Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 4 Domestic implementation of human rights obligations LOIPR: para 1 – definition of torture in domestic legislation; paras 2 and 4 – domestic implementation of human rights obligations and parliamentary scrutiny; paras 47-49 – developments since previous periodic report; para 3 – constitutional recognition of indigenous peoples Relevant provisions of the CAT: Articles 1 and 4 Key issues: • Australia has limited legislative protection of human rights at the federal level. • A comprehensive national consultation process in 2009 recommended a federal Human Rights Act be introduced. The Australian Government rejected this recommendation and instead introduced the Australian Human Rights Framework in April 2010. • This provided a modest range of measures to improve protection of human rights including a new National Action Plan (NAP) on Human Rights, new parliamentary scrutiny processes (see further below), human rights education activities, as well as the review of all laws and policies for compliance with human rights. • Many of the commitments made in this Framework have not been implemented. • The Commission commends the government for the passage of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) which has introduced broad parliamentary scrutiny processes relating to the seven major human rights treaties to which Australia is a party, including the CAT. Most notably, 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 Human Rights Framework is due to be reviewed in 2014 – it is not known whether this review will occur and what will be put in place once the Human Rights Framework expires at the end of 2014. • Numerous positive steps have been taken towards achieving recognition of Aboriginal and Torres Strait Islander people in Australia’s Constitution. Recommended action: 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. 9