Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Human rights

Australia’s initial report under the Convention on the Rights of Persons with Disabilities – Public consultation

Australia believes that the protection and promotion of human rights is every nation’s responsibility and that the function of government is to safeguard the dignity and rights of individuals, whose lives should be free of violence, discrimination, vilification, and hatred.

Australia has a proud human rights record. We enjoy a strong democratic tradition, a transparent and independent judicial system and a free press. Our society is characterised by a sense of egalitarianism.

But no nation is without its human rights challenges and we do not rest on our laurels. We continue to strive to protect and promote human rights and to address disadvantage.

Australia's United Nations Human Rights Reports

Australia is a party to the seven key human rights treaties

  1. The International Covenant on Civil and Political Rights (ICCPR)
  2. Convention on the Rights of the Child (CRC)
  3. Convention Against Torture (CAT)
  4. The International Covenant on Economic, Social and Cultural Rights (ICESCR)
  5. Convention on the Elimination of All Forms of Racial Discrimination (CERD)
  6. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  7. Convention on the Rights of Persons with Disabilities (CRPD)

States parties are required to submit periodic reports on the measures taken to give effect to their obligations under the treaties.

The Australian Government Attorney-General’s Department (AGD) has responsibility for the preparation of the periodic reports under the ICCPR, CRC, CAT and CRPD.

For Australia’s reports under ICESCR and CERD visit the Department of Foreign Affairs and Trade (DFAT) website.

For Australia’s report under CEDAW visit the Office for Women website.

Latest reporting – UN Convention against Torture

Australia’s fifth periodic report under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is due on 1 August 2012.

In accordance with new UN reporting procedures, Australia has adopted to respond to what the CAT Committee term a ‘List of Issues Prior to Reporting’. A copy of the List of Issues Prior to Reporting is available on the CAT Committee’s website. This list is prepared by the CAT Committee drawing from previous reports and appearances, as well as updated information from various sources, including other UN bodies and non-government organisations. The Government’s response to the list of issues will constitute Australia’s Fifth Report.

Input into Australia’s Fifth Report will be welcomed from  State and Territory governments, relevant Australian Government agencies, the Australian Human Rights Commission, individuals and interested non-government organisations.

The consultation process

We are interested in hearing your views on the issues set out by the CAT Committee in the List of Issues Prior to Reporting. We would be particularly interested in your feedback on which issues we should give prominence to in Australia’s next report, noting the UN has strict page limits for treaty reporting.

We are also interested in receiving input in relation to any new measures or developments relevant to Australia’s general obligations as set out in the articles of CAT that you believe should be highlighted in Australia’s report.

Information should be provided for the reporting period 1 January 2005 – 30 June 2012.

We will use the information and feedback provided through this consultation process to guide the drafting of Australia’s next CAT report. A draft copy of the report will be placed on this website in early 2012 for further consultation.

Submission of responses

You can submit your response electronically to humanrights@ag.gov.au or by mail
 
Attorney-General’s Department
Human Rights Engagement Section
Robert Garran Offices
BARTON ACT 2600
 
Submissions close 4 November 2011.

Optional Protocol to the Convention against Torture

Australia signed the Optional Protocol to the Convention Against Torture and Other Forums of Inhuman and Degrading Treatment or Punishment (OPCAT) on 19 May 2009. The OPCAT builds on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and helps States meet their obligations under CAT. The key aim of the OPCAT is to prevent the mistreatment of people in detention. Australia is currently taking steps towards its ratification, including considering the steps necessary at the domestic level to facilitate visits by the Subcommittee on the Prevention of Torture.

Latest reporting – Convention on the Rights of Persons with Disabilities

Australia ratified the Convention on the Rights of Persons with Disabilities on 17 July 2008. Under the Convention, Australia is required to periodically submit a comprehensive report on measures taken to promote the rights and freedoms of those with disabilities. Australia submitted its initial report to the United Nations on 3 December 2010, which is International Day of People with Disability.

The report is Australia’s first since becoming a party to the Convention, and explains Australia’s policies, programs and laws relating to the rights of persons with disabilities.

