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Further information
Faculty of Law
Building 12, Clayton Campus
Monash University, VIC 3800
Law
12.75mm
8.5mm
Castan Centre For
Human Rights Law
Telephone: +61 3 9905 3327
Fax:
+61 3 9905 5305
Email: castan.centre@monash.edu
facebook.com/TheCastanCentre
twitter.com/CastanCentre
8.5mm
Annual Report 2011
4.2mm
www.law.monash.edu
www.law.monash.edu/castancentre
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Australia
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www.law.monash.edu/castancetre
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Castan Centre For Human Rights Law
Annual Report
2011
About the Castan Centre
About Ron Castan AM QC
Since Michael Kirby AC CMG officially opened the Castan Centre
for Human Rights Law in October 2000, our dedicated staff has
strived to create a stronger culture of human rights in Australia. We
at the Castan Centre believe that human rights must be respected
and protected, allowing people to pursue their lives in freedom and
with dignity. In our pursuit of a stronger human rights culture for
Australia, we work in seven broad areas:
Ron Castan was a passionate advocate for the recognition and
protection of human rights and a distinguished member of the
Victorian Bar. He is best remembered for his role as lead counsel on
the landmark Mabo case, which recognised native title over land.
Ron toiled on the case for over 10 years and, according to Greg
McIntyre, a lawyer who worked with Ron on the matter, he ‘effectively under-wrote the whole claim’.
Public education, including numerous public lectures,
roundtables, conferences and workshops featuring prominent
Australian and international human rights figures, and an increasing
social media presence.
Prior to the Mabo case, Ron was involved in many landmark
Indigenous and Constitutional rights cases, and helped found the
the Victorian Aboriginal Legal Service. His commitment to human
rights extended beyond Indigenous issues. He was a member of
the Victorian Equal Opportunity Commission and President of the
Victorian Council for Civil Liberties (now Liberty Victoria). Ron led
the campaign against the Australia Card in the 1980s and was a
key player in negotiations over the Wik native title legislation in the
1990s. He died in 1999.
Policy, through submissions to parliaments, direct representations
to governments and contributions to public debates on important
issues.
Student programs aimed at tertiary and secondary students,
including internship programs, mooting and essay competitions,
and careers seminars.
Indigenous programs, especially the Aurora Project’s native title
capacity building program.
‘There was a sort of a ruthlessness in Ron Castan. A ruthlessness
on behalf of justice.’
Thomas Kenneally AO
Teaching, through the oldest human rights law masters degree
in Australia, as well as a thriving undergraduate human rights
program.
Research leading to the publication of monographs, textbooks,
handbooks and practical guides on a variety of human rights
issues.
Human rights training and consultancies aimed at educating
Australian and international government officials about human
rights.
The Castan Centre is unique in that it blends the intellectual rigour
of human rights law and brings human rights to life in practical
ways. As a place of learning and action, I have had a long and
warm association with the Centre.
- Jose Ramos Horta, President of Timor Leste
The Castan Centre is a jewel in the crown of Australian law
- The Hon. Michael Kirby AC CMG, former High Court judge
Ron Castan
2011 In Review
by Prof. Sarah Joseph, Castan Centre Director
Monash University seeks to improve the human condition by
advancing knowledge and fostering creativity. It does so through
research and education and a commitment to social justice,
human rights and a sustainable environment.
- Monash University Statement of Purpose
As a university-based research Centre devoted to creating a
stronger culture of human rights, the Castan Centre has long been
known for its world-renowned expertise in the field. This expertise
can be seen in the Monash Law Faculty’s vibrant undergraduate
and postgraduate teaching programs and the wealth of
monographs, journal articles, handbooks and other publications
penned annually by our academics. In addition to this scholarly
work, the Castan Centre provides the opportunity for Monash Law
academics to expand their reach beyond the academy and out into
the community.
On the financial front, the Centre remains well-positioned, however
we aim to continue increasing our income from donations and
broadening our consultancy work. In 2011, the Centre received
16.5% of its revenue from Monash University, so strong external
revenue streams are vital to the Centre’s long-term health. To
assist with this task, as well as community engagement and other
matters, the Centre resolved to constitute an Advisory Board
in 2012. We hope that the Board, which will be constituted of
community members from a variety of fields, will further enhance
our operations into the future.
In all, 2011 was another successful year for the Centre, and we look
forward to further strengthening our policy work and consolidating
our other core areas in 2012.
In 2011, more than ever before, we focused on expanding our
policy work to ensure that we have a vibrant and sustainable public
policy program aimed at informing government and the general
public on important human rights issues. With this in mind, we
created the Accountability Project, and welcomed our first Manager
of that Project, Adam Fletcher, who had most recently worked at
the Commonwealth Attorney-General’s Department. This increased
focus on policy helped us to dramatically increase the Centre’s
outputs, particularly in the area of submissions to parliamentary
inquiries, which increased from nine in 2010 to 24 in 2011. The
Centre also provided advice to the Commonwealth Government in
the areas of human trafficking, Indigenous child welfare and human
rights in closed environments, and commenced another project
to provide advice on the use of alternative sentencing regimes
in Australia. Alongside its government work, the Centre’s media
work doubled and its social media platforms also experienced
considerable growth, thereby increasing the reach of the Centre’s
policy work.
Our public education program was once again very busy, including
events featuring two UN experts, a world-renowned expert on
international criminal law, three Indonesian academics specialising
in issues of race and religion, and a campaigner for Western
Saharans’ right of self-determination. Once again, most of our
events were free and many involved us working closely with fellow
organisations in the human rights field, including the Human
Rights Law Centre, the Red Cross, Amnesty and GetUp!, as well
as Monash University’s Global Terrorism Research Centre and its
School of Political and Social Inquiry. In addition, our conference
again sold out a month in advance and was a stimulating and
thought-provoking day.
Our other vital area of work is student programs, which are very
important and are based on giving students access to opportunities
to further their interest in human rights. In 2011, a record ten
Global Interns were sent to some of the world’s leading human
rights organisations, with each receiving generous stipends so as
to open the opportunity to as many people as possible. The Centre
continued to also offer in-house internships, native title internships,
a vibrant state-wide moot competition, the annual secondary
schools essay competition, and a careers seminar, this year on
international humanitarian law.
Professor Sarah
Joseph with
Aicha Dahane
Castan Centre Programs
•
1. Public Education
Public education is one of the cornerstones of the Castan Centre’s
work and we endeavour to reach the widest possible audience. To
help us realise this goal, we have ensured that most of our public
events are free-of-charge and tickets to our annual conference as
cheap as possible. By the end of 2011, the Centre had hosted
•
Lecture – Professor William A. Schabas, Director Irish Centre
for Human Rights and Chair in Human Rights Law, National
University of Ireland, Galway (a Holding Redlich Distinguished
Visiting Fellow), ‘Victor’s Justice: Selecting the Targets of
International Tribunals’, 1 June 2011
•
Lecture – Dr Angela Ward of the Bar Council, Law Library of
Ireland, Dublin, Ireland, ‘The Victorian Charter of Fundamental
Rights: a case of inappropriate transplants?’, co-hosted with
Human Rights Law Centre, 18 August 2011
•
Panel forum – ‘Religion and Society in Indonesia after the
Cikeusik Murders’, co-hosted with Monash School of Political
and Social Inquiry, 29 August 2011. Panelists:
130 conferences, public lectures, roundtables and careers seminars
since its establishment in 2000.
Public Lectures
Our 2011 events featured a broad range of topics and speakers,
headlined by two United Nations experts and a legal advisor to a
third expert. We also showcased a Western Saharan activist as
well as local activists from Amnesty and GetUp!, editors of online
and print publications The Drum and Overland, four international
academics, and eight local academics, including six from Monash
University.
Event topics ranged from asylum seekers, human trafficking and
the situation in Libya to social media, foreign debt and international
criminal law.
Special thanks goes to Holding Redlich, whose Distinguished
Visiting Fellow program supported the visit of Professor William
Schabas, and Mallesons Stephen Jaques (now King and Wood
Mallesons), which again supported the Annual Lecture.
