Human Rights 2011

The Annual Castan Centre for Human Rights Law Conference

Friday 22 July 2011
Spring Street Conference Centre
1 Spring Street, Melbourne

Session 1: 9.15am to 10.15am

Mr Michael Thurston
The United States Consul General in Melbourne

Paper 'Corporate Social Responsibility and the Right to Connect (to websites, to the internet and to each other)'
Audio recording available here
(To listen to this recording using Mediaplayer you will need to download the plug-in)

Abstract: U.S. Consul General Michael Thurston will discuss the importance the U.S. Government assigns to promoting global corporate social responsibility and internet freedom, the growing interconnectedness of the two issues, and concrete efforts by the U.S. State Department and partner organizations to achieve those objectives.

The U.S. Government views socially responsible, sustainable companies as global ambassadors both to other people and to their governments. More people will do business with American companies and use American products than will ever meet an American diplomat, a development worker, or a soldier. Sustainable business practices also advance common goals of stability, security, opportunity and promoting human rights, while unsustainable ones create instability, lead to abuses, and increase the number of people who require aid.

The U.S. Government has also identified the defense of a free, open, and interconnected Internet as a key U.S. foreign policy priority. The Internet and other digital technologies enable an unprecedented level of communication and connection among individuals. They empower people across the world with the tools to share ideas and information as never before. Yet just as people use these technologies to express themselves and advance freedom worldwide, numerous governments seek to deny the rights they enable. Repressive regimes are censoring search results, jailing journalists and activists, and imposing laws that restrict online discourse and access to information.

As with many other trans-national issues, advancing Internet freedom is a challenge that governments cannot tackle alone. The U.S. State Department supports efforts by Internet-related companies to promote free expression on the Internet, such as the Global Network Initiative, and it will be essential to continue and intensify the concerted efforts of government, the private sector, and civil society to defend an interconnected and open Internet and harness the power of these technologies to advance freedom and progress worldwide.

Bio: Michael Thurston arrived in Melbourne in September 2008 to serve as the Principal Officer at the U.S. Consulate General. From September 2007 to September 2008 he was the Team Leader of the Diyala South Embedded Provincial Reconstruction Team in Diyala Province, Iraq. Prior to this he served in Rwanda, South Africa, Ethiopia, New Zealand, Washington DC, Sri Lanka and Mexico City.

Mr. Thurston is a graduate of the University of Washington in Seattle, as well as the University Of Washington School Of Law. He worked as a Deputy Prosecuting Attorney for King County in Seattle for more than five years before joining the Foreign Service in 1988.

Session 2:  10.45am to 12pm

Dr Megan Davis
Director of the Indigenous Law Centre at the University of New South Wales and member of the United Nations Permanent Forum on Indigenous Issues.

'Recognising Aboriginal and Torres Strait Islander People in the Constitution'
Audio recording available here
(To listen to this recording using Mediaplayer you will need to download the plug-in)

Abstract: The federal government has established a process by which to gauge the level of support in the community for constitutional recognition of Aboriginal and Torres Strait Islander peoples. This paper will explain the work of the Expert Panel, some of the most commonly suggested options for recognition and identify the main obstacles or challenges to a successful referendum.

Bio: Dr Megan Davis is Director of the Indigenous Law Centre and Professor in the Faculty of Law, UNSW. Megan is also an Acting Commissioner of the NSW Land and Environment Court and an Expert Member of the United Nations Permanent Forum on Indigenous Issues based in New York.

Mr Rex Wild QC
Barrister and co-author of the Little Children are Sacred report into child abuse in the Northern Territory

Paper 'Intervention, Interference or Invasion? Dealing with Indigenous rights in the Northern Territory, 2007-2011'
Audio recording available here
(To listen to this recording using Mediaplayer you will need to download the plug-in)

Abstract: The immediate catalyst for the 2007 intervention, by whatever name, was the public release of The Little Children are Sacred report. Within a week, the Australian Government had moved into the NT. It renamed aboriginal child sexual abuse, in the Report said to be an issue of national significance, as an Emergency. It ignored the remainder of the first recommendation [and many of the others, of which there were 97], which emphasized the critical need for genuine consultation between governments and aboriginal people. The time for talking is over was the justification for the speed and non-consultative nature of the takeover.

Indigenous communities, on the contrary, wanted shared solutions arrived at by cooperation, not by edicts delivered from remote politicians and bureaucrats. Time and time again, this method of long-distance control has failed.

Four years later, the major gain for all Australian indigenous communities is probably the increased national awareness of the problems; but the bitterness engendered by the dictatorial nature of the precipitous actions remain.

What are the future prospects for the wellbeing of the indigenous people of Australia? In Human Rights terms, they remain conjectural. The current Labor government has maintained the discriminatory effects and policies of its predecessor. At a time when Reconciliation is high on the agenda, it is odd that racial discrimination is at its highest.

Indigenous people continue to voice their disapproval of the manner in which their employment, land and pension rights have been disturbed. The tying of pension spending to school attendance continues to rankle, when no other section of the community is similarly discriminated against.

