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BREAKING NEWS: Fijileaks understands that FTUC managed to get the original ILO Resolution on Fiji adopted; this now means a high level Tripartite Delegation to Fiji soon; Australia's attempted spoiler shot down!

11/11/2015

7 Comments

 

The Tripartite Delegation's  Report on Fiji will be presented to the March Session for a decision. The Fiji government through the Asia- Pacific group of governments attempted to delay a decision for a year - to November 2016. Australia, in an attempt to appease Fiji, proposed the amendment but did not receive the requisite support. Employers, EU and many other Governments supported the original resolution. Many governments were generally disappointed with Fiji's delaying tactics

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UN Human Rights Review in Geneva slams Australia’s asylum seeker and indigenous rights policies

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Australia has been condemned over its boat turnback and offshore processing policies, such as on Manus Island above, by more than 100 countries at a UN forum in Geneva.

Australia’s human rights record has been scrutinised by more than 100 countries at the UN, with the treatment of asylum seekers and Indigenous people drawing particular criticism.


Australia is being assessed before the universal periodic review, a quadrennial assessment of countries’ human rights record by the UN human rights council.

One hundred and ten countries spoke at Australia’s session in Geneva overnight, putting forward 300 recommendations for the country to improve its human rights record.

Because of the large number of countries who wanted to comment on Australia – more than half of the countries of the UN – each nation had only 65 seconds in which to address the broad issue of Australia’s human rights regime.

The issue of asylum seekers dominated concerns.

Indonesia – with whom relations have been strained over Australia’s asylum boat turnbacks – urged Australia to “ensure that the issues of refugees and asylum seekers are addressed in line with the principles of the Bali process and Australia’s other human rights obligations”.

India, a country to where Australia tried to return 157 Sri Lankan asylum seekers, said Australia should review its mandatory detention policies and ensure refugees were never sent back to places where they might face persecution.

And Turkey, which hosts nearly 2 million refugees, said Australia had to immediately cease transferring asylum seekers to third countries.

Britain welcomed Australia’s adoption of the recommendations of the Moss review into conditions on Nauru, while the US, noting Australia’s historical commitment to human rights, said it was concerned by the treatment of asylum seekers.

“We encourage Australia to ensure the humane treatment and respect of asylum seekers including those processed offshore in PNG and Nauru … [Australia should] closely monitor the processing of asylum seekers and refugees in offshore processing centres to ensure their human rights are respected.”

Even North Korea, a country with perhaps the most egregious human rights record on earth, criticised Australia: “We still have serious concerns at the continued reports of … violence against refugees and asylum seekers and violation of the human rights of Indigenous peoples in Australia.”

Australia sends, or is planning to send, asylum seekers and refugees to Nauru, Papua New Guinea, Cambodia and Kyrgyzstan. None of those countries spoke in Geneva.

Prof Sarah Joseph, director of the Castan centre for human rights law, said Australia’s treatment of asylum seekers had drawn the attention of nations from every region of the world. “Today, it was manifestly clear that we are not role models on issues of asylum, we are pariahs,” she said.

“The Australian delegation justified the policy on the same lines as the government: stopping drownings at sea, combating people smuggling and prioritising UNHCR refugees. However, there was little indication that the international community bought these excuses.”

Australian efforts to improve the rights of Indigenous people, in particular the proposal for a constitutional referendum on formal recognition, were praised by a number of countries.

But there were serious concerns raised about Indigenous health, education, housing and employment. Countries including Ireland, Norway, Denmark, Canada, Uruguay, Kenya and Paraguay flagged the overrepresentation of Indigenous Australians in the criminal justice system.

“While meaningful constitutional recognition is an important issue for Australia, the world recognises that we are closing the gap between Indigenous and non-Indigenous Australians far too slowly,” Joseph said.

The Australian delegation said it welcomed a “vigorous, wide-ranging, and balanced debate on human rights” and respected the advocacy of human rights defenders.

John Reid, first assistant secretary at the Attorney General’s Department, said Australia remained “committed to protecting human rights both at home and abroad” but conceded that challenges remained, including the gap in key life indicators between Indigenous and non-Indigenous Australians, and controlling irregular migration flows.

“Australia’s strong border protections measures have played a key role in enabling the government to maintain meaningful and significant humanitarian settlement and assistance programs,” he said.
“Such strong policies have also ensured public confidence in a well-managed migration program but, most importantly, Australia’s measures have saved lives at sea.”

Tamara Lions from Amnesty International Australia said Australia’s defence of its boat turnbacks policy – that it saved lives at sea – was “tragically untrue”.

“Amnesty’s recent report, Deadly Journeys, shows that boats of refugees are still making dangerous journeys in our region,” she said. “In May 2015, up to 8,000 people were estimated to have been stranded at sea. Over 1,100 people died in the Bay of Bengal and Andaman Sea between the start of 2014 and mid 2015.
“Australia misrepresents the problem when it says there have been no deaths – people are dying by the hundreds in seas in our region, just not in Australian waters.”

She added: “In the UPR session, many countries acknowledged Australia’s efforts in some areas such as the NDIS [national disability insurance scheme], but they then went on to raise a raft of concerns. The international community is clearly aware of Australia’s human rights failings and there is no doubt that this has affected our international reputation.

“Australia has a long way to go to mend its international reputation on refugees before it can be seriously considered for a seat on the 2018 human rights council.”

The Human Rights Law Centre’s director of advocacy and litigation, Anna Brown, said Australia’s efforts to demonstrate leadership on topics such as the death penalty and the rights of older people had been overshadowed by the wave of condemnation on policies of mandatory detention, offshore processing and boat turnbacks.

