A new blueprint for reducing Aboriginal imprisonment rates and building stronger, safer communities

The rapidly increasing over-representation of Aboriginal and Torres Strait Islander peoples caught up in the criminal justice system is one of the most significant human rights issues in Australia. Today, the Human Rights Law Centre has joined with other leading Aboriginal and Torres Strait Islander, community and human rights organisations to launch a ground-breaking blueprint for reversing the tide by focusing on building communities instead of prisons, and developing smarter criminal justice solutions.

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UN informed of Australia’s secretive return of Vietnamese asylum seekers

The Australian Government has secretly returned 46 asylum seekers to Vietnam without any transparency or due process. Late on Friday 17 April, when news first broke that the asylum seekers were in Australian custody somewhere on the high seas, the Human Rights Law Centre sent a an urgent communication to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

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We need to talk - the kids are not alright

Australians don’t talk about self-harm, they don’t know much about self-harm, and they often don't realise it is the leading cause of death amongst 15-24 year olds in this country. The 2014 Children’s Rights Report seeks to change this by recommending a National Research Agenda on self-harm. This will help us find out more information to better understand the problem and develop solutions, which is a push in the right direction for Australia.

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UN Report a reminder that Australia’s youth justice practices are failing to meet international standards

At the most recent United Nations Human Rights Council in March, the UN’s Special Rapporteur on Torture tabled a report outlining the current international benchmarks expected of countries when it comes to detaining children in criminal and civil contexts. The HRLC’s Senior Lawyer, Ruth Barson, said the report is a reminder that Australia needs to change its youth justice policies in order to meet international standards.

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A coffee with…John Tobin

John Tobin is a Professor in the Melbourne Law School at the University of Melbourne. In 2011 he was awarded a national citation for outstanding contribution to student learning in the area of human rights, and is currently working with Professor Philip Alston from NYU on a comprehensive commentary on the Convention on the Rights of the Child. Editor at large of Right Now, Andre Dao, recently caught up for a chat.

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Nearly 200 organisations outline concern for UN over Australia’s declining human rights performance

Australia’s steadily deteriorating human rights performance has been highlighted in a major report compiled by nearly 200 organisations around Australia. It will be presented to the United Nation’s peak human rights body in the lead up to a major review of Australia that takes place every four years.

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A coffee with… Samah Hadid

Samah Hadid is an international human rights and social justice campaigner, as well as an advocacy specialist. Most recently she was the Australia Director for The Global Poverty Project. She has previously completed a fellowship with the UN Office of the High Commissioner for Human Rights and selected as the Australian Youth Representative to the UN in 2010. Editor at large of Right Now, Andre Dao, recently caught up for a chat.

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MichelleBennettOther
Australia’s counter-terrorism and migration laws unjustifiably interfere with our rights and freedoms

Australia’s counter-terrorism and migration laws unnecessarily and disproportionately interfere with fundamental rights and freedoms and ought to be repealed, the Human Rights Law Centre has said in a submission to the Australian Law Reform Commission’s (ALRC) inquiry into “Traditional Rights and Freedoms”.

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Attacks on human rights watchdog are dangerous for human rights and for democracy

Confirmation that the Attorney-General sought the resignation of the President of the Australian Human Rights Commission reveals the depths of the Government’s willingness to undermine Australia’s independent human rights watchdog, said the Human Rights Law Centre. “This is a blatant political attack to punish the Commission for doing its job reporting on the harm being inflicted on children in detention,” said the HRLC’s Executive Director, Hugh de Kretser. Read More

A coffee with… Graeme Innes

Graeme Innes AM is a lawyer, mediator and company director. He was a Commissioner at the Australian Human Rights Commission for nearly ten years, responsible for issues relating to disability, race and human rights. Editor at large of Right Now and HRLC volunteer, Andre Dao, recently had a quick chat with him about what he’s been up to.

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MichelleBennettOther
Damning evidence of serious child harm in detention

Sector leaders have called for a bipartisan commitment to permanently end the policy of mandatory and indefinite detention of asylum seeker children and families following the release of the Australian Human Rights Commission inquiry report. Our joint media release with Child Rights International, UNICEF Australia, Save the Children Australia, Plan International Australia and others...

