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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 573 ..

MS TUCKER (11.08): I just want to talk to the clause first before moving my amendment. Clause 31 is important. This clause links interpretation of this bill of rights to the ongoing discussion: the active and growing body of international law on which it is based. By implementing this international declaration in an act, we are connecting also to this body of law. Clause 31(1) states, “International law and the judgments of foreign and international courts and tribunals relevant to a human right may be considered in interpreting the human right.” In this bill, human rights are defined as those listed and derived from the International Covenant of Civil and Political Rights. However, it is abundantly clear in the international law that the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights are very much relevant to civil and political rights. I would like to quote again from the Human Rights Manual, signed, as I said, by Mr Downer.

I notice that, when Mr Stanhope was referring to Malcolm Fraser, the opposition were being very dismissive and quite insulting saying “old Malcolm”. Perhaps Mr Downer also needs to be dismissed as “old Alexander”. Mr Downer has certainly been supportive, in theory, of these international covenants. I will read from the manual, for the benefit of those who are interested:

The Universal Declaration is regarded as the basic cornerstone of the international human rights system and provides the foundation upon which the International Covenant on Civil on Political Rights (ICCPR), the International Covenant of Economic Social and Cultural Rights (ICESCR) and other international legal standards have been developed in relation to freedom from torture and racial discrimination, and the rights of women and children.

The universality and continuing validity of the Universal Declaration were reaffirmed by the international community in the 1993 Vienna Declaration and Programme of Action adopted by the Vienna World Conference on Human Rights, attended by 171 countries.

The Vienna Convention makes the point, quite clearly:

All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. Democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. In the context of the above, the promotion and protection of human rights and fundamental freedoms at the national and international level should be universal and conducted without conditions attached. The international community should support the strengthening and promotion of democracy, development and respect for human rights and fundamental freedoms in the entire world.

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