10. Australia presently has a high vaccination rate, with 90.49% of Australians over 16 double vaccinated.12 However, Australia’s initial vaccine rollout experienced problems and lengthy delays.13 There is also unevenness associated with vaccination of certain vulnerable groups. Aboriginal and Torres Strait Islander peoples have lower vaccination rates compared to the overall population despite being classified as high priority at the commencement of the rollout, and there have been several outbreaks in remote Indigenous communities.14 Available reporting indicates that prisoners have lower vaccination rates and limited access to testing, despite prisons being particularly susceptible to COVID outbreaks.15 Similar concerns have previously been raised with respect to individuals held in immigration detention,16 although we note that the offer of vaccinations to detainees has been available since early August 2021. 17 The Commission’s report Management of COVID-19 risks in immigration detention, recommended additional measures to address the risk of COVID-19 in immigration detention while also reducing the negative human rights impact.18 • Information on consideration of human rights in public decision-making during the COVID-19 pandemic, and on addressing the ongoing human rights impacts of COVID-19 policies on ESC rights. Aboriginal and Torres Strait Islander Peoples 11. There remains an unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander peoples, as well as a lack of Constitutional recognition.19 This was also a focus of the Committee in its 2017 Concluding Observations.20 12. There is no program to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in Australia, nor a national representative mechanism for Indigenous peoples, as freely determined by them.21 13. The Australian Constitution permits racial discrimination.22 A referendum has not yet taken place to address this or recognise Aboriginal and Torres Strait Islander peoples23 despite multiple processes since 2011.24 Constitutional reform, truth telling and agreement making are critical to addressing the concerns experienced by Aboriginal and Torres Strait Islander peoples, including self-determination and key ESC rights. The Uluru Statement of the Heart sets out a process to address these concerns. It has not been implemented to date, although the Government is currently considering options for national and regional representative structures for Indigenous peoples.25 14. The Closing the Gap strategy aims to ‘close the gap’ between Indigenous and non-Indigenous Australians across a range of life outcomes. As of 2020, Government reporting shows that two of the seven targets—early childhood education and Year 12 attainment—are on track to be met by 2031.26 Other areas such as employment and school attendance have not seen improvements,27 and the life expectancy gap has persisted.28 The Commission in 2021 has noted improvements in some health areas, such as antenatal, infant and early childhood health, and a lack of improvement in areas including rates of out-of-home care and imprisonment.29 The Commission welcomes the Partnership Agreement in 2019 between the Coalition of Peaks and NFRC—the peak intergovernmental forum in Australia.30 3