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Part 2 of the Core Human Rights

2.1 The nature and development of human rights


The definition of Human Rights

A right is something to which you are entitled.


o There are many types of rights, including moral rights,
customary rights, human rights, domestic rights and
international rights
Human Rights are fundamental rights. They are things to which
every human being is entitled for just being a human. Generally, it is
recognised that human rights are:
o Universal To be enjoyed by all individuals regardless of their
nationality, gender race or status
o Indivisible All human rights are equally as important
o Inherent the birthright of all humans and are to be enjoyed
by all people simply by reason of their humanity
o Inalienable That is, people cannot agree to give them up or
have them taken away.

Types of human rights:

There are 3 types of human rights:


o Civil and Political Rights Civil and political rights are also
called first generation rights because they were the first to
be recognised historically
Civil Rights are entitlements belonging to all humans
and are to do with being a free citizen of a nation (e.g.
freedom of religion)
Political Rights are entitlements belonging to all humans
and are to do with full participation in government (e.g.
right to vote)
Civil/Political rights protect the individual from the
arbitrary exercise of power by the state.
These rights are set out in the Universal Declaration of
Human Rights 1948 AND International Convention on
Civil and Political Rights
These rights include:
Right to life, liberty and security of person
Right to freedom from slavery
Right to freedom from torture or from cruel,
inhuman treatment
Right to self-determination (groups of people
pursuing
economic,
social
and
cultural
development)

o Economic, Social and Cultural Rights


Economic Rights are the rights concerned with the
production, development and management of material
for the necessities of life.
Cultural Rights are the rights which assist in preserving
and enjoying ones cultural heritage
Social Rights are rights that give people security as they
live and learn together, such as the rights involving
schools and other institutions.
Some examples include the right to:
Social security
Equal pay for equal work
Join and form trade unions
Education
Economic, social and cultural rights usually require
government action.
For example, an adequate health system requires
the government to spend money on health centres
and hospitals
o Environmental Rights, peace rights and the right to
self-determination
3rd Generation Rights, meaning that they have only
emerged in recent years
Applies to society as a whole as opposed to strictly
individuals
Collective Rights are rights that do not belong to an
individual but to a group of people (e.g. continued right
of survival of a race).
The right to Self-Determination is the collective rights of
peoples to govern themselves.
Some rights of individuals are also collective in
nature, such as the right to freedom of religion
Outline how human rights concepts and movements have changed and
developed over time

The term human rights emerged relatively recently, in the 1940s.


The development of concepts of human rights have been influenced
by:
o The idea of state sovereignty
o natural law doctrine
The philosophy of natural law is based on the idea that
there exists certain natural laws which apply to all
humanity and which maintain the basic dignity of
human beings

This idea was developed in Ancient Greece by


philosopher such as Pluto and Socrates
Adopted by later philosophers such as St.
Augustine
The natural law doctrine has contributed to concepts of
human rights by promoting the idea that humans have
certain fundamental rights that cannot be taken away
by anyone, including the king and the queen.
o Historical constitutional documents and international
agreements
Human rights have been gradually recognised by
various documents which have become part of the
constitution of individual nations, as well as through
international agreements. Examples include:
The Magna Carta (1215) and English common Law
o English Law, upon which Australia law is
based, first recognised that the king had
limited power over individuals in the Magna
Carta.
o This document included principles that:
Every citizen has the right to freedom
Anyone accused of crime must be
brought before the courts
There must be equity of all before the
laws
Property cannot be confiscated by the
king without compensation
o The English common law also developed
principles
protecting
the
rights
of
individuals, such as:
Every is entitled to due process of the
law
The right of habeas corpus (means
that people cannot be imprisoned
without good reason)
The Declaration of Rights (1689)
o The principles of the Magna Carta and
English common law came together in the
Declaration of Rights
o The primary purpose of this document was
to establish supremacy of parliament over
the king
o It also established some individual rights,
including the right to freedom of speech

