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14 December 2012Book page
Report of an inquiry: Mr Zacharias Manongga
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia. -
Legal14 December 2012Webpage
Submission to the Joint Standing Committee on Treaties
1. This submission is made by the Human Rights and Equal Opportunity Commission (the "Commission") in response to the terms of reference issued by the Joint Standing Committee on Treaties inquiry into the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment ("Optional Protocol").[1] -
Legal14 December 2012Webpage
Submission to Australian Government Department of Education, Employment and Workplace Relations on the Discussion Paper, National Employment Standards Exposure Draft (2008)
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Australian Government Department of Education, Employment and Workplace Relations in response to the Australian Government’s invitation to make comment on the National Employment Standards Exposure Draft Discussion Paper. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
“I saw an Afghani guy cut his own throat in my compound – he was working with me in the kitchen that day, and after work, he went outside and he cut himself up everywhere. It was really hard. Even the officers started crying when this happened”. [17–year–old asylum-seeker] -
Commission – General9 April 2013Publication
Strategic Plan 2011-2014
Every three years we are required under our legislation to prepare a new Strategic Plan. We treat this as an opportunity to reflect on our effectiveness in undertaking our functions and duties, and to identify how we can ensure that our future work will result in tangible improvements in human rights for people in Australia. -
Rights and Freedoms14 December 2012Speech
"Immigration Detention - the Current Position"
The Australian HR protection system is a direct result of the history and development of white settlement in this country. If you compare us with the United States, we Australians had no free settlement, no War of Independence and little or no nation building by private entrepreneurship; rather it was done by way of British government fiat. -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human… -
14 December 2012Book page
Chapter 3: A human rights-based approach to lateral violence - Social Justice Report 2011
When we look at the many issues that face Aboriginal and Torres Strait Islander communities, it is easy to get paralysed by their complexity, entrenched nature and the sheer size of the challenge. But as an optimist, I believe that there is a lot that we can do to address these problems. There are many different tools available to suit the varying circumstances that face our diverse communities… -
14 December 2012Book page
Bringing them Home - Chapter 16
That's why I wanted the files brought down, so I could actually read it and find out why I was taken away and why these three here [siblings] were taken by [our] auntie ... Why didn't she take the lot of us instead of leaving two there? ... I'd like to get the files there and see why did these ones here go to the auntie and the other ones were fostered. Confidential evidence 161, Victoria. -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
14 December 2012Book page
Bringing them Home - Chapter 9
In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers… -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate… -
14 December 2012Book page
Strategic Plan 2011-2014
We have also played an important leadership role internationally by sharing our experience with other national human rights institutions and by contributing technical assistance to advance partnerships for human rights in other countries. -
Legal14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Legal14 December 2012Webpage
Consolidation of Commonwealth Discrimination law
As indicated by the Attorney General and the Minister for Finance and Deregulation in announcing this process, the review of Commonwealth discrimination law offers important opportunities to ensure that discrimination law contributes as effectively as possible, as well as efficiently, to the objectives of the achievement of equality in Australian society and the removal of discriminatory barriers… -
14 December 2012Book page
HRC Report No. 13
HRC Report No. 13 Copyright © Commonwealth of Australia 2001 Copying is permissible with acknowledgment of the authorship of the Human Rights and Equal Opportunity Commission, Sydney, 2001. -
Legal14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials… -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
14 December 2012Book page
Native Title Report 2007: Chapter 6
‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act).
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