Annex 2: Implementation status of first cycle UPR recommendations
Track Australia's progress implementing recommendations from its first cycle Universal Periodic Review at the United Nations and improvements in human rights
Aboriginal and Torres Strait Islander Peoples
Annex
24 April 2015
Summary
|
No
|
Country
|
Recommendation
|
Response
|
Implementation
|
|---|---|---|---|---|
|
1
|
Republic of Moldova
|
Ratify the OPCAT
|
Accepted
|
| No | Country | Recommendation | Response | Implementation |
|---|---|---|---|---|
| 1 | Republic of Moldova | Ratify the OPCAT | Accepted | Not implemented |
| 2 | Azerbaijan | Speed up process of ratification of OPCAT | Accepted | Not implemented |
| 3 | Maldives | Ratify OPCAT and designate a National Preventive Mechanism | Accepted | Not implemented |
| 4 | New Zealand | High priority ratification of the OPCAT and establish a National Preventative Mechanism | Accepted | Not implemented |
| 5 | Mexico | Establish an independent supervision mechanism with access to all detention centres to facilitate prompt ratification of OPCAT | Accepted | Not implemented |
| 6 | Denmark | Ratify OPCAT without further delay | Accepted | Not Implemented |
| 7 | Thailand | Accede to the remaining core human rights instruments to which it is yet to become a party, especially CED | Accepted-in-part | Not implemented |
| 8 | France | Sign and ratify CED | Accepted-in-part | Not implemented |
| 9 | Argentina | Study the possibility of signing and ratifying CED and ICRMW | Accepted-in-part | Not implemented |
| 10 | Algeria, Bolivia, Turkey, Philippines, Bosnia and Herzegovina | Consider acceding to ICRMW; ratify ICRMW; complete the ratification process of ICRMW; engage in consultations with a view to possible accession to ICRMW; ratify ICRMW | Rejected | |
| 11 | Bolivia | Ratify ILO Convention No. 169 and incorporate it into its national norms | Accepted-in-part | Not implemented |
| 12 | Norway | Consider ratifying ILO Convention No. 169 | Accepted | Not implemented |
| 13 | Hungary | Withdraw reservations to CRC | Accepted-in-part | Not implemented |
| 14 | Republic of Korea | Consider withdrawing reservations to article 4 (a) of ICERD | Accepted | Not implemented |
| 15 | South Africa | Withdraw reservations to article 4 (a) of ICERD | Accepted-in-part | Not implemented |
| 16 | Denmark | Withdraw reservations to ICERD, CEDAW, ICCPR and CRC (Denmark) | Accepted-in-part | Not implemented |
| 17 | Sweden | Bring its legislation and practices into line with international obligations | Accepted | Partly implemented |
| 18 | France | Incorporate human rights obligations into domestic law | Accepted-in-part | Partly implemented |
| 19 | Jordan | Incorporate human rights obligations into domestic law | Accepted-in-part | Partly implemented |
| 20 | Argentina | Continue efforts in strengthening mechanisms for the effective incorporation of international human rights obligations and standards into its domestic legislation | Accepted | Partly implemented |
| 21 | Timor-Leste | Incorporate human rights obligations into domestic law | Accepted-in-part | Partly implemented |
| 22 | Canada, Ukraine, Russian Federation, Norway | Consider a comprehensive Human Rights Act; incorporate international human rights obligations into domestic law through a comprehensive, judicially enforceable human rights act; incorporate international human rights obligation s in domestic law through the adoption of a comprehensive justiciable law on human rights; implement a federal human rights act | Rejected | |
| 23 | United States | Focus on nationwide enforcement of its existing anti-discrimination law | Accepted | Partly implemented |
| 24 | Norway | Fully implement the Racial Discrimination Act and the revision of federal laws to be compatible with the United Nations Declaration on the Rights of Indigenous Peoples | Accepted-in-part | Partly implemented |
| 25 | Canada | Consider re-instating the Racial Discrimination Act into the Northern Territory Emergency Response and other subsequent arrangements | Accepted | Partly implemented |
| 26 | Slovenia | Consult with Aboriginal and Torres Strait Islander people, and take into consideration the guidelines proposed by the Australian Human Rights Commission before considering suspension of the Racial Discrimination Act for any future intervention affecting the Aboriginal and Torres Strait Islander people | Accepted | Partly implemented |
| 27 | Bolivia | Facilitate the provision of sufficient funding and staffing for the Australian Human Rights Commission and different commissioners | Accepted | Partly implemented |
| 28 | New Zealand | Establish a National Children's Commissioner | Accepted-in-part | Implemented |
| 29 | Poland | Consider establishing an independent commissioner for child rights | Accepted | Implemented |
| 30 | Azerbaijan | Continue measures for the adoption of the new National Action Plan on Human Rights | Accepted | Partly implemented |
