referred to a programme for a maximum of 6 months
per year. To qualify for an unemployment benefit, a
person must generally
(a)
within a two year period results in a two-month nonpayment of unemployment benefits.
APPENDIX
Be unemployed;
Individual opinion by Committee member Ms. Ruth
Wedgwood
(b)
Satisfy the “activity test” or be exempt
from it by virtue of, for example, being in full-time
education, being in a remote area, giving birth to a
child, and so forth. The “activity test” requires a
person to be actively seeking and willing to
undertake suitable paid work and to attend such
programmes, for example the Work for the Dole
programme, and training that may be directed;
In a world that is still replete with problems of
caste, customary systems of peonage and indentured
labour, forced labour in remote areas under conditions that
often mimic slavery, and the disgrace of sexual trafficking
in persons, it demeans the significance of the International
Covenant on Civil and Political Rights to suppose that a
reasonable work and training requirement for participation
in national unemployment benefits in a modern welfare
state could amount to “forced or compulsory labour”
within the meaning of article 8 (3) (a).
(c)
Be prepared to enter into and comply
with a ‘Preparing for Work’ Agreement, which may
include participating in a Work for Dole programme;
and
Australia has a programme of unemployment
benefits that supports new job seekers for six months, so
long as they are willing to accept gainful employment.
After six months, continued receipt of benefits may be
conditioned on the participant’s willingness to enhance his
or her job skills and give something back to the
community, through a “Work for Dole” programme. The
latter programme is limited to 12 hours per week (for
persons under 21 years of age), and 15 hours per week (for
persons of 21 years or older).
(d)
Satisfy certain other formal criteria of
age, residence and the like.
After receiving an unemployment benefit for six
months, an unemployed person must, if subject to
“activity testing”, commence a programme or
activity of their choice, of which the Work for Dole
programme is one, geared towards enhancing their
employment prospects. Failure on the part of the
person to choose a programme or activity results in
referral for a Work for Dole placement for six
months as a matter of administrative practice if:
The author of this communication, Ms. Bernadette
Faure, began to draw unemployment benefits immediately
after leaving high school in 1996. In November 2000,
after attending an “Intensive Assistance” programme at a
Government-accredited employment agency, she failed to
comply with the terms of a “Preparing for Work
Agreement” and her public benefit was partially reduced.
She then failed to attend three scheduled interviews with
an employer called “Mission Australia” as part of the
Work for Dole programme. Finally, in July 2001, she took
part successfully in the “Work for Dole” programme and
worked at a job placement until 7 October 2001. She
started another placement on 24 October 2001, but failed
to show up on 30 October or 5–6 November 2001, and did
not corroborate her claim of illness with any medical
certificate. The unexcused absence on 30 October resulted
in a rate reduction of 24 per cent and the second absence
resulted in cancellation of her benefits. Her benefits were
reinstated on 26 February 2002.
(a)
The person receives the full rate of
unemployment benefit;
(b)
The person possesses the skills and
experience to perform the required tasks;
(c)
The tasks of the employment
placement in question are medically appropriate and
do not otherwise pose occupational health and
safety; and
(d)
satisfied.
Certain
other
requirements
are
Once a Work for Dole placement begins, the
person’s unemployment benefit is augmented by
$A 21 per week reflecting the extra costs of
participating in the programme. Community Work
Coordinators both assist the person in the placement
and submit, under strict requirements, participation
reports to ensure that participation requirements are
being met.
Ms. Faure asserts that Australia has imposed a type
of “forced or compulsory labour” forbidden by the
Covenant, by requiring that she should take part in a work
and training programme as a condition of receiving public
unemployment benefits. The State party argues that the
programme contributes to the acquisition of employment
skills, and is a form of “mutual obligation” that respects
the claims of the community and the job seeker,
Ms. Faure, characterizes the work requirement in terms
one might have thought originally aimed at horrific
instances such as the forced labour required by colonial
powers to build canals and roads, rather than the mutual
obligations of a modern democratic society.
Failure to commence or complete the Work for Dole
programme, including where this forms part of a
Preparing for Work Agreement, or failure to comply
with conditions of a Work for Dole programme,
result, in the absence of reasonable excuse, in an
“activity test” breach and accompanying financial
penalties in the form of reduced payment of
unemployment benefits. Any third such breach
Professor Manfred Nowak, in his work on the UN
Covenant on Civil and Political Rights, CCPR
Commentary (2nd edition 2005), at page 202, has
concluded that “The mere lapse of unemployment
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