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National Human Rights Consultation: Getting involved

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National Human Rights Consultation: Getting involved Sophie Ellis, PILCH Helen Conrad, Human Rights Law Resource Centre Nicola Rivers, Environment Defender s Office – PowerPoint PPT presentation

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Title: National Human Rights Consultation: Getting involved

1
National Human Rights ConsultationGetting
involved

Sophie Ellis, PILCH
Helen Conrad, Human Rights Law Resource Centre
Nicola Rivers, Environment Defenders Office
Gregor Husper PILCH

2
Outline

Environmental rights what are they and where
are they protected around the world?
Background to the National Consultation
Environmental rights in Australia
How to write a submission for your organisation
Encouraging and facilitating others to make
submissions
Resources
Contacts

3
Human Rights and the Environment international
context

International human rights instruments and the
protection of environmental rights
Implied protection
Direct protection
How are environmental rights been protected in
other jurisdictions?
The US Hawaii, Illinois and Montana State
Constitutions
The European Convention for the Protection of
Fundamental Freedoms

4
Human Rights and the Environment international
context

Intergenerational equity extending environmental
rights to future generations
Case study 1 Re Minors Oposa v Secretary of the
Department of Environment and Natural Resources
33 ILM 173 (1994) (Philippines)
Case study 2 Taralga Landscape Guardians Inc v
Minister for Planning and RES Southern Cross Pty
Ltd 2007 NSWLEC 59 (Australia)

5
The Victorian Charter

Charter of Human Rights and Responsibilities Act
2006 (Vic)
Entered into force 1 January 2008
Two key benefits
Using the Charter in individual cases, either in
litigation or education
Culture shift within government
ACT also has a state Charter
There is no comprehensive human rights protection
at the national level

6
The National Consultation

Announced by the Commonwealth Attorney-General on
10 December 2008 the 60th anniversary of the
Universal Declaration of Human Rights
Appointment of an independent Consultation
Committee
Father Frank Brennan (Chair)
Mick Palmer
Mary Kostakidis
Tammy Williams
Submissions to the Consultation are due by 15
June 2009
Committee to report to Government by 31 August
2009

7
A Significant Opportunity

Five reasons why you should participate
Environmental organisations have extremely
relevant and important expertise and
experience
Australia has very limited constitutional and
legislative protection of human rights
Human rights improve public services and empower
individuals
Complement and enhance the operation of the
Victorian Charter
This is a once in a generation opportunity!

8
Consultation Questions

Which human rights (including corresponding
responsibilities) should be protected and
promoted?
Are these human rights currently sufficiently
protected and promoted?
How could Australia better protect and promote
human rights?

9
What environmental rights could be protected in
Australia?

right to a clean healthy environment
right to water
right to food
right of indigenous people to a clean
environment/maintain traditional way of life etc
right to property (displacement from climate
change)
right to intergenerational equity
freedom from pollution
preservation of unique sites

10
Proposed text from EDO ACT

everyone has the right to an environment that
is not harmful to their health or well-being, and
to have the environment protected, for the
benefit of present and future generations,
through reasonable legislative and other measures
that (i) prevent pollution and ecological
degradation (ii) promote conservation and (iii)
secure ecologically sustainable development (ESD)
and use of natural resources while promoting
justifiable economic and social development.

11
What participatory rights could be protected in
Australia?

Peaceful assembly and freedom of association (ie
right to protest)
Freedom of expression
Right to information concerning the environment
Participation in environmental decision making
Right to effective remedies and redress in court
proceedings for environmental harm

12
How would a national charter be used to protect
the environment in Australia?

All new legislation must be assessed against the
rights protected in the charter and a statement
tabled in parliament
Decision makers must act compatibly with human
rights and consider human rights in decision
making
HR breaches can be raised in court proceedings
provided person had another cause to go to court
on that issue anyway (but no compensation or
striking out of laws)
Individuals have a direct right to seek a
declaration/ compensation / have a decision
overturned in court for a breach of their rights

13
Australian case studies

MacArthur River (mining, indigenous rights)
Climate change
Gunns 20 litigation

14
Making submissions

Its a numbers game every submission counts, no
matter how large or small
You and your organisation can (or should!)
Write a submission on behalf of your organisation
Encourage other organisations and individuals to
make a submission
Facilitate others to make a submission
Write a submission yourself!
The National Consultation also presents a
significant opportunity for education and
awareness raising for the community and
advocates as well

15
Writing your own organisations submission

Some questions to consider
What expertise and experience do we have?
What value can our organisation add?
What resources do we have?
Options
Endorse the HRLRC / ANEDO / PILCH submission
Copy and modify another submission to suit your
organisation
Write your own submission can be large or small
(1 page will do!)

16
Writing your own organisations submission

What should we include in our submission?
If you support protection of human rights
generally (i.e. not just environmental rights),
state that first.
Focus on areas and rights that you know the most
about
Provide examples of experiences of your
organisation
Good news stories where human rights protection
has helped (if any)
Unfair outcomes - where better human rights
protection might have been useful

17
Small groups discussion

1. Which environmental / participatory human
rights should be protected and promoted?
2. Do you have an example of an environmental
issue / participation issue that might have had a
better outcome with human rights protection?
3. What are your preliminary views about what
sort of submission your organisation might be
able to make?

18
Values and benefits of enhanced legislative
protection

Institutionalising a human rights framework leads
to improved public service delivery and outcomes
The language and ideas of rights can be used to
secure positive changes not only to individual
circumstances, but also to policies and
procedures at a systemic level
Human rights are universally acknowledged and
agreed standards that can be used as benchmarks
for assessing the fairness of laws, policies and
practices
Protect fundamental human rights, promote human
dignity and address disadvantage

19
Encouraging and facilitating others

Think about whether your organisation could
Run grass roots consultations
Attend the Consultation Committees forums or
encourage individuals to do so
Offer assistance to individuals (and other
organisations)
Distribute resources, such as fact sheets,
template submissions, etc

20
Run grass roots consultations

Some ideas
Small workshops
eg HPLC
Look at your organisations calendar of events
Set up a stall at community events / festivals
eg Kingsford Legal Centre collected 100
submissions at Yabun Festival!
Client questionnaire use your existing client
intake procedure or leave the questionnaire at
reception
Think creatively!