| 31 | Maldives | Adopt a rights-based approach to climate change policy at home and abroad, including by reducing greenhouse gas emissions to safe levels that are consistent with the full enjoyment of human rights | Accepted-in-part | Partly implemented |
| 32 | Ghana | Develop a comprehensive poverty reduction and social inclusion strategy, which would integrate economic, social and cultural rights | Accepted-in-part | Partly implemented |
| 33 | Pakistan | In line with the Committee on Economic, Social and Cultural Rights recommendation, develop a comprehensive poverty reduction and social inclusion strategy, which would integrate economic, social and cultural rights | Accepted-in-part | Partly implemented |
| 34 | France | Adopt the necessary legislation to ensure that no one is extradited to a State where they would be in danger of the death penalty | Accepted | Implemented |
| 35 | Austria | Follow-up on the implementation of recommendations of human rights mechanisms | Accepted | Partly implemented |
| 36 | Jordan | Consider implementing the recommendations of human rights treaty bodies and special procedures concerning indigenous people | Accepted | Partly implemented |
| 37 | Norway | Implement the recommendations made by the United Nations Special Rapporteur on the rights of indigenous people after his visit in 2009 | Accepted-in-part | Partly implemented |
| 38 | Jordan | Consider implementing the recommendations of UNHCR, human rights treaty bodies and special procedures with respect to asylum-seekers and irregular immigrants especially children | Accepted | Not implemented |
| 39 | Denmark, United Kingdom, Belgium, Germany | Comply with recommendations of CRC and CEDAW Committee's concerning the sterilization of women and girls with disabilities; enact national legislation prohibiting non-therapeutic sterilization of children, regardless of whether they have a disability, and of adults with disability without their informed and free consent; repeal all legal provisions allowing sterilization of persons with disabilities without their consent and of non-therapeutic reasons; abolish non-therapeutic sterilization of women and girls with disabilities | Accepted-in-part | Not implemented |
| 40 | Botswana | Continue pursuance of the draft National Disability Strategy and share it's experience; | Accepted | Implemented |
| 41 | Republic of Moldova | Complete a general framework of measures to ensure equality of chances for people with disabilities | Accepted | Implemented |
| 42 | United Kingdom | Ensure efforts to harmonize and consolidate Commonwealth anti-discrimination laws address all prohibited grounds of discrimination and promote substantive equality | Accepted | Not implemented |
| 43 | Pakistan; India | Enact comprehensive equality at the federal level; grant comprehensive protection to rights of equality and non-discrimination in federal law | Accepted-in-part | Partly implemented |
| 44 | South Africa | Enact comprehensive legislation which prohibits discrimination on all grounds to ensure the full enjoyment of all human rights by every member of society | Accepted | Partly implemented |
| 45 | Argentina | Continue its efforts to harmonize and consolidate its domestic legislation against all forms of discrimination | Accepted | Not implemented |
| 46 | Morocco | Strengthen the federal legislation to combat discrimination and ensure an effective implementation with a view to a better protection of the rights of vulnerable persons, in particular, children, persons in detention and persons with disabilities | Accepted | Partly implemented |
| 47 | Viet Nam | Adopt firm measures to end discrimination and violence against women, children and people from vulnerable groups so as to enhance a better respect for their dignity and human rights | Accepted | Partly implemented |
| 48 | Islamic Republic of Iran | Put an end, in practice and in law, to systematic discrimination on the basis of race in particular against women of certain vulnerable groups | Accepted | Partly implemented |
| 49 | Cambodia | Further ensure that everyone is entitled to equal respect and to a fair participation with full enjoyment of equal rights and opportunities in economic, political, social and cultural developments as incorporated in the laws and plans of action | Accepted | Partly implemented |
| 50 | Viet Nam | Take appropriate measures to reduce the development gap and social disparities so as to enhance the full enjoyment of all human rights for all Australian people, especially in the areas of economic, cultural and social rights | Accepted | Partly implemented |
| 51 | Norway | Intensify its efforts to further combat gender discrimination | Accepted | Partly implemented |
| 52 | Israel | Strengthen the Sex Discrimination Act as indicated in the national report, and consider the adoption of temporary special measures as recommended by CEDAW Commitee | Accepted | Not implemented |
