Thames, H Knox --- "The Effectiveness of US Litigation against MNCs in Burma" [2000] HRightsDef 11; (2000) 9(2) Human Rights Defender 13

Promoting human rights in the community

Chris Sidoti

• The Universal Declaration of Human Rights
• Celebrating achievement
• Recognising and acknowledging failure
• The rights-based approach
• Protecting and promoting human rights
• Conclusion

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The Universal Declaration of Human Rights

The Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10 1948 was a response to the trauma that many of the world's nations had experienced in World War II. The trauma was especially strong among the nations of Europe, particularly because of the Holocaust, but it was also evident in East Asia, South Asia, South East Asia and the Pacific. A recent statement by the Australian Bahá'i Community describes the significance of the Declaration well:

The Universal Declaration of Human Rights enshrines ideals and values with ancient roots in the cultures and traditions of all peoples. The achievement of the Declaration was to bring together those traditions and to recognise that human rights are, by their nature universal, inalienable and indivisible: that they belong to all people. They are a standard of achievement which the world acknowledges as the minimum to which every human being is entitled.

This statement comes from one of the world's and one of Australia's smallest faith communities and so it demonstrates the true universality of what the Declaration contains. It sees the Declaration as arising from `the cultures and traditions of all peoples'. Certainly I find in our Australian culture and traditions three fundamental values that are strongly reflected in the Declaration: the equality of all people, the right of all to a fair go and acceptance of people on the basis of who they are. The Prime Minister has described us rightly as `a tolerant society... a compassionate society'. We have not always lived up to these values, these ideals, but they are present in our tradition and continue to inspire us.

Celebrating achievement

Much has been accomplished for human rights since the Universal Declaration was proclaimed in 1948. We must remember and celebrate that.

During half this century we have experienced the development of a comprehensive body of international human rights law. In Australia too we have drafted and adopted laws to protect human rights and anti-discrimination laws. This has been difficult to do in a legal tradition that does not have a history of legal protection of human rights. Now even our courts are calling on international human rights law to develop Australian law, as we saw most significantly in the High Court's Mabo decision on native title to land.

The Mabo decision itself is a cause for celebration. It overturned two centuries of legal lies by recognising the legal rights of Indigenous peoples for the first time, fundamentally altering the balance of power between Indigenous and other Australians.

There have been many other Australian achievements for human rights since the Declaration. There is greater respect for self-determination of Indigenous Australians and recognition of their status as citizens. There has been an end to the death penalty, military conscription and physical punishment of children in almost all schools. The White Australia Policy has been abolished, leading to a society that is richer economically, socially and culturally.

Human rights institutions have been established. Under Australia's federal human rights legislation, the Human Rights and Equal Opportunity Commission and its predecessor have handled over 30 000 complaints, primarily without monetary costs to complainants and the majority securing resolutions acceptable to both parties. The Commission has undertaken inquiries that have both brought significant (even fundamental) changes in law and policy and increased community understanding of human rights. They include inquiries relating to homeless children, people with mental illness, racist violence, women's employment and over-award payments, compulsory retirement, children and legal process, the separation of Indigenous children from their families and now rural and remote education.

The continued existence of the Commission has been at jeopardy at times. At the 1987 and 1990 elections, for example, the then Opposition was committed to its abolition. However, it is now accepted by all major political parties as an essential part of the institutions of Australian democracy, even though it is a constant struggle to ensure adequate funding for its work.

Recognising and acknowledging failure

Celebration of achievement is essential but it is not enough. We must also recognise and acknowledge failure. This is part of knowing our history as a whole, knowing the full truth and not some selective version of it. Knowing the past is necessary for knowing the present and planning for the future. If we do not subject our history to the same critical analysis we will soon find ourselves intellectually stagnant and morally bankrupt as a nation. We need to judge our history and to remember that in time history will judge us.

What then have been the failures since the Universal Declaration was adopted? International failures are obvious. There have been many recurrences of genocide. The most obvious examples are Rwanda, Cambodia and, in Europe, the former Yugoslavia, but these are not the only ones. There have been persistent human rights violations by undemocratic or semi-democratic regimes. We have had continued persecution based on race or ethnicity, religion, politics, gender and sexual orientation. Poverty, disease, illiteracy and homelessness remain.

We must recognise our continuing failures at home too. Some have international dimensions. Australia's development assistance has declined to about 0.3% of our gross domestic product, less than half the level the United Nations has set and Australia has promised to reach. Other shortcomings are purely domestic: the treatment of children, unemployment and homelessness, the abuse of older Australians.

Our traditional Australian values of equality, a fair go and tolerance cannot be taken for granted. We must reflect critically on our performance as a nation in giving -- or failing to give -- practical effect to these values. Three issues stand out as central to the achievement of human rights and social justice in Australia. These are poverty, the treatment of minorities, and reconciliation.

The rights-based approach

The response to these national needs lies in human rights - a human rights approach to our present and future. The importance of the rights-based approach cannot be overstated if we are to continue to see ourselves as an affluent and caring society.

The rights-based approach has significant practical effects. It affects the way we select our priorities, ensuring emphasis on those matters that touch upon the fundamental entitlements of people rather than matters of lesser importance and greater discretion. It also affects how we go about our work, requiring us to work with people on the basis of mutual respect, recognising the inherent dignity of each person that entitles him or her to make the important decisions in life. It challenges us to ensure the participation of the recipients of services in service planning, development, delivery and evaluation.

Perhaps most of all a rights-based approach will require true compassion. By compassion I mean the radical sense of oneness of all humanity that flows from close identification with each other. Compassion has the capacity to unite us as a people and to produce good relationships among us all. Compassion is central to all the religious traditions that make up our diverse society. If you ask how we can start upon a rights-based approach to human need I say start with compassion.

Protecting and promoting human rights

Legal protection of rights is not enough to ensure that human rights are respected but it is an essential component. Significant gaps remain in our extensive legislative framework -- even in anti-discrimination legislation. New South Wales law does not protect against discrimination based on religion or belief. Western Australian law does not protect against discrimination based on sexual orientation. Federally, there is no adequate protection against discrimination other than on the grounds of race, disability, sex and marital status. That leaves out discrimination based on religion, sexual orientation, age and many other grounds of unacceptable discrimination. The most critical gap in Australian law is the absence of any form of a Bill of Rights. That absence leaves Australians ultimately unprotected against legislative and executive actions that infringes basic rights.

Beyond law there is a need for information and education. People need to know the facts about human rights and human rights violations. So much of the public perception of social issues in Australia is based on ignorance or, even worse, misinformation, deliberately induced misunderstanding or prejudice. This needs to be corrected so that people know the truth. Associated with information must be education - the development of ideas and values that are truly human in their orientation.

Most importantly, we need a culture that affirms human rights, that sees respect for people as the highest value we share. Building a culture of human rights is difficult. It requires the transformation of society at all levels, new ways of thinking and acting. That is what I saw the High Court as attempting in a small way in its decision in the Teoh case. No sooner had the High Court delivered this judgement than the then Labor Government sought to overturn it by executive decree and legislation. The present Coalition Government has followed the same line. So there is still a long distance to travel before we can be satisfied that our culture is truly one that protects and promotes the human rights of all people.

Conclusion

Australia's human rights record is far from perfect. Addressing the erosion of human rights in recent years requires leadership and commitment from all sections of the community. There is no room for complacency. We must remember what human rights is ultimately all about. It is about real people with real problems, people who are hurting, who are longing for a sense of dignity and self-respect and who dream of being able to participate in society on an equal basis with other human beings. The challenge for all of us today lies in hearing that call and acting upon it.

Chris Sidoti was Human Rights Commissioner from August 1995 to August 2000. This is part of the address he gave during the United Nations Association of Australia Annual Conference in Sydney on 7 August 1999.