household
goods and sometimes food. They also arrange transport and assistance packages for people who return
home, and income-generating projects for those who resettle. Gathers data and provides statistics.

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 - Limited by consent through state sovereignty.

 INTERGOVERNMENTAL ORGANISATIONS [IGOs]:

- Comprised of various member states, usually geopolitical alliances. Eg: UN, HRC, Cth of Nations, EU, AU,
NATO, APEC, League of Arab Nations, etc.
- Lacks enforceability at times, and relies on the will of nations.
- ASEAN Intergovernmental Commission on Human Rights [AICHR]: Promotes and protects HR and
fundamental freedoms of the peoples of ASEAN, takes regional context into account, and the balance
between rights and responsibilities. Enhances regional cooperation with a view to complementing national
and international efforts on the promotion and protection of HR. Not enforceable.
- Council of Europe: HR body for Europe. Established to promote democracy and protect HR and the rule of
law. Has the European Court of Human Rights [ECHR.] Ireland v. the United Kingdom: allegations of
inhumane and degrading interrogation techniques “the five techniques” - been defined as prolonged wall-
standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink; does not
amount to ‘torture.’ Ireland requested that this case be reconsidered in 2014.
- The African Union [through the African Charter on Human and People’s Rights] established the African
Charter on Human and People’s Rights and a HR Court which hears alleged breaches of the Charter. Femi
Falana v The African Union: Sued the AU for not accepting the competence of the Court in line with Article
34[6] of the Protocol. Thus, he didn’t have access to a Human Rights court and believed that this was a
violation of human rights [freedom from discrimination, fair hearing, equal treatment, right to be heard.]
The African Court on Humans and Peoples Rights [ACHPR] ruled that the AU is not a state, therefore cannot
be sued on behalf of its member nations and is not subject to obligations arising from the Protocol. It was
implied that NGOs and individuals can only have access if the state accepts jurisdiction. Article by AfricLaw -
Roopanand Amar Mahadew [2012]: “… the complete inability of an individual, and NGO or a state to bring
an action against the AU before the court is not healthy for equal protection of human rights in Africa and
for the accountability of the AU as the IGO of Africa.”

 COURTS, TRIBUNALS AND INDEPENDENT STATUTORY AUTHORITIES

- INTERNATIONAL COURT OF JUSTICE [ICJ]: Deals with member nations and aims to promote and uphold
human rights. Delivers advisory opinions and assists in the interpretation and clarification of conventions.
> 1996 Advisory Proceeding on the Threat or Use of Nuclear Weapons which involved WHO. Said that the
use of these weapons would violate Article 6 of the ICCPR [in regards to the arbitrary deprivation of life.]
This was disregarded when it was advised that the definition of ‘arbitrary’ must be determined through
the applicable lex specialis – the law of armed conflict.
> Georgia v. Russian Federation: Claims that Russia violated the 1965 International Convention on the
Elimination of All Forms of Racial Discrimination. ICJ had no jurisdiction over investigating war
crimes/genocide/acts of discrimination, could only remind nations to uphold their duties in R2P.
- INTERNATIONAL CRIMINAL COURT: Established by the Rome Statute in 2002. Was not established for
human rights specifically but deals with serious ‘jus cogens’ violations of human rights [genocide, crimes
against humanity, war crimes.] Powerful in prosecuting individuals rather than states, not affected by state
sovereignty as a defence. 3 convictions in over a decade: Thomas Lubanga Dyilo, Germain Katanga and
Jean-Pierre Bemba. Expenditures of around $1bn. Directly deals with HR but is not resource efficient.
- INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA [ICTY]: deals with breaches of the
Geneva Conventions [war crimes] and violations of human rights in the splitting of Yugoslavia.
INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA: deals with Rwandan genocides. Both are ad hoc,
arguably resource inefficient. Both deal directly with HR violations, enforce and promote these effectively.
- European Court of Human Rights and African Court on Humans and Peoples Rights [ACHPR]: explained
above.

