Australia’s Human Rights Commission risks having its global accreditation downgraded because of the way the Coalition made key appointments.
It is claimed the government bypassed open merit-based selection processes for the appointment of Lorraine Finlay as human rights commissioner in 2021 and Ben Gauntlett as disability discrimination commissioner in 2019.
These appointments were cited as concerns in a decision to defer the commission’s accreditation as an A-status institution.
The decision by the Global Alliance of National Human Rights Institutions reflects feedback over a 10-year period from the commission, which itself concedes “three appointments in this timeframe did not meet the accreditation requirements”.
The third was the appointment of former human rights commissioner, now Liberal MP, Tim Wilson in 2013 by the Abbott government.
The decision by the global alliance, a partner of the United Nations, noted the commission’s rules allow the attorney-general to determine that a full selection process is not required where the appointment is considered urgent, as in Gauntlett’s case, or the candidate so eminent there would be “little value” in an open process, as in Finlay’s.
It noted the attorney-general has written to the commission advising that future appointments would be openly advertised.
“However, [GANHRI] is not satisfied that the commitment … is sufficient to indicate that full compliance with the Paris principles standards on selection and appointment will be forthcoming, either in terms of amendments to the existing process or future appointments in practice.”
The body also noted the commission’s budget concerns, which have resulted in one in three jobs being slashed.
The Human Rights Law Centre’s executive director, Hugh de Kretser, said: “The Morrison government has undermined the independence and effectiveness of the commission, making appointments without a public, merit-based selection process.
“The Morrison government’s actions have jeopardised our national human rights watchdog at a critical time for human rights, both at home and globally.
“Australia can and should lead the world on human rights. Instead of leading, the Morrison government is embarrassing us on the world stage.”
Labor’s Senate leader, Penny Wong, said the development was “very deeply concerning”.
“We are a country that has a strong international reputation on human rights,” she told ABC News. “We should not allow that to be eroded.”
A final decision on accreditation is expected by October 2023. The commission acknowledged it was “at risk of being downgraded to a B-status … if this issue is not sufficiently addressed within this timeframe”.
This is the first time the commission has been at risk of losing its A-status since international standards for national human rights institutions were introduced in 1993.
The commission said its president, Rosalind Croucher, has “shared with the government the commission’s concerns over the implications of the deferral and potential risks to the promotion and protection of human rights in Australia, as well as Australia’s reputation internationally”.
The AHRC said it continues to advocate for changes to guarantee “open, transparent and merit-based” appointment processes, including advertising jobs.
Finlay’s appointment was fiercely criticised by then Australian of the Year, Grace Tame, due to Finlay’s concern about affirmative consent laws, while other critics pointed to her Liberal party links, her outspoken views on an Indigenous voice to parliament, and section 18C of the Racial Discrimination Act.
Labor’s shadow finance minister, Katy Gallagher told reporters in Canberra that “we have seen and are seeing in the dying days of this government appointments to key positions which affect trust in organisations”.
On Monday the Morrison government appointed six people with Liberal links to the Administrative Appeals Tribunal, among 19 appointments.
Those, and separate jobs for former federal minister John McVeigh and NSW minister Don Harwin, have sparked concerns of a repeat of 2019, when a Guardian Australia analysis found that one in five of those appointed to government bodies in the fortnight before the election was called had Liberal or National party links.
