Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
Attachment 1: Compilation of Recommendations
Priority Areas
In addition to the recommendations below, the Commission recommends
that the Committee request an update from the Australian Government on
progress in relation to the following priority areas in 12 months time under
article 9(1) of CERD and rule 65 of the Rules of procedure:
i.
The collection of comprehensive data in relation to racial
discrimination, cultural diversity, racially motivated crimes and
multiculturalism generally (see Recommendation 18).
ii.
Consideration and implementation of relevant recommendations,
once released, of the Northern Territory Royal Commission into
Children in Detention (see Recommendation 22).
iii.
Training of police in cultural competency and anti-racism;
compliance of police practices with international human rights law
(including those rights enshrined in CERD and given expression in
the Racial Discrimination Act 1975 (Cth)); and the response of the
Queensland Government to Wotton v State of Queensland (No 5)
[2016] FCA 1457 (see Recommendation 37).
Human rights framework
Recommendation 1: That the Australian Government ensure that
concerns raised by the Parliamentary Joint Committee on Human Rights
are fully considered in the legislative process.
Recommendation 2: That the Australian Government ensure that all
statements of compatibility are consistently of a high standard and are
supported by evidence and analysis.
Recommendation 3: That the Australian Government:
fully incorporate CERD into Australian law
ensure that federal laws do not undermine the protections in the
Racial Discrimination Act 1975 (Cth), and
explore options to remove any potential for racially discriminatory
laws to be passed under the Australian Constitution. The
Commission notes that this is a separate issue to developing with
Aboriginal and Torres Strait Islander peoples a model for their
recognition in the Australian Constitution and negotiating in good
faith with Aboriginal and Torres Strait Islander peoples about
national representative mechanisms.
Recommendation 4: That the Australian Government introduce formal
mechanisms to consider and implement recommendations of treaty
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