 NON-GOVERNMENT ORGANISATIONS [NGOs]

- Independent from the government, not biased and extremely revelatory in regards to major human rights
abuses on a global scale. Fearlessly criticise governments and expose their abuses. Extremely significant in
promoting human rights and informing audiences, supporting arguments with raw footage and statistics of

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 issues. However, not enforceable as there is no political power. Formalised recognition of NGOs is required
for them to be effective. These require respect and public cooperation in order to be successful.
- INTERNATIONAL COMMITTEE OF THE RED CROSS [ICRC]: The ICRC has a hybrid nature. As a private
association formed under the Swiss Civil Code, its existence is not in itself mandated by governments. And
yet its functions and activities - to provide protection and assistance to victims of conflict – are mandated by
the international community of States and are founded on international law, specifically the Geneva
Conventions, which are among the most widely ratified treaties in the world.
- HUMAN RIGHTS WATCH [HRW]: Staff consists of human rights professionals. Known for its fact-finding,
impartial reporting, effective use of media, and targeted advocacy, often in partnership with local human
rights groups. Publishes over 100 reports and briefings on human rights conditions a year: generates
extensive coverage in local and international media. Report, March 2016 “Good Girls Don’t Protest”: on the
Repression and Abuse of Women Human Rights Defenders, Activists, and Protesters in Sudan. Covered the
issue, made recommendations to the govt. of Sudan, the UN, the AU, and to Sudan’s donors and partner
governments.
- Amnesty International [AI]: Uses both print and electronic media to great effect, exposing human rights
abuses perpetrated by national governments. One focus: prisoners of conscious – people being held on
made up charges or being held on account of their advocacy for free speech. Refugees, free speech,
LGBTQIA+ rights, etc.
- Reporters Without Borders [RWB]: Promotes press freedom in all countries by fighting censorship and laws
undermining the press, defending journalists imprisoned or persecuted in their job, and working for the
safety of journalists, especially in war zones. RWB holds consultant status at the UN in recognition of its
importance.

 THE MEDIA
- Delivers and disseminates information to the public. Persuasive and influential. Used by IGOs and NGOs to
articulate, promote and broadcast their point of view. Promotes and hinders HR enforcements. Can
embarrass and expose governments into changing decisions, and can be used to raise issues to a scale of
international significance. When media becomes invasive, the government may respond through controlling
the media, censorship, and outright ban or covertly authorising the assassination of journalists and
reporters. Effective in promoting [when unbiased] but lacks enforceability as a non-legal measure. Places
pressure on institutions to make real change, and has the power to influence mass groups of people in
media, print and electronic methods.
- NGOs release media reports [above].
- Al Jazeera: Human rights from a non-Western perspective. Closely linked with NGOs “Amnesty reports
horrific refugee abuse stories in Libya” July 2016. Speaking to the people and pushing the real perspective
[unbiased by governments.]
- Social media based artists such as Banksy criticise the workings and inaction of government bodies in
promoting and enforcing human rights – ‘The Jungle’ works and Les Misérables girl opposite French
Embassy both comment on the refugee crisis and the treatment of refugees.

2.3 OUTLINE HOW HUMAN RIGHTS ARE INCORPORATED INTO AUSTRALIAN DOMESTIC LAW:
 Australia runs on a dualist system: a system that deems treaties binding and enforceable only through ratifying
them into domestic law or enacting them into the Constitution.
 Human rights are incorporated in statute law, common law and the constitution. [Most prominent in common
law as judges interpret and apply the law.]
 Eg: The Family Law Reform Act 1995 [Cth] was reformed to include CROC. [Theme: law reform in protecting
human rights.]

2.4 EVALUATE THE EFFECTIVENESS OF AUSTRALIAN RESPONSES IN PROMOTING AND ENFORCING HUMAN RIGHTS:
 THE CONSTITUTION [THE DIVISION AND SEPARATION OF POWERS
- Two main roles: laying down the system of Australian Government through which human rights are
recognised, and acting as a source of human rights. However, it is limited in its protection of the population.
- Separation of Powers: Legislative [law makers in parliament], Executive [government, including ministers
and agencies] and judiciary [the courts that interpret and apply the law.] The independence of the judiciary

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 is fundamental – ensures that the rule of law is upheld, and all people are equally subject to the same law.
Ensures that the rights and liberties of all are protected from abuses of power. Gives judiciary the power to
strike down legislation that contradicts the rights in the constitution.
- Division of Powers: Outlines how legislative power is divided between Commonwealth and state
parliaments. Acts as a check on government by ensuring that the power is not centralised to one area,
protecting people from abusive power. One power given to the Cth is in s51[xxix]: external affairs. This
allows them to legislate on external affairs including treaty obligations. This provides enforceability and
allows punishment for breaches of human rights by citizens.
- Express and Implied Rights: Express rights are explicitly written into the constitution [the right to vote (s41),
freedom of religion (s116), the right to trial by jury (s80), etc.] For the sake of effectiveness, the court has
decided that there are implied rights. Lange v ABC [1997] demonstrates the implied right to freedom of
political communication.

