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. 4 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. 5 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 8

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