Human Rights Violations at Couran Cove

The Story & Violations

The people of Couran Cove have been deprived of fundamental human rights for more than a year. For a year they have been without power, water, gas, and sewerage. The community homed residents from children, to those in their 90's, to those with disabilities. Deprived of their rights to water, and right to adequate housing, they have continually pleaded with all levels of government for help. These pleas have mostly been ignored. Though Australia has legal obligations in respect to these human rights, there appears to be no implementation of a system to enforce them. Every department claims they have no authority and can not interfere if there is any legal cases going on. The Human Rights Commissions state that they can not get involved with it, citing that their focus is on discrimination. Clearly the protection of the most basic of human rights has been ignored.

The government has not protected the people from these human rights violations. Whether through apathy, ignorance, incompetence or corruption of the government, the peoples pleas have fallen on deaf ears.

Right to Water

Water is recognised as a human right according to the Australian Government Attorney-General’s Department in accordance with the International Covenant on Economic, Social and Cultural Rights (ICESCR). Lower on the page it refers to "Where can I read more about the right to an adequate standard of living? Other materials" and refers to UN Committee on Economic Social and Cultural Rights General Comment No 15 which lists all the obligations in regards to water.

General Comment 15 of the ICESCR has some points I'd like to highlight under an adequate standard of living:

• Under no circumstances shall an individual be deprived of the minimum essential level of water.
• The right to water, like any human right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil.
• The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority.
• The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and provide. The obligation to facilitate requires the State to take positive measures to assist individuals and communities to enjoy the right. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education concerning the hygienic use of water, protection of water sources and methods to minimize water wastage. States parties are also obliged to fulfil (provide) the right when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal.
• Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development). The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.
• Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to water in the exercise of their functions.

While the Australian government hasn't properly implemented legislation inline with the ICESCR, the Department of Foreign Affairs and Trade states "Australia is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR). By ratifying a treaty, a country voluntarily accepts legal obligations under international law. Australia's obligations under ICESCR include regular reporting requirements.", reaffirming that Australia has obigations under the ICESCR, such as the obligation to protect.

Following this line of reasoning, the provider stopping water supply to all resident of the island would be regarded as a human rights violation. The government not fulfilling its obligation to protect these rights could also be considered a human rights violation, especially after a year of the people begging for help.

Right to Adequate Housing

ICESCR General Comment 4, also referred to by the the Australian Government Attorney-General’s Department defined the right to adequate housing.

• Legal security of tenure. Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups;
• Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services;
• Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to ensure that the percentage of housing related costs is, in general, commensurate with income levels. States parties should establish housing subsidies for those unable to obtain affordable housing, as well as forms and levels of housing finance which adequately reflect housing needs. In accordance with the principle of affordability, tenants should be protected by appropriate means against unreasonable rent levels or rent increases. In societies where natural materials constitute the chief sources of building materials for housing, steps should be taken by States parties to ensure the availability of such materials;
• Habitability. Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors. The physical safety of occupants must be guaranteed as well. The Committee encourages States parties to comprehensively apply the Health Principles of Housing prepared by WHO which view housing as the environmental factor most frequently associated with conditions for disease in epidemiological analyses; i.e. inadequate and deficient housing and living conditions are invariably associated with higher mortality and morbidity rates;

Do Civil Matters Override Human Rights?

According to the Australasian Legal Information Institute - University of Tasmania Law Review states "In the context of the interpretation of legislation, the High Court has explained that the courts should presume that the legislature did not intend to interfere with fundamental human rights unless such an intention is ‘clearly manifested by unmistakable and unambiguous language’.", referencing Coco v The Queen [1994] HCA 15; (1994) 179 CLR 427, 437.