Declarations of America and France


o The increasing emphasis on the individuals
rights can be seen in the establishment of
the American Declaration of Independence
(1776) and the French Declaration of the
Rights of Man and the Citizen (1789)
o These two documents are important in the
development of human rights law because
they represent systematic attempts to
enshrine individual human rights and
freedoms in the laws of specific nations
o Movements to recognise certain human rights
The movement towards the protection of human rights
has been influenced by the struggle for:
The abolition of slavery
o Most ancient civilisations (Egyptian, Greeks,
Romans) had slaves
The movement to end the slave trade
began in the late 18th century in
Europe.
The right to freedom from slavery was
fought for both domestically and
internationally
Those who fought to end slavery were
known as abolitionists
o The abolitionist movement gained strength
and publicity during the 19th century and
succeeded in gaining legal protections
against slavery in various countries
France was the first country to pass a
decree abolishing slavery, 5 years
after their declaration
Most European nations had stopped
exporting slaves from Africa in 1838
The fight to end slavery in the United
States led to the civil war. Slavery was
finally abolished by an Amendment in
Americas constitution in 1865
Forced-labour was abolished in 1904
when the Australian government
agreed to pay any losses to companies
who would have to start paying their
workers

o After slavery was abolished in Europe and


Africa, the trade in African slaves continued
in Muslim nations
Britain attempted to stop this, but it
became apparent only an international
effort could stop the trade
In 1890, European countries came
together in Brussels and signed the
General Act of Brussels which became
the first international treaty abolishing
slavery.
The Slavery Convention was signed in
1926 in Geneva and amended in 1953
The Supplementary Convention on the
Abolition of slavery, the slave trade
and Institutions and Practises similar
to Slavery (1956) came into effect in
April 1957 and is one of three
international conventions operating to
eliminate slavery today
o These days, the United Nations Working
Group on Contemporary Forms of Slavery
monitors the compliance of nations with the
three international conventions mentioned
above.
Forms of slavery that still exist include
child labour, prostitution and the sale
of children.
Trade unionism and labour rights
o A trade union is an association of wage
earners which exists in order to maintain
and improve the working conditions of its
members. Trade unions developed to fight
for what are now recognised as fundamental
human rights.
Trade unions first appeared in England
in the early 19th century in response
to the Industrial Revolution
Industrial Revolution meant that
process
of
production
changed
radically, and meant that factories
were built and employed thousands of
people.

The conditions of these factors


was classified by long working
hours, low pay and dangerous
working conditions
o When trade unions were first formed, they
were outlawed by acts of Parliament called
Combination Acts.
In Australia, the Shipwrights Union
emerged in 1829 as the first trade
union.
Laws to restrict collective action of
union members remained in force.
o International concern about the conditions of
workers was raised in the mid-19th century
by Robert Owen and Daniel Legrand.
The International Association for
Labour Legislation was founded in
Basel in 1901
The ideas of Legrand and Owen were
incorporated into the International
Labour Organisation (ILO) which was
created in 1919.
The ILO aimed to improve
conditions
for
workers
internationally.
o While many workers in developing countries
are continually exploited, in Australia, trade
unions have ensured:
Minimum wages
Right to form trade unions
Equal pay for equal work
Occupational
health
and
safety
equipment
40-hour working week

Universal suffrage
o Suffrage means the right to vote in
government elections. Universal suffrage
means the right of all adults to vote in
government elections.
Up until the late 19th century,
governments in most-nations were run
by a monarchy and the aristocracy.

Ordinary people were considered


unfit to govern themselves
The notion that people have the right
to choose their own government first
arose in both the American and French
declarations.
In 1971, in France, the new regime
established nearly total male suffrage.
However, in 1975, Frances
political turmoil resulted in
suffrage being restricted to men
with a certain amount of
property. Re-established in 1848
In America, nearly all states had
achieved male suffrage by 1825
The Great Reform Act (1832) in Britain
allowed 1/5 males to vote.
It was not until 1918, when the
right to vote was granted to all
men over 21 years of age.
New South Wales granted universal
male suffrage in 1858.
o In the second half of the 19 th century, the
call for female suffrage gained momentum
in many Western democracies, particularly
after male suffrage was granted.
New Zealand was the first country to
give women the right to vote, in 1893.
Australia
was
soon
after,
nd
becoming the 2 country
Most other nations granted women
suffrage between 1920 and 1950.
Switzerland
did
not
grant
women suffrage until 1971.
At the beginning of 2010, there were
only 2 countries that did not allow
women suffrage within the existing
electoral system Vatican City and
Saudi Arabia
o In many countries, racial minorities were
denied the right to vote until well into the
20th century.
In the USA, black men were given the
right to vote in 1870.

IN Australia, Aboriginal people were


not given the right to vote in NSW
until 1926.
In 1962, all Aboriginal people in
Australia were allowed to vote.

