Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/australi.txt

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TITLE:  AUSTRALIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995


                          AUSTRALIA


Australia has a federal system of government and a long history
as a multiparty parliamentary democracy.  Federal, state, and
local police carry out their functions in accordance with the
law, which respects and safeguards individual human rights.

A highly developed economy, which includes manufacturing,
mining, agriculture, and services, provides most Australians
with a high per capita income.  A wide range of government
programs offers assistance for the minority of relatively
disadvantaged citizens.

Laws provide for basic human rights; the Government respects
and enforces these laws.

The Government administers many programs to improve the
socioeconomic conditions of Aboriginals and Torres Strait
Islanders, who together form about 1.6 percent of the
population, and to address longstanding discrimination against
them.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killing.

The April 1991 report of the Royal Commission investigating the
deaths of Aboriginals and Torres Strait Islanders in official
custody stated that, although the deaths were not caused
deliberately by police or prison officials, "in many cases
death was contributed to by system failures or absence of due
care."  The Commission found that indigenous Australians died
at approximately the same rate as others in prison, but it
stressed that they were arrested at a rate 29 times that of
whites (see also Section 1.c.).

In a report issued in June, the Australian Institute of
Criminology stated that the number of Aboriginal deaths in
custody remained at 8 in 1993--the same number recorded for
1992, and significantly fewer than that for 1991 (12).
Further, the rate of deaths per 1,000 persons in custody in
1993 stayed significantly lower for Aboriginals than for others
(i.e., this was the case for the second straight year).  That
represented a notable improvement over 1991 data which attested
to a somewhat higher death rate among Aboriginal prisoners.

In terms of all prisoners, however, the Institute noted that
the total number of deaths increased to 74 in 1993.  This was
the highest figure recorded since 1987 and contrasted with data
for 1991 and 1992, in which the total number of deaths remained
essentially constant (65 and 64, respectively).

     b.  Disappearance

There were no reports of political disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The law prohibits all such practices, and the authorities
generally respect these prohibitions.  However, the Royal
Commission investigating the deaths of Aboriginals and Torres
Strait Islanders in custody indicated it had found credible
evidence that indigenous Australians had frequently been
mistreated while in custody.  It recommended several steps to
reduce the number of arrests and improve the treatment of
prisoners.  During 1994 federal and state authorities continued
to address the problem of deaths and mistreatment of indigenous
Australians in custody by means of police reform, including
improved detention procedures and training courses in
Aboriginal culture.

     d.  Arbitrary Arrest, Detention, or Exile

The law prohibits arbitrary arrest and imprisonment.  This
prohibition is respected in practice.

     e.  Denial of Fair Public Trial

A well-developed system of federal and state courts,
independent of the executive and legislative branches, ensures
the right to fair trial.  Both in law and in practice,
defendants enjoy rights to due process, including the
presumption of innocence, the right to confront witnesses, and
the right of appeal.  With regard to indigent defendants, all
Australian states except New South Wales oblige persons charged
with criminal offenses to meet a merit test before qualifying
for legal aid.  The purpose of the merit test is to save the
Government from "wasting funds on unwinnable cases."  Under
these procedures, many, but not all, defendants in serious criminal
cases have been found to deserve legal counsel.
Defendants who receive an unfavorable decision may appeal to a
panel of independent lawyers and social workers appointed by
the Legal Aid Commission.  The High Court has stated that it
would be an exceptional case in which a person accused of
serious charges could be tried fairly without a lawyer.

The Government provides legal counsel for all persons of
Aboriginal or Torres Strait Islander descent.  Defendants
appearing before a defense force magistrate are likewise exempt
from the merit test.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

By law, the authorities may not conduct searches without a
judicially issued warrant, and in practice they do not do so.
The Government respects the privacy of family, home, and
correspondence.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

A democratic political system, a highly professional judiciary,
and diverse, vigorous, and independent news media combine to
protect freedom of speech and press and full academic freedom.
Australia does not have a bill of rights, and from time to time
a few journalists have been subjected to court proceedings
aimed at compelling them to reveal confidential sources.  In
1994, however, there were no reports of such cases.

