Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
penalty, in the absence of a demonstrated compelling need, the ‘declared
area’ provisions may unjustifiably limit freedom of movement and the right to
family life.174
(e)
140.
Revocation of citizenship175
Recent amendments provide for the revocation of a dual national’s Australian
citizenship:
automatically, if they engage in certain kinds of conduct (mostly
terrorism-related); and
by Ministerial determination, if they are convicted of certain offences
(mostly terrorism-related).
141.
The Commission has expressed concern that these measures arbitrarily
impair the right of Australians to enter or remain in their own country, and
interfere with their family and family life.
142.
The Commission has also expressed concern that these amendments: apply
to children aged 10–14 years; are retrospective; do not entitle the person to
make submissions on the revocation of their citizenship; and lack a
requirement for a criminal conviction prior to revocation of citizenship for some
offences.176
(f)
143.
Other measures
The Commission has also expressed concern in relation to reforms seeking to:
limit journalists’ ability to report on terrorist-related issues; expand the powers
of security agencies to obtain information without warrant; introduce a
mandatory data retention scheme; expand monitoring powers; and increase
secrecy in certain terrorism-related court proceedings.177
Recommendation 58: That the Australian Government ensure that where
counter-terrorism laws limit human rights, the limitation is clearly
expressed, necessary for the pursuit of a legitimate purpose, reasonable
and proportionate. The Commission considers this issue to be of such
importance that the Committee should request an update from the
Australian Government on progress in 12 months time.
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Human trafficking and slavery (ICCPR article 7 & 8; LOI 16)
144.
The Commission commends the Government’s development of a National
Action Plan to Combat Human Trafficking and Slavery 2015–2019178 and
supporting initiatives.179 The Commission notes that adequate funding is
needed for the full implementation of the National Action Plan.
145.
The Commission welcomes the Interdepartmental Committee on Human
Trafficking and Slavery.180
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