Human Rights and Equal Opportunity Commission
Annual Report 2000-2001
The Commission’s vision is of and for an Australian society in which the human rights of all people are respected and promoted. Our task is to find practical, pragmatic ways to turn the rhetoric of human rights into an everyday reality for all Australians and build a more tolerant and inclusive community. As this report indicates, this past year has been a period of substantial achievement as we strive towards this goal.
It has also been a period of significant change in terms of our leadership and our responsibilities. In the past year the terms of two Commissioners, Chris Sidoti and Susan Halliday, came to an end. In addition, we have completed our first full year under legislative amendments that came into effect in April 2000, of which a detailed overview can be found in last year’s annual report. As a result of these amendments the Commission can be said to have reached a major watershed in its history.
One of the significant changes to our statutory responsibilities contained in this legislation was the transfer of the Commission’s function to hear complaints into matters of unlawful discrimination to the Federal Court of Australia or the Federal Magistrates Service. This new procedure was made smooth by the close cooperation that the Commission enjoyed with both Courts. It has also confirmed several positive features of the constitutional change – legal issues that the Commission’s hearing function could not deal with can now be more fully examined and pronounced upon by Federal Court and the Federal Magistrates Service in their newly acquired responsibilities. Additionally, in the past year a total of 37 complaints referred to hearing under the previous arrangements were settled and only a small number now remain outstanding.
The Commission’s vision is of and for an Australian society in which the human rights of all people are respected and promoted. Our task is to find practical, pragmatic ways to turn the rhetoric of human rights into an everyday reality for all Australians and build a more tolerant and inclusive community. As this report indicates, this past year has been a period of substantial achievement as we strive towards this goal.It has also been a period of significant change in terms of our leadership and our responsibilities. In the past year the terms of two Commissioners, Chris Sidoti and Susan Halliday, came to an end. In addition, we have completed our first full year under legislative amendments that came into effect in April 2000, of which a detailed overview can be found in last year’s annual report. As a result of these amendments the Commission can be said to have reached a major watershed in its history.
One of the significant changes to our statutory responsibilities contained in this legislation was the transfer of the Commission’s function to hear complaints into matters of unlawful discrimination to the Federal Court of Australia or the Federal Magistrates Service. This new procedure was made smooth by the close cooperation that the Commission enjoyed with both Courts. It has also confirmed several positive features of the constitutional change – legal issues that the Commission’s hearing function could not deal with can now be more fully examined and pronounced upon by Federal Court and the Federal Magistrates Service in their newly acquired responsibilities. Additionally, in the past year a total of 37 complaints referred to hearing under the previous arrangements were settled and only a small number now remain outstanding.
Further changes to the structure of the Commission outlined in the Human Rights Legislation Amendment Act No 2, which proposes the creation of three Deputy Presidents to replace the current five specialist Commissioner functions, remain before Parliament. However, a timetable for the implementation of this legislation remains uncertain.
Work of the Commission: programs, policies and projects
Addressing the human rights issues and concerns of a community is a wide-ranging and multi-layered task. There are no simple answers to countering discrimination, intolerance and disadvantage. Therefore, the work of the Commission reflects the many important human and societal aspects of promoting and protecting human rights, including resolving complaints of discrimination, implementing education programs, running national inquiries into issues of particular concern, conducting research and providing policy advice to government and other agencies. The Commission also takes an active role on the international stage, providing advice and assistance to governments and national human rights institutions in our region and further afield to strengthen and promote the observance of international human rights standards.
Receiving and conciliating individual complaints of discrimination remains a core statutory function of the Commission’s work. A total of 35% of complaints were successfully conciliated – above the Commission’s target of 30% - and the average time from receipt to finalisation of a complaint was seven months. This focus on the timely and successful resolution of complaints has led to high satisfaction levels from complainants and respondents alike. In addition, a new facility was established on our website that allows complaints to be lodged electronically, with complaint information available in 11 community languages.
Human Rights education is one of the highest priorities of the Commission and forms a fundamental part of all our activities. Effective education requires well-researched and well-structured programs that provide individuals and groups with the opportunity to learn, share ideas and grow in their understanding. It is also a form of advocacy as it challenges and encourages people to recognise and make room for those on the margins and to treat each other with greater understanding, tolerance and generosity.
