Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 Aboriginal and Torres Strait Islander peoples a model for their recognition in the Australian Constitution and negotiating in good faith with Aboriginal and Torres Strait Islander peoples about national representative mechanisms. (b) Implementation of Committee’s Concluding Observations 27. The Commission notes that Australia’s 18th to 20th periodic report was due on 30 October 2014, but only submitted to the Committee on 2 February 2016. The Commission commends the Australian Government’s establishment of a Standing National Human Rights Mechanism to strengthen its engagement with human rights reporting. This is an opportunity to improve the timeliness of Australia’s responses to UN treaty body communications. 28. The Commission also notes that there is no domestic mechanism in place to consider, coordinate or implement the recommendations or the concluding observations of the Committee. Recommendation 4: That the Australian Government introduce formal mechanisms to consider and implement recommendations of treaty committees, including the concluding observations of the Committee in relation to Australia’s 18th to 20th periodic report under CERD. (c) Ratification of OPCAT 29. The Commission remains concerned by the gaps in independent monitoring of places of detention in Australia (including in respect of population groups which are prone to racial discrimination, particularly of Aboriginal and Torres Strait Islander peoples and refugees and asylum seekers). 30. On 9 February 2017, the Australian Government announced its intention to ratify the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). OPCAT provides for ongoing independent monitoring of places of detention, to ensure adherence to minimum standards in conditions and treatment. 31. The Commission commends the Australian Government’s commitment to ratify OPCAT by December 2017.26 Recommendation 5: That the Australian Government fulfil its commitment to ratify the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by December 2017 and commence its progressive implementation immediately thereafter. (d) 32. Other relevant instruments The Commission notes that the Australian Government has not ratified the Convention on Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and is not a party to ILO Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries. The 9