The Northern Territory and five of Australia's six states (all
but Western Australia) prohibit public disrespect, e.g., verbal
abuse directed toward police or other officials.  Spokespersons
for Aboriginal groups charge that these laws are enforced in a
racially discriminatory manner.

     b.  Freedom of Peaceful Assembly and Association

Although not codified in law, citizens exercise these freedoms
without government restriction.

     c.  Freedom of Religion

Australians have complete freedom of religion.  A provision in
the Constitution precludes the adoption of a state religion.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government imposes no restrictions on movement within or
outside the country and respects the rights of emigration and
repatriation.

The Government repatriates boat people whose applications for
asylum or humanitarian admission are denied.  In late 1992, the
Australian High Court upheld the Government's right to detain
boat people pending adjudication of their cases.

Representatives of the United Nations High Commissioner for
Refugees have commended Australia for speeding up official
processing of refugee claims, while recommending that the
Government adopt a policy of administrative release into the
community under appropriate safeguards.  Parliament's Joint
Standing Committee on Migration advanced a similar proposal on
March 2, recommending standardized procedures that would permit
release into the community of boat people detained for more
than 6 months, those whose continued detention resulted from
inaction or administrative error, and others who met specified
conditions.  The Government, however, rejects such proposals,
arguing that all unauthorized entrants and their children
should remain in detention until final disposition of requests
for asylum or refuge, even though administrative appeals and
lawsuits can take several years.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Australians elect representatives to a two-chamber federal
parliament as well as to numerous state and local bodies
through free and open elections.  Voting by secret ballot is
compulsory in general elections for Australians 18 years of age
and older.  Voters who do not at least collect ballots may be
fined, and fines are in fact levied.

Indigenous people participate fully in Australia's political
process, doing so as voters, members of political parties, and
candidates for elected office.

Although no legal impediments exist to prevent women from
holding public office, in practice, relatively few women are
elected to public office (e.g., only about 14 percent of
current Members of Parliament are women).  In September, the
Australian Labor Party (ALP) formally decided that, by the year 2000,
women will be 35 percent of its nominees for "winnable
seats."  The Liberal Party has likewise declared it wishes to
increase the number of female candidates, but it has not
adopted a specific quota.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Nongovernmental human rights organizations operate freely, and
the Government grants unimpeded access to all international
groups investigating alleged human rights violations.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

In a July report on equality before the law, the Australian Law
Reform Commission, a government-funded advisory body reporting
to the Attorney General on possible law reforms, concluded that
women face systemic discrimination within the legal system.
The Commission found that discrimination against women
permeates substantive law, judicial interpretation, and women's
access to appropriate legal services.  Although this reflects
women's unequal social and economic status, the Commission
believes that the legal system contributes to the inequality
and tends to perpetuate and exacerbate it.  The Commission
recommended the immediate establishment of a national women's
justice program in which the federal, state, and territorial
governments would work together to address women's needs in the
areas of legal representation, legal advice and referral,
community legal education, development of the law, research and
data collection, court processes, and facilities.

The Federal Sex Discrimination Act of 1984 prohibits
discrimination on the basis of sex, marital status, or
pregnancy.  The Affirmative Action Act of 1986 also obliges
employers to provide equal employment and equal promotion
opportunities for female employees.  The Department of
Industrial Relations and the Sex Discrimination Commissioner
receive complaints and attempt to resolve those that they find
valid.  They mainly do this by seeking to persuade employers to
comply with the law, but can also decide to refer complaints to
the Attorney General's Department and recommend legal action.
Overall, enforcement is reasonably effective.  Pay equity as a
legal right went into force on March 30.

In an effort to end violence against women, the Government
continued its community education campaign, begun in 1991 and
operating under a 3-year budget of about $2.3 million.  Social
analysts and commentators estimate that domestic violence may
affect as many as one Australian family in three or four.
However, government officials stress that, because of
underreporting and the lack of an agreed method for collecting
statistics, it is impossible to provide an accurate national
profile of the number of women who are victims of domestic
violence.  The Government is currently considering a national
survey on violence against women in order to provide baseline
data.

     Children

The Australian Institute of Health and Welfare estimates 20,000
children are victims of child abuse or are at significant risk
of abuse each year.  This is somewhat less than 0.5 percent of
persons under 17, but the president of the Australian Medical
Association stresses that many cases of neglect and abuse are
not reported.  The six states and two territories investigate
complaints of neglect or child abuse and institute practical
measures aimed at protecting the child (e.g., placement in
foster homes) when such complaints prove founded.

