The Department of Foreign Affairs and Trade, Australia
STRENGTHENING AUSTRALIA'S HUMAN RIGHTS CREDENTIALS
Address by The Hon Alexander Downer, MP, Minister for Foreign Affairs to
a Forum on Australia's Human Rights Obligations for Human Rights Day, National
Press Club, Tuesday 10 December 1996
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Introduction
It is indeed a pleasure to have this opportunity to speak about the Australian
Government's approach to human rights issues on Human Rights day.
I want to thank Amnesty International, Defence for Children International,
and the United Nations Association of Australia for their invitation and
for the indispensable work you do in promoting human rights.
The co-hosts of this Forum are all important organisations, so I appreciate
having been invited to speak here today.
Human rights are an integral element in Australia's foreign policy because
they express values which are central to Australian society.
This Government believes in the universality and indivisibility of fundamental
human rights. It also believes that Australia can take effective steps to
ensure the promotion of human rights, including through representations
to promote those rights in its dealings with other countries.
Today I would like to outline the Government's broad approach to human rights
issues. I will do this first by explaining the intellectual foundations
of the Government's approach to human rights. Secondly, I want to outline
how these foundations translate into concrete and practical human rights
initiatives. Thirdly, I will outline initiatives for the future.
Part One: The Foundations of the Government's Approach to Human Rights
This Government views human rights as an inseparable part of Australia's
overall foreign policy approach.
The importance of human rights within Australian foreign policy is explained
by four key principles from which the Coalition draws.
First, human rights are important in the conduct of Australian foreign policy
because the treatment of individuals is of itself a matter of concern to
Australia.
Secondly, the promotion and protection of human rights is important to Australia's
national interest because it underpins the country's broader security and
economic interests. It is clear that serious human rights abuse can upset
regional security as was sadly evident both during and following the period
of Khmer Rouge control in Cambodia which ultimately led to refugee flows
and the need for major international involvement.
Thirdly, the Australian Government's policies on human rights are based
on the Universal Declaration of Human Rights and subsequent international
human rights instruments which enshrine the principles of universality and
indivisibility of human rights.
Australian policy, therefore, does not presume to hold other nations to
standards that we do not apply to ourselves.
The Australian Government has been prepared to open itself to international
consideration of our human rights record. A delegation from Amnesty International
visited Australia earlier this year and the UN Special Rapporteur for Religious
Intolerance will visit in 1997.
Australia also accepts its reporting obligations under international human
rights treaties. The comments of UN Committees on Australia's reports, and
on complaints brought by individuals help to ensure that we meet our international
commitments under these treaties.
I welcome the initiative of my colleague, the Attorney-General, in convening
recently the first session of a regular forum for NGOs to exchange information
and discuss domestic human rights issues. This meeting complements the successful
NGO human rights consultations organised by my Department for a number of
years now.
Fourthly, the Government believes that attention and consideration should
be given to the promotion, protection and implementation of all human rights,
whether they be civil and political, or economic, social and cultural.
This proposition lies at the heart of the right to development which links
the two categories of rights in a way that is particularly relevant to our
region.
Economic development is critical for improving the quality of life for people
in developing countries, which is the ultimate aim of all human rights endeavours.
At the same time, the stability of free and democratic societies can enrich
and accelerate human development by providing standards and direction for
social and economic growth.
With these points in mind, the transition of ethical approaches into practice
is guided by two considerations.
First, Australia must be realistic in its assessment of what can and cannot
be done on particular human rights issues, and practical about the best
means of seeking to realise its human rights goals.
Achievable objectives are vital for effective foreign policy of any sort.
Secondly, Australia's policies must be based on a clear analysis of the
way in which human rights concerns fit with Australia's interest in maintaining
security and enhancing prosperity.
This means that the Government's policy approaches will necessarily be developed
as part of a comprehensive treatment of foreign policy and implemented in
the context of the overall relationships that Australia has with other countries.
The specific goals which flow from these considerations include a commitment
to promoting basic economic and social rights such as maternal health care
and primary education.
Similarly, there are key civil and political rights, such as adherence to
the rule of law and freedom of speech and assembly which this Government
will seek to foster and which are critical to both individual freedom and
long term social stability.
