Human Rights: Everyone, Everywhere, Everyday
Tom Calma
Aboriginal and Torres Strait Islander
Social Justice Commissioner
Australian Human Rights Commission
Celebrate International Human Rights Day
Living
Books – Local People, Remarkable Lives
Cairns, 6 December
2009
I would like to begin by acknowledging the Gimuy Yidinji peoples, the traditional owners of the land we gather on today. I pay my respects to your elders, to the ancestors and to those who have come before us. And thank you Seith Fourmile for your warm welcome to country.
I would also like to thank the Anti-Discrimination Commission of Queensland and the many partners for today’s event for inviting me to speak here today.
Today I have been asked to talk about the importance of human rights – why are human rights so important for all of us, and what does the promotion and the protection of human rights mean in our lives.
Such a subject is close to my heart and today, we are celebrating International Human Rights Day, by coming together as a community to hear and acknowledge the remarkable stories of people who have lived through tremendous adversity to make their human rights a reality. It is a truly fitting occasion to explore why we need human rights protection and understanding.
Background
Firstly, I would like to briefly tell you about myself. I am an Aboriginal elder from the Kungarakan tribal group and the Iwaidja tribal group. Our traditional lands are south west of Darwin and on the Coburg Peninsula in the Northern Territory.
I have been working in the Australian public service for over 35 years. But for the last five years I have been the Aboriginal and Torres Strait Islander Social Justice Commissioner at the Australian Human Rights Commission, an organisation that has a powerful and very relevant vision statement: ‘Human rights: everyone, everywhere, everyday’.
Brief History of Human Rights
The Second World War was one of the darkest periods of human history. A time filled with sorrow, hardship, destruction and loss. From this dark period in human history a shining light of hope emerged where the international community united with the common goal acknowledging and respecting each and every individual.
The United Nations Charter which was written by and for the peoples of the international community reaffirms, and I quote, “the faith in fundamental human rights, in the dignity and worth of the human person...”[1]
In addition the United Nations Declaration of Human Rights recognises ‘the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.’[2]
Human Rights in Australia
Whilst Australia’s strong traditions of liberal democracy, an independent judiciary and a robust media have been sufficient to protect the rights and freedoms of most people, most of the time, this is not always the case.
The recent financial crisis has reminded us of how quickly our situations can change from one of comfort to one of vulnerability. In a split second so many people lost their jobs and their savings, which made it difficult for many to make their rent or mortgage payments, it made it more difficult to afford good quality health care, or educate their children in the best schools. Many people had to apply for welfare benefits.
For the most part, most Australians benefit from the privileges of living in this lucky country. But in times of difficulty, when we become vulnerable, our human rights – to welfare support, housing, education and healthcare – become paramount.
The important thing about human rights is that governments, by signing international human rights agreements, have agreed to take on the responsibility to ensure that these fundamental rights are available to everyone, whatever the situation, whoever the person, however difficult it may be.
They have committed to putting in place laws, policies and programs, and committed to putting resources in place to ensure these rights are available to everyone.
Secondly, the government has committed to ensuring not just one human right, but all human rights are available for all. This is a very important point, because it is about no one right being more important than another right. When a government takes action to protect someone’s human rights, it should not be at the expense of another human right.
The third important point I want to note about human rights, is the extent of
disadvantage faced by Aboriginal and Torres Strait Islander peoples in
Australia. This is a constant reminder of how human rights are not being
realised in Australia.
Recently the Secretary General of Amnesty
International; Irene Khan commented:
That Indigenous peoples experience human rights violations on a continent of such privilege is not merely disheartening, it is morally outrageous.
To fulfil its enormous potential on the regional and global stage, the Rudd Government must make ‘bringing human rights home’ its central goal.[3]
Equally, bringing human rights home for Aboriginal and Torres Strait Islander peoples, is an important part of achieving the government’s current policy for social inclusion.
Social Inclusion has been described by Dr. Jonathon Welch, 2008 Australian of the Year – Local Hero, as a process through which we:
care, connect and support each other to enable every individual to feel socially included as an intrinsic part of the fabric of Australian society and culture.[4]
Making sure that all Aboriginal and Torres Strait Islander peoples have the right to work, social security, housing, education, health care and the right to participation is the most direct and tangible way of ensuring our social inclusion.
