Transcript Slide 1

National Human Rights Action Plan
Anna Brown
www.hrlc.org.au
Outcomes
• Learn more about the National Action Plan process
• Critique the Baseline Study
• Identify potential action points for the National
Action Plan
Workshop Overview
• Presentation – Introduction & Background
• Group Discussion – Critique of Baseline Study
• Presentation – Nation Action Plans
• Focus Groups – Action points for the NAP
The Process
 Initial Consultation (Dec 2010 to Feb 2011)
 Draft Baseline Study (July to August 2011)
 Draft National Human Rights Action Plan (?)
 Further Consultations by AGD (?)
 Suggested release of Plan by Dec 2011
Three Areas for Advocacy
• The Government Process
• The Baseline Study
• The National Action Plan
Background
National Human Rights Consultation (2008 - 2009)
• Extensive consultation (35,000 + submissions & 66
roundtables)
• Over 80 per cent of the submissions (almost
28,000) called for the enactment of an Australian
Human Rights Act.
• ‘after 10 months of listening to the people of
Australia, [there is] no doubt that the protection
and promotion of human rights is a matter of
national importance.’
Background
Human Rights Framework (April 2010)
• Human rights education across the community
• Parliamentary Joint Committee on Human Rights
• Legislation to ensure new Bills are accompanied
by statements of compatibility in relation to human
rights
• Consolidation of federal anti-discrimination laws
• Annual NGO Human Rights Forum
• National Action Plan on Human Rights
Background
• United Nations
• Australia took the lead on NAPs in 1993
• Adopted by other States
• UN Handbook
• Two Previous NAPS 1994 & 2004 - Best Forgotten
What are National Action Plans ?
A plan to outline future action for the promotion
and protection of human rights in Australia
• Specific goals and practical actions to be taken
to better protect and promote human rights
• must be based on independent studies on how
human rights in Australia are currently protected
(baseline study).
• analyse what measures need to be taken to
remedy or improve the situation.
• set out specific actions to be taken
What are National Action Plans ?
Limitations
• Not legislative or enforceable
• No international accountability measure
• Vague & overly ambitious
• Broad but shallow – management is difficult
• Difficult to generate State & Territory action
What are National Action Plans ?
Benefits
• new commitments
• practical – achievable targets & realistic
activities
• Encourage good public administration
• Comprehensive & structured – less gaps?
• Less confrontational
• Resource allocation
What are National Action Plans ?
• Baseline Study = what is wrong?
A comprehensive report on the status of human
rights in Australia
• National Action Plan = how are we going to fix
it?
A plan to outline future action for the promotion
and protection of human rights in Australia
Baseline Study
• Map out the extent to which rights are being
realised in Australia – identify priority issues.
1. Focus on human rights concerns
2. Establish a set of indicators for each area of
concern.
• Indicators provide a starting point from which to
measure and monitor human rights over time.
• However, data for some indicators may be
insufficient.
Baseline Study - New Zealand Example
• New Zealand Baseline Study – substantial,
comprehensive and credible assessment of where
New Zealand stood at the time.
• Concluded by listing where NZ did well and where
it needed to do better.- “Priority Areas for Action”
• Frankness – positive
• Lack of ownership by Government – negative
UPR Process
• 90% recommendations accepted in full or “in part”
• Accepted recommendations will “go into” NAP
• Recommendations “accepted in part”
• Rejected recommendations
Draft Baseline Study
Builds on findings of 2009 human rights
consultations to present a picture of the status of
human rights in Australia by:
1.
outlining relevant statistics and research
2.
noting relevant UPR recommendations
3.
highlighting government initiatives
4.
proposing issues a NAP could address
Focus Group Discussion
Baseline Study should identify human rights issues
and priorities
1. Does this draft succeed?
2. What does it/ should it consider beyond the UPR
recommendations?
3. What are the gaps in sources, evidence, data?
Purpose of National Action Plan
• Specific goals and practical actions to be taken
to better protect and promote human rights
• must be based on independent studies on how
human rights in Australia are currently protected
(baseline study).
• analyse what measures need to be taken to
remedy or improve the situation.
• set out specific actions to be taken.
A Successful National Action Plan
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Quality of consultation
Good Baseline Study
Identification of targets and timeframes
Be ‘action-oriented’ and not seek merely to justify
existing policies
implement international human rights obligations
Deal with all human rights
Effective management structures & political
oversight
Be a truly national undertaking
Adequate resources
Effective monitoring, review and evaluation
What are action points?
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Reflect Government commitment
No vague promises
Achievable, specific targets with actions
Identify person and entity responsible for
implementation
• Include monitoring and review
Example - New Zealand NAP
Outcome:
Every child and young person in New Zealand has an
adequate standard of living
Priorities for Action
1. Ensure access to adequate and affordable housing for all
children, young people and their families.
2. Ensure that families with dependent children have an
adequate income to meet the needs of those children
regardless of their source of income.
Example - CEDAW Action Plan
• Action Point 3: To Contribute to the equal participation of
specific groups of women on public and private boards the
following initiatives should occur:
• Data on women’s participation on public & private boards
disaggregated & publicly available.
• Govt must allocate funding to AICD to meet at least 25%
of demand for training (as established in the 2010
application process) and establish within this process
targets to support training for Aboriginal & Torres Strait
Islander women, WWD and CALD women.
• As part of the broader discussion around a 30% target for
female board participation, additional targets must be set
within 2 years for these classes of women.
Example - CEDAW Action Plan
Action Point 16:
Govt must instigate a temporary special measure
to enable women with disabilities to take on
leadership positions, in the form of a program that
is separate to training for board and sector-specific
advisory group representation, with targets for
participation in mainstream advisory groups by
2014.
Examples - CEDAW Action Plan
… implement and adequately fund the National Action Plan
to Reduce Violence against Women & Children…
…establish and fund an independent body to monitor and
evaluate the National Plan’s implementation, which includes
involvement from key NGOs.
…amend the family law system and legislation to better
protect the safety of women and children.
…a 20% reduction in the turn away rate of family violence
shelters by the 2012 reporting period.
WWD - CEDAW Action Plan
Action Point 12: Govt must commission and fund a
comprehensive assessment of the situation of women with
disabilities in Australia within two years, in order to establish
a baseline of disaggregated data against which future
progress towards CEDAW rights can be measured.
Action Point 15: Govt must enact universal, national
legislation which prohibits non-therapeutic sterilisation of any
child unless there is a serious threat to health or life, and
prohibits non-therapeutic sterilisation of any women in the
absence of fully informed and free consent, by the 2014
CEDAW reporting period.
Group Discussion – Action Points
• Drawing on the issues identified earlier, what
specific actions would you recommend?
• Priority Area for Action
• Outcome
• Data
• Target
• Action(s)
• Responsible entity
• Monitoring & review
Resources
www.humanrightsactionplan.org.au