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Need to strengthen and streamline the UN human rights treaty monitoring system

The Human Rights Law Centre’s director of advocacy and research, Emily Howie, is in the UK attending a Wilton Park meeting on strengthening the UN human rights treaty monitoring system. The meeting brings together representatives from government, civil society, the UN system and national human rights systems to discuss ways to improve states’ compliance with their international human rights law obligations and their implementation of the recommendations and views of UN bodies.

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Joint statement with Human Rights Watch and Amnesty International calling on Australia to stop forced-returns without proper screening

The Australian government should cease forced returns of Sri Lankan asylum seekers until they are provided fair, thorough, and transparent processing of their protection claims, Amnesty International, the Human Rights Law Centre, and Human Rights Watch said today. On November 29, 2014, Australian authorities turned over to Sri Lankan authorities a boat carrying 37 asylum seekers.

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Australia must take action to improve its compliance with Convention Against Torture and Ill-Treatment, says UN Committee

The United Nations Committee Against Torture has overnight condemned Australia’s asylum seeker policies and expressed serious concerns at the rates of violence against women and indigenous imprisonment.

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New migration Bill would allow Government to breach international law and sideline the courts say leading human rights organisations

Proposed changes to migration laws would widen the Immigration Minister’s power, marginalise international law and wind back the ability of Australian courts to scrutinise the Government’s treatment of asylum seekers, leading human rights organisations will tell the Senate’s Legal and Constitutional Affairs Legislation Committee today.

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Rights groups welcome the passing of laws in NSW to erase left-over criminal convictions from old and unjust gay sex laws

Rights groups today welcomed the passage of the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014 through the NSW Parliament. Commenting on the significance of the announcement, NSW GLRL Convenor, Justin Koonin said that members of his community had been waiting a very long time for justice.

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Torture and cruel treatment: 77 organisations slam Australia’s declining standards

Seventy seven organisations have united to warn that Australia’s standards are sliding when it comes to the prevention of torture and cruel treatment.

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Extraordinary changes to counter-terrorism laws encroach on fundamental human rights

The most significant changes to Australia’s counter-terrorism laws in over a decade proposed under the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 are extraordinary in nature and encroach on fundamental human rights, the Human Rights Law Centre has said in a submission to the Parliamentary Joint Committee on Intelligence and Security on its review of the Bill.

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Joint Statement: Berrimah Prison is not good enough for Territory’s most vulnerable kids

The HRLC is one of twelve organisations to sign a joint statement calling on the Northern Territory Government to rethink their proposal to lock up young people in a run-down jail, deemed unfit for adults. The Northern Territory is one of the only jurisdictions in Australia to have increasing youth detention rates. Almost all of the young people in detention in the Northern Territory are Aboriginal, and many come from disadvantaged backgrounds including being exposed to drug and alcohol misuse, violence, and neglect.

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MichelleBennett
Top UN human rights body condemns violence and discrimination on the basis of sexual orientation and gender identity

The United Nations Human Rights Council has adopted a landmark resolution on combating violence and discrimination based on sexual orientation and gender identity. The HRLC’s Directory of Advocacy, Anna Brown, was present in Geneva and worked together with advocates on the passage of resolution.

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It's time: UN to debate landmark resolution to protect sexual minorities

The United Nations Human Rights Council is set to vote on an historic resolution tackling violence and discrimination against sexual minorities. The HRLC's Directory of Advocacy, Anna Brown, is present in Geneva and delivered a statement to the Council calling on the international community to support a resolution condemning violence and discrimination against lesbian, gay, bisexual and transgender people.

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NGOs speak out about the need for adequate compensation and investigation of police misconduct

The Human Rights Law Centre has joined with 12 other NGOs to urgently call for greater accountability for police misconduct in Victoria in the wake of a UN Human Rights Committee finding in favour of Ms Corinna Horvath who was brutally assaulted by police in 1996 and is yet to receive adequate compensation for her injuries.

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Urgent UN intervention sought on missing Sri Lankan asylum seekers

The HRLC last night sent a request for urgent action to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The request relates to two groups of Sri Lankan asylum seekers, including at least 37 children, who were reportedly travelling to Australia to claim protection but have not been heard from for four days after reportedly being intercepted by Australian authorities.

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Serious concerns raised over Australia’s human rights record at UN in lead up to next year's review

The HRLC’s Director of Advocacy and Strategic Litigation, Anna Brown, said Australia was failing to live up to a number of the promises it made three years ago when its human rights record came under scrutiny during its regular review by its peers at the UN – a process known as the Universal Periodic Review.

