5th ICCPR report and concluding observations

The Human Rights Committee considered Australia's 5th Periodic Report under the ICCPR (link to PDF file) in 2009.

The Committee's concluding observations are summarised below. The full text is available from the Attorney-General's Department Treaty Reporting Page (Word) or PDF and from the Committee website.

Reporting process

• The Committee considered that Australia's experiment with a more concise approach to treaty reporting while well intentioned had not met the requirement of the Covenant for sufficient information
• The Committee welcomed the timely submission of responses to its list of issues
• The Committee welcomed the contributions of the Commission and of non-government organisations to its work

Positive aspects

The Committee welcomed

• the National Human Rights Consultation
• the national apology to the Stolen Generations
• the establishment of the National Council to Reduce Violence against Women and their Children.

Concerns

• Lack of a comprehensive legal framework for protection of ICCPR rights (Article 2)
• Continued reservations under Articles 10.2(a) and (b); 10. 14. and 20.
• Procedure to give effect to Views of the Committee in response to communications under the First Optional Protocol (Atricle 2.3)
• Incompatability of Anti-Terrorism Act (number 2) 2005 with Covenant rights including presumption of innocence and freedom from arbitrary detention (Articles 2, 9, 14)
• Lack of comprehensive protection against discrimination (Articles 2, 26)
• Insufficient inclusion of indigenous peopls in decisions affecting their rights (Articles 2, 25, 26, 27)
• Aspects of Northern Territory intervention discriminatory and adopted without adequate consultation (Articles 2, 24, 26, 27)
• Need for reparations to victims of Stolen Generation policies (Articles 2, 24, 26, 27)
• Cost, complexity and strict rules of evidence for native title claims (Articles 2, 27)\
• Need for sronger efforts aginst domestic violence in particular for indigenous women (Articles 2, 3, 7, 26)
• Situation of homeless persons, particularly among indigenous persons, who as a result are unable to exercise ICCPR rights (Articles 2, 26, 27)
• Reports of instances of refoulement (Artices 2, 6, 7)
• Lack of prohibition on return of persons to States where they may face death penalty; lack of prohibition of international police cooperation resulting in imposition of death penalty (2nd Optional Protocol)
• Reports of excessive use of force by police against minorities; excessive use of tasers; lack of independent investigation of complaints against police (Articles 6, 7)
• Need for stronger measures against trafficking in human beings particularly women, and measures to assist and protect victims (Article 8)
• Continued mandatory detention of unauthorised arrivals; lack of effective review for detention decisions (Articles 9, 14)
• Gaps in protection of children in the criminal justice system; detention of children in adult facilities (Articles 9, 14, 24)
• Inadequate access to justie for marginalised and disadvantaged groups (Articles 2, 14)
• Reports of increased cases of discrimination against Muslim people; lack of prohibitions of hate speech (Articles 20, 26)
• Need for programs to promote knowledge of the Convenent and Optional Protocol (Article 2)
• Need for wider dissemination of report and of dialogue with Committee (Article 2)