international pressures

Question 1

define United Nations (UN)

Answer 1

a major international organisation established after the Second World War to maintain international peace, security and cooperation among nations

Question 2

define international treaty

Answer 2

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

Question 3

define ratify (ratification)

Answer 3

confirmation by a nation’s parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty

Question 4

define international pressures

Answer 4

demands made on parliaments, from within Australia or beyond, to make (or not make) laws that address matters of international concern

Question 5

define petition

Answer 5

a formal, written request to the parliament to take some action or implement law reform

Question 6

explain Australia being apart of United Nations

Answer 6

• Australia is an active member of the global community, collaborating with international organizations and other countries to address global issues.
• It is a founding member of the United Nations (UN), established in 1945 with 193 member states.
• The UN aims to maintain international peace and security, foster international cooperation, and develop friendly relations among nations.
• Because Australia is an active participant in the global community, and because it is a signatory to or has ratified international treaties, sometimes our governments are subjected to international pressures, which can impact on the ability of parliament to make law.

Question 7

Australia is also a signatory to several international treaties and has passed legislation to formally recognise its commitments under those treaties, including:

Answer 7

• the Convention on the Rights of the Child (1989)
• the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (1984)

Question 8

Over the past 20 years, these pressures have
included:

Answer 8

• the need to prevent terrorist attacks and address the emergence of radical terrorist groups
• the increased risk of cyber-attacks and hacking of major corporations and organisations to illegally access and sell data by foreign entities
• the increased challenges of climate change, including the pressure to reduce greenhouse gas emissions
• the need to protect the rights of vulnerable or minority groups, including asylum seekers, First Peoples, young people and the LGBTQIA+ community
• increasing the age of criminal responsibility
• addressing global pandemics, natural disasters and wars.

Question 9

what are international pressures

Answer 9

International pressures are demands or forces applied to parliaments to persuade them to make (or not make) law to address matters of international concern.

Question 10

sources of international political pressures

Answer 10

International pressures can come from a variety of forces or groups. For example, pressure can be generated at a local or national level based on international concerns, or pressure can come at an international level.

Question 11

Some of the sources of pressure are as follows:

Answer 11

• Local Activists:
• International Activists:
• Other Countries:
• United Nations:
• Non-Government Organizations (NGOs):
• Transnational Corporations (TNCs):

Question 12

Local Activists:

Answer 12

Organise petitions for change at a community level.

Question 13

International Activists:

Answer 13

Work globally to generate change; e.g., Greta Thunberg challenges world leaders on climate change.

Question 14

Other Countries:

Answer 14

May urge or criticize Australia regarding legislative reforms; e.g., the U.S. has encouraged Australia to address China’s influence in the region.

Question 15

United Nations:

Answer 15

Bodies like the UN Economic and Social Council criticize or provide recommendations; e.g., past criticism of Australia’s treatment of asylum seekers.

Question 16

Non-Government Organizations (NGOs):

Answer 16

Groups like Amnesty International and Human Rights Watch critique global human rights issues; e.g., Human Rights Watch has criticized Australia on child rights protection.

Question 17

Transnational Corporations (TNCs)

Answer 17

Large companies like Meta (Facebook) and Google can influence legislation; e.g., Meta campaigned against laws requiring payment to news publishers.

Question 18

define non-government
organisation (NGO)

Answer 18

an organisation, generally not forprofit, that functions independently of any government; NGOs often do humanitarian work abroad and receive government funding

Question 19

define transnational
corporation (TNC)

Answer 19

a company that operates globally, across international boundaries

Question 20

Pressure for Change

Answer 20

Many pressures aim to force governments to implement changes, such as demands for improved human rights protections.

Question 21

Pressure Against Change

Answer 21

Some pressures seek to prevent changes, especially if new laws could negatively impact the entities placing the pressure (e.g., Meta opposing laws affecting its business).

Question 22

example: climate change

Answer 22

• Climate Change: Refers to long-term shifts in temperature and weather patterns, with human activities since the 1800s contributing to global temperature increases.
• Drivers: Burning fossil fuels (coal, oil, gas) increases greenhouse gases in the atmosphere, trapping the Sun’s heat and raising temperatures.
• Effects: Includes rising sea levels, shrinking glaciers, melting ice, coral reef loss, species extinction, more extreme weather events, and relocation threats for coastal communities.
• Solutions: Climate scientists advocate reducing fossil fuel reliance and shifting to renewable energy sources like solar and wind power.
• International Pressure: Countries, organizations, and individuals are pressured to reduce greenhouse gas emissions; the 2015 Paris Agreement is a key international accord requiring emission reduction targets.
• Australia’s Position: As a signatory to the Paris Agreement, Australia has faced criticism for setting low emission reduction targets compared to other countries.
• Industry Pressure: Some industry groups and parliament members resist action due to the economic importance of coal, oil, and gas, with coal being a major export and revenue source for Australia.

