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UNHRC Universal Periodic Review - Human Rights in Australia 2010

UNHRC Universal Periodic Review - Human Rights in Australia 2010

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Published by PT (aka Twah72)
The Australian High Court has found that "it is lawful for a stateless person to be detained indefinitely." Prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution.
The Australian High Court has found that "it is lawful for a stateless person to be detained indefinitely." Prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution.

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Published by: PT (aka Twah72) on Dec 08, 2012
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07/20/2013

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GE.10-
17567
 
Human Rights Council
Working Group on the Universal Periodic ReviewTenth session
Geneva, 24 January-4 February 2011
Compilation prepared by the Office of the HighCommissioner for Human Rights in accordance withparagraph 15 (b) of the annex to Human Rights Councilresolution 5/1Australia
The present report is a compilation of the information contained in the reports of treaty bodies, special procedures, including observations and comments by the Stateconcerned, and other relevant official United Nations documents. It does not contain anyopinions, views or suggestions on the part of the Office of the United Nations HighCommissioner for Human Rights (OHCHR), other than those contained in public reportsissued by OHCHR. It follows the structure of the general guidelines adopted by the HumanRights Council. Information included herein has been systematically referenced inendnotes. The report has been prepared taking into consideration the four-year periodicityof the first cycle of the review. In the absence of recent information, the latest availablereports and documents have been taken into consideration, unless they are outdated. Sincethis report only compiles information contained in official United Nations documents, lack of information or focus on specific issues may be due to non-ratification of a treaty and/orto a low level of interaction or cooperation with international human rights mechanisms.
United Nations
A
 /HRC/WG.6/10/AUS/2 
General Assembly
Distr.: General15 November 2010Original: English
 
A/HRC/WG.6/10/AUS/22
 
I. Background and framework
A. Scope of international obligations
1
 
Universal human rightstreaties
2
  Date of ratification,accession or succession Declarations/reservations Recognition of specificcompetences of treatybodies
ICERD 30 Sep. 1975 Yes, art. 4 (a) Individualcomplaints (art. 14):YesICESCR 10 Dec. 1975 None ICCPR 13 Aug. 1980 Yes, arts. 10 (2) (a)and (b) and (3); 14(6) and 20Inter-Statecomplaints (art. 41):YesICCPR-OP 1 25 Sep. 1991 None ICCPR-OP 2 2 Oct. 1990 None CEDAW 28 July 1983 Yes, art. 11 (2) OP-CEDAW 4 Dec. 2008 None Inquiry procedure(arts. 8 and 9): YesCAT 8 Aug. 1989 None Inter-Statecomplaints (art. 21):YesIndividualcomplaints (art. 22):YesInquiry procedure(art. 20): YesCRC 17 Dec. 1990 Yes, art. 37 (c) OP-CRC-AC 26 Sep. 2006 Binding declarationunder art. 3: 17 yearsOP-CRC-SC 8 Jan. 2007 None CRPD 17 July 2008 Yes
3
OP-CRPD 21 Aug. 2009 None Inquiry procedure(arts. 6 and 7): Yes
Treaties to which Australia is not a party:
OP-ICESCR,
4
OP-CAT (signature only, 2009),ICRMW and CED.
 
A/HRC/WG.6/10/AUS/23
Other main relevant international instruments Ratification, accession or succession
Convention on the Prevention and Punishment of theCrime of GenocideYesRome Statute of the International Criminal Court YesPalermo Protocol
5
YesRefugees and stateless persons
6
YesGeneva Conventions of 12 August 1949 andAdditional Protocols thereto
7
 YesILO fundamental conventions
8
Yes, except 138UNESCO Convention against Discrimination inEducationYes1. Australia was invited to consider ratifying ICRMW,
9
OP-CAT,
10
CED,
11
and ILOConvention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries
12
 in consultation with the Aboriginal and Torres Strait Islander peoples;
13
as well as toconsider signing and ratifying OP-CESCR.
14
 2. Treaty bodies recommended that Australia withdraw its reservations to ICERD
15
andCEDAW;
16
consider withdrawing its reservations to ICCPR;
17
and continue and strengthenits efforts towards a full withdrawal of its reservation to CRC.
18
 
B. Constitutional and legislative framework
3. Five treaty bodies and four special rapporteurs referred to the inadequateincorporation of human rights treaties in Australia’s legal framework,
19
including theabsence of a legal framework for the protection of economic, social and cultural rights anda Federal Bill of basic human rights.
20
The Committee on the Elimination of Discrimination against Women (CEDAW) urged Australia to give due consideration to theadoption of a Human Rights Act encompassing the full range of civil, cultural, economic,political and social rights.
21
 4. Four treaty bodies recommended measures to address their concern that the rights toequality and non-discrimination were not comprehensively protected in federal law. TheCommittee on the Elimination of Racial Discrimination (CERD) drew specific attention tothe issues of discrimination raised by sections 25 and 51 (xxvi) of the Constitution
22
andurged Australia to ensure that the review of all federal anti-discrimination laws consideredthe gaps in legal and constitutional protections against discrimination and that consequentharmonization did not weaken the Racial Discrimination Act (RDA).
23
 5. CERD regretted that no steps had been taken by Australia to reverse the burden of proof in civil proceedings involving racial discrimination to alleviate the difficulties facedby complainants in establishing the burden of proof. It recommended that the RDA beamended in this regard.
24
 6. According to the Special Rapporteur on indigenous people, the Government reportedthat the National Congress of Australia’s First Peoples will play a key role in advancingconstitutional recognition of Aboriginal and Torres Strait Islander First Peoples.
25
CERDrecommended that Australia consider the negotiation of a treaty agreement to build aconstructive and sustained relationship with indigenous peoples.
26
 

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