Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 116. The Commission notes that freedom of religion or belief is not directly protected under federal anti-discrimination law. The Commission considers that consideration should be given to how federal law could further incorporate international human rights law relating to religion, so as better to protect people from discrimination and other breaches of human rights on the basis of their religious belief and observance. 117. The Commission notes that a parliamentary inquiry is underway relating to the status of the right to freedom of religion in Australia.138 Recommendation 49: That the Australian Government consider how Australian law could further incorporate international human rights law relating to religious belief and observance. Freedom of expression (ICCPR article 19) (a) Secrecy laws 118. The Commission notes the ALRC’s 2009 report, Secrecy Laws and Open Government.139 119. The Commission is concerned about provisions in the Australian Border Force Act 2015 (Cth) that prohibit disclosure of any information obtained by a person in their official capacity (subject to some exceptions), including those working in immigration detention centres. The Commission welcomes the Australian Border Force Amendment (Protected Information) Bill 2017 (Cth), which would reduce the scope of these criminal secrecy provisions. The Commission has recommended that the Government pass this bill with certain amendments.140 Recommendation 50: That the Australian Parliament pass the Australian Border Force Amendment (Protected Information) Bill 2017 (Cth) with certain amendments, as previously recommended by the Commission. Recommendation 51: That the Australian Government amend other secrecy laws in accordance with the recommendations of the ALRC in its Secrecy Laws and Open Government report. (b) 120. Anti-protest laws The Commission notes that Tasmania has introduced anti-protest laws in order to protect business interests,141 and that Queensland passed anti-protest laws in connection with the G20 Summit.142 The Commission is concerned that these laws impinge disproportionately on democratic rights and freedoms including the freedoms of expression, association and peaceful assembly. Recommendation 52: That Australian parliaments ensure that all laws that regulate protest activity do not impinge disproportionately on freedom of expression, freedom of association and freedom of peaceful assembly. 26

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