Counter-terrorism and human rights
- What's new?
- What do human rights have to do with counter-terrorism laws?
- Past projects and publications
- Links to resources on counter-terrorism and human rights
What’s new?
‘A Human Rights Guide to Australia’s Counter-Terrorism Laws.’
This paper provides an overview of some of the human rights concerns raised by Australia’s counter-terrorism laws. Issues covered include the following:
- What impact can counter-terrorism laws have on human rights?
- What counter-terrorism provisions have been introduced into the Commonwealth Criminal Code?
- What counter-terrorism powers does the Australian Security Intelligence Organisation (‘ASIO’) have?
- What counter-terrorism provisions have been introduced into the Commonwealth Crimes Act?
- What information can be kept secret on national security grounds?
- What are some examples of counter-terrorism cases which raise human rights issues?
- What reforms would help ensure counter-terrorism laws uphold human rights?
- Where can I find out more about counter-terrorism laws?
What do human rights have to do with counter-terrorism laws?
Since the events in the United States on 11 September 2001, the Australian Government has introduced more than 40 new counter-terrorism laws. Amongst other things, these laws have created:
- new criminal offences
- new detention and questioning powers for police and security agencies
- new powers for the Attorney-General to proscribe terrorist organisations
- new means of controlling people’s movement and activities.
Counter-terrorism laws can have a profound impact on fundamental human rights and freedoms, including:
- the right to a fair trial
- the right not to be subjected to arbitrary detention
- freedom from torture and cruel, inhuman or degrading treatment or punishment
- the right to freedom of expression
- the right to freedom of movement
- the right to privacy
- the right to non-discrimination
- the right to an effective remedy for a breach of human rights.
These and other fundamental human rights are protected under international treaties that the Australian Government has committed to uphold, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
However, because these treaties have not been incorporated into domestic law, some human rights are not fully protected in the Australian legal system. As a result, a range of new counter-terrorism laws have been adopted in Australia without adequate consideration of the impacts on fundamental rights and freedoms.
While there is a need for laws and policies to ensure that Australians are protected from security threats, all efforts to protect Australia’s security should comply with the international human rights standards Australia has agreed to uphold.
Concerns regarding Australia’s counter-terrorism laws have been raised by community groups, human rights advocates and several official review bodies, including the Security Legislation Review Committee, the Parliamentary Joint Committee on Intelligence and Security and the Australian Law Reform Commission.
The Australian Human Rights Commission is of the view that an independent review mechanism should be established to ensure that all current and future counter-terrorism laws comply with Australia’s human rights obligations. To read more, see the Commission’s submission to the Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2].
For further information regarding the human rights concerns raised by Australia’s counter-terrorism laws, see ‘A Human Rights Guide to Australia’s Counter-Terrorism Laws.’
Past projects and publications
Submissions:
The Australian Human Rights Commission has made a range of submissions to parliamentary inquiries, advocating the need to ensure that Australia’s counter-terrorism laws comply with international human rights standards.
- Submission to the Senate Standing Committee on Legal and Constitutional Affairs, Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2] , September 2008
- Submission to the Clarke Inquiry on the Case of Dr Mohamed Haneef, May 2008
- Submission to the Parliamentary Joint Committee on Intelligence and Security, Review of the power to proscribe organisations as terrorist organisations, February 2007
- Submission to the Senate Legal and Constitutional Affairs Committee on the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006, November 2006
- Comments on the Anti-Money Laundering and Terrorism Financing Bill 2006 and draft consolidated AML/TF Rules, August 2006
- Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Defence Legislation Amendment (Aid To Civilian Authorities) Bill 2005, January 2006
- Submission to the Security Legislation Review Committee on the Security Legislation Amendment (Terrorism) Act 2002 and the Criminal Code Amendment (Terrorism) Act 2003, January 2006
- Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Anti-Terrorism Bill (No 2) 2005, November 2005
- Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Law and Justice Legislation Amendment (Video Evidence and Other Measures) Bill 2005, October 2005
- Submission to the Senate Legal and Constitutional Legislation Committee on the National Security Legislation Amendment Bill 2005, April 2005
- Submission to the Parliamentary Joint Committee on ASIO, ASIS and DSD: Review of Division 3 Part III of the ASIO Act 1979 (Cth), April 2005
- Submission to the Senate Legal and Constitutional Legislation Committee on the provisions of the Anti-Terrorism Bill (No. 2) 2004, July 2004
- Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Provisions of the National Security Information (Criminal Proceedings) Bill 2004 and the National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004, July 2004
- Submission to the Parliamentary Joint Committee on ASIO, ASIS and DSD, May 2002
Click here to read more of the Commission’s submissions on counter-terrorism and national security issues.