The so-called Closing the Gap criteria has produced marginal results at best. The two most important issues [alcohol consumption and education-admittedly very difficult areas] remain unresolved. Until and unless they are, then all the rhetoric, money spent and interference will not enable the current generation [or the next] to live satisfactorily in an Australian context.

Bio: Rex Wild was admitted to practice in Victoria in 1968. He was a member of the Victoria Bar from 1978-1993. He was appointed a Queen's Counsel in 1991.

Mr Wild was appointed Director of Public Prosecutions in the Northern Territory from October 1995 until January 2006. He remains a member of the NT Bar.

Mr Wild was co-chair of the Northern Territory Government's Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse which reported in April 2007. (Little Children are Sacred).

Session 3:  1pm to 2.15pm

Professor Tim McCormack
Professor of Law at the Melbourne Law School and the Special Adviser on International Humanitarian Law to the prosecutor of the International Criminal Court in The Hague

Paper 'The International Criminal Court and the Importance of Effective Multilateral Enforcement of International Humanitarian Law'
Audio recording available here
(To listen to this recording using Mediaplayer you will need to download the plug-in)

Abstract: A popular view of International Humanitarian Law is that it is honored more in the breach than in its observance and that there are no consequences for those who violate the law. The proliferation of international criminal courts and tribunals including the International Criminal Court, is a serious attempt at redressing impunity for atrocity. Professor McCormack will provide an overview of the Court's current caseload and discuss the prospects for the Court's potential to increase respect for International Humanitarian Law.

Bio: Tim McCormack is a Professor of Law at Melbourne Law School and the Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court in The Hague. He was Foundation Australian Red Cross Professor of International Humanitarian Law (1996-2010) and Foundation Director of the Asia Pacific Centre for Military Law (2001-2010) at the Melbourne Law School. Professor McCormack acted as amicus curiae on international law matters for the trial of Slobodan Milosevic at the International Criminal Tribunal for the Former Yugoslavia in The Hague (2002-06) and provided expert law of war advice to Major Mori in the defence of David Hicks in proceedings before the US Military Commission (2003-07).

Brigadier Lyn McDade
Director of Military Prosecutions for the Australian Defence Force

Paper 'Military justice and human rights'
Audio recording available here
(To listen to this recording using Mediaplayer you will need to download the plug-in)

Abstract: The presentation will briefly outline the history and statutory framework of Military Justice in Australia, and discuss how it operates within the ADF, with particular emphasis on the rights and protections provided to service members.

Bio: Brigadier McDade is the first Australian Director of Military Prosecutions since the position was established as a statutory appointment under the Defence Force Discipline Act 1982.

Brigadier McDade graduated in Law from the University of Adelaide in 1980. She was admitted as a barrister and solicitor of the Supreme Court of South Australia in December 1980, and to the register of practitioners of the High Court of Australia in 1981. She is also admitted to practise in the Supreme Courts of New South Wales and the Northern Territory.

Brigadier McDade was first commissioned in 1983 to the General Reserve of the Australian Army Legal Corps. She transferred to the Australian Regular Army in 1986.

Her military career has included postings as a legal officer working with Headquarters 3rd Brigade and as the Army's Chief Legal Officer for the State of South Australia. From 1991 Brigadier McDade was posted to Darwin as the Army's Chief Legal Officer for the Northern Territory.

In 1995 Brigadier McDade re-transferred from the Australian Regular Army to the Army Reserve and remained a civilian legal practitioner in Darwin.

During her time in Darwin Brigadier McDade worked as a prosecutor in the criminal courts of the Northern Territory, was appointed as the Deputy Coroner and held Executive Director positions in the Department of Justice. From 2003 to 2006 she practised as a barrister-at-law specialising in criminal law, coronial inquiries and administrative law.

While working as a civilian practitioner, Brigadier McDade maintained active links with the Australian Defence Force. She continued to parade as a Reserve legal officer participating in summary hearings, courts martial and trials by Defence Force magistrates. Up until her current appointment she was the Panel Leader for the Australian Defence Force legal Reserve in the Northern Territory.

Brigadier McDade was appointed and sworn as the Director of Military Prosecutions on 10 July 2006.

Brigadier McDade has two sons.

Session 4:  2.45pm to 4.30pm

Due to technical problems we were unable to audio record this session. However, video footage will be available here soon.

Professor Samina Yasmeen
Director of the Centre for Muslim States and Societies at the University of Western Australia.

'Islamophobia and Multicultural Australia'

Abstract: The term Islamophobia entered the Australian lexicon nearly a decade after it was introduced in the United Kingdom. Some analysts have raised concern about the prevalence of anti-Muslim feelings among members of the wider community. This paper analyses the reasons for these views with reference to the debates surrounding Australia's multicultural identity. It analyses the reactions to the announcement of a new national multicultural policy, The People of Australia by the Minister of Immigration, Chris Bowen, in February 2011. Drawing upon the debates on social inclusion and the status of Muslims in Australia that resurfaced following the announcement, it explores the prevalence of, and explanations for, Islamophobia in Australia. It argues that the agency of media and political interests needs to be recognized as promoting or at least sustaining the presence of anti-Muslim feelings. However, it argues that the responsibility also lies with Muslim minorities living in the West in general, and particularly Australia, for contributing to what is being termed as Islamophobia: the level of interaction with the wider community within the space of citizenship on part of Muslims also needs to increase if the wider community is to become aware of the differences between their assumptions and the reality of Muslim presence in Australia.

