Prominent Australian refugee lawyer Julian Burnside has changed his mind in recent years: Australia does need a charter of rights and responsibilities, he now argues in ‘Watching Brief’. CLA member Keith McEwan reviews the book.
Lawyer changes his mind: Australia needs charter of rights
By Keith McEwan*
In his book ‘Watching Brief’, published late last year, noted refugee lawyer and human rights advocate Julian Burnside of Melbourne presents a powerful argument for a Charter of Rights and Responsibilities.
He does so as a recent convert, mentioning that until a few years ago he did not call for such a measure as he thought Australia simply did not need one.
Along with many others he considered that – with Australia being one of the most active supporters of the Universal Declaration of Human Rights in 1948 and a signatory to the International Covenant on Civil and Political Rights – no Australian government would pass laws that would betray basic human rights values. Mr Burnside then goes on to say that he was wrong and the past few years had convinced him that Australia needs a bill of rights.
In precise terms he cites Australia`s harsh treatment of asylum – seekers who were subject to arbitrary detention involving cruel, degrading treatment of children and adults amounting to torture and the use of solitary confinement. Other human rights violations were the Howard government`s complacent acceptance of the detention of two Australian citizens, Mr Mamdouh Habib and Mr David Hicks in Guantanamo, one held for five years without charge .
As well, there was the 2002 amendments to Australian security legislation permitting the incommunicado detention of people under suspicion, and the 2005 amendments permitting imprisonment for up to 14 days without trial and house arrest for up to 12 months without trial, with those held being denied access to the evidence used against them.
Mr Burnside claims that a constitutionally-valid charter of rights would prevent a government enacting laws that abuse the basic elements of our democratic rights which we take for granted .
A modern charter of rights would set out our key values which endorse freedom of thought, conscience and religion along with freedom of peaceful assembly, association and movement.
These rights must then be observed by parliament when making laws, especially in times of stress when fear and populism makes majoritarian rule look like mob-rule.
Mr Burnside convincingly explains why it is wrong to say a bill of rights abdicates democratic power in favour of unelected judges. Judges are the umpires who decide whether parliament has gone beyond the bounds of its power.
A charter of rights and responsibilities would formalise the human rights we take for granted as being essential and inalienable to our way of life.
– Keith McEwan, 22 August 2008.
the basic elements of our democratic rights which we take for granted .
A modern bill of rights would set out our key values which endorse freedom of thought, conscience and religion along with freedom of peaceful assembly , association and movement.
These rights must then be observed by parliament when making laws, especially in times of stress when fear and populism makes majoritarian rule look like mob-rule.
Julian Burnside convincingly explains why it is wrong to say a bill of rights abdicates democratic power in favour of unelected judges. Judges are the umpires who decide whether parliament has gone beyond the bounds of its power.
A bill of rights would formalise the human rights we take for granted as being essential and inalienable to our way of life.
– Keith McEwan, August 2008
Keith McEwan’s life has been fighting for freedoms and rights. Born in the shadow of Melbourne’s Pentridge Jail, he left school early for a factory job. There, and later on Melbourne’s wharves as a unionist and political party worker, he stood up and stood out for principles of equality, a fair go and the liberties of the little man. The fight for freedoms he began in his teens has lasted nearly seven decades so far.
Watching Brief: reflections on human rights, law, and justice
http://www.scribepublications.com.au/book/watchingbrief
ISBN (13): 9781921215490; RRP: $32.95; Pub: November 2007; Format: Pb; Extent: 320pp; Size: 234 x 153mm