Australia
Acts of terrorism, most recently in the Asian region, have prompted significant responses by
the Australian Government. In February 2004, Australia co-chaired a meeting of the Bali
Regional Ministerial Meeting on Counter-Terrorism as an initiative to transfer political
commitment into concrete action. Australia has also amended existing national legislation to
strengthen its powers of detention and investigation. Amendments to the Australian Security
Intelligence Organization Act 1979 (“ASIO Amendment Act”) have, in particular, been the
subject of intense public debate. The following discussion sets out the relevant human rights
and anti-terrorism treaties to which Australia is a party and the recently enacted ‘package’ of
Commonwealth anti-terrorist legislation. Observations are then made where appropriate that
Australian laws may not conform to Australia’s international legal obligations.
Relevant treaties to which Australia is a party
Australia is a party to the ICCPR,154 First Optional Protocol,155 Second Optional Protocol,156
CAT,157 CRC,158 CERD159 and the Refugee Convention.160 Australia is a party to all of the
Terrorism Conventions except the Plastic Explosives Convention.
As a common law country, and in the absence of any Bill of Rights, Australian judicial
bodies rely upon certain constitutional provisions and principles of law to ensure human
rights standards are met. Some human rights treaties, including the Convention on the
Elimination of all Forms of Racial Discrimination and the Convention on the Elimination of
All Forms of Discrimination against Women are directly applicable law through the
introduction of implementing legislation. Others have been scheduled to the Human Rights
and Equal Opportunity Commission Act 1986 (Cth) that provides benchmarks for the
educational, monitoring and investigative roles of the Commission.
154
Australia ratified the ICCPR on 13 August 1980.
Australia acceded to the First Optional Protocol on 25 December 1991.
156
Australia acceded to the Second Optional Protocol on 11 July 1991.
157
Australia ratified CAT on 8 August 1989.
158
Australia ratified the CRC on 17 December 1990.
159
Australia ratified CERD on 30 September 1975.
160
Australia acceded to the Refugees Convention on 22 January 1954.
155
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