ÿþ<?xml version="1.0" encoding="utf-16"?> <html> <head> <link rel="stylesheet" type="text/css" href="data:text/css;base64,77u/Ym9keSB7IA0KCWZvbnQtZmFtaWx5OnNlcmlmOyANCgltYXJnaW46MCBhdXRvOyANCgl3aWR0aDo5NjBweDsgDQp9DQp0YWJsZSB7IA0KCXdpZHRoOjEwMCU7IA0KCWJvcmRlci1ib3R0b206MnB4IHNvbGlkICMwMDA7IA0KfQ0KdGFibGUgdHI6Zmlyc3QtY2hpbGQgdGQgeyANCglib3JkZXItYm90dG9tOjFweCBzb2xpZCAjMDAwOyANCn0NCmRpdi5jb250ZW50IHsgDQoJd2lkdGg6ODAwcHg7IA0KCW1hcmdpbjoyMHB4IGF1dG8gMCBhdXRvOyANCn0NCmRpdi5jb250ZW50IHRhYmxlLCBkaXYuY29udGVudCB0YWJsZSB0ZCB7DQoJYm9yZGVyOm5vbmU7DQp9DQouaGlnaGxpZ2h0IHsNCgliYWNrZ3JvdW5kLWNvbG9yOiNGQ0YxOUE7DQp9" /> </head> <body> <div class="content"> <h2 style="font-weight:bold;">Concluding observations on the sixth periodic report of Australia *</h2> <p>1.The Committee considered the sixth periodic report of Australia (CCPR/C/AUS/6) at its 3418th and 3419th meetings (see CCPR/C/SR.3418 and 3419), held on 18 and 19 October 2017. At its 3442nd and 3444th meetings, held on 3 and 6 November 2017, it adopted the present concluding observations.</p> <h3>A.Introduction</h3> <p>2.The Committee welcomes the submission, albeit late, of the sixth periodic report of Australia through the simplified reporting procedure in response to the list of issues prior to reporting prepared under that procedure (CCPR/C/AUS/Q/6). It expresses appreciation for the opportunity to renew its constructive dialogue with the State party s delegation on the measures taken during the reporting period to implement the provisions of the Covenant. The Committee thanks the State party for the oral responses provided by the delegation and for the supplementary information provided to it in writing.</p> <h3>B.Positive aspects</h3> <p>3.The Committee commends the State party for its commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It welcomes the following measures taken by the State party:</p> <p>(a)The adoption of the Human Rights (Parliamentary Scrutiny) Act 2011, requiring a statement of compatibility with human rights for all bills and disallowable legislative instruments, and establishing the Parliamentary Joint Committee on Human Rights;</p> <p>(b)The establishment of the Independent National Security Legislation Monitor and the Age Discrimination Commissioner;</p> <p>(c)The establishment of a standing national human rights mechanism to strengthen engagement with human rights reporting;</p> <p>(d)The amendments to the Sex Discrimination Act 1984<span style="font-size:1.2em;">,</span> prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status, in 2013;</p> <p>(e)The adoption of the Australian Government Guidelines on the Recognition of Sex and Gender of July 2013.</p> <p>4.The Committee also welcomes the State party s accession to the Optional Protocol to the Convention on the Rights of Persons with Disabilities, on 21 August 2009.</p> <h3>C.Principal matters of concern and recommendations</h3> <h3>The Covenant in the domestic legal order</h3> <p>5.The Committee notes the State party s position that existing domestic laws adequately implement the Covenant provisions, but observes that gaps in the application of Covenant rights still exist. The Committee thus remains concerned about the lack of comprehensive incorporating legislation. While acknowledging the efforts made to provide human rights training to judges, lawyers and public servants on an as-needed basis, the Committee is concerned about reports suggesting that there is limited awareness of the Covenant among State officials, which, coupled with the failure to incorporate the Covenant into domestic law, could adversely affect the effective implementation of the Covenant at the domestic level (art. 2).</p> <h3>The Covenant in the domestic legal order</h3> <p style="font-weight:bold;">6. The Committee reiterates its recommendation (see CCPR/C/AUS/CO/5, para. 8) that the State party should adopt comprehensive federal legislation giving full legal effect to all Covenant provisions across all state and territory jurisdictions. It should also step up efforts to raise awareness about the Covenant and ensure the availability of specific training on the Covenant at the state and territory levels for judges, lawyers, prosecutors, law enforcement officers and public servants and for federal immigration staff.</p> <h3>Reservations</h3> <p>7.The Committee notes that the State party maintains its reservations to articles 10, 14 (6) and 20 of the Covenant and that it considers them justified (art. 2).</p> <h3>Reservations</h3> <p style="font-weight:bold;">8. The State party should review periodically the justifications for, and the necessity of, maintaining its reservations to articles 10, 14 (6) and 20 of the Covenant with a view to withdrawing them.</p> <h3>Views under the Optional Protocol </h3> <p>9.While noting the State party s explanation that it gives due consideration, in good faith, to the Views adopted by the Committee, regards them as valuable indicators of the scope and nature of its obligations under the Covenant, and implements them where appropriate, the Committee remains concerned (see CCPR/C/AUS/CO/5, para. 10) about the State party s repeated failure to implement its Views. The Committee recalls its long-standing position<span style="font-size:1.2em;">,</span> articulated in its general comment No. 33 (2008) on the obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights, that its Views exhibit some of the principal characteristics of a judicial decision and represent an authoritative determination by the organ established under the Covenant, charged by all State parties with the task of interpreting that instrument. Thus, the Committee regards implementation of the remedies indicated in its Views as an important part of the obligations of States parties under article 2 (3) of the Covenant and under the Optional Protocol (art. 2). </p> <h3>Views under the Optional Protocol </h3> <p style="font-weight:bold;">10. The State party should promptly and fully implement all pending Views adopted by the Committee so as to guarantee the right of victims to an effective remedy when there has been a violation of the Covenant, in accordance with article 2 (3) of the Covenant.