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Fundraising Auction 2014

It’s that time of year again when we gather an eclectic collection of goods, services and experiences for our Fundraising Auctions to be held at the Annual Human Rights Dinners that we host with Justice Connect – this year in Melbourne on 13 June and in Sydney on 20 June.

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Introducing Ruth Barson

The HRLC is delighted to announce the appointment of Ruth Barson as a Senior Lawyer. Ruth has joined us from the Centre for Innovative Justice, and prior to that has worked at Victoria Legal Aid as well as various Aboriginal legal services in the Northern Territory and Western Australia.

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Julie Bishop’s unprincipled position on Sri Lanka war crimes investigation puts Australia at odds with allies

In an extremely unprincipled foreign policy decisions, Australia’s Foreign Minister, Julie Bishop, has aligned Australia with countries known for their obstructionist approach at the UN with her comments expressing disappointment with the UN Human Rights Council’s decision to initiate an independent investigations into war crimes and human rights abuses in Sri Lanka.

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Foreign Minister to arrive in Geneva as Australia is urged to publicly support a UN inquiry into Sri Lankan war crimes and crimes against humanity

Australia has one last opportunity this week to publicly support a US-led initiative at the United Nations to end impunity for war crimes and crimes against humanity committed during the final phases of Sri Lanka’s civil war in 2009.

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News in brief - Human rights in the headlines

A new report highlights various ways in which Australia's co-operation with Sri Lanka’s military puts asylum seekers at risk. The report includes a DFAT cable obtained under Freedom of Information laws that reveals the Australia Federal Police declined to interview a man claiming to have been severely tortured after being sent back to Sri Lanka by Australia.

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Council can act on fertility control clinic protest without new move on laws

The Human Rights Law Centre today rejected comments by Lord Mayor Robert Doyle who claimed the Melbourne City Council felt “impotent” to act against anti-abortion protestors who for decades have beset the East Melbourne Fertility Control Clinic. Cr Doyle welcomed new laws allowing police to move on protesters and said they would help remove the protestors from the front of the clinic.

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High Commissioner for Human Rights puts Australia’s asylum seeker policies in UN’s sights

Australia must review its offshore processing arrangements with PNG and Nauru to ensure the basic rights of asylum seekers are being respected, says the United Nations High Commissioner for Human Rights, Navi Pillay. Ms Pillay has released the opening statement on her 2013 Annual Report, discussing issues of worldwide human rights concern.

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States must address age and disability when combatting gender discrimination under CEDAW

R. P. B. v the Philippines, Committee on the Elimination of Discrimination against Women, Views: Communication No 34/2011, 57th sess, UN Doc CEDAW/C/57/D/34/2011 (23 May 2011)

The Committee on the Elimination of Discrimination against Women has found that the Philippines breached the rights of a mute and hearing impaired girl to non-discrimination under the Convention on the Elimination of Discrimination against Women (CEDAW), in the investigation and trial of her alleged rape. The Philippines had, in investigating the crime and in the trial, failed to provide a free interpreter and had used stereotypes and gender-based myths, disregarding the victim’s specific situation as a girl who is both mute and hearing impaired. The Committee noted that the obligations of the State include the obligation to consider the specific situation of the complainant, being her age and disability.

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Inquiry into government access to internet and phone data announced

On 12 December the Senate announced an inquiry into the Telecommunications (Interception and Access) Act 1979. The Act, among other things, allows for the interception and access of telecommunications data by Government agencies in certain circumstances. In some cases this means access by local governments and agencies to your personal data without a warrant, or indeed any judicial oversight

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MichelleBennettPrivacy
Children given right to bring complaints before UN Committee

A new complaints mechanism under the UN Convention on Rights of Child is about to take effect. On 14 January 2014, Costa Rica became the tenth state to ratify the Third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, meaning that three months’ time, on 14 April 2014, the complaints mechanism will come into force.

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Rising to the Challenge: Australia’s contribution to the 12th Assembly of States Parties to the Rome Statute of the International Criminal Court

From 20-28 November 2013, Australia joined 121 other States Parties, members of civil society and other stakeholders in The Hague for the 12th annual Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC). As the governing and legislative body of the ICC, the ASP discusses and decides on issues central to the Court's operations. The main topics of debate set for the 12th session were cooperation and the impact of the Rome Statute system on victims; however, at the request of the African Union, a special segment was held on the indictment of sitting heads of State and government and its consequences for peace, stability, and reconciliation.

