National Human Rights Consultation: Getting involved

1. National Human Rights Consultation:Getting involved Ben Schokman Human Rights Law Resource Centre Ltd www.hrlrc.org.au + 61 3 8636 4451 ben.schokman@hrlrc.org.au

2. Outline • Background to the National Consultation • A significant opportunity • How to write a submission for your organisation • Encouraging and facilitating others to make submissions • Resources • Contacts

3. The National Consultation • Announced by the Commonwealth Attorney-General on 10 December 2008 – the 60th anniversary of the UDHR • Appointment of an independent Consultation Committee: • Father Frank Brennan (Chair) • Mick Palmer • Mary Kostakidis • Tammy Williams • Submissions to the Consultation are due by 29 May 2009 • Committee to report to Government by 31 August 2009

4. A Significant Opportunity Five reasons why you should participate: • CLCs have extremely relevant – and important – expertise and experience • Australia has very limited constitutional and legislative protection of human rights • Human rights improve public services and empower individuals • Complement and enhance the operation of the Victorian Charter • This is a once in a generation opportunity!

5. Consultation Questions • Which human rights (including corresponding responsibilities) should be protected and promoted? • Are these human rights currently sufficiently protected and promoted? • How could Australia better protect and promote human rights?

6. Making submissions • It’s a numbers game… every submission counts, no matter how large or small • You and your organisation can (or should!): • Write a submission on behalf of your organisation • Encourage other organisations and individuals to make a submission • Facilitate others to make a submission • Write a submission yourself! • The National Consultation also presents a significant opportunity for education and awareness raising – for the community and advocates as well

7. Key features of a federalHuman Rights Act • Model to be proposed by the HRLRC • ‘Dialogue model’ that retains Parliamentary sovereignty • Parliament • Scrutiny of new legislation • ‘Public authorities’ • Widely defined • Obligations to act compatibility with human rights and give proper consideration in decision making • Private sector opt-in clause • Courts • Statutory interpretation – human rights jurisprudence • Declarations of Inconsistent Interpretation

8. Key features of a federalHuman Rights Act • Model to be proposed by the HRLRC (cont) • Protects ALL rights – civil, political, economic, social and cultural • Separate cause of action to ensure effective remedies • Role of the Australian Human Rights Commission – enhanced monitoring, reporting and education • Sufficient resourcing of NGO sector • Will bind federal government and agencies, with option for states and territories to opt-in

9. Writing your own organisation’s submission • Some questions to consider: • What expertise and experience do we have? • What value can our organisation add? • What resources do we have? • Options: • Endorse the Federation’s or the HRLRC’s submission • Copy and modify another submission to suit your organisation • Write your own submission – can be large or small (1 page will do!)

10. Writing your own organisation’s submission • What should we include in our submission? • Focus on areas and rights that you know the most about • Provide examples of experiences of your organisation: • Good news stories – where human rights protection has helped • ‘Unfair’ outcomes - where better human rights protection might have been useful • Consideration of technical questions • Address some of the ‘myths and misperceptions’

11. Small groups discussion • Have you had any success stories at your CLC using the Victoria Charter to advocate for your clients? • Have you had any situations of ‘unfair’ treatment where you think that better human rights protection might have been useful? • What are your preliminary views about what sort of submission your CLC might be able to make?

12. Myths and misperceptions about a Human Rights Act • Will create a flood of litigation and a lawyers’ picnic • Transfers power from Parliament to unelected judges • Democracy provides adequate protection of rights • Will ‘promote bureaucracy’ and inefficiency • Will be used by villains and terrorists to exploit loopholes • It is unnecessary • It won’t do anything

13. Values and benefits of enhanced legislative protection • Institutionalising a human rights framework leads to improved public service delivery and outcomes • The language and ideas of rights can be used to secure positive changes not only to individual circumstances, but also to policies and procedures at a systemic level • Human rights are universally acknowledged and agreed standards that can be used as benchmarks for assessing the fairness of laws, policies and practices • Protect fundamental human rights, promote human dignity and address disadvantage

14. Encouraging and facilitating others • CLCs are in an ideal position to facilitate people to tell their personal experiences • Think about whether your organisation could: • Run grass roots consultations • Attend the Consultation Committee’s forums – or encourage individuals to do so • Offer assistance to individuals (and other organisations) • Distribute resources, such as fact sheets, template submissions, etc

15. Run grass roots consultations • Some ideas: • Small workshops • eg HPLC • Look at your CLC’s calendar of events • Set up a stall at community events / festivals • eg Kingsford Legal Centre collected 100 submissions at Yabun Festival! • Client questionnaire – use your existing client intake procedure or leave the questionnaire at reception • Think creatively!

16. Consultation Committee’s community forums • In Victoria, the Committee will visit Dandenong, Melbourne, Mildura, Wodonga, Geelong & Bendigo • Dates available at www.humanrightsconsultation.gov.au • Assist individuals and other organisations • Offer a contact point within your organisation who can provide assistance • Run a workshop – like this one!

17. Distribute Resources • HRLRC’s ‘Submission Kit’ • One-page overview of the Consultation • Thematic fact sheets • Right-specific fact sheets • Template submissions • More detailed resources • “Engaging in the Debate” • Australian Human Rights Commission’s toolkit

18. Small groups discussion What sort of ideas are you starting to develop about what activities your CLC could undertake – or get involved in?

19. Further Resources • National Human Rights Consultation website:www.humanrightsconsultation.gov.au • Human Rights Law Resource Centre: www.hrlrc.org.au • Get Up: www.getup.org.au/campaign/rights/407 • Amnesty: www.amnesty.org.au/yourhumanrights/ • Australian Human Rights Group: www.humanrightsact.com.au/ahrg/

20. Contacts • Federation of CLCs • Chris Atmore ph: (03) 9652 1500policy@fclc.org.au • Human Rights Law Resource Centre • Ben Schokman ph: (03) 8636 4451ben.schokman@hrlrc.org.au