31/14 Report of the Working Group on the Universal Periodic Review - Australia

Human Rights Council Thirty-first session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Australia

* The annex to the present report is being circulated in the language of submission only.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 4

II. Conclusions and/or recommendations .............................................................................................. 12

III. Voluntary pledges and commitments ............................................................................................... 29

Annex

Composition of the delegation ......................................................................................................... 31

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-third session from 2 to 13

November 2015. The review of Australia was held at the 12th meeting on 9 November

2015. The delegation of Australia was headed by First Assistant Secretary, International

Law and Human Rights Division, Attorney-General’s Department, John Reid. At its 17th

meeting held on 12 November 2015, the Working Group adopted the report on Australia.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Australia: Germany, Japan and Namibia.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Australia:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/23/AUS/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/23/AUS/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/23/AUS/3).

4. A list of questions prepared in advance by the Czech Republic, Liechtenstein,

Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, the United Kingdom of Great

Britain and Northern Ireland and the United States of America was transmitted to Australia

through the troika. These questions are available on the universal periodic review extranet.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation expressed the support of Australia for the universal periodic review

and noted the country’s long tradition of robust commitment to supporting and promoting

human rights internationally. In line with that tradition, Australia was seeking a seat on the

Human Rights Council during 2018-2020 to strengthen its global leadership on human

rights.

6. Australia thanked the Australian Human Rights Commission and civil society

organizations for their involvement in the review process, and reaffirmed its commitment to

engage in a wide-ranging and balanced human rights debate.

7. As part of the country’s positive engagement with the universal periodic review, the

delegation announced nine voluntary commitments (see section III below).

8. Two members of Parliament were part of the delegation, Philip Ruddock and Anne

McEwen, the Chair and Deputy Chair, respectively, of the Human Rights Sub-Committee

of the Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade. Mr.

Ruddock is also the Chair of the Parliamentary Joint Committee on Human Rights.

9. Mr. Ruddock explained the role of the Joint Committee in promoting human rights

domestically by means of the requirement for laws to be accompanied by a statement of

compatibility with human rights.

10. Mr. Ruddock and Ms. McEwen also discussed two current Sub-Committee

inquiries, into the advocacy of Australia for the abolition of the death penalty and into

challenges facing women and girls of the Indian Ocean-Asia Pacific region. The former

inquiry built on the long-standing position of Australia as an advocate for global abolition

of the death penalty, exploring options to enhance that advocacy. The latter inquiry was

investigating barriers and impediments to enhancing the human rights of women and girls,

especially the impact of family and sexual violence, women’s leadership and economic

opportunities.

B. Interactive dialogue and responses by the State under review

11. During the interactive dialogue, 104 delegations made statements.

Recommendations made during the dialogue are to be found in section II of the present

report.

12. Djibouti welcomed various initiatives to improve the situation of indigenous

peoples, and the universal programmes on education, health and employment.

13. Egypt noted that reports concerning racial discrimination and violence, rising

Islamophobia, mandatory immigrant detention and policy of the pushback of boats required

attention and the situation of indigenous Australians remained of concern.

14. Estonia welcomed Parliament’s recommendation to explicitly refer to indigenous

peoples in the Constitution.

15. Fiji noted with concern that the commitment of Australia to reducing greenhouse gas

emissions would not be sufficient and that its third-country processing regime for asylum

seekers breached human rights.

16. France inquired about the policy of pushing back boats of migrants and drew

attention to the precarious situation of refugees receiving only temporary visas.

17. Georgia welcomed the appointment of the full-time Human Rights Commissioner

and highlighted Australian efforts to contribute to gender equality and good governance.

18. Germany made a statement.

19. Ghana was concerned at alleged ill-treatment of asylum seekers in offshore

processing centres.

20. Greece highlighted the commitment of Australia to constitutionally recognizing

indigenous peoples and the importance of the work of the Human Rights Commission.

21. Guatemala welcomed the holding of a referendum on recognition of indigenous

peoples in the Constitution and shared the concerns regarding the pushing-back to sea of

boats of asylum seekers.

22. The Holy See acknowledged efforts to empower persons with disabilities and to

close the gap between indigenous and non-indigenous Australians and its commitment to

combating trafficking in persons.

