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
150
United Nations Committee on the Elimination of Racial Discrimination, General Recommendation 30:
Discrimination Against Non Citizens, UN Doc 01/10/2004, (2004), para 9.
151
United Nations Committee on the Elimination of Racial Discrimination, Opinion of the Committee on the
Elimination of Racial Discrimination under article 14 of the International Convention on the Elimination of All
Forms of Racial Discrimination: Communication No. 31/2003 : Slovakia, UN Doc CERD/C/66/D/31/2003
(2005), para 10.4.
152
UN Committee on the Elimination of Racial Discrimination, General Recommendation 14: Definition of
Discrimination (Art. 1, par. 1), UN Doc 22/03/93 (1993).
153
The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous
people has made similar recommendations (Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people Addendum: The 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)).
154
This was also a recommendation made by Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people in his 2010 report on Australia (Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people, Addendum: The 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)).
155
This has also been recommended by: the Aboriginal and Torres Strait Islander Social Justice
Commissioner (Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice
Report 2008 (2008), ch 4; the Committee on Economic Social and Cultural Rights, (Committee on
Economic, Social and Cultural Rights, Consideration of Reports Submitted by States Parties Under
Articles 16 and 17 of the Covenant, Concluding Observations of the Committee on Economic, Social
and Cultural Rights: Australia, UN Doc. E/C.12/AUS/CO/4 (June 2009) at
http://www2.ohchr.org/english/bodies/cescr/cescrs42.htm (viewed 18 May 2010)); and 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, p 30 at
http://www2.ohchr.org/english/issues/indigenous/rapporteur/countryreports.htmv (viewed 18 May
2010)).
156
This was also a recommendation of the Committee on Economic Social and Cultural Rights,
(Committee on Economic, Social and Cultural Rights, Consideration of Reports Submitted by States
Parties Under Articles 16 and 17 of the Covenant, Concluding Observations of the Committee on
Economic, Social and Cultural Rights: Australia, UN Doc. E/C.12/AUS/CO/4 (June 2009). At
http://www2.ohchr.org/english/bodies/cescr/cescrs42.htm (viewed 18 May 2010)).
157
The Committee on Economic, Social and Cultural Rights has recommended the Australian
Government preserve and promote bilingual education at schools. Committee on Economic, Social
and Cultural Rights, Consideration of Reports Submitted by States Parties Under Articles 16 And 17
Of The Covenant, Concluding Observations of the Committee on Economic, Social and Cultural
Rights, Forty-second session Geneva, 4 to 22 May 2009, para 33. At
http://www2.ohchr.org/english/bodies/cescr/docs/AdvanceVersions/E-C12-AUS-CO-4.doc (viewed 12
June 2009). Similar recommendations were also made 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)) and the Permanent Forum on Indigenous Issues (Economic and Social Council, Permanent
Forum on Indigenous Issues 9th Session, Draft Report (2010), UN Doc E/C.19/2010/L.2)..
158
Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2009
(2009), ch 3. At http://www.hreoc.gov.au/social_justice/sj_report/sjreport09/chap3.html (viewed 18
May 2010).
159
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, para 74.
At http://www2.ohchr.org/english/issues/indigenous/rapporteur/countryreports.htm (viewed 18 May
2010).
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