Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Recommendation 57: That the Australian Government consider the concerns raised by the Independent National Security Legislation Monitor in ensuring that counter-terrorism measures do not unnecessarily limit human rights. Recent measures (ICCPR articles 7, 9, 12, 14, 17 & 26; LOI 7) 133. (a) The Commission considers that the following counter-terrorism laws may disproportionately restrict rights under the ICCPR.163 Control Orders and Preventative Detention Order regimes164 134. These regimes may allow for the arbitrary detention of individuals; may result in arbitrary interference with the right to privacy and the freedoms of movement, expression and association; and do not provide effective review procedures.165 135. The Commission has recommended that, absent compelling evidence that the provisions are necessary and proportionate to achieving a legitimate objective, the preventative detention order regime should be repealed,166 and the control orders regime should be amended to comply with international human rights law, or, failing that, should also be repealed.167 (b) Post-sentence detention168 136. This measure permits the continued detention of people convicted of a range of terrorism-related offences after the expiration of their sentences in circumstances where they are assessed as posing an unacceptable risk to community safety and that risk cannot be managed in a less restrictive way. 169 The Commission has recommended that these provisions be amended so as to achieve their legitimate purpose without impinging disproportionately on the human rights of those affected. 137. The Commission notes that the Committee has considered post-sentence preventative detention schemes in Australia outside of the counter-terrorism context, in relation to two people convicted of sex offences. The Committee found these laws violated article 9 of the ICCPR.170 (c) 138. (d) 139. ’Stop, search and seize’ powers171 These powers involve restrictions on the freedom of movement and the right to privacy. The Commission is concerned that the breadth of these powers is not proportionate to the legitimate need to protect public safety.172 ‘Declared areas’ offences173 These offences, aimed at ‘foreign fighters’, criminalise entry into and remaining in ‘declared areas’, unless solely for a ‘legitimate’ purpose. The Commission has expressed concern that, by potentially capturing a wide range of innocent conduct, and making that conduct subject to severe criminal 29