 STATUTE LAW
- Carries the capacity to frame community standards and values. Also has the ability to reform to suit the
changing values of society.
- Binding, enforceable and accessible on both a state and federal level. When there are inconsistencies
between common law and statute law, statute law overrides common law.
- Treaties are ratified into statute law.
- The Family Law Reform Act 1995 [Cth] was adapted to include values in CROC. [B v. B 1995] Showing the
best interests of the child.
- The Sex-Discrimination Act 1984 [Cth] in Howe v. QANTAS Airways Ltd [2004]: Sex discrimination in
employment - long haul flight attendant required to cease flying due to pregnancy - offered and declined
ground based work at a reduced salary - refused access to accumulated sick leave - placed on unpaid
maternity leave - on return to work sought more flexible working hours - no part time work available at her
level - applicant sought and received a demotion to a level at which more flexible working hours were
available - whether the applicant was directly discriminated against because of her pregnancy considered -
whether the applicant was constructively dismissed by being forced to seek a demotion after maternity
leave considered - whether the applicant was indirectly discriminated against because of her sex by being
denied part time work considered.
- The Anti-Discrimination Act 1984 [Cth] includes many human-rights supporting elements, and incorporates
principles present in other documents, including CEDAW.
- If these are breached, the Australian Human Rights Commission [AHRC] looks into it.

 COMMON LAW
- Judge made law and can adjust to changes in community standards and expectations. Protects rights
including the rights to the presumption of innocence, right to a fair trial, right of silence and right to appeal
decisions.
- Interprets and applies legislation with the intention of the parliament.
- However, parliament’s intentions may be unclear. Also, when the law is old our out of step with
contemporary values and social norms, the application of law might lead to unjust outcomes.
- The doctrine of precedent ensures fairness and permits the law to change over time and adapt to social and
legal changes.

 COURTS AND TRIBUNALS

- Narrow jurisdiction allows for deeper investigation into human rights abuses. More resource efficient than
large changes and less time consuming overall.
- Judicial review is available for people whose human rights are adversely affected [negligence, defamation,
false imprisonment, etc.] Remedies include damages, compensation or apologies.
- The Evidence Act 1995 guides judges in what can be admissible in a court case and is important in
protecting human rights. It ensures what can be admitted and what will be excluded in a court hearing. For
example, the issue of prior convictions [banned during trials until sentencing hearing as it can prejudice a
jury.]

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 - Natural Justice and Procedural Fairness: Fair hearing, no bias, right to reasons for a decision and the right to
appeal.
- The High Court of Australia has the power to set binding precedent on lower courts and is able to overturn
state and federal legislation. Arguably the most important protector of human rights in Australia. Example,
Dietrich v The Queen [1992] established the limited right to legal aid; established a threshold for fairness.
Mabo v Queensland [1992] involved recognition of Indigenous Australians right to ‘native title’ [highly
influential.]
- The AHRC is an independent statutory organisation that reports to the federal Parliament through the
Attorney-General. Deals with alleged violations of Australia’s Anti-Discrimination legislation, receives and
investigates complaints, promotes public awareness, and gives advice to parliament on development of
human rights law. Releases reports including The Forgotten Children: National Inquiry into Children in
Immigration Detention (2014]
- The Anti-Discrimination Board of NSW promotes anti-discrimination, equal opportunity principles and
policies throughout NSW. It administers the anti-discrimination laws, and handles complaints under the
Anti-Discrimination Act 1977 [NSW]. It is part of the NSW Department of Justice. Prime Tribunal in HR
issues, prevents discrimination from taking place. However, the conciliation-based approach discourages
some to make complaints [to avoid confrontation.] They have fairly light penalties: apologies,
compensation, and reinstatement of jobs [which is usually unwanted after facing discrimination as it causes
tension in the workplace and is an unpleasant work environment.] The reactive rather than proactive
approach is considered ineffective. Its existence, however, is a positive as it recognises that we, as a society,
appreciate human rights and wish to uphold certain standards.

