Report form the Melbourne _Age_, September 15, 1992

UN TO RULE ON SEX LAWS IN TASMANIA

Australia has decided to let the United Nations Human Rights
Committee adjudicate on a law that makes homosexual sex
illegal in Tasmania.

In a long-delayed submission to the UN committee about the
case of a Hobart gay activist, Mr Nick Toonen, the Federal
Government said it would not challenge the admissibility of
his claim.

This decision is claimed to put Canberra at odds with the
Tasmanian Government. Gat activists said that, in a
confidential submission, the Groom Government argued the case
should not be heard by the UN committee.

The Toonen case is the only claim to have been brought to the
committee from Australia, nearly a year after it signed the
first option protocol to the International Covenant on Civil
and Political Rights.

Coincidentally, the president of the Australian Law Reform
Committee, Justice Elizabeth Evatt, has just been appointed to
the UN committee, her office confirmed yesterday. Appointments
are based on individual merits, not on national affiliation.

Tasmania is the only state to outlaw homosexual sex. It is
described as an offence "against the order of nature" for
which a person could, in theory, be sentenced to 21 years'
imprisonment. Mr Toonen says the law is an affront to his
dignity, threatens his privacy and dignity, and creates
conditions for the violation of human and democratic rights. 

An attempt to reform the law when the Labour Government was in
power failed in the Legislative Council [the Tasmanian upper
house]. Although the Liberal Government is considering whether
to include sexual preferences in an anti-discrimination bill,
the Attorney-General, Mr Cornish, said there were no plans to
change the law.

Mr Toonen lodged his case with the UN last December. But when
the committee asked the Federal Government to respond it
sought two delays, finally sending a five page reply last
Thursday. The Justice Minister, Senator Tate, said the delays
were caused by the need to consult the Tasmanian Government.

Although it supports the admissibility of the Toonen case, the
Federal Government has said nothing about its merits. But Mr
Rodney Croome, a spokesman for the Tasmanian Gay and Lesbian
Rights Group, said the decision still had important political
implications.

"We are pleased that the Federal Government is willing to
allow international exposure for what is a gross violation of
human rights," he said. "It is pleasing to have the Tasmanian
Government's point of view, that this case should not be
heard, dismissed by the Federal Government."

The case now returns to the UN committee in time for its
October meeting. A further round of submissions will be called
for, and Mr Croome hopes to hear a decision in about nine
months. If the committee rules in favour of Mr Toonen, gay
activists hope that either the state will change the law, or
the Federal Government will use its external affairs powers to
override Tasmania.

Mr Croome said interest had been shown by other gay and
lesbian groups in Western Australia and the Northern
Territory.

-  
John Collier 			Email: jcollier@ariel.ucs.unimelb.edu.au
HPS -- U. of Melbourne		  	Fax:   61+3 344 7959
Parkville, Victoria, AUSTRALIA 3052