National Human Rights Consultations - HPLC Victoria
Over the past two months, the HPLC has conducted workshops with people experiencing homelessness about the National Human Rights Consultation. The purpose of conducting these workshops was to promote active, informed and inclusive participation in the Consultation by people experiencing homelessness; people who are often excluded from engaging in important community debates. The workshops gave people an opportunity to learn more about human rights and have their say, based on their own personal experiences, about the current condition of human rights in Australia. 

Participants at the workshops considered the three questions posed by the National Human Rights Consultation: Which human rights and responsibilities should be protected and promoted?; Are human rights currently sufficiently protected and promoted?; How could Australia better protect and promote human rights?

The HPLC’s submission to the Consultation has been greatly informed by the comments and ideas put forward by participants at the workshops. Some of the human rights that participants considered most important were:

• The right to adequate housing;
• The right to social security, which enables people to access basic necessities and live life with dignity;
• The right to education;
• The right to enjoyment of the highest attainable standard of health;
• The right to equality and freedom from discrimination;
• The right to a fair hearing; and
• The right to be treated with dignity and respect.

All participants agreed that human rights are not currently sufficiently protected or promoted in Australia. Participants recommended many ways to improve protection of human rights in Australia including by introducing a Federal Human Rights Act and by undertaking a human rights education and awareness campaign across the country and throughout all sectors of the community. Many participants completed their own written submissions, which have been sent directly to the government. All workshop participants also completed a survey, the results of which will be sent to the government to demonstrate the issues and concerns raised by people experiencing homelessness. Some of our key findings:

• Over 85% of participants said that accommodation and housing services in Australia are either inadequate or very inadequate.
• Over 80% of participants stated that the amount of social security that they receive is inadequate to meet their most basic needs.
• Over 80% of participants reported having been treated in a cruel and degrading way while experiencing homelessness.
• 99% of participants said the law must change to better protect their human rights.
• 99% of participants said that Australia should have a Human Rights Act that adequately protects their human rights.

We strongly encourage the Consultation Committee and the government to carefully consider the articulate written submissions of people who are experiencing homelessness, as they clearly describe how people experiencing homelessness endure daily violations of their human rights. 

It is extremely important that the Consultation Committee and the government listen to the voices of the voiceless in our community; the powerless, the disadvantaged; the marginalized; the people who endure daily violations of their human rights. The government must listen to these people because they know. They know about human rights violations from their own experiences, and they can tell the government what needs to be done to ensure that their rights are better protected.

The HPLC has provided 2 written submissions to the Consultation, which are now available at www.pilch.org.au/hplc/humanrightsconsultation. The HPLC also produced a mini-documentary entitled Below the Poverty Line: Below the Human Rights Line, about the human rights workshops. Check it out at: www.pilch.org.au/humanrightsdocumentary

The HPLC extends its sincere thanks to the many people who participated in our human rights workshops and shared their stories and experiences.
_{- Amy Barry-Macaulay, HPLC Victoria}

National Human Rights Consultations - HPLC Queensland
The protection of the human rights of the vulnerable and marginalised members of our community is one of the most commonly cited purposes of a charter of rights. People experiencing homelessness are among the most marginalised, and so it is important for them to have a voice in the debate about human rights in Australia. The Queensland Homeless Persons’ Legal Clinic (HPLC) has facilitated the engagement of this group in the National Human Rights Consultation by providing their clients, and other people experiencing homelessness in Qld, with questionnaires seeking details of their human rights related experiences.  Participants were able to fill in the forms on their own or with the help of HPLC lawyers, and completed questionnaires were then returned to the HPLC.  24 completed questionnaires were collected. These form the principle part of the Queensland HPLC’s submission.
_{- Andrea de Smidt, QPILCH HPLC}

Rooming House Inquest
The HPLC, the Tenant’s Union of Victoria (TUV) and the Council to Homeless Persons (CHP) have appeared as interested parties at the Inquest into a Rooming House Fire in 2006, in which two people died. After a 3 week hearing, which began in October 2008 and resumed in February and then again April this year, the Inquest finally concluded on Friday, 24th April 2009.

The HPLC, TUV and CHP represented a broader Coalition of community housing and homelessness organisations concerned by the sub-standard fire-safety conditions and inadequate regulation of rooming houses in Victoria. The HPLC, TUV and CHP provided evidence at the Inquest that highlights the need for regulatory improvement and accountability for rooming house accommodation in Victoria.