| 53 | South Africa | Develop and implement policies to ensure gender equality and strengthen the promotion and protection of the rights of women, especially women from indigenous communities | Accepted | Partly implemented |
| 54 | Japan | Persist in efforts to redress remaining gender inequalities, in particular with regard to the employment of women in the private sector | Accepted | Partly implemented |
| 55 | Norway | Adopt targets of 40 per cent representation of women on public and private sector boards | Accepted-in-part | Partly implemented |
| 56 | Botswana | Remain steadfast in pursuing its policies towards gender equality, in particular through its Fair Work Act | Accepted | Partly implemented |
| 57 | Thailand | Further strengthen its efforts to promote equality, non-discrimination and tolerance through the monitoring of racially motivated violence and inclusion of human rights education in school and university curriculum | Accepted | Partly implemented |
| 58 | Japan | Step up measures, such as human rights education in schools, so as to promote a more tolerant and inclusive society | Accepted | Partly implemented |
| 59 | Algeria | Strengthen further the measures to combat discrimination against minority communities, including Muslim communities in Australia | Accepted | Partly implemented |
| 60 | Sweden | Take measures towards ensuring the equal and the full enjoyment of the basic rights of all its citizens including persons belonging to indigenous communities, and to effectively prevent and, if necessary, combat racial discrimination | Accepted | Partly implemented |
| 61 | Singapore | Continue efforts to promote multicultural and racial tolerance through initiatives such as the Australian Multicultural Advisory Council and the Diversity and Social Cohesion Programme | Accepted | Partly implemented |
| 62 | Malaysia | Take more effective measures to address discrimination and other problems related to racial and ethnic relations including by developing and implementing appropriate policy and programmes to improve and strengthening relations between races and cultures | Accepted | Partly implemented |
| 63 | Morocco | Strengthen its measures and continue its efforts in promoting multiculturalism and social inclusion | Accepted | Partly implemented |
| 64 | Yemen | Continue the great efforts to put an end to all practices likely to interfere with the peaceful coexistence among the different groups of the multi-ethnic society of Australia | Accepted | Partly implemented |
| 65 | Russian Federation | Implement additional measures to combat discrimination, defamation and violence (including cyber racism) against the Arab population and Australian Muslims, against recently arrived migrants (primarily from Africa) and also foreign students (essentially coming from India) | Accepted | Partly implemented |
| 66 | Colombia | Continue to implement the harmonization and consolidation of anti-discriminatory laws and to move forward with the promulgation of laws protecting persons against discrimination on the grounds of sexual orientation or gender | Accepted | Partly Implemented |
| 67 | Switzerland | Introduce a national legal provision prohibiting discrimination and harassment based on sexual orientation and gender | Accepted | Implemented |
| 68 | New Zealand | As a high priority, introduce federal law which prohibits discrimination on the grounds of sexual orientation | Accepted | Implemented |
| 69 | United Kingdom | Take measures to ensure consistency and equality across individual States in recognizing same-sex relationships | Accepted | Implemented |
| 70 | Norway | Amend the Marriage Act to allow same-sex partners to marry and to recognize same-sex marriages from overseas | Rejected | |
| 71 | Hungary | Enact legislation to ensure the humane treatment of prisoners | Accepted | Not implemented |
| 72 | United States | Strengthen efforts to combat family violence against women and children with a particular focus on indigenous communities | Accepted | Partly implemented |
| 73 | Islamic Republic of Iran | Adopt special legislation to prevent and combat violence against women and girls and to prosecute and punish the perpetrators | Accepted | Partly implemented |
| 74 | Switzerland | Adapt its legislation to ensure greater security for women and children | Accepted | Partly implemented |
| 75 | Russian Federation | Introduce a full prohibition of corporal punishment within the family in all states and territories | Rejected | |
| 76 | Azerbaijan | Speed up the process for the adoption of the National Plan to Reduce Violence against Women and their Children | Accepted | Partly implemented |
| 77 | Canada | Take steps, in partnership with State, Territory and Local governments, to further advance and accelerate implementation of the National Action Plan to Reduce Violence against Women and Their Children, so as to effectively address prevalence of violence against these vulnerable groups | Accepted | Partly implemented |
