Fremantle Declaration

The Fremantle Declaration was a restatement and affirmation of legal and human rights principles in Australia. It was signed in Fremantle, Western Australia by all of the Attorneys-General of all the Australian States and territories on November 10, 2006. It was not signed by the Commonwealth Attorney-General Philip Ruddock.

The text of the declaration

The full text of the declaration is:

We, the Attorneys General of the governments of Australia, declare and affirm our commitment to thefollowing principles:

# the right to a fair trial;
# the principle of habeas corpus;
# the prohibition on indefinite detention without trial;
# the prohibition on torture;
# access to rights under the Geneva Conventions;
# the separation of powers; and
# the prohibition on the death penalty.

These are fundamental norms of the Australian legal system and we, as Attorneys General, areresponsible for ensuring that these principles are upheld in our jurisdictions.Australia has signed and committed to international treaties and conventions in which these rights areprotected: the Geneva Conventions, the International Convention on Civil and Political Rights, andthe United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment.

We reaffirm our commitment to these international agreements and principles.

Signatories

The Fremantle Declaration was signed by Bob Debus, the Attorney-General of New South Wales, Simon Corbell, the Attorney-General of the Australian Capital Territory, Rob Hulls, the Attorney-General of Victoria, Kerry Shine, the Attorney-General of Queensland, Michael Atkinson, the Attorney-General of South Australia, Steven Kons, the Attorney-General of Tasmania, Jim McGinty, the Attorney-General of Western Australia, and Syd Stirling, the Attorney-General of the Northern Territory.

The Commonwealth Attorney-General, Philip Ruddock, was not a signatory of the declaration.

Genesis of the declaration

Although the declaration itself does not make any explicit reference to current events, it is generally recognised as a response to the extended incarceration, without trial, of Australian David Matthew Hicks by the United States military at Guantanamo Bay, and the detention of refugees to Australia under the policies of the Commonwealth Government led by Australian Prime Minister John Howard.

References

* [http://www.australiansall.com.au/the-fremantle-declaration/ The Fremantle Declaration]
* [http://www.abc.net.au/news/newsitems/200611/s1785856.htm A-Gs demand immediate action on Hicks trial]