BryskAlison, Global Good Samaritans: Human Rights as Foreign Policy (2009) 31.
2.
Ibid.
3.
Ibid.
4.
See generally, Brysk, above n 1.
5.
There is strong evidence, for example, that Canada's domestic Charter of Rights and Freedoms and its foreign policy on ‘Human Rights, Democracy and Good Governance’ have formed a virtuous circle and been mutually reinforcing: see, eg, ArbourLouise, ‘The Responsibility to Protect and the Duty to Punish: Politics and Justice in a Safer World’ (2001) 59Behind the Headlines1; Brysk, above n 1, 91, 226.
6.
For example, Australia should consider joining the Human Security Network, a group of like-minded states such as Canada, Ireland, Costa Rica and Norway, formed to further develop and enact the ‘human security agenda’, including the ‘responsibility to protect’ doctrine <humansecuritynetwork.org/menu-e.php> at 29 October 2009.
7.
Brysk, above n 1, 6.
8.
Ibid7.
9.
See, eg, Brysk, above n 1, 224. See also YoungIris Marion, Inclusion and Democracy (2000) and SenAmartya, Development as Freedom (1999).
10.
Brysk, above n 1, 7.
11.
In this regard, Brysk notes ‘a lack of reinforcing regional support networks’ as a potential impediment to Australia's becoming a Global Good Samaritan: Brysk, above n 1, 229.
12.
HoganAshley, Moving in the Open Daylight: Doc Evatt, an Australian at the United Nations (2008) 39–43.
13.
It is notable, in this regard, that the ASEAN states have recently agreed on the establishment of an ASEAN Intergovernmental Commission on Human Rights, albeit an institution which does not have a clear protection mandate, is committed to a principle of ‘non-interference in internal affairs’, and arguably lacks independence. These deficiencies notwithstanding, the establishment of the Commission is clearly a positive development.
14.
For an example of a leading state in this regard, see Ministry of Foreign Affairs (Netherlands), Human Dignity for All: A Human Rights Strategy for Foreign Policy, <minbuza.nl/dsresource?objectid=buzabeheer:53627&type=org> at 29 October 2009.
15.
See Department of Foreign Affairs and Trade (Australia), Australia: UN Security Council Candidate 2013–2014 (2009) <dfat.gov.au/un/unga.html> at 29 October 2009.
Australia is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
In a similar vein, see above n 14. The Policy commits the Netherlands to 100 concrete activities to advance human rights in six priority areas, being: (1) abolition of the death penalty; (2) an absolute ban on torture; (3) the relationship between freedom of religion and other rights and freedoms; (4) women's rights; (5) children's rights; and (6) non-discrimination on the basis of sexuality.
Proclamation of Teheran, Final Act of the International Conference on Human Rights, UN Doc A/CONF.32/41 (1968) at [13].
28.
International Development Strategy for the Second United Nations Development Decade, UN General Assembly Resolution 2626 (XXV), 24 October 1970, [43].
29.
The development assistance target of 0.7 per cent of GNI was most recently reaffirmed at the Follow-up International Conference on Financing for Development to Review the Implementation of the Monterrey Consensus, held in Doha from 29 November to 2 December 2008.
30.
Committee on Economic, Social and Cultural Rights, General Comment No 3: The Nature of States Parties Obligations (1990) [14].
The Netherlands' Memorandum on Human Rights Policy (2001) and Canada's Policy for CIDA on Human Rights, Democratization and Good Governance (1996) <acdi-cida.gc.ca/inet/images.nsf/vLUImages/HRDG2/$file/HRDG-Policy-e.pdf> at 29 October 2009, provide valuable guidance in this regard. See generally, KinleyDavid, Civilising Globalisation: Human Rights and the Global Economy (2009) 93–114.
36.
RuggieJohnProtect, Respect and Remedy: A Framework for Business and Human Rights, UN Doc A/HRC/8/5 [3] (2008).