Now I want to talk about human rights on a more practical level – to really understand what they mean for Aboriginal and Torres Strait Islander peoples in particular.
Right to Education
Firstly, let us take the example of the right to education. Every person has a right to education without discrimination. This is recognised in the Convention on the Rights of the Child.
It is generally accepted that education can be a path out of disadvantage. In Australia while the testing is standardized across all schools, unfortunately, the resources and facilities are not. Many remote Aboriginal and Torres Strait Islander communities do not have a classroom, access to teachers or the internet and yet for the majority of children this is common place.
Whilst some Aboriginal or Torres Strait Islander children may receive the opportunity to attend boarding schools away from their family, their land and their culture, this is not always suitable or available for all children. For some children it may not be appropriate to have the right to education, at the expense of being with their family and community.
The UN Declaration on the Rights of Indigenous Peoples recognises the right of Indigenous Peoples to education:
Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
States shall... including (for) those living outside their communities...(provide) access, when possible, to an education in their own culture and provided in their own language.[5]
As I noted in my 2008 Social Justice Report, regardless of whether children choose to attend local schools, boarding schools or have distance education, it is the duty of Governments to ensure that there is adequate funding and resources available for all children to attend schools, with proper school buildings, with regular teachers, and with full access to education materials and technology.
Right to Health care
Secondly, every person has a right to health care. This is recognised in the Covenant on Economic, Social and Cultural Rights.[6]
During the Apology, Prime Minister Rudd stated that the Apology represented a line in the sand and we could now begin to look forward to,
A future where we harness the determination of all Australians, Indigenous and non-Indigenous, to close the gap that lies between us in life expectancy, educational achievement and economic opportunity.[7]
The Prime Minister made specific reference to ‘Closing the gap’, which is a policy initiative that has been developed in partnership and is about recognising the human rights of Indigenous Australians.
Let me explain. In 2005 my Social Justice Report I argued that Indigenous health inequality was an urgent human rights issue and I called on the government to commit to closing the unacceptable 17 year life expectancy gap between Indigenous and non-Indigenous people within a generation – that is, in a 25 year timeframe.
I have since been working with the Close the Gap coalition of Indigenous and non Indigenous health peak bodies and human rights advocates to set targets and measurable outcomes to improve healthcare for Indigenous Australians. These measures and targets have been taken up by governments, and are now one of the drivers of the health strategy for Indigenous Australians.
Just a few short years ago, no one had heard of Close the Gap, now it is part of the popular lexicon. The Prime Minister and the Leader of the Opposition have signed a bipartisan Statement of Intent to close the life expectancy gap by 2030 and provide the necessary primary health care to meet this goal by 2018.
The importance of a human rights based approach to health is exemplified by the UN Special Rapporteur as he concluded his Australian mission in Canberra on Friday,
In accordance with a rights-based approach I would like to highlight the need for a long-term national plan of action with clear targets, benchmarks and indicators to evaluate progress and guide State and Commonwealth priorities and actions. Such a plan would necessarily include addressing underlying determinants of health (such as adequate housing and access to safe water and sanitation), social determinants of health, as well as racism.[8]
Human Right to Housing
Thirdly, every person has a right to housing, which is also recognised in the International Convention on Economic, Social and Cultural Rights[9].
Inadequate housing is an issue that requires urgent attention in many disadvantaged communities, and most especially in Aboriginal and Torres Strait Islander communities.
Recently, the Government introduced amendments to the Native Title Act to help fast-track the development of public housing and other facilities on Indigenous land, without the need for an agreement with traditional owners.
However, in a recent submission the Commission expressed its concern about the potential impact of the proposed amendments on the rights of traditional owners and at the fact that the Bill was introduced without adequate consultation. The Commission considers that the Government should focus on agreement-making and on obtaining the free, prior and informed consent of Indigenous peoples when making decisions that affect their lands and their rights. To do otherwise could lead to greater disempowerment. This shows how important it is that laws, policies and programs designed to implement the right to adequate housing are not introduced at the expense of other rights.
