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. 11 184. 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 35

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