On June 30, Parliament enacted a law that prohibits sexual
relations and other indecent acts with children on the part of
Australians who are visiting other countries.  Offenders, as
well as organizers of travel for such purposes, may be
prosecuted in Australia.  The maximum penalty is 17 years'
imprisonment.  By year's end, no prosecutions under this law
had taken place.

     Indigenous People

The Racial Discrimination Act of 1975 prohibits discrimination
on grounds of race, color, descent, or national or ethnic
origin.  In practice, however, the community services provided
to Aboriginals and Torres Strait Islanders tend to be
distinctly inferior, and Aboriginal spokespersons charge that
police are less responsive to requests for law enforcement
services which originate in Aboriginal rather than in other
communities.

Even though Aboriginal Australians constitute about 1.6 percent
of the population at large, Aboriginal prisoners exceed 15
percent of the overall total.  In May Minister for Aboriginal
and Torres Strait Islander Affairs Robert Tickner criticized
the states' lack of action on various recommendations put
forward by the 1991 report of the Royal Commission on deaths in
custody.  "Across Australia," Tickner said, "There has been an
abject failure by state and territory governments to tackle
this deplorable overrepresentation" of Aboriginals in prison.
He called for a "radical reassessment" of criminal justice
policies.

In much of Australia, the incidence of arrest of Aboriginals
and Torres Strait Islanders for minor street crimes is
disproportionately high.  Public drunkenness remains a criminal
offense in three states (Queensland, Victoria, and Tasmania),
even though decriminalization was one of the 1991 Royal
Commission's key recommendations.  Drunkenness is no longer an
offense in New South Wales.  However, instead of being charged
with drunkenness, disproportionate numbers of indigenous
Australians are arrested for violating a provision of the
state's criminal code which proscribes "conduct ... in an
offensive manner in ... a public place."  New South Wales is
conducting small-scale trials of an alternative procedure that
would not require arrests under such circumstances.  In effect,
a court summons that would resemble a traffic ticket would
direct the offender to appear in court and answer charges on a
specified date.

The states have established racial-sensitivity training
programs for police officers, as well as advisory bodies and
other outreach programs which seek to improve police relations
with Aboriginal communities.  In spite of notable and
praiseworthy improvements in particular localities, there is no
evidence to suggest that current approaches have been effective
in reducing arrests nationwide.

Because Aboriginals are the most disadvantaged group in
relation to education, housing, health, and employment
(unemployment is three times the national average), the federal
and state governments provide special services which supplement
the broad range of programs that are available to all
Australians.  These special services are aimed at improving
socioeconomic conditions among indigenous Australians.  The
Aboriginal and Torres Strait Islander Commission gives
indigenous Australians control over many government programs
intended for their benefit.  The Council for Aboriginal
Reconciliation is coordinating a 10-year program to promote
better understanding between indigenous Australians and others.

Aboriginal spokespersons generally support federal and state
programs but often describe them as underfunded.  They note
that much of the underlying problem of racial discrimination
stems from deeply rooted personal attitudes and views and
express doubt that government programs will produce notable
results in the short run.  In addition, they question whether
federal and state police authorities have shown sufficient
diligence and energy in pursuing police reform.

Most Aboriginals and Torres Strait Islanders welcomed landmark
legislation (December 1993) which established federal tribunals
to adjudicate claims to land ownership by groups of indigenous
Australians who can demonstrate active association and
uninterrupted use (native title).  But most indigenous
Australians cannot meet this test, and Parliament is
considering draft legislation that would establish a national
trust fund to purchase land for them.

     People with Disabilities

The Disability Discrimination Commissioner, a member of the
Human Rights and Equal Opportunity Commission, promotes
compliance with federal law prohibiting discrimination against
the disabled.  The Commissioner also promotes more energetic
implementation and enforcement of state laws that require equal
access and otherwise protect the rights of disabled persons.

Section 6  Worker Rights

     a.  The Right of Association

Australian law and practice provide workers, including public
servants, freedom of association domestically and
internationally.  Approximately 40 percent of the work force is
unionized.

