The Joint NGO Statement sets out a range of concrete recommendations to strengthen the individual complaints mechanisms of UN human rights bodies so as to:

• enhance the promotion, protection and fulfilment of human rights;
• assist States to properly understand and discharge their human rights obligations;
• contribute to the accountability of perpetrators of human rights violations; and
• secure access to effective remedies for victims of human rights violations.

The Joint NGO Statement has been prepared as a key input to the process of reform to strengthen the UN human rights treaty bodies initiated by the UN High Commissioner for Human Rights in 2009. The strengthening process is intended to make the work of treaty bodies more coordinated and effective and to enhance the fulfilment of human rights on the ground. The High Commissioner has invited inputs and proposals from states, NGOs, human rights experts and NHRIs in this regard.

The HRLC’s work coordinating the Joint NGO Statement on Strengthening Individual Communication Procedures builds on our work contributing to the Pretoria Statement of June 2011, another joint NGO paper which contains over 60 concrete and practical recommendations to improve the work of human rights bodies at the international level and the fulfilment of human rights on the ground.

• the role and functions of the Race Discrimination Commissioner and the powers of the Australian Human Rights Commission;
• developments related to the Northern Territory Emergency Response; and
• racially motivated violence, particularly against international students.

The HRLC has provided an update to the Australian Government and to the Committee on Australia’s response to the Concluding Observations. 

The Pretoria Statement – which was prepared by NGOs including Amnesty International, the International Service for Human Rights, the Centre for Human Rights (South Africa), CELS (Argentina) and the Human Rights Law Centre (Australia) – contains over 60 concrete and practical recommendations to improve the work of human rights bodies at the international level and the fulfilment of human rights on the ground.

The statement is open for endorsement by other NGOs. If your NGO wishes to endorse the Pretoria Statement, please send a notification preferably before 15 August 2011 to melhik.bekele@up.ac.za.

UN human rights bodies are an essential part of the framework for the promotion and protection of human rights, complementing the work of regional and domestic human rights mechanisms, non-government organisations and national human rights institutions.

In 2009, the UN High Commissioner for Human Rights commenced a process of reform to strengthen the UN human rights treaty bodies. The strengthening process is intended to make the work of treaty bodies more coordinated and effective and to enhance the fulfilment of human rights on the ground. The High Commissioner has invited inputs and proposals from states, NGOs, human rights experts and NHRIs in this regard.

In response to this call, a civil society consultation was held in Pretoria on 20 and 21 June 2011, hosted by the Centre for Human Rights, Faculty of Law, University of Pretoria. This consultation examined and built on previous statements, including the 2009 Dublin Statement on the Process of Strengthening the UN Human Rights Treaty Body System (and the 2010 NGO response thereto), the 2010 Marrakech Statement, the 2010 Poznan Statement and the 2011 Seoul Statement.

The Pretoria Statement sets out over 60 recommendations, including as to:

• guiding principles of reform;
• the periodic reporting process;
• the review of states which fail to submit periodic reports;
• individual communications and remedies for human rights violations;
• follow up and implementation of human rights recommendations; and
• the protection of human rights defenders.

At its 102nd session in Geneva, the UN Human Rights Committee held a dialogue with NGOs and NHRIs as to how to enhance engagement between the Committee and civil society organisations and, through such coordination, to enhance the fulfilment of human rights on the ground.

The Human Rights Law Centre was pleased to contribute to and support an NGO Paper to the Committee, coordinated by the Centre for Civil and Political Rights and Amnesty International, which sets out a range of concrete and practical recommendations to enhance the complementary relationship between the Human Rights Committee, NGOs and NHRIs, including as to:

• the periodic reporting process;
• the review of states which fail to submit periodic reports; and
• follow up and implementation of human rights recommendations.

On 8 June 2011, Australia provided its formal response to 145 recommendations made through the UPR.  In total, the Government accepted approximately 90 percent of the recommendations in whole or in part.

These pages contain the following information:

• Universal Periodic Review Materials, including NGO materials and reports by the Australian Government, the Australian Human Rights Commission and the Australian NGO Coalition
• Updates from the NGO Coalition, including coverage of Australia’s UPR appearance and updates from the NGO delegation that travelled to Geneva in January and February 2011
• Outcomes of Australia’s UPR Appearance in January 2011, including the UN’s Draft Report on Australia
• Follow Up and Implementation, including opportunities for NGO involvement and collaboration between the adoption of the Draft Report and the delivery of Australia’s Formal Response
• Australia’s Formal Response to Recommendations of the UPR in June 2011, including statements from the Australian Ambassador and NGOs to the UN Human Rights Council
• Media Coverage and Press Releases about Australia’s UPR

The submission to the Commonwealth Attorney-General’s Department considers each of 145 recommendations made to Australia by the international community during Australia’s Universal Periodic Review before the UN Human Rights Council.

The recommendations ranged from enacting a comprehensive national Human Rights Act, to recognising same-sex marriage, to enshrining Indigenous and racial equality rights in the Constitution, to abolishing mandatory immigration detention.

The Centre’s submission considers each of these recommendations in terms of Australia’s concrete obligations under international human rights law and identifies whether, on that basis, they must be accepted, should be accepted, or should be rejected.