| 78 | Switzerland | Implement a national action plan to reduce violence against women and children | Accepted | Partly implemented |
| 79 | Norway | Implement immediately the National Plan to Reduce Violence against Women and their Children | Accepted | Partly implemented |
| 80 | Mexico | Implement the National Action Plan to reduce violence against women and their children, including through an independent supervision mechanism that involves civil society organizations and take into account the specific situation of indigenous women and migrants | Accepted | Partly implemented |
| 81 | Philippines | Effectively implement the national policy to reduce violence against women | Accepted | Partly implemented |
| 82 | Hungary | Ensure that all victims of violence have access to counselling and assistance with recovery | Accepted | Partly implemented |
| 83 | Thailand | Continue to work and coordinate with countries in the region to strengthen the regional framework to deal with irregular migration and human trafficking in a comprehensive and sustainable manner | Accepted | Partly implemented |
| 84 | Indonesia | Strengthen further its commitment to the Bali process as the principal mechanism in the region which deals with people smuggling and trafficking (Indonesia) | Accepted | Implemented |
| 85 | Philippines | Consider using the OHCHR's Recommended Principles and Guidelines on Human Rights and Human Trafficking as a guide in its anti-trafficking measures | Accepted | Implemented |
| 86 | Azerbaijan | Increase its efforts to fight human trafficking | Accepted | Partly implemented |
| 87 | United States | Increase efforts to criminally prosecute trafficking offenders | Accepted | Implemented |
| 88 | Islamic Republic of Iran | Take effective legal measures to prohibit the use of excessive force and the use of “Tasers” by the police against various groups of peoples | Accepted-in-part | Not implemented |
| 89 | Malaysia | Further improve the administration of justice and the rule of law including by setting up appropriate mechanisms in order to ensure adequate and independent investigation of police use of force, police misconduct and police-related deaths | Accepted | Not implemented |
| 90 | Russian Federation | Implement specific steps to combat the high level of deaths of indigenous persons in places of detention | Accepted | Partly implemented |
| 91 | New Zealand | Introduce a requirement that all deaths in custody be reviewed and investigated by independent bodies tasked with considering prevention of deaths and implement the recommendations of Coronial and other investigations and enquiries | Accepted | Partly implemented |
| 92 | Bolivia | Increase the provision of legal advice to indigenous peoples with due translation services reaching especially indigenous women of the most remote communities | Accepted | Not implemented |
| 93 | Austria | Implement measures in order to address the factors leading to an overrepresentation of Aboriginal and Torres Strait Islander communities in the prison population | Accepted | Partly implemented |
| 94 | Austria | Examine possibilities to increase the use of non-custodial measures | Accepted | Partly implemented |
| 95 | Austria | Enhance the contacts and communication between Aboriginal and Torres Strait Islander communities and representatives of the law enforcement officials and enhance the training of those officials with respect to cultural specificities of the above communities | Accepted | Partly implemented |
| 96 | United States | Improve the human rights elements of its training for law enforcement personnel | Accepted | Partly implemented |
| 97 | Slovenia | Establish a National Compensation Tribunal to provide compensation to Aboriginal and Torres Strait Islander people that are negatively affected by the assimilation policy | Rejected | |
| 98 | Brazil | Take regular measures to prevent hate speech, including prompt legal action against those who incite discrimination or violence motivated by racial, ethnic or religious reasons | Accepted | Partly implemented |
| 99 | Israel | Develop a national pay strategy to monitor pay gaps mechanisms and establish a comprehensive childcare policy, as recommended by the Committee on the Elimination of All Forms of Discrimination against Women | Accepted-in-part | Partly implemented |
| 100 | Israel | Remove, in law and in practice, restrictions on the rights of workers to strike, as recommended by the Committee on Economic, Social and Cultural Rights | Accepted-in-part | Not implemented |
| 101 | Malaysia | Step up efforts to ensure that people living in the remote and rural areas, in particular the indigenous peoples, receive adequate support services relating to accommodation and all aspects of health and education | Accepted | Partly implemented |
