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Consultation on exposure draft National Human Rights Action Plan

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Consultation on exposure draft National Human Rights Action Plan

Australian Human Rights Commission Submission to the Attorney-General's Department

6 March 2012

Table
of contents

1 Introduction

  1. The Australian Human Rights Commission makes this submission to the
    Attorney-General’s Department on the exposure draft of a new Human Rights
    National Action Plan which the Department has issued for comment.

  2. As has been previously indicated, the Commission strongly welcomes the
    initiative to develop a new Human Rights National Action Plan for Australia.

  3. In view of the opportunities for input which have been provided in earlier
    stages of this process the Commission proposes to make only brief comments in
    this submission. The Commission would be happy to continue discussions in more
    detail with the Department.

  4. In responding to the Background Paper released by the Department in December
    2010, the Commission[1] noted and
    welcomed:

    • recognition that an Action Plan should be action oriented - setting
      specific, measurable, achievable and realistic objectives and putting forward
      measures aimed at reaching these objectives;

    • recognition that an effective Action Plan should be truly national in
      character, rather than being an Action Plan for the Commonwealth Government
      alone;

    • the commitment to developing a baseline study building on available human
      rights indicators and the work undertaken during the National Human Rights
      Consultation and for the Universal Periodic Review process;

    • the commitment to a consultative approach throughout the process;

    • recognition of the importance of utilising the expertise of independent
      national human rights institutions in the process while maintaining clear
      ownership by government.
  5. The Commission also noted

    • issues of comprehensiveness: indicating that it would be appropriate
      for a new Action Plan for Australia to address the rights and obligations
      contained in the seven principal human rights treaties (ICCPR, ICESCR, CERD,
      CEDAW, CROC, CAT and DisCo) as well as addressing the Declaration on the Rights
      of Indigenous Peoples;

    • a need to identify priority actions: given that, as indicated in the
      Department’s website material, it is important that objectives in an
      Action Plan be achievable and realistic within a defined timeframe;

    • a need to avoid duplication: in that a National Human Rights Action
      Plan should complement and link existing national strategies rather than
      duplicating them.

  6. The Commission endorses the position stated in the exposure draft that a new
    National Human Rights Action Plan should demonstrate how Australia will turn
    commitments made in the Universal Periodic Review process into specific actions
    to improve and promote human rights.

  7. The Commission welcomes the proposal for work on improved data collection
    and analysis with the aim of improving measurement of progress on human rights
    in Australia.

  8. The Commission views effective measurement and reporting of outcomes against
    appropriately identified human rights indicators as a critical element in
    ensuring that a National Human Rights Action Plan

    • is as effective as possible in improving human rights outcomes for people in
      Australia; and

    • provides an effective and transparent basis for evaluation and reporting,
      including in the context of future appearances by Australia in the UPR process,
      and for ongoing review , improvement and further development in subsequent
      plans, rather than simply listing actions, as previous plans have been
      criticised for doing.

  9. The Commission considers, however, that prior to the proposed work being
    undertaken to enable improved measurement of outcomes against human rights
    indicators, it would be possible and desirable to increase the specificity of a
    number of the proposed actions stated in the exposure draft.

  10. In particular the Commission considers that it should be possible and would
    be appropriate (including in the interests of ensuring that monitoring and
    evaluation can be conducted effectively) to state more clearly

    • proposed or targeted timelines for more of the proposed actions; and

    • public consultation elements of proposed actions.

  11. The Commission also considers that while acknowledging the need to set
    priorities and ensure that actions are achievable within the life of the Action
    Plan, it should be possible and would be appropriate to include a number of
    additional actions to make the National Human Rights Action Plan more
    comprehensive.

  12. The Commission notes that there is significant State and Territory
    government responsibility for and activity on human rights issues within the
    scope of the National Human Rights Action Plan and that accordingly it is
    difficult for the Attorney-General’s Department to present a comprehensive
    plan pending further State and Territory input.