Speeches:
The President of the Australian Human Rights Commission has delivered a range of speeches relating to counter-terrorism and human rights. Recent speeches include the following:
- The Hon. John von Doussa QC, ‘Security and Human Rights in Australia: Australia’s counter-terrorism response’ Beijing Forum on Human Rights, 21-23 February 2008.
- The Hon. John von Doussa QC, ‘Incorporating Human Rights Principles into National Security Measures’ International Conference on Terrorism, Human Security and Development: Human Rights Perspectives, City University of Hong Kong, 16-17 October 2007.
- The Hon. John von Doussa QC, ‘All under control? Recent issues in Australia’s legal response to counter-terrorism’ HREOC Forum, Sydney, 13 November 2006.
- The Hon. John von Doussa QC, ‘Criminal Justice in a Climate of Fear - Reflections on the legal response to terrorism’ 10th International Criminal Congress, Perth, 19 October 2006.
- The Hon. John von Doussa QC, ‘Reconciling human rights and counter-terrorism – a crucial challenge’ The Annual James Cook University Mayo Lecture, 12 September 2006.
Click here to read more speeches given by the President and Commissioners of the Australian Human Rights Commission.
Links to resources on counter-terrorism and human rights
Counter-terrorism laws in Australia:
- Chronology of counter-terrorism laws introduced in Australia since September 2001
- Australian Security Intelligence Organisation Act 1979 (ASIO Act)
- Crimes Act 1914 (Cth)
- Criminal Code Act 1995 (Cth)
- National Security Information (Criminal and Civil Proceedings) Act 2004
Reports regarding Australia’s counter-terrorism laws:
- Report of the Parliamentary Joint Committee on Intelligence and Security, Review of Security and Counter-Terrorism Legislation, December 2006
- Report by the Australian Law Reform Commission, Fighting words: A Review of Sedition Laws in Australia, July 2006
- Report of the Security Legislation Review Committee (the ‘Sheller Committee’), June 2006
Online resources - Australia:
- Submissions by the Australian Human Rights Commission
- HREOC Report, Ismaع – Listen: National Consultations on eliminating prejudice against Arab and Muslim Australians, 2004
- Parliament of Australia, Parliamentary library guide on resources and documents regarding terrorism law
- Australia 2020 Summit, Final Report, Chapter 9, Australia’s future security and prosperity in a rapidly changing region and world
- Australian Government discussion paper, Material that advocates terrorist acts, May 2007
- Gilbert +Tobin Centre of Public Law
- Amnesty International Australia
- ‘Anti-Terror Laws: ASIO, The Police and You’ produced by the Australian Muslim Civil Rights Advocacy Network
Online resources - international:
- United Nations action to counter terrorism
- International treaties regarding terrorism
- United Nations Special Rapporteur on the promotion and protection of human rights while countering terrorism
- Human Rights, Terrorism and Counter-Terrorism, Factsheet produced by the Office of the United Nations High Commissioner for Human Rights
- Amnesty International
- Human Rights Watch
Books:
- Andrew Lynch, Edwina MacDonald & George Williams(eds), Law and Liberty in the War on Terror, Federation Press (2007)
- Andrew Lynch & George Williams, What Price Security? Taking Stock of Australia's Anti-Terror Laws, University of New South Wales Press (2006)
- Ben Saul, Defining Terrorism in International Law, Oxford University Press (2006)
- Leigh Sales, Detainee 002: The Case of David Hicks, Melbourne University Press (2007)
