Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 (c) 121. Freedom to advocate The Commission is concerned that the Government’s National Partnership Agreement on Legal Assistance Services could have the effect of prohibiting or deterring advocacy by community organisations.143 The Commission is also concerned by proposals that could reduce the capacity of civil society organisations to engage in debate on important issues of public interest, including at the time of elections.144 Recommendation 53: That the Australian Government ensure that funding agreements, laws and policies do not unreasonably and disproportionately restrict civil society organisations from engaging in law reform, policy or advocacy work on issues of public interest. (d) 122. 123. Inquiries The Commission notes:  the ALRC’s report, Traditional Rights and Freedoms — Encroachments by Commonwealth Laws.145  the PJCHR’s report in relation to whether the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) (RDA) imposes unreasonable restrictions upon freedom of speech.146  the current Senate inquiry into laws of contempt in Australia, which will consider how competing principles, including freedom of speech, are balanced in contempt laws.147 The Commission considers that a broad inquiry into the protection of freedom of expression in Australia is warranted, covering criminal laws,148 secrecy laws,149 laws regarding participation in the democratic process,150 media, broadcasting and communications laws and freedom of information laws. Recommendation 54: That the Australian Government commission an independent, broadly focused inquiry into freedom of expression in Australia. 13 Racial discrimination (ICCPR articles 20 & 26; LOI 21) 124. The Commission is concerned that racial discrimination continues to affect migrants and Australia-born people of many cultural backgrounds. 125. The Special Rapporteur on the rights of indigenous peoples has described the prevalence of racism against Aboriginal and Torres Strait Islander people as ‘deeply disturbing’.151 126. Among migrants, those from African countries, including Ethiopia, Kenya, Zimbabwe and South Sudan, have reported particularly high levels of discrimination and racial profiling.152 A national survey found strong negative 27

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