</p> <h3>Scrutiny of federal legislation for compatibility with human rights</h3> <p>11.While appreciating the establishment of the Parliamentary Joint Committee on Human Rights to scrutinize bills with a view to ensuring their compatibility with international human rights treaties, including the Covenant, the Committee is concerned that bills are sometimes passed into law before the conclusion of review by the Parliamentary Joint Committee, and about reports questioning the quality of some statements of compatibility, notwithstanding the guidelines issued by the Attorney-General and the Parliamentary Joint Committee (art. 2). </p> <h3>Scrutiny of federal legislation for compatibility with human rights</h3> <p style="font-weight:bold;">12. The State party should strengthen its legislative scrutiny processes with a view to ensuring that no bills are adopted before the conclusion of a meaningful and well-informed review of their compatibility with the Covenant. </p> <h3>Australian Human Rights Commission</h3> <p>13.The Committee is concerned about reported attempts by senior politicians to discredit the work of the Australian Human Rights Commission in ways that might threaten its independence and the high public esteem in which it is held. The Committee also notes the cuts that have been made to the Commission s budget in recent years and welcomes the State party s assurance that such cuts are temporary and that the Commission s budget will be restored to its previous level (art. 2).</p> <h3>Australian Human Rights Commission</h3> <p style="font-weight:bold;">14. The State party should refrain from taking any action or measures that could undermine the independence of the Australian Human Rights Commission, pursue its stated intention to restore the budget of the Commission, and ensure adequate funding for the Commission to continue to carry out its mandate effectively.</p> <h3>Counter-terrorism measures</h3> <p>15.While acknowledging the State party s need to adopt measures to respond to the risk of terrorism, and while noting the safeguards in place to ensure respect for fundamental rights and freedoms, the Committee is nonetheless concerned about the haste with which some measures have been adopted, and the necessity and proportionality of certain counter-terrorism powers, including control orders, stop, search and seizure powers, questioning and detention warrants, preventive and post-sentence detention order regimes,  declared areas offences and revocation of citizenship. While welcoming the mandate of the Independent National Security Legislation Monitor to review counter-terrorism legislation, the Committee is concerned that in the past, the State party has not promptly acted upon a number of recommendations made by the Monitor and by the Council of Australian Governments, and has in fact reauthorized measures such as control orders and preventive detention orders and referred them to a new round of reviews by the Monitor and the Parliamentary Joint Committee on Intelligence and Security. While noting the State party s explanation that many of the prescribed powers have not been used, or have been used only rarely as a last resort, the Committee is concerned that there is a risk that such emergency measures could, over time, become the norm rather than the exception (arts. 2, 9, 10, 12, 17 and 26). </p> <h3>Counter-terrorism measures</h3> <p style="font-weight:bold;">16. The State party should comprehensively review its current counter-terrorism laws, policies and practices on a continuing basis with a view to ensuring their full compliance with the Covenant, in particular by ensuring that any limitations of human rights for national security purposes serve legitimate government aims, are necessary and proportionate to those legitimate aims and are subject to appropriate safeguards. Moreover, it should act diligently on the outcome of such reviews.</p> <h3>Comprehensive anti-discrimination legislation</h3> <p>17.The Committee is concerned about the lack of direct protection against discrimination on the basis of religion at the federal level, although it notes that a parliamentary inquiry is under way on the status of the human right to freedom of religion or belief. The Committee is also concerned about reported barriers to accessing effective remedies for discrimination, including the 6-month time limit for lodging complaints, the high cost of lawsuits, and the obligation for some complainants to seek leave to take their claims to court (arts. 2 and 26). </p> <h3>Comprehensive anti-discrimination legislation</h3> <p style="font-weight:bold;">18. The State party should take measures, including considering consolidating existing non-discrimination provisions in a comprehensive federal law, in order to ensure adequate and effective substantive and procedural protection against all forms of discrimination on all the prohibited grounds, including religion, and intersectional discrimination, as well as access to effective and appropriate remedies for all victims of discrimination. </p> <h3>Racism and hate speech</h3> <p>19.The Committee is concerned about: (a) reports of discrimination on the basis of ethnic, racial, cultural or religious background, with migrants from African countries being particularly targeted by discrimination and racial profiling; (b) attacks on places of worship and on individuals who are visibly religious or perceived to belong t