 NON-GOVERNMENT ORGANISATIONS
- Lobby for human rights protection by articulating and exposing human rights abuses through the media.
They shape public and political opinion.
- Play a vital role in researching and reporting on human rights issues, making submissions to state and
Commonwealth parliaments or law reform bodies on human rights, and working in the field of human rights
with victims of rights violations.
- Independent of government and often special-interest in nature.
- However, no political enforcement.
- Human Rights Council of Australia [HRCA]: Aims to promote and realise human rights for all without
distinction, monitor actions by government and calls for observance for international human rights
obligations, contributes to human rights in our region of the Asia-Pacific and in the world, and to improve
Australia’s human rights policies and Australia’s human rights performance. They have prepared resources
online including “It’s broke and it needs fixing - The Case for Reforming Administration of Refugees and
Asylum Seekers Programs” [2002.] The council holds Special Consultative Status with the UN Economic,
Social and Cultural Committee.
- Human Rights Law Centre [HRLC]: Independent, non-profit, and contributes to the protection of human
dignity, the alleviation of disadvantage, and the attainment of equality through a strategic combination of
research, advocacy, litigation and education. They work with community organisations, law firms, barristers,
academics and experts, and international and domestic human rights organisations. They are a registered
charity and have been endorsed by the ATO as a public benefit institution. The Human Rights Law Centre
works to ensure that conditions in all forms of detention – including prisons, police cells, immigration
detention centres, juvenile justice centres and secure psychiatric facilities – comply with international
human rights standards. We also advocate to ensure that all places of detention are subject to independent
inspections, with external monitoring and oversight of places of detention being essential to prevent human
rights violations and to strengthen public accountability.
- Amnesty International: A global movement that campaigns to end serious abuses of HR, comprising of over
3 million supporters, members and activists in more than 150 countries and territories. Their vision is to
enable every person to enjoy the rights enshrined in the UDHR.

 THE MEDIA

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 - Organisations that communicate and disseminate information about what is happening in society and
around the world. Powerful and have the ability to expose human rights abuses and thus to place pressure
of perpetrators to improve their human rights record.
- Used by governments, institutions, businesses and statutory authorities as well as by NGOs to promote their
own views on issues. Censorship and bias thus become a feature of the media. Criticism in this issue is
present in Australian media sources promoting negative attitudes to asylum seekers and refugees entering
Australia.
- Human rights promotion is evident in popular television shows including A Current Affair and Today Tonight
which can place pressure on governments to change decisions when an obvious right has been breached
through bureaucratic incompetence.
- Can lobby governments and influence mass groups of people at once, but has no political enforcement, thus
limiting its overall effectiveness.
2.5 DISCUSS THE ARGUMENTS FOR AND AGAINST A CHARTER OF RIGHTS FOR AUSTRALIA:
 BILL OF RIGHTS
- May take the form of a legislative bill or an entrenched [constitutional] bill. A legislative bill is a statutory
instrument passed by parliament, whilst a constitutional bill is an inherently fundamental document.
- Strengths of a legislative bill of rights:
a) Passed by parliament and therefore would require the support of both sides of politics.
b) It can be easily amended as social values and technologies change over time as new rights emerge.
- Weaknesses of a legislative bill of rights:
a) It would be too easy for successive governments to amend, thus human rights protection would depend
on the government in power.
b) All new laws would have to be assessed against the act making new law-making too time consuming.

 AUSTRALIAN CHARTER OF RIGHTS

FOR A CHARTER OF RIGHTS AGAINST A CHARTER OF RIGHT
- It articulates the rights to which people are - It prioritises listed rights over any not listed,
entitled, thus enhancing the general effectively designating a secondary class of
understanding of human rights. rights.
- Accessibility to the law would be enhanced - It enshrines rights that may become less
- It makes a strong statement to citizens about relevant over time, whilst new or emerging
their rights and what they can expect in rights are unprotected.
terms of protections. - It is a costly change to the current system.
- It indicates that the government is interested - It could lead to uncertainty.
in helping protect the rights of the people. - It requires judges to be retrained.
- It makes all levels of government and - It slows the passage of new legislation by
decision makers accountable for human requiring human rights assessments of new
rights. laws.
- It protects citizens from arbitrary changes to - Very expensive process
the law. - A Charter of Rights may undermine the
- It can be used as the basis for human rights sovereignty of parliament which has been a
education in schools. tradition where elected representatives pass
laws consistent with public opinion.
- Alleged breaches to the Charter would be
heard by the judiciary who are unelected and
thus could not be out-of-step with public
values.

