Debate Position on Human Rights - Coursework Example

Running Header: Debate Position Paper Student’s Name: Instructor’s Name: Course Code & Name: Date of Submission: Debate Position Paper Introduction Human rights are the basic rights and freedoms that must be availed to every man by the virtue of hi/her being human. The united nations have laid down a universal bill of human right and freedoms that each and every human should enjoy throughout the world (U.N. 2011,p. 1). The United Nations has taken the task of ensuring that there is no breaching of human rights and freedoms in the world. This is the reason as to why the organization intercedes in every crisis and matters that interfere with human rights all over the world. However, breaching of the human rights by individual or countries is a common phenomenon. For this reason various authorities have varying penalties for those found guilty of violating human rights and freedoms. Human Rights The human rights are defined by the United Nations in the universal bill of rights. The General Assembly of the United Nations dictates the universal declaration of human rights as the basic and fundamental rights and freedoms that every human should enjoy by virtue of being a human being. The human rights gets their definition from the United Nations human rights commission (Moonage 2011, p 32). Human rights are enforced by various organizations and authorities in the world. The United Nations is in the frontline towards enforcement of the freedoms. The United Nations gives sanctions and restrictions to the individuals and countries propelling acts of human right violation. The world conference on human rights held in Vienna in June 1993 by the United Nations came up with the Vienna declaration which stated the organizations’ and members declaration towards upholding human rights and freedoms in their country (United Nations 1993, p 4). Since then, the Vienna declaration and programme of action has been adopted into the practices of the United Nations. The Mandatory Detention of asylum seekers in Australia Australia has a practice of forcefully detaining refugees who have come to seek asylum in the country. The country normally detains people which have made their way into the country via the sea. Mandatory detention of refuges came into being in 1992 after being passed by the countries legislature. The move was in a bid to inhibit the influx of many Vietnamese, Cambodian and Chinese refugees in the country. Other countries of origin for the refugees are Afghanistan, Sri Lanka, Iraq and Iran (Refugee Action Coalition 2009, p. 45). According to the refugee action coalition, the refugees come by boat to Australia since boats are the safest mode of transport in time of crisis. The mandatory detention of refugees on boats is not targeted for people travelling on boats, but is a common characteristic for people coming from the stated countries to come by boat because it suits their needs and situation. The refugees come into the country specifically since it is one of the few countries between itself and Sri Lanka which have signed the United Nations refugee convention. Australia also enjoys a stable economic and political environment making it a desired destination for people seeking asylum. A major shortfall of the detention camps in Australia is the detention of children together with adults in the harsh conditions associated with the camps (Australian Human Rights Commission 2011, p.76). This has received major criticism internationally and from human right activists and the United Nations. Mandatory detention does not take into account the situation of the refugee hence considered a violation of the human rights of the detainee. Rights of the asylum seekers The most important right for an asylum seeker is is/her right to seek asylum in other countries provided he/she is fleeing from persecution or any other humanitarian grounds. This is the first right of refugees that is breached by the mandatory detention of refugees in Australia. The right to seek asylum is contained in the universal human. Hence the seeking of asylum from other countries is not a crime but a fundamental right for every human being which is the main right breached by the mandatory detention(Public Health Association of Australia inc 2010, p.89).another right that is breached by mandatory detention is the right to get a fair hearing . This is because the refugees are usually detained without being tried fairly in a court of law. The universal human rights dictate that every human being has a right to get a fair hearing in a court of law and get a chance to prove his/her innocence before any judgment is passed. Mandatory detention of refugees breaches most of the other human rights contained in the universal human rights. Regarding mandatory detention of children - The mandatory detention of children breaches the UN Convention on the rights of a child. The United Nations specifies that minors should not be detained on mandatory terms in any situation. In instances where the minors are accompanied by older people, their asylum processing should be done prioritized. The mandatory detention of the children affects the normal development of the child. Since this is a deliberate move, the detention of children is seen as a breach to the rights of a child. Alternatives to the mandatory detention of refugees A practice of home based detention has come out strongly as an alternative to mandatory detention. Home based detention allows for the refugees to lead a normal life in their homes but are restricted in the distance radius which they can travel from their homes. Home based detention is a more humane way of dealing with refugees since it helps the country to keep track of the refugee and in the same time does not breach the human rights of the detainee. This alternative has proved to be a worth venture for the country. According to the United Nations refugee action a committee, the following alternatives can be adopted so as to do away with mandatory detention. The period of detention should be in line with the international law which specifies a maximum of 30 days + 2 days. This will prompt speedy processing of asylum applications. A bridging visa should be given to asylum seekers whose processing for asylum has failed due to some reasons. This will allow the refugee to leave the detention centre at specified times. Prolonged detention would only take place in case : there lies substantial threats to public order, health or national security, the refugee resists a health screening, a refugee has not applied for a protection visa and lastly if a person seems to be abscond (Petra 2003, p 3). Organizations Which Should Determine the Extent of Human Rights There is no specific organization or authority that can be stated as the one charged with determination of extent of human right. The responsibility lies in each and every person alive. Governments have the responsibility of protecting their people. Protection in this context entails even the determination of the extent of human rights in the country, identification of human right violation cases and dealing with them appropriately. The government is also supposed to enforce practices which uphold human rights. It should also enact laws which enforce human rights. In so doing, the government will have upheld human rights. However, more often than not due to bad governance, human rights are violated on the face of the government. This is where NGOs come in handy. The NGOs keep the government on its toes. They create awareness and lobby for effective practices which uphold human rights. For this reason, the responsibility of checking the extent of human rights lies more with the NGOs as opposed to the governments. The United Nations should be on the frontline ensuring that human rights are upheld in the world (Asia pacific news 2011, p.33) In conclusion, some of the rights in the universal declaration of rights include : right to seek asylum, right to life, right to own property, right to security, freedom of movement, freedom of association, freedom of worship, right of recognition as a human being, freedom of expression, right to have a fair hearing in court, right to nationality, freedom of peaceful assembly, right to join an association, right to take part in the governance of a country by choosing leaders and representatives (voting), right to access equal public service in ones country of origin, right to work, right to leisure, right to education among other rights. Many of these rights are violated in mandatory detention hence making mandatory detention in Australia a violation of human rights. Works cited Asia pacific news, 2011. Australia Defends Mandatory Detention Policy For Refugees, Asia Pacific News, vol.23. no.14, pp. 12-67 Australian Human Rights Commission 2011. Australia’s Immigration Detention Policy And Practice, Australian Human Rights Commission , vol.6. no. 9 ,pp. 45-123 Moonage, 2011. Who Defines “Human Rights” For The World? Moonage Political Webdream, vol. 19, no.7 pp. 23-45 Public Health Association Of Australia 2010.Asylum Seekers – Mandatory Detention, Public Health Association Of Australia ,vol.12 , no.7 ,pp. 77-92 Petra, W, 2003 Alternatives to Mandatory Detention, Refugee Action Committee, Canberra (1st ed.) Refugee Action Coalition, 2009. Refugees- The Facts, Refugee Action Fact Sheet, vol.17, no. 5, pp. 34-56 UN, 2011. The Universal Declaration of Human Rights, UN,(1st ed.) Geneva, Switzerland. United Nations, 1993. Vienna Declaration And Programme Of Action, United Nations,(1st ed.) Geneva, Switzerland Read More