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The Sovereignty Stratagem

Devika Hovell is Director of the International Law Project at the Gilbert + Tobin Centre of Public Law, Faculty of Law, University of New South Wales. Website: http://www.ilals.unsw.edu.au This article is based on a paper given at the ANZSIL Conference in Wellington, New Zealand, July 2003. © 2003 Devika Hovell (text) © 2003 John Lynch (cartoon) It is a natural reflex to bridle at criticism from the outside — particularly when that criticism charges Australia with violating human rights. However, in Australia’s response to decisions by United Nations human rights treaty bodies, this defensive reflex has become more a concentrated campaign of defiance. On paper, Australia is a champion of the international human rights framework. Australia is a party to all the major UN human rights treaties, and has recognised the competence of five of the UN treaty bodies charged with monitoring state compliance with these treaties. Yet while Australia has agreed to the rules and acknowledged the umpire, it consistently refuses to comply with the umpire’s decision. While, on paper, Australia contributes significant support to the international human rights framework, in practice, Australia contributes more to the great human rights paradox, referred to by Falk, that many prominent countries adopting human rights treaties basically believe that human rights are only relevant for other countries. Contrasting Australia’s approach to its own human rights issues with its recent approach to countries such as Iraq, Afghanistan and Zimbabwe, it is hard to resist the impression that the Australian government views human rights as an item produced purely for export.