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"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances.

This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions.

Central to the values to which the Government gives expression is an unqualified commitment to racial equality and to eliminating racial discrimination. This is a non-negotiable tenet of our own national cohesion, reflected in our racial diversity, and it must remain a guiding principle of our international behaviour. The rejection of racial discrimination is not only a moral issue, it is fundamental to our acceptance by, and engagement with, the region where our vital security and economic interests lie.

1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act").

Table of Contents Introduction Summary Recommendations Implications of the Convention on the Rights of Persons with Disabilities for scheme design Article 1 - Purpose Article 2: Definitions Article 3 - General principles Article 4 - General obligations Article 5 - Equality and non-discrimination Article 6 - Women with disabilities Article 7 - Children with disabilities Article 8 - Awareness-raising Article 9 - Accessibility Article 10 - Right to life Article 11 - Situations of risk and humanitarian emergencies Article 12 - Equal recognition before the law Article 13 - Access to justice Article

This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions:

back to UPR page The UPR is a unique process that involves the regular review of the human rights situation in each country in the world. The UPR provides two major opportunities for Australia: It allows the Australian community and Government to take stock of how well we are protecting and promoting the human rights of all people in Australia; and It permits the Australian Government to inform ...

If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU.