Permanent Mission of Australia
to the United Nations
New York

091028_third_human_rights

Statement by H.E Gary Quinlan, Ambassador and Permanent Representative of Australia to the United Nations Third Committee regarding the National Statement on Human Rights, delivered on 28 October 2009.

(as delivered)

Today, I reaffirm the Australian Government’s commitment to human rights. Since coming to office two years ago, the new Australian Government has turned this commitment into genuine progress in the promotion, protection and realisation of human rights at home – and abroad.

Necessarily, the Government began with a focus on the needs of the most marginalised in Australian society. The Prime Minister’s apology, on behalf of our nation, to Indigenous Australians for past mistreatment, signalled the beginning of a new relationship between Indigenous and non-Indigenous Australians.

This new beginning was backed by a $5.6 billion investment to address Indigenous disadvantage. And in April this year, the Australian Government announced its support for the Declaration on the Rights of Indigenous Peoples.

More broadly, the Government announced on the 60th anniversary of the Universal Declaration of Human Rights, the most extensive community consultation on human rights in Australia’s history – the National Human Rights Consultation. The Consultation held more than 65 community roundtables and public hearings in more than 50 urban, regional and remote locations across the country. It received more than 35,000 submissions. The Consultation generated a considerable discussion of human rights across Australia.

The Consultation has provided the Government with a valuable document. The resulting report identifies what Australia does well, where we can do better, and assesses options for greater protection of human rights in Australia. The Government is now closely examining this report. This was a key moment in Australia’s history in moving our domestic debate on human rights forward and we welcome the enthusiasm expressed by so many Australian men and women towards a better realisation of human rights for all.

In parallel with these domestic efforts, the Australian Government has renewed its commitment to meeting Australia’s international human rights obligations. And it has taken steps to assume further international obligations under relevant treaties.

Australia has long played a part in the international protection of human rights. We draw continuing inspiration from the work of our former Foreign Minister and third President of the General Assembly, Dr Evatt, whose influence is reflected in Article 55 of the United Nations Charter. This article – which became known at the San Francisco conference as the ‘Australian pledge’ – commits the UN to promote ‘higher standards of living, full employment and conditions of economic and social progress and development’.

Evatt's vision remains as important today as it was in 1945.

Faced with global food, debt and financial crises, it is critical that the international community acknowledge the importance of economic, social and cultural rights, as well as civil and political rights.

The international community should – as Australia does – recognise that the processes of development must be equitable and accessible to all, including to the most vulnerable. Individuals and communities must have the right to participate in the development processes that affect them.

Australia looks forward to using our seat on the Economic and Social Council to advance the realisation of these fundamental rights – and widespread adherence to the treaties that support their implementation.

Realisation of gender equity is fundamental to the achievement of economic development. Australia welcomes strengthened institutional arrangements to support gender equity and the empowerment of women. We support efforts to establish a composite UN agency for women. We look forward to the swift appointment of a strong and competent Under-Secretary-General to build a dynamic entity able to fulfil its mandate. Gender architecture reform will better enable member states to achieve gender equality and women’s empowerment nationally, as well as to fulfil international commitments to women.

The time has come for all countries to address discrimination against individuals on the basis of their sexual orientation and gender identity. The Australian Government has introduced reforms to enable same-sex couples and their children to have the same entitlements as opposite sex de facto couples under our national law.

One enduring global human rights concern is the death penalty. Australia strongly opposes the death penalty and we reiterate our support for a moratorium on executions. We call on countries retaining the death penalty to follow the example set recently by the Republic of Togo in abolishing the death penalty.

We want to register our opposition to corporal punishment when used as a criminal sanction by Governments. Floggings, amputations and such methods of criminal punishment have no place in any judicial system in the 21st century.

Mr Chairman

The protection of human rights is a paramount obligation of each and every State.

Many States have recently taken significant steps to improve human rights. We welcome Laos’ and Burkina Faso’s recent ratification of the Disabilities Convention and Laos’ ratification of the ICCPR. Brazil acceded to both Optional Protocols to the ICCPR this year.

We commend the constructive way in which small nations – such as Vanuatu, Tonga and Tuvalu – have approached their Universal Periodic Review, notwithstanding the challenges facing small island states without representation in Geneva.

Australia welcomes the launch of the ASEAN Intergovernmental Commission on Human Rights, the first regional human rights body in the Asia-Pacific. We look to the Commission to fulfil the expectations of the people of the region.

Australia focuses on current challenges, but we continue to be mindful of past injustices. As we recognised through our apology to Indigenous Australians, we cannot move forward until we examine the past. In this vein, we welcomed the launch earlier this year of the United Nations trust fund for a memorial to honour the victims of slavery and the transatlantic slave trade and were honoured to become an early contributor.

Unfortunately, some countries have failed to live up to their obligations to their people.

The situation in Fiji has worsened since April when the military regime abrogated the Constitution, imposed draconian Public Emergency Regulations, dismissed the judiciary and delayed elections until 2014. We call on the regime in Fiji to withdraw immediately these regulations, to make good on its commitment to genuine dialogue, and to move quickly to free and fair elections.

We share longstanding concerns about Iran’s fulfilment of its human rights obligations. Iranians should have the right to peaceful protest and free expression of their political views. We deplore the violence that followed the June presidential elections. We are concerned by the continued detention of so-called opponents of the regime, executions of juvenile offenders and discrimination against minorities such as the Baha'is. Australia urges Iran to ensure transparency in its judicial system, and to investigate fully reports of torture, rape and death in detention.

We have consistently called for democratic reform and reconciliation in Myanmar, including the release of all political prisoners. While condemning the conviction of Aung San Suu Kyi on spurious charges in August, we welcome the recent contact between her and the Myanmar Government, and we urge genuine dialogue. Australia strongly supports the engagement of the UN Secretary-General on Myanmar, and we urge Myanmar to respond constructively to his proposals.

Australia, along with the international community, continues to monitor closely the Sri Lankan Government’s progress on the difficult challenge of its internally displaced people, including on their resettlement, as well as how it institutes political reform and reconciliation. Success in these areas is the key to creating a peaceful, stable and prosperous future for Sri Lanka.

We have long held concerns about the human rights situation in Zimbabwe. We were concerned to read reports today of the visit of the Special Rapporteur on Torture being cancelled as he was en route to Zimbabwe. We emphasise the importance of country visits to the proper performance of duties by the special procedures and urge Zimbabwe to facilitate access on this occasion.

Mr Chairman

The strength of the Australian Government’s engagement on human rights reflects our conviction that national implementation of human rights standards is paramount. And vital global human rights institutions and initiatives should guide and assist States in this process.

For this reason the international community must use the forthcoming review of the Human Rights Council to assess the effectiveness of the international human rights system.

Australia has been encouraged by aspects of the Council’s work, particularly the Universal Periodic Review and the valuable work of the Special Procedure mandate holders. We value the independence of the Office of the High Commissioner for Human Rights. And we believe the Human Rights Council can do more to respond to urgent human rights challenges.

In this endeavour, and in the promotion, protection and realisation of human rights more broadly, Australia will remain an active and constructive partner.