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New Victorian move-on powers unreasonably limit free speech and protest rights

Proposed new ‘move-on’ powers for police in Victoria will unreasonably limit human rights and are susceptible to misuse. The Human Rights Law Centre’s Executive Director, Hugh de Kretser, said protest rights and free speech are particularly threatened, but the proposed laws may also have an impact on young people and the homeless.

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Inquiry into NSW racial vilification laws: Final Report tabled

The Parliamentary Committee that conducted an inquiry into NSW racial vilification laws tabled its Final Report on 3 December 2013. The Law and Justice Committee of the NSW Legislative Council was charged with a review of section 20D of the Anti-Discrimination Act 1977 (NSW), which sets out the criminal offence for serious racial vilification. The Human Rights Law Centre made a submission to the inquiry earlier this year.

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Voter ID laws introduced in Queensland

On 21 November 2013 Queensland’s Attorney-General, Jarrod Bleijie, introduced the Electoral Reform Amendment Bill into Queensland’s parliament. Among other things, the bill contains provisions to give effect to Queensland’s new policy in which voters in Queensland elections must show identification in order to be able to vote.

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Human Rights Week Challenge 2013

Thank you to all our supporters who generously donated to our Human Rights Week Challenge 2013.

Your support, and the matching donations of King & Wood Mallesons, Allens, Oak Foundation and our board members, raised over $100,000 toward vital human rights litigation, education and advocacy.

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Victoria Law Foundation funded HRLC research highlights importance of storytelling in human rights advocacy

A new report by the HRLC's Rachel Ball considers the benefits and challenges of storytelling in human rights and social justice advocacy. The report, ‘When I Tell My Story, I’m in Charge: Ethical and Effective Storytelling in Advocacy’, sets out a range of approaches, techniques and examples to inform community legal centres in their advocacy efforts for systemic change.

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Scanlon Foundation report on social cohesion

The report on the findings of the sixth Scanlon Foundation Mapping Social Cohesion Survey, conducted in 2013, has recently been published. This report builds on the knowledge gained through the five earlier Scanlon Foundation surveys conducted in 2007, 2009, 2010, 2011 and 2012. The Scanlon-Monash Index of Social Cohesion provides an overview in the five core domains of social cohesion: belonging, worth, social justice, participation, and acceptance and rejection.

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Amnesty International and Human Rights Watch reports on drone strikes

Amnesty International has recently released a report on US drone strikes in Pakistan. This report is not a comprehensive survey of US drone strikes in Pakistan; it is a qualitative assessment based on detailed field research into nine of the 45 reported strikes that occurred in Pakistan's North Waziristan tribal agency between January 2012 and August 2013 and a survey of publicly available information on all reported drone strikes in Pakistan over that period.

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MichelleBennettOther
The neglected genocide: Report on abuses in Papua 1977–1978 launched

The Asian Human Rights Commission and Human Rights and Peace for Papua launched a report on the human rights abuses that took place in the central highlands of Papua, Indonesia between 1977–1978.The report discusses violations under the Convention on the Prevention and Punishment of the Crime of Genocide and aims at truth-building. The report, which was concluded after three years of research by the AHRC, reveals the death of over 4,000 indigenous Papuans, including minors, as a result of operations conducted by the Indonesian military in the area.

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Expert Legal Opinion Gives Green Light for NSW Same-Sex Marriage

The Human Rights Law Centre and has made public the legal advice it obtained from Mr Bret Walker SC and Perry Herzfeld, on behalf of Australian Marriage Equality, that confirms that the NSW Same-Sex Marriage Bill would be constitutionally valid. The advice follows reports that the Bill will be introduced and debated in the NSW Upper House on October 31st.

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Australia should stand strong in support of the International Criminal Court at the UN Security Council

When Australia – one of the ICC’s strongest supporters – was elected to the Security Council for 2013 and 2014, Amnesty International and other supporters of international justice hoped that it would work to challenge many aspects of the Security Council’s approach writes Amnesty International's Legal Adviser, Jonathan O'Donohue.