Part Two: Practical Human Rights Policies
Having outlined the basic principles which underpin Australia's approach
to human rights I want to explain how Australia translates these principles
into practice.
This Government's approach to human rights has one hallmark, and that is
a commitment to achieving practical outcomes which actually improve the
lives of individuals abroad.
We aim to make a difference on human rights, rather than merely to posture.
The Government is employing a variety of approaches to human rights issues
to achieve the best possible results. They encompass development co-operation,
public diplomacy and private diplomacy.
Development Cooperation
The first of the ways Australia promotes human rights is through its development
cooperation program. Australia's aid program not only promotes economic,
social and cultural rights but also civil and political rights.
The Australian Government recognises that the development of these rights
must be safeguarded and nurtured by appropriate institutions and structures.
Australia's development cooperation program, through AusAID, will continue
to support democratic development and human rights institution building
in developing countries.
The Government is particularly supportive of helping countries in the Asia
Pacific region to develop strong, independent national human rights institutions.
These are an important means of promoting adherence to international human
rights standards.
In Papua New Guinea, for example, we are broadening our assistance in the
law and justice sector. Current and planned assistance in this area comes
to about $120 million, and is focussed on strengthening PNG's legal institutions
such as the PNG Attorney-General's Department, the Ombudsman Commission,
corrective services and support for community-based responses to the overarching
problem of law and order in Papua New Guinea.
Another important new initiative is the provision of a program of assistance
to the Research Centre for Human Rights at the Ho Chi Minh Academy of Political
Sciences in Vietnam. This addresses international law and human rights instruments
and seeks to improve the capacity of the Academy and the Centre to conduct
research and training in these areas.
Despite the tough budgetary environment, I have also secured the continuation
of a human rights fund which supports priority human rights activities identified
by Australian missions overseas.
At the World Congress Against the Commercial Sexual Exploitation of Children
in Stockholm in August, Australia re-affirmed its commitment to eliminating
child prostitution. To that end, AusAID is providing significant funding
in support of ECPAT - the Australian NGO concerned with ending child prostitution,
pornography and trafficking in Asian tourism.
Peace and human rights are also inextricably linked. Nowhere has this been
more graphically illustrated than in Africa where, in recent years, some
of the world's worst human rights atrocities have been carried out in the
context of civil war. In recognition of this, the Australian Government
recently made contributions both to the initiative of former Tanzanian President
Nyrere to prevent war in Burundi, to the OAU Peace Fund and granted $2.6
million to Australian NGOs to carry out relief work during the current crisis
in the Great Lakes region.
In the area of economic, social and cultural rights, the Government is making
additional efforts to ensure that development assistance promotes an environment
conducive to equitable growth, as well as effectively targeting basic needs
and poverty alleviation.
In this endeavour, the role of NGOs is obviously very important and the
Government wishes to see NGOs continue to make their valuable contribution
in the aid program.
Landmines
A second policy area where the Australian Government has promoted human
rights is the issue of anti-personnel landmines. The impact of these weapons
involves not only the immediate human tragedy; it also undercuts the overall
development of those areas affected, by diverting both financial and human
resources which could otherwise be employed in providing basic health and
education.
In April of this year, along with my colleague the Minister for Defence,
Mr McLachlan, I was delighted to announce that Australia supported a global
ban on the production, stockpiling, use and transfer of anti-personnel landmines
and implemented a unilateral suspension on their use by the Australian Defence
Force.
The Australian Government has increased its efforts to do something practical
to tackle the humanitarian disaster posed by these weapons.
In May, I announced a de-mining program for Cambodia and Laos worth $12
million over three years.
I am pleased to note that, since the announcement of our new policy, the
international momentum in favour of a global ban on anti-personnel landmines
has grown considerably.
Fifty countries, including Australia, attended the Ottawa strategy conference
of pro-ban states in October. One hundred and forty-one countries voted
in favour of a resolution, co-sponsored by Australia, at this year's UN
General Assembly which called for the vigorous pursuit of an effective,
legally-binding international ban agreement.
