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Title: Australia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
AUSTRALIA
Australia has a federal system of government and a long history as a
multiparty parliamentary democracy. The judiciary is independent.
Federal, state, and local police are under the firm control of civilian
authorities and carry out their functions in accordance with the law.
A highly developed economy, which includes manufacturing, mining,
agriculture, and services, provides most people with a high per capita
income. A wide range of government programs offers assistance for the
minority of relatively disavantaged citizens.
Laws provide for basic human rights; the Government respects and
enforces these laws. The Government administers many programs to
improve the socioeconomic conditions of Aboriginals and Torres Straits
Islanders, who together form about 2 percent of the population, and to
address longstanding discrimination against them. A national study
documented credible allegations that police have used excessive force
against juvenile aborigine detainees. Societal discrimination and
violence against women are problems, which, however, are being actively
addressed.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
According to a February Australian Institute of Criminology report,
there was a 12 percent increase (74 deaths in 1993 versus 83 in 1994) in
total deaths in police and prison custody during the 12-month period
ending in June 1994. The number of Aboriginal deaths in custody
increased from 7 to 11. The same report shows that non-aborigine deaths
in custody increased from 49 to 51. The incidence of deaths per 1,000
prisoners was 4.44 for aborigine detainees versus 3.65 for non-aborigine
detainees.
In the state of Victoria, at least eight people in 1995 were shot dead
by police. There have been allegations in the print media and among
human rights groups of pervasive police use of excessive force in the
apprehension of suspects. Four separate investigations into the
shootings were carried out by the state government and the police.
These recommended a vigorous plan of action, including additional
training techniques in nonviolent apprehension, and new equipment for
police officers. In all, there were 22 fatal police shootings in
Victoria between 1988 and 1995, 5 of which involved people with
histories of mental illness.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits all such practices, and there were no reports that
officials employed them.
Prison conditions meet international standards and the Government
permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, detention, or exile, and the
Government observes this prohibition in practice.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
executive and legislative branches respect its provisions.
There is a well-developed system of federal and state courts, with the
High Court at its apex. Almost all criminal trials are conducted by
courts established under state and territorial legislation. The Federal
Court and the High Court have very limited roles to play. When trials
are conducted in local courts, the magistrates sit alone. In the higher
courts, namely the state district or county courts and the state or
territory supreme courts, trials are usually conducted by judge and
jury. The jury decides on the facts and verdict after a trial conducted
by a judge.
The law provides for the right to a fair trial, and the judiciary
vigorously enforces this right.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices. The authorities generally respect
these prohibitions, and violations are subject to effective legal
sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no bill of rights. In two decisions, the High Court indicated
that freedom of political discourse is implied in the Constitution. The
Government respects these rights in practice. An independent press, an
effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom.
b. Freedom of Peaceful Assembly and Association
Although these freedoms are not codified in law, citizens exercise them
without government restriction.
c. Freedom of Religion
Citizens have complete freedom of religion. A provision of the
Constitution precludes the adoption of a state religion.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice. The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
The Government has continued to forcibly repatriate persons who it has
determined do not have a valid claim to refugee status. Private human
rights and refugee lobby groups maintain that the Government's refugee
and asylum adjudication process is applied inconsistently.
Under the Migration Reform Act of 1992, asylum seekers who arrived at
the border without prior authorization to enter the country were
automatically detained. In November and December 1994, there was a
dramatic, but temporary, increase in the numbers of asylum seekers
arriving by boat, mostly from southern China, bringing the annual total
to 952. The majority of asylum seekers were detained for the duration
of the often-prolonged asylum process. The detention policy has been an
intractable issue. The policy has led to extensive litigation initiated
by human rights and refugee lobbies charging that the lengthy detentions
(in some instances involving children and lasting several years) violate
the human rights of the refugees. In September the Government's Human
Rights Commissioner, Chris Sidoti, initiated an investigation of alleged
human rights violations arising from the prolonged detention.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
No legal impediments exist to prevent women and indigenous people from
holding public office. However, historical patterns of bias against
women and the deleterious effects of poor educational achievement and a
generally inferior socioeconomic status for indigenous people have
contributed to their underrepresentation among political leaders.
Approximately 14 percent of Members of Parliament (M.P.'s) are women.
There are no Aboriginals serving as M.P.'s. The Government and the
opposition have both declared their intent to increase the number of
women elected to public office, but little progress has been made since
these declarations.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of human rights groups operate without government
restriction (and in some instances with government funding),
investigating and publishing their findings on human rights cases.
