Govt rejects formal human rights charter

21 Apr 2010, 6:34 pm   -   Source: AAP
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Attorney-General Robert McClelland said many people remained concerned about the consequences, namely the shift of power from the parliament to the judiciary. (AAP)

Attorney-General Robert McClelland said many people remained concerned about the consequences, namely the shift of power from the parliament to the judiciary. (AAP)

The Rudd government has been accused of putting its own political agenda ahead of the public good on the issue of human rights.

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The Rudd government has been accused of putting its own political agenda ahead of the public good on the issue of human rights.

Australia will remain one of the few nations without a national charter of rights after the government decided not to adopt the key recommendation of its consultative committee.

The government will instead set up a framework focusing on education and extra parliamentary scrutiny of bills to ensure they meet international obligations.

Attorney-General Robert McClelland acknowledged there had been "overwhelming" support for nationalised legislation to protect basic rights including education, health and housing.

But he said many people remained concerned about the consequences, namely the shift of power from the parliament to the judiciary.

"The enactment of human rights should be done in a way that unites, rather than divides our community," he said in a speech at the National Press Club in Canberra on Wednesday.

The new framework will require all bills to have a ministerial statement of human rights compatibility to ensure they comply with international obligations.

A separate review process will be undertaken for existing legislation, including the Northern Territory intervention, migration and counter-terrorism policies.

A parliamentary committee on human rights will also be established.

Mr McClelland denies the compromised position was the result of divisions within the Labor Party, or concerns that the charter would have caused a political headache in an election year.

"I don't think the report has created a political problem at all."

But legal and human rights groups, which support the charter, are not convinced.

Online advocacy group GetUp!, which has more than 350,000 members, says the government is more focused on internal disputes than the views of the public.

"Politicians clearly want to protect their patch but that's not representative of where the Australian public are at," national director Simon Sheik told AAP.

Civil liberties groups say the government had been "spooked" by the issues, fearing it would result in legal challenges to its decisions.

"It has lost its nerve on this important policy issue," Victorian Council for Civil Liberties president Michael Pearce said in a statement.

Amnesty International Australia spokeswoman Sophie Peer agreed, telling AAP the decision shows "a complete lack of courage".

The groups are also concerned Australia will continue to lack an adequate legal framework to protect basic rights.

"Particularly for those who regularly experience fear, hunger, homelessness, powerlessness and discrimination," Law Council president Glenn Ferguson said in a statement.

Australian Human Rights Commissioner Cathy Branson QC said the framework was a good start but did not go far enough.

"Human rights protections in Australia will remain piecemeal and inadequate," she told AAP.

Gay rights groups are also disappointed they won't have the opportunity to test the case for same-sex marriage in the High Court.

But opponents to the charter, including the Australian Christian Lobby and the federal opposition, are pleased with the outcome.

Shadow attorney-general George Brandis said a bill of rights was a dangerous and foolish idea that would have diminished the authority of parliament.

The Rudd government says it will review the framework in 2014.

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Your Comments

Mr

Barrie Collins - from Blackheath, 2 years ago

If the Parliament sets itself above the law then the Australian public should expect that its rights and the rights of others in our care will be violated again in due course, as they were under the Howard government.

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