Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
Inquiries into freedom of expression (CERD article 2 & 7)
181.
The Commission notes that a number of inquiries have been held into
particular aspects of freedom of expression:
the ALRC’s report, Traditional Rights and Freedoms — Encroachments by
Commonwealth Laws219
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,220 and
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.221
182.
The Commission refers to its submission to the PJCHR’s inquiry, and the
importance of both freedom of speech and freedom from racial vilification.222
183.
The Commission considers the inquiries to date to be narrowly tailored to
specific areas and that Australia would benefit form a broader inquiry into
freedom of expression in Australia. Such an inquiry should cover criminal
laws,223 secrecy laws,224 laws regarding participation in the democratic
process,225 media, broadcasting and communications laws and freedom of
information laws, while maintaining respect for the importance of
multiculturalism in Australian society.
Recommendation 41: That the Australian Government commission an
independent, broadly focused inquiry into freedom of expression in
Australia.
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184.
Immigration detention (CO 24)
The Commission notes the Committee’s interest in Australia’s mandatory
detention regime and treatment of refugees and asylum seekers, as
expressed in paragraph 24 of its concluding observations of 2010. The
Commission provides up-to-date information in this regard below.
Detainee numbers, nationalities and length of detention
185.
At 31 August 2017, there were 1,259 people in immigration detention facilities,
including 948 on mainland Australia and 311 on Christmas Island:
176 from New Zealand, 92 from Iran, 88 from Vietnam, 74 from Sri
Lanka, 63 from Malaysia, 61 from China, 56 from India, 50 from the
United Kingdom, 39 from Afghanistan and 560 of other nationalities.226
1,180 adult men, 78 adult women and one child.227
468 had been detained after having their visa cancelled on character
grounds, 332 were asylum seekers who had arrived by boat, 265 had
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