According to a legal analysis of the recommendations conducted by the Human Rights Law Centre, the Australian Government must immediately implement at least 55 of the UPR recommendations in order for Australia to avoid continuing breaches of its legal obligations under international law.  The HRLRC’s media release is available in [PDF] and [word].

Australian NGO Coalition

The Centre has also been involved in the coordination of a major NGO Coalition submission to the Attorney-General’s Department regarding prioritisation and practical implementation of the 145 recommendations.

The Australian Government has committed to fully consider the recommendations “in the coming months” and to formally respond to them at the UN Human Rights Council in Geneva in June. Australia’s response presents both a test and an opportunity for the protection of human rights at home and the enhancement of our international standing and reputation abroad.

For further information about Australia’s Universal Periodic Review, see http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation-updates/.

The delegation set out its view that the realisation of human rights should be a primary goal and instrument of Australian foreign policy and made over 30 recommendations as to actions for Australia to take as a principled and effective human rights champion, including in the areas of:

• the UN human rights system;
• women’s rights;
• Indigenous peoples’ rights;
• a human rights-based approach to aid and development;
• Australia’s role in Asia and the Pacific; and
• Australia’s role in relation to other countries.

Many of the recommendations build on and complement recommendations made by the Human Rights Law Centre in the following policy briefs:

• Foreign Policy and Human Rights: Australia as a “Principled Advocate of Human Rights for All”
• Human Rights in the Asia-Pacific: Australia’s Role and Responsibilities
• Business and Human Rights: Setting the Agenda
• “Promoting Human Rights and Fundamental Freedoms for All”: Australia’s Engagement with the UN Human Rights Council

The NGO delegation will be advocating and following up on implementation of many of the recommendations in the coming months.

The purpose of this List is to outline those issues which the Committee would like Australia to address and respond to in its next periodic report to the Committee, due in 2012. 

The issues on which the Committee specifically seeks information and responses from Australia include:

• information regarding the legal entrenchment of human rights in Australia, including through a Human Rights Act and constitutional recognition of Indigenous people;
• the human rights compatibility and impacts of counter-terrorism legislation, including in relation to the powers of ASIO and the AFP;
• mechanisms for monitoring and oversight of places of detention, including prisons;
• the right to health and access to adequate health care for detainees, including prisoners and persons detained in immigration facilities;
• trafficking of women and children;
• violence against women;
• the operation and impact of laws that criminalise homelessness and poverty;
• complementary protection and the prohibition against refoulement;
• the operation and impact of Australia’s refugee and asylum seeker policies, including in relation to mandatory detention, offshore processing, and the detention of families and children;
• the over-representation of Indigenous people and people with mental illness in the criminal justice and prison systems;
• Australia’s extradition law, policy and practice; and
• police use of force, the investigation of police-related deaths and police monitoring and accountability mechanisms. 

The List of Issues Prior to Reporting is available at www2.ohchr.org/english/bodies/cat/docs/followup/AdvanceVersion/Australia_AV_en.pdf. 

The Centre’s submission to the Committee, which significantly informed the Committee’s List of Issues, is at www.hrlrc.org.au/content/topics/counter-terrorism/torture-and-ill-treatment-submission-to-un-committee-against-torture-on-australia-24-august-2010/

On 9 November 2010, the Australian Government invited stakeholders for input on Australia’s approach to the draft optional protocol.

On 11 November 2010, the Human Rights Law Resource Centre made an Initial Submission to the Australian Government on the Elaboration and Adoption of a Third Optional Protocol to the CRC.

The HRLRC’s submission briefly sets out:

• the operation of the draft optional protocol;
• the need for the optional protocol;
• the benefits of the optional protocol; and
• Australia’s role in the elaboration and adoption of the optional protocol.

In July 2010, a coalition of non-government organisations (NGOs) from across Australia prepared a joint NGO submission to the Universal Periodic Review of Australia.  The submission was prepared with substantial input and guidance from a high-level NGO Working Group and was endorsed, in whole or part, by 68 organisations. 

To assist States, NHRIs and NGOs to participate in the Universal Periodic Review of Australia, the NGO coalition has prepared a range of thematic fact sheets.

• Cover Page
• Fact Sheet 1 – Constitutional and legislative framework
• Fact Sheet 2 – Equality and non-discrimination laws
• Fact Sheet 3 – Women’s rights
• Fact Sheet 4 – People with disability
• Fact Sheet 5 – Children’s rights
• Fact Sheet 6 – Sexual and gender identity
• Fact Sheet 7 – Aboriginal and Torres Strait Islander Peoples
• Fact Sheet 8 – Refugees and asylum seekers
• Fact Sheet 9 – Culturally and linguistically diverse communities
• Fact Sheet 10 – Administration of justice
• Fact Sheet 11 – Housing and homelessness
• Fact Sheet 12 – Poverty
• Fact Sheet 13 – Mental health care
• Fact Sheet 14 – Counter-terrorism
• Fact Sheet 15 – Police
• Fact Sheet 16 – Prisoner and prison conditions
• Fact Sheet 17 – Extraterritorial obligations

A consolidated version of all of the Fact Sheets is also available.

UPR Process

Further information on Australia’s review under the UPR process is available at www.hrlrc.org.au/content/topics/international-human-rights-mechanisms/universal-periodic-review-of-australia-in-february-2011/.