Australia’s Human Rights Obligations: Time to Act

Australia Urged to Fulfill Human Rights Pledges

Human Rights Watch has called on the Australian government of Prime Minister Anthony Albanese to fulfill its rights-related election pledges and to urgently address human rights issues related to climate, refugee policy, and First Nations justice. It has been a year since the Labor Party, led by Anthony Albanese, won parliamentary elections.

Climate Change

In July 2022, Prime Minister Albanese joined Pacific Island leaders in Fiji to declare a climate emergency and commit to limiting global warming to 1.5 degrees Celsius. However, while the Albanese government has legislated a 43 percent emissions reduction target by 2030 and has given significant support to the renewable energy sector, the government is still actively supporting the expansion of fossil fuel industries in Australia. In May 2023, the federal budget announced that the government is subsidizing the fossil fuel industry with billions of dollars each year. On May 12, the environment minister approved a new coal mine and rejected a request to reconsider approvals for three other coal mine projects or extensions.

The world’s leading climate scientists have warned that there can be no new investments in oil, gas, and coal. To prevent further risks to people’s lives and the environment, no new coal, oil, and gas projects should be approved.

Refugee Policy

In February, the Albanese government fulfilled a key election pledge by permitting thousands of refugees living in Australia on “temporary protection visas” to apply for permanent residency and citizenship. However, there has been little progress towards fulfilling an election commitment to increase Australia’s annual refugee intake to 27,000 places. Figures from May 2023 show that there are still 130 immigration detainees who have been held for more than 5 years.

The Albanese government has continued the cruel, expensive, and unlawful policy of offshore processing of asylum seekers, allocating AU$1.5 billion (US$1 billion) over the next four years to fund offshore operations. The “turn-back” policy of interdicting boats and summarily turning them to the high seas or returning the people onboard to countries of departure or origin has continued, with the Albanese government turning or pushing back eight boats since taking office.

The government must uphold Australia’s international legal obligations towards all refugees, asylum seekers, and people in detention. Annabel Raw, advocacy director at the Refugee Council of Australia, said that the government has a ‘moral obligation and duty’ to provide protection, safety, and support for these vulnerable groups.

First Nations Justice

Before the election, the Labor Party pledged to reduce the over-incarceration of First Nations children, who are 20 times more likely to be jailed than non-Indigenous children, and also supported a review of the minimum age of criminal responsibility.

In November, the Northern Territory government passed a law to raise the minimum age of criminal responsibility from 10 to 12 years old, and in April, the state of Victoria committed to implementing the same increase. The efforts to ensure all states and territories in Australia raise the age of criminal responsibility to the internationally accepted age of 14 should be one of the Albanese government’s priorities.

The Aboriginal and Torres Strait Islander Legal Services (ATSILS) did not receive emergency funding in the May federal budget, which led to the suspension of critical legal services for Indigenous people in New South Wales and Queensland. “The failure to fund ATSILS is a serious breach of the government’s obligations to Indigenous people, and a failure to provide access to justice,” said Sophie McNeill, senior Australia researcher at Human Rights Watch.

Conclusion

The Albanese government has made some improvements on human rights issues, but more needs to be done. The government should take urgent, concrete steps to phase out fossil fuels, reduce the incarceration of First Nations people, and uphold Australia’s international legal obligations towards refugees, asylum seekers, and people in detention.

“Australia needs ambitious, courageous policies to address the growing climate emergency and decades of mistreatment of refugees and First Nations people,” said Sophie McNeill of Human Rights Watch. The Albanese government must prioritize these urgent domestic rights reforms to enable Australia to become a true human rights leader in the region.

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