Alternative Law Journal

Who Cares About Human Rights?

Given the recent controversy about Australia's participation in international human rights and the focus on Australia since the Olympics, the latest provocative edition of the Alternative Law Journal covers a timely theme. Justice Michael Kirby makes such a comparison in the 'Opinion'.

Maria O'Sullivan discusses the role of human rights institutions, their criticisms and suggested reforms. She finds that the context must be correct, and, if this occurs, human rights institutions can be powerful tools.

Former Senior Crown Counsel to the Northern Territory, Graham Nicholson examines the history of our constitution from a race perspective in his article 'A Racist Constitution for a Nation: A Nation of Racists?' Nicholson asks: 'how Australia as a nation can countenance a situation in the 21st century where its supreme domestic legal document, the Constitution, is designed to promote a system of racial discrimination, a position that constitutionally remains basically unchanged in Australia to this day, when Australia as a nation has voluntarily assumed international law obligations of a binding and permanent nature as to the prohibition on racial discrimination?'

Looking forward and looking back, Ken Brown explores the possibilities of and obstacles to the use of indigenous courts in the Australian legal system. Brown discusses early proposals and says 'previous experiments in setting up indigenous adjudication bodies have been sporadic, makeshift and piecemeal … cognition of indigenous law without recognition of relevant indigenous institutions is fatally flawed in theory and gives rise to practical problems for applying custom’.

Jonathon Hunyor analyses recent changes to the Migration Act and the associated case law to illustrate Australia’s avoidance approach to refugees which he argues is ‘counter to the purpose and the spirit of the Refugee Convention’.

An even more basic right, and one regularly denied is the ability of an accused and a witness to access an interpreter. Helena Blundell concludes: 'it seems that the adherence to basic human rights standards is reasonable for everyone else, but should not be applied to Australia's treatment of its Indigenous people, that's different.'

Also:

• On the Pacific: Jenny Corrin Care provides an update on constitutional developments in Fiji.
• In Bul Gul: Stephen Gray examines a recent case where native title rights provided a defence to fishing without a licence.
• On women in prison: Emma Coupland raises concerns about the rapidly rising incarceration rate of women in the Northern Territory and its causes.
• In the classroom: Mary Anne Kenny and Anna Copeland discuss the methodology used in teaching law students about social justice.