Over the past year, the Commission has developed a comprehensive education and information program to reach a broad cross-section of the community. The ‘Youth Challenge’ series - an interactive, curriculum-based program on sex, race and disability discrimination - was presented to secondary school students across the country. We were delighted to work in partnership with other state Equal Opportunity Commissions to present this innovative program to students in regional areas. We also established Action Exchange with the National Children’s and Youth Law Centre, a project that recognises the practical and creative contributions that young people make to promoting tolerance and respect for human rights in our community.
The Commission initiated substantial education activities to raise awareness about its complaint-handling role, presenting information sessions to 170 community and stakeholder groups throughout Australia. Additionally, specialist investigation and conciliation training courses were provided for a range of government and non-government agencies in Australia and overseas.
Following a Commission-led National Summit on Racism and Civil Society in May 2001, we have commenced a series of public forums around the country to listen to people’s views and experiences of racism and to collect ideas for overcoming racial discrimination and intolerance. These forums will provide valuable information that the Commission will present to the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and other forms of Intolerance, to be held in South Africa later in 2001.
The Commission’s website was revised and re-launched during the year to provide visitors with easier navigation and access to information. We have also continued to develop our electronic mailing lists, which allow us to distribute information to people quickly and efficiently and keep them abreast of human rights issues. Engaging with national, metropolitan and regional media outlets is also an important way that the Commission has been able to highlight and advocate on important human rights issues in the past year. Furthermore, individual Commissioners have developed a range of targeted education projects, as outlined in greater detail in this report.
As we near the end of the Decade for Human Rights Education, the Commission will redouble its efforts to ensure open, informed and productive discussion of human rights with a view to promoting real and lasting change.
In August 2000, Chris Sidoti completed his five-year term as Human Rights Commissioner. His deep commitment to the protection and promotion of human rights informed his work. He was closely involved in the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children From Their Families and more recently completed a national inquiry into education and human rights as they affect people in rural and remote Australia. Other areas of concern were age discrimination, religious freedom, the rights of gay and lesbian people and the rights of refugees and asylum seekers. He was also instrumental in the establishment of the Asia Pacific Forum of National Human Rights Institutions. His energy and enthusiasm will be greatly missed.Dr Sev Ozdowski commenced his appointment as Human Rights Commissioner, along with a one-year position as Acting Disability Discrimination Commissioner, on 8 December 2000. Formerly Chief Executive of South Australia’s Office of Multicultural and International Affairs, Dr Ozdowski brings to the Commission a wealth of experience in law, human rights, immigration and multiculturalism. Since his commencement, he has visited a number of immigration detention centres to monitor their processes for dealing with unauthorised arrivals. One of his initial goals is to enhance Australians’ knowledge and understanding of human rights through a national dialogue on human rights.
In the past year a number of very positive steps have been taken to improve access to services for people with disabilities. These include a pilot scheme by the major cinemas of captioned movies for people with a hearing impairment and improved mobile phone services for people using hearing aids. These significant changes are the result of the Commission’s open and constructive approach to resolving complaints of discrimination from individuals and clearly highlight how individual complaints can provide the impetus for the elimination of systemic discrimination. Further, the Commission has been working closely with the Australian Bankers Association and community and industry groups to establish industry standards that offer older Australians and people with a disability improved access to new technologies and e-commerce facilities. Dr Ozdowski and Susan Halliday, the previous Acting Disability Discrimination Commissioner, received valuable support in this work from Deputy Disability Discrimination Commissioner, Graeme Innes.