All parties are now preparing written submissions, which are to go to the Coroner by the end of this month.  Submissions will consider the following key issues:

• The circumstances of the fire and the deaths;
• Who or what might have contributed to the fire;
• What has been learnt about the way the rooming house industry works; and
• What recommendations should be made to improve the accountability of rooming house operators, in particular in relation to fire safety. 

Housing can make a difference
Associate Professor Kath Hulse and Dr Lise Saugeres of the Australian Housing and Urban Research Institute recently undertook research in order to understand the ways in which housing affects personal circumstances.

As part of this research, 145 interviews were conducted with low income renters in receipt of housing assistance and carers of people with disabilities in Victoria. They found that the housing insecurity experienced by these people are a result of six factors, including: being forced to move against their will; a lack of control over housing circumstances (premises being sold, rents increasing, leases terminated); feeling unsafe within the home; a lack of privacy; a lack of connection to the local community; and a lack of comfort.

A key finding of the research was that ‘Housing insecurity, in its various dimensions, is linked to insecurities in other areas of life, such as finance, employment, health, insecurity of self and family instability. The consequences of living with this combination of insecurities is that a person’s key focus is on surviving from day to day.’ In response to these findings the authors conclude it is important to increase the supply of affordable rental housing, address factors impacting on tenant safety and maintain rental properties in an acceptable condition.

Targeted legal services for women
On Tuesday 16 June the HPLC opened its 14th outreach location, a targeted service for women and their accompanying children, at the St Kilda Crisis Contact Centre in conjunction with its family violence outreach team. The clinic will be staffed by pro bono lawyers from Freehills.

The impetus for this outreach clinic came from a report the HPLC released in late 2007 in relation to the legal need of women (and accompanying children) who are homeless or at risk of homelessness as a result of family violence. The report found that there is a substantial amount of unmet legal need amongst vulnerable women in relation to ‘post crisis’ issues such as credit and debt, tenancy, and infringements. The report also found that over 70% of the HPLC’s clients were male. This statistic does not properly reflect the demographics for the homeless population.

As a result, the major recommendation coming out of the report was that the HPLC establish a targeted legal outreach clinic for women. The new clinic will provide the same types of services that the HPLC normally provides, but to do so in a way that is specific to women. While the overarching theme is family violence, the clinic will see any woman who is homeless or at risk of homelessness who present at the clinics. In terms of legal issues, broadly we will assist in the following areas:

• housing & tenancy
• fines & infringement notices
• centrelink issues
• credit & debt
• family violence
• victims of crime
• guardianship & administration
• discrimination
• human rights

Legal services are available on Tuesdays (appointment or drop in) between 12pm and 3pm. For more information call 1800 606 313.

Increased funding for Reconnect program
On 25 May 2009 the Federal Minister for Housing, Tanya Plibersek MP announced the Australian government would invest $48 million over the next two years to continue to support young people who are homeless or at risk of becoming homeless through the Reconnect program. Reconnect, established in 1998, provides counselling, mediation and practical support to assist young people engage with their family, work, education, training and the community.

 Read the FAHCSIA press release 

HPLS NSW Human Rights Extravaganza!

During May, the Homeless Persons’ Legal Service  worked with Milk Crate Theatre to put together four events on how homeless people feel their human rights are being protected. Milk Crate Theatre put on performances at Edward Eagar Lodge, Samaritan House, Newtown Mission and Salvation Army Streetlevel.

The reason for the events was to make sure that homeless people have their say as part of the Federal Government human rights consultation process. HPLS wanted to ensure that homeless people were able to send a strong message to the Government that everyone’s right should be protected!

The events were a lot of fun and very interactive. Milk Crate Theatre acted out some real life examples of how the human rights of homeless people are not being protected. Then the audience got to choose what could have been changed in the story and been done better so that homeless people were treated with respect and fairness. The human rights breaches included the right to housing, the right to be social security, the right to dignity and the right to be treated fairly by the Court.

Over 100 homeless people came along and took part in the consultations. Some even got up on stage with Milk Crate Theatre to act out what protecting someone’s human rights might look like in a perfect world! After the performances, everyone was offered the chance to vote on what they would like the Government to do about human rights. Everyone also had the chance to write to the Government to tell them what they think about current human rights protection in Australia. HPLS will send all of the feedback that we received directly to the Government as part of the HPLS submission to the national human rights consultation.

Street Care Update

In order to ensure homeless people have input into decision-making processes that directly affect them, in February 2009, PIAC (via the HPLS) with the support of the City of Sydney, has established Street Care.

