Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 29. Since its establishment the PJCHR has produced 31 reports to Parliament analysing hundreds of bills and legislative instruments and highlighting those bills which it considered raised human rights concerns.14 Through these reports (and also through the provision of two Practice Notes)15 the PJCHR has provided clear guidance to government departments on their expectations about the level of human rights analysis statements of compatibility should contain. This has resulted in noticeable improvements in the quality of statements of compatibility and hence, in the consideration of human rights impacts of new measures. 30. While the Commission welcomed the measures included in the Human Rights Framework, it also indicated that these measures alone were not sufficient to address the weaknesses in Australia’s system of human rights protection. 31. Disappointingly, many of the measures committed to in the Australian Human Rights Framework have not occurred or have dissipated. For example: 32. 33. • Grants for human rights education activities were discontinued after the first round of funding • A proposed review of the compatibility of all existing legislation with human rights was not completed, nor any results published • Limited action has occurred to implement commitments made in Australia’s first Universal Periodic Review, which were also included in Australia’s third NAP on Human Rights from 2012. Implementation of the NAP to date has been slow and many of the actions included will not be achieved within the agreed timeframe. • No review of the Human Rights Framework has been conducted despite the commitment to complete this in 2014. Since Australia’s previous appearance before the CAT Committee, numerous steps have been taken towards achieving recognition of Aboriginal and Torres Strait Islander people in Australia’s Constitution: • An independent Expert Panel recommended a model for recognition to the Government in 2012 • In February 2013 the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth) was passed – this acknowledges that Aboriginal and Torres Strait Islander people are the first inhabitants of this nation and identifies a broad timeframe for the holding of the referendum to recognise this, and provide other protection, in the Constitution. • Funding has been provided to Reconciliation Australia for the Recognise campaign to build community support. The Commission commends the government for these developments. However, the Commission is concerned that the Government has not finalised a model for constitutional change nor announced a timeframe for a referendum to occur. 11

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