Submission to the Inquiry into the Implications of the Covid-19 Pandemic for Australia’s Foreign Affairs, Defence and Trade – Human Rights Watch

The world is being tested by the Covid-19 pandemic, described by United Nations Secretary-General Antonio Guterres as the most challenging crisis we have faced since the Second World War. It is a health and human rights crisis on a global scale that has swept across borders, leaving no country untouched, and impacting the lives of millions, many of whom are among the most vulnerable. The human rights consequences, including those that flow from inadequate or unequal access to health care, entrenched inequalities, and the impact of devastated economies, will be felt for years to come.

In April 2020, Human Rights Watch prepared a human rights policy checklist to assist governments in developing effective, rights-respecting responses to the Covid-19 crisis.

The checklist sets out more than 40 questions to guide rights responses across a broad range of areas, including access to affordable health care; to water and sanitation; adequate housing, food and education; while ensuring the safety of those in detention; ensuring access to information; maintaining freedom of expression; closing the digital divide; ensuring emergency powers meet international standards, and addressing the needs of groups most at risk, including people living in poverty, ethnic and religious minorities, women, people with disabilities, older people, LGBT people, migrants, refugees, and children.

Because these issues cannot be addressed in the abstract, in April 2020, our published checklist illustrated the policy questions by reference to both good practices and areas of concern, recognizing that these can be neither prescriptive nor exhaustive.[1]

While some jurisdictions have ensured that states of emergency are time-limited and subject to oversight, Hungary and Cambodia, among others, have adopted state of emergency laws that give the government unlimited powers for an indefinite duration.

While some states have prioritized access to information, government officials in countries including Brazil, Burundi, China, Mexico, Myanmar, the US, and Zimbabwe have exhibited disturbing denialism about Covid-19, depriving their populations accurate information on the pandemic.

In countries including Bangladesh, Cambodia, China, Egypt, and Venezuela, people have been arrested and detained for expressing their opinion about Covid-19 on social media.

Israels 13-year-long closure of Gaza means that restrictions on the import of medical supplies, and denial of transit permits for many requiring vital medical treatment outside of Gaza, is impeding the crisis response.

International law is clear that even amid a public health crisis, emergency measures taken by governments that restrict basic rights must be lawful, necessary, and proportionate. Governments should not exploit the pandemic to silence critics. By curbing information and shutting down criticism of their health policies, governments that do not respect rights put both their citizens and neighboring countries at further risk during the pandemic.

We urge the Committee to recommend to the Australian government to use this checklist to assess the human rights implications of country responses to Covid-19. Where foreign governments are violating rights as part of their Covid-19 response, we urge the Australian government to engage in consistent and principled diplomacy calling out these abuses publicly as well as privately. Consistency is key to avoid allegations of double standards or bias. Indeed, the Australian government itself should strive to meet the human rights standards in this checklist.

Covid-19: A Human Rights Checklist

Prevention and Care

Keeping the Public Informed

Providing Testing and Treatment

Protecting Doctors and Frontline Workers

Reducing Risks in Detention Facilities and Jails

Boosting Access to Water and Sanitation

Helping Across Borders

Rights-Respecting Crisis Management

Using Emergency Powers and Addressing Security Force Abuse

Avoiding Sacrificing Other Rights

Addressing the Economic Fallout

Responding to the Harms of Social Distancing

Psychosocial Support

Keeping Kids Learning

Tackling Violence in the Home and Against Minorities

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[1] For policy examples, refer to Covid-19: A Human Rights Checklist, Human Rights Watch, April 14, 2020, https://www.hrw.org/news/2020/04/14/covid-19-human-rights-checklist.

[2] Afghanistan: Surge in Women Jailed for Moral Crimes, Human Rights Watch news release, May 21, 2020, https://www.hrw.org/news/2013/05/21/afghanistan-surge-women-jailed-moral-crimes.

[3] Erika Nguyen and Namratha Somayajula (Human Rights Watch), Access to Water Vital in Covid-19 Response, commentary, March 22, 2020, https://www.hrw.org/news/2020/03/22/access-water-vital-covid-19-response.

[4] Joint Civil Society Statement: States Use of Digital Surveillance Technologies to Fight Pandemic Must Respect Human Rights, April 2, 2020, https://www.hrw.org/news/2020/04/02/joint-civil-society-statement-states-use-digital-surveillance-technologies-fight.

[5] Joint Civil Society Statement: European Governments Must Ensure Safe and Timely Access to Abortion Care During the Covid-19 Pandemic, April 8, 2020, https://www.hrw.org/news/2020/04/08/joint-civil-society-statement-european-governments-must-ensure-safe-and-timely.

[6] Covid-19 and Ending Violence Against Women and Girls, United Nations Women briefing paper, April 2020, https://www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/issue-brief-covid-19-and-ending-violence-against-women-and-girls-en.pdf?la=en&vs=5006.

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Submission to the Inquiry into the Implications of the Covid-19 Pandemic for Australia's Foreign Affairs, Defence and Trade - Human Rights Watch

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