United Nations Association of Australia Conference

60th Anniversary of the Signing of the Universal Declaration of Human Rights

Jubilee Room, NSW Parliament
Macquarie Street, Sydney

Wednesday 10 December 2008, 9.50am

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Acknowledgements

  • First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

Other Acknowledgements

  • Her Excellency Professor Marie Bashir AC CVO, Governor of NSW
  • Professor John Langmore, National President UNAA NSW
  • Dr Peter Airey, President UNAA NSW
  • Mr Nobuhito Hobo, Consul General of Japan
  • Mr Graeme Innes AM, Human Rights Commissioner and Disability Discrimination Commissioner, Australian Human Rights Commission
  • Dr Chris Shiel, President, Evatt Foundation
  • Professor Jennifer Burn, Director, Anti-Slavery Project
  • International and distinguished guests

Introduction

  1. It is my great pleasure – and honour – to be here today.
    This is a celebration of one the finest moments in our history.
  2. Sixty years ago the Universal Declaration of Human Rights was signed.
    And Australia played a leading role in this important event.
  3. We were part of the drafting committee.
    We were an original signatory.
    And our own Doc Evatt was President of the
    United Nations General Assembly when he chaired the session that adopted the Declaration.
  4. As I said last night, at an address to the Evatt Foundation, Doc Evatt was a man of conviction, immovable ideals and a larger than life ambition.
    He saw the United Nations as a way to promote collective security and global social justice, and defend the interests of small and middle powers.
  5. The Declaration was one of the first major achievements of the United Nations and is still a powerful instrument that has an enormous effect on people’s lives all over the world.
  6. The signing of the Declaration in Paris in 1948 stemmed, in large part, from the strong desire for peace in the aftermath of World War II.
    It was a common statement of aspirations – for the world to be a place of tolerance, respect and decency to fellow human beings.
  7. Today, the Declaration has been translated into hundreds of languages – in print and online.
    And its power and relevance remains – that all human beings have fundamental rights and freedoms.
  8. Since the signing, Australia has been a leading proponent of the Declaration and its consistent, comprehensive implementation.
  9. And in the last twelve months, the Rudd Government has worked hard to bring Australia in from the cold on human rights.

Engagement with the UN

  1. We have been working hard to strengthen Australia’s human rights record.
    We see engaging with the United Nations as being critical to achieving this.
  2. As the Prime Minister said in September, at an address to the United Nations General Assembly – as a member nation we have a responsibility to help protect the people of the world.[1]
  3. This includes protecting people from terrorism.
    It’s why we’re actively contributing to international efforts to prevent the spread of weapons of mass destruction.
    And it’s why we’re continuing to urge nations to sign and ratify the Comprehensive Nuclear Test Ban Treaty, so that it can come into force.
  4. We’re also committed to continuing work with other nations to abolish nuclear weapons.
  5. With our close partner Japan, we have established an International Commission on Nuclear Non-Proliferation and Disarmament.
    And we hope to bring about real results before the 2010 Review Conference.
  6. We are keen to play our part in advancing international security, and so Australia will put itself forward as a candidate for a non-permanent seat in the 2013-2014 term for the United Nations Security Council.
  7. In August we also issued a standing invitation to the United Nations to visit Australia to investigate the protection of human rights here. In doing so, we have joined 62 other nations.
  8. We believe this sends a clear message that we’re committed to our relationship with the United Nations.
    And this is being reinforced by our actions to regain Australia’s reputation as a good international citizen by becoming a party to a number of key international human rights instruments.
  9. We pride ourselves on being a nation that believes in a fair go for all. Under the Rudd Government we are living up to that.