Universal Education
o In the 18th century, education was only
available to the aristocracy (upper class)
The French & Industrial revolutions led
to new ideas about new practical
demands for education for all people.
The gradual widening of suffrage
helped to achieve universal education
as people needed to be educated in
order to vote.
In 1870, the British parliament passed
the Education Act which provided
almost free elementary schools for all
children.
Education for kids under 12
years old became compulsory in
1880.
o In Australia, in 1810 only 19% of children in
NSW were receiving any form of education
In 1866, the Public Schools Act (NSW)
established
a
system
of
state
elementary schools throughout NSW.
Primary education became compulsory
throughout Australian states in the
1870s.
o While girls were included in the drive for
universal suffrage, they were not given
equal access to secondary and university
education.
In 1921, women were allowed to
attend classes at Oxford University.
By 1969, 25% of Australias university
students were female.
Today, women account for more than
50% of university students.
o In developing nations, education has still not
become compulsory.

Around the world, 130 million children


aged between 6 and 11 still do not
have access to primary education.
Self-Determination
o Self-determination refers to the right of
peoples to govern themselves and to choose
their own form of government. It is a very
important collective right, recognised both
within and between nations.
o Prominent in the Charter of the United
Nations (1945), and some features of selfdetermination include:
Involves the right of colonised peoples
to establish their independence.
Involves the right of people within a
nation to freely choose their own form
of government and elect their own
government
Linked to the principle of state
equality of all United Nations member
states, irrespective of their size or
power.
Environmental Rights
o Environmental rights encompass the right to
a
clean,
healthy
and
sustainable
environment.
Various
treaties
and
declarations have been signed in attempts
to protect these rights
All countries need to sign in order for
these treaties to be effective.
USA have refused to sign the Kyoto
Protocol, which has limited its
effectiveness
o The United Nations Climate Summit formally
recognised the need for fast international
action on climate change in 2009, but was
unable to agree on a new protocol to replace
the Kyoto Protocol
Peace Rights
o The right to peace is the right of people to
have their government maintain peace and
eliminate war.
The Charter of the United Nations
(1945) urges international disputes to

be resolved peacefully, to refrain from


acts of ware except in self-defence.
o Peace was recognised as an international
right by the Declaration on the Right of
Peoples to Peace, a non-binding resolution
of the UN passed in 1984.
o One treaty that exists with the purpose of
promoting peace is the Treaty on the NonProliferation of Nuclear Weapons (1986).
This treaty prohibits signatories from
buying or building new nuclear
weapons and commits the signatory
nations who already have nuclear
weapons
to
work
towards
disarmament.
Describe formal statements of human rights

The atrocities of World War 1 and World War 2 led to wider


recognition of a wider range of human rights.
o The establishment of the United Nations in 1945, the Charter
of the United Nations (1945) and the Universal Declaration of
Human Rights (1948) marked the beginning of true
recognition of human rights.
o The UN charter established the United Nations and is a treaty
which binds all members of the United Nations.
The UN charter has as one of its fundamental purposes,
the promotion of respect for human rights.
The International Bill of Rights is made up of three documents:
o The Universal Declaration of Human Rights (1948) This
document lists the human rights to which every person is
entitled. Each of its thirty articles sets out a particular human
right or sets of rights.
o The International Covenant on Civil and Political Rights (1966)
Was drawn up in order to give legal force to part of the
Universal Declaration of Human Rights. The ICCPR protects
civil and political rights.
o The International Covenant on Economic, Social and Cultural
Rights (1966) Gives legal force to the second part of the
Universal Declaration of Human Rights. It protects economic,
social and cultural rights.
o These three documents, together with their protocols, form
what is known as the International Bill of Rights. A total of 165

countries have agreed to be bound by the provisions in the


ICCPR and the ICESCR.
2.2 Promoting and Enforcing Human Rights
Describe the concept of state sovereignty and assess its role in promoting
and enforcing human rights

The idea of state sovereignty means that within one country or


nation-state there is a group, person or body with supreme lawmaking authority.
o The notion of sovereignty means that the domestic affairs of a
nation are under the control of that notion.
o It is only the relationships between countries that should be
subject to international law.
o State Sovereignty means that international law cannot
interfere with what happens within a state without the states
consent.
The idea of popular sovereignty developed, and gained popularity.
This idea meant that the people themselves were the sovereign.
o The people could delegate their power to a parliament and
revoke that power if necessary.

Outline the roles of various organisations internationally in responding to


human rights issues

The United Nations (UN)


o The United Nations was established through the United
Nations Charter (1945). One of the 5 core purposes of the UN
is to promote respect for human rights.

