Drawing on the recommendations formulated through the Free and Equal project, the Commission will
continue to work with Parliament, government, and the community to embed more effective human rights
frameworks into our national processes.
Progress indicator 1.13
Commission recommendations to the United Nations Human Rights Council as part of Australia’s 3rd
Universal Periodic review are reflected in the Council recommendations to Australia.
Third Universal Periodic Review
Australia appeared before the Human Rights Council as part of the third cycle of the Universal Periodic
Review (UPR) in January 2021. This appearance was initially scheduled for November 2020; however, it was
postponed due to the COVID-19 pandemic.
The Commission, as Australia’s A-status National Human Rights Institution (NHRI), plays a distinct role in
the UPR process by providing an independent assessment of Australia’s human rights situation and the
steps taken by the Australian Government since the last appearance. As reported in the previous reporting
period, the Commission made its submission to the United Nations in July 2019. The submission describes
the status of human rights in Australia and makes 48 recommendations about ongoing challenges.
Following Australia’s appearance, the Commission assessed the impact of its recommendations in the
process through the extent to which it was reflected in the UPR report, finding that:
40 out of 48 recommendations were wholly or partially reflected in the country recommendations in the
UPR report, or 83% of the total Commission recommendations.
Some of the more strongly reflected recommendations include those focused on the immigration system
and treatment of asylum seekers, with related recommendations made by 44 countries; and the
recommendation that the minimum age of criminal responsibility be raised to at least 14 years, with the
same recommendation made by 31 countries.
This suggests that the Commission’s advocacy throughout the UPR process was effective, and that the
Commission’s concerns about Australia’s human rights compliance align closely with the concerns of the
international community.
Throughout this process, the Commission engaged with stakeholders across Parliament, government, and the
non-government sector. This includes providing input and feedback to the Australian Government on its report
to the UPR, engaging in discussions about potential ‘voluntary commitments’ that could be made through this
process, and coordinating with NGOs to maximise our collective impact through advocacy – including by
holding briefings in late 2020 on overarching UPR issues and subject-specific human rights concerns.
The Commission will continue to work towards securing tangible outcomes through engagement with
government and public advocacy on the UPR recommendations.
Annual Report 2020–2021
Australian Human Rights Commission
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