  13. The Commission submits however that in addition to the Commonwealth
    committing to actions in areas within its direct responsibility, the National
    Human Rights Action Plan should include commitments to take effective leadership
    roles, including through

    • agreed national strategies, national partnership agreements and related COAG
      processes; and

    • advancing human rights issues through ministerial councils, including
      promoting consideration by other jurisdictions of effective human rights
      initiatives taken in one or more States or Territories.

  14. The Commission submits that the National Human Rights Action Plan should
    also include commitment by the Commonwealth to promote human rights initiatives
    by local government, including through the Australian Council of Local
    Governments.

  15. Brief comments on the exposure draft are provided below by reference to
    these themes previously identified by the Commission and in the
    Department’s Background Paper.

  16. Issues in relation to legal protections against discrimination are addressed
    separately in the Commission’s submission on the consolidation of
    Commonwealth discrimination laws and are not addressed here. The Commission
    looks forward to further discussion of those issues in that
    context.

2 Proposed actions and
recommendations for additional elements

2.1 Australia’s
human rights commitments

(a) Human rights
education

  1. The Commission notes that in its UPR response the Australian Government
    accepted a range of recommendations regarding human rights
    education.[2] These recommendations
    reflect the point that, in addition to being a means of promoting human rights,
    human rights education is itself the subject of specific substantive human
    rights and attendant obligations, rather than being a matter of purely
    discretionary policy from time to
    time.[3]

  2. The Commission submits, therefore, that in addition to the references to
    human rights education in the exposure draft by reference to the Human Rights
    Framework (action #21), it would be appropriate to include reference to human
    rights education under the heading of Australia’s human rights
    commitments.

  3. The Commission would be happy to discuss with the Department in more detail
    possibilities for revising and updating proposed actions in this area, including
    with regard to:

    • progress in inclusion of human rights within the National Curriculum;

    • developments in the Commission’s community education role;

    • experience with the Department’s community education grants
      program;

    • inclusion of outcome indicators on the effectiveness of human rights
      education measures in addition to the activity measures presently stated in the
      exposure draft.
(b) Steps towards
ratification of OPCAT (action #2)

  1. The Commission welcomes the tabling on 28 February of a National Interest
    Analysis on ratification by Australia of the Optional Protocol to the Convention
    Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    (OPCAT).

  2. The Commission submits that it would be appropriate for the National Human
    Rights Action Plan to include a timeline for further steps towards ratification.

  3. The Commission also considers that the National Human Rights Action Plan
    should include an express commitment and timeline for establishment of a
    National Preventive Mechanism as required under OPCAT.
(c) Optional Protocol to
the International Covenant on Economic, Social and Cultural Rights

  1. The Commission considers that the Action Plan would appropriately include a
    commitment to seek views on Australia becoming bound by the Optional Protocol to
    the International Covenant on Economic, Social and Cultural Rights, which was
    adopted in 2008 and establishes an individual communications mechanism in
    relation to that Covenant comparable to mechanisms available in relation to
    other principal human rights instruments.

  2. Preferably such a commitment would include a timetable for

    • seeking views from States and Territories;

    • public consultation;

    • preparation of a National Interest Analysis and its submission to the Joint
      Standing Committee on Treaties; and

    • target dates for signature and ratification.
(d) Third Optional
Protocol to the Convention on the Rights of the Child

  1. The Commission considers that the Action Plan would appropriately include a
    commitment to seek views on Australia becoming bound by the Third Optional
    Protocol to the Convention on the Rights of the Child, which was adopted in
    December 2011 and establishes an individual communications mechanism in relation
    to that Convention comparable to mechanisms available in relation to other
    principal human rights instruments.