Bio: Professor Samina Yasmeen is Director of Centre for Muslim States and Societies and lectures in Political Science and International Relations in the School of Social and Cultural Studies, the University of Western Australia (UWA), Perth. She is a specialist in political, and strategic developments in South Asia (particularly Pakistan), the role of Islam in world politics, and citizenship among immigrant women. She is the author of Understanding Muslim Identities: From Perceived Relative Exclusion to Inclusion (2008). The research was part of the National Action Plan. She also conducted a large scale study on the Settlement Needs of Muslims living in Perth Metropolitan Area in the 1990s. Her research on social inclusion and exclusion dynamics focus primarily on Muslim women and citizenship in Australia.

As a specialist on politico-strategic developments in South Asia, Professor Yasmeen has focused on the role of Islamisation in Pakistan's domestic and foreign policy. Her current research focuses on the role of Islamic militant groups, their prescriptions for social and political structures for Muslim states, and the implications of these ideas for Pakistan's stability and foreign policy. She has conducted research on groups including Lashkar-e-Toiba (LeT) and Jaish Mohammad.

Professor Yasmeen is a member of Australian Multicultural Advisory Council (AMAC), member of the Council for Immigration Services and Status Resolution (CISSR), and the National Australia Day Council. She also serves on the Board of the Australian Strategic Policy Institute (ASPI). She was a member of the National Consultative Committee of International Security Issues between 2005 - 2008 (appointed by the Minister for Foreign Affairs). She works closely with the West Australian Government on issues affecting Muslims. She is a Vice-President of the Australian Institute for International Affairs (WA Branch) and a member of the Red Cross WA International Humanitarian Law Committee.

She is the editor of Muslims in Australia: the dynamics of inclusion and exclusion (2010) and the co-editor of Islam and the West: Reflections from Australia (2005) and has written numerous articles and given lectures on Islam and Muslims in Australia, developments in Pakistan and transnational Islam. She is a regular commentator on issues relating to Islam and Muslims in national and international media.

Dr Alex Wodak AM
President of Australian Drug Law Reform Foundation and Director of the Alcohol and Drug Service at St Vincent's Hospital in Sydney.

'A Human Rights Approach to Drugs'

Abstract: The global prohibition of drugs began slowly in the early 20th Century. After the end of World War II, drug prohibition became established as part of the United Nations system with three international treaties and an array of organisations responsible for the development, implementation and monitoring of drug policy. The Declaration of a War Against Drugs by President Nixon was very effective politically but failed comprehensively as a policy. Politicians in many other countries emulated the political strategy that had worked so well in the USA. The recognition of the new epidemic of AIDS in 1981 and the critical role of HIV spread among and from people who inject drugs prompted a reconsideration of the costs and benefits of a drug policy heavily reliant on law enforcement. In the last two decades it has become clear to many that drug consumption and problems increased the more global drug prohibition was intensified. Severe unintended costs of an approach dominated by the criminal justice system have included flagrant violations of the human rights of people who use drugs and major difficulty controlling HIV among and from people who inject drugs. Public health practitioners recognised that HIV control was not possible without protecting the human rights of vulnerable groups at great risk of HIV: moreover these rights could not be safeguarded for people who use drugs without major drug law reform. In the last few years, support for major drug law reform has increased substantially in many countries. This process will take decades but offers many benefits including improved outcomes for public health and human rights.

Bio: Dr Alex Wodak has been Director of the Alcohol and Drug Service, St. Vincent's Hospital, Sydney, since 1982. He has a major interest in prevention of HIV among injecting drug users and drug policy reform. Dr. Wodak is President of the Australian Drug Law Reform Foundation and was President of the International Harm Reduction Association 1996-2004. He helped establish the first needle syringe programme and the first medically supervised injecting centre in Australia (when both were pre-legal) and often works in developing countries on HIV control among injecting drug users.

Dr Charlie Corke
Senior Specialist in the Intensive Care Unit at Geelong Hospital, author of the book Saving Lives and subject of the recent documentary In the End.

'Avoiding dysthanasia - not striving for euthanasia'

Abstract: Euthanasia is controversial and difficult to implement. Even where legal few use this legislation to end their lives. Meanwhile awful deaths happen every day through overzealous use of aggressive treatment and life support. Effective legislation exists but is poorly understood, infrequently used and has been little promoted. There is great opportunity for many people to experience a better death through use of the Medical Treatment Act.

Bio: Charlie Corke is Senior Intensive Care Specialist and past director of Intensive Care at Barwon Health. He is a board member and examiner for the College of Intensive Care Medicine. He has a background in psychology and is actively interested in the process of medical decision making.
 

 

 

 

Conference Bag Sponsor

 

 

Lunch Sponsor

 

 

Sponsor

 

 

Supporters