Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 16. The functions of the Aboriginal and Torres Strait Islander Social Justice Commissioner, as set out in section 46C of the AHRC Act, require the Commissioner to report annually to the federal Parliament on the status and enjoyment of human rights of Indigenous peoples; to promote awareness and discussion of Indigenous human rights; examine enactments and proposed enactments for compliance with Indigenous human rights; and conduct educational activities. In exercising those functions, the Commissioner is specifically required to have regard to ICESCR. The Commissioner is also empowered to obtain information from state and territory government agencies. 17. The functions of the National Children’s Commissioner, as set out in section 46MB of the AHRC Act, require the Commissioner to report annually to the federal Parliament on the enjoyment and exercise of human rights by children in Australia; to promote discussion and awareness of matters relating to the human rights of children in Australia; to undertake research, or educational and other programs, for the purpose of promoting respect for the human rights of children in Australia; to examine existing and proposed federal enactments for recognition and protection of the human rights of children in Australia. In exercising these functions, the Commissioner is specifically required to have regard to the ICESCR and the Convention on the Rights of the Child (CRC), other human rights treaties and declarations, and other human rights instruments the Commissioner considers relevant. 18. Issue for consideration in the LOI: Ensuring that the Commission is guided by a comprehensive definition of human rights, including by the ICESCR being a scheduled instrument. 4 Ratification of the Optional Protocol to the ICESCR and other treaties 19. Four UPR recommendations concerned ratification of the Optional Protocol to the ICESCR (OP-ICESCR). 20. The Australian Government noted these recommendations and indicated that ratification of the OP-ICESCR will not be considered further at this time. 21. Issue for consideration in the LOI: Information on when consideration will be given to the ratification of the OP-ICESCR. 22. Eleven UPR recommendations concerned ratification on the Convention on Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) 23. The Australian Government noted these recommendations and indicated that ratification of the ICRMW will not be considered further at this time. 24. Issue for consideration in the LOI: Information on when consideration will be given to the ratification of the ICRMW. 5