ALTERNATIVE
LAW JOURNAL
WHO CARES ABOUT HUMAN RIGHTS
ANYWAY?
The
Hon Justice Michael Kirby AC CMG
Justice
of the High Court of Australia
I do. You do. Readers of
this Journal do. Members of every minority (and there
are a lot of them) do. Millions of people overseas
do. That makes an awful lot of people who care about
human rights.
Even those who pretend that they do not
care change their spots immediately their own human rights,
or those of people close to them, are threatened.
If it were not so sad, it would be amusing to see how quickly
some people, with a hard-line attitude about the "war
on drugs", alter their perceptions when suddenly they
find that a person who has been contributing to the billion
dollar industry in illegal drugs, is a son or a daughter
or a spouse or other close friend. Then, at last,
they may come to see the issue as one of human rights.
I offer these remarks in the warm afterglow
of the successful Sydney Olympic Games. I did not
actually attend the events. But like millions of Australians,
I watched the competitors, pressing themselves to, and beyond,
the edge of human ability. I sat on the edge of my
seat in front of the television as Cathy Freeman made her
run. I did not expect to be moved by it at all.
The one thing I always agreed about with Justice Meagher,
in the New South Wales Court of Appeal, was a disdain for
sport But as I watched, I came to realise a
universal truth. Sport can unite people in peaceful
competition, plumb the depths of human abilities, test the
nobility and courage of the human spirit and emphasise things
that we can all understand, simply because we are humans.
Similar themes lie at the heart of human
rights. Searching for values that we hold in common.
Realising that there are some universal rights, despite
all the differences that race, religion, gender, history,
sexuality and other differentials give rise to.
In the Olympic ceremonies, there was
something for everybody. Certainly something for everybody
in Australia. The symbols of our country and its best
aspirations were reinforced. At the opening, women
alone carried the torch in the final lap. All of them
were champions. An indigenous Australian champion
lit the Olympic flame. The names of our competitors
(including some medal winners) illustrated the great variety
of the ethnic communities of contemporary Australia.
The Olympics were followed closely by the Paralympic Games,
with their celebration of the fact that "disability"
is not necessary an appropriate word where various forms
of human impairment are concerned.
In the closing ceremony of the Olympics
there were the comedians taking the mickey out of pretension,
the sentimental tunesmiths and musical stirrers, including
Yothu Yindi singing "Treaty". And at the
end of the parade, in imitation of the Sydney Gay and Lesbian
Mardi Gras, the "divas" and other drag queens.
None of these symbols would have been thinkable in the Australia
of the Melbourne Olympics of 1956. They show how far
our country has come in 44 years.
Symbols come comparatively cheaply.
Substance, not sentiment, is what ultimately matters.
Yet symbols can help to shape popular thinking. They
can also help focus Australia's attention, at a moment of
prime concentration, on the unfinished agenda for human
rights. The human rights of women. Of indigenous
peoples. Of ethnic minorities. Of the young
and old. Of people with impairments. Of gays,
lesbians, bisexuals and trans-gendered people. And
we should see all of these issues in a global context.
We should continue to strive for gold in the race for human
rights.
Certainly, after a century of our federal
Constitution, we can look at ourselves and, without too
much self-satisfaction, accept that our laws and institutions
are in a better shape than those of many countries.
Better than Fiji (whose sad recent story is told in this
part). Much better than Burma (whose oppressive and
cynical regime is also described).
Yet comparing our
laws and institutions with countries beset by military coups
and autocratic destabilisation, is scarcely a reason for
prolonged self-praise.
The other essays here address some of
the many issues of concern to human rights in Australia.
They have a flavour of the Northern Territory because this
part has been put together by the NT Editorial Committee.
Many concern the human rights of Aboriginal Australians,
necessarily at the top of the agenda. Others relate
to refugees, prisoners, the mentally ill and those facing
courts whose first language is not English. One reviews
the role of national human rights institutions and how they
need right-respecting civil societies to be truly effective.
Every reader will find opinions to agree
with, and to disagree with. There are some obvious
omissions. Doubtless everyone's priorities would be
different. But as we approach the centenary of our
national Constitution, we can take some encouragement from
the diversity of viewpoints expressed. From the fact
that our society facilitates diverse opinions. And
that our Constitution defends our right to express them.
In the second century of federation,
Australians must preserve and extend these features of freedom.
We must do better in our national commitment to uphold the
human rights of all. The Alternative Law Journal
is a useful antidote to legal complacency. This
edition is no exception.