ADVOCACY IN ACTION AT ARTS LAW
By Suzanne Derry
Earlier this year, the federal Government undertook a national consultation with the community about human rights in Australia and whether Australia should have a national charter of human rights. An independent committee was set up to engage with the community and listen to what they have to say about human rights.
Arts Laws position
Arts Law told the Government we want a Charter of Human Rights for Australia. While we support human rights for all, our focus is on those rights relevant to artists. We asked for the enactment of legislation, preferably constitutional, for the protection of human rights in Australia.
Which rights should artists have?
We submitted that the following rights were vital in protecting and supporting artists:
· right to freedom of expression generally and artistic expression specifically ;
· right to protection of Indigenous Cultural and Intellectual Property (ICIP); and
· rights of access to legal system, information and assistance for artists, including those who are Indigenous, live remotely, are disabled, or are culturally and linguistically diverse .
Why should artists have these rights?
Unlike other countries (eg, the United States), Australians have no constitutional or legislative right to freedom of speech. Artists’ ability to express ideas and opinions through art is essential. We told the Government we believed a right to freedom of speech would foster cultural growth in Australia.
The current laws of copyright and trade practices do not adequately protect ICIP. This means that Indigenous artists or their community are not adequately rewarded when ICIP is used in their work, and that ICIP is not protected from misuse by individuals or organisations outside that community. Our submission said this protection was important and meant that Indigenous culture and heritage can be maintained and treated with integrity and respect.
Lastly, we highlighted the importance of artists’ ability to access services that allow them to exercise their rights. We said that there was little point in having these extra rights if people did not know what they were, how to use them and what to do if someone infringed them. We suggested that a multi-tiered approach including legislation, education and access to legal services and information about human rights be taken.
What next?
The Committee will report to Government on the consultation to give the Government a better understanding of what the community thinks about human rights. They are due to report back on 30 September 2009. We will keep you updated on any changes that occur. You can view our submission by going to our website www.artslaw.com.au and scrolling down to the section titled “Arts Law Submissions”.