23. Honduras welcomed the establishment of the National Disability Insurance Scheme.

24. Hungary noted the intention to hold a referendum to constitutionally recognize

indigenous Australians. It expressed concern that no progress has been made on ratifying

the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.

25. Iceland expressed concern about reports of the treatment of asylum seekers in

immigration detention and the legal protection of children in families headed by lesbian,

gay, bisexual, transgender and intersex persons.

26. India urged the revision of laws and policies to fully recognize and protect the rights

of the indigenous peoples across the nation.

27. Indonesia appreciated the requirement that a statement of compatibility with human

rights accompanied any federal legislation, and the plans on disability and reducing

violence.

28. The Islamic Republic of Iran expressed concern about the mandatory immigration

detention regime and the lack of measures to prevent child exploitation and violence against

women and children.

29. Iraq was pleased with efforts to recognize indigenous people in the Constitution and

reform programmes for indigenous children and their employment.

30. Ireland encouraged equal recognition of same-sex marriage and was concerned at

the postponed Special Rapporteur visit, the continued detention of children in offshore

centres and the overrepresentation of Aboriginal and Torres Strait Islanders peoples in

detention.

31. Israel welcomed the continued efforts to achieve a gender diversity target of 40 per

cent on government boards and various measures on gender, disability and trafficking.

32. Italy appreciated the adoption of the National Action Plan to Combat Human

Trafficking and Slavery 2015-2019 and the commitment to hold a referendum to

constitutionally recognize indigenous Australians.

33. Japan was concerned at reports that indigenous peoples were subjected to

discrimination and at the transfer of asylum seekers to other countries, while commending

the acceptance by Australia of a large number of immigrants.

34. Kenya welcomed measures to improve the human rights of the most vulnerable in

society.

35. The Lao People’s Democratic Republic commended efforts to promote the rights of

indigenous people and progress in improving gender equality.

36. Libya called for more efforts to combat discrimination and promote the rights of the

indigenous peoples in areas of health, education and childhood.

37. Lithuania commended the progress in implementing the National Plan to Reduce

Violence against Women and their Children 2010-2022.

38. Luxembourg welcomed federal protections against discrimination based on sexual

orientation or gender identity and noted the remaining challenges regarding the treatment of

migrants and discrimination against indigenous peoples.

39. Malaysia noted achievements in ensuring gender equality and the rights of persons

with disabilities; however, there was room to improve the realization of the rights of

indigenous peoples.

40. Maldives inquired about efforts made to address climate change and reduce

greenhouse gas emissions to safe levels.

41. Mauritius commended the reform agenda of Australia for indigenous affairs and

welcomed its multicultural policy.

42. Mexico commended progress in public spending and human rights promotion and

noted efforts to constitutionally recognize indigenous peoples.

43. Montenegro asked about the concrete measures undertaken to address violence,

exploitation and abuse experienced by women and girls with disabilities in institutional

settings.

44. Morocco welcomed awareness-raising measures to combat discrimination against

Australian indigenous populations and commitments to combat slavery and human

trafficking.

45. Mozambique noted the National Disability Strategy and Insurance Scheme, which

were in line with human rights conventions.

46. Australia, responding to recommendations, noted that it was actively considering the

ratification of the Optional Protocol to the Convention against Torture and its

implementation in a federal system.

47. In addressing observations and recommendations relating to immigration, the

delegation explained Australia was committed to ensuring that its position as one of the top

three resettlement countries referred to by the Office of the United Nations High

Commissioner for Refugees (UNHCR) continued. Its strong border protection mechanisms

had been successful in hampering the people smuggling trade and saving lives at sea.

48. Regarding regional processing arrangements, the delegation explained that the

Government respected the jurisdiction of both Nauru and Papua New Guinea as sovereign

countries, and noted that both countries had agreed to treat transferees with dignity and

respect and ensure that relevant human rights standards, as well as the principle of non-

refoulement, were met.

49. The delegation explained that mandatory immigration detention was not exercised

arbitrarily and that there had been significant headway in reducing the numbers of children

held in detention. It was the Government’s position that children were not held in

immigration detention centres but accommodated in alternative places of detention. The

delegation explained that the country’s immigration detention network was under

independent scrutiny by a range of bodies, including the Commonwealth Ombudsman and

the Australian Human Rights Commission.