37.
Ibid.
38.
Ibid [9].
39.
The mandate was itself extended to, relevantly, develop ‘concrete and practical recommendations on ways to strengthen the fulfillment of the duty of the State to protect all human rights from abuses by or involving transnational corporations’: UN Human Rights Council, Mandate of the Special Representative of the Secretary General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises, Resolution 8/7 (18 June 2008) at para 4(a).
For a more detailed discussion of these proposals, see Human Rights Law Resource Centre, Engage, Educate, Empower: Measures and Initiatives to Promote and Protect Human Rights (Submission to National Human Rights Consultation, April 2009) 46–53 <hrlrc.org.au/content/topics/equality/engage-educate-empower/> at 29 October 2009.
The issue is also the subject of a joint parliamentary committee, the Joint Committee on Foreign Affairs, Defence and Trade, which has been tasked to inquire and report on ‘human rights mechanisms and the Asia-Pacific’: see <aph.gov.au/house/committee/jfadt/asia_pacific_hr/index.htm> at 29 October 2009.
The Hon Stephen Smith, ‘Australia's New Approach to the Pacific’ (Speech to the Australian Institute for International Affairs, Melbourne, 7 August 2008) <foreignminister.gov.au/speeches/2008/080807_AIIA.html> at 29 October 2009.
Principles relating to the Status of National Institutions (Paris Principles), UN GA Res 48/134 (1993).
52.
See, eg, Brysk, above n 1, 91, 226.
53.
For a useful summary of these issues, see the recent Concluding Observations on Australia by the Human Rights Committee (UN Doc CCPR/C/AUS/CO/5 [2 April 2009]) and the Committee on Economic, Social and Cultural Rights (UN Doc E/C.12/AUS/CO/4 [22 May 2009]
54.
The Hon Daryl Williams (Media Release, 19 March 1999).
LesterAnthony, ‘Parliamentary Scrutiny of Legislation under the Human Rights Act 1998’ (2002) 33Victoria University of Wellington Law Review1, 2.
63.
Above n 53, [8].
64.
CESCR, above n 53, [11].
65.
Human Rights Committee, above n 53, [8] and [12].
66.
Above n 64, [10].
67.
National Human Rights Consultation Committee, Report of The National Human Rights Consultation (2009), 278–9.
68.
Report of the National Human Rights Consultation, Recommendation18.
69.
Brysk, above n 1, 225–6. Analogously, Brysk states ‘Canada's adoption of its Charter of Rights and Freedoms successfully inspired international rule of law promotion efforts, which in turn contributed back to Canadian jurisprudence via developments in international human rights law’: at 226. Conversely, as an example of how failure to promote human rights at home can hinder protection abroad, she claims ‘Canada's lagging performance on aboriginal rights at home eventually undermined an initially promising record of principled international promotion of indigenous peoples’: at 226.
See generally, the Australian Human Rights Commission Act 1986 (Cth) s 11(1); Human Rights and Equal Opportunity Commission, Annual Report 2007–2008 (2008). The AHRC is responsible for administering the following Commonwealth laws: Age Discrimination Act 2004; Disability Discrimination Act 1992; Racial Discrimination Act 1975; Sex Discrimination Act 1984 and Human Rights and Equal Opportunity Commission Act 1986. The AHRC also has specific responsibilities under the Native Title Act 1993 (to report on the exercise and enjoyment of the human rights of Indigenous Australians with regards to native title, a role specifically undertaken by the Aboriginal & Torres Strait Islander Social Justice Commissioner), and the Workplace Relations Act 1996 (in relation to federal awards and equal pay, a role specifically undertaken by the Sex Discrimination Commissioner).
72.
See further, Legal Aid Queensland, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Sex Discrimination Act 1984 (Submission No 26, 2008) 1.
73.
Australian Human Rights Commission, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Sex Discrimination Act 1984 (2008) [627].
