This is really terrible!
>>> "Trudy Bray" <[EMAIL PROTECTED]> 09/06/00 10:15am >>>
The Canberra Times
Tuesday, 5 September, 2000
Row over protocol on torture victims
By ROSS PEAKE
Political Correspondent
Australia is considering withdrawing from another United Nations
convention - on torture - and might deport illegal immigrants before
their claims of torture are heard.
However, the Department of Foreign Affairs and Trade has warned
the move would be an overreaction which could damage Australia's
credibility.
The two-pronged government strategy is in response to what it
says
is abuse of the system to delay deportation.
It was revealed as Prime Minister John Howard left yesterday for
the
United Nations Millennium Summit in New York, saying he would
defend Australia's downgrading of cooperation with UN committees.
The Government will veto nearly all visits by UN human rights
investigators in response to what it says is unjustified criticism and will
not sign or ratify a protocol to the Convention on Eliminating all forms
of Discrimination Against Women.
Mr Howard said he would not be embarrassed explaining his decision
to UN Secretary-General Kofi Annan because Australia was a
founding member of the UN and was keen to work with the
organisation.
The row over torture victims blew up from departmental
correspondence leaked to the Labor Party.
Opposition Leader Kim Beazley said Immigration Minister Philip
Ruddock's departmental secretary wrote to his counterpart in Foreign
Affairs and Trade last October advocating Australia's withdrawal from
the complaints process of the convention against torture.
DFAT replied the withdrawal could been seen as an overreaction
because of the small number of people using the complaints
procedure.
"Given the leading role Australia has taken on treaty body reform,
withdrawal would damage our credibility and undermine our reform
efforts," DFAT said.
"It might also be perceived, both domestically and internationally, as
demonstrating a lack of commitment to human rights and subject
Australia to criticism from non-government organisations and the
wider community.
"Since there have been only seven cases brought against Australia
under this process in the seven years Australia has been a party to
the procedure, of which only one has been decided adversely,
withdrawal might be regarded as a disproportionate response by the
Australian government.
"Consequently DFAT would not be able to support such a step."
Mr Ruddock said the complaints system was being abused, resulting
in delays of up to two years in deporting illegal immigrants.
"So far as this government is concerned, if people are making
manifestly unsound claims and we are asked by the complaints
mechanism to withhold removal, we will no longer automatically
accept that recommendation," he said.
People use the process, which seeks ministerial discretion if there are
claims under the torture convention, after they have been through
the refugee process and before the courts.
Mr Ruddock said one person who had used the system had been
found to have no credibility and 18 people were now pursuing similar
claims.
He said Holland and Canada had refused to accept advice from the
complaints mechanism and had removed nationals making those
complaints. A parliamentary inquiry has found detention facilities for
illegal immigrants were professionally run with adequate facilities for
inmates.
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