AIP107 The Australian Human Rights Commission - Critical Reflection

In this paper, I will reflect on the purpose of the Australian Human Rights Commission and how if it works in favor or against the Australian citizens. After reviewing the structure and workings of the AHRC, I will provide recommendations based on my understandings about the institution. With the help of the literature research, I will reflect on this topic. I have chosen the Australian Human Rights Commission because as a student it interests me to study and research on how the rights of the Australian population are being protected. The protection and respect for human rights is important for development and sustainability (Gunduz 2004). Australia is involved in seven major human rights treaties to meets its obligations on the international human rights laws but federally the Australian Human Rights Commission operates to meet the human rights obligations (VEOHRC n.d). ‘The Commission is responsible for monitoring Australia’s compliance with its international human rights obligations’ (Triggs 2013). 

The Australian Human Rights Commission(AHRC) plays a crucial role in managing the culturally diverse population of Australia by focusing on providing leadership in human rights issues in the country, educating the diverse population and engaging it to create a stronger human rights culture in the country (AHRC 2009). It was formed in 1986 and given statutory responsibilities under three federal laws: Racial Discrimination Act 1975 (the RDA), the Sex Discrimination Act 1984 (the SDA) and the Human Rights and Equal Opportunity Commission Act 1986, with each category appointed with a full time commissioner. After its formation, the AHRC gradually achieved several milestones with the structure inclusive of a president, under whom there are commissioners for indigenous people, age discrimination, children, disability discrimination, human rights, race discrimination and sex discrimination (AHRC 2018). Then there is a chief executive who is accountable to the president and there are officers who are appointed to cater to the policy and programs, communications, legalities, finances, HR, IT and investigation and conciliation services (AHRC 2018).  Along with the accomplishments of the AHRC, the main objectives were to empower the people to value human rights, understand and exercise them with the help of the individuals, groups and government and securing an Australian Charter of rights through open communication and education, and innovative and respectful environment (AHRC 2009). The Commission also had the power to resolve issues such as the breach of human rights, to develop human rights educational programs, to undertake research on human rights and discriminating issues and to provide legal advices to courts for assisting human rights cases and to parliament and governments to establish policies and laws (VEOHRC n.d). (AHRC 2018, p 23). 

Burridge and Ozdowski (2014) note that the government allocated approximately seven million Australian dollars to the AHRC to promote human rights values and education across the community. Moreover, there were inquiries regarding ‘…the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families; the 1993 National Inquiry on Human Rights of People with Mental Illness, and the 2005 follow up report Not For Service - Experiences of Injustice and Despair in Mental Health Care in Australia’ to address the problems identified in relation to human rights. The main focus of Burridge and Ozdowski (2014), however, is on the educational developments brought up by the AHRC, which is one of the agendas that it worked on. The AHRC resolves the issues and enquires about the complaints generated through discrimination and disparagement in the community and provides protection for the right of freedom of religion or belief under article 18 of the International Covenant on Civil and Political Rights (AHRC Submission 2017). There is a strategy developed by the Race Discrimination Commissioner and the AHRC with the purpose of preventing and reducing racism and creating awareness of racism and how it affects the individuals and communities. The antiracism strategy attends to the community through consultation held across the states and reviewing submissions and surveys, to further handle racism problems by working on existing measures. ‘The Racial Discrimination Act promotes equality before the law and prohibits discrimination on the basis of race, color, descent and national or ethnic origin’ (AHRC 2019). The AHRC also supports the UN Declaration which underpins engagement and interaction of the Aboriginal and Torret Islanders in order to protect their rights, giving weightage to their self-determination (AHRC 2010).