Dissenting Report — Senator Julian McGauran (Deputy Chair), The Hon
Kevin Andrews MP, Senator Simon Birmingham, Senator Michaelia Cash, Mr John
Forrest MP, Mr Luke Simpkins MP
Coalition Senators and Members dissent from the majority
recommendation to accede to the Optional Protocol to the Convention on the
Elimination of all Forms of Discrimination Against Women (Convention).
Background
In 1983, Australia ratified the United Nations Convention.
As a party to the Convention for over twenty five years, successive
governments, both Labor and Coalition, have implemented the necessary policy
and legislative changes to uphold Australia's commitment to the Convention. Equally,
Australia has met its obligation to report, every four years, to the United
Nations Committee its progress in fulfilling the Convention’s requirements.
In 2003, Australia released the combined Fourth and Fifth
Reports on Implementing the United Nations Convention on the Elimination of all
Forms of Discrimination Against Women. Australia will submit the combined
Sixth and Seventh Report to the Convention committee in 2008.
The 2003 Report clearly highlights not only the Coalition’s
commitment to the Convention but significant advancement in eliminating
discrimination against women since Australia’s last periodic Report (1999).
For example, from the report:
“Australia is widely regarded as a world leader in its
efforts to tackle domestic violence. The Prime Minister’s Partnerships
Against Domestic Violence initiative has implemented a wide range of
measures aimed at early intervention and prevention, as well as the improvement
and expansion of services for victims, including children. This initiative has
achieved an effective and committed collaboration of State and Territory
Governments through the Commonwealth Government leadership, with consequent
significant developments in policy approaches to violence against women.
Addressing domestic and family violence in Indigenous communities is a major
element of the initiative.”[1]
Reasons for Australia not to accede to the Optional Protocol:
The Optional Protocol was adopted by the United Nations on 6th October 1999 and provides for a complaint process for an individual or
organisation of a signature country to a United Nations committee specialising
in discrimination against women.
As its title suggests, the Optional Protocol should be seen for
what it is, that is merely an optional addition to the Convention. It is the
Convention that sets out the main responsibilities of the signature countries,
not the Optional Protocol. The Optional Protocol should not therefore hold the
same weight or status as the Convention and should not be held up as crucial to
meeting the aims and obligations of the Convention.
Australia, unlike many other countries, has in place a
rigorous legislative and appeals process that can be triggered where an
individual or organisation believes discrimination has occurred. Such bodies
include the Australian Human Rights and Equal Opportunity Commission, , the Sex
Discrimination Commissioner, the Federal Court, the Administrative Appeals
Tribunal and the Commonwealth and various State Ombudsman.
It is worthy to note Australia’s ratification of the
International Covenant on Civil and Political Rights (ICCPR) includes non
discrimination between men and women as a protocol right. Further, under the
ICCPR there is an appeal process to a specialist United Nations committee which
individuals or organisations from Australia may access if they believe the
treaty protocols have been breached. The ICCPR, while not gender specific, is
never the less a forum available for women to make complaints in regards to
inequality and women’s rights.
Coalition Senators note that while the CEDAW committee in
considering alleged violations against State parties found violations in four
cases, none of the recommendations appear to have been fully implemented.[2]
Therefore, Coalition Senators believe issues of rights for
women in Australia will be further advanced through the continued development
of our own robust legal frameworks rather than being accountable to a panel
whose recommendations have never been fully implemented by any country to which
such recommendations have been made.
Conclusion
Coalition Senators and Members have made their conclusion
not to accede to the Optional Convention based on:
n Firstly, that Australia has strongly supported the principles of the Convention since 1983.
n Secondly, since
ratification, Australia has met its obligations under the Convention and
enhanced the standing of women as outlined in each of the four yearly reports up
to 2003.
n Thirdly, there is
adequate domestic redress for aggrieved parties in regard to discrimination
against women, most notably the Sex Discrimination Commission.
n Fourthly, there are
concerns regarding the membership of the CEDAW Committee.
Senator Julian McGauran
Deputy Chair
The Hon Kevin Andrews MP
Senator Simon Birmingham
Senator
Michaelia Cash
Mr John Forrest MP
Mr Luke
Simpkins MP