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1 Introduction

  1. This UPR Progress Report operates as a statement of key human rights concerns and developments in Australia in 2013. The report is the third in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review (UPR) at the United Nations (UN) Human Rights Council in October 2015. Each report identifies important milestones as well as challenges that remain for the protection of human rights in Australia. The report is lodged with the Human Rights Council annually to provide further accountability for Australia’s progress under the UPR.
  2. This report has been prepared by the Australian Human Rights Commission on behalf of the Australian Council of Human Rights Authorities (ACHRA), a body that brings together all Commonwealth, State and Territory anti-discrimination and human rights bodies.

What is the Universal Periodic Review?

  1. The UPR is a process undertaken by the Human Rights Council. It involves a review of the human rights records of all 192 UN Member States once every four years. The UPR is different from other international human rights scrutiny processes in that it is a peer review process with recommendations being made by other Governments around the world rather than by independent experts.
  2. The UPR provides two major opportunities for Australia:
    • It enables the Australian community and Government to take stock of how well we are protecting the human rights of all people in Australia.
    • It forms the basis of a dialogue with the international community on the human rights situation in Australia and the specific actions that the Australian Government will take to improve the enjoyment of human rights in Australia.
  3. Australia appeared before the Human Rights Council in 2011. 52 countries asked questions about Australia’s human rights record and made 145 recommendations. The Australian Government accepted in full or in part over 90 per cent of these and also made a number of voluntary commitments to actions.
  4. In June 2013 the Australian Government updated the Human Rights Council on its progress in implementing accepted recommendations prior to its next UPR appearance.[1] Australia will appear before the Human Rights Council for its second review in October-November 2015. This will involve an appraisal of implementation of existing commitments together with any additional issues which other countries participating in the process decide to raise.

 

  1. Over the last 12 months there have been significant developments in a number of areas. ACHRA welcomes the following achievements:
    • the launch of the National Action Plan on Human Rights
    • the commencement of the National Disability Insurance Scheme
    • the appointment of the first National Children’s Commissioner.
  2. Despite these positive developments, in other areas progress is lagging and much work needs to be done. The ongoing use of mandatory immigration detention and the transfer of asylum seekers to third countries for processing remains one of Australia’s biggest human rights challenges. ACHRA remains concerned at the slow progress towards ratifying the Optional Protocol on the Convention against Torture (OPCAT), as well as lack of progress in advancing commitments made in the UPR process to review reservations to treaties.
  3. This report is organised in accordance with the thematic groupings and headings that are used in the UPR reporting process.
[1] Australian Permanent Mission and Consulate-General Geneva, ‘Submission of Australia’s National Human Rights Action Plan 2012 constituting Australia’s Universal Periodic Review mid-term report’ (Media Release, 10 June 2013). At http://www.geneva.mission.gov.au/gene/statement477.html (viewed 31 October 2013).