A. Introduction
(2)
The Committee welcomes the submission of the third periodic report of Australia as well as the detailed and
thorough replies to the list of issues and the addendum, which provided additional information on the legislative,
administrative, judicial and other measures taken by the State party for the implementation of the Convention. The
Committee also notes with satisfaction the constructive dialogue held with a competent and multisectoral delegation.
(3)
The Committee notes with satisfaction that the State party has submitted its core document in accordance
with the requirements of the common core document in the harmonized guidelines on reporting under international
human rights treaties.
B. Positive aspects
(4)
The Committee notes with appreciation the legislative amendments adopted in 2005 related to the
immigration detention. In particular, the Committee welcomes:
(a)
The changes in law and in practice with respect to children in immigration detention;
(b)
The closure of the offshore processing centres in Nauru and Papua New Guinea and the decision to
end the so-called Pacific Strategy;
(5)
The Committee welcomes the Government’s apology to the Aboriginal and Torres Strait Islander peoples for
past policies and laws which resulted in the removal of children from their families and communities.
(6)
The Committee notes with appreciation the State party’s commitment to become a party to the Optional
Protocol to the Convention.
(7)
The Committee welcomes the State party’s ratification of the Rome Statute of the International Criminal
Court on 1 July 2002.
C. Main issues of concerns and recommendations
Article 1
(8)
The Committee, while noting that the Australian Government is considering the enactment in
Commonwealth law of a specific offence of torture which would have extraterritorial application, is concerned that
the State party does not have an offence of torture at the Federal level and that there are gaps in the criminalization
of torture in certain States and Territories (arts. 1 and 4).
The State party should ensure that torture is adequately defined and specifically criminalized both at
the Federal and States/Territories levels, in accordance with article 1 of the Convention.
Article 2
(9)
The Committee is concerned that the Convention has been only partially incorporated into Federal law and
noted that the State party does not have a constitutional or legislative protection of human rights at the Federal level,
i.e. a Federal Bill or Charter of Rights protecting, inter alia, the rights contained in the Convention.
The State party should fully incorporate the Convention into domestic law, including by speeding up
the process to enact a specific offence of torture at the Federal level. The State party should continue
consultations with regard to the adoption of a Bill of Rights to ensure a comprehensive constitutional
protection of basic human rights at the Federal level.
(10) The Committee, while noting that there are a number of legislative and procedural safeguards ensuring that
individuals are treated in accordance with their rights, is nonetheless concerned about the following issues related to
the State party’s anti-terrorism laws and practice:
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