We are also looking at ways in which improved de-mining technology can speed
up the rate and scale of the de-mining process, and to that end I registered
at the UN General Assembly in September, Australia's interest in working
with other countries to improve de-mining technology, with a view to increasing
the rate and scale of the de-mining process. I am proud of the work we have
done on this issue.
Human Rights Representations
A third way the Australian Government will work to promote human rights
is the important area of human rights representations.
The Australian Government remains committed to continuing bilateral representations
on both individual cases and general situations as an important means of
improving human rights observance overseas and to give appropriate expression
to concerns that are felt in Australia.
Most of the cases raised are based on Amnesty International "Urgent
Action" cases which the Government pursues on behalf of the Amnesty
International Parliamentary Group.
Australia will thus maintain a vigorous human rights diplomacy, both multilaterally
and bilaterally. Australia will continue to make representations through
our network of Embassies and High Commissions overseas on cases of human
rights' concern brought to our attention by Amnesty International.
These representations strengthen Australia's profile as a concerned and
active country in the human rights field.
Diplomatic Approaches
Beyond development assistance and representations on individual cases, the
Government has available to it the various tools of diplomacy.
The Australian Government is committed to an active diplomacy aimed at improving
the observance of international human rights standards.
The Australian Government is using both public and private diplomacy to
express Australia's concerns and urge action to resolve problems, and I
and senior officials in my Department have spoken out consistently on a
range of human rights concerns.
Most fundamentally, the Australian Government seeks to be effective
in its human rights work. In practice that means that we have to choose
what will be the most effective method of improving human rights conditions
in any particular case.
In some cases that will mean strong public statements and in others that
will mean that the bulk of the work must be done in private. What I will
not do though is engage in sloganeering just for the sake of winning a few
pats on the back, because the result will often be to limit Australia's
influence.
The nature of international politics is such that at the Government to Government
level a demand will often produce a reaction which is counter-productive.
This is not always the case but it is a fact of the landscape and one which
must be taken into account in deciding upon the most effective approach
in any one case.
Nevertheless there are cases where a mix of strong public diplomacy and
private diplomacy is the optimal approach.
As an example of this approach, with regard to conditions in Burma I have
spoken out consistently and strongly called for greater dialogue between
the SLORC and Daw Aung San Suu Kyi.
Australia will continue to make strong representations to the Government
of Burma on specific human rights cases of concern and will maintain regular
contact with opposition spokespeople, including Daw Aung San Suu Kyi.
We will also maintain pressure on the SLORC. At my instruction Australian
officials boycotted the "Visit Myanmar Year " opening day launch
in Rangoon. Last week, again on my instructions, our Embassy in Rangoon
made representations on the detention of National League for Democracy Youth
members.
Australia has also just co-sponsored a human rights resolution on Burma
in the United Nations General Assembly in New York, which sent a clear message
to the Burmese Government about the urgent need for improvements in the
human rights and political situation there.
The leaders of the Burmese opposition in exile, Dr Sin Wein, specifically
singled out Australia and a small number of other countries for our "special
efforts" in ensuring that the resolution was representative of the
current crisis in Burma.
The Australian Government is also engaged in intensive regional diplomacy
with our Asian neighbours. During the ASEAN Regional Forum in July I had
the opportunity to meet with my Burmese counterpart and put forward Australia's
concerns about human rights, democracy and political detainees in what can
only be described as direct and unqualified terms.
I am pleased that it was with the encouragement of an Australian proposal,
that, for the first time, there was discussion of Burma's human rights'
record during the formal session of the ARF.
I believe that ASEAN is the key to human rights progress in Burma. The single
most important thing Burma is seeking from the international community is
membership of ASEAN.
As such I am convinced that Australia must work for change in Burma by working
closely with ASEAN neighbours to influence Burma. If we set ourselves at
odds with ASEAN over this issue I am convinced that we will lose the best
chance we have to influence developments in Burma.
That is why the Government has maintained the "benchmarks approach"
in relation to Burma which links greater bilateral contact with moves toward
greater regard for human rights .
Significantly, the Australian Government will continue the ban on exports
of defence and defence related goods to Burma and our bilateral development
assistance program will remain suspended.