3) INVESTIGATE A CONTEMPORARY ISSUE WHICH ILLUSTRATES THE PROMOTION AND/OR ENFORCEMENT OF

HUMAN RIGHTS
3.1 INVESTIGATE A CONTEMPORARY HUMAN RIGHTS ISSUE AND EVALUATE THE EFFECTIVENES OF LEGAL AND NON-
LEGAL RESPONSES TO THE ISSUE:

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 TREATMENT OF REFUGEES
 Refugee: someone who “owing to a well found fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group of political opinion, is outside the country of his nationality, and is
unable to or, owing to such fear, is unwilling to avail himself of the protection of that country.”- UN Convention
relating to the Status of Refugees.
 An unprecedented 65.3 million people around the world have been forced from home. Among them are nearly
21.3 million refugees, over half of whom are under the age of 18. – UNHCR
 54% of refugees worldwide come from Somalia [1.1m,] Afghanistan [2.7m,] and Syria [4.9m.]
 According to the RCOA, in 2015 only 0.48% of the world’s refugees were protected by Australia.
-INTERNATIONAL LEGAL RESPONSES-
 ICCPR, UDHR, CROC.
 CONVENTION RELATING TO THE STATUS OF REFUGEES [1951]
- Defines refugees, and was established as a direct result of WW2.
- Outlines the rights of refugees [right to freedom of religion and movement, right to work, right to an
education and the right of accessibility to travel documents] and establishes the refugee obligations of a
nation state.
- Key provision: refugees should not be returned to a country where they fear being persecuted. This
provision is now international customary law [it must be respected regardless of being a signatory to the
treaty.] = NON-REFOULEMENT.
- However, the way that this is being implemented is failing Australian national interests, the interests of the
wider international community, and the interests of refugees. To be effective, this must be reinterpreted to
include a greater accountability for states that cause displacement, measures that reduce the need for long-
distance asylum-seeking, and steps to reduce the burden on receiving countries.

 UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES [UNHCR]

- UNHCR serves as the ‘guardian’ of the 1951 Convention and its 1967 Protocol. The 1951 Convention
expressly provides that States are expected to cooperate with UNHCR in ensuring that the rights of refugees
are respected and protected.
- Leads and coordinates international action to protect refugees and resolve refugee issues worldwide.
- Aims to protect the rights and wellbeing of refugees, ensuring that all can exercise their right to seek asylum,
finding safe refuge in another nation state with the options to: integrate into that state, repatriation, or
settle into a third state.
- UNHCR [UN High Commission for Refugees] : US$ 5.3 billion in 2013, works to ensure that everybody has
the right to seek asylum and seek refuge. During times of displacement, they provide critical emergency
assistance in the form of clean water, sanitation and healthcare, as well as shelter, blankets, household
goods and sometimes food. They also arrange transport and assistance packages for people who return
home, and income-generating projects for those who resettle. Gathers data and provides statistics.

-AUSTRALIAN DOMESTIC LEGAL RESPONSES-

 MIGRATION ACT 1958 [CTH]
- The Migration Act 1958 requires all unlawful non-citizens (other than those in excised offshore zones) to be
detained, regardless of circumstances, until they are granted a visa or removed from Australia. Australian
law also fails to protect unlawful non-citizens against indefinite detention, as time limitations for
immigration detention are not codified in Australian law.
- While the Migration Act 1958 has been amended to affirm the principle that asylum seeker children should
only be detained as a measure of last resort, and children are no longer detained in immigration detention
centres, they nonetheless continue to be held in detention-like conditions in other immigration detention
facilities. Human rights issues relating to the detention of humanitarian minors have been examined in the
Australian Human Rights Commission report, A Last Resort? National Inquiry into Children in Immigration
Detention [2004], however the Australian Government has not implemented the recommendations outlined
in this report.

