National Human Rights Consultation Submission 

AGWW-7QALD5 

Name: Richard Creasy 

Submission Text: 

Having just attended the community consultation at Wollongong I
 
have great admiraton for the patience shown by the two facilitators in
 
trying to manage a hopelessly chaotic and messy process. Western demcracy
 
has to find better ways of getting the public involved in contributing to
 
the poltical process. The current model at all levels from local to federal
 
govt. is just not working. The politicians know this but there seems no
 
will to change things.
 

 
I think most people are probably in general agreement about the rights that
 
need to be protected. We have to have a Bill of Rights with compliance
 
monitored by the Human Rights Commission or some other organisation which
 
is politically independent. The big issue for me is how we ensure
 
compliance. Entrenchment is probably not vital. The US has an entrenched
 
Bill of Rights and look what happened at Guantanamo Bay.....and look at
 
what happened when a Supreme Court that had been stacked with Republican
 
nominees did almost nothing to address the situation.
 

 
Somehow we need to introduce a radical new system that will keep the
 
politicians honest. Some suggestions. Once a breach of the bill has been
 
found by the commission have no right of appeal to the courts. Judges can
 
be as bad as politicians in subverting the system. The only appeal should
 
be to a special panel composed of equal numbers of distinguished human
 
rights lay panellists and judges. Appointments to the panel and any changes
 
to the Bill should be totally non-partisan and made pursuant to a
 
referendum run at the same time as the federal elections.
 

 
There should be no public advertising or camapigns regarding the
 
appointments or changes except for general information purposes. (I realise
 
even that will be controversial but none of this is going to be easy)
 
Politicians and members of political parties should be banned from
 
contributing to the debate which should be organised only in the form of
 
non partisan public forums. Somehow we have to find a better and more
 
inclusive way of running these.
 

 
I realise there are major problems with any solution e.g. conflict between
 
different rights where enforcing one right in favour of one person will
 
conflict with other people's rights. We need a fair and just process for
 
addressing these conflicts - maybe a conciliation process where the person
 
discriminated against can sit down with others claiming to be affected by
 
the decision and agree a compromise solution.
 

 
I think think the adoption of something like the process followed by the
 
Truth and Reconciliation Commission in South Africa should be used by the
 
Human Rights Commission to help resolve disputes. It should be required to
 
follow this process in the event of a dispute (if practicable) before
 
making a rule on a discrimination issue.
 

 
Any bill or legislation needs to be at a Federal level and override state
 
legislation. But I believe the reality is that legislation and/or a Bill of
 
Rights are not going to solve the problem. Australians' values and belefs
 
have to change as well. That requires education but more than just in the
 
schools.
 

 
I think we need human rights ambassadors in every state and city who can
 
model the required behaviour and speak out where human rights are being
 
infringed - they should be able to name and shame organisations,
 
politicians, businesses and individuals who are breaching human rights.
 
Again these have to be non partisan appointments which is always a 

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challenge. Affirmative action - not sure. Has it worked in the US ?
 

 
I realise that whatever is taken to the govt from this consultation process
 
has to be politically acceptable or it won't get off the ground. But that's
 
no reason for sticking to the ways of the past. We have to be innovative
 
and come up with some radical approaches if we ever want real change to
 
happen.
 

 
Best wishes with your work.
 

 
Richard Creasy 

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