  2. Again, preferably such a commitment would include a timetable for

    • seeking views from States and Territories;

    • public consultation;

    • preparation of a National Interest Analysis and its submission to the Joint
      Standing Committee on Treaties; and

    • target dates for signature and ratification.
(e) Review of
reservations (action #3)
  1. The Commission commends the inclusion of a timeline for completion of this
    review by end 2012. Noting that consultation within government is intended to be
    completed within the first half of 2012 it would be appropriate if possible to
    indicate timelines for public consultation prior to the conclusion of this
    review.
(f) Enforced
disappearances (action #4)
  1. The Commission notes that review of the Government’s position on the
    International Convention for the Protection of All Persons from Enforced
    Disappearances is indicated in the exposure draft as “ongoing”. The
    Commission suggests that it would be appropriate to provide more specificity on
    the proposed process for review, including target timelines and consultation
    elements.
(g) Migrant Workers
Convention
  1. The Commission notes that in its response to recommendations made in the UPR
    process, the Government rejected recommendations that Australia ratify the
    International Convention on the Rights of Migrant Workers, on the basis that the
    Government considers current protections are adequate. On this basis the
    Commission suggests that it would be appropriate for the National Human Rights
    Action Plan to specify measures of ongoing monitoring in this area and to commit
    to review of the Government’s position on a regular basis and/or if
    monitoring indicates that circumstances have changed materially.
(h) ILO Convention 169
(action #5)
  1. The Commission notes that workplace relations Ministers have agreed to
    consider International Labour Organization Convention 169 concerning Indigenous
    and Tribal Peoples in Independent Countries during 2012. The Commission
    recommends that the National Human Rights Action Plan indicate clearly processes
    for participation by Aboriginal and Torres Strait Islander people, including
    through the National Congress of Australia’ First Peoples, in review of
    Australia’s position regarding this Convention.
(i) Other unratified ILO
Conventions
  1. The Commission submits that it would be appropriate for the National Human
    Rights Action Plan to include details of processes and timelines for
    consideration of ratification of other ILO Conventions not yet ratified by
    Australia.
(j) Death penalty
(action #7)
  1. The Commission notes that ongoing adherence to the legislative requirements
    of the Extradition Act 1988 (Cth), in cases where the offence for which
    extradition is sought is punishable by the death penalty, is stated as an
    ongoing action. Considering that Australia has committed itself to opposing the
    death penalty by becoming a party to the Second Optional Protocol on the
    International Covenant on Civil and Political Rights Aiming at the Abolition of
    the Death Penalty, the Commission submits that it would be appropriate to
    include appropriate measures to ensure that other actions for which the
    Australian Government has responsibility, including under the Mutual Assistance in Criminal Matters Act
    1987     (Cth)(such as police or intelligence co-operation) do not lead
    to the imposition of the death penalty.
(k) Promotion of human rights through official aid
programs (action #10)
  1. The Commission suggests that in addition to the present general reference to
    promotion of human rights through aid programs, it would be appropriate to
    consider including reference to recent policy and program measures to mainstream
    disability and gender issues in development agendas.
(l) Funding support for
UN human rights activity (action #11)
  1. The Commission suggests that in addition to stating the Government’s
    commitment to provide ongoing support for the Office of the High Commissioner
    for Human Rights, it would be appropriate to refer to

    • commitments to provide support for UN Women and for the recently
      established UN Trust Fund to assist nations in implementation of the Convention
      on the Rights of Persons with Disabilities;

    • continued funding and support for the participation of women representatives
      at the annual meeting of the Commission on Status of Women and at other key
      international forums on human rights;

    • continued funding and support for participation of representatives of
      Aboriginal and Torres Strait Islander people in key international forums on
      human rights; and

    • continued support[5] for granting
      of independent participation rights for national human rights institutions at
      the Commission on the Status of Women.
(m) Capacity building
for ASEAN human rights bodies (action #12)
  1. The
    Commission suggests that in addition to referring to ongoing work to build the
    capacity of the Association of South-East Asian Nations (ASEAN)
    Intergovernmental Commission on Human Rights, it would be appropriate to refer
    to work to build the capacity of the ASEAN Commission for the Promotion and
    Protection of the Rights of Women and Children.