Question 23

Pressure to act on climate change

Answer 23

• The United Nations (UN)
• Organisations and groups
• Other countries
• Individuals

Question 24

Pressure to act on climate change - The United Nations (UN)

Answer 24

• UN’s Stance on Climate Change: The United Nations describes climate change as a global emergency needing immediate and drastic action.
• Criticism of Australia: The UN has previously urged Australia to enhance its climate action. For instance, in early 2022, the UN Secretary-General criticized Australia for not strengthening its 2030 emissions reduction target, labeling Australia as a ‘holdout’.

Question 25

Pressure to act on climate change - organisations and groups

Answer 25

• Greenpeace: A long-standing environmental organization focused on protecting people from climate crises and environmental impacts, using media campaigns and petitions to pressure governments.
• 1 Million Women: An organization that empowers women to take climate action and encourages voting for politicians prioritizing climate issues.
• Climate 200: An Australian crowdfunding initiative supporting community-backed independents running on climate change platforms, successful in the 2022 federal election by supporting pro-climate candidates and defeating notable MPs like Josh Frydenberg.

Question 26

Pressure to act on climate change - other countries

Answer 26

• International Criticism: Australia has faced criticism from countries like the US for insufficient commitment to reducing emissions.
• Economic Changes: Other nations are making climate-related economic changes that pressure Australia; for instance, the UK plans to ban new petrol and diesel cars by 2030, influencing Australia’s policies (the ACT plans to ban these cars by 2035).
• Pacific Region Pressure: Leaders from Pacific countries such as Tonga, Fiji, and Solomon Islands have urged Australia to act on climate change due to their vulnerability to issues like rising sea levels and Australia’s regional presence.

Question 27

Pressure to act on climate change - individuals

Answer 27

• Activists: Influential individuals like Greta Thunberg and Vanessa Nakate put pressure on governments to act on climate change.
• Independent MPs: The 2022 Australian federal election saw ‘teal’ independents, supported by Climate 200, elected with a focus on a 43% emissions reduction target by 2030 and phasing out coal and gas. Notable figures include Senator David Pocock.
• Business Leaders: Influential business figures such as Mike Cannon-Brookes, co-founder of Atlassian, pressure companies like AGL to transition to renewable energy.

Question 28

pressure not to act on climate change

Answer 28

• Industry Pressure: Coal and mining organizations may lobby against climate action to protect jobs and communities tied to the coal industry.
• Political Views: Different political parties have varied approaches to climate change:
  
  • The National Party advocates for a balance between climate action and resource/agricultural industries.
  • Pauline Hanson’s One Nation disputes climate change science and opposes related legislative changes.
• Regional Impact: Workers in coal communities (e.g., in Queensland and Western Australia) may pressure governments to safeguard jobs and provide training for transitioning to renewable energy sectors.

Question 29

Current government responses to climate change

Answer 29

• Climate Change Act 2022 (Cth): Passed by the Commonwealth Parliament in 2022 under the Australian Labor Party (ALP).
  
  • Targets:
    
    • 43% reduction in emissions from 2005 levels by 2030.
    • Net-zero emissions by 2050.
  • Implementation: Law effective from 14 September 2022.
  • Consultation: Developed with input from business, industry, unions, farmers, community, and conservation groups like Greenpeace.
  • Accountability: Includes annual progress updates to Parliament by the Climate Change Minister and advice from the Climate Change Authority on future targets.
• State Targets:
  
  • Victoria: Aims for 75-80% emissions reduction by 2034 and net-zero by 2045.
  • New South Wales: Also set ambitious carbon reduction goals.

Question 30

example: age of criminal responsibility

Answer 30

• Age of Criminal Responsibility: In Victoria, children must be at least 10 years old to be charged with a crime.
• Principle of Doli Incapax: Children aged 10-14 are presumed incapable of criminal intent unless proven otherwise, showing they knew their actions were morally wrong.
• Review and Proposals: As of 2023, the age of criminal responsibility is being reviewed at the Commonwealth, state, and territory levels, with some jurisdictions proposing changes.
• International Standard: The UN recommends 14 years as the minimum age of criminal responsibility. Australia’s age is lower compared to other countries.

