United Nations Human Rights Council
The Law Council of Australia has held special consultative status with the United Nations Economic and Social Council (ECOSOC) since 2011, which enables the Law Council to attend UN conferences, meetings and other events, and deliver written and oral statements.
Since 2019, the Law Council has delivered oral interventions during successive Human Rights Council sessions, both in its own right and in partnership with organisations including the International Bar Association’s Human Rights Institute. These oral interventions are compiled below.
2023
20 March 2023
On 20 March 2023, Law Council President, Mr Luke Murphy, presented an oral statement before the Special Rapporteur on the Situation of Human Rights in Myanmar during the 52nd session of the United Nations Human Rights Council. The statement, which was co-sponsored by the International Bar Association’s Human Rights Institute, expressed concern regarding the Myanmar military’s weaponisation of the legal system to entrench its power, conceal human rights abuses, and avoid accountability.
Read the full statement here.
15 March 2023
On 15 March 2023, Law Council President, Mr Luke Murphy, presented an oral statement before the Special Rapporteur on the situation of human rights defenders during the 52nd session of the United Nations Human Rights Council. The statement, which was co-sponsored by the International Bar Association’s Human Rights Institute, noted the key role played by lawyers to address the implementation gap between the Declaration on Human Rights Defenders and national laws and policies, and uphold and defend human rights in the context of the legal system.
Read the full statement here.
2022
21 September 2022
On 21 September 2022, Law Council President Tass Liveris presented a video statement during the 51st United Nations Human Rights Council in Geneva. The statement, delivered on behalf of the Law Council of Australia and the International Bar Association’s Human Rights Institute, expressed concern regarding the escalating judicial and constitutional crisis unfolding in Kiribati.
In the past four months, the Government of Kiribati has suspended the judges of Kiribati’s High Court and Court of Appeal has disabled both superior courts of record. The Law Council is greatly concerned by the lack of transparency regarding the membership and procedure of the disciplinary tribunals established to investigate alleged judicial misconduct.
Read the full statement here.
22 June 2022
As part of the 50th session of the United Nations Human Rights Council, Law Council President, Mr Tass Liveris, presented a video statement before the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on 22 June 2022.
This statement, delivered on behalf of the Law Council and the International Bar Association’s Human Rights Institute, urged the Special Rapporteur to monitor the misuse by Myanmar’s Tatmadaw of military courts and unlawful use of the death penalty. Since the coup on 1 February 2021, at least 114 people have been sentenced to death, including 41 in absentia, in closed, summary proceedings before military tribunals. These trials are completely incompatible with international standards on the use of capital punishment.
The full statement is available here.
7 March 2022
On 7 March 2022, Law Council President, Mr Tass Liveris presented an oral statement for the Interactive Dialogue with the High Commissioner on the situation of human rights in Afghanistan.
Read full Statement here.
2021
20 September 2021
On 20 September 2021, Law Council President, Dr Jacoba Brasch QC, presented an oral statement before the Working Group on Arbitrary Detention during the 48th session of the United Nations Human Rights Council. The statement was co-sponsored by the International Bar Association’s Human Rights Institute, and expressed concern at the practice of states to unlawfully detain lawyers acting for human rights defenders and political opponents.
Read the full statement here.
Co-sponsored statement delivered by the International Bar Association’s Human Rights Institute
In addition to the statement Dr Jacoba Brasch QC delivered to the Working Group on Arbitrary Detention, the Law Council also co-sponsored a statement delivered by the International Bar Association’s Human Rights Institute on 23 September 2021 during the interactive dialogue on the High Commissioner for Human Rights’ written update on Myanmar. The statement was also co-sponsored by the Law Society of England and Wales, Lawyers Rights Watch Canada and Lawyers For Lawyers.
Read the full statement here.
6 July 2021
On 6 July 2021, Law Council President, Dr Jacoba Brasch QC, presented an oral statement in the Interactive Dialogue with the Special Rapporteur on Myanmar during the 47th UN Human Rights Council. The statement condemned the intimidation, harassment, arbitrary arrest and incommunicado detention of lawyers by Myanmar’s military since the coup d’état.
Read the full statement here.
28 June 2021
On 28 June 2021, Law Council President, Dr Jacoba Brasch QC, presented an oral statement before the Special Rapporteur on the Independence of Judges and Lawyers, as part of the 47th UN Human Rights Council. The statement, presented on behalf of the Law Council and the International Bar Association Human Rights Institute, asked the Special Rapporteur to investigate the misuse of sanctions against lawyers and related entities.
8 March 2021
On 8 March 2021, Law Council President, Dr Jacoba Brasch QC, presented a video statement before the Secretary General’s Special Representative on Violence Against Children within the programme of the 46th Human Rights Council in Geneva.
The statement noted the Law Council’s advocacy for raising of the minimum age of criminal responsibility to 14 years across Australia, and discussed the need for a holistic approach to juvenile justice reforms.
The full statement is available here.
2020
18 September 2020
On 18 September 2020, Law Council President Pauline Wright delivered a video intervention to Working Group on Arbitrary Detention within the programme of the 45th United Nations Human Rights Council in Geneva.
The Law Council’s statement reiterated the fundamental importance of the right to legal assistance across all settings of detention, and requested the Working Group affirm how this duty continues to apply in the context of national security cases.
9 July 2020
Law Council President, Pauline Wright, presented an oral statement to the 44th session of the United Nations Human Rights Council on 9 July 2020 on the extrajudicial killings of lawyers and judges in the Philippines. Read the full transcript here.
6 March 2020
On 6 March 2020, the Law Council partnered with the International Bar Association’s Human Rights Institute (IBAHRI) to deliver an oral statement to the 43rd session of the United Nations Human Rights Council in Geneva.
The statement, delivered by the IBAHRI UN Liaison Dr Helene Boussard Ramos Dos Santos, sought to draw the Council’s attention to the use of counter-terrorism and security measures to repress human rights lawyers and deter them from undertaking their work.
The statement focused on the legislation and measures adopted in China, the Philippines and Turkey. The statement called on the Human Rights Council to:
1. urge States to respect the independence of the legal profession and the corresponding immunities contained in the UN Principles on the Role of Lawyers;
2. protect all lawyers in their professional functions, including those who are called to act for unpopular persons or persons whom a Government alleges to have broken the law; and
3. ensure that these principles are not curtailed by any legislation or measure purporting to protect national or international security interests.
The Law Council is grateful to the IBAHRI for its continued support to enable the Law Council to participate in HRC dialogues.
A full copy of the statement is available here.
2019
13 September 2019
On 13 September 2019, the Law Council of Australia and the International Bar Association's Human Rights Institute (IBAHRI) presented a joint oral statement to the 42nd session of the Human Rights Council. The statement outlines deep concern in relation to the systematic underminding of the rule of law in the People’s Republic of China; especially in relation to the Government’s abuse of criminal processes and arbitrary detention to intimidate, harass and suppress lawyers and human rights defenders.
Read full statement here.
27 June 2019
Law Council President, Arthur Moses SC, addressed a side-event at the 41st session of the United Nations’ Humans Rights Council on 27 June 2019 on the extradition bill proposed and under consideration in Hong Kong.
The side-event was hosted by the International Bar Association’s Human Rights Institute, Human Rights Watch and the International Service for Human Rights.
You can read the full speech here.