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