Street Care is an advocacy group consisting entirely of people who have or who are currently experiencing homelessness. Street Care's membership is quite diverse, representing the considerable diversity of experience among homeless people in Sydney. The first group of this kind in New South Wales, Street Care is set up and supported to provide advice to government agencies and other groups seeking information about the best methods of consulting with homeless people. The group is not a short-cut to hear from homeless people, but rather a mechanism to provide advice on how best to do so.

Since its establishment, Street Care have been involved in a number of projects including assisting HPLS to set up and run its Human Rights Extravaganza Consultation Events and producing a Street Survey to engage those experiencing homelessness in policy decision that directly affect them. Members of Street Care have also spoken at a number of events including at Homelessness NSW Annual Conference, the City of Sydney’s ‘Housing When?’ conference and the Homeless Persons’ Legal Service ‘Your Rights Matter’ public forum.

Street Care also recently met with NSW Minister for Housing, David Borger MP to discuss issues affecting homeless people in NSW.

Street Care also produces its own newsletter called Street Cred.

If you would like to receive a copy of Street Care’s newletter or ask for Street Care’s input into a project you are currently working on, please send an email to us at Streetcare@piac.asn.au
_{- Chris Hartley, HPLS NSW}

United Nations Committee on Economic, Social and Cultural Rights Reviews Australia
^{(22 May 2009)}
The Committee on Economic, Social and Cultural Rights (CESCR) recently released its concluding observations in relation to Australia’s obligations under the International Covenant on Economic, Social and Cultural Rights.

The CESCR welcomed the National Human Rights Consultation but expressed disappointment that its terms of reference did not specifically call for consideration of economic, social and cultural rights. 

In relation to human rights in general, the CESCR recommended that Australia provide human rights education on economic, social and cultural rights to students at all levels of education and make available extensive human rights training for members of all professions

The CESR noted that despite Australia’s economic prosperity 12 per cent of the Australian population lives in poverty. Poverty rates are particularly high among disadvantaged and marginalised individuals and groups. The Australian government was urged ‘to take all necessary measures to combat poverty and social exclusion, and to develop a comprehensive poverty reduction and social inclusion strategy which should integrate the economic, social and cultural rights.’ 

Importantly, the CESCR expressed concern about the increasing incidence of homelessness in Australia, and recommended that the Australian government take effective measures to ensure realisation of the right to adequate housing in this country.

General Comment 20: Right to Non-Discrimination under the International Covenant on Economic, Social and Cultural Rights
^{(25 May 2009)}
The CESCR also released a General Comment on Non-Discrimination recently.

The General Comment reinforces that the rights to non-discrimination and equality are fundamental components of international human rights law. The General Comment provides a clear and comprehensive discussion about the scope and application of the right to non-discrimination. 

The General Comment clearly defines homelessness as a component of ‘economic and social status’, which is a prohibited ground of discrimination under international human rights law. The General Comment states that ‘a person’s social and economic situation when living in poverty or being homeless may result in pervasive discrimination, stigmatisation and negative stereotyping which can lead to the refusal or unequal access to the same quality of education and health care as others as well as the denial of or unequal access to public places.’
 http://www2.ohchr.org/english/bodies/cescr/index.htm

Cambodia at CESCR - Perspectives from Dan Nicholson, Centre on Housing Rights and Evictions
At its 42nd session in May 2008, the Committee on Economic, Social and Cultural Rights reviewed the Kingdom of Cambodia for the first time, some 16 years after Cambodia ratified the Covenant. Housing and land rights issues remain one of Cambodia's most prevalent human rights problems, and were treated as such by the Committee. An estimated 150,000 Cambodians live at risk of forced eviction - forced eviction such as that which the Dey Krahorm community experienced in January 2009
(see: www.cohre.org/deykrahorm)

Cambodian civil society was represented by NGO and community leaders, including those with direct experience of forced eviction. The civil society alternative report on land and housing rights can be seen here:
 http://www.cohre.org/store/attachments/Land%20and%20Housing%20Rights%20in%20Cambodia%20%28final%29.pdf

Unfortunately, the Cambodian government at the last moment decided to not send a delegation, and were represented only by their Geneva-based ambassador.

