Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 Attachment 1 – compilation of recommended actions • Statutory powers of the Australian Human Rights Commission Positive developments: The Commission conducts a wide variety of activities that relate to the implementation of the CAT. Recommended action: That the Government schedule the CAT to the AHRC Act. • Independent monitoring and inspection mechanisms, including ratification of the OPCAT Positive developments: The Joint Standing Committee on Treaties of the Australian Parliament has recommended ratification of the OPCAT. Recommended action: That the Government ratify the OPCAT as a priority, including by enacting legislation to authorise visits of the SPT as a first step. • Domestic implementation of human rights obligations Positive developments: The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) provides broad parliamentary scrutiny processes relating to the seven major human rights treaties to which Australia is a party, including the CAT. This includes the creation of the PJCHR and the requirement that all new legislation and legislative instruments be accompanied by a Statement of Compatibility. The PJCHR has released several reports identifying issues of potential non-compliance with the CAT, which ensures that this issue is before the federal Parliament when decisions on legislation are made. Numerous positive steps have been taken towards achieving recognition of Aboriginal and Torres Strait Islander peoples in Australia’s Constitution Recommended actions: That the government ensure domestic implementation of Australia’s international human rights obligations in law, policy and practice. Further, that the government clarify the status of the Australian Human Rights Framework and measures to be put in place from 2015. That the Government move expeditiously to finalise a model for constitutional recognition of Aboriginal and Torres Strait Islander peoples, and announce a referendum date. • Criminal justice system and conditions in prisons Positive developments: The Closing the Gap targets provide national leadership in addressing the socio-economic disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Some states in Australia have commenced the development of Disability Justice Strategies. Recommended actions: That Australian governments: 53