Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 160 See also the recommendations on native title by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people: Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people Addendum: Situation of Indigenous Peoples in Australia , UN Doc A/HRC/15 (2010). At http://www2.ohchr.org/english/issues/indigenous/rapporteur/countryreports.htm (viewed 18 May 2010). 161 Similar recommendations were also made for supporting homelands by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Addendum: Situation of Indigenous Peoples in Australia (2010), UN Doc A/HRC/15. At http://www2.ohchr.org/english/issues/indigenous/rapporteur/countryreports.htm (viewed 18 May 2010)). 162 The first phase of the World Programme focuses on primary and secondary level schooling. 163 A submission to the Commission for the UPR notes that “the Australian Government refuses to independently investigate the torture and ill treatment of both David Hicks and Mamdouh Habib whilst rendered and illegally detained in Guantanamo Bay. David Hicks is still living under a suspended sentence due to an unlawful conviction (the charges were retrospective and not even legitimate war crimes, not to mention the plea was signed under duress). David Hicks was placed on a gag order and provisions that are outlined in the plea agreement interfere directly with his freedom of expression. He was placed on a control order which severely impinged on his human rights (freedom of expression, movement, association etc).” It urges that “the Australian Government undertake an independent, thorough and binding investigation into the allegations of torture and ill treatment made by the Australians rendered and illegally detained at Guantanamo Bay, the Government’s involvement in the treatment, and the subsequent legality of the conviction of David Hicks and their involvement in the process.” 164 Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (2002) (OPCAT). At http://www2.ohchr.org/english/law/cat-one.htm (viewed 4 May 2010). The Australian Government has signed OPCAT, but has not yet ratified it. 165 See A last resort, note 132. 166 See Australian Human Rights Commission, 2009 Immigration detention and offshore processing on Christmas Island, note 122, section 3; Australian Human Rights Commission, 2008 Immigration detention report, note 114, section 13. 63