The 2011 public lectures were:
•
•
•
Lecture – Dr Cephas Lumina, the UN Independent Expert
on the Effects of Foreign Debt and other Related Financial
Obligations on Human Rights ‘Preying on the Poor: “Vulture
Funds”, Foreign Debt and Human Rights in Developing
Countries’, co-hosted with Human Rights Law Centre,
10 February 2011
Panel forum – ‘Will the Revolution be Tweeted? The Role of
Social Media in Promoting and Protecting Human Rights’,
co-hosted with Human Rights Law Centre, 5 April 2011.
Panelists:
•
Professor Sarah Joseph, Director of the Castan Centre for Human Rights Law
Jonathan Green, Editor of the Drum, ABC
• Alex Pagliaro, Refugee Campaign Coordinator, Amnesty International Australia
•
•
Professor Dr Asep Saepul Muhtadi, Professor and former dean in the Faculty of Predication (dakwah) and Communications, Islamic State University, Bandung; Adviser to West Java Provincial Government on social inclusion
•
Mr Hendar Riyadi, Lecturer, State Islamic University, Bandung; Member of Muhammadiyah Young Intellectuals Network (JIMM); Member of inter-faith harmony network (JAKATARUB)
•
Professor Susan Kneebone, Professor at Monash University Law School
•
Ms Maria O’Sullivan, Lecturer at Monash University Law School and Associate of the Castan Centre for Human Rights Law
•
Professor James Walter, Professor Political Science in the School of Political and Social Inquiry
Professor Donald R Rothwell, Professor of International Law at the ANU College of Law
•
Associate Professor Gideon Boas, Associate Professor at Monash University Law School
• Jeff Sparrow, Writer and Research Fellow at Victoria University
• Panel forum – ‘Momcilovic v R: The High Court’s Views on the Constitutionality and Operation of the Victorian Charter’,
10 October 2011. Panelists:
•
Dr Julie Debeljak, Deputy Director of the Castan Centre
•
Castan Centre/Mallesons Stephen Jaques Annual lecture – Ms Joy Ezeilo, United Nations Special Rapporteur on trafficking in persons, especially in women and children, ‘Are States meeting their responsibilities to trafficked persons?’,
28 November 2011
Panel forum – ‘Perspectives on the International Intervention in
Libya’, 20 April 2011. Panelists:
•
•
Professor Dr Dadang Kahmad, Muhammadiyah Central Executive; Director of Post-Graduate Studies, Islamic State University, Bandung; former West Java chair of Inter-
Religious Harmony Forum (FKUB)
• James Stellios, Associate Professor at the ANU College of Law
• Sam McLean, Communications and Campaigns Director, GetUp!
•
• Panel forum – ‘The High Court and Refugee Policy: Implications and International Comparisons’, 14 September 2011. Panelists:
Lecture – Vanessa Zimmerman, Legal Advisor to Professor
John Ruggie the UN Secretary-General’s Special
Representative on Business and Human Rights, ‘Business
and Human Rights at Home and Abroad: an Update on the
Work of the UN Secretary-General’s Special Representative on
Business and Human Rights’, 1 April 2011
•
Dr Benjamin MacQueen, Deputy Director of the Global Terrorism Research Centre at Monash University.
Lecture – Aicha Dahane, International Officer of the Forum for
the Future for Saharawi Women (Western Sahara) ‘Western
Sahara: Living Dangerously Under Moroccan Occupation’,
10 May 2011. Commentator:
Dr Lumina explains the impact of Professor Schabas discusses
vulture funds on human rights
victor’s justice
Conference
Our annual conference remains the only annual human rights
conference in Australia, and is a vital fixture on the Australian human
rights calendar. Again in 2011, the conference sold out more than
a month in advance and feedback from the 220 attendees was
overwhelmingly positive.
Speakers at the conference, which was held at the Spring Street
Conference Centre, were:
•
Mr Michael Thurston, The United States Consul General in
Melbourne, ‘Corporate Social Responsibility and the Right to
Connect (to websites, to the internet and to each other)’
•
Dr Megan Davis, Director of the Indigenous Law Centre at
the University of New South Wales and member of the United
Nations Permanent Forum on Indigenous Issues, ‘Recognising
Aboriginal and Torres Strait Islander People in the Constitution’
•
Mr Rex Wild QC, Barrister and co-author of the Little Children
are Sacred report into child abuse in the Northern Territory,
‘Intervention, Interference or Invasion? Dealing with Indigenous
rights in the Northern Territory, 2007-2011’
•
Professor Tim McCormack, Professor of Law at the Melbourne
Law School and the Special Adviser on International
Humanitarian Law to the prosecutor of the International
Criminal Court in The Hague, ‘The International Criminal Court
and the Importance of Effective Multilateral Enforcement of
International Humanitarian Law’
•
Brigadier Lyn McDade, Director of Military Prosecutions for the
Australian Defence Force, ‘Military justice and human rights’
•
Professor Samina Yasmeen, Director of the Centre for Muslim
States and Societies at the University of Western Australia,
‘Islamophobia and Multicultural Australia’
•
Dr Alex Wodak AM, President of Australian Drug Law Reform
Foundation and Director of the Alcohol and Drug Service at St
Vincent’s Hospital in Sydney, ‘A Human Rights Approach to
Drugs’
•
Dr Charlie Corke, Senior Specialist in the Intensive Care Unit at
Geelong Hospital, author of the book Saving Lives and subject
of the recent documentary In the End, ‘Avoiding dysthanasia not striving for euthanasia’
Special thanks goes to the Conference sponsors – Corrs
Chambers Westgarth (Major Sponsor), Holding Redlich
(Conference Bag Sponsor), List G Barristers (Lunch Sponsor),
Victoria Legal Aid, Victorian Equal Opportunity and Human
Rights Commission (Sponsors) and the Alan Missen Foundation,
Australian Lawyers Alliance, Futureye, Law Institute of Victoria,
and Minter Ellison Lawyers (Supporters).
Dr Charlie Corke talks
about Euthanasia.
US Consul Michael
Thurston takes a
question from the
crowd
Castan Centre Deputy
Director Paula Gerber
with Brigadier McDade
2. Student Programs
•
Hester Kelly: Human Rights Advocacy Centre, Accra Ghana
As a university-based human rights centre, nurturing students’
passion for human rights is a vital part of what we do. The Centre
was founded by academics who have devoted their careers
to teaching human rights law, and from the outset the Centre
has sought to increase engagement with students beyond the
classroom.
•
Alexandra Lachal: United Nations Special Rapporteur on the
Right to Health, Mumbai India
•
Vanessa Lamborn: Oxfam, South Africa
•
Yardena Lankri: Israel Democracy Institute, Jerusalem Israel
•
Anne Poulos: International Commission of Jurists,
Geneva Switzerland
•
Alyse Richmond: United Nations Global Compact,
New York City
•
Melody Stanford: Africa and Middle East Refugee Assistance,
Cairo Egypt
•
Sarah-Mae Thomas: International Women’s Rights Action
Watch - Asia Pacific, Kuala Lumpur and Geneva
Global Internship Program
The 2011 Global Internship Program saw ten high-achieving
Monash Law students selected to intern at nine organisations
spread across North America, Africa, Asia, the Middle East and
Europe.
Interns receive a stipend to cover living costs, insurance and
airfares which offset the vast majority of interns’ costs, thereby
making the program available to a wide set of students. Interns
also take part in a cross-cultural training course prior to departure
and then blog about their experiences while on assignment (see the
social media report in the policy section, below).
The 2011 Global Interns were:
•
Sayomi Ariyawansa: Human Rights First, New York City
•
Cara Bredebusch: Oxfam, South Africa
(L-R) Sandra Murray, Nabila Buhary, Divya Roy, Amanda Thompson,
Elisabeth Howard, Jeremy Shelley, Giselle Diego, Manav Satija,
Alison Cole, Kylie Pearce, Tessa Daws
We acknowledge the support of the 2011 Global Internship
supporters: Daniel and Danielle Besen, the Law Faculty’s Student
Mobility Fund, the Office of the Deputy Vice Chancellor (Education),
the Nordia Foundation, the Dara Foundation, the Finkel Foundation
and Silvia and Michael Kantor. Special thanks goes to Maria
Dimopoulos of MyriaD Consulting, who conducted the predeparture cross-cultural training.