I will not underestimate the challenge in seeking to bring about reform
in Burma. But I do say that the touchstone of our action has been to take
those steps which we believe will genuinely encourage practical change in
Burma.
In dealing with particular issues I have previously said that I believe
it is generally best not to lecture but to seek results in human rights
diplomacy. I believe a good example of this has been the Government's approach
to East Timor which aims to help bring about improvements there.
By way of practical initiatives, while I was in Jakarta last April I announced
a contribution of $300,000 for the International Committee of the Red Cross
(ICRC) to continue its human rights monitoring work in East Timor. This
is in addition to Australia's continuing development assistance program
to East Timor.
I also made it clear in Jakarta in April, July and October, and in my two
other meetings with Ali Alatas that Australia will continue to lend whatever
support it can to the two streams of dialogue on East Timor held under the
auspices of the United Nations and to help in reducing the dramatic unemployment
problem in East Timor which undoubtedly compounds the problem there. The
Government also provided approximately $25,000 to meet costs associated
with the All-Inclusive Intra-East Timorese talks in Austria in March.
It was against this background of practical assistance that I have been
able to raise Australia's concerns about conditions in East Timor with both
Foreign Minister Ali Alatas and President Soeharto - amongst others. Whilst
making Australia's concerns clear, I deliberately chose not to lecture or
hector, but to offer Australia's assistance in seeking a constructive and
peaceful resolution.
Whilst recognising that there is much work still to be done in East Timor,
I note the recent comments of the former Human Rights Commissioner and now
Special Adviser to the UN High Commissioner for Human Rights, Brian Burdekin,
who only last week said of Indonesian progress on human rights:
"I don't have any doubt that what's happening in this country is moving
in what I see in the overall as a positive direction".
In that respect, the Australian Government will continue to look for opportunities
to make a concrete contribution to the resolution of the East Timor issue.
Part Three: Looking to the Future: Initiatives
In looking to the future the Australian Government is involved in three
initiatives which will make practical, long term contributions to human
rights and democracy at a structural level.
The first of these is the support we are providing for the development of
Asia-Pacific human rights arrangements. This is important because the establishment
of a human rights framework and institutional infrastructure in the Asia
Pacific will bring our region in line with Africa, the Americas and Europe.
Our support is being developed through the informal Asia Pacific Forum of
National Human Rights Institutions which was established in June this year.
The Australian Government is providing $225,000 over three years to enable
Australia's Human Rights and Equal Opportunity Commission to provide a secretariat
for the Forum.
The second Government initiative I would point to is the proposal to establish
a new Centre for Democratic Institutions which would focus on the promotion
of democracy and democratic change, especially in the Asia Pacific region.
My Department is currently developing detailed proposals for the Centre
in conjunction with NGOs.
A third initiative to which I want to lend my strong personal backing is
the establishment of an International Criminal Court.
I believe an International Criminal Court would be an important step forward
for the international community in dealing with the most serious crimes
of international concern such as genocide, war crimes and crimes against
humanity.
That is why I want to make this one of the Government's prime multilateral
and human rights objectives in the next two years. The world needs an International
Criminal Court and Australia is uniquely placed to help deliver it.
Conclusion
In concluding, I want to commend the role of human rights monitors in the
ongoing world-wide campaign to promote and protect human rights. In that
context I believe there are two important things to note.
First, to recognise that governments and NGOs have different but complementary
roles. The special capacity for witnessing and advocacy which rests with
NGOs cannot easily be replicated by government. However, government has
a capacity for representation and direct diplomacy, which although often
less public, is usually not within the power of NGOs.
Secondly, there will at times be disagreements over both approaches and
objectives, as there are within the non-government community itself. That
is simply a feature of healthy democracy.
Let me reiterate that I both invite contact and want to work closely with
the NGO community on the topic of how we can make a genuine contribution
to the promotion and protection of human rights.
This Government is focused on practical and effective approaches to the
promotion of human rights.
Ultimately, all of these approaches flow from a coherent philosophy which
recognises that human rights are an integral part of Australia's interests
and that Australia has a responsibility in its foreign policy to promote
the dignity of the individual.