The United Nations Declaration on the Rights of Indigenous Peoples requires Government to seek free, prior and informed consent[10] of Aboriginal and Torres Strait Islander landholders and not disregard the rights of Indigenous landholders. We have the right to be consulted in our own affairs. At a time when the government has promised a new relationship defined by partnership we believe the principle of ‘free, prior and informed consent’ to be essential to any policy framework.
Every effort must be made to consult and to maximise the enjoyment of human rights by all peoples and ensuring the inclusion of every individual in processes that impact upon their lives.
Northern Territory Intervention
One of the areas where we have heard a lot of concerns about Aboriginal and Torres Strait Islander people not being consulted, and about human rights concerns emerging is the Northern Territory Intervention.
The Special Rapporteur from the UN High Commissioner for Human Rights recently commented on the Intervention, noting:
I would like to stress that affirmative measures by the Government to address the extreme disadvantage faced by indigenous peoples and issues of safety for children and women are not only justified, but they are in fact required under Australia's international human rights obligations.
However, any such measure must be devised and carried out with due regard of the rights of indigenous peoples to self-determination and to be free from racial discrimination and indignity.[11]
During the last two weeks, we have also seen the Government introduce legislation to the Parliament to reinstate the Racial Discrimination Act 1975 in the Northern Territory and ensure that redesigned intervention measures are compliant with the RDA and special measures requirements.
The Australian Human Rights Commission recently issued draft guidelines for ensuring income management measures are compliant with the Racial Discrimination Act. These guidelines, while not legally binding, provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA.
A Senate Committee has been established to review the introduced bills, which provides an opportunity to further examine the extent to which these measures can be made non-discriminatory and compliant with human rights standards. The Committee is expected to report in March 2010. We need to actively pursue this opportunity to engage in this discussion to aim to achieve the best outcomes possible for those who are directly affected by such policy development.
National Representative Body
Another topical initiative that I have been involved in that goes to directly ensuring Aboriginal and Torres Strait Islander people’s right to participation, is the formation of the National Congress of Australia’s First Peoples.
Today we have all got to hear stories of some truly remarkable lives through the Living Books. For Aboriginal and Torres Strait Islander peoples, the opportunity to nationally voice our perspectives about our rights, our choices and our dreams has been absent in Australia for too long. This is soon to change.
One of the most significant achievements for me as the Aboriginal and Torres Strait Islander Social Justice Commissioner has been working with the Steering Committee to develop a model for a national representative body for Aboriginal and Torres Strait Islander peoples.
The National Congress of Australia’s First Peoples will begin operating in 2010. It will fundamentally change the national landscape for Indigenous affairs and is a momentous human rights achievement for Aboriginal and Torres Strait Islander Peoples. It represents a new way of thinking and a new manner of engagement between Indigenous People and governments.
Climate Change
Finally, I would like to emphasize that future threats to human rights must not be ignored.
In my 2008 Native Title Report I commented on the fact that Indigenous peoples have the smallest carbon footprint, yet we will be the most effected by the consequences of climate change.
Today, as global leaders are descending on Copenhagen, I would like to again acknowledge the importance of this issue.
The Government must engage stakeholders, including indigenous peoples, and reach a solution of mitigation and adaptation practices which ensures human rights are protected. The disadvantaged must not be subject to marginalization and economic exploitation, and the government has a responsibility to develop their understanding and respect of the custodial role and responsibility we have over our traditional lands.
Human rights demand climate justice.
Conclusion
The awareness and understanding of human rights and the role that these core values play in our day to day lives is a process that requires continuous attention.
This year the government undertook a consultation process encouraging submissions from across the community to obtain a greater understanding of the knowledge, impression and value our society has of human rights. The consultation report which was released in September made some notable findings:
The clear majority of participants desired some form of human rights act; there was a desire to promote a human rights culture generally; particularly through enhanced human rights education.
The Committee recommends that education be the highest priority for improving and promoting human rights in Australia.[12]
The government is currently considering its response to these recommendations. And I would encourage you to take this opportunity to talk with your State and Federal politicians to take human rights seriously. Ask them to put in place a national human rights act and provide human rights education across the country, so everyone knows what their human rights are, and how they can be claimed.