2.2 Human rights
framework

(a) Human rights
education (action #21)
  1. As
    noted above the Commission

    • submits
      that reference to human rights education should also be made under the heading
      of “Australia’s human rights commitments”;

    • recommends
      the inclusion of outcome measures rather than only activity measures in relation
      to human rights education; and

    • suggests that further discussion between the Department and the Commission
      in this area would be useful.
(b) Joint Parliamentary
Committee on Human Rights (action #22)
  1. In
    addition to updating actions in this area to reflect the entry into force of the
    legislation and steps taken to establish the Committee, the Commission suggests
    that it would be appropriate here to include

    • reference
      to the timetable for review of the operation of the Committee; and

    • measures
      to facilitate effective operation of the Committee including measures to
      facilitate effective participation by civil society in the Committee’s
      work.
(c) Review of
legislation (action #24)
  1. The Commission suggests that rather than actions and timeline in this
    respect being listed as “ongoing”, it would be appropriate to
    include as much information as possible on

    • processes for identifying priority legislation, policies and practices for
      review;

    • the role of public consultation in determining priorities and review
      processes; and

    • relationships between the Departmental review process and the Joint
      Parliamentary Committee on Human Rights.

2.3 Human rights
concerns of the general community

  1. The Commission suggests that it would be helpful in the introductory section
    of this part of a National Human Rights Action Plan to refer to the emphasis
    placed on human rights education by many submissions to the National Human
    Rights Consultation.
(a) Access to justice
(action #26)

  1. The Commission suggests that it would be appropriate to provide more
    specificity on processes and timeline for actions aimed at building a stronger
    evidence base for compliance with the Strategic Framework for Access to Justice
    in the Federal Civil Justice System.

  2. It would clearly also be appropriate to

    • build the review of legal assistance services recently announced by the
      Attorney-General into the National Human Rights Action Plan; and

    • ensure appropriate linkages to the National Human Rights Action Plan in
      review and evaluation measures in the lead up to the conclusion in 2014 of the
      current National Partnership on legal assistance
      services.
(b) Use of force by
police and deaths in custody (actions 38-42)
  1. The Commission notes that actions presently stated in the exposure draft
    involve continuation of existing monitoring, reporting and oversight
    mechanisms, but do not appear to include commitments from governments in
    relation to

    • responding to issues raised by oversight mechanisms; or

    • taking proactive actions to prevent inappropriate or excessive use of force
      and to prevent deaths in custody.
(c) People trafficking
(actions 43-58)

  1. The Commission notes and welcomes the extensive range of measures in this
    area. The Commission considers that additional actions should be specified to
    include actions specifically addressing child trafficking and the victims of
    child trafficking.

  2. The Commission’s August 2011 submission to the Committee on the Rights
    of the Child[6] recommended that the
    Australian Government should:

    • undertake comprehensive data collection and research on the prevalence of
      child trafficking and sexual exploitation;

    • implement measures for providing specialist child specific services for
      child victims of trafficking, non-citizen minors and unaccompanied minors, in
      accordance with the best interests of the child principle and the UNICEF
      ‘Guidelines on the Protection for Child Victims of Trafficking’
      (2006);

    • ensure that where trafficked people and their dependent children obtain
      permanent residence in Australia, these families receive access to adequate
      settlement services;

    • amend the visa framework for victims of trafficking to ensure every person
      who is identified as a victim of child trafficking and who would face danger if
      returned to their country of origin is eligible for a permanent visa, regardless
      of whether they participate in law enforcement processes; and

    • develop clear guidelines for agencies on how to deal with child victims of
      trafficking on issues including guardianship, housing, access to education,
      confidentiality and privacy, access to independent lawyers and protecting the
      best interests of the child.
  3. The Commission’s November 2011 submission to the UN Special Rapporteur
    on Trafficking[7] also recommended

    • development of a federal victims’ compensation scheme;
    • provision of improved access for trafficked people to information and legal
      services for assistance with making compensation claims; and
    • improved provision of settlement services, including access to housing, for
      trafficked women and their dependent children who obtain permanent residence in
      Australia.
(d) Human rights and
climate change (action #61)
  1. The Commission notes that Australia’s UPR response covers a broader
    range of issues in relation to human rights and climate change compared to the
    commitment stated in the exposure draft to implement the Government’s
    Clean Energy Futures program and compensate low income earners for price
    impacts. The UPR response states that:

    “Human rights impacts
    will be considered as part of policy approaches to address all impacts of
    climate change”.

