Australian Human Rights Commission
Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017
80.
The Commission is concerned that refugees affected by these restrictions are
likely to face significant challenges in maintaining an adequate standard of
living and achieving positive mental health and settlement outcomes.
81.
Recommendation: That the Australian Government review the temporary
protection arrangements with the view to ending this policy. In the
alternative, end the policy that restricts access to services and
entitlements on the basis of a person’s mode of arrival in Australia.
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Trafficking (ICESCR Article 10; LOI 5)
82.
The Commission commends the Australian Government for criminalising
trafficking and slavery offences, including forced labour and forced marriage
and for developing a National Action Plan to Combat Human Trafficking and
Slavery 2015-2019.
83.
The Commission also welcomes other Australian Government initiatives such
as the reforms to the Human Trafficking Visa Framework (2015),58 and
Australia’s International Strategy to Combat Human Trafficking and Slavery
(2016).
84.
The Special Rapporteur on trafficking in persons recommended the Australian
Government establish a federal level, comprehensive compensation scheme
for survivors of trafficking.59 The Commission encourages the Australian
Government to develop such a scheme.60
85.
There continues to be a lack of data and research on the prevalence of child
trafficking and slavery in Australia. The Commission considers that specific
policy guidelines and support services need to be developed to protect the
rights of child survivors of trafficking and slavery.61
86.
The Commission notes that the Australian Government is undertaking a
national consultation on the implementation of the UN Guiding Principles on
Business and Human Rights (UNGP).62 The Commission considers that the
subsequent National Action Plan on Business and Human Rights should have
clear links with the National Action Plan to Combat Human Trafficking and
Slavery 2015-2019. There should also be clear measures to address
trafficking and slavery related human rights violations in supply chains.63
87.
The Commission further notes the current inquiry into the Commonwealth
procurement framework. The Commission has recommended that the
Commonwealth Procurement Rules be assessed against and aligned with the
UNGP requirements.
88.
The Commission further notes the recent inquiry and report of the House of
Representatives Standing Committee on Social Policy and Legal Affairs into
the regulatory and legislative aspects of international and domestic surrogacy
arrangements Surrogacy Matters.64 The Commission submission considered
that unregulated surrogacy arrangements raise real concerns about the
potential for the trafficking of women and children.65
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