50. The delegation noted the National Action Plan to Combat Human Trafficking and

Slavery 2015-2019. Australia reaffirmed its commitment to efforts that strengthened

regional frameworks on irregular migration and human trafficking, including the Bali

Process on People Smuggling, Trafficking in Persons and Related Transnational Crime.

51. Myanmar welcomed the appointment of the Human Rights Commissioner to

advance civil and political rights, the commitment to reducing the gender gap and the $4.4

billion Families Package.

52. Namibia noted initiatives to improve the livelihoods of indigenous peoples and

commended the introduction of the Child Care Subsidy and Child Care Safety Net.

53. The Netherlands encouraged adequate funding for initiatives to reduce violence

against women, while noting that lesbian, gay, bisexual, transgender and intersex persons

were de facto discriminated against in the Marriage Act.

54. New Zealand commended amendment of the Sex Discrimination Act and noted that

further work was needed in the area of indigenous and minority rights.

55. Nicaragua welcomed the holding of a referendum that sought to constitutionally

recognize indigenous peoples.

56. Nigeria commended the National Anti-Racism Partnership and programmes for

persons with disabilities and urged Australia to hold the constitutional referendum.

57. Norway was concerned at conditions for asylum seekers and that the

disproportionately high rate of incarceration of indigenous persons remained a critical

issue.

58. Pakistan noted with concern the increasing number of incidents of violence against

women and growing poverty and homelessness, especially of women, the elderly and

children.

59. Panama welcomed the publication of the National Human Rights Action Plan in

2012 and the Multicultural Policy against racism.

60. Paraguay welcomed the adoption of gender equality legislation and policies for

persons with disabilities and expressed concern about the situation of migrants, refugees

and asylum seekers.

61. Peru recognized progress regarding the Multicultural Policy and the forthcoming

referendum on the constitutional recognition of indigenous peoples.

62. The Philippines encouraged Australia to continue to address the concerns of

indigenous peoples and to protect the rights of migrants and asylum seekers by devising

alternatives to detention.

63. Poland was concerned about the situation of indigenous children, but welcomed

efforts to include new anti-discrimination guarantees in the Constitution.

64. Portugal recalled the interrelated, interdependent and mutually reinforcing nature of

all human rights.

65. The Republic of Korea welcomed the country’s Human Rights Framework and

noted that the rights of indigenous peoples and asylum seekers could still be improved.

66. The Republic of Moldova welcomed actions to redress past profound injustices

faced by indigenous peoples and certain disadvantages still experienced today.

67. The Russian Federation noted the slow progress in implementing recommendations

and suggested that the Government carried out the promised referendum on constitutional

recognition.

68. Rwanda expressed concern at the continued detention of migrants and asylum

seekers and the continued disparities in access to services for indigenous communities.

69. Senegal welcomed the establishment of the Parliamentary Joint Committee on

Human Rights, the Multicultural Policy and the National Anti-Racism Partnership.

70. Serbia commended efforts to eliminate discrimination against marginalized groups

and encouraged continued efforts to promote gender equality in the workplace.

71. Sierra Leone commended several human rights policies and was concerned at

reports of the forced repatriation of migrants and asylum seekers and the situation in

offshore detention centres.

72. Singapore commended efforts to promote gender equality and empower women and

recognized the National Disability Strategy’s inclusive approach.

73. Slovakia welcomed efforts to recognize indigenous Australians in the Constitution

and emphasized the need to ensure the rights of children in immigration detention were

equally protected.

74. Slovenia commended the nomination of the first indigenous representative to the

Government and was concerned at reports about conditions in offshore processing centres

and mandatory detentions.

75. South Africa was concerned about the continued absence of an entrenched guarantee

of non-discrimination in current laws, resulting in continued racial discrimination against

indigenous peoples.

76. Spain recognized efforts made, particularly the preparation of a national human

rights action plan and the reform of the legislation on sexual discrimination.

77. Sri Lanka acknowledged the challenges associated with providing welfare for

migrants and protecting their rights.

78. Sweden noted that Australia was the only country in the world that used offshore

processing and mandatory detention of asylum seekers.

79. Switzerland remained concerned about legislation on migrants and its application. It

regretted the rejection of its recommendation in that regard during the first review cycle.

80. Tajikistan welcomed the steps taken to prevent torture and violence and age-related

discrimination and noted efforts in combating people trafficking.

