the positive benefits of work for the dole for
participants, means that the initiative should
be regarded as reasonable in its requirement
of a contribution to the community from
participants.”
unemployed persons as a condition of receiving
unemployment benefits is not unreasonable, or
disproportionate when weighed up to the positive
benefits received by them and the community.
4.17 The author had received unemployment
benefits for four years before her referral to the
programme, at age 21. Previously, she had been
involved in a number of activities enhancing her
employability, including a year-long Intensive
Assistance programme. Her benefits were cancelled
because of her failure to provide supporting evidence
for alleged illness and thus being unable to
demonstrate a reasonable excuse for her absence.
This decision was upheld on review. In the review,
she also contended she was unable to carry out
concreting work as part of the project. However the
Community Work Coordinator for the project
advised that the concreting was minor, there were
other young women involved and nobody was asked
to do anything they were incapable of physically
performing. In the State party’s view, these
processes show how checks and balances work to
ensure that Work for Dole participants are given
reasonable and suitable work.
4.14 Assessing the two dimensions of penalty and
involuntariness, the State party points out that a
failure to participate in the programme, without
reasonable excuse, initially only leads to a reduction
in the rate of unemployment benefits payable, with
repeated failure—again without reasonable excuse—
leading to non-payment for 2 months only. There is
no absolute right to social security, and ILO
standards on unemployment benefits accept that they
may be withdrawn where an individual refuses an
offer of suitable and reasonable employment.7 In this
light, there is no element of penalty for failure to
participate in the Work for Dole programme that
would raise participation in the programme to the
threshold of compulsory labour.
4.15 In terms of involuntariness, the State party
argues that the programme modalities satisfy
requirements of reasonableness and proportionality.
Unemployed people are not required to accept
benefits but, if they do, a precondition to receipt may
be participation in the Work for Dole programme.
Long-term youth unemployment is a serious
problem in Australia, and this programme is part of a
series of innovative responses to the problem. The
programme is based on the concept of mutual
obligation between an unemployed person and the
community supporting him or her. The relevant
projects provide real tangible benefits to
communities in the form of community facilities,
infrastructure, care and assistance. The programme
is specially designed to improve the skills,
employability, self-esteem and experience of young
unemployed people. 18–20-year-olds are only
required to work 12 hours per week, while older
persons work 15 hours per week, with working hours
corresponding to those in the general marketplace.
4.18 In conclusion, the State party invites the
Committee to find that the author was not required to
engage in compulsory labour, within the meaning of
article 8 of the Covenant, or that, if so, the labour is
justified by the exception of “normal civic
obligation” contained in article 8, paragraph 3 (c)
(iv), resulting in no violation of the Covenant.
4.19 On the merits of the article 2 claims, the State
party argues that as the substantive claim under
article 8 is either inadmissible or without merit, the
assertion of an article 2 claim must also be
considered to be without merit. In any event, the
author has not provided evidence sufficient to enable
a proper consideration of this claim. Even if the
communication could be said to contain any
substantiated evidence, the State party contends, in
the light of its admissibility submissions on article 2,
that it fully protects Covenant rights under common
law and Federal, State and Territory legislation. In
the present case, numerous appeal and review
instances were available but not utilized. Her failure
to exhaust domestic remedies also supports a finding
that there is no violation.
4.16 In addition, participants can only work in the
programme for six months at a time, and for six
months per year. Job search requirements applicable
to participants are reduced to two employer contacts
per fortnight. Checks and balances, coupled with
review processes, ensure specific work is suitable
and reasonable, with a participant being able to raise
these issues. The State contracts personal injury and
third party liability insurance for participants.
Finally, a fortnightly supplement is paid in view of
the extra costs. In light of these elements, the burden
the Work for Dole programme imposes on young
4.20 On the specific claim that HREOC did not
make a report and recommendations to the AttorneyGeneral, the State party points out that this was
because HREOC rejected the author’s complaint and
thus cannot serve as a basis for an article 2 claim.
The author’s comments on the State party’s
submissions
7
ILO Convention No. 44 of 1934 Ensuring Benefit or
Allowances to the Involuntarily Unemployed and ILO
Convention No. 168 of 1988 Concerning Employment
Promotion and Protection against Unemployment.
5.1 By letter of 1 September 2002, the author
challenged the State party’s submissions, rejecting
71
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