1 Introduction Australian Human Rights Commission Report title October 2022 1. This submission is made by the Australian Human Rights Commission (Commission). The Commission is an ‘A status’ national human rights institution, operating in conformity with the Paris Principles.1 This submission is based on work that has been undertaken by the Commission in accordance with our mandate and functions. 2. The Commission is a federal body that has oversight over federal issues. However, it is important to note that the Federal Government has a significant leadership role and specific responsibilities with respect to ensuring human rights standards are met nationally. Therefore many of the concerns raised in relation to states and territories are also pertinent to the Federal Government and its duties. 1.1 Priority areas 3. The matters addressed in this submission are all of importance to Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).2 However, the Commission wishes to draw the Committee’s attention to four areas of critical importance: • The length of time that people are held in immigration detention, discussed in section 4.2 of this submission. • The need to ensure compliance with obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)3 by the 20 January 2023 extended deadline, discussed in section 3. • Non-fulfilment of the principle of non-refoulement, discussed in section 4.1. • Cruel treatment of children and young people in youth justice centres, discussed in section 5.2. 4. The Commission recommends that the Committee request an update from the Australian Government on progress in the three priority areas in 12 months’ time. 3

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