Office of the High Commissioner for Human Rights


o The Office of the High Commissioner for Human Rights
(OHCHR) offers is support and expertise to the various human
rights monitoring bodies and systems with the UN.
The OHFCHR oversees the Human Rights Council and
the eight human rights treaty bodies.
The Human Rights Council
o The UN Human Rights Council was established in 2006 as a
subsidiary of the UN General Assembly.
It consists of 47 member states responsible for the
promotion and protection of human rights globally.
Its chief purpose is to examine situations in which
human rights violations are occurring and make
recommendations for action back to the UN General
Assembly.

o The Human Rights Council runs the Universal Periodic Review


every 4 years to review the human rights records of all
countries.
Based on the will of each member state it is up to the
representatives of each state to declare what actions
they have taken to address human rights violations and
to meet obligations.
UN Security Council
o The chief decision-making arm of the UN and consists of 15
member nations.
The UN charter allows the UN security council to take
such action by air, sea or land forces as may be
necessary to maintain or restore international peace and
security
The UN Security Council can also intervene to stop
defined mass atrocities (e.g. genocide), by using the
international Responsibility to Protect (RtoP) principles.
Intergovernmental Organisations
o Regional intergovernmental organisations (IGOs) are powerful
instruments for protecting against human rights abuses within
member states.
The membership conditions of many major IGOs include
respect for human rights and a good human rights
record.
E.g. Members of the Commonwealth of Nations
must abide by the political principle of democracy
and respect for human rights.
Courts
o The International Criminal Court (ICC) is the permanent
international court and hears cases relating to the most
serious of international crimes and gross human rights abuses,
namely genocide, war crimes and crimes against humanity.
The ICC is the first permanent court allowing individuals
to be tried against humanity and human rights
infringements.
Referred to as the Court of Last Resort, meaning it will
only hear cases if they are not being investigated or
prosecuted by a national judicial system.
As of March 2010, there were 111 parties to the Rome
Statute governing the ICC.
The USA is not a party to the Rome Statute
Tribunals
o There have been 2 UN ad hoc tribunals in recent years, set up
by the UN Security Council under the rules of the UN Charter.

Individuals could be prosecuted for crimes against humanity in


these tribunals.
The International Criminal Tribunal for the former
Yugoslavia was established in 1993 to hear cases
involving breaches of the Geneva Convention (i.e. war
crimes) and human rights crimes that were committed
during the breakup of the former Yugoslavia in 1991.
The second tribunal, the International Criminal Tribunal
for Rwanda, was set up in 1994 to hear cases of
genocide committed in Rwanda in 1994.
Independent Statutory Bodies
o There are 8 human rights bodies, which are committees of
independent experts that monitor compliance with the chief
international human rights treaties by signatory sates.
These committees are created in accordance with the
provisions of the treaty they monitor.
o The committees are:
The Human Rights Committee (OHCHR)
The Committee on social, economic and cultural rights
(CESCR)
The Committee on the Elimination of Racial
Discrimination (CERD)
The Committee on the Elimination of Discrimination
against Women (CEDAW)
The Committee against Torture (CAT)
The Committee on the Rights of the Child (CRC)
The Committee on Migrant Workers (CMW)
The Committee on the Rights of Persons with disabilities
(CRPD)
o The main role of these treaty bodies is to:
Consider reports made by states to these specific bodies
Considering individual complaints or communications
Publishing general comments on the treaties and
organising discussions and forums on their purposes and
themes
Non-Government Organisations
o An NGO is an organisation that works towards a certain cause
and operates separately to any government.
As concepts of human rights have evolved, both
internationally and within Australia, the establishment of
NGOs concerned with human rights has increased.
o NGOs were fundamental in establishing the UN Charter and
the International Bill of Rights, and many of them operate as
observers with the UN and other specialised government
agencies in the upholding of human rights.

o Major international NGOs working in human rights includes


Amnesty International and Human Rights Watch.
The Media
o Media plays an extremely important role in raising awareness
of human rights abuses around the world and rallying public
and government action to end such abuses.
The internet and 24 hour-news mean everyone has
access to this information at any time of the day.
NGOs are able to use the media in order to gain the
attention of the public.
However, the media and its overuse can lead to
compassion fatigue meaning that people will
eventually get over the news story if they keep
presenting the same thing over and over again.

