24 August 2023
Submission: International Criminal Justice and Victims’ Rights: Missing Pieces in Australia’s Human Rights Framework
In July 2023, ACIJ provided its written submission to the Parliamentary Joint Committee on Human Rights to its Inquiry into Australia’s Human Rights Framework.
ACIJ’s submission focuses on the following terms of reference issued by the Committee:
⦁ to review the scope and effectiveness of Australia’s 2010 Human Rights Framework and the National Human Rights Action Plan; and
⦁ to consider whether the Framework should be re-established, as well as the components of the Framework, and any improvements that should be made.
The Committee also invited submissions on several other matters. Of these, our submission focuses on:
⦁ Whether the Australian Parliament should enact a federal Human Rights Act and, if so, what elements it should include (including by reference to the Australian Human Rights Commission’s recent Position Paper); and
⦁ Whether existing mechanisms to protect human rights in the federal context are adequate and if improvements should be made.
Primary focus of submission
ACIJ’s work focuses on seeking avenues for justice and accountability for victims and survivors of grave human rights abuses, including through the criminal justice system. ACIJ’s submission thus focuses on how international criminal justice and victims’ rights mechanisms are inherently linked with human rights, and how Australia’s commitment to human rights is incomplete unless it incorporates these mechanisms.
Our submission details how these mechanisms can be incorporated in a variety of ways:
⦁ The first part of the submission focuses on ways that Australia’s 2010 Human Rights Framework and 2012 National Human Rights Action Plan can be updated to include recognition and implementation of international criminal justice and victims’ rights mechanisms as a national priority.
⦁ The second part of the submission focuses on how an Australian Human Rights Act could consider victims of international crimes and serious human rights violations.
ACIJ’s submission argues that Australia must recognise and address the missing pieces of its commitment to human rights: international criminal justice and victims’ rights mechanisms. It makes the following recommendations:
Recommendation 1
Australia’s 2010 Human Rights Framework should be updated to recognise international criminal justice as a national priority.
Recommendation 2
Australia’s 2012 National Human Rights Action Plan should be updated to provide for the establishment of a permanent, specialist international crimes unit.
Recommendation 3
Australia’s 2012 National Human Rights Action Plan should be updated to include a commitment to ratifying and advocating for the universality of key international criminal law treaties.
Recommendation 4
Australia’s 2012 National Human Rights Action Plan should be updated to include a commitment to reviewing and improving its targeted human rights sanctions framework.
Recommendation 5
The Australian Government should commit to undertake an inquiry into how the rights of victims of international crimes can be better protected in Australia.
Recommendation 6
The rights of victims of international crimes should be reflected in a future federal Human Rights Act.
Image credit: Aditya Joshi on Unsplash
