Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
116.
The Commission notes that freedom of religion or belief is not directly
protected under federal anti-discrimination law. The Commission considers
that consideration should be given to how federal law could further incorporate
international human rights law relating to religion, so as better to protect
people from discrimination and other breaches of human rights on the basis of
their religious belief and observance.
117.
The Commission notes that a parliamentary inquiry is underway relating to the
status of the right to freedom of religion in Australia.138
Recommendation 49: That the Australian Government consider how
Australian law could further incorporate international human rights law
relating to religious belief and observance.
Freedom of expression (ICCPR article 19)
(a)
Secrecy laws
118.
The Commission notes the ALRC’s 2009 report, Secrecy Laws and Open
Government.139
119.
The Commission is concerned about provisions in the Australian Border Force
Act 2015 (Cth) that prohibit disclosure of any information obtained by a person
in their official capacity (subject to some exceptions), including those working
in immigration detention centres. The Commission welcomes the Australian
Border Force Amendment (Protected Information) Bill 2017 (Cth), which would
reduce the scope of these criminal secrecy provisions. The Commission has
recommended that the Government pass this bill with certain amendments.140
Recommendation 50: That the Australian Parliament pass the Australian
Border Force Amendment (Protected Information) Bill 2017 (Cth) with
certain amendments, as previously recommended by the Commission.
Recommendation 51: That the Australian Government amend other
secrecy laws in accordance with the recommendations of the ALRC in its
Secrecy Laws and Open Government report.
(b)
120.
Anti-protest laws
The Commission notes that Tasmania has introduced anti-protest laws in
order to protect business interests,141 and that Queensland passed anti-protest
laws in connection with the G20 Summit.142 The Commission is concerned that
these laws impinge disproportionately on democratic rights and freedoms
including the freedoms of expression, association and peaceful assembly.
Recommendation 52: That Australian parliaments ensure that all laws
that regulate protest activity do not impinge disproportionately on
freedom of expression, freedom of association and freedom of peaceful
assembly.
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