81. Thailand commended continued engagement with civil society in the review

process. It hoped the Government would continue promoting regional cooperation to

address growing migration crises.

82. The former Yugoslav Republic of Macedonia enquired about measures to decrease

violence against women, especially indigenous women, and about the implementation of

the Indigenous Advancement Strategy.

83. Timor-Leste appreciated progress on the establishment of the Parliamentary Joint

Committee on Human Rights and on recommendations to refer explicitly to indigenous

people in the Constitution.

84. Trinidad and Tobago noted the full-time Human Rights Commissioner and the

commitment to closing gaps in health, education and employment opportunities for

indigenous Australians.

85. Tunisia encouraged the ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance and the Optional Protocol to the

Convention against Torture, reform of the juvenile justice system, review of Australian

migration policy and strengthened efforts to combat and prevent racist violence.

86. The delegation noted the ongoing implementation by Australia of the National

Disability Strategy and the creation of the National Disability Insurance Scheme, which

was designed to provide lifetime support to people with significant and permanent

disability and their carers.

87. Australia assured delegates of its support of the right of people with disability to

exercise their legal capacity and recognized that, in some cases, people with disabilities

might require support in exercising that capacity. Regarding forced sterilization, the

delegation noted that a sterilization procedure could only occur with the person’s consent

or, if the person were unable to give valid consent, with authorization from a court or

guardianship tribunal.

88. The delegation responded to recommendations and concerns regarding violence

against women, explaining the content of the National Action Plan to Reduce Violence

against Women and their Children 2010-2022. The delegation gave an overview of the

newly announced Women’s Safety Package and national campaign to accelerate the efforts

to reduce violence against women.

89. The delegation explained Australian efforts to promote women’s participation in the

workforce and their economic security, providing an overview of investments to improve

the accessibility and affordability of childcare, support women in small business and help

unemployed women to become job ready.

90. The delegation noted the country’s commitment to closing the gap between

indigenous and non-indigenous Australians. The Government was committed to building a

partnership with indigenous Australians and consulting them on decisions that affected

them. A new regional network had been established, allowing the Prime Minister’s

Department’s officials to work directly with Aboriginal and Torres Strait Islander

communities.

91. The delegation discussed the Indigenous Advancement Strategy and initiatives to

improve outcomes in education, health and employment and to provide economic

development opportunities for indigenous Australians. It outlined initial outcomes from

activities to improve school attendance rates in remote areas. The Government was funding

initiatives to directly tackle indigenous incarceration rates and provided substantial funding

for indigenous interpreting services to combat language barriers faced in relation to legal

and justice matters.

92. Turkey applauded the commitment to the constitutional recognition of Aboriginal

and Torres Strait Islander peoples, encouraged efforts to eradicate violence against women

and remained concerned about the rights of migrants.

93. Ukraine encouraged Australia to remain committed to implementing its obligations

pertaining to the rights of women, older persons, refugees and asylum seekers.

94. The United Arab Emirates noted reports of discrimination and racism, particularly

associated with Islamophobia and against indigenous people.

95. The United Kingdom of Great Britain and Northern Ireland encouraged the

Government to work with indigenous communities through the Indigenous Advancement

Strategy and welcomed the commitment to implement the Moss Review’s

recommendations.

96. The United States of America encouraged Australia to ensure humane treatment and

respect for asylum seekers and noted the concerns of some remote Western Australian

indigenous peoples about government support for their communities. It welcomed the

package addressing domestic violence.

97. Uruguay encouraged Australia to continue its good work on reducing violence

against women and children and for women’s economic empowerment and leadership, and

hoped that the Optional Protocol to the Convention against Torture would soon be ratified.

98. Uzbekistan noted with satisfaction the intention to hold a referendum, the reform of

criminal legislation and the adoption of national action plans.

99. Viet Nam appreciated recent human rights achievements and commended the

country’s bilateral dialogues and provision of technical assistance.

100. Afghanistan welcomed efforts undertaken by Australia to empower persons with

disabilities through the National Disability Insurance Scheme.

101. Albania commended progress on the freedoms of speech and of religion, the

appointment of the full-time Human Rights Commissioner and measures for

multiculturalism. It encouraged further improvement on indigenous peoples’ human rights.

