Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Recommendation 4: That the Australian Government support human
rights education for all areas of the public sector, particularly in the
administration of justice and places of detention, including targeted
initiatives for public officials; and incorporate more comprehensive
human rights education (including ICCPR rights) in the national school
curriculum.
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22.
Prevention of torture (ICCPR articles 7 & 10; LOI 17)
The Commission remains concerned by the gaps in independent monitoring of
places of detention in Australia. We commend the Government’s commitment
to ratify OPCAT by December 2017.11
Recommendation 5: That the Australian Government fulfil its
commitment to ratify OPCAT by December 2017, in accordance with its
timetable, and commence its progressive implementation immediately
thereafter. The Commission considers this issue to be of such
importance that the Committee should request an update from the
Australian Government on progress in 12 months time.
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Aboriginal and Torres Strait Islander peoples
UN Declaration on the Rights of Indigenous Peoples (ICCPR
article 2; LOI 2)
23.
The Commission considers that more robust consideration and
implementation of the Declaration would enhance the ability of Aboriginal and
Torres Strait Islander peoples to realise their civil and political rights.
24.
The Special Rapporteur on the rights of indigenous peoples has called for the
Declaration to be specifically included in the definition of human rights in the
Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).12
Recommendation 6: That the Australian Government, in partnership with
Aboriginal and Torres Strait Islander peoples, develop a National
Strategy to give effect to the UN Declaration on the Rights of Indigenous
Peoples.
Further, that the Declaration be included in the definition of ‘human
rights’ in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) to
ensure that new legislation is regularly assessed for conformity with the
Declaration.
Justice system (ICCPR articles 2, 7, 9, 10 & 13; LOI 13, 17 &
18)
25.
The Commission is extremely concerned that Aboriginal and Torres Strait
Islander people are significantly overrepresented in Australia’s prison
population,13 especially those with mental health disorders or cognitive
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