Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 Attachment 1: Compilation of Recommendations Priority Areas In addition to the recommendations below, the Commission recommends that the Committee request an update from the Australian Government on progress in relation to the following priority areas in 12 months time under article 9(1) of CERD and rule 65 of the Rules of procedure: i. The collection of comprehensive data in relation to racial discrimination, cultural diversity, racially motivated crimes and multiculturalism generally (see Recommendation 18). ii. Consideration and implementation of relevant recommendations, once released, of the Northern Territory Royal Commission into Children in Detention (see Recommendation 22). iii. Training of police in cultural competency and anti-racism; compliance of police practices with international human rights law (including those rights enshrined in CERD and given expression in the Racial Discrimination Act 1975 (Cth)); and the response of the Queensland Government to Wotton v State of Queensland (No 5) [2016] FCA 1457 (see Recommendation 37). Human rights framework Recommendation 1: That the Australian Government ensure that concerns raised by the Parliamentary Joint Committee on Human Rights are fully considered in the legislative process. Recommendation 2: That the Australian Government ensure that all statements of compatibility are consistently of a high standard and are supported by evidence and analysis. Recommendation 3: That the Australian Government:  fully incorporate CERD into Australian law  ensure that federal laws do not undermine the protections in the Racial Discrimination Act 1975 (Cth), and  explore options to remove any potential for racially discriminatory laws to be passed under the Australian Constitution. The Commission notes that this is a separate issue to developing with Aboriginal and Torres Strait Islander peoples a model for their recognition in the Australian Constitution and negotiating in good faith with Aboriginal and Torres Strait Islander peoples about national representative mechanisms. Recommendation 4: That the Australian Government introduce formal mechanisms to consider and implement recommendations of treaty 39

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