Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 2 Statutory powers of the Australian Human Rights Commission LOIPR: para 5 – measures to ensure the Commission has powers to monitor implementation of the State party’s obligations under the CAT Relevant provision of the CAT: Article 2(1) Key issues: • The Commission’s legislation does not include the CAT within the definition of ‘human rights’. • The Commission can, nevertheless, investigate allegations of torture, cruel, inhuman and degrading treatment through the inclusion of the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC) within the definition of human rights. • Draft legislation prepared in 2012 proposed inserting a comprehensive definition of human rights for the Commission – this draft legislation was not enacted. Recommended action: That the Government schedule the CAT to the AHRC Act. 10. The Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) sets out the Commission functions and responsibilities to promote and protect human rights. Human rights are defined in section 3 of the Act as the international instruments scheduled to or declared under the Act. This includes the ICCPR2 and the CRC.3 It does not include the CAT. 11. Nevertheless, the Commission can investigate acts and practices of the Commonwealth that may breach the prohibition of torture, cruel, inhuman and degrading treatment or the right of detained persons to be treated with humanity and with respect for the inherent dignity of the person. This is due to article 7 and 10 of the ICCPR and article 37(a) and (c) of the CRC falling within the definition of human rights in section 3 of the AHRC Act. 12. Since Australia’s previous appearance before the CAT Committee, the Commission has prepared seven reports to Parliament which included findings that the Commonwealth had breached the prohibition of torture, cruel, inhuman or degrading treatment or the right of detained persons to be treated with humanity and with respect for the inherent dignity of the person. These reports were a result of investigations conducted under the AHRC Act.4 13. The Fourth and Fifth periodic reports of the Australian Government5 note the exposure draft Human Rights and Anti-Discrimination Bill 2012 proposed including the Convention within the definition of ‘human rights’ for the purposes of the Commission’s functions. The draft exposure Bill was released for public comment in late 2012. However, it did not proceed beyond the draft exposure stage. 4