| 102 | United Kingdom | Reform the Native Title Act 1993, amending strict requirements which can prevent the Aboriginal and Torres Strait Islander peoples from exercising the right to access and control their traditional lands and take part in cultural life | Accepted-in-part | Partly implemented |
| 103 | Slovenia | Institute a formal reconciliation process leading to an agreement with Aboriginal and Torres Strait Islander people (Slovenia) | Accepted-in-part | Partly implemented |
| 104 | France | Continue the process of constitutional reform in order to better recognize the rights of indigenous peoples | Accepted | Partly implemented |
| 105 | Colombia | Continue to implement its efforts to attain the constitutional recognition of indigenous peoples | Accepted | Partly implemented |
| 106 | Bolivia; Ghana; Hungary; Denmark | Revise its Constitution, legislation, public policies and programmes for implementation of the United Nations Declaration of the Rights of Indigenous Peoples; ensure effective implementation of the Declaration on the Rights of Indigenous People, including in the Northern Territory, and provide adequate support to the National Congress of Australia's First Peoples to enable it to address the needs of indigenous people; develop a detailed framework to implement and raise awareness about the Declaration in consultation with indigenous peoples; take further steps to ensure the implementation of the Declaration on the Rights of Indigenous Peoples | Accepted-in-part | Partly implemented |
| 107 | Guatemala | Launch a constitutional reform process to better recognize and protect the rights of the Aboriginals and Torres Strait Islanders which would include a framework covering the principles and objectives of the United Nations Declaration on the Rights of Indigenous Peoples and would take into account the opinions and contributions of indigenous peoples | Accepted | Partly implemented |
| 108 | Bolivia | Include in its national norms recognition and adequate protection of the culture, values and spiritual and religious practices of indigenous peoples (Bolivia) | Accepted | Partly implemented |
| 109 | Bolivia | Promote the inclusion and participation of indigenous peoples and Torres Strait Islanders in processes or decision-making that may affect their interests | Accepted | Not implemented |
| 110 | Bosnia and Herzegovina | Strengthen efforts and take effective measures with the aim of ensuring enjoyment of all rights for indigenous people, including participation in decision-making bodies | Accepted | Not implemented |
| 111 | Mexico | Ensure that its legislation allows for processes of consultations in all actions affecting indigenous peoples | Accepted | Not implemented |
| 112 | Indonesia | Continue to engage with the Aboriginal population and Torres Strait Islanders and ensure the equal protection of their fundamental rights | Accepted | Not implemented |
| 113 | Austria | Increase the participation of the Aboriginal and Torres Strait Islander communities in the process of closing the gap in opportunities and life outcomes | Accepted | Not implemented |
| 114 | France | Continue the implementation of policies aimed at improving the living standards of indigenous peoples and take all the necessary measures to eradicate discrimination against them | Accepted | Partly implemented |
| 115 | Singapore | Continue its efforts to narrow the gap in opportunities and life outcomes between indigenous and non-indigenous Australians | Accepted | Partly implemented |
| 116 | Thailand | Intensify its on-going efforts to close the gap in opportunities and life outcomes between Indigenous and non-Indigenous peoples, especially in the areas of housing, land title, health care, education and employment | Accepted | Partly implemented |
| 117 | Jordan | Continue addressing effectively the socio-economic inequalities faced by indigenous people | Accepted | Partly implemented |
| 118 | Belgium | Carry out, in consultation with the communities concerned, a comprehensive assessment of the effectiveness of actions and strategies aimed at improving socio-economic conditions of indigenous peoples and if necessary correct these actions | Accepted | Partly implemented |
| 119 | Islamic Republic of Iran | Take immediate legal measures to remove restrictions against access of indigenous women and children to appropriate health and education services and employment opportunities | Accepted | Partly implemented |
| 120 | Morocco | Continue efforts to increase the representation of indigenous women in decision-making posts | Accepted | Partly implemented |
| 121 | Sweden | Safeguard the rights of refugees and asylum-seekers | Accepted | Partly implemented |
| 122 | Slovenia | Honour all obligations under articles 31 and 33 of the Convention relating to the Status of Refugees and ensure that the rights of all refugees and asylum-seekers are respected, providing them access to Australian refugee law | Accepted | Partly implemented |
