1. Introduction: Towards a revitalised Human Rights Framework for Australia A National Human Rights Framework ‘brings rights home’ and places accountability for their protection within our domestic borders – in our Parliament, Government and community. This report makes recommendations to ensure robust mechanisms exist for the implementation of our international obligations, including processes for the Government to set implementation priorities and to be held to account for progress in achieving the realisation of human rights. (c) Ensuring effective governance for human rights protection The Commission’s proposed National Human Rights Framework adopts a dialogue model, between the 3 branches of government (the Parliament, the Executive and the Courts). Each has a role to play in protecting human rights for the benefit of all people in Australia. The national framework proposes that the respective roles of the different branches of government are clearly articulated so that, as citizens and members of the community, we can hold government to account for its actions. This will ensure transparency and accountability. The national framework also sets out in broad terms how we all have a role in protecting human rights in Australia – as businesses, as civil society organisations, as a Human Rights Commission, and as members of the community. It provides a governance framework for the protection of human rights in Australia. This is necessary because: • There is no one measure that can fully protect human rights in Australia – we need multiple actions undertaken by multiple actors. It is a complex undertaking, and key actions can fall off the agenda if it is not clear who is responsible for the action and without clarity on what is trying to be achieved. • Without naming key priority actions for the country, and without capacity to monitor progress, it is difficult to make progress to realise human rights. Commitments to action do not always result in better outcomes. If we do not expressly name and commit to actions to protect human rights, how can we hold government to account for progress? It is harder to reach the end of your journey if you don’t know the destination. • Time and again, we have seen our systems for protecting human rights in Australia lose their way. As in the first Position Paper Free & Equal: a reform agenda for federal discrimination laws (2021), the Commission noted, those laws have languished for a generation without considered thought as to their effectiveness and broader purpose. As we approach the 50th anniversary of the first of the federal discrimination laws, the Racial Discrimination Act 1975 (Cth), we reflect on how these laws are not fit for purpose for 21st century Australia. This reflects the lack of an effective governance framework for human rights at the national level. There are multiple examples in this report of how the current approach to human rights promotion and protection is not systematic or planned. Commitments are regularly made in international fora to undertake actions that then are never implemented or have fallen away. As an example (and set out later in this report), Australia entered into a declaration to Article 4(a) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) when it ratified that treaty in 1975. The declaration stated that the government would legislate to ensure compliance with the relevant provision ‘at the first suitable moment’. This continues to remain in place 48 years later. A National Human Rights Framework would ensure that we have the right governance in place to more effectively protect human rights, with tangible benefits for all in our community. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 19