“Australia’s potential to be a human rights leader is being completely undercut by its tremendously harsh treatment of people seeking asylum,” she said. “Last night at the UN there were calls from nations in every region and political grouping in the world for Australia to change its policies.
“At a time when there is an unprecedented number of people around the world in need of safety, a wealthy democratic nation like Australia should be part of the solution but instead we are rightfully being condemned on the world stage for being part of the problem.”

She added: “The government’s generally constructive and positive approach to its review last night was undermined by its one-eyed and shallow justification for its treatment of people seeking asylum. Fronting a forum like this and just repeating a tired mantra wont fool anyone – it actually just damages our international credibility.”
But she welcomed the federal government’s “commitment to ending discrimination against lesbian, gay, bisexual, transgender and intersex people, which will ensure that many state laws, such as those governing adoption, will be improved over the coming months”.

The Australia director at Human Rights Watch, Elaine Pearson, said countries “from every corner of the globe” had pressed Australia to address discrimination against Indigenous people and to safeguard the rights of refugees and asylum seekers.

“A number of states called on Australia to end abuses related to offshore processing and pushbacks of boats, as well as mandatory detention of asylum seekers,” she said. “Now it’s up to Australia to see if it will seriously commit to addressing these concerns.

“We hope this is not a repeat of last time round, where Australia accepted a good number of recommendations but failed to implement some of them, especially on rights of asylum seekers and refugees.”

7 Comments
Chiku
12/11/2015 12:20:00 am

Credit to FTUC for standing steadfast in protecting workers' rights in Fiji under a regime that has scant regard for workers' rights, civil rights and human rights. It is a regime that only recently was a fully fledged dictatorship.
Australia has a rather shameful record when it comes to compliance with international human rights norms and that has drawn global criticism recently. So the Australia stance to appease the regime in Fiji is not surprising. It's a good thing better sense prevailed among other key parties and the original ILO Resolution on Fiji has been upheld.

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The Unionist
12/11/2015 07:25:57 am

Thank You brother Felix.
You are doing a Great job. Let your work Speak.

And remember:
Fake Revolutions are where, the Power flows from the 'barrel of the Gun' and the True Revolutions are where, the Power flows from the People themselves.

Keep to Reality - Rich are getting Richer. Poor Poorer. Desperate to acute Poverty (provide stats). Crimes related to acute Poverty. Farmers and Farm Laborers are back to Girmit days, Exploitation in the Tourism and Garment and MINING Industries, Pittance MInimum. Wage, Raising unemployment; Union bashing - as Govt. Policy; (and the list continues...) Life is getting harder by the Day

...and don't forget to mention how Bainimarama Plundered $60K from FNPF to selfishly and shamelessly see rugby in London with the Mrs. Shame!!!!!!

Good Luck and Respect.

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Daniel Urai link
12/11/2015 01:45:25 am

Legislating the ERP in 2007 was a wrong move by Bainimarama . Who knows this piece of legislation may eventually lead to his downfall.

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Great job!!
12/11/2015 02:35:43 am

U can never curtail the truth!! Vinaka felix and dan Urai. Kip on kipping on!! Expose the truth of our suffering. It's a sad day when they give themselves 200% pay increases yet the normal ordinary person languishes with peanuts!! This 9% VAT is even more deceptive!! Ahhhh but wats new!!

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rajend naidu
12/11/2015 06:15:21 am

Editor,
On ABC Drum 10/11 former Assistant Commissioner of UN Human Rights Commission also slammed Australia's asylum seeker policy and human rights record. Erika Feller said justified criticism of Austalia's asylum policy was made at the 2nd periodic review. After the first review Australia gave assurances of complying with the 1951 UN Convention but those assurances were not meet,
.she said the periodic review gave a chance for other countries to ask questions, seek clarifications and point out the right direction in conformity with international norms.
She said there was a need for Australia to rethink its asylum seeker/detention policy and become a leader for the world community.
Sincerely,
Rajend Naidu

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Aaram Se link
12/11/2015 09:42:26 am

Well done Felix,Dan and all those support executives for getting the resolution adopted.In Fiji there is widespread abuse workers' rights and workers are exploited on a daily basis..The minimum labor wage per hour is criminal.How could the workers survive with those kind of wages?The workers in all sectors are crying foul but the government keeps a blind eye.The reason for this is well known.The Government does not want any one,organization,union or individual to oppose their rules for fear of industrial action which has a great potential to get the government crippled.Keep up the hard work,Felix and the team.There are silent supporters observing your hard work,give the workers what they deserve and that in all fairness.We are with you.

Reply
rajend Naidu
12/11/2015 09:15:27 pm

Editor,
KEEP THE PRESSURE
That is the title of David Vertigan's letter to the Age 13/11. It speaks to the Fiji situation as well to bring about change in the Fijian government's policy on workers' rights.
David writes :
" it is little surprise that Australia has been condemned by the UN human rights review. Our asylum seeker policies, particularly mandatory detention, third- country settlement, boat turn- backs and Temporary Protection Visas are measures which serve no genuine purpose other than to punish the most vulnerable. It has been obvious for several years that neither the Coalition nor Labor Party cares about human rights or our international obligations. HOPEFULLY INTERNATIONAL PRESSURE WILL SUCCEED WHERE COMMON DECENCY AND RESPECT FOR THE RULE OF LAW HAS BEEN FOUND FUNDAMENTALALLY LACKING ( my emphasis ).
The same is true for Fiji where the government has been found not prepared to do the right thing by the workers in the country on its own steam. It is now up to the ILO to put the pressure on Fiji to abide by the ILO conventions.
It is good to see the ILO is on the right track with regard to Fiji just as the UN human rights council is with regard to Australia.
Sincerely,
Rajend Naidu

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