Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 attitudes towards immigrants from Middle Eastern countries compared to immigrants from elsewhere.153 127. A Foundation of Young Australians report found that over 80% of non-Anglo Australian background children indicated they had been subjected to some form of racism.154 Young people from such backgrounds, particularly those of African descent, report concerns about encountering racism from public institutions, including police.155 128. The Commission refers to the recommendations made in its submission to the PJCHR inquiry into Part IIA of the RDA.156 The Commission also refers to its National Anti-Racism Strategy, which incorporates the Racism. It Stops with Me campaign.157 Recommendation 55: That the Australian Government continue to fund and support initiatives to address racism and racial discrimination. Recommendation 56: That the Australian Government recognise the importance of maintaining effective legal protections against racial discrimination in setting a standard for public conduct in a multicultural society. 14 Counter-terrorism 129. The Commission recognises the vital importance of ensuring that intelligence and law enforcement agencies have appropriate powers to protect Australia’s national security and to protect the community from terrorism. Indeed, such steps are consistent with Australia’s obligation to protect the right to life of persons within Australia’s jurisdiction, enshrined in article 6 of the ICCPR. 130. The Commission also recognises that human rights law accepts, subject to certain conditions, that the exercise of those powers might impinge to some extent on individual rights and freedoms. However, any such limitation on human rights must be clearly expressed, unambiguous in its terms, and necessary and proportionate in how it responds to potential harm. Independent National Security Legislation Monitor (ICCPR article 2; LOI 7) 131. The Commission notes the role of the Independent National Security Legislation Monitor (INSLM).158 The INSLM reviews the operation, effectiveness and implications of Australia’s counter-terrorism and national security legislation on an ongoing basis. In performing that function, the INSLM has regard to Australia’s international human rights obligations.159 132. The Commission is concerned that the Government has passed counterterrorism measures despite concerns raised by the INSLM. This has occurred in relation to the control order160 and preventative detention order161 regimes. These provisions are currently the subject of further review by the INSLM and a parliamentary joint committee.162 28

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