Australia:
‘THE federal government has warned Human Rights Commission president Gillian Triggs that it “fundamentally disagrees” with the way her organisation has relied on foreign rulings that have no legal force in Australia.
The warning is contained in a letter that also accuses the commission of adopting “an expansive reading” of its own jurisdiction that “overlooks its legislative underpinnings”. It says the government is particularly concerned about the commission’s “reliance on jurisprudence from other states’ domestic legal systems and other documents which are not binding on Australia”…..’
The concerns are in line with last week’s criticism of the commission by Deakin University law dean Mirko Bagaric, who believes the commission was wrong to base a decision in favour of Indonesian killer John Basikbasik on an international treaty that does not have legal force within Australia.
Professor Triggs had recommended that Basikbasik, who has been assessed as a danger to the community, should be released from immigration detention and paid $350,000 compensation for a breach of his rights under the International Covenant on Civil and Political Rights. The government’s letter to the commission came three months after the Basikbasik case when the commission was about to conclude another case in which it proposed to rule against the government over what it said were breaches of the ICCPR. The Australian Human Rights Commission Act requires the commission to protect all human rights but parliament has not enacted a law making it possible to enforce rights outlined in the ICCPR. The government’s letter says the commission can arrive at its own views on the nation’s obligations under international treaties but it “fundamentally disagrees with the commission’s interpretations of Australia’s international human rights obligations”.
The government’s letter indicates that Professor Triggs is likely to face a broader range of questioning at Senate committee hearings next month. Liberal senators have already said they plan to ask her to explain the Basikbasik determination as well as the commission’s “whole agenda”.
Coalition senators are expected to again ask about a decision to delay the commission’s inquiry into children in immigration detention until after the election.
The growing criticism of the commission is at odds with the views of 25 human rights lawyers and academics who last week published an open letter supporting Professor Triggs and stating that the “relentless attacks” on her had been based on a misunderstanding of the commission’s role.
The case that triggered the latest flare-up concerned four Aboriginal men with disabilities who were being housed in a Northern Territory prison. Three had been unfit to face trial and the fourth had been found not guilty by reason of mental impairment.
The government’s letter accuses the commission of trying to hold the federal government responsible for the actions of the Northern Territory government and this failed to pay due regard to the allocation of responsibilities under the Constitution between commonwealth and states and territories. It also “overlooks the legislative underpinnings of the commission as a creature of commonwealth law and as such attempts to bring any human rights matter within the jurisdiction of the commission”.
This meant the commission’s report on the Aboriginal men was “glossing over the allocation of powers between the commonwealth and the government of the Northern Territory to arrive at a view that the commonwealth is responsible for the government of the Northern Territory. As we do not accept such an expansive reading of the commission’s jurisdiction, we have not addressed the merits of the arguments raised in any detail,” the letter says’
via The Australian. (subscription required)
“Your services will no longer be required. You would be wise not to list us as a referee on your resume.”
The end.
Though I have no love for the Liberals (or any politician) one day they’re going to learn that immediately upon taking office they must:
a) Fire any public servant making more than $100,000 who was apponted by Labour.
b) Introduce legislation requiring all public servants to be employed on six month contracts with no legal entitlement to renewal.
It’s not a silver bullet but it’s certainly a good means to flush the sewage once every few years. And who knows, public servants might (shock/horror) start to do their jobs in the hope of keeping them rather than act as political weapons.
No matter what the pollsters are telling Abbott, there is zero sympathy in the populace at large for public service unions, and frankly from what I hear half of the public service is fed up with them too.
I’d love to see that happen, Wombat.
I’d also take away all public funding of the “25 human rights lawyers and academics”. Let them go and earn a living in the real world.
Damn right. But of course, in the real world they’d be holding the stop/go signs at roadworks.
Not for long,they would cause too many wrecks.Garbage collection would match their skill level,with proper supervision of course.
The problem with relying on foreign law is that, somewhere, you can find whatever you want to support your position. It is the penultimate in cherry picking. The left over here has been calling for the U.S. to rely on foreign law for years as a way to get around minor obstacles, like our Constitution.
Sotomayor is a fan, if I recall….. that ought to be reason enough for automatic removal from SCOTUS.
Incredibly convenient, really.
Triggs: “This foreign law stuff is great”
Lackey: “How so, Maam?”
Triggs: “It turns out that in a lot of countries the government can simply execute whomever they want, whenever it suits them.”
Lackey: “That would certainly cut down on red tape.”
This is fantastic news. The Human rights people are nothing but scam artists
. They give rights to minorities, but absolutely nothing but more obligations to those normal people 
, who are able to make it on their own. If I had my way I’d get rid of the human rights people. They’re giving human rights to the wrong people
.
The only good thing about these sort of lawyers is the amount of tax they pay.
But they pay it out of taxpayer’s money, Warren.
True KG, so then their’s nothing good about them, unless they repent on their hands and knees.
After all the strong letters and questioning, is the Abbott government going to kick these suckers out to the kerb, the smart money isn’t on that.
Abbotts firmly taken on the strategy to deny his base and reach out to his enemies, just like all the other fools who’ve tried that, he too will have to find out the hard way.
It’s sad how quickly it’s all turned to poo, seems we’re doomed to a future of wallowing around in the poo, beholden to the stupid and ignorant.
It sure does, Mathew. I sometimes wonder who or what has so many so-called conservative “leaders” by the balls…..
Misleading information has got them KG. They’re afraid the world is about to be destroyed by pollution. Or they have people tell them that women are being violated non-stop by men. Or queers are killing themselves because they aren’t accepted. So they do something out of misinformation and fear.
But they never explain to people that Roast Busters were from Hollywood. And they never explain what hollywood means. The druids sacrificed people to their gods and when they did they used holly, and worshipped the holly god. And they used wood made out of oak. Is it any wonder in any hollywood movie someone gets violated, killed, raped, and robbed. And the roast busters people were from this background. Did the media tell us this. No, they wanted to make it look like a NZ problem, and no one else’s. This is misleading conduct.
The world is awash with misleading information and misleading conduct, Warren. And I don’t see any answer to it.
Aw KG, misleading conduct is a crime according to the fair trading act, if it is done in a monetary context. So I remember making a stunt in regards to the white ribbon society, letting 850 people know via fliers that white ribbon was giving misleading conduct in their biased hatred towards men half facts and half stories.
This time their posters don’t ask for money. I talked to a graduate lawyer who agreed that it was misleading conduct if they are asking for money. So now, that the message has finally been received, their posters don’t ask for donations. And that’s why their’s very few posters around.
” So I remember making a stunt in regards to the white ribbon society, letting 850 people know via fliers that white ribbon was giving misleading conduct in their biased hatred towards men half facts and half stories.”
Good for you, Warren!