The Committee's Concluding Observations included calls for "a moratorium on all evictions until the proper legal framework is in place", among other housing rights related recommendations. The Concluding Observations can be found here:  http://www2.ohchr.org/english/bodies/cescr/docs/AdvanceVersions/E-C12-AUS-CO-4.doc

People interested in supporting the struggle of communities against forced eviction should look at Amnesty Internationa's new Demand Dignity campaign, which focuses in part on evictions in Cambodia. You can ask the Australian government to intervene to prevent an eviction on the doorstep of the new Australian embassy site in Phnom Penh here:
 http://www.amnesty.org.au/action/action/20892/

ASEAN Human Rights Mechanism
Asia's first regional human rights mechanism moves closer to becoming a reality. However, civil society organisations have expressed concerns that if the current draft terms of reference for the ASEAN Human Rights body, which focus only on a promotional role for the body to the exclusion of human rights protection, are too weak. Civil society groups are calling for a human rights body with teeth.  http://www.forum-asia.org/index.php?option=com_content&task=view&id=2153&Itemid=42
_{- Dan Nicholson, Asia and Pacific Programme, Centre on Housing Rights and Evictions (COHRE)}

Residents of Joe Slovo Community, Western Cape v. Thubelisha Homes and Others [2009] ZACC 16
This case concerned an application by government agencies to evict approximately 20,000 residents of an informal settlement known as ‘Joe Slovo’ in Cape Town, South Africa. The government agencies required the premises for the purposes of developing affordable housing on the site. The Western Cape High Court granted the eviction order on the basis that the government agencies had complied with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act). 

Following the decision of the High Court, the residents of Joe Slovo then appealed to the Constitutional Court of South Africa. The applicants raised a number of claims including an argument that they were not unlawfully occupying ‘Joe Slovo’ as they had consent to be there and this consent had not been revoked. Ultimately the residents were unsuccessful on the issue of ‘consent’ because the High Court found there was no consent and that to the extent there was consent, this had been revoked. It was also held that the government agencies had acted reasonably in respect of the right of access to adequate housing in section 26 of the Constitution. 

The Constitutional Court did, however, issue a fresh eviction order which replaced the order of the High Court. This order provided no person could be moved until alternative accommodation had been provided, that all parties should ‘engage meaningfully’ on the details and timetable for the move and that 70% of the low cost housing to be built at the settlement was to be provided to former residents of the Joe Slovo settlement. 
 Summary: http://www.saflii.org/za/cases/ZACC/2009/16media.pdf
 Decision: http://www.saflii.org/_za/cases/ZACC/2009/16.pdf

Dusan Vojnovic v Croatia, Communication No 1510/2006, CCPR/C/95/D1510/2006
The Human Rights Committee recently held that a lawful termination of tenancy rights under Croatian law amounted to an arbitrary interference with the right to home and violated article 17 of the International Covenant on Civil and Political Rights. The termination of the tenancy was held to be arbitrary as it was exercised in an unfair and discriminatory way.
 www.hrlrc.org.au to view full case-note

More than 1 in 2 people miss out on SAAP accommodation
The Australian Institute of Health and Welfare announced this month that the Supported Accommodation Assistance Program (SAAP) agencies are operating at capacity. Of great concern are the high levels of unmet demand for SAAP assistance. The Institute suggests that, on an average day, 59% of applicants requiring new and immediate accommodation were turned away in 2007-08. The report indicates that people requiring immediate accommodation only make up approximately 5% (654 people) of the total demand for SAAP accommodation (14,696 people). Of itself, this figure points to the requirement for resources to be allocated to housing for people requiring immediate accommodation. Indeed, the report notes ‘a small increase in the number of places available on an average day could have a significant impact on the level of unmet demand.’

The report found that family groups were the most likely to be turned away - 77% of couples with or without children were turned away and 66% of individuals with children. Individuals without children were the only group more likely than not (51%) to be housed. Further, 56% of Aboriginal and Torres Strait islander peoples and 59% of people under 20 had an unmet request for accommodation.

The most common reason for being turned away was due to lack of accommodation either at the agencies themselves (59%) or because a referral agency was unable to refer the group because they had no vacancies (24%).

 Read the Australian Institute of Health and Welfare article

The Age reported on the supported accommodation crisis in an article last week, focussing particularly on families who are forced into inadequate and unregulated rooming houses due to a lack of supported accommodation options and long public housing waiting lists.

 Read article -  'This is where we've ended up and I feel lost', 8 June 2009

The Age also reported earlier this week on 4 private rooming house proprietors exploiting residents who are forced to pay the maximum possible rent for squalid accommodation.