Unions carry out their internal functions free of government or
political control, but most local affiliates belong to the
state's branch of the ALP.  Union members must make up at least
60 percent of the delegates to ALP congresses, but unions do
not participate or vote as a bloc.

There are no restrictions on the right to strike.  Legislation
which went into force on March 30 for the first time legalized
what had long been a de facto right to strike.

Laws and regulations prohibit retribution against strikers and
labor leaders, and they are effectively enforced.  In practice,
employers tend to avoid legal remedies (e.g., secondary boycott
injunctions) available to them in order to preserve long-term
relationships with their unions.

Since 1992 the Federal Government has used its adherence to
International Labor Organization (ILO) conventions to override
state objections to new labor relations legislation.  Major
provisions (right to strike, parental leave, pay equity,
minimum wage, and protection from unfair dismissals and hiring
discrimination) of the 1994 legislation referred to above were
deliberately based on ILO conventions and recommendations, as
well as on broader U.N. conventions and covenants.

However, the official employers' representative to the ILO, the
Australian Chamber of Commerce and Industry, formally
complained to the ILO Committee on Freedom of Association in
June that the new legislation actually restricts employers from
bargaining freely with their employees without impediment
because it contains vestiges of the old system, namely
compulsory arbitration and centralized wage-fixing.  The ILO
has not yet issued a ruling on this complaint.

Unions may freely form and join federations or confederations,
and they actively participate in international bodies.

     b.  The Right to Organize and Bargain Collectively

Australian law and practice give workers the right to organize
and bargain collectively, and they protect them from antiunion
discrimination.

Officials administer centralized, minimum wage awards and
provide quasi-judicial arbitration, supplemented by
industrywide or company-by-company collective bargaining.

The Government's 1994 legislation aimed to facilitate
decentralized collective bargaining, keyed to individual
enterprises, in order to relate wage increases more directly to
gains in productivity.  Workers can trade fringe benefits for
greater wage increases, but must register their agreement with
the Australian Industrial Relations Commission, which insures
that they suffer no net disadvantage.  The legislation also
created an industrial relations court to adjudicate disputes,
especially the failure to bargain in good faith, arising from
the increased use of enterprise-level bargaining.

Export processing zones do not exist.

     c.  Prohibition of Forced or Compulsory Labor

Although there are no laws prohibiting it, forced labor is not
practiced in Australia.

     d.  Minimum Age for Employment of Children

There is no federally mandated minimum age for employment, but
state-imposed compulsory education requirements, monitored and
enforced by state educational authorities, effectively prevent
most children from joining the work force until they are 15 or
16 years of age.  Federal and state governments monitor and
enforce a network of laws, which vary from state to state,
governing minimum school-leaving age, minimum age to claim
unemployment benefits, and minimum age to engage in specified
occupations.

     e.  Acceptable Conditions of Work

Although a formal minimum wage exists, it has not been relevant
in wage setting since the 1960's.  Instead, 80 percent of
workers are covered by differing minimum wage rates for
individual trades and professions, all of which are sufficient
to provide a decent standard of living for a worker and his
family.  However, cottage industry work has grown recently,
especially in the clothing industry.  These workers, working at
home and paid by piecework, commonly earn less than $1.50
(A$2.00) hourly, not enough to maintain decent living
standards.  The ALP, at its September 1994 Congress, noted that
such workers are almost always women (frequently immigrants);
it urged the Government to investigate this phenomenon and
afford such workers the wide range of protections and
entitlements found in the formal labor market.

Most workers are employees of incorporated organizations.  For
them, a complex body of government regulations, as well as
decisions of the applicable federal or state industrial
relations commission, prescribe a 40-hour or shorter workweek,
paid vacations, sick leave, and other benefits, including at
least one 24-hour rest period per week.

Federal or state safety laws apply to every workplace.
The Occupational Health and Safety (Commonwealth Employment)
Act of 1991 gives a federal employee the legal right to cease
work if he or she believes that particular work activities pose
an immediate threat to individual health or safety.  Most
states and territories have laws that grant similar rights to
their employees.  At a minimum, private sector employees have
recourse to state health and safety commissions, which will
investigate complaints and demand remedial action.