From dehumanisation
to demonisation: the MV Tampa and the denial of humanity
by Philip Lynch and Paula O'Brien
This article examines the legal and political responses to the public interest case of the MV Tampa asylum seekers. It analyses the Federal Court's consideration of habeas corpus and the executive power to detain and expel aliens. The authors argue that the government sought to dehumanise the asylum seekers, and consider the role of lawyers in humanising the oppressed..
From
'reluctance' to 'exceptionalism': The Australian approach to domestic implementation
of human rights
by Dianne Otto
This article examines the Australian government's recent criticisms of the international human rights treaty committee system. It suggests that the government's views express 'exceptionalist' aspirations that run the risk of aligning it with those who argue against the universality of the present system - either because they consider that the system should treat democratic states differently to undemocratic states, or because cultural, historical and religious diversities preclude the possibility of universal norms. The article argues that the effect is to divert attention from Australia's own poor record of implementing its international human rights obligations and urges more creative responses from rights advocates.
Don't jail
the ferryman:The sentencing of Indonesian 'people movers'
by Jonathon Hunyor
This article examines what offences involving boat arrivals from Indonesia entail, and distinguishes them from other forms of illegal migration. The sentencing process, in particular the role of general deterrence, is analysed, and it is suggested that if sentences are able to deter others from participating in these particular enterprises, this is not likely to reduce unlawful arrivals to Australia. Rather it is more likely to result in a change in the way in which entry is achieved -- through greater sophistication and subjecting passengers to greater danger. The relevance in sentencing of Australia's obligations under the Refugees Convention is also considered. It remains a contradiction that, pursuant to the terms of the Convention, it is not an offence for asylum seekers to come to Australia without authority, but it is an offence to assist someone to do so.
Towards justice
and reconciliation in East Timor
by Victoria Coakley
On 30 August 2001, the anniversary of the popular consultation in East Timor in 1999, more than 90% of eligible voters took part in a peaceful ballot electing a Constituent Assembly of 88 seats. Unsurprisingly, the Revolutionary Front for an Independent East Timor (FRETILIN), the party that for 24 years led East Timor's struggle for independence, won the country's first democratic election. The East Timorese have sacrificed much for their right to govern themselves. Of the many challenges now facing the new government of East Timor is the continued pursuit to prosecute those responsible for the violence in 1999, and the fostering of reconciliation among East Timorese in order to rebuild a just and decent society. This article discusses the context for the pursuit of justice and reconciliation in East Timor.
Two
steps forward, one big step back: Tasmania's new forensic procedures law and
young people
by Robert Johnson
Like all other Australian jurisdictions except (to-date) Western Australia, Tasmania has adopted legislation to enable the performance of forensic procedures on (taking of DNA from) people suspected of, charged with or guilty of committing a serious offence. This largely follows the development of a national Model Code. The author examines the Tasmanian Forensic Procedures Act 2000 against that Code and other Australian jurisdictions, with particular respect to the treatment of young suspects. He concludes that the Tasmanian Act falls well below the standards and provisions of the Code and of all other parallel legislation (including that of the Northern Territory), raises serious concerns about the rights of young people within the juvenile justice system, threatens the integrity of Australia's extension of forensic procedures into the criminal justice system, and seems to jeopardise Australia's compliance with the provisions of the UN Convention on the Rights of the Child.
Asylum seekers
in prison
by Liz Curran
The issues discussed in this article are designed to raise awareness about asylum seekers and refugees detained in a prison without being charged with a criminal offence and without the benefit of review that Australian citizens are accorded. Non-citizens are only afforded limited protections under the Constitution..
The police
and Indigenous juveniles in Victoria
by Greg Gardiner
This article presents and analyses data on arrest rates and over-representation for arrests in Victoria's Indigenous community, with a particular emphasis on Indigenous youth. It shows that the rate of arrest of Indigenous youths in Victoria is extremely high, fast approaching an average of one in five of the Indigenous male juvenile community. Indigenous juvenile offenders in Victoria are almost twice as likely to be arrested by police rather than cautioned in comparison to non-Indigenous juvenile offenders, and their high arrest rates provide the springboard for the extraordinary rates of arrest experienced by Indigenous men in Victoria.
Constitutional
Law: Bills of rights back on the agenda
by Paul Kildea
This brief describes recent developments in the Australian Bill of Rights debate. The author outlines three recent public pronouncements on the issue: the Bill or Charter of Rights policy put forward by the ACT Labor party in the lead-up to the ACT October election; federal Shadow Attorney-General Robert McClelland's public statements in support of a Bill of Rights; and New South Wales Premier Bob Carr's opposition to such an instrument. The author suggests that the debate may be entering a new stage.
The Environment:
Sweet RFA
by Jill Redwood
Regional Forest Agreements are certainly not halting the destruction of Australia's forests. This brief describes the history of RFAs and what has happened to forests since they were introduced. In particular it examines the East Gippsland Regional Forest Agreement signed in February 1997.
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