Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
(c)
121.
Freedom to advocate
The Commission is concerned that the Government’s National Partnership
Agreement on Legal Assistance Services could have the effect of prohibiting
or deterring advocacy by community organisations.143 The Commission is also
concerned by proposals that could reduce the capacity of civil society
organisations to engage in debate on important issues of public interest,
including at the time of elections.144
Recommendation 53: That the Australian Government ensure that
funding agreements, laws and policies do not unreasonably and
disproportionately restrict civil society organisations from engaging in
law reform, policy or advocacy work on issues of public interest.
(d)
122.
123.
Inquiries
The Commission notes:
the ALRC’s report, Traditional Rights and Freedoms — Encroachments
by Commonwealth Laws.145
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.146
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.147
The Commission considers that a broad inquiry into the protection of freedom
of expression in Australia is warranted, covering criminal laws,148 secrecy
laws,149 laws regarding participation in the democratic process,150 media,
broadcasting and communications laws and freedom of information laws.
Recommendation 54: That the Australian Government commission an
independent, broadly focused inquiry into freedom of expression in
Australia.
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Racial discrimination (ICCPR articles 20 & 26; LOI 21)
124. The Commission is concerned that racial discrimination continues to affect
migrants and Australia-born people of many cultural backgrounds.
125. The Special Rapporteur on the rights of indigenous peoples has described the
prevalence of racism against Aboriginal and Torres Strait Islander people as
‘deeply disturbing’.151
126. Among migrants, those from African countries, including Ethiopia, Kenya,
Zimbabwe and South Sudan, have reported particularly high levels of
discrimination and racial profiling.152 A national survey found strong negative
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