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In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian government and the Committee on the Elimination of Racial Discrimination (the Committee or the CERD), which took place in March 2000.

During these ten years, thousands of individuals and organisations have used the DDA to create change, either by making complaints of discrimination, using the law as a basis for negotiating broad social change or educating organisations on their responsibilities.

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land.

The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment.

It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence.

For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated numerous complaints from people in detention and conducted two national inquiries into the mandatory detention system.[1]

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble

DR OZDOWSKI: My name is Dr Ozdowski and I am the Human Rights Commissioner and we are conducting an Inquiry into Children in Detention. To my left is Mrs Robin Sullivan who is Assistant Commissioner for the Inquiry and in her other life, she is Queensland Children's Commissioner and to my right is Professor Trang Thomas, Professor of Psychology at the Melbourne Institute of Technology and she is also Assistant Commissioner. Also to my left is Mrs Vanessa Lesnie and she is Secretary to the Inquiry.

I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

DR OZDOWSKI: I declare the Wednesday session of the public hearings for DIMIA and ACM being a part of the National Inquiry into Children in Immigration Detention open. Could I ask Counsel Assisting to finalise the issues which were not finished yesterday and attend to the issue of education.

COMMISSIONER OZDOWSKI: Welcome to every one, I think we will start rolling and I would like to formally open this public hearing which is one of series of hearings conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner and with me are my two Assistant Commissioners. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology. And to my left is Dr Robin Sullivan who is Queensland's Children's Commissioner. At the end of the table on the left is Vanessa Lesnie who is the counsel assisting the Inquiry.

DR OZDOWSKI: Good morning everybody. I would like to formally open this public hearing which is the last, hopefully, of the series held around Australia. My name is Sev Ozdowski and I'm the Human Rights Commissioner and to my right I've got Professor Trang Thomas, who is Professor of Psychology at the Royal Melbourne Institute of Technology. Today the Commission will be assisted by counsel Michael Wigney and Mr Jonathon Hunyor of the Commission and I would like to ask for the benefit of the audience that the counsel for DIMIA and ACM would introduce themselves.

a) Ngaanyatjarra Regional Partnership Agreement. b) Murdi Paaki Regional Assembly c) Post-ATSIC regional representation for Torres Strait Islanders on the mainland