Question 31

The pressure for Australia to increase the age of criminal responsibility has been for a number of reasons:

Answer 31

• some have highlighted that the low age results in an overrepresentation of First Nations people in
  detention, with data indicating that First Nations youth are detained at a rate 17 times higher than
  that of non-Indigenous young people
• many young people come from disadvantaged backgrounds and have special and complex needs
  that may be better addressed outside, rather than inside, the criminal justice system
• young people have difficulty engaging with the criminal justice system, which could result in
  additional problems or trauma. In particular, there are concerns that the negative effects of
  custody can be long-lasting and can result in a ‘life of crime’ for a young person who is jailed.

Question 32

define doli incapax

Answer 32

the presumption that a child aged between 10 and 14 does not have criminal intent; this can be rebutted with evidence

Question 33

Pressure to change the age of criminal responsibility

Answer 33

• The United Nations (UN)
• Organisations and groups
• Non-government
  organisations (NGOs)

Question 34

The United Nations (UN)

Answer 34

• UN Criticism:
  
  • 2017: The UN questioned why Australia was “out of step” with global standards.
  • 2019: The UN Committee on the Rights of the Child expressed serious concern about Australia’s low age of criminal responsibility and urged alignment with international standards. They recommended investing in early intervention and focusing on prevention and rehabilitation for juvenile offenders.
• Universal Period Review:
  
  • In the 2021 review by the UN Human Rights Council, 31 countries recommended Australia raise its age of criminal responsibility.

Question 35

Pressure to change the age of criminal responsibility -

Question 36

Pressure to change the age of criminal responsibility - Non-government
organisations (NGOs)

Answer 36

NGOs such as Amnesty International and Human Rights Watch have expressed
concerns about the effects of criminalisation on children, especially young First Nations
people who are disproportionately represented in prison statistics.

Question 37

Pressure not to change the age of criminal responsibility

Answer 37

Opposition to Raising the Age of Criminal Responsibility:

• Western Australian Office of the Public Prosecutions (2022 draft report):
  
  • Argues that the age should remain at 10 years.
  • Notes that children aged 10-14 are rarely charged with minor crimes, and only serious offenders end up in court.
• South Australia Police:
  
  • Opposes raising the age.
  • Believes young people can benefit from departmental supervision.
  • Concerns that changing the age could send the wrong message to young people.

Question 38

Current responses to the age of criminal
responsibility issue

Answer 38

Developments in the Age of Criminal Responsibility:

• Standing Council of Attorneys-General (2018):
  
  • Established a working group to examine raising the age of criminal responsibility.
• 2020 Draft Report:
  
  • Recommended raising the minimum age to 14 years.
  • Draft noted need for programs to support youth crime prevention and provide support for children, families, and communities.
• November 2021:
  
  • State Attorneys-General supported a proposal to increase the minimum age to 12 years, with specific requirements.
• December 2022:
  
  • Draft Report released but not yet agreed upon by all jurisdictions.
  • Recommended raising the age to 14 years without exceptions.
• November 2022:
  
  • Northern Territory passed a bill to raise the minimum age to 12 years.
  • ACT government to introduce legislation in 2023 to gradually increase the age to 14 by 2027.
• April 2023:
  
  • Victorian Attorney-General announced children aged 10 and 11 will not be held criminally responsible by the end of 2024.
  • Victoria will raise the age to 14 by 2027, with exceptions for serious crimes.

Question 39

explanation points

Answer 39

• Australia is part of the global community and plays a key role in addressing global concerns. It is often a signatory to international agreements and has passed legislation to formally recognise its commitments under treaties.
• As an active participant in the global community, Australia can sometimes be subjected to international pressures to change the law, or not change the law. This can include laws relating to terrorism, climate change or human rights.
• Pressures can come from international sources, such as the UN and Amnesty International, or from local sources, such as individuals and local bodies and
  organisations.
• Examples in the past have included putting pressure on parliament to address the growing concern of climate change, and to change the age of criminal responsibility.

Question 40

discussion points

Answer 40

• Government responses to pressure vary based on the issue, its source, and public support.
• Issues like climate change gain significant support, making it hard for governments to ignore them.
• Governments face competing pressures; e.g., balancing climate action with reliance on coal or addressing criminal responsibility while ensuring proper support for young people.
• Influential organizations or movements (e.g., social media hashtags, student protests) can sway public opinion and voting.
• Law reform must be weighed against other urgent issues (e.g., pandemics, natural disasters) and consider financial costs.