  2. In particular the Commission notes specific impacts of climate change on
    Aboriginal and Torres Strait Islander people concerning land and cultural
    heritage and submits that these should be specifically addressed in the National
    Human Rights Action Plan.
(e) Poverty (action
#62)
  1. The Commission suggests that it would be appropriate to include reference to
    outcome measures in relation to social inclusion rather than only referring to
    ongoing policy and program activity.
(f) Violence, harassment
and bullying
  1. The Commission notes and welcomes the range of commitments in the Exposure
    Draft regarding prevention of and responding to violence and harassment in
    relation to the human rights experience of specific groups. The Commission
    submits that in addition it would be appropriate for the National Human Rights
    Action Plan to include a distinct heading on violence, harassment and bullying.
    This would assist in ensuring that the Plan reflects general community concerns
    in this area (including in work; education; online environments; public spaces;
    and in relation to home and family violence), as well as assisting in
    integrating, and emphasising the significance of, commitments and initiatives in
    relation to specific groups.

2.4 Human rights
experience of specific groups

(a) Aboriginal and
Torres Strait Islander peoples (actions 63-99)
  1. The Commission considers that the submission which it made on 6 February
    2012 to the Senate Community Affairs Legislation Committee on the Stronger
    Futures in the Northern Territory Bill
    2011[8]    is relevant not only to
    the specific context of that Bill but also to human rights for Aboriginal and
    Torres Strait Islander people more generally. The Commission urges that this
    submission be considered in full in finalising a National Human Rights Action
    Plan, including the key points as identified in the submission:

    • ensuring that laws and their implementation in practice are consistent with
      human rights obligations, including as set out in the Racial Discrimination
      Act 1975       (Cth) and as explained in the Declaration on the Rights of
      Indigenous Peoples;

    • ensuring effective consultation and engagement with Aboriginal and Torres
      Strait Islander peoples in developing and implementing law and policy affecting
      them, and committing to working with Aboriginal and Torres Strait Islander
      communities to develop appropriate responses that meet the identified needs of
      individual communities;

    • resourcing the development of community governance structures to enable
      Aboriginal and Torres Strait Islander peoples to engage with and control
      decision-making about their own development goals; and

    • review and reform by governments of their internal structures and workforce
      to ensure cultural competency, cultural safety and cultural security in
      implementing laws and programs affecting Aboriginal and Torres Strait Islander
      peoples.
  2. The Commission notes that a number of actions set out in the section of the
    exposure draft regarding refugees, asylum seekers, migrants and people from
    culturally and linguistically diverse backgrounds, are applicable to Aboriginal
    and Torres Strait Islander people and should be reproduced or referenced in this
    section of the National Human Rights Action Plan. In particular this point
    applies to the National Anti-Racism Partnership and Strategy (action
    #208).
(b) Women
  • The Commission has welcomed[9] the
    introduction into Parliament of reforms to the Equal Opportunity for Women in
    the Workplace Act 1999 (Cth)    , in response to the recommendations of the
    Review of the Equal Opportunity for Women in the Workplace Act and Agency, in
    order to strengthen gender equality in Australian workplaces.
  1. The Commission recommends that in addition to reflecting these reforms, a
    National Human Rights Action Plan should give greater and more specific emphasis
    to issues of economic security and participation for women. The Commission has
    made a range of recent recommendations in this area including

    • measures to promote greater transparency in relation to pay rates,
      including in individual contracts[10] ;

    • provision of transitional funding to ensure that any decision of Fair Work
      Australia arising from the Australian Services Union’s application for an
      Equal Remuneration Order on behalf of Social and Community Service workers can
      be implemented without job losses or reduction of
      services[11];

    • measures to make flexible work part of workplace culture, including
      amending the National Employment Standard to incorporate duties to reasonably
      accommodate family and carer responsibilities, including through the provision
      of flexible work arrangements[12],
      and to extend “right to request” provisions to accommodate other
      family and caring responsibilities, including caring for older people and people
      with disabilities[13];

    • reviewing the provision of superannuation on paid parental leave and
      extending the superannuation co-contribution
      scheme[14];

    • ensuring effective and equitable access to affordable and appropriate child
      care, early child hood education and out-of-school care, including in rural
      regional and remote areas, and for Indigenous children, children from culturally
      and linguistically diverse communities and children with
      disabilities[15]; setting and reporting annually against gender equality
      targets within the Australian Public Service including executive level and SES
      positions[16].