International Action

  1. In July, we ratified the United Nations Convention on the Rights of Persons with Disabilities. We were one of the first Western Countries to do so.
  2. Our early ratification of the Convention is already having an impact on people’s thinking and planning - from the national strategy on disability to issues of discrimination and access. I will talk more about this in a moment.
  3. Early ratification meant we were able to secure the election of an Australian, Ron McCallum AO, to the Committee monitoring the Convention.
  4. This month we also acceded to the Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination Against Women.
    This important instrument was opposed by the Former Government, and regrettably continues to be opposed by the Liberal Party under Malcolm Turnbull.
  5. Accession to the Protocol will mean our laws are open to scrutiny by the United Nations. And we do not shy away from this scrutiny, in fact we welcome it.
  6. In that vein, last week, on International Day of Persons with a Disability, I tabled a National Interest Analysis proposing that Australia accede to the Optional Protocol to the Disabilities Convention. This will allow similar scrutiny for persons with disability.
  7. We’ve also committed to action on the United Nations Optional Protocol to the Convention Against Torture. Within Australia and internationally, we must do whatever it takes to eliminate the use of torture – wherever it occurs and whoever commits it.
  8. At the moment, we are working to ensure that our domestic legislation, policies and practice comply with international treaty obligations.
    If it is necessary – and indeed it looks likely – we will make the legislative changes we need to make to become a party.
  9. We are also looking at implementing a comprehensive Commonwealth offence of torture, which has been called for by the Committee monitoring the Convention.
    Significantly, we are contemplating giving any offence extraterritorial application, to make torture an offence with respect to acts both within and outside Australia.
  10. And we support the principles underlying the Declaration on the Rights of Indigenous Peoples.
    We are consulting with Indigenous organisations and other key stakeholders on an appropriate public statement to reflect this.

National Action

  1. In addition to our international action, the Rudd Government has a comprehensive domestic agenda on human rights.
  2. If we are to take a leading role on the world stage, we must be prepared to take steps to improve our laws at home – particularly the rights of the most marginalised in our country.
  3. In the areas of disabilities, we have a reform agenda to improve choices, opportunities and outcomes for Australians with disabilities.
  4. Last week I tabled draft Disability Standards for Access to Premises, which will guide the way for better access to new and upgraded public buildings. These languished under the former Government – we have delivered them in 12 months.
  5. I also introduced the long overdue amendments to the Disability Discrimination Act 1992, arising from recommendations made by the Productivity Commission in 2004. These will enhance protections for people with disabilities by improving the operation of Australia’s federal anti-discrimination system. Again these had been sat on by the former Government.
  6. This year we also removed discrimination against same-sex couples and their children.
    These reforms will set a new standard for fairness and consistency in Commonwealth laws. And I am glad to report that the first of those laws has received the Royal Assent with the second expected very soon.
  7. In addition, a separate Bill passed last month will enable same-sex and opposite-sex de facto couples to access federal family law courts on property and maintenance matters.
  8. At the same time, we are also committed to promoting and protecting the rights of women, both here in Australia, and internationally.
  9. We have brought together a National Council of experts to develop a National Plan of Action to Reduce Violence Against Women and their Children.
  10. And we’re improving human rights in the area of immigration by implementing a range of reforms to fix Australia’s immigration detention system.
    We believe that you can have strong border protection without detaining children.
  11. We’re also committed to doing all we can to overcome disadvantage for Indigenous Australians. Beginning with the Prime Minister’s historic apology, we have been working to close the gap between Indigenous and non–Indigenous Australians - in terms of housing, education, employment, life expectancy and infant mortality.
  12. As you can see, the Rudd Government doesn’t just pay lip service to human rights. We are delivering results that will lead to a more inclusive society.

National Consultation

  1. The next major action we’re taking is to engage the people of Australia, to hear their views on human rights.
  2. Australians appreciate the value of human rights as much as any other society. Ours is an open, democratic and egalitarian society, embedded with a strong sense of giving people a fair go.
  3. But can we do more?
    Are the human rights protections currently available in this country sufficient to take us into the future?
  4. It’s the answers to questions like these that we as a Government are interested to learn.
  5. It is therefore my great pleasure today to officially launch the National Human Rights Consultation.
  6. The Rudd Government wants all Australians to ask themselves which human rights and responsibilities are important to them, and how they want these protected in the 21st Century.
  7. The National Human Rights Consultation, which I am announcing today, honours our election commitment to ensure that Australians are given the opportunity to share their views –
    to share views on how we conduct ourselves as a community that respects its people and their rights.

How the Consultation will be Conducted

  1. The Consultation will be conducted by a committee of eminent Australians, independent from the Government.
  2. That Committee will be led by Chairperson, Father Frank Brennan AO.
  3. I have known Father Frank for some time.
    He is a committed advocate for human rights, having worked tirelessly for others for over 30 years.
  4. Father Frank is a Jesuit priest, a Professor of Law at the Australian Catholic University and Visiting Professorial Fellow at the University of New South Wales. He was the founding Director of the Uniya Jesuit Social Justice Centre in Sydney.
  5. He has written extensively on aboriginal land rights and, in 1995, he was awarded an Order of Australia for his services to Indigenous Australians.
  6. In 1998, he was named a Living National Treasure, during his involvement in the Wik Debate. He’s also won a number of human rights awards.
  7. He is - by his own admission - a long-term committed ‘fence sitter’ on the question of how best to protect and promote human rights.
  8. I know he will listen intently to the views he hears from Australians when the Consultation process begins.
  9. Father Frank will be joined by three Committee Members - Former Commissioner of the Australian Federal Police, Mick Palmer; Journalist Mary Kostakidis; and, Queensland Barrister Tammy Williams.
  10. Let me tell you a little bit about each of them.
  11. Mick Palmer is a 35 year police professional who enjoyed service in the Northern Territory and with the Australian Federal Police.
    From 1988 he served for 6 years as Commissioner of the Northern Territory Police, Fire and Emergency Services.
    From 1994 he served for 7 years as Commissioner of the Australian Federal Police.
  12. A lawyer, Mick is an Honours graduate of the Queensland Barristers Admission Board and in 1982 was admitted to practise as a Barrister at Law in Queensland.
    He practised at the private bar during 1982 and 1983 before returning to policing.
  13. In 1997 he became the first Australian to be appointed to the Executive Committee of Interpol a position he held for three years.
  14. In 1998, Mick was appointed Deputy Chair of the Australian National Council on Drugs. He was also appointed by the former Prime Minister to oversee an Inquiry into the Government’s handling of Cornelia Rau in 2005.
  15. He presently holds the statutory office of Inspector of Transport Security.
  16. Mary Kostakidis is a well-known journalist and former television news presenter from Sydney.
    She has a long history of community service, working with organisations such as the Drug and Alcohol Council of Australia, the Order of Australia Honours committee, and the Advertising Standards Board.
  17. Mary is on the Board of the Fred Hollows Foundation. Previously she was a member of the Breast Cancer Council Advisory Committee, the Constitutional Centenary Foundation and the Republic Advisory Committee.
  18. Mary has had a long-standing interest in the protection and promotion of human rights and, with the rest of the Committee, is very keen to hear your views on the issue.
  19. The fourth member of the National Human Rights Consultation Committee is Tammy Williams.
    Tammy’s family is from the Aboriginal community of Cherbourg in Queensland.
  20. Well before her 20’s, Tammy was a vocal spokeswoman for issues affecting young people in Australia. In 1996, she was identified as a future leader and selected to attend the State of the World Forum in San Francisco.
  21. For her efforts, she was awarded the 1997 Youth Award by the Australian Human Rights & Equal Opportunity Commission. She went on to address other international forums, including being invited by the UN Commissioner of Human Rights to speak at the United Nations World Conference on Racism, Xenophobia, Discrimination and Other Related Intolerances, in Durban, South Africa in 2001.
  22. Tammy went on to get her law degree from the Queensland University of Technology in 2001 and was admitted to practice as a Barrister in Queensland. She has worked as a prosecutor for the Commonwealth Director of Public Prosecutions and in 2003 was named the ‘Emergent Young Lawyer of the Year’ by the Queensland Women Law Association.
    She’s also one of the Indigenous Directors on the Board of Indigenous Enterprise Partnerships.
  23. Ladies and Gentlemen, Father Frank, together with Mick, Mary and Tammy are the Committee for the nationwide Human Rights Consultation I am launching today.
  24. I know they are looking forward to hearing what you have to say on the topic of human rights and to present your views to Government.

