Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
Recommendation 32: That the Australian Government consider how
Australian law could better reflect international human rights law relating
to religious belief and observance.
Recommendation 33: That the Australian Government maintain a
migration policy and program that does not discriminate against visa
applicants on the basis of their race, colour, descent, religion or national
or ethnic origin.
Recommendation 34: That the Australian Government continue to fund
and support initiatives to address racism and racial discrimination as a
complementary measure to settlement services.
Recommendation 35: That the Australian Government revise policies
that discriminate against refugees and asylum seekers on the basis of
their mode of arrival.
Recommendation 36: That the Australian Government put in place
transparent decision-making and external review processes to ensure
the exercise of discretionary power in s 501 of the Migration Act
complies with international human rights law (including CERD).
Police Practices
Recommendation 37: That:
all Australian governments ensure police are trained in cultural
competency and anti-racism
all Australian governments implement independent review
mechanisms to monitor compliance of police practices with
international human rights law (including CERD and the Racial
Discrimination Act 1975 (Cth)), and
the Queensland Government respond appropriately to the Federal
Court of Australia’s decision in Wotton v State of Queensland (No
5) [2016] FCA 1457.
The Commission considers these issues to be of such importance that
the Committee should request an update from the Australian
Government on progress in 12 months time.
Counterterrorism
Recommendation 38: That the Australian Government ensures that
counterterrorism measures do not unnecessarily limit human rights
(including rights enshrined in CERD) and considers the concerns raised
by the Independent National Security Legislation Monitor in that process.
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