As you may be aware, my five and a half year term as Social Justice Commissioner comes to an end in January 2010. I have been very privileged and proud to fill this position. I have had the opportunity to take part in major debates, represent Indigenous people in the UN, I even got to respond to the PM on the National Apology. In all of these opportunities what I have valued most has been getting the voices of my people across, to try and motivate positive change. The changes that I have witnessed give me hope about the future world in which we will live.
I want to live in a society where everyone can take advantage of his or her abilities and where everyone has a real say about the world they live in – be they an Aboriginal or Torres Strait Islander person, a person of Muslim faith, a person with disability, a parent wanting leave from work to care for a child, a newly-arrived refugee, a person in a same-sex relationship, a young person, an elderly person or anyone else.
I know I’m not alone in wanting this kind of world, and the kind of world I am talking about is based on human rights. Where human rights are promoted and protected for everyone, everywhere, everyday.
In closing I would just like to leave you with a saying that I’m sure some of you have heard me say many times – from self respect comes dignity and from dignity comes hope.
Thank you.
[1] United Nations, Charter of
the United Nations, 24 October 1945, 1 UNTS XVI, preamble. At http://www.un.org/en/documents/charter/ (viewed 3 December 2009)
[2] United
Nations, Universal Declaration of Human Rights, GA Resolution 217A(III),
UN Doc A/810 (1948), preamble. At http://www.un.org/en/documents/udhr/ (viewed 3 December 2009)
[3] Secretary General Khan cited in Amnesty International, Australian Government
Must End State-Sponsored Racially Discriminatory Measures, (18 November
2009). At
http://www.amnesty.org/en/news-and-updates/news/australian-government-must-end-state-sponsored-racially-discriminatory-measures- (viewed 3 December 2009)
[4] See http://www.socialinclusionweek.com/ (viewed 3 December 2009)
[5] United Nations, United Nations Declaration on the Rights of Indigenous
Peoples, GA Resolution 61/295, UN Doc A/61/L.67 (2007), Article 14. At http://www.un.org/esa/socdev/unpfii/en/drip.html (viewed 4 December 2009)
[6] United
Nations, International Covenant on Economic, Social and Cultural Rights res. 2200A (XXI), 21 UN GAOR Supp. (No. 16). At http://www2.ohchr.org/english/law/cescr.htm
[7] Rudd, Kevin. Apology to
Australia’s Indigenous Peoples, House of Representatives, Parliament
House, Canberra (13 February 2008). At
http://www.australia.gov.au/about-australia/our-country/video-national-apology-to-the-stolen-generations (viewed 3 December 2009)
[8] United
Nations High Commissioner for Human Rights, Statement of the United Nations
Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest
Attainable Standard of Physical and Mental Health, Mr. Anand Grover, Preliminary
observations and recommendations, Canberra (4 December 2009). At http://www.un.org.au/files/files/Sp%20Rapp%20for%20Health%20Press%20statement%20Australia%20-%20FINAL%20Dec%204.pdf (viewed 4 December 2009)
[9] United
Nations, International Covenant on Economic, Social and Cultural Rights res. 2200A (XXI), 21 UN GAOR Supp. (No. 16). At http://www2.ohchr.org/english/law/cescr.htm
[10] United Nations, United Nations Declaration on the Rights of Indigenous
Peoples, GA Resolution 61/295, UN Doc A/61/L.67 (2007), see Articles 10, 19.
At http://www.un.org/esa/socdev/unpfii/en/drip.html (viewed 3 December 2009)
[11] United Nations High Commissioner for Human Rights, Statement of the Special
Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, James Anaya, as he concludes his visit to Australia (27
August 2009). At http://www.unhchr.ch/huricane/huricane.nsf/view01/313713727C084992C125761F00443D60?opendocument (viewed 23 October 2009).
[12] National Human Rights Consultation Secretariat, Australian Human Rights
Consultation Report, September 2009. At http://www.humanrightsconsultation.gov.au/www/nhrcc/RWPAttach.nsf/VAP/(4CA02151F94FFB778ADAEC2E6EA8653D)~NHRC+Report+(Recommendations).pdf/$file/NHRC+Report+(Recommendations).pdf (viewed 3 December 2009)
