Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
attitudes towards immigrants from Middle Eastern countries compared to
immigrants from elsewhere.153
127. A Foundation of Young Australians report found that over 80% of non-Anglo
Australian background children indicated they had been subjected to some
form of racism.154 Young people from such backgrounds, particularly those of
African descent, report concerns about encountering racism from public
institutions, including police.155
128. The Commission refers to the recommendations made in its submission to the
PJCHR inquiry into Part IIA of the RDA.156 The Commission also refers to its
National Anti-Racism Strategy, which incorporates the Racism. It Stops with
Me campaign.157
Recommendation 55: That the Australian Government continue to fund
and support initiatives to address racism and racial discrimination.
Recommendation 56: That the Australian Government recognise the
importance of maintaining effective legal protections against racial
discrimination in setting a standard for public conduct in a multicultural
society.
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Counter-terrorism
129.
The Commission recognises the vital importance of ensuring that intelligence
and law enforcement agencies have appropriate powers to protect Australia’s
national security and to protect the community from terrorism. Indeed, such
steps are consistent with Australia’s obligation to protect the right to life of
persons within Australia’s jurisdiction, enshrined in article 6 of the ICCPR.
130.
The Commission also recognises that human rights law accepts, subject to
certain conditions, that the exercise of those powers might impinge to some
extent on individual rights and freedoms. However, any such limitation on
human rights must be clearly expressed, unambiguous in its terms, and
necessary and proportionate in how it responds to potential harm.
Independent National Security Legislation Monitor (ICCPR
article 2; LOI 7)
131.
The Commission notes the role of the Independent National Security
Legislation Monitor (INSLM).158 The INSLM reviews the operation,
effectiveness and implications of Australia’s counter-terrorism and national
security legislation on an ongoing basis. In performing that function, the
INSLM has regard to Australia’s international human rights obligations.159
132.
The Commission is concerned that the Government has passed counterterrorism measures despite concerns raised by the INSLM. This has occurred
in relation to the control order160 and preventative detention order161 regimes.
These provisions are currently the subject of further review by the INSLM and
a parliamentary joint committee.162
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