| 123 | Norway | Ensure the processing of asylum-seekers' claims in accordance with the United Nations Refugee Convention and that they are detained only when strictly necessary | Accepted | Partly implemented |
| 124 | Slovenia | Cease the practice of refoulement of refugees and asylum-seekers, which puts at risk their lives and their families' lives | Accepted | Not implemented |
| 125 | Ghana | Ensure in its domestic law that the principle of non-refoulement is respected when proceeding with the return of asylum-seekers to countries | Accepted | Not implemented |
| 126 | Pakistan; Guatemala | Repeal the provisions of the Migration Act 1958 relating to the mandatory detention; revise the Migration Law of 1958 so that federal initiatives do not penalize foreign migrants in an irregular situation | Rejected | |
| 127 | Ghana | Review its mandatory detention regime of asylum-seekers, limiting detention to the shortest time reasonably necessary | Accepted | Not implemented |
| 128 | Philippines | Address the issue of children in immigration detention in a comprehensive manner | Accepted | Not implemented |
| 129 | Brazil | Ensure that no children are held in detention on the basis of their migratory status and that special protection and assistance is provided to unaccompanied children | Accepted-in-part | Not implemented |
| 130 | Islamic Republic of Iran | Take efficient measures to improve the harsh conditions of custody centres in particular for minorities, migrants and asylum-seekers (Islamic Republic of Iran) | Accepted | Not implemented |
| 131 | Brazil | Consider alternatives to the detention of irregular migrants and asylum-seekers, limit the length of detentions, ensure access to legal and health assistance and uphold its obligations under the Vienna Convention on Consular Relations | Accepted-in-part | Partly implemented |
| 132 | Switzerland | Do not detain migrants other than in exceptional cases, limit this detention to six months and bring detention conditions into line with international standards in the field of human rights | Rejected | |
| 133 | Timor-Leste | Ensure all irregular migrants have equal access to and protection under Australian law | Rejected | |
| 134 | Thailand | Continue to work and coordinate with countries in the region to strengthen the regional framework to deal with irregular migration and human trafficking in a comprehensive and sustainable manner, bearing in mind international human rights and humanitarian principles | Accepted | Partly implemented |
| 135 | Algeria | Protect Official Development Assistance from budgetary cuts in the context of the international crisis and make every effort to bring it to the internationally agreed target of 0.7 per cent of GDP (Algeria) | Accepted | Not implemented |
| 136 | Brazil | Investigate allegations of torture in the context of counter-terrorism measures, give publicity to the findings, bring perpetrators to justice and provide reparation to the victims | Accepted | Implemented |
| 137 | Russian Federation | Carry out a review of all 50 newly adopted laws since 2001 on combating terrorism, and of their application in practice so as to check their compliance with Australia's human rights obligations | Accepted | Partly implemented |
| 138 | Belgium | Review the compatibility of its legislative framework to combat terrorism with its international obligations in the field of human rights and remedy any possible gaps | Accepted | Partly implemented |
| 139 | Republic of Moldova | Continue to ensure that its legislation and methods to combat terrorism are in accordance with the International Covenant on Civil and Political Rights | Accepted | Partly implemented |
| 140 | Switzerland | Ensure, in particular through its Independent National Security Legislation Monitor, that its national legislation is in keeping with its international obligations in the field of human rights | Accepted | Partly implemented |
| 141 | Lao People's Democratic Republic | Continue to share its experiences for the promotion of human rights in the region and the world | Accepted | Implemented |
| 142 | Lao People's Democratic Republic | Actively continue to implement the best practice and policy for the promotion and protection of the rights and living conditions, and to narrow the gap in living standards in favour of the vulnerable groups in the country (Lao People's Democratic Republic) | Accepted | Partly implemented |
| 143 | Poland | Continue the consultation with civil society in a follow-up to its universal periodic review | Accepted | Implemented |
| 144 | Cambodia | Continue to promote and protect human rights internationally to enhance human rights capacity regionally across the Asia-Pacific and globally through the AusAID programme | Accepted | Partly implemented |
| 145 | Chad | Continue its efforts for the promotion and protection of human rights in the world and in their country | Accepted | Partly implemented |