PLEA Network

8 October 2015, The Conversation, FactCheck: does Australia co-operate with the UN on its human rights obligations? At its narrowest interpretation, Brandis is correct: at a purely procedural level, it is true that Australia does comply with its formal obligations to report to the UN, and has issued an open invitation for UN investigators called Special Rapporteurs to visit. However, taken more broadly, Brandis overstates Australia’s human rights record i relation to the UN. Australia has been widely criticised, including by the UN, for its weak compliance with substantive obligations to respect, protect and fulfil human rights. Australia and the UN The “UN envoy” that Insiders host Barrie Cassidy mentions is United Nations Special Rapporteur on the Human Rights of Migrants, Francois Crepeau. To understand Brandis’ reply, we must first understand the role of a Special Rapporteur. The UN Human Rights Council is a body established by the UN General Assembly to oversee human rights compliance by UN member countries (“states”). The UN uses what it calls “special procedures” for this purpose, such as Special Rapporteurs, Independent Experts and Working Groups, to investigate and report on human rights issues, or the situation in particular states. Current issues under investigation include education, food, freedom of expression, and indigenous peoples. A special procedures visit to a state is only by invitation, and so a request is made for an invitation from a state. Some states issue the requested invitation and some don’t. Some states have issued a standing invitation, indicating a willingness to receive visits at any time. Australia issued a standing invitation in 2008, before which it agreed to every request it had received. Under the standing invitation, Australia has received special procedure visits on Indigenous people, health, foreign debt, and people trafficking; previously it received visits on freedom of religion or belief, contemporary forms of racism, arbitrary detention, and adequate housing. Read More here