The Sex Discrimination Commissioner, Susan Halliday, completed her three-year term in April 2001. During that time Ms Halliday achieved a remarkable amount to promote the rights of women. Her recent accomplishments included guidelines for employers arising from the National Inquiry into Pregnancy and Work, advocacy for improved pay equity standards and the rights of casual employees, a campaign targeting advertising that demeans women and the production of a range of publications to promote gender equality. She was a strong advocate for Australia’s adoption of the Optional Protocol to the Convention on the Elimination of Discrimination Against Women and was part of the Australian Government delegation at the Beijing + 5 conference in New York in 1999. Her outstanding work will be ably continued by the incoming Sex Discrimination Commissioner, Pru Goward.In the wake of the 2000 Olympic Games, Indigenous disadvantage, the ‘stolen generations’, reconciliation and calls for a treaty continued to be at the forefront of national debate. Throughout the past year, Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner Dr William Jonas has highlighted the human rights dimensions of these critical issues through his annual Social Justice and Native Title Reports to federal Parliament. He has called for a commitment to overcoming Indigenous disadvantage as an urgent national priority and has continued to advocate for the establishment of a reparations system to assist Indigenous people forcibly removed from their families as an alternative to protracted and costly litigation.
Of course, such an extraordinary breadth of work – often mundane, requiring meticulous attention to detail, patience and also fresh perceptions - is not easily achieved. The Commission is fortunate to have committed, enthusiastic and professional members of staff. They have contributed enormously to the substantial achievements of the past year and their efforts deserve particular recognition.
International Work of the Commission
The Australian Human Rights and Equal Opportunity Commission continues to play a significant role in the international arena. The Commission is widely viewed as a national human rights institution that has specialised expertise with which it can support new or emerging institutions. This support can take the form of assisting new institutions to develop complaint-handling procedures, conduct investigations or establish and run inquiries into breaches of human rights. Exchange of technical assistance is an important way that Australia can assist its regional neighbours to develop their capacity to promote and protect human rights, often in very difficult and challenging environments.
Over the past year, the Australian Commission has provided technical assistance on a range of bilateral projects, funded by the Australian Government’s international aid and development agency, AusAID. One of the most notable projects, running for the past four years, is the China Human Rights Technical Assistance Program, which forms part of the annual Human Rights Dialogue between Australia and the People’s Republic of China. This program emphasises that constructive dialogue and cooperation based on mutual respect is an effective approach for working towards the improved protection of human rights. In addition, the Commission has provided advice and assistance to national institutions and human rights agencies in Indonesia, South Africa, Hong Kong, Uganda and Vietnam.
Since its establishment in 1996, the Australian Commission has hosted the Asia Pacific Forum of National Institutions. Over the past five years the Forum has grown from its original four members to its current total of eight, including Australia, Fiji, India, Indonesia, Nepal, New Zealand, the Philippines and Sri Lanka. While the growth of the Forum reflects the success of its endeavours to strengthen human rights protection and promotion in our region, it also presents significant legal, governance and financial challenges. At the Fifth Annual Meeting, held in New Zealand in August 2000, Forum members gave ‘in principle’ support to the legal incorporation of the Forum. The transition of the Forum to a more independent structure will, it is hoped, provide a flexible and workable framework to enable greater participation by all member institutions. AusAID, the United Nations Office of the High Commissioner for Human Rights, the New Zealand Government and private donors have provided generous funding to support the activities of the Forum.
The FutureIt is properly and widely recognised that the ultimate test of our worth as a democratic nation is to be found in how we treat the most vulnerable and disadvantaged members of our society. By giving flesh and bone to the principles and values that inform our understanding of human rights, we give dignity and respect to each other and therein build a fair, just and inclusive Australia.
This is not an easy task and the challenges that face our country today are profound indeed. Pre-eminent among them is the question of forging a true reconciliation between Indigenous and non-Indigenous Australians and finding lasting solutions to entrenched Indigenous disadvantage. We need to address the manner in which we respond to unlawful arrivals to Australia, establishing processes that are humane and in accordance with our obligations under international human rights treaties. Overcoming discrimination and intolerance and ensuring that each person, regardless of their race, sex, disability, age or religious background, has the opportunity to participate fully in our society is another goal towards which we strive.
We hold a broad and difficult charter. However, the Commission will continue to pursue these aims in a spirit of cooperation with government and non-government organisations, business, community groups and individuals. Such partnerships enhance and strengthen important ties within our community and set the foundations for a fair and inclusive society.
The changes that the organisation has undergone in recent times have placed us in a position that allows us to better focus our energies on addressing and advocating on the important human rights issues that face us here in Australia and in our region.
I look forward to working with the Australian community to meet the challenges of the coming year.