List the ways in which human rights are incorporated into Australian Law

Protection of human rights in Australia has generally been of a high


standard when compared to that to that of many other nations,
although some court decisions and statutes have placed limitations
on human rights, as have some other government practises,
particularly in relation to ATSI peoples and asylum seekers.
o Human Rights are protected through:
The Australian Constitution
Common Law
Statute Law
Courts and Tribunals
A proposed Australian Charter or Bill of Rights
In addition, government and non-government organisations, along
with the media, assist in the promotion and monitoring of the
protection of human rights in Australia.

Describe the roles of various legal frameworks and organisations in


Australian responses to the protection of human rights

When Australia first formed in 1901, there was little recognition for
human rights reflected in the minimal protection of rights in the
Australian Constitution.
However, more and more human rights have become protected in
Australia through common and statute law and government bodies
such as the Australian Human Rights Commission.
Australian Constitution
o Under the division of powers, the federal government has
exclusive power over international affairs the external
affairs power means that only the Australian government can

enter into international agreements, including any human


right agreements.
State and territory governments can act to mirror any
international human rights through their own legislation
but they themselves do not have the power to ratify
human rights agreements themselves or to enact
enabling legislation.
o The Australian government has agreed to uphold human
rights standards, set out in a number of international treaties
and declarations including the 8 that have been discussed in
Section 2.2
These treaties means that Australia is obliged to give
effect to the human rights obligations contained in these
documents.
o The separation of powers divides the power of the
government into 3 separate institutions the legislature, the
executive and the judiciary.
Maintaining the independence and separation of each
arm of government ensures basic civil and political
rights are protected and that no one arm can hold too
much power.
o A small number of human rights are guaranteed under the
Australian Constitution, including:
The right to vote
The right to trial by jury
The right to freedom of religion
The right to just compensation for property acquired by
the Commonwealth
o Compared to many other nations, Australias constitutional
guarantee of human rights is quite limited. The first 10
amendments to the United States Constitution, for example,
guaranteed all citizens rights including the express right to
free speech, the right to bear arms, the right to a speedy trial,
the right not to incriminate oneself, and the right to be free
from the infliction of cruel and unusual punishment.
Rights conferred by common law
o In Australia, the common law gives some rights to people
such as the right of a tenant to quite enjoyment of the
property he/she rents.
o However, the common law has also restricted the rights of
Australians in some cases, as is shown in the protection of the
right to legal representation.
In McInnes v The Queen (1979), it was found that there
was no right to legal representation in Australia despite

the fact that those with representation have a much


greater chance of being acquitted.
However in the case of R v Dietrich (1992), it was
decided that, in a serious matter, a case could be
delayed indefinitely until an accused person has
acquired legal aid.
Statute Law and parliaments
o Statute law, together with non-interference, remains the main
way that human rights are protected in Australia.
o In addition, bodies such as the NSW Anti-Discrimination Board
and the federal Australian Human Rights Commission (AHRC)
have been established by legislation to examine cases where
rights have been violated.
Established in 1986 as the Human Rights and Equal
Opportunity (HREOC), the now AHRC is an independent
statutory authority which administers federal human
rights
legislation,
including
anti-discriminating
legislation.
The AHRCs role is to investigate and conciliate
complaints about abuses of human rights in legislation
under its jurisdiction. However, the AHRC does not have
the power to make legally binding decisions.
o Parliamentary committees and law reform bodies investigate
the protection of human rights in Australia and make
recommendations for change.
The federal parliaments Human Rights Subcommittee,
established in 1991, is an example of one such body.
o Most human rights exist for Australian citizens simply because
the law does not interfere with them. Freedom of movement is
one such right.
People in Australia are free to move from town to town
and are free to walk around wherever they like within
certain restrictions.
This is the concept of non-interference
Courts and Tribunals
o Australia is a signatory to many human rights treaties, and
generally, these treaties have no force in Australia unless
there has been a legislation passed in Australias domestic law
enacting the provisions of treaties.
E.g. The Racial Discrimination Act (1975) enacts the
provisions contained in the Convention on the
Elimination of All Forms of Racial Discrimination (1965)
o However, many human rights treaties have not been made
part of domestic law.

