Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
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Introduction
1.
This submission is made by the Australian Human Rights Commission. The
Commission is an ‘A status’ national human rights institution established and
operating in full compliance with the Paris Principles.
2.
The Commission has a statutory power to promote and protect human rights
under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act).
The AHRC Act defines human rights as the international instruments
scheduled to or declared under the AHRC Act, which includes the
International Convention on the Elimination of All Forms of Racial
Discrimination (CERD). The Commission’s work relating in this area is led by
Dr Tim Soutphommasane, Australia’s Race Discrimination Commissioner.
3.
The Racial Discrimination Act 1975 (Cth) (RDA) gives effect to Australia’s
international human rights commitments, including CERD, and promotes
equality between people of different backgrounds. The RDA protects people
across Australia from unfair treatment on the basis of their race, colour,
descent, or national or ethnic origin in different areas of public life. It also
makes racial vilification unlawful.
4.
The Commission has the power under the AHRC Act to investigate and
conciliate complaints made under the RDA by people who experience direct or
indirect discrimination. Further information about the Commission can be
found at www.humanrights.gov.au.
5.
The Commission thanks the United Nations Committee on the Elimination of
Racial Discrimination (the Committee) for the opportunity to provide a written
contribution prior to its consideration of Australia’s 18th to 20th periodic report
under CERD. The Commission looks forward to further engaging with the
Committee.
6.
The Commission recognises the steps taken by the Australian Government to
improve Australia’s human rights situation following the Committee’s
concluding observations in respect of Australia’s 15th to 17th periodic report.
The primary purpose of this submission is to identify issues of concern to
assist the Committee with its assessment of Australia’s 18th to 20th periodic
report at the Committee’s 94th session in Geneva.
7.
This submission provides information concerning racial discrimination
experienced by key population groups in Australia and other thematic issues
relating to racial discrimination. In relation to each section, the Commission
has, where appropriate, referred to the relevant articles of CERD engaged and
the relevant paragraph of the Committee’s concluding observations of
13 September 2010 on Australia’s 15th to 17th periodic report.
8.
This submission is based on work that has been undertaken by the
Commission in accordance with its mandate and functions, or otherwise on
publicly available information. The Commission has brought the issues raised
in this submission to the attention of the Australian Government.
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