Each year Amnesty International releases an assessment of the human rights realities in the majority of countries around the world, and each year it is a sobering reminder of how governments are failing to deliver on their human rights promises.
Our 2010 report shows that torture or other ill-treatment were practised last year in at least 111 countries, there were unfair trials in at least 55 countries, restrictions on free speech in at least 96 countries and prisoners of conscience imprisoned in at least 48 countries. 18 countries executed their own citizens. And the list goes on.
The achievement of universal human rights relies on the world’s governments being held accountable for their actions. It relies on the international community enforcing international law and seeking justice for the victims of human rights violations. All too often, however, powerful governments stand above the law on human rights and act only when it is politically expedient.
2009 was a year in which accountability and justice seemed a remote ideal for many, as people’s lives continued to be torn apart by repression, violence, discrimination, power plays and political stalemates.
In Burma, 2200 political prisoners remained behind bars, in extremely poor conditions and with insufficient access to food, water or medical treatment.
In China, thousands of people were executed, including a significant number for non-violent crimes and after unfair trials.
Detentions in Guantanamo Bay were ongoing despite the US Government’s promise that the facility would close - and no-one has yet been made to answer for the abuses committed there.
One would be hard pressed to imagine a more complete failure to hold to account those who abuse human rights than the international community’s paralysis over Sri Lanka.
As reports of abuses by both the Liberation Tigers of Tamil Eelam and the Sri Lankan military increased, the UN Security Council failed to intervene. At least 7000 people were killed - some have put the figure as high as 20,000. Meanwhile, the Sri Lankan Government dismissed all reports of war crimes by its forces and rejected calls for an international inquiry.
One year on, the situation for many groups in Sri Lanka remains volatile and dangerous. Despite the end of the conflict, persecution continues and thousands of people remain in camps. Human rights violations are rife and no-one is being held accountable.
So where does this lack of accountability leave the men, women and children facing extreme persecution in places such as Sri Lanka? Many have no choice but to try and escape, and a small fraction of those fleeing have chosen to seek protection in Australia.
The current Australian debate around asylum seekers is a glaring example of governments seeking to dodge their obligations under international law. Let’s not forget that asylum seekers are people; not mere statistics or pawns in some political game. We are talking about men, women and children - 90 per cent of whom are found to be genuine refugees who cannot return to their countries of origin because they face persecution.
Over recent weeks we have seen failures on the parts of both of the major Australian political parties in relation to the human rights of asylum seekers.
Despite professing its desire to be a leader in the Asia Pacific region and amongst the G20, in April the Government announced a freeze on the processing of asylum applications by Sri Lankan and Afghan nationals – a move that clearly breaches Australia’s international human rights obligations by discriminating against people on the basis of their nationality.
And just yesterday the opposition announced its plans to take Australia back to the darkest days of the Howard era in terms of its asylum seeker policy – an era in which many genuine refugees were forced to spend years warehoused in isolated detention centres.
In an effort to appear strong, the opposition is proposing the reintroduction of Temporary Protection Visas and the Pacific Solution, failed policies that punished vulnerable people for exercising their right to seek protection from persecution. These were policies that kept families separated, held genuine refugees behind bars and perpetuated fear and uncertainty for people fleeing violence and torture. As well as being inhumane, these policies broke international law.
Amnesty International’s findings from 2009 highlight that much more must be done to hold governments to account for their actions. That includes Australia. But the report also underscores the fact that some very important progress has been made. The report celebrates a landmark year for international justice.
For the first time a sitting head of state, President Omar Hassan Al Bashir of Sudan, was named in an arrest warrant issued by the International Criminal Court for crimes against humanity and war crimes in Darfur and Cambodia opened the UN-backed Khmer Rouge Tribunal.
In Peru, Alberto Fujimori was sentenced to 25 years in prison for overseeing torture, enforced disappearances and killings during his time as President.
States claiming global leadership have a responsibility to set an example when it comes to justice. Yet many members of the G20, including Australia, are failing to fulfil their promises.
Justice matters. Accountability matters. These are not abstract concepts. They are crucially important values for those who suffer violations. They deter human rights abuses and ultimately deliver a more stable and secure world.
Governments must uphold human rights, and those in power must stop focusing on political expedience, stop dodging their responsibilities and deliver on their promises.
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