E.g. the ICCPR and the ICESCR have been merely


attached as schedules to the Human Rights and Equal
Opportunity Commission Act (1986). This does not make
them part of domestic law.
o The AHRC does not have the power to make legally binding
decisions; however, several state tribunals do have this power
in protecting certain human rights.
NSW Administrative Decisions Tribunal (ADT) can hear
complaints about discrimination and make legally
binding decisions about the matter (can include
awarding damages up to $40,000)
Both ACT and Victorian courts can also hear and make
decisions about the abuse of human rights contained in
their legislative Charter of Rights
o There have been several cases which have shown that
international human rights law can have an effect on
Australian law, even when there is no domestic legal
protection for rights in Australia.
In areas where there is no domestic legal protection,
people whose rights have been adversely affected can
lodge a complaint with various international bodies.
Non-government organisations
o Many non-government organisations in Australia work to
protect human rights domestically. Some include:
Amnesty International
The Red Cross
The Australian Humans Rights Centre
The NSW Council for Civil Liberties
o These are just a few of the groups that lobby governments
about human rights issues and which publicise human rights
concerns in Australia.
Media
o The Australian media plays an important role in reporting
human rights infringements within Australia and rallying
public action.
The possibility of a Charter of Rights
o A Declaration of Rights, or Charter of Rights, is a document
which sets out the basic rights to which every human should
be entitled. More and more nations have incorporated a
Charter of Rights into their domestic law. Australia is the only
western democracy that does not have a Bill of Rights.
o Since 2004, both ACT and Victoria have incorporated a Charter
of Rights into their legal systems.

o A domestic Charter of Rights can be part of a countries laws in


two ways:
It can be entrenched
It can be legislative (that is, part of normal legislation)
o Criticism of Australias human rights laws have led to the
suggestion that Australia should have its own Charter of
Rights to ensure adequate protection of human rights.
o An entrenched Bill of Rights is part of the constitution of a
country. Such charters are difficult to change, which means
that citizens are protected no matter who is in government.
With an entrenched Charter of Rights, no government
can pass a law which contradicts a right given by that
charter.
o A legislative Charter of Rights is passed by a parliament in the
same way as any other law is passed. The proposed Human
Rights Act (rejected by the government) would have a
legislative Charter of Rights.
A legislative Charter of Rights can of course be changed
by the legislature too, so citizens do not have the same
level of protection as with an entrenched Charter of
Rights.
2.3 Investigate a contemporary issue which illustrates the
promotion and/or enforcement of human rights Treatment of
Refugees

The 1951 UN Convention relating to the Status of Refugees defines


a refugee as someone who owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of
a particular social group or political opinion, is outside the country of
his nationality, and is unable to or, owing to such fear, is unwilling to
avail himself of the protection of that country
o According to the UNHCR 2009 Global Trends Report, by the
end of 2009 there were 43.3 million people forcibly displaced
people internationally.
International Legal Responses include:
o The 1951 Refugee Convention is international legal instrument
governing refugees. Both the convention and the UNHCR were
established as a direct result of World War 2 and the resultant
world refugee crisis.
This key legal document defines a refugee, outlines
refugee rights and establishes the refugee obligations of
states.
o United Nations High Commissioner for Refugees:

The UNHCR is the body established to assist refugees


internationally. The UNHCRs role is to lead and
coordinate international action to protect refugees and
resolve refugee issues worldwide.
The aim of the UNHCR is to protect the rights and
wellbeing refugees as well as striving to ensure that
everyone can exercise their right to seek asylum and
find safe refuge in another state.
International Non-Legal Responses include:
o The chief international NGOs in the care and protection of
refugees are Amnesty International and Human Rights Watch.
Their role is to monitor refugee camps, monitor human
rights compliance by states creating or hosting
refugees, report on refugee situations to the UN,
governments and the media and campaign for reform.
The international media also plays an important role in
assisting NGOs in raising awareness and agitating for
change.
Australian Legal Responses:
o In 2007/2008, the Australian government issued 13,014
humanitarian visas under its Refugee and Special
Humanitarian Program and set a quota of 13,500 in
2008/2009.
Most of the refugees accepted into Australia apply
offshore and are referred from the UNHCR
o Under the Border Security Legislation Amendment Act (2002)
people are detained if they are declared unlawful, and are
treated as such if they have:
Arrived in Australia without a visa
Overstayed their visa
Had their visa cancelled
Australian Non-Legal Responses:
o Global NGOs operate in Australia, including Amnesty
International, Human Rights Watch and Oxfam
o The Refugee Council in Australia is the peak body representing
the organisations and individuals who support and assist
refugees and asylum seekers
o The media plays an important role in shaping Australias
refugee policy and the attitude of Australian citizens towards
refugees and asylum seekers.

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