In-house Internship Program
Native Title Internships
The Centre strives to give as many students as possible an
experience of working in human rights policy and research through
our In-House Internship Program. In 2011, interns from Monash
University mixed with interns who travelled to us from Queensland
and the United States. Some of the many projects they worked on
included research for submissions to Parliamentary committees,
drafting articles for the bi-annual newsletter, preparing headnotes
for the Oxford Reports in International Law project, reviewing entries
to the Writing for Human Rights Essay Competition and assisting at
Centre events.
As part of its collaboration with the Aurora Project, the Castan
Centre supports the Aurora Native Title Internships, which
send university students from all over Australia to native title
representative bodies, Indigenous policy bodies and other
organisations focusing on Indigenous rights.
Our 2011 In-House Interns were:
•
Summer interns: January – Lisa Harrison
•
Semester 1 (1 day per week for 12 weeks): Laura John
and Cara Bredebush
•
Semester 1 (3 days): Florence Dosshe
•
Winter externship: (full time between May and August) Brandon Wright
•
Winter internship: Kelly Hester and Deborah Lemish
•
Semester 2 (2011): Rachana Rajan and Angie Glikson
•
Summer internship (November – December):
Kehela Vandenberg and Rachel Loftus
•
International intern (full-time December 2011 – February 2012)
Kathy Tu
Dr Paula Gerber, the Honourable Judge Felicity Hampel, her
Honour Justice Marcia Neave and Professor Zifcak
The 2011 interns from Monash University were Claire Deane, Helen
Schneider, Shireen Morris and David Taft (Summer 2010/11 intake)
and Emillie Boulot, Yardena Lankri, James Oczko, Melissa Ramov,
Tal Shmerling and Jessamy Vialle (Winter 2011 intake).
Human Rights Moot Competition
Ten teams from Victorian universities competed in the 5th annual
Victorian Charter of Human Rights and Responsibilities Mooting
Competition. The preliminary rounds were held at the Melbourne
offices of Clayton Utz. Both the winners and runner up of the
competition were from the University of Melbourne. The final was
held at the Victorian Court of Appeal before her honour, Justice
Neave AO of the Court of Appeal, Judge Felicity Hampel SC of the
County Court and Professor Spencer Zifcak, Allan Myers Chair of
Law at Australian Catholic University.
We acknowledge our moot sponsor, Clayton Utz, which has
generously supported the competition since its inception in 2007.
Human Rights Careers Series
The passion of many Monash Law students for an alternative career
in law can best be seen at our annual human rights careers events.
In 2011, the Centre co-hosted a careers seminar with Friends of
International Humanitarian Law (of the Red Cross), which focused
on internships in the field of international criminal law. The seminar
featured students who undertook internships at international
criminal tribunals and studied at international universities.
Presentations included their personal stories plus advice and tips
for those in the audience.
Heidi Edwards answers
a question from the
audience
Human Rights Essay Competition
We believe in nurturing students’ interest in human rights even
before they get to University. For this reason, the Centre runs an
annual essay writing competition. The 2011 Writing for Human
Rights Essay Competition was open to Victorian school students
in years 10-12, and the topic was ‘Social media is free speech
gone mad’. Each year, the Centre endeavours to choose an
engaging and topical issue, and the 2011 topic obviously fulfilled
this criteria: 79 essays were received. The prizes for the 2011 Essay
Competition were donated by the Office of Deputy Vice Chancellor
(Education) at Monash University. The winners were:
•
First prize: Daniel Lopez, Emmanuel College
•
Second prize: Cynthia Huang, MacRobertson Girl’s High
School
•
Third prize: Karan Dhamija, Melbourne High School
First prize winner Daniel
Lopez receives his prize
from Director Professor
Sarah Joseph
3. Policy
One major focus of the Centre is to utilise research to inform public
policy debates on vital human rights issues. With the advent of
the Accountability Project in 2011, the Centre began a planned
expansion of its policy work, which aims to “unlock” the Centre’s
World-class human rights expertise to influence public debate
and government policy. In 2011, Centre staff provided impartial
and independent views on important human rights issues to
government, spoke regularly in the media on topical matters and
greatly increased the Centre’s social media presence.
•
S. Joseph, Submission to the Office of the High Commissioner
for Human Rights on the Human Rights Committee’s Draft
General Comment 34 on Freedom of Expression,
January 2011
•
S. Joseph, Submission to the Attorney-General’s Department
on Australia’s response to the recommendations received in its
Universal Periodic Review, March 2011
•
S. Joseph, Submission to the Commonwealth Parliament on
the Australian Capital Territory (Self Government) Amendment
Bill, March 2011
•
S. Joseph (with A. Dastyari), Submission to Commonwealth
Parliament on the Amendments to the Character Test,
May 2011
•
S. Joseph (with E. Contini and M. Smith), Submission to the
SARC Committee on the Review of the Victorian Charter of
Rights and Responsibilities 2006 (Vic), June 2011
•
S. Joseph, Submission to the Independent Media Inquiry,
November 2011
•
S. Joseph (with M. Smith and E. Contini), Submission to the
Scrutiny of Acts and Regulations Committee of the Victorian
Parliament regarding the Inquiry into the Charter of Human
Rights and Responsibilities Act 2006, 1 July 2011
•
S. Kneebone (with M. O’Sullivan and T. Penovic), Submission
to inquiry into the agreement between Australia and Malaysia
on the transfer of asylum seekers to Malaysia, 15 September
2011
•
T. Penovic, Submission to House of Representatives Standing
Committee on Social Policy and Legal Affairs into the
Regulation of Billboard and Outdoor Advertising,
February 2011
•
T. Penovic, Submission to Senate Legal and Constitutional
Affairs Legislation Committee into the Migration Amendment
(Detention Reform and Procedural Fairness) Bill 2010,
June 2011
•
T. Penovic, Submission to the Joint Select Committee on
Australia’s Immigration Detention Network, 12 August 2011
Submissions to Parliamentary Committees
One of the most important ways in which the Centre informs
policy debate is through its engagement with federal, state and
territory parliamentary committees. The Centre has a long history
of influencing parliamentary debate and securing amendments
to legislation and policy through its submissions. The Centre’s
submission increased from eight in 2010 to 22 in 2011.
The Centre’s submissions in 2011 were:
•
Castan Centre Submission to the Attorney General’s
Department on a new National Human Rights Action Plan for
Australia, February 2011 (M. Smith, E. Contini and P. Gerber)
•
M. Castan, Submission to the Panel on Indigenous
Constitutional Recognition, September 2011
•
J. Debeljak, Submission, entitled ‘Inquiry into the Charter of
Human Rights and Responsibilities,’ to the Scrutiny of Acts
and Regulations Committee of the Victorian Parliament for
the Four-Year Review of the Charter of Human Rights and
Responsibilities Act 2006 (Vic), 10 June 2011, 1-30
•
P. Emerton, Submission to the Senate Legal Constitutional
Affairs Committee regarding the Inquiry into the Intelligence
Services Legislation Amendment Bill 2011, May 2011
•
P. Emerton, Submission to the Senate Legal and Constitutional
Affairs Committee regarding the Inquiry into the InspectorGeneral of Intelligence and Security Amendment Bill 2011,
June 2011
•
P. Emerton, Supplementary Submission to the Senate Legal
Constitutional Affairs Committee regarding the Inquiry into the
Intelligence Services Legislation Amendment Bill 2011,
June 2011
•
A. Fletcher (with S. Joseph and J. Debeljak), Submission to
the ACT Government Department of Justice and Community
Safety Consultation, Economic, Social and Cultural Rights – A
Good Idea for Inclusion in the ACT Human Rights Act 2004?,
July – August 2011
•
A. Fletcher, Submission to the National Human Rights Action
Plan on the Government’s Draft Baseline Study, (with S.
Joseph), August 2011
•
A. Fletcher, Submission on Commonwealth Government’s
Issues Paper: A Statutory Cause of Action for Serious Invasion
of Privacy, October 2011
•
P. Gerber, Shadow Report to the UN Committee on the Rights
the Child Regarding Australia’s compliance with Article 7 of the
Convention on the Rights of the Child, 22 June 2011
•
S. Joseph (with A. McBeth), Submission to the Office of the
High Commissioner for Human Rights on The Draft Guiding
Principles on Business and Human Rights, January 2011
Media
By engaging with the media, the Centre reaches a wider audience
and can influence and inform public debate on human rights issues.
