IHRB and the Australian Human Rights Institute Make the Case for Embedding Human Rights In Public Procurement of Infrastructure

Australia, like other countries, has made infrastructure a core plank of its strategy for economic recovery from the COVID-19 pandemic. The Australian Government is committing $110 billion in land transport infrastructure over the next decade – as part of a wider plan for all types of infrastructure.

On 5 October 2021, Dr. Natalie Galea of the Australian Human Rights Institute at the University of New South Wales presented to a public hearing as part of the Australian Parliamentary Inquiry into Procurement Practices for Government-Funded Infrastructure, making the case for an approach that is grounded in human rights. Dr. Galea was joined at the hearing by Annabel Short, a Senior Advisor with IHRB’s Built Environment Programme - both are part of the Coalition for Dignity in the Built Environment.

In the opening testimony and in follow-up remarks, Dr. Galea and Annabel Short:

• Highlighted the significant leverage that public procurement processes have over specific infrastructure projects as well as in influencing wider industry practices
• Recommended that the government integrate the Framework for Dignity in the Built Environment into its public procurement practices. This would ensure that human rights risks and social outcomes are taken into account at the very earliest stages of projects and managed throughout the lifecycle, from planning and financing, to design, construction and use, to redevelopment.
• And elevated the benefits of integrating human rights into procurement practices, beyond avoiding harm to people. These include: generating improved economic returns over the medium and longer-term, for example by reducing community opposition and work stoppages; ensuring that infrastructure is aligned with local needs and improves health outcomes; stimulating local economies and strengthening supply chain resilience; and expanding access to international finance.

Dr Galea also cited initial findings from her research into a five-day week on construction sites, which has identified the multiple harmful knock-on effects for workers and their families of excessive working hours in construction, and the benefits of shorter work weeks. 

The hearing also heard from speakers from:

• Construction Industry Culture Taskforce (Submission 21) 
• Construction, Forestry, Maritime, Mining and Energy Union (Submission 29) 
• National Association of Women in Construction (Submission 39) 

During the course of the hearing, MP Andrew Giles said: “Having heard a lot of evidence about our aspirations for doing procurement better as a national government and in dealings with other levels of government, it's going to be a fool's errand unless we build the capacity to effectively look to these wider goals, whether it's looking at supply chains, security, reinforcing sovereign capacity or incentivizing issues for diversity in the workforce.”

The hearing Chair MP John Alexander expressed interest in recommending that the government establish a forum for ongoing input on these issues. 

Further reading:

• The UNSW submission to the inquiry is available here, and all submissions are available here
• 2021 Australia Infrastructure Plan, Infrastructure Australia
• “Dignity by Design: Human Rights and the Built Environment Lifecycle”, IHRB
• Framework for Dignity in the Built Environment, Coalition for Dignity in the Built Environment