Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Recommendation 1: That the Australian Government ensure that concerns raised by the Parliamentary Joint Committee on Human Rights are fully considered in the legislative process. Recommendation 2: That the Australian Government ensure that all statements of compatibility are consistently of a high standard and are supported by evidence and analysis. Domestic incorporation (ICCPR article 2; LOI 4) 15. Australia has passed legislation in areas such as discrimination, privacy and freedom of information, which incorporate some important elements of the ICCPR into domestic law. However, there remain many rights in the ICCPR that have not been domestically incorporated in accordance with article 2(2). 16. The Commission notes that the Australian Law Reform Commission (ALRC) has made a number of suggestions to improve the mechanisms and processes for the scrutiny of laws for compatibility with rights and freedoms (including the PJCHR).8 17. The scrutiny provided for by the PJCHR, while a welcome extension of existing parliamentary rights review mechanisms, is not a substitute for full incorporation of the ICCPR into domestic law through mechanisms such as a national human rights Act. 18. The Commission notes that Victoria and the Australian Capital Territory each have a general human rights statute,9 and other states are also considering similar legislation.10 The Commission is concerned that, absent comprehensive human rights law, there are gaps and inconsistencies in the protection of human rights in Australia. 19. The Commission commends the Government’s establishment of a Standing National Human Rights Mechanism to strengthen its engagement with human rights reporting. This is an opportunity to improve the timeliness of Australia’s responses to UN treaty body communications. Recommendation 3: That the Australian Government further incorporate the ICCPR into Australian legislation. Human rights education (ICCPR article 2; LOI 2) 20. The Commission commends the inclusion of some references to human rights in the national school curriculum, although considers that this remains too limited. Human rights education for public servants remains limited, especially for those officials in the administration of justice and with legislative responsibilities to develop statements of compatibility with human rights for new legislation. 21. The Commission also notes that Australia’s activities for the World Program for Human Rights Education are ad hoc and uncoordinated. 7