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UK first country to launch comprehensive national action plan implementing the UN Guiding Principles on Business and Human Rights

On 4 September, the UK introduced a new national action plan entitled “Good Business: Implementing the UN Guiding Principles on Business and Human Rights”. The action plan is intended to help UK companies understand and manage human rights and to articulate the UK Government’s expectations about business behaviour, both in the UK and overseas.

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Ruling vindicates ‘Occupy Melbourne’ protesters but highlights lack of legal protections for free speech and protest rights

“Free speech is the cornerstone of democracy. Australian law must adequately protect essential democratic rights such as freedom of expression and the right to peaceful assembly. Whilst the decision is a mixed bag, it is an important vindication for the protestors who believed that the actions taken against them where arbitrary and unlawful," said Ms Brown.

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“Unspeakable atrocities” reported by the UN inquiry into human rights in the Democratic People’s Republic of Korea

The head of a UN-appointed inquiry into human rights in North Korea reported that testimony heard so far by his panel pointed to widespread and serious violations in every area it had been asked to investigate. “What we have seen and heard so far – the specificity, detail and shocking character of the personal testimony – appears without doubt to demand follow-up action by the world community, and accountability on the part of the Democratic People’s Republic of Korea,” Michael Kirby, chair of the UN Commission of Inquiry on Human Rights in the DPRK, said in an oral update to the Geneva-based UN Human Rights Council.

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Tasmanian Children’s Commissioner promotes smart alternatives to youth detention

Tasmania’s acting Commissioner for Children Elizabeth Daly has released the Alternatives to Secure Youth Detention in Tasmania report advocating for a justice reinvestment framework. The report calls for young offenders to be diverted away from the criminal justice system in compliance with the United Nations Convention on the Rights of the Child.

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Police shooting in Windsor highlights the need for independent investigation

The fatal shooting of a man last night in Windsor by a Victoria Police officer highlights the need for independent investigations into police-related deaths. The Human Rights Law Centre’s Director of Advocacy and Strategic Litigation, Anna Brown, said that the current practice of police investigating themselves undermined public confidence in police and breached international human rights guarantees.

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MichelleBennettPolice
UN finds Australia guilty of 143 violations of international law for indefinite detention of refugees

The UN Human Rights Committee has found that Australia’s indefinite detention of 46 recognised refugees (42 Tamils from Sri Lanka, three Rohingya from Myanmar and a Kuwaiti) held in immigration detention for over two and a half years on ‘security grounds’ was inflicting serious psychological harm and amounted to cruel, inhuman and degrading treatment contrary to article 7 of the ICCPR. 

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Farewell to Acting Commissioner Karen Toohey

Karen was farewelled by the Victorian human rights community in a function held at the Commission’s offices in Carlton in July. Staff, government representatives and community leaders alike spoke of her capacity for innovation and strategic thinking to achieve practical outcomes and positive change. Her leadership, drive and appetite for tackling challenging and significant human rights issues will certainly be missed.

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National Foundation to Prevent Violence Against Women and their Children

In July, the Commonwealth Minister for the Status of Women, the Hon Julie Collins MP, and the Victorian Minister for Community Services, the Hon Mary Wooldridge MP, launched a new organisation, the Foundation to Prevent Violence Against Women and their Children. The Foundation has been set up to raise awareness and engage the community to prevent violence against women and their children. Natasha Stott Despoja AM has been appointed as Chair of the Foundation.

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Senate Committee recommends greater human rights scrutiny for decisions by Australia’s export credit agency

The Senate Standing Committee on Foreign Affairs and Trade has recommended greater transparency, accountability and focus on human rights and environmental consequences when the statutory Export Finance and Insurance Corporation (EFIC) makes decisions to finance local and international projects involving Australian companies.

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Australia bids for spot on the UN Human Rights Council

Australia recently announced its intention to seek election to the UN Human Rights Council in 2018. The Council is the UN’s peak human rights body. It is responsible for strengthening the promotion and protection of human rights around the globe, for addressing situations of human rights violations and making recommendations on them. The Council comprises 47 UN Member States, which are elected by the UN General Assembly.

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Guide for human rights defenders on domestic implementation of UN human rights recommendations

The Human Rights Law Centre and the International Service for Human Rights have published a Guide for Human Rights Defenders on Domestic Implementation of UN Human Rights Recommendations. The Guide is intended to assist NGOs with national level strategies to ensure that UN recommendations are properly recognised and implemented.

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