MR. JOHN VON DOUSSA

President of Australian Human Rights and Equal Opportunity Commission

Mr. John Von Doussa was a Judge of the Federal Court of Australia and the President of the Australia Competition Tribunal. He presently represents HEROC as a member of the International Coordinating Committee of National Human Rights Institutions based in Geneva, and is Chairman of the Asia-Pacific Forum of National Human Rights Institutions. 

Abstract of Paper“ Security and Human Rights in Australia: Australia’s counter-terrorism response” 

This paper addresses one of the Forum themes: ‘Security and Human Rights’. Since 11 September 2001, governments around the world have responded to the threat of terrorism with tough measures to protect the lives and security of their communities – to protect their fundamental human rights. New security measures give government authorities unprecedented powers, which can seriously infringe the basic human rights of those against whom the powers are exercised. Yet the argument is heard; “Why worry about the human rights of those who are themselves showing contempt for the lives and rights of others?”  

This paper contends that under international law the human rights of both groups – the community at large and those who become the subject of counter-terrorism measures – must be protected. Established human rights principles allow for an appropriate balancing of human rights and security to meet this end. Failure to achieve this balance undermines the effectiveness of security measures. Drawing on the Australian experience with counter-terrorism laws, the paper proposes principles that should inform counter-terrorism measures.