Outline of Responses

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International Non-legal response - Working Group on Arbitrary Detention

The Working Group on Arbitrary Detention is a group of independent experts. The group is authorised by the United Nations. They conduct research into the whereabouts of people who have been detained through seeking information from Government, inter-governmental and non-governmental organisations. They also monitor human rights violations. They then send appeals to governments in regards to the whereabouts of these people. Between 2009 and 2010, the Working Group transmitted 12 urgent appeals to 56 governments concerning 844 individuals.  There are five members of the Working Group from Senegal, Pakistan, Chile, Norway and Ukraine. They make visits to countries to better understand what deprivations of liberty may be occurring. They also suggest ways in which to avoid arbitrary arrest or detention from happening.

Image from: http://ghulamazam.net/
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International Legal Response - Universal Declaration of Human Rights (Article 9)

The primary purpose of the UDHR was to define what was meant by “human rights” in the UN Charter. While the treaty itself is not legally binding, it is binding on all member states who sign it. It has become one of the most important international human rights documents. It is so significant that some experts consider it International Customary Law. It is described as effective because if any of its articles are violated by a country, immense pressure is put on that country by the rest of the international community. However, the international community cannot make certain states do anything they don’t agree to because of the concept of state sovereignty. Article 9 specifically deals with the arbitrary detention of people.

Image from: https://www.humanrights.gov.au/

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Domestic Legal response - The Australian Human Rights Commission

The Australian Human Rights Commission is a statutory body funded by the Australian Government., They have a responsibility to conduct research and investigate potential infringements of anti-discrimination legislation. They also make recommendations to the Australian Government in regards to human rights issues such as Australia’s mandatory detention system for refugees. They are recognised as a national human rights institution internationally and have the ability to present findings to United Nations Committees in regards to Australia’s compliance with international human rights law. The AHRC have suggested improvements to immigration programs that may help Australia to comply with their human rights obligation. The AHRC was established from the Australian Human Rights Commission Act, 1986. This act allows the AHRC to relate to International treaties such as the International Covenant on Civil and Political Rights.

Image from: https://www.humanrights.gov.au/

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Domestic Non-legal response - Amnesty International Australia

Amnesty International Australia aim to inform people and inspire action to stop human rights violations from being carried out. They aim also to inform people that seeking asylum in Australia is legal and that most of them are found to be genuine refugees. AIA is urging action to stop asylum seekers being taken to detention centres such as Christmas Island and Manus Island. It is required of Australia, according to international law to process asylum seekers in Australia. One of their main goals is to put an end to indefinite mandatory detention. They aim to ensure that the government meets its international human rights obligations.

Image from: http://www.abc.net.au/

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