 Read article - 'Slumlord millionaires cash in on hard times', 14 June 2009

ACOSS Budget Analysis
In the Government’s latest Budget, singles receiving the Age Pension, Disability Support Pension and Carer Payments saw an increase in their payments from $300 to $333 per week. For couples, these payments increased from $401 to $501. Sole parents, the unemployed and students will not see an increase to their payments. Those who receive pensions will receive $43 more per week than sole parents, $106 more per week than those on the Newstart Allowance, and $147 more per week than recipients of Austudy or Youth Allowance. The changes will result in a widening of an already existent gap between different social security payments.

ACOSS have identified some significant points of concern in their Budget Analysis. Firstly, increases in singles rates result from the fact that there are higher living costs for those living alone as compared to those in a couple. This is something that the Government has acknowledged and taken into account when increasing singles pension rates. Singles on pensions receive 67% of the amount given to couples on the same payment. However, singles on the Newstart Allowance receive 55% of the married couple rate and single, independent students receive 50% of the married couple rate. These statistics demonstrate a flawed system that is inconsistent and unfair in ACOSS' view.

Secondly, research by the Social Policy Research Centre published by ACOSS illustrates some alarming statistics that have not been addressed by the current budget. The Centre asked Australians about what they considered to be the essentials in life and whether or not they had them. The survey showed that people who received all the different types of payments lacked many of the essentials in life. For example, 43% of people on the Parenting Payment and 23% of people on the Newstart Allowance lacked a decent and secure home. This shows that all groups need an increase in payments, not just those who are on a pension.

Thirdly, the current social security payment scheme seems to have resulted in some perverse disincentives. When one’s circumstances change, so does their level of payment. Therefore, some people may try to change their circumstances or remain in the same state in order to increase their payments. For example, the unemployed are discouraged from studying because they would end up with the lower payment given to students.

ACOSS' view is that because of the many inconsistencies and inequities contained in the current scheme, payments should be the same across the board. Payments should be based on the cost of living rather than a person’s perceived financial needs.

• PILCH Homeless Persons’ Legal Clinic, Victoria
• Australian Human Rights Commission: Housing, homelessness and human rights webpage
• Australian Lawyers for Human Rights
• Centre on Housing Rights and Evictions
• Council to Homeless Persons, Victoria 
• Homeless Persons’ Legal Service, NSW
• Homelessness Australia
• Homelessness Clearing House
• Housing Legal Clinic, South Australia
• Human Rights Law Resource Centre 
• National Coalition for the Homeless, USA
• National Homelessness Information Clearinghouse
• National Law Centre on Homelessness and Poverty
• National Policy and Advocacy Council on Homelessness, USA 
• NT Shelter
• QPILCH Homeless Persons’ Legal Clinic, Queensland
• Shelter Scotland, UK
• Shopfront Legal Service, NSW
• UN Special Rapporteur on the Right to Adequate Housing
• Urban Justice  Centre, USA
• Youthlaw, Victoria

The PILCH Homeless Persons’ Legal Clinic provides free targeted legal, education and advocacy services to over 700 homeless Victorians each year.  Legal services are provided by pro bono lawyers at 13 crisis shelters, food programs and welfare agencies around Victoria on a weekly basis.  The PILCH Homeless Persons’ Legal Clinic also plays a leading role in national and state-based law reform and public policy activities, which are primarily focussed on promoting and protecting the right to housing and other fundamental human rights of people experiencing or at risk of homelessness.  In 2005 the Clinic was conferred with the National Human Rights Award in recognition of its work in promoting and protecting the rights of those that are marginalised and disadvantaged.

The Homelessness and Human Rights Bulletin seeks to provide updates on programs and events, campaigns and advocacy, publications, research and international news in the area of homelessness and human rights. The Homelessness & Human Rights Bulletin is a must-read for people around Australia who are interested in:

• approaching homelessness in Australia as a human rights issue;
• using human rights and other rights/legal strategies to support people experiencing homelessness; and
• sharing information and collaborating in local, regional, state and territory-wide, and national initiatives that promote a rights-based approach to homelessness.

The Bulletin is intended to be a national publication. If you would like to contribute please email  hplc@pilch.org.au.

Who is on the List?
People on the list include Australian community workers, lawyers, journalists, academics, people who have experienced homelessness, and homelessness government and policy workers.

Who are the List Convenors?

The List Convenor is:

Caroline Adler

Manager/Principal Solicitor

PILCH Homeless Persons Legal Clinic
PO Box 16013
Melbourne 8007
hplc@pilch.org.au

Phone: (03) 8636 4408 
Fax: (03) 8636 4455

To JOIN the list visit www.pilch.org.au/subscribe

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