Obstacles to justice

As reports of abuses by both sides increased, the UN Security Council failed to intervene. At least 7,000 people were killed - some have put the figure as high as 20,000. The Sri Lankan government dismissed all reports of war crimes by its forces and rejected calls for an international inquiry, while failing to hold any credible, independent investigations of its own.

The UN Human Rights Council convened a special session, but power plays led to member states approving a resolution drafted by the Sri Lankan government, complimenting itself on its success against the Tamil Tigers.

And one year on, the situation for civilian communities caught up in the conflict shows little sign of improving.

With people fleeing for their lives from war zones such as Sri Lanka and Afghanistan, countries in the Asia Pacific failed to establish a clear regional response.

When it comes to Australia, the knock on effect is clear.

But rather than upholding its human rights responsibilities to people fleeing torture and discrimination, the government has chosen to freeze the processing of asylum applications from people escaping two of the world’s most violent conflict zones, compounding the trauma experienced by these people. People have a legal right to seek asylum.

Overall, despite some promising steps in 2009, including a commitment to a National Plan to Reduce Violence against Women and their Children, the Australian Government has failed in many instances to deliver sustainable, long-term solutions to human rights abuses. Racial discrimination remains legal in the Northern Territory under the Government’s intervention and the overwhelming public support for a Human Rights Act has been ignored.

Australia has an opportunity to show global leadership on human rights and justice but it needs to ensure it has its own house in order first.

Despite the failures of governments and the catalogue of abuses listed in our report, we have seen progress.

One hundred and eleven states have signed up to the International Criminal Court.

Other former leaders have been brought to justice including Alberto Fujimori who was sentenced to 25 years in prison for overseeing torture, enforced disappearances and killings during his time as President of Peru.

And we watched Cambodia open the UN-backed Khmer Rouge Tribunal, with the former prison chief known as Duch the first to stand trial.