Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 9. Recommendations: That the Government ensure that concerns about compliance with human rights obligations raised by the PJCHR are fully considered in the legislative process. That the Government incorporate ICESCR into Australian law. 2.2 National Human Rights Institution (ICESCR Article 2(1); LOI 2; Concluding Observation 13) 10. The Commission has a statutory power to promote and protect human rights under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act). Human rights are defined in the AHRC Act as the international instruments scheduled to or declared under the AHRC Act. 11. The Commission’s legislation does not expressly include ICESCR within the definition of ‘human rights.’ Despite this, the Commission can exercise its functions in relation to economic, social and cultural rights that are included within other treaties scheduled to our legislation: Convention on the Elimination of all forms of Discrimination against Women (CEDAW), Convention on the Rights of Persons with Disability (CRPD), Convention on the Rights of the Child (CRC), Convention on the Elimination of Racial Discrimination (CERD) and in relation to the functions of the Social Justice Commissioner3 and the National Children’s Commissioner.4 12. Recommendation: That the Government include ICESCR within the definition of human rights in the AHRC Act. 3 Treaty Ratification 13. The Australian Government responded to the 2nd Cycle UPR recommendations to ratify the Optional Protocol to the ICESCR and the Convention on Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) by indicating that ratification of the two treaties would not be considered further at this time. The Commission considers that these instruments should be treated as priorities for ratification. 14. Recommendation: That the Government commence a National Interest Analysis on the ratification of the Optional Protocol to the ICESCR and ICRMW. 4 15. Aboriginal and Torres Strait Islander peoples Aboriginal and Torres Strait Islander peoples continue to experience an unacceptable level of disadvantage across most socio-economic indicators.5 The Commission has expressed concern about two over-arching issues that impact on the enjoyment of human rights for indigenous peoples: a) a lack of meaningful consultation with Aboriginal and Torres Strait Islander peoples in programs and policies that affect them and b) a failure to implement the UN Declaration on the Rights of Indigenous Peoples. 4