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Australia, the UN and terrorism

By David Purnell - posted Friday, 16 March 2007


The Joint Committee’s report on the Kurdistan group recommended that the listing of the Kurdistan Workers Party be kept under active consideration taking into account (a) the number of Australians of Kurdish origin who may support the broad aims of the PKK without endorsing or supporting its engagement in terrorist acts, (b) whether it would be sufficient to proscribe the PKK’s military wing, and (c) the fluid state of moves towards ceasefires.

In a more recent report (December 2006) on the Review of Security and Counter-Terrorism Legislation, the Joint Committee recommended that (a) the Australian Government appoint an independent person of high standing as an Independent Reviewer of terrorism law in Australia; (b) the Independent Reviewer be free to set his or her own priorities and have access to all necessary information; (c) the Independent Review report annually to Parliament; and (d) the Intelligence Services Act 2001 be amended to require the PJCIS to examine the reports of the Independent Review tabled in the Parliament.

All this needs to be seen in the context of the ongoing detention of an Australian citizen - David Hicks - without trial at Guantanamo Bay at the behest of the US Government and with the support of the Australian Government. This case represents the dangers of anti-terrorism processes that appear to compromise Australia’s commitment to ensuring that human rights principles, endorsed repeatedly in UN resolutions on terrorism, are upheld.

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UNAA recognises the importance of seeking ways to prevent terrorist acts occurring. At the same time it is concerned to ensure that the rights of all people in Australia are adequately protected. Overall, UNAA believes that the law should err on the side of sustaining rather than restricting established human rights affirmed in the various international instruments to which Australia is a party.

The response to threats posed by groups that engage in terrorist acts needs to be global, underpinned by widely accepted standards of assessment and protection of rights. The United Nations is the best vehicle for that response.

The Australian Government has a responsibility to ensure that decisions made under its anti-terrorism laws and regulations are based on comprehensive evidence and are fair and reviewable. The Parliament should have a major role in this, and there is room for additional and more independent checks.

Accountability for decisions on potentially controversial matters such as proscribing terrorist organisations should be transparent, and processes to challenge decisions should be easily accessible and publicised. Given the severity of penalties imposed on those with links with terrorist organisations, it is essential that great care be taken to ensure that convictions under the Criminal Code are just and appropriate to the crime. To this end, judicial discretion should be encouraged and timely appeal or review guaranteed.

In its submission UNAA recommended that:

  • the Australian Government’s approach to counter-terrorism policies should be guided by the framework of response established through the United Nations system;
  • the listing of organisations as terrorist organisations should follow as closely as possible the United Nations assessment of such organisations;
  • independent research should be commissioned about the impact of the legislation and regulations on the Australian community;
  • the idea of an Independent Reviewer of Terrorism, as proposed by the Joint Parliamentary Committee on Intelligence and Security (December 2006), should be adopted as a way of enhancing the operation of the current legislation. Such a Reviewer could also have responsibility for ensuring that the Australian Government responds in line with UN resolutions to cases of the detention of its citizens overseas (e.g. David Hicks); and
  • Judges should be given discretion in the imposition of sentences under the parts of the Criminal Code that relate to terrorism offences.
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About the Author

David Purnell OAM is the National Administrator of United Nations Association of Australia.

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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