How People Can Have Their Say

  1. The contributions of the Australian community will be critical to the success of this consultation process.
  2. The Committee’s job is to seek the Australian community’s views about three fundamental questions:
  • which human rights and responsibilities should be protected and promoted?
  • are these human rights currently being sufficiently protected and promoted? and
  • how could Australia better protect and promote human rights?
  1. The community will be able to make written submissions from today up until 29 May next year.
    I am hoping that as many people as possible will share their views on human rights.
  2. From today a website will be available to provide information about the Consultation process and human rights issues generally.
    The address is:
    www.humanrightsconsultation.gov.au.
  3. In addition, the Committee will be hosting a series of community roundtables – town hall style discussions – throughout regional and rural Australia as well as in the capital cities.
  4. These meetings will be held between February and May next year. They will provide opportunities for the Committee to engage directly on the key questions for the Consultation.
  5. The Committee will report to Government by the end of July next year on what they’ve heard.
    And they are going to have an interesting time.
    I know that Australians are interested in this issue. And Australians will also bring, I am sure, some unique perspectives to the table.
  6. Just last week the topic attracted a number of callers when it was raised on talkback radio.
    I thought I might repeat a few of the suggestions that were made by callers during the discussion.
  7. In good humour, one gentleman named Steve called in to say there should be the right to sleep on a Sunday morning without the neighbours mowing the lawn.
    In a similar tone, I might have added barking dogs and noisy kids to that list as well. Although I concede these noises emanate from my house as well.
  8. Caller Malcolm said a Bill of Rights should include a right to call everyone ‘mate’ the first time you meet them.
    I’ve got to say, others might go so far to suggest that this shouldn’t be in the ‘rights’ column but rather the ‘responsibilities’.
  9. Jokes aside, human rights inevitably mean different things to different people.
    And that is what we want to accomplish with the national consultation – we want a debate about our rights and responsibilities.
    How best do we protect freedom of speech?
    How best do we ensure liberty, freedom of expression, and equality before the law?
  10. Whatever your values and whatever your preference - I encourage all Australians with an interest in human rights to get involved in this consultation, and to share their views.

Conclusion

  1. In the meantime, I wish you all the very best for this year’s conference.
  2. On today’s anniversary, it’s not only important that we acknowledge the signing of the Universal Declaration sixty years ago, but we should also celebrate it.
  3. The Declaration remains the foundation for the standards of human rights and freedoms around the world.
    And it is the basis for our major human rights instruments and the expert bodies associated with them.
  4. The Prime Minister said in the House of Representatives last week:

‘Sixty years on from 1948, the Universal Declaration of Human Rights remains the global benchmark for the protection of human rights.

It speaks to our responsibilities wherever there is a violation of human rights against any person for any reason and in any part of the world, by any government, any corporation, any organisation or any individual. It transcends nations; it transcends cultures; it transcends politics; it transcends personalities; it transcends creed and tongue.’[i]

  1. Today, as we celebrate the declaration, our lives are much better in many ways.
    But, around the world, human rights breaches can and do occur.
    More can always be done to strengthen human rights.
  2. The Rudd Government is committed to this cause and looks forward to the results of a comprehensive discussion on the topic through the National Human Rights Consultation.

ENDS

[1] 25 September 2008 – Prime Minister’s address to the United Nations General Assembly, New York

[i] Prime Minister Kevin Rudd Speech to House of Representatives on 2 December 2008