  2. In relation to freedom from violence (actions #100-111), the Commission
    recommends that the National Human Rights Action Plan make express reference to
    monitoring and evaluation against measures of outcomes. In particular as
    recognised by the National Plan to Reduce Violence Against Women and their
    Children, governments have endorsed the objective of reducing violence, in
    addition to the maintenance of existing legal and program responses to violence
    where it occurs.

  3. In relation to sexual harassment (action #107) it would be appropriate to
    note that the Commission has indicated that in the performance of its functions
    under the Sex Discrimination Act, it will undertake the third national sexual
    harassment prevalence survey.

  4. In relation to women in the Australian Defence Force (actions #119-120) the
    Commission reported on its review into the Treatment of Women in ADFA in
    November 2011; and will report on its review of Treatment of women in the ADF in
    mid 2012. The Commission would be pleased to provide further information in this
    respect.

  5. The Commission submits that the National Human Rights Action Plan should
    refer to Australia’s National Action Plan on Women, Peace and Security,
    including measures on monitoring and evaluation of this Plan.
(c) Children and young
people

  1. The Commission submits that it would be appropriate for the introductory
    part of the section regarding children and young people in the National Human
    Rights Action Plan to refer expressly to relevant national strategies which
    include objectives for promoting human rights for children and young people,
    including referring to arrangements under those strategies for monitoring,
    evaluation and review, and lines of accountability for outcomes. In addition to
    the National Framework for the Protection of Australia’s Children and the
    National Plan to Reduce Violence against Women and their Children referred to in
    the exposure draft under specific actions, other relevant strategies might
    include the National Early Years Strategy, the National Safe Schools Framework,
    and the cybersafety plan.

  2. It would also be helpful to cross reference here other national strategies
    (including the National Disability Strategy) addressing issues for particular
    groups of children and young people, including indicators and outcome measures
    under those strategies (for example in relation to education outcomes).

  3. In particular, it would be helpful to make clearer that commitments
    regarding juvenile justice are not confined to continued funding of community
    legal centres (actions #128-129) but include measures under the National
    Disability Strategy in particular, to reduce over-representation of young people
    with disability and young Aboriginal and Torres Strait Islander people in the
    criminal justice system and in detention. It would also be appropriate in this
    area to commit to measures to prevent children being held in adult
    prisons.
(d) Older people

  1. The Commission submits that the performance
    indicators presently provided in the exposure draft in relation to quality of
    aged care services and in relation to elder abuse and assaults require
    significant improvement, to provide meaningful guidance on whether outcomes for
    older Australians have been improved over the life of the National Human Rights
    Action Plan against the objective of promoting quality residential aged care
    services.

  2. In relation to assaults, it is not clear whether an increased number of
    reported assaults would indicate increased awareness of rights to personal
    safety and access to justice (which would be hoped to reduce the prevalence of
    assaults over time) or would indicate continued or increased prevalence.

  3. Additional indicators which would be appropriate in this area include

    • indicators regarding service quality, including numbers of complaints made
      by users of aged care services and the number of complaints referred to the Aged
      Care Commissioner, and outcomes of complaints; and

    • indicators regarding service availability, including waiting lists and
      availability of beds, and including availability in urban, regional and remote
      areas.
  4. The Commission notes that action items #134 and #135 in relation to
    financial security for older people require updating to take account of

    • the third and final report of the Advisory Panel on the Economic Potential
      of Senior Australians; and

    • lifting of the age cap on superannuation contributions, and introduction of
      related reforms announced in February 2012.
(e) Gay, lesbian,
bisexual and sex and / or gender diverse people

  1. The Commission suggests that it would be appropriate to include, at action
    #138 in relation to same sex relationships, reference to the decision by the
    Australian Government from February 2012 to provide “no impediment”
    certificates to same sex couples wishing to marry overseas.