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 On 30 October 2016, PM Turnbull stated announced the following:
- “The government will release legislation in the next parliamentary sitting week that will amend the
Migration Act… will apply to all take to a regional processing facility from 19 July 2013” [When PM Rudd said
“they will never be settled in Australia.]
- “…Strongest possible signal to those persuading persons on Nauru/Manus that the Australian government
will change its policy and allow them to settle here.”
- “We have one of the most generous humanitarian programs in the world, but the only reason we can do it…
is because we are in command of our borders.”
- “We will not tolerate a repeat… of the 1200 deaths at sea under the Labour Party and 50,000 unauthorised
arrivals.”
 BORDER SECURITY LEGISLATION AMENDMENT ACT 2002 states that people have arrived unlawfully if they
arrive in Australia without a visa [95% arrive by air,] overstay their visa, or have their visa cancelled.
 DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION [DIBP]
- Applies statute and government policy
- In the case of Basikbasik v Commonwealth of Australia [DIPB] [2014] the president of the AHRC denied Mr
Basikbasik his $350,000 compensation and considered his detention lawful under the ICCPR definition of
‘arbitrary.’ However, he was charged of over 50 criminal charges including the manslaughter of his wife. This
shows the application and consideration of people being allowed into the country to be effective at times as
it protects current citizens.
 ADMINISTRATIVE APPEALS TRIBUNAL (AAT) conducts independent merits review of administrative decisions
made under Commonwealth laws. In July 2015 the Migration Review Tribunal, Refugee Review Tribunal and
Social Security Appeals Tribunal were merged with the AAT. The Migration and Refugee Division (MRD or MR
Division) reviews decisions made by officers of the Department of Immigration and Border Protection to refuse
or cancel visas.
 FEDERAL COURT: Interprets conventions and international/domestic law. In the appeals case of Minister for
Immigration and Multicultural Affairs v Haji Ibrahim issues are raised regarding discrimination and the
definition of persecution in line with the Refugees Convention 1951, and general errors in the conduct of the
Tribunal. Costly and time consuming. Effective and enforceable rulings, but may not always uphold human rights
[depending on the legislation being interpreted and applied.]
 AUSTRALIAN HUMAN RIGHTS COMMISSION [AHRC]:
- Peak HR body.
- Investigates complaints and systematic issues in detention centres and the application of refugee law in
Australia. Releases reports including The Forgotten Children: National Inquiry into Children in Immigration
Detention (2014.]
- The 2011 AHRC Report on the Leonora Detention Centre criticises the processes and inhumane treatment
and standards of the people [including many children] who are detained.
 COMMONWEALTH OMBUDSMAN: “We consider and investigate complaints from people who believe they have
been treated unfairly or unreasonably by an Australian Government department/agency or prescribed private
sector organisation, including DIPB. Our aim is to resolve complaints impartially, informally and as quickly as
reasonably practicable. If we cannot assist with a particular complaint, we will explain why, and suggest other
avenues for resolving the matter. We cannot override the decisions of the agencies we deal with, nor issue
directions to their staff. Instead, we endeavour to resolve disputes through consultation and negotiation, and if
necessary, by making formal recommendations to the most senior levels of government.” The Immigration
Ombudsman has oversight of the full range of functions undertaken by the DIPB. Criticised detention centres.
-INTERNATIONAL NON-LEGAL RESPONSES-
 NGOs: Amnesty International, World Vision, Human Rights Watch.
 Media
-AUSTRALIAN [DOMESTIC] NON-LEGAL RESPONSES-
 NGOs [REFUGEE COUNCIL OF AUSTRALIA [RCOA]]:

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 - RCOA’s own work is centred around five key areas: policy, support for refugees, support for its members,
community education and administration. In addition, RCOA seeks funding for specific projects that directly
relate to our objectives and enhance our capacity to serve the refugee community.
- RCOA’s core purpose is to promote the development of humane, lawful and constructive policies towards
refugees and asylum seekers. To inform our positions on policy matters, we undertake research into a wide
variety of issues affecting refugees and asylum seekers.
- Using this information, we analyse and evaluate policies in Australia and overseas to highlight gaps and
deficiencies; identify policies which are working well and develop alternatives for those which aren’t; and
put forward recommendations to the Australian Government and international organisations to assist them
in formulating policy and improving support and services for refugees and asylum seekers.
- RCOA develops resources and maintain an extensive website to provide access to up-to-date factual
information on refugee and asylum issues, and assist members of the public in responding to myths and
misinformation. We endeavour to increase media sensitivity towards refugees and asylum seekers by issuing
media releases, liaising with media personnel and monitoring media coverage on refugee and asylum issues.
- Recent campaign: Education for All.
 Media

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