Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
14.
The Commission has undertaken a range of work that relates to the CAT, as
set out in the following table.
Australian Human Rights Commission – recent key work that engages the
rights contained in the CAT
•
National Inquiry into Children in Immigration Detention: In February 2014,
the Commission commenced a national inquiry into the impact of immigration
detention on the health, well-being and d development of children, and
whether laws, policies and practices relating to children in immigration
detention meet Australia’s international human rights obligations.6 The inquiry
has involved detention centre visits, interviews with families and children in
detention, submissions and the conduct of five public hearings. The report of
the inquiry will be transmitted to the Government in late October 2014.
•
Investigation and reporting on complaints under Art.7 and 10 of the
ICCPR and Art.37 of CRC: Complaints can be lodged with the Commission
alleging that an act or practice of the Commonwealth breaches a person’s
human rights under the ICCPR and CRC. The Commission investigates these
complaints and attempts to conciliate them. If no outcome is agreed, then the
Commission formally reports to Parliament on human rights breaches and
proposed remedies. Nine such reports have been tabled in Parliament since
2008.
•
Parliamentary scrutiny: The Commission considers the compliance of all
new legislation with Australia’s human rights obligations, and engages with the
Parliamentary Joint Committee on Human Rights (PJCHR) and other
parliamentary committees by making submissions. This includes regular
submissions on matters related to immigration detention and counterterrorism.
•
Immigration detention centre inspections: For the past decade the
Commission has conducted formal inspections of the condition of immigration
detention centres and publicly reported the outcomes of these visits.7
•
Human rights standards for immigration detention: In April 2013 the
Commission published a guide to human rights standards in immigration
detention. The purpose of these Standards is to assist independent monitors,
in their inspection roles. The Standards should also assist in providing a
framework for the monitoring and inspections that will be undertaken when
Australia becomes party to the OPCAT.8
•
Monitoring of human rights of Aboriginal and Torres Strait Islander
peoples and children: The Commission is required by statute to prepare two
annual reports to the federal Parliament which examine the enjoyment of
human rights of Aboriginal and Torres Strait Islander peoples (the Social
Justice Report)9 and the rights of children (Children’s Rights Report)10. These
reports consider matters raised in the LOIPR – such as Indigenous
incarceration, justice reinvestment, constitutional recognition, and the OPCAT.
5