  2. Noting the desirability of inclusive and respectful terminology in this
    area, and diverse and evolving community views in this respect [17], the Commission suggests that
    at action #143 it would be helpful to refer to Governments working to develop a
    nationally consistent approach to “the legal recognition of sex and
    gender, addressing recommendations made in the Australian Human Rights
    Commission’s paper, Sex Files: the legal recognition of sex in
    documents and government records    .”

  3. The Commission submits that it would be appropriate for this action to be
    accompanied by additional indications of processes and timelines beyond the
    current “ongoing” status.
(f) People at risk of or
experiencing homelessness
  1. The Commission submits that, in addition to the welcome recognition of
    Aboriginal and Torres Strait Islander people as being over-represented among
    people who are homeless or at risk of homelessness, it would be appropriate to
    refer to risks and specific needs for people with disability, including people
    with mental illness, women (in particular women escaping violence), families,
    older people, children and young people.
(g) People with
disability

  1. The Commission notes that it may be possible to update the National Human
    Rights Action Plan in relation to people with disability when the initial annual
    report to COAG on implementation of the National Disability Strategy becomes
    available (scheduled for February 2012).

  2. Noting the importance of employment for social and economic participation
    and opportunity, the Commission submits that action item #156 in relation to
    access to employment options for people with disability should be accompanied by
    specification of outcomes aimed for rather than being confined to description of
    activities to be undertaken.

  3. The Commission notes that action item #158, in relation to Australian Public
    Service employment, does specify an outcome of increased numbers of people with
    disability employed. The Commission submits that it would be appropriate to
    specify a target in this respect and mechanisms for accountability for its
    achievement throughout the life of the Plan.

  4. In relation to action item #170 on sterilisation of women and girls with
    disability, the agrees that work by the Commonwealth with States and Territories
    is accurately described as “ongoing” but submits that a more
    specific commitment should be added regarding monitoring of the occurrence of
    sterilisation and of effectiveness of measures to prevent unlawful sterilisation
    and to ensure the availability of alternative options.

  5. In relation to action item #172 on freedom from exploitation and violence,
    the Commission notes that measures to prevent violence against women with
    disability and improve service responses for women who have experienced violence
    are to be addressed through the series of three year action plans under the
    National Plan to Reduce Violence Against Women and their Children. The
    Commission support this approach, consistent with the view indicated earlier in
    this submission by the Commission on the relationship between the National Human
    Rights Action Plan and other national strategies.

  6. The Commission notes however that it would be appropriate for the National
    Human Rights Action Plan to include express commitments to ensuring

    • monitoring of the level of experience of violence by women and children with
      disability; and

    • monitoring of the effectiveness of service responses, including advice,
      information and advocacy services, justice system responses, and emergency
      accommodation.
(h) Carers
  1. The Commission submits that a National Human Rights Action Plan should
    include a commitment including timelines for reviewing measures relating to
    retirement income security for unpaid carers.
(i) People in
prisons

  1. The Commission considers that, notwithstanding that the National Justice
    CEOs working group on mental illness and cognitive disability is not due to
    report back until June 2012, action item #179 could be accompanied by more
    substantive performance measures than reference to this reporting date, at least
    to the level of identifying that the outcome aimed for is to ensure that
    appropriate diversionary options are available. The Commission also suggests
    that this action item would more appropriately be headed “Justice
    system” rather than “Health”.

  2. The Commission submits that it would be appropriate to include with action
    item #181 any information available on a target date for completion of peer
    review processes for the Australian Standard Guidelines for
    Corrections.
(j) Refugees, asylum
seekers, migrants and people from culturally and linguistically diverse
backgrounds

  1. The Commission submits that a more specific timeline should be provided for
    review of treaty body recommendations in relation to immigration detention (for
    example within a certain number of months of recommendations being made) rather
    than this being listed only as ongoing (action #191).