102. Algeria noted that, despite measures taken, the gender pay gap persisted and

encouraged the stepping up of efforts to protect the rights of migrants and asylum seekers.

103. Angola noted the solid human rights protection system in a multicultural country

where each state and territory had its own body responsible for combating discrimination

and promoting equal opportunity.

104. Argentina commended the launching of the Second National Plan to Reduce

Violence against Women and their Children and noted efforts to support different groups of

the population.

105. Armenia underscored Australian engagement in the prevention of crimes against

humanity. It welcomed the adoption of the National Action Plan to Combat Human

Trafficking and Slavery.

106. Azerbaijan welcomed the National Human Rights Action Plan and the establishment

of a public online database of recommendations from United Nations human rights

mechanisms.

107. Bahrain was concerned with reports on the conditions of refugees and asylum

seekers and denial of their rights and the lack of efforts to respect the rights of indigenous

peoples and disabled persons.

108. Bangladesh commended the Family Tax Benefit and Australian engagement in the

Nansen Initiative. It was concerned at reports of discrimination and racism.

109. Belarus expressed concern over the unsatisfactory situation of women in political

and professional life, domestic violence and non-compliance of the migration policy with

international standards.

110. Benin encouraged continued implementation of the National Framework for

Protecting Australia’s Children 2009-2020.

111. Bhutan recognized the contribution of Australia to supporting human rights

internationally and commended its strong national framework for protecting children.

112. The Plurinational State of Bolivia recognized progress made since the first review.

113. Botswana commended measures to address trafficking and family violence and

noted reports of mandatory sentencing disproportionately affecting indigenous peoples.

114. Brazil noted the deteriorating treatment of refugees and asylum seekers and

encouraged stepped-up efforts to eradicate poverty, in accordance with the 2030 Agenda for

Sustainable Development.

115. Canada welcomed the National Disability Strategy and encouraged continued

government work to reduce indigenous imprisonment.

116. Chad appreciated Australian advances in civil and political as well as economic,

social and cultural rights, particularly for gender equality, the rights of persons with

disabilities and children.

117. Chile valued the studies undertaken to ratify international human rights instruments

and progress in the promotion and protection of the rights of indigenous peoples.

118. China welcomed increased efforts in the field of indigenous affairs, gender equality,

the protection of persons with disabilities and the commitment to further assist refugees and

asylum seekers.

119. Colombia noted the adoption of national policies to combat racism and trafficking

and the National Disability Insurance Scheme.

120. Costa Rica recognized progress on women’s rights and was concerned about

allegations concerning the situation of older persons in residential homes, the indefinite

detention of persons with disabilities and discrimination against indigenous peoples.

121. Croatia noted many positive actions and asked about steps to increase the minimum

age of criminal responsibility and cease the detention of children in adult facilities.

122. Cuba noted the high level of indigenous Australians in prison, the excessive use of

force by police and that the concerns expressed by UNHCR about the response of Australia

to the arrival of migrants by sea should be fully taken into account.

123. The Czech Republic appreciated the response to some of its advance questions.

124. The Democratic People’s Republic of Korea remained concerned at the reported

maltreatment of refugees and asylum seekers and violations of the rights of Australian

indigenous people.

125. Denmark noted that Australia had still to ratify the Optional Protocol to the

Convention against Torture.

126. Ecuador welcomed Parliament’s proposed constitutional reform to include a

reference to Australian indigenous peoples and the 2010 legal amendments on prohibiting

torture and the death penalty.

127. The delegation addressed the rights of older persons, noting the strong legal

protections for the rights of older people and the prohibition of age discrimination in areas

of public life, including accommodation, education, employment and the provision of

goods and services.

128. The delegation discussed Australian commitment to addressing barriers to workforce

participation and the role of the Age Discrimination Commissioner and Ambassador for

Mature Age Employment in raising awareness of age discrimination and of the business

benefits of hiring older workers.

129. Responding to recommendations on sexual orientation, gender identity and intersex

status, the delegation noted the Government’s commitment to holding a plebiscite on

marriage equality after the next election. In 2013, Australia had amended its Sex

Discrimination Act to provide protection from unlawful discrimination on the basis of

sexual orientation, gender identity and intersex status. The delegation reported that

temporary exemptions from these new laws to facilitate any amendments