A goal of the new Accountability Project is to increase engagement
with the public through the media. The result has been pleasing, as
media engagement increased from 18 mentions in 2010 to 42 in
2011. Media engagement in 2011 included:
•
G. Boas, ‘Intervention in Libya raises broader questions’,
opinion piece, Monash News and Events, 21 March 2011.
•
G. Boas, ‘Price to pay for action against Gaddafi’, opinion
piece, The Age, 11 March 2011
•
G. Boas, ‘Killing the killers makes a mockery of international
justice’, opinion piece, Sydney Morning Herald,
26 November 2011.
•
G. Boas, ‘War crimes in Australia’s too hard basket’, opinion
piece, The Drum ABC, 27 November 2011.
•
M. Castan, ‘It’s time to recognise Indigenous Australia’, The
Conversation, 12 December 2011
•
A. Fletcher, ‘Undermining the migration act’, opinion piece The
Drum, 13 October 2011
M. O’Sullivan, Radio Interview on High Court appeal against
the Australian ‘Malaysian Solution’, Law Matters program, 2UE
Sydney, 19 June 2011
•
P. Gerber, ‘Denying gay marriage will only hurt the children’
Opinion piece, The Age, page 15, 7 September 2011
M. O’Sullivan, ‘High Court ruling: the end for the Malaysian
Solution’, The Conversation, 8 August 2011
•
P. Gerber, and A. Sifris, Invited Op-ed ‘Time to Amend the
Marriage Act’ (2011) 85(7) Law Institute Journal 35.
M. O’Sullivan, Radio interview, High Court challenge to
Malaysian Solution, Canberra 2CC, 9 August 2011
•
M. O’Sullivan, Radio Interview, High court challenge to
Malaysian solution and refugee children, ABC Radio Australia
(Pacific/International), 10 August 2011M. O’Sullivan, ‘Malaysia
policy must heed past’, Opinion piece, The Age,
17 August 2011
•
M. O’Sullivan, Radio Interview, Ministerial Guardianship duty
and the Malaysian solution, ABC Radio Australia,
23 August 2011
•
M. O’Sullivan, ‘Malaysia Solution: High Court ruling
explained’, The Conversation, 31 August 2011, see: http://
theconversation.edu.au/malaysia-solution-high-court-rulingexplained-3154
•
M. O’Sullivan, ‘The rule of law prevails’, The Age,
1 September 2011
•
M. O’Sullivan, Radio Interviews on the High Court decision
M70 on the Malaysian solution:
•
M. Castan, Interview on ABC 7pm news on Aboriginal
Community in Lake Tyres return of democracy, 18 March 2011
•
•
•
•
S. Gray, Radio Interview on Radio 8HA Territory Today
(Adrian Renzi) on ‘The Protectors’, 5 May 2011
•
S. Gray, Radio Interview with Radio Tasmania (John Fabris) on
‘the Protectors’, 10 May 2011
•
S. Gray, Interview with Radio Australia on ‘the Protectors’,
12 May 2011
•
S. Gray, Interview with Annie Gastin, ABC Territory Radio, on
‘The Protectors’, 18 May 2011
•
S. Gray, interview with Rafael Epstein and Leslie Cannold,
ABC Radio Victoria (Jon Faine’s Conversation Hour) on ‘The
Protectors’. 11 July 2011
•
S. Gray, ‘Snapping the Age-Old Silence’, review of Sarah
Maddison, ‘Beyond White Guilt’, Weekend Australian Review,
July 29, 2011.
•
S. Gray, interview with CAAMA radio on ‘The Protectors’. 9
August 2011
•
S. Joseph, The Wire, interview on Proceeds of Crimes Act
2002 in the wake of its use against David Hicks, 21 June 2011
•
S. Joseph, ‘If no news is good news what do we make of
2011?’, opinion piece, The Punch, 3 September 2011
•
S. Joseph, Interview on social media and human rights, Radio
Adelaide, 21 September 2011
•
ABC 774 Melbourne, The Breakfast Show,
1 September 2011
•
ABC 702 Sydney, The Breakfast Show,
1 September 2011
•
ABC NewsRadio, Drive with Sandy Aloisi,
2 September 2011
•
3CR 855 AM Community Radio, 6 September 2011
•
ABC Radio Australia, 19 October 2011
•
S. Joseph, “#Occupy movement: different aims, but united by
the importance of civil protest”, The Conversation, 27 October
•
M. O’Sullivan, ‘Onshore processing: what it means for asylum
seekers’, The Conversation, 21 September 2011
•
S. Joseph, Radio 3CR, interview on Occupy Melbourne,
28 October
•
•
S. Joseph, Radio Australia, interview on the Occupy
movement, 3 November
T. Penovic, Participant in panel discussion on ABC News
24’s Afternoon Live program on Report of the House of
Representatives Standing Committee on Social Policy and
Legal Affairs into the Regulation of Billboard and Outdoor
Advertising, 26 July 2011
•
S. Joseph, “Tintin, Human Rights and Politics”, The
Conversation, 26 December 2011
•
•
J Kyriakakis, ‘Why Australian Firms Should be Made
Accountable for Overseas Crimes’, The Conversation,
15 April 2011
A. Sifris, Interviews regarding ‘AA v BB birth certificate case’
on Sarah Gerathy ABC PM Program, Natasha Wallace Sydney
Morning Herald, Carl Herr ABC News Sydney and David
Cooper 702 Sydney, 17 August 2011
•
J. Kyriakakis, ‘Securency Charges Will Finally Test Our Unused
Bribery Laws’, The Conversation, 7 July
•
J Kyriakakis, ‘Why Australian Firms Should be Made
Accountable for Overseas Crimes’, The Conversation,
15 April 2011
•
B. Naylor, ‘Comment on Defensive Homicide’ Radio National
PM, 4 March 2011
Social Media
As increasing numbers of people have turned to social media for
news and views on myriad issues, the Centre has increasingly used
social media tools to engage with the general public on human
rights. The Centre is committed to using some of the most popular
platforms to further its goal of increasing public education in the
area of human rights. For this reason, the Centre currently operates
the following:
•
•
A Twitter page (twitter.com/castancentre), which is a trusted
source of the latest news and opinion on human rights issues.
The Centre tweets an average of 29 links to human rights
news, views and reports each day.
A Facebook page (facebook.com/thecastancentre), which
predominantly publicises the Centre’s latest goings-on,
including upcoming events, blog posts and media stories,
policy papers and parliamentary submissions.
•
A YouTube channel, which hosts videos of many of our public
events, plus shorter interviews conducted with human rights
experts.
•
Two blog sites: the main site (castancentre.com) carries
opinion pieces by Centre academics on various issues while
the secondary site (castanglobalinterns.wordpress.com) carries
reports posted by the Centre’s Global Interns when they are
overseas on assignment.
We believe that social media is a vital tool for creating a stronger
human rights culture by engaging with our existing supporters and
reaching new audiences. Our plan is to strongly expand our social
media presence in the coming years.
Relevant year-end statistics for social media (with 2010 figures in
brackets) were:
•
2315followers on Twitter (715).
•
988 followers on Facebook (612).
•
17,003 hits on its main blog site for the year (3297).
•
4378 hits on its Global Interns blog site for the year (1862).
The Centre did not have statistics for its YouTube page (youtube.
com/castancentre) by the end of 2011.