Government officials are very cooperative and responsive to their views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits discrimination based on the above listed factors, and
the Government and an independent judiciary vigorously enforce the
prohibition.
Women
Social analysts and commentators estimate that domestic violence may
affect as many as one family in three or four. Government statisticians
stress that, because of underreporting and the lack of an agreed method
for collecting statistics, it is impossible to provide an accurate
national profile of the number of women who are victims of domestic
violence. The Government is in the last tranche of a well-received
national 3-year community education campaign about domestic violence and
the legal recourse available to victims.
Women have equal status under the law, and the law provides for pay
equity. There are highly organised and effective private and public
women's rights organisations at the federal, state and local levels.
There is a federal-level Office of the
Status of Women which monitors women's rights. The Federal Sex
Discrimination Commissioner receives complaints and attempts to resolve
those that are deemed valid. A 1994 U.N. report estimated that women
receive approximately 90 percent of wages paid to men for substantially
similar work.
A government-funded advisory body reported in 1994 that women face
systemic discrimination within the legal system. The report indicated
that discrimination against women permeates law, judicial
interpretation, and women's access to legal services.
Children
The Government demonstrates its strong commitment to children's rights
and welfare through its well-funded systems of public education and
medical care. There is no pattern of societal abuse against children.
The Federal Human Rights and Equal Opportunity Commission receives
complaints and attempts to resolve those it finds valid. Similarily,
the six states and two territories investigate complaints of neglect or
child abuse and institute practical measures aimed at protecting the
child when such complaints prove founded.
People with Disabilities
The Government has enacted legislation which prohibits discrimination
against disabled persons in employment, education, or other state
services. The Disability Discrimination Commissioner promotes
compliance with federal laws prohibiting discrimination against disabled
persons. The Commissioner also promotes more energetic implementation
and enforcement of state laws that protect the rights of disabled
persons.
State and territory governments have not enacted legislation mandating
the provision of accessibility for the disabled. It is lawful to deny
employment or services to those with disabilities if there are
reasonable grounds for believing that the disabled person would be
unable to carry out the work or would require the employer or service
provider to furnish services or facilities which could not reasonably be
supplied. State and territory courts have upheld or dismissed suits
brought by disabled plaintiffs on a case-by-case basis. Attempts by
physically impaired people to use antidiscrimination legislation in
broader battles have not been successful to date.
Indigenous People
The Racial Discrimination Act of 1975 prohibits discrimination on
grounds of race, color, descent, or national or ethnic origin. The
Ministry for Aboriginal Affairs, in conjunction
with the Aboriginal and Torres Straits Islander Commission (ATSIC), has
the main responsibility for initiating, coordinating, and monitoring all
governmental efforts to improve the quality of life of indigenous
peoples. A wide variety of government initiatives and programs seek to
improve all aspects of Aboriginal and Torres Straits Islander life.
In practice, however, indigenous Australians continue to experience
significantly higher rates of imprisonment, inferior access to medical
and educational services, greatly reduced life-expectancy rates,
elevated levels of unemployment, and general discrimination which
contribute to an overwhelming feeling of disenfranchisement.
Indigenous people are imprisoned 16 times more than nonindigenous
people. Over 45 percent of aborigine men between the ages of 20 and 30
have been arrested at some time in their lives. The prison
representation rate for indigenous juvenile offenders is almost 20 times
that of nonindigenous juveniles. Indigenous groups claim that the
Government's lack of response to a series of recommendations by the 1991
Royal Commission into Aboriginal Deaths in Custody contributes to these
disturbing statistics. The Government acknowledges that socioeconomic
conditions give rise to the common precursors of indigenous crime, e.g.,
unemployment, homelessness, and boredom.
Police harassment of indigenous people and racial discrimination by
police and prison custodians persists. A 1994 University of Melbourne
study of 171 aborigine juveniles in custody stated that 85 percent
reported being hit, punched, kicked, or slapped by police. Preliminary
data suggest that the problems highlighted by the 1994 study continued
in 1995. Most of the juveniles interviewed had complaints concerning
violence occurring after apprehension and during questioning about
alleged offenses. Government statistics have confirmed the common
perception among indigenous people that they are systematically ill-
treated by police. Government reports have suggested that the pursuit
of economic self-determination for indigenous people will greatly assist
in solving the crime problems in indigenous communities and the
inequities in rates of imprisonment.
