Australian+Mechanisms+for+Achieving+Justice

Previous sections of this website, have provided that migrants experience many disadvantages in Australia. To bring justice and equity to these migrants, State and Federal governments of Australia have imposed several laws to ensure the rights of migrants are protected. Together, with the Multicultural Policies and services provided by government and community organizations are the mechanisms for achieving justice for migrants in Australian society.

__**Anti Discrimination Laws**__ Such laws include: - [|Racial Discrimination Act 1975 (cth)] - [|Human Rights and Equal Opportunity Act 1986] - [|Anti Discrimination Act 1977]

__Racial Discrimination Act 1975__ The Racial Discrimination Act 1975 is the first Australian Legislation that Outlawed Racial Discrimination. This was a ratification after the Commonwealth Government signed the International Convention on the Elimination of all Forms of Racial Discrimination. The Racial Discrimination Act was passed under the "external affairs" power enacted in section 51(xxix) of the Australian Constitution.

__Human Rights and Equal Opportunity Act 1986__ The aim of this act is to make a provision in relation to human rights and in relation to equal opportunity in employment, and for related purposes.

__Anti Discrimination Act 1977__ The Anti Discrimination Act is an act of New South Whales Parliament that enacted in 1977. It deals with discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs.


 * [|The Anti-Discrimination Board]** was set up under the NSW Anti-Discrimination Act 1977 to administer Anti Discrimination Laws in NSW. The Anti-Discrimination Board handles complaints of discrimination made by the public, provides an inquiry service for people who wish to find out about their rights or responsibilities under the Act. The Board is also empowered to accept, investigate and conciliate on complaints wherever appropriate.

Source: http://www.rurallaw.org.au/handbook/xml/ch08s09.php
 * __Anti-discrimination Statutes (Commonwealth)__**

__**Development of Multiculturalism and the Whitlam Government**__ Multiculturalism first started in Australia when the Whitlam Government introduced multiculturalism as a government policy in 1972. This means that from now on the government has acknowledged the value of cultural diversity, freedom of expression and the sharing of individual cultures.

In 1973, the Whitlam Government took three major action to remove race as a factor in Australian's Immigration policies. These are: -"Legislate that all migrants, of whatever origin, could obtain citizenship after three years of permanent residence. -"Instructed overseas posts to totally disregard race as a factor in the selection of migrants" -"Ratify all International accords relating to immigration and race."

Source: Janet McCarthy. (2004). Preliminary Legal Studies.


 * __International Laws on Migration__**

There are a number of international Laws and Treaties aimed at protecting the rights of international migrants and illigal immigrants.

__IllegalImmigration:__ There are distinct difference between migrants and illegal immigrants. Illegal Immigrants or Illegal refers to "Immigration across national borders in a way that violates the immigration laws of the destination country." Although to be Illegal Immigrants, they must have breached the law of certain country that they went to, however, if caught, there are still a number of international laws and treaties to protect and ensure the rights they have.

[Adopted by General Assembly Resolution 45/158 of 18 December 1990.]**
 * The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

In 18th December 1990, The General Assembly adopted the [|International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families](WMC). This convention established the rights of migrant workers and to ensure that those rights are protected and respected. It also serves as a model for individual states to ratify their law.

Under the MWC, migrant workers and their families are entitled to
 * The right to recognition everywhere as a person before the law
 * The right to family reunification
 * The right to protection against arbitrary arrest or detention
 * The right to be free from discrimination
 * The right to enjoy equal treatment not less favorable than that which applies to nationals
 * The right to the same standards of fitness, safety, health and principles of human dignity as nationals
 * The right to form associations and trade unions

__The International Labour Organization__ The International Labour Organization (ILO) is the only tripartite UN agency that brings together governments, employers and workers of member states to solve and improve labour related issues.

The mission for ILO is to: "Advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work-related issues." [ [|ILO] ]

Here is an example of Problems faced by Migrant Workers in the international community. [Conditions of Migrants in China] http://www.youtube.com/watch?v=

__On the news...__ Last year, three Migrant Workers were killed. These three worker worked on the 457 visa. There are calls for judicial inquiry into the scheme which lets employers sponsor temporary overseas workers to fill vacancies. However, Kevin Andrews, Australia's Immigration Minister says there is no need for an inquiry. Further information on http://www.abc.net.au/news/stories/2007/08/28/2018015.htm

__Back to Migrants Title Page__

BIBLIOGRAPHY

[|]