The report is currently available in Word and PDF format, and will be made available in HTML format in April 2011. If you would like to be notified when the HTML version of the report becomes available, or if you have any other accessibility requirements, please send an email to crpdreport@ag.gov.au

For more information, visit the United Nations Convention on the Rights of Persons with Disabilities page.

Common Core Document and ICCPR and ICESCR reports

Australia’s Common Core Document, incorporating Australia’s Fifth Report under the ICCPR and Fourth Report under the ICESCR, was submitted to the United Nations on 25 July 2007.

Australia prepared its Common Core Document as part of its reporting obligations under international human rights instruments. As envisaged by the Harmonised Guidelines elaborated by the UN’s Inter-Committee Meeting of the human rights treaty bodies, Australia's Core Document contains general information to supplement specific reports submitted to the various UN human rights committees. The Core Document also incorporates Australia's Fourth Report under the ICESCR and Australia's Fifth Report under the ICCPR. DFAT and AGD adopted a coordinated approach to preparing these reports.

The Core Document was prepared in consultation with all State and Territory governments and relevant Australian Government departments and agencies. Public consultation was also undertaken.

The Harmonised Guidelines and guidelines for preparing reports under other human rights treaties have been compiled in the UN document HRI/GEN/2/Rev.5 (Office of the High Commissioner for Human Rights website).

Australia appeared before the UN Human Rights Committee on 23 and 24 March 2009, for consideration of its Fifth Report under the ICCPR. Australia’s written response to the Committee’s List of Issues, and other relevant documents, are available on the Committee’s session webpage.

The Human Rights Committee released its Concluding Observations in relation to the March appearance on 3 April 2009. In addition to noting some positive developments, the Committee made a number of recommendations which it believes will improve Australia’s compliance with the ICCPR. The Government was asked to provide relevant information to the Committee on its implementation of four particular recommendations within a year.

A request for consideration of the Committee’s Concluding Observations and recommendations, and for a report back to the Attorney-General’s Department on what action is being or can be taken to address each issue raised by the Committee was sent to all relevant Commonwealth agencies, and State and Territory governments.

The Attorney-General’s Department also invited the public to submit comments on the Concluding Observations and recommendations, and suggestions as to what follow-up action might be taken. Comments received from the public and interested NGOs were fed back to relevant Commonwealth departments and States and Territories for inclusion in their consideration of the Committee’s recommendations. The Australian Government completed its written response to the Concluding Observations in December 2010.

Other treaty reports

Australia submitted its Fourth Report under the Convention Against Torture in April 2005. It was considered by the Committee Against Torture in April 2008.

The Committee released its Concluding Observations on Australia’s Fourth Periodic Report and appearance on 16 May 2008. In addition to a number of positive observations, the Committee made 27 recommendations about Australia’s further implementation of the Convention. On 12 November 2010 Australia submitted a Final Response to the Additional Observations of the Convention Against Torture Committee.  The response included and explanatory memorandum in relation to the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill.

The Government's approach to the appearance reflected its intention to engage positively with human rights treaty bodies, and to demonstrate the seriousness with which it takes its obligations as a party to the Convention. The Government took the same approach to responding to the Committee. Accordingly, the Government undertook consultation with all relevant Federal agencies, States and Territories and AHRC on follow-up action to the Committee’s recommendations. The Government also invited NGOs to submit comments on the concluding observations and recommendations, and suggestions as to what follow-up action might be taken by 30 August 2008.  As requested by the Committee, the Government’s response to four of the Committee’s questions was provided to the Committee in May 2009. 

Third Optional Protocol to the Convention on the Rights of the Child

A resolution on the Third Optional Protocol establishing an individual communications (complaints) mechanism under the Convention on the Rights of the Child was adopted by the United Nations General Assembly on 2 November 2011.  It is likely that the Third Optional Protocol will open for signature in 2012.

The Australian Government will be considering whether to sign the Third Optional Protocol and invites comments of no longer than three pages by Friday 6 January 2012.

Please send your submissions to CRCOP3@ag.gov.au.

The text of the General Assembly resolution, including the final text of the Third Optional Protocol can be found on the United Nations website.