The average life expectancy of an indigenous person is 20 years less
than that of a nonindigenous person. The infant mortality rate for
indigenous children is three times that of nonindigenous children. The
maternal mortality rate for indigenous women is five times that of
nonindigenous women. The incidence of illnesses such as tuberculosis,
leprosy, hepatitis, and of sexually transmitted diseases is 10 times
greater among indigenous people.
A national survey indicated that 22.5 percent of indigenous children
complete secondary education versus 76.2 percent of nonindigenous
children. Only 7 percent of Aboriginals pursue postsecondary education.
The Government has initiated programs, including a 1 billion Australian
dollar (US$ 750 million) Indigenous Land Fund and a Federal Social
Justice Package, aimed at ameliorating the challenges faced by
indigenous Australians. The Government is also seeking ways to improve
upon 1993 Native Title Legislation which has been largely unsuccessful
in assisting aborigines to establish and pursue title to land.
Section 6 Worker Rights
a. The Right of Association
Australian law and practice provide workers, including public servants,
freedom of association domestically and internationally. Approximately
35 percent of the work force is unionized. Although unions carry out
their internal functions free from government or political control, most
local affiliates belong to state branches of the Australian Labor Party
(ALP). Union members must make up at least 50 percent of the delegates
to ALP congresses, but unions do not participate or vote as a bloc.
There are no restrictions on the right to strike. Legislation which
went into force on March 30, 1994 for the first time legalized what had
always been a de facto right to strike.
Laws and regulations prohibit retribution against strikers and labor
leaders, and they are effectively enforced. In practice, employers tend
to avoid legal remedies (e.g., secondary boycott injunctions) available
to them in order to preserve a long-term relationship with their unions.
Since 1992 the federal Labor Government has used its adherence to
International Labor Organization (ILO) conventions to override state
objections to new labor relations legislation. Recent major provisions
(right to strike, parental leave, pay equity, minimum wage, and
protection from unfair dismissals and hiring discrimination) were
deliberately based on ILO conventions and recommendations, as well as on
broader international conventions and covenants.
Unions may freely form and join federations or confederations, and they
actively participate in international bodies.
b. The Right to Organize and Bargain Collectively
Australian law and practice provide workers with the right to organize
and bargain collectively, and the law protects them from antiunion
discrimination.
Federal and state governments administer centralized, minimum-wage
awards and provide quasi-judicial arbitration, supplemented by
industrywide or company-by-company collective bargaining.
Government legislation has aimed to facilitate decentralized collective
bargaining, keyed to individual enterprises, in order to relate wage
increases more directly to gains in productivity. Workers can trade
fringe benefits for greater wage increases, but must register their
agreement with the Australian Industrial Relations Commission (AIRC),
which insures that they suffer no net disadvantage. The legislation
also created an industrial relations court to adjudicate disputes,
especially the failure to bargain in good faith, arising from the
increased use of enterprise bargaining.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Although there are no laws prohibiting it, forced labor is not
practiced.
d. Minimum Age for Employment of Children
There is no federally mandated minimum age for employment, but state-
imposed compulsory education requirements, monitored and enforced by
state educational authorities, effectively prevent most children from
joining the work force until they are 15 or 16 years of age. Federal
and state governments monitor and enforce a network of laws, which vary
from state to state, governing the minimum school-leaving age, the
minimum age to claim unemployment benefits, and the minimum age to
engage in specified occupations.
e. Acceptable Conditions of Work
Although a formal minimum wage exists, it has not been relevant in
setting wages since the 1960's. Instead, 80 percent of workers are
covered by differing minimum wage rates for individual trades and
professions, all of which are sufficient to provide a decent standard of
living for a worker and family. However, the recent growth of cottage
industry, especially in the manufacture of clothing, prompted a
government-funded report in March which spawned a Senate motion to
inquire about outwork reform.
Most workers are employees of incorporated organizations. For them, a
complex body of government regulations, as well as decisions of
applicable federal or state industrial relations commissions, prescribe
a 40-hour or shorter workweek, paid vacations, sick leave, and other
benefits, including at least one 24-hour rest period per week.
Federal or state safety laws apply to every workplace.
The Occupational Health and Safety (Commonwealth Employment) Act of 1991
provides federal employees with the legal right to cease work if they
believe that particular work activities pose an immediate threat to
individual health or safety. Most states and territories have laws that
grant similar rights to their employees. At a minimum, private sector
employees have recourse to state health and safety commissions, which
will investigate complaints and demand remedial action.
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