  2. The Commission notes its view that meeting the commitment stated in the
    exposure draft to ensuring that detention is not indefinite or arbitrary
    requires significant reform to the system of mandatory detention.

  3. The Commission welcomes recent changes in policy and practice regarding
    community detention and bridging visas as means towards reducing the period of
    detention and ensuring that detention is in the least restrictive environment
    possible. The Commission suggests that these initiatives should be specifically
    referred to in the National Human Rights Action Plan.

  4. The Commission notes that further action is required to ensure that
    indefinite detention does not result for people who are stateless or people who
    have received an adverse security clearance.

  5. The Commission submits that it would be appropriate to include a commitment
    and timeline for review and reform of guardianship arrangements for children who
    are asylum seekers.

  6. In relation to action #197 the Commission notes that adequate resourcing is
    required to support powers to report on conditions within detention
    facilities.

  7. In relation to action #206, the Commission notes that needs for translating
    and interpreting services are considerably broader than the specific context
    referred to of enabling assistance by community legal centres. The Commission
    submits that the National Human Rights Action Plan should include commitment to
    ensure access to language services more broadly.

[1] Letter from the President of
the Commission to the then Attorney-General, 11 January 2011

[2] UPR Rec 17 (Sweden): A (accepted); UPR Rec 18 (France): PA (accepted-in-part); UPR Rec 19
(Jordan): PA; UPR Rec 20 (Argentina): A; UPR Rec 34 (France): A; UPR Rec 35
(Austria): A; UPR Rec 36 (Jordan): A; UPR Rec 37 (Norway): PA; UPR Rec 135
(Algeria): A; UPR Rec 141 (Lao People’s Democratic Republic): A; UPR Rec
144 (Cambodia): A; UPR Rec 145 (Chad):
A

[3] 4 Article 26(2)
Universal Declaration on Human Rights 1948; Article 13, International Covenant
on Economic, Social and Cultural Rights 1966, Article 29(1) of the Convention on
the Rights of the Child 1989. The Declaration on Human Rights Education and
Training, adopted by the United Nations General Assembly in 2011 also provide
guidance on the scope of the Right to Human Rights
Education.

[5] As expressed for
example in the Australian National Statement delivered at Commission on the
Status of Women 54th session, United Nations, New York, March 2010, available at http://www.un.org/womenwatch/daw/beijing15/general_discussion/AUSTRALIA.pdf

[6] http://www.humanrights.gov.au/legal/submissions/2011/201108_child_rights.html

[7] http://www.humanrights.gov.au/legal/submissions/2011/20111114_trafficking.html

[8] http://www.humanrights.gov.au/legal/submissions/2012/20120206_stronger.html

[9] http://www.humanrights.gov.au/about/media/media_releases/2012/12_12.html

[10] Australian Human Rights
Commission submission to Insecure Work inquiry

[11] Australian Human Rights
Commission submission to Insecure Work
inquiry

[12] Australian Human
Rights Commission submission to review of the Sex Discrimination Act, available
at http://humanrights.gov.au/legal/submissions/2008/20080901_SDA.html#10_3

[13] Australian Human Rights Commission submission to the Senate Education, Empoyment
and Workplace Relations Committee inquiry on the Fair Work Bill 2008, available
at http://humanrights.gov.au/legal/submissions/2009/20090123_Fair_Work.html

[14] Australian Human Rights Commission submission to Productivity Commission inquiry
into Paid Maternity, Paternity and Parental Leave, available at
http://humanrights.gov.au/legal/submissions/2008/20081124_maternity.html

[15] Australian Human Rights Commission Gender Equality Blueprint , available at http://www.humanrights.gov.au/sex_discrimination/publication/blueprint/index.html

[16] Australian Human Rights
Commission Gender Equality
Blueprint

[17] As indicated in
submissions to the Attorney-General’s Department on the consolidation of
Commonwealth laws, and in the course of the Commission’s Sex Files
consultations.