ALP National Platform:
Labor is a party of human rights. Labor believes in a just and tolerant society that fully protects the
rights and freedoms of all people in Australia. Labor supports the Universal Declaration of Human
Rights and the international treaties to which we are a signatory.
Human rights
26 Labor believes a Human Rights Framework that reflects our international obligations is necessary in
reflecting our commitment to fundamental rights across social and economic policies. We are committed
to promoting the awareness and understanding of human rights, supporting the international human
rights instruments to which Australia is a signatory, and properly funding the Australian Human Rights
Commission. Labor will adhere to Australia’s international human rights obligations and will seek to have
them incorporated into the domestic law of Australia, and have them taken into account in administrative
decision-making and whenever new laws and policies are developed.
27 Labor has introduced a new Human Rights Framework that:
● is investing in a comprehensive suite of education initiatives to promote a greater understanding
of human rights across the community
● through the National Action Plan on Human Rights requires each new Bill introduced into Parliament
is accompanied by a statement of compatibility with our international human rights obligations
● establishing a new Parliamentary Joint Committee on Human Rights to provide greater scrutiny of
legislation for compliance with our international human rights obligations
● develops federal anti-discrimination laws into a single Act to remove unnecessary regulatory
overlap and make the system more user-friendly
● provides for a review of legislation, policies and practices for compliance with the seven core UN
Human Rights treaties to which Australia is a party (which are listed in the framework).
28 Labor will review its Human Rights Framework legislation in 2014 and that review will consider
whether the Human Rights Framework could be enhanced through a statutory charter of human rights or other similar instrument
I am informed by the Australian Guardian about the actions of the Minister for Immigration Scott Morrisson:
The high court case in December concerns a Pakistani boat arrival
who has been in immigration detention on Christmas Island since
May 2012.
He is an ethnic Hazara and a Shia Muslim. Australia has found he is a refugee, with a well-founded fear of persecution by Sunni extremists in his home country.
He has passed all security and character checks.
It is illegal for Australia to send the man back to Pakistan. Immigration authorities are obliged to grant him a visa, the high court said.
The man was initially allowed to apply for a visa, but legislative changes and Morrison’s imposed cap on visa numbers have stalled the process.
After the high court ruled the government was “bound to … grant him a protection visa”, Morrison issued a “conclusive certificate” – which cannot be appealed – ruling it was not in the “national interest” for him to have a visa.
The man remains in immigration detention.
“The issue at the heart of this proceeding is whether the minister may achieve by administrative fiat the outcome presently denied to the minister through the parliament,” Stephen Lloyd, acting for the Pakistani man, told the high court.
“The minister seeks to use mechanisms under the Migration Act to attain an unlawful end.”
Stephen Donaghue, for the government, told the high court Morrison did have the power to limit the number of visas to be granted, and that the government must keep “unlawful non-citizens” in detention while a visa determination was made.
Donaghue told the court there was “no duty” on Morrison to grant a visa to a person found to be a refugee and requiring Australia’s protection. Morrison was able to insist upon additional criteria to be met before granting a visa, he said.