Jennifer Robinson delivers 2021 Hal Wootten Lecture
In the 50th anniversary year of 探花系列 Law & Justice, a renowned human rights lawyer reflects on the founding Dean鈥檚 legacy and 鈥榣iving greatly in the law鈥.
In the 50th anniversary year of 探花系列 Law & Justice, a renowned human rights lawyer reflects on the founding Dean鈥檚 legacy and 鈥榣iving greatly in the law鈥.
Estelle Jones
Kirby Institute Communications Officer
+61 (02) 9385 9987
e.jones@kirby.unsw.edu.au
In 2021, 探花系列 Law & Justice has both mourned the late Emeritus Professor Hal Wootten AC QC and celebrated the 50th anniversary of the faculty he founded. Before he died in July at almost 99 years of age, he invited international human rights lawyer and barrister Jennifer Robinson to deliver this year鈥檚 Hal Wootten Lecture.
Ms Robinson said she was daunted when she read the list of eminent speakers who had preceded her but was reassured by Prof. Wootten鈥檚 invitation and by reading his essay 鈥楲iving Greatly in the Law鈥. The piece outlines the values on which the law school was founded and which he saw reflected in Ms Robinson鈥檚 career.
For Ms Robinson, the lecture, 鈥楲iving Greatly in the Law: Law and Progressive Social Change鈥 presented by the faculty of Law & Justice and , was an opportunity to reflect on Hal鈥檚 life and to honour him.
鈥淚 realised that we will all continue to benefit from his legacy through the generations of lawyers he has educated and inspired. And now I feel incredibly optimistic,鈥 she said.
鈥淗al encouraged law students about the possibility of 鈥榣iving greatly in the law鈥. That is, living and working with a passion for justice and ensuring that the law serves those most in need.
鈥淗al established this [探花系列] law school with the progressive vision that students should understand the law in its social and political context. He understood the capacity of the law to create positive social change and he encouraged lawyers to seek out opportunities 鈥渢o give a little nudge that sends the law along the direction it ought to go鈥, which he explained 鈥渃an affect where the world goes鈥.
Retracing her journey and how she came to share Prof. Wootten鈥檚 view, Ms Robinson said she was struck by their similar experiences. Both came from 鈥渉umble beginnings鈥. At times, both felt unsure about a career in law and whether it would allow them to truly live their principles. Both spent time in New Guinea, which inspired their commitment to addressing colonisation at home and the injustices suffered by Indigenous Australians.
Ms Robinson said it was her time in West Papua that set her on 鈥渉er path鈥. There, she worked on cases involving torture, rape and crimes against humanity 鈥 and saw for herself the abuse and discrimination indigenous Papuans faced every day. She was followed by Indonesian intelligence and threatened with arrest and deportation by police.
鈥淲est Papua helped me find my passion for the law 鈥 [It] taught me about the possibility of using the law to build power in social movements and about what Hal meant by 鈥榣iving greatly in the law鈥,鈥 she said.
鈥淢y work serving the marginalised West Papuan community 鈥 has taken my career to remarkable places. Just 15 years after I was forced to leave West Papua as a disillusioned and outraged law student, I stood up as counsel before the International Court of Justice to successfully argue for a decision that makes clear that West Papua is unlawfully occupied by Indonesia.鈥
Ms Robinson recalled how she cried while watching the Australian Black Lives Matter protests from London 鈥 as we approached the 30th anniversary year of Prof. Wootten鈥檚 work on the Royal Commission into Aboriginal Deaths in Custody. Leetona Dungay, a Dunghutti elder, led the Sydney protest, bearing a banner with the words 鈥業 can鈥檛 breathe鈥. Like George Floyd, her son David had screamed these words 12 times at prison officers before he was killed in 2015.
Frustrated by the lack of justice in Australia, Leetona wanted to take her advocacy to the United Nations (UN) and Ms Robinson worked with Professor Larissa Behrendt on drafting a complaint. They wrote about Australia鈥檚 failure to implement the Royal Commission鈥檚 recommendations 鈥 and how that failure contributes to the ongoing crisis of Aboriginal deaths in custody.
鈥淚 pay tribute to the many Aboriginal families who, like Leetona, continue to fight for justice for the loved ones they have lost. Win or lose, I hope that the combination of our complaint 鈥 together with Leetona鈥檚 campaign 鈥 will help to nudge the government in the right direction to end impunity for deaths in custody and to implement Hal鈥檚 recommendations 30 years too late,鈥 Ms Robinson said.
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鈥淭his is just the beginning of the work I hope to do to continue Hal鈥檚 legacy and contribute to a more just Australia. I can only hope that in, the decades ahead, I can make a fraction of the contribution he did. But imagine what we can achieve if we all aimed for that?鈥
Ms Robinson said her profile grew when she represented Julian Assange and WikiLeaks, and young lawyers from around the world contacted her saying they wanted to be human rights lawyers too.
鈥淚 knew I was only able to do what I do because of the immensely privileged educational opportunities I鈥檇 had. But that just motivated in me a mission that I shared with Hal: trying to break down barriers to our profession for women and marginalised communities,鈥 she said.
A chance meeting with a philanthropist at Assange鈥檚 40th birthday party in house arrest led to them creating the Bertha Justice Initiative 鈥 a program providing paid opportunities for lawyers from marginalised communities to be mentored and trained by the best human rights lawyers. The program has invested more than US$50 million to support the next generation of lawyers in 17 countries.
Frustrated by her inability to bring the Bertha program to Australia, Ms Robinson said she looked at different ways to fund the work here. The culmination was the Grata Fund, which is funding work on Indigenous justice and climate.
Ms Robinson has indeed had what Dean of 探花系列 Law & Justice Professor Andrew Lynch described as 鈥渁 remarkable career鈥. As well as a defence lawyer for Julian Assange and WikiLeaks, she has acted for major media outlets in the US and UK, appeared in anti-terrorism and free speech litigation before the UK Supreme Court, and the European Court of Human Rights. She's a founder of international lawyers for West Papua, in pursuit of its right to independence and greater human rights protection. She is also a member of the (AHRI) board based and a founding director of the , both based at 探花系列 Law & Justice.
鈥淚 hope that you will all join me in honouring Hal by continuing his legacy in your own way,鈥 she said.
鈥淚n this way, Hal will retain an immortal quality because he lives on in this law school and in each and every lawyer who is inspired by him to 鈥榣ive greatly in the law鈥.
鈥淲e stand on Hal鈥檚 shoulders.鈥
Read about the Hal Wootten 50th Anniversary Scholarship which will support students experiencing adversity or disadvantage to undertake a degree at 探花系列 Law & Justice.