Centre staff produced the following posts for the main blog site in
2011:
•
Castan Centre, ‘The Human Rights (Parliamentary Scrutiny)
legislation: an important but “second best” development,
29 November 2011
•
A. Fletcher, ‘The Right to Privacy in Australia’,
12 September 2011
•
A. Fletcher, ‘The Migration Legislation Amendment (Offshore
Processing and Other Measures) Bill 2011,
29 September 2011
•
A. Fletcher, ‘Do we need better privacy protection in
Australia?’, 31 October 2011
•
A. Fletcher, ‘Retrospective People Smuggling Bill: a Breach of
our Constitution?’, 9 November 2011
•
A. Fletcher, ‘Can the Australian Government Return
Unsuccessful Asylum-seekers to Afghanistan?’,
15 November 2011
•
A. Fletcher, ‘Rolling the Federal Anti-Discrimination Acts into
One ‘Great Big New Law’’, 5 December 2011
•
P. Gerber, ‘Denying gay marriage only hurts the children’,
Castan Centre for Human Rights Law Blog, 7 September 2011
•
S. Joseph, ‘The Giffords shooting: a view from the Antipodes’,
11 January 2011, (reprinted in Online Opinion on 14 January at
its editor’s request)
•
S. Joseph, ‘Tweeting human rights and two Revolutions (so
far)’, 12 February 2011
•
S. Joseph, ‘Chris Mitchell should put up rather than shut up’,
3 March 2011
•
S. Joseph, ‘Humanitarian Intervention in Libya’, 18 March
2011, (reprinted in Online Opinion on 23 March at its editor’s
request)
•
S. Joseph, ‘The dilemma of humanitarian intervention’,
E-International Relations, guest blog, 27 March 2011
•
S. Joseph, ‘The killing of Osama bin Laden: his right to life and
the new torture debate’, 5 May 2011
•
S. Joseph, ‘Mr Rudd is wrong on arbitrary detention’,
26 May 2011
•
S. Joseph, ‘The SARC review of the Victorian Charter of
Rights and Responsibilities – profoundly disappointing’ (with J.
Debeljak and A. Fletcher), 15 September 2011
•
S. Joseph, ‘SARC wants to keep Victorian Charter – so long as
it’s not a Charter anymore’, 19 September 2011
•
S. Joseph, ‘Troy Davis, the death penalty, and international
human rights law’, 28 September 2011
•
M. Castan, ‘It’s time to recognise Indigenous Australia’,
9 December 2011
•
S. Joseph, ‘Andrew Bolt, Free Speech and Racial Intolerance’,
29 September 2011
•
E. Contini, ‘Debunking a scare campaign: an exchange
between a US Senator and his US constituent over the Gitmo
trials’, 20 January 2011
•
S. Joseph, ‘The “Occupy” movement and the importance of
civil protest’, 26 October 2011
•
A. Fletcher, ‘Trial by media takes on a whole new meaning in
Victoria’, 4 August 2011
•
S. Joseph, ‘Plain packaging legislation and international
investor rights: a challenge to Australia’s regulatory sovereignty,
28 November 2011
•
A. Fletcher, ‘Injunction against the Government’s Malaysian
‘Arrangement’’, 9 August 2011
•
S. Joseph, ‘Time’s person of the year: The Protestor’, 15
December 2011
•
A. Fletcher, ‘Malaysian Arrangement Dead in the Water – Time
to End of Offshore Processing’, 2 September 2011
•
S. Joseph, ‘A silly season blog: Tintin and Human Rights’,
26 December 2011
•
M. Smith, ‘Swaziland, where it’s good to be the king’,
29 April 2011
•
M. Smith, ‘Vaccinating kids, spying on Bin Laden: just another
misuse of humanitarian aid’, 21 July 2011
•
T. Penovic, ‘Sky should now withdraw its Australia Network
tender’, 18 July 2011 (reprinted in Online Opinion at its editor’s
request)
4. Research
Much of the work produced by the Castan Centre is underpinned
by its outstanding research capabilities. The Centre’s Director, five
Deputy Directors and seven Associates produce research leading
to books, journal articles, conference papers, submissions to
parliamentary inquiries, policy papers and opinion pieces.
Book Chapters
•
G. Boas, ‘Joinder and the Death of Milošević’, in Timothy
William Waters, The Milošević Trial – An Autopsy (Oxford
University Press, 2011), 13 pages
•
G. Boas, ‘Omission Liability in International Criminal Law – A
Case for Reform’, in Shane Darcy and Joseph Powderly,
Judicial Creativity at the International Criminal Tribunals (Oxford
University Press, 2011), 204-226
•
G. Boas, ‘Command Responsibility for the Failure to Stop
Atrocities: The Legacy of the Tokyo Tribunal’ in Yuki Tanaka,
Timothy LH McCormack and Gerry Simpson (eds), Beyond
Victors’ Justice? The Tokyo War Crimes Trial Revisited
(Martinus Nijhoff, in press 2011), 163-173
•
J. Debeljak, ‘Combating Transnational Crime in the Greater
Mekong Subregion – the cases of Laos and Cambodia’ in Les
Holmes (ed), Trafficking and Human Rights: European and
Asia-Pacific Perspectives (Edward Elgar, Cheltenham, UK,
2010) 133-52 (with Susan Kneebone).
•
P. Gerber and A. Sifris, ‘It Makes No Sense: Adoption by
Same-sex Couples in Australia’ in Marsh, Victor (ed) Speak
Now: Australian Perspectives on Same-sex Marriage (2011)
Clouds of Magellan Press, Melbourne
•
S. Gray, ‘The Albino and the Story-teller: Eugenics and the
Best of Intentions in 1930s Darwin’, in Russell West-Pavlov
and Jennifer Wawrzinek (eds), ‘Frontier Skirmishes: Literary
and Cultural Debates in Australia after 1992’, Universitatsverlag
Heidelberg, 2010, pp. 295-311.
•
Maria O’Sullivan (with Susan Kneebone), ‘Commentary on Art
1C of the Refugee Convention’ for A Zimmerman ed, The 1951
Convention Relating to the Status of Refugees and its 1967
Protocol (OUP 2011) pp. 481-535
•
R. Sifris, ‘An International Human Rights Perspective on
Detention Without Charge or Trial: Article 9 of the International
Covenant on Civil and Political Rights’ in Bernadette McSherry
and Patrick Keyzer, Dangerous People: Policy, Prediction, and
Practice (Routledge, 2011)
Publications by Centre staff in 2011 were:
Books and Edited Collections
•
G. Boas, J. Bischoff, N. L. Reid and B. Don Taylor III,
International Criminal Procedure (Cambridge University Press,
2011)
•
S. Gray, The Protectors, a journey through whitefella past (Allen
& Unwin, 2011)
•
S. Gray, Book, Brass Disks, Dog Tags and Finger Scanners:
The Apology and Aboriginal Protection in the Northern Territory
1863-1972, (Charles Darwin University Press, 2011).
M. Castan, Constitutional Deficiencies in the Protection of
Indigenous Rights: Reforming the ‘Races Power’ Indigenous
Law Bulletin, September 2011
•
A. McBeth, J Nolan & S Rice, The International Law of Human
Rights 2011 (OUP, Melbourne)
M. Castan, Book Review “Stephen Gray: The Protectors; a
journay through whitefella past”, (2011) 36(2) AltLJ 140
•
M. Castan, P. Gerber, A. Gargett, ‘Indigenous Australians’
Access to Birth Registration Systems: A Breach of International
Human Rights Law?’ (2011) 17(1) Australian Journal of Human
Rights 55-89
•
J. Debeljak and M. Castan, ‘Indigenous Peoples’ Human
Rights and the Victorian Charter: a Framework for Reorienting
Recordkeeping and Archival Practice’ (2011) Archival Science
213-234
Joseph
4
Blame it on the WTO?
A Human Rights Critique
The World Trade Organization (WTO) is
often accused of, at best, not paying enough
attention to human rights or, at worst,
facilitating and perpetuating human rights
abuses. This book weighs these criticisms and
examines their validity, incorporating legal
arguments as well as some economic and
political science perspectives.
Blame it on the WTO?
After introducing the respective WTO and
human rights regimes, and discussing their
legal and normative relationship to each
other, the book presents a detailed analysis
of the main human rights concerns relating
to the WTO. These include the alleged
democratic deficit within the Organization
and the impact of WTO rules on the right to
health, labour rights, the right to food, and on
questions of poverty and development.
Given that some of the most important
issues in the WTO concern its impact on
poor people in developing states, the book
asks whether rich states have an obligation
to the people of poorer states to construct a
fairer trading system that better facilitates
the alleviation of poverty and development.
Against this background, the book examines
the current Doha round proposals, as well as
suggestions for reform of the WTO to make it
more ‘human rights-friendly’.
Sarah Joseph is Professor of Law and Director
of the Castan Centre for Human Rights Law
at Monash University in Melbourne.
9 780199 565894
2
ISBN 978-0-19-956589-4
G. Boas, ‘Comment’ in response to Christian De Vos,
‘Someone who comes between one person and another:
Lubanga, local co-operation and the right to a fair trial’, in
Melbourne Journal of International Law, Online Symposium,
2011.
S. Joseph, Blame it on the WTO: A Human Rights Critique
(OUP, Oxford, 2011)
•
ation Images
•
•
•
1
Journal Articles
Sarah Joseph
•
J. Debeljak, ARC Linkage Grant, entitled Applying Human
Rights Legislation In Closed Environments: A Strategic
Framework For Managing Compliance, with fellow Chief
Investigators Dr Bronwyn Naylor, Prof Arie Freiberg, Dr
Inez Dussuyer, and Dr Stuart Thomas and six collaborating
organisations: Commonwealth Ombudsman, Ombudsman
Victoria, Victorian Equal Opportunity and Human Rights
Commission, Office of the Public Advocate, Office of the
Inspector of Custodial Services (WA), Office of Police Integrity,
$587,803, consisting of $323,803 cash ($188,803 cash
from the ARC and $135,000 cash from the Collaborating
Organisations) and $264,000 in-kind, which runs from 2008 to
2012
P. Gerber with A. Sifris ‘Same-Sex Marriage in Australia: A
Battleground for Equality’ (2011) 25 Australian Journal of
Family Law 96-120
•
P. Emerton, (with J. Goldsworthy and D. Smith), A Principled
Theory of Legal Interpretation’, ARC Discovery Grant,
$216,000, 2010-2012
•
P. Gerber, ‘The United Nations Declaration on Human Rights
Education and Training: Are its strengths greater than its
weaknesses?’ (2011) 36(4) Alternative Law Journal
•
S. Gray, Publication subsidy grant of $2,000 received from
Monash Law Faculty Research Grants Committee for
publication of ‘Brass Disks, Dog Tags and Finger Scanners’
(Charles Darwin University Press, 2011).
•
S. Gray, ‘Ferdinand von Schirach, Crime’, in (2011) 36:1
Alternative Law Journal 72
•
•
S. Gray, ‘”Far too little Flogging”: Chinese and the Criminal
Justice System in the Northern Territory’, (2011) 22 Journal of
Northern Territory History 1-34
S. Kneebone, ARC Linkage Grant, entitled Law, Governance
and Regulation of the Intra-regional Labour Migration in
South East Asia: An Agenda for Protection and Development
($170,000), which runs from 2009-2011
•
•
S. Joseph, ‘Andrew Bolt, Free Speech and Racial Intolerance’,
(2011) 36: 4 Alternative Law Journal, 225-229
•
T. Penovic, Book Review: Human Rights and the Unborn Child,
Rita Joseph, (Martinus Nijhoff, 2009), Human Rights Quarterly
33 (2011) 229-242
S. Kneebone, “Law, Governance and Regulation of the Intraregional Labour Migration in South East Asia: An Agenda for
Protection and Development”, ARC Linkage Grant ($170,000),
2009-ongoing
•
S. Kneebone, “Delivering Effective Protection to Victims and
Prevention of Human Trafficking in the Greater Mekong SubRegion”, ARC Linkage Grant, ($150,000), 2009-ongoing
•
S. Kneebone, ARC Linkage Grant, entitled Delivering Effective
Protection to Victims and Prevention of Human Trafficking in
the Greater Mekong Sub-Region ($150,000) which runs from
2009-2012
•
J. Debeljak, ‘Who Is Sovereign Now? The Momcilovic Court
Hands Back Power Over Human Rights That Parliament
Intended It To Have’ (2011) 22(1) Public Law Review 15-51
•
P. Emerton, “Judges and non-judicial functions in Australia”
in H P Lee (ed), Judiciaries in Comparative Perspective
(Cambridge University Press) (with HP Lee)
•
P. Gerber and B. Chen, ‘The UN and the Human Right to
Water: Has the Tide Turned?’ (2011) 36(1) Alternative Law
Journal 21-26
•
P. Gerber, and A. Sifris, Invited Op-ed ‘Time to Amend the
Marriage Act’ (2011) 85(7) Law Institute Journal 35
•
Grants Awarded
•
G. Boas, Monash Research Accelerator Programme Grant
entitled ‘Dealing with war criminals within Australia’, ($110,000)
2011-2012
•
J. Debeljak, Law Faculty Publication Subsidy Scheme in
2011($1,120.20), to assist with the publication of Susan
Kneebone and Julie Debeljak, Transnational Crime and Human
Rights: Responses to Human Trafficking in the Greater Mekong
Subregion (Routledge, 2012, forthcoming).
•
P. Emerton, recipient of Monash Research Accelerator
Programme Grant for project titled ‘Understanding collective
political agency: a non-liberal account of national selfdetermination’ ($90,000), 2011-2012
•
P. Gerber, Recipient of Monash Research Accelerator
Programme Grant, ($110,000), 2011-2012
Ongoing Grants
•
G. Boas, co-Chief Investigator in an ARC Linkage Grant:
‘Australia’s Post World War II War Crimes Trials: A Systemic
and Comprehensive Law Reports Series’, ($220,593) which
runs from 2008-2011
•
G. Boas, ‘International Criminal Justice: Law, Policy and its
Relevance to Australia’s security’ ($176,000), ARC Discovery
Grant, 2010-ongoing
•
G. Boas, Sole Chief Investigator on ARC Discovery Project
Grant: ‘International Criminal Justice: Law, Policy and its
Relevance to Australia’s security’ ($176,000), 2010-2012
Research Consultancies
•
S. Joseph, Oxford University Press, Oxford Reports in
International
•
J. Debeljak and M. Castan, Draft and submit three law reform
proposals in the areas of Indigenous child welfare, closed
environments and human trafficking for the Attorney-General’s
Grants to Australian Organisations Program ($13,324)
•
S. Joseph, Oxford University Press, Oxford Reports in
International Law, headnotes and commentary for all decisions
of UN Human Rights treaty monitoring bodies, $100,000+,
ongoing
•
S.Joseph and A. Fletcher, Research into rates of imprisonment,
focusing on vulnerable groups including Indigenous
Australians, youth and those with a cognitive disability, and
current analysis of utilisation of alternative sentencing options,
Attorney-General’s Grants to Australian Organisations Program
$26,507.50 (2011-)
Conference Papers and Public Talks
•
M. Castan and D. Yarrow, Is Australia a mixed legal system?
The clash of interpretive positivism and Indigenous tradition in
Australian property law”, Third International Congress of World
Society of Mixed Jurisdiction Jurists, 22 June 2011
•
J. Debeljak, “Momcilovic v R: The High Court’s Views on
the Constitutionality and Operation of the Victorian Charter”,
Castan Centre for Human Rights Law Public Lecture Series,
Melbourne, 10 October 2011
•
S. Gray, “Northern Territory Intervention”, Progressive Law
Network first annual conference, Monash University Law
Chambers. 19 March 2011
•
S. Gray, Author talks on The Protectors at The Paperchain
bookshop, Manuka, Canberra (5 July 2011); at Gleebooks,
Glebe, Sydney (6 July 2011).
•
S. Gray, Northern Territory Anti-Discrimination Commission and
Northern Territory Committee for Human Rights Education,
‘The Apology and Good Intentions: what was White Australia
really apologising for?’, Charles Darwin University,
8 August 2011
•
S. Gray, Northern Territory Library, ‘Why have a debate about
the past?’, 11 August 2011
•
S. Joseph, ‘Tweeting the revolution: social media and human
rights’, Castan Centre/Human Rights Law Review Seminar,
Monash University Law Chambers, 5 April 2011
•
S. Joseph and G. Boas, Forum on the killing of Osama Bin
Laden, Monash Alumni Series, BMW Edge, Federation Square,
Melbourne, 20 June 2011
6. Teaching and Supervision
Monash University operates the longest-running Masters course
in Australia devoted to human rights law, in addition to its rich
offerings in the area at the undergraduate level. Since the
establishment of the Castan Centre in 2000, student interest
in human rights has markedly increased. At the same time, the
number of human rights academics employed in the Monash Law
Faculty has continued to grow, allowing the Faculty to increase the
range of units on offer.
In 2011 the following units were offered.
Postgraduate Units
•
Comparative Bills of Rights, A. Ward
•
Forced Migration and Human Rights, S. Kneebone
•
Genocide in international law, W. Schabas
•
Health Law and Human Rights, I. Freckleton
•
International covenant on civil and political rights, S. Joseph
•
International Criminal Justice, G. Boas
•
International human rights law and development, R. Atuguba
•
International Humanitarian Law, G. Boas
•
International Human Rights Law and Women, K. Eastman
•
Overview of international human rights law, (offered twice each
year), J. Debeljak and K. Eastman
•
S. Joseph, ‘Keeping your privates’ private: Social media,
workplace surveillance and you’, LIV Young Lawyers’ Law
Reform Committee, 8 September 2011
•
S. Joseph, ‘Human rights and the media in the 21st century’,
Adelaide Festival of Ideas, 9 October 2011
•
Protecting the Rights of Minorities, Marginalised and Vulnerable
People, P. Gerber
•
S. Joseph, ‘International human rights law, journalism and the
public interest’, in ‘Tomorrow’s law: disclosure of information –
balancing public and private interests’, MacQuarie University
(hosted at Customs House, Sydney),
18 November 2011
•
Terrorism and Human Rights, S. Joseph
•
Advance Professional Practice (Human Rights), A. Evans
(Semester 1) and R. Hyams (Semester 2)
M. O’Sullivan, ‘Protection against Refoulement: The Notion of
“Acquired Rights” under the Refugee Convention’, delivered
at the workshop ‘Refugees and The Refugee Convention 60
Years On: Protection and Identity’, 2-3 May 2011, Monash
University, Prato, Italy
•
Human Rights in Australian Law, T. Penovic
•
Indigenous Peoples and the Law, S. Gray
•
International Criminal Law, J. Kyriakakis
•
International Human Rights Law, A. McBeth
•
International Refugee Law and Practice, M. O’Sullivan
•
International criminal law, J. Kyriakakis
•
International human rights, H. Askola (Prato program)
•
International laws of armed conflict, G. Boas
•
Law and discrimination, C. Campbell
5. Human Rights Training Consultancies
•
Law, Gender and Feminism, F. Hum
The Centre conducts short courses and training programs,
predominantly for Australian and international government officials.
In 2011 it conducted the following program:
•
Law and Social Theory, P. Emerton
•
•
•
M. O’Sullivan, ‘Offshore Processing and the Rule of Law Lessons from Australia’, Refugee and Forced Migration Studies
(CARFMS) Annual Conference: Human Rights Challenges,
11-13 May 2011, McGill University, Montreal, Canada
A. McBeth, “A Tale of Two Projects: Human Rights
Accountability in Development Projects”, Human Rights
& Governance Colloquium, 24-25 November 2011, QUT,
Brisbane, 2011
‘The International Criminal Court’, VCE High School Teacher training
conducted at Social Education Victoria, Melbourne, 16 September
2011 (J. Kyriakakis)
Undergraduate
PhD, SJD and LLM Major Thesis Completions
In addition to formal teaching, Centre academics supervise
postgraduate students undertaking their degree by research.
Students may undertake a LLM by research instead of coursework.
At the doctoral level, candidates have two options: the SJD, for
which students must complete four postgraduate subjects and
write a 50,000 word thesis, and the PhD, for which students must
complete a 100,000 word thesis.
Research students generally develop outstanding levels of
knowledge in their chosen field and often progress to academia,
or work in fields related to their study. For these reasons, we
consider nurturing research students to be a vital contribution to
human rights scholarship and practice. Candidates for the various
research degrees in 2011 were:
PhD
•
Natalie Stroud, The Koori Court of Victoria: An answer to
cultural and language disadvange for indigenous offenders in
the criminal justice system? (M. Castan)
•
Sue Teppendon, Neo-liberalist doctrine of individual rights (P.
Emerton)
•
Noel Villaroman, The intersection of the human right to religious
freedom and planning laws Building God’s Temple: Planning
Regulations, Places of Worship and Religious Freedom in
Australia (A. McBeth with P. Gerber)
SJD
•
Caroline Aebersold, Investment Law and Human Rights Law
(S. Joseph)
•
Mark Gumbleton, Complicity in crime (S. Gray)
•
Olivia Ball, All the way to the UN: Is petitioning a UN human
rights treaty-body worthwhile? (P. Gerber)
•
Melba Kapesa, Mining Corporations and Human Rights (S.
Joseph and A. McBeth)
•
Azadeh Dastyari, Out of Sight, Out of Right? : Extraterritorial
processing of Refugees by the United States on the Caribbean
Sea (A. McBeth with P. Emerton and S. Kneebone)
•
Elizabeth King, From Milosevic to Guantanamo Bay, an
examination of the construction of the due process norm in the
enforcement of International Humanitarian Law (G. Boas)
•
Sina Etezazian, Ambiguities regarding the prerequisites for the
exercise of self-defence (G. Boas)
•
Mark Morley, Religious Minorities in Pakistan (S. Joseph)
•
Ekram Haque, Protection of economic, social and cultural
rights: a critical analysis of the fundamental principles of state
policy in the Constitution of Bangladesh (S. Joseph) (awarded
degree 2011)
•
Athena Nguyen, United States Peacekeepers and Sexual
Exploitation (S. Kneebone and S. Joseph)
•
Robin Smith, The paradox of legal responsibility: the
application of corporate criminal liability to the state (G. Boas)
•
Phuong Thi Tue Hoang, ‘Trafficking in and from Vietnam’ (S.
Kneebone)
•
Aderajew Teshome, Ethiopia’s Response to Human Trafficking:
Towards Effective Criminalisation and Protection (S. Kneebone)
•
Bryan Keon Cohen (staff PhD), The Mabo Litigation (M. Castan)
(awarded degree 2011)
•
Nicola Walker, The Australian Human Rights Framework - How
effective can it be in protecting human rights? (J. Debeljak)
•
Brendan Loizou, Determining Native Title (M. Castan)
Honours
•
Anita MacKay, A Human Rights Perspective on Detention in
Australia – Current Deficiencies and Ways Forward (J. Debeljak
with B. Naylor)
•
Fiona McKay, An Investigation of the Influences of Attitudes
and Opinions towards Asylum Seekers and Refugees in
Australia (S. Thomas and S. Kneebone)
•
Marika McAdam, Strengthening the human right of freedom
of religion and belief by protecting freedom from religion (S.
Joseph)
•
Reyvi Marinas, Filipino Migrant Activism in Australia examined
through the lens of Hannah Arendt (S. Kneebone and M.
Janover)
•
Engi Messiah, Rule Against Double Jeopardy in Criminal Law
(J. Kyriakakis, ongoing; Associate Supervisor, Main supervisor
– B. Naylor)
•
Katie O’Bryan, Indigenous Rights to Participate in the
Management of Inland Water Resources (M. Castan)
•
Maria O’Sullivan, The Use of the Cessation Clause under
Art1C(5) of the Refugees Convention (S. Kneebone)
•
Ronli Sifris, Conceptualising Restrictions on Abortion and
Involuntary Sterilisation Procedures as Torture or Cruel,
Inhuman or Degrading Treatment (S. Joseph, associate
supervisor, Main supervisor – B. McSherry)
(awarded degree 2011)
•
Sayomi Ariyawansa, Almost Anywhere but Here: Australia,
Offshore Processing and “Safe Third Countries” (S. Kneebone)
•
David Carolan, Sentencing in international criminal law
(A. McBeth)
•
Joseph Charles, Do Corporations have human rights
(S. Joseph)
•
Helen Fabyini, Evaluating Indigenous Welfare Reforms in the
Northern Territory and Queensland (M. Castan)
•
Sushendra Fernando, The National Security Exception to
Freedom of Expression (A. McBeth)
•
Chris Holt, Sexual Orientation and International Law: Is Being
Queer a Universal Human Right (J. Debeljak)
•
Sarah Lenthall, Ensuring Fair Play by Transnational
Corporations: The Extractive Industry, the Resource Curse
and the Right to Development in Developing Countries (J.
Kyriakakis)
•
Sarah-Mae Thomas, A Pluralist Approach to Women’s
Property Rights in South Africa and Kenya: How Customary
Law and Common Law can together protect and promote
Human Rights (J. Debeljak)
•
Kim Northwood, Jurisdiction over terrorist crimes: Examining
the case for a rule of permissive universal jurisdiction in
customary international law to try certain crimes of terrorism
(J. Kyriakakis co-supervisor with G. Boas)
•
William Parker, Concerned repatriation of Indigenous ancestral
remains in Australia, the UK and the US (S. Gray)
•
Christopher Spain, Humanitarian Intervention: The Vital Last
Resort (G. Boas)
•
Crystal Triggs, Indigenous Peoples Right of Self-Determination
in International Law (S. Joseph)
•
Julian Vido, EU Renewable Energy Directive with the WTO
General Agreement on Tariffs and Trade (S. Joseph)
•
Jing Zhu, Counter-terrorism laws (A. McBeth with P. Emerton)
Undergraduate Papers
•
Alainnah Calabro, How can protocols be used to resolve
issues involving access and control of Indigenous cultural
materials that are subject to Copyright law?, (S. Gray)
•
Melissa Chan, The Malaysian ‘Solution’: No Solution at All,
(T. Penovic)
•
Namrata Kant, The ATCA, the ICC, and Corporate Human
Rights Abuses: An Analysis in Terms of Union Carbide and
Unocal (J. Kyriakakis)
•
focus. Eighty one of the placements so far have been undertaken
by Monash University students and graduates. Research shows
that twenty percent of these interns end up working in full-time,
part-time or contract positions in Indigenous Affairs after completing
their degrees.
The Indigenous Students’ Guide to postgraduate scholarships
in Australia and overseas, and a similar undergraduate guide, list
opportunities in a wide range of disciplines, including architecture,
the arts, business, education, engineering, government, health,
humanities, information technology and law.
Our People
The Castan Centre sits within the Law Faculty at Monash University.
The Centre is governed by the Director and five Deputy Directors,
who are all senior Faculty members with teaching and research
expertise in human rights. Centre Associates are Faculty members
who are recognised for their role in assisting the Centre. Day to day
operations are carried out by the Director and the administrative
staff.
Director
Prof. Sarah Joseph Director
Srindhi Kulkarni, Sexual Violence in Conflict and the ICC: Is the
End to an Era For Sexual Violence Against Women in Sight?’
(J. Kyriakakis)
Deputy Directors
Sean Mulcahy, Legal regulation of Aboriginal labour in Western
Australia 1905-35, (S. Gray)
Dr Paula Gerber (Acting Director from 6 to 26 June)
•
Penelope Swales, Contemporary Aboriginal Law (S. Gray)
Ms Tania Penovic (Newly appointed from May, OSP first semester)
•
Brian Yeom, Protecting Indigenous artwork: the merits of
introducing a copyright registration system in Australia,
(S. Gray)
Associates (Faculty staff)
•
Ms Melissa Castan (OSP first semester)
Dr Julie Debeljak (Acting Director from 27 June to 17 July)
Dr Adam McBeth (OSP first semester)
Dr Heli Askola
Dr Gideon Boas
Graduate Paper
Ms Azadeh Dastyari
•
Dr Patrick Emerton
Bilal Hayee, Blasphemy Laws in Pakistan (S. Joseph)
Masters by Research
•
Mel Keenan, Sorcery and Law in Papua New Guinea
(M. Castan)
7. Indigenous Programs
Since 2004, the Castan Centre has been involved with the Aurora
Project. Initially established to implement the recommendations
of Castan Centre Deputy Director Melissa Castan and Mr Richard
Potok regarding capacity building at Native Title Representative
Bodies, the Project has since expanded significantly.
Dr Stephen Gray
Dr Joanna Kyriakakis
Ms Maria O’Sullivan (Newly appointed from August)
Ms Ronli Sifris (Newly appointed from August)
Associates (external)
Dr David Yarrow
Chris Sidoti
Awards
P. Gerber, Australian Learning and Teaching Council Citation for
Outstanding Contribution to Student Learning, 2011
In addition to the capacity building work, the project, which is
operated in conjunction with Aurora Projects and Programs,
includes other features such as assistance with recruitment, the
operation of a large-scale internship program and a handbook on
postgraduate scholarship opportunities for Indigenous students.
The project is funded predominantly by the Commonwealth
government.
P. Gerber, Monash University Law Faculty Award for Excellence in
Research by an Early Career Researcher, 2011
The program has had great success in boosting the capability
of the NTRBs and other indigenous bodies through ongoing
professional development training and other assistance. The
program has had outstanding results since its inception through
to the summer 2011/12 round, having arranged 947 legal,
anthropology and other social science placements at 75 host
organisations (including NTRBs and organisations working in land
rights, social justice and human rights) - all with an Indigenous
Administrative Staff
P. Gerber, Inducted into the Victorian Honour Roll of Women, 2011
M. Smith, Monash University Vice-Chancellor’s Award for
Exceptional Performance by Professional Staff, 2011
Marius Smith – Manager
Erica Contini – Project Officer (January – August)
Adam Fletcher – Manager, Accountability Project
(Newly appointed from August)
Andre Dao – Project Officer (September to December)
Janice Hugo – Administrator
Patron-in-Chief
Her Excellency Ms Quentin Bryce AC, Governor-General of the
Commonwealth of Australia
Patron
The Hon Michael Kirby AC CMG
Academic Advisory Board
Professor Philip Alston, New York University School of Law
Patrick Dodson, Lingiari Foundation Inc
Elizabeth Evatt, former member, UN Human Rights Committee;
Chair of Board for Public Interest Advocacy Centre, Sydney
Professor Claudio Grossman, Chair, UN Committee against Torture
(also Dean, Washington College of Law, American University)
The Hon Judge Felicity Hampel, County Court of Victoria
Professor Christof Heyns, UN Special Rapporteur on extrajudicial,
summary or arbitrary executions, University of Pretoria, South Africa
Professor Ivan Shearer, former member, UN Human Rights
Committee; Emeritus Professor, University of Sydney
Judge Christie Weeramantry, retired, International Court of Justice,
founder, Weeramantry International Centre for Peace, Education
and Research, Sri Lanka
Our Supporters
Benefactors ($25,000 or more per year)
The Helen and Bori Liberman Family
Monash University Faculty of Law
Guardians ($10,000 or more per year)
Daniel and Danielle Besen
Clayton Utz
The Alan and Elizabeth Finkel Foundation
Peter Hanks QC
Holding Redlich
Michael and Sylvia Kantor
Monash University Office of the Deputy Vice Chancellor (Education)
Nordia Foundation
Believers ($2500 or more per year)
Corrs Westgarth Lawyers
David Shavin
Enthusiasts ($1000 or more per year)
List G Barristers
Justice John Middleton
Victoria Legal Aid
Victorian Equal Opportunity and Human Rights Commission
Friends ($500 or more per year)
•
Consultancies and research: 45%
Alan Missen Foundation
Australian Lawyers Alliance
Futureye
Judge Felicity Hampel
David Laidlaw
Law Institute of Victoria
Minter Ellison Lawyers
Professor Ivan Shearer
•
Monash University 17%
Supporting Members ($100 or more per year)
•
Sponsorship and events: 14%
•
Foundations 12%
•
Individuals 12%
Members
2906 as at 31 December 2011.
Funding
The Centre received its funding from the following sources in 2011:
Twenty six percent of total funding is derived from one consultancy
project – The Aurora Project – which is due to complete in 2012.
The Centre must replace this income and plans to do so through
a combination of new consulting work, increased donations and
sponsorship and income from fundraising events.
The Hon Catherine Branson
Deborah Candy
Dr Jocelyn Dunphy-Blomfield
Joan Grant
Justice Peter Gray
Liz Hughes
Anita Kaminski
Philip Lynch
Sue Pennicuik MLC
Ian Pyman
Peter Rashleigh
Melanie Speldewinde
Jennifer Strauss
Paul Wand AM
Anonymous
8.5mm 8.5mm
113mm
45mm
17mm
8.5mm
8.5mm
Further information
Faculty of Law
Building 12, Clayton Campus
Monash University, VIC 3800
Law
12.75mm
8.5mm
Castan Centre For
Human Rights Law
Telephone: +61 3 9905 3327
Fax:
+61 3 9905 5305
Email: castan.centre@monash.edu
facebook.com/TheCastanCentre
twitter.com/CastanCentre
8.5mm
Annual Report 2011
4.2mm
www.law.monash.edu
www.law.monash.edu/castancentre
8.5mm
8.5mm
Australia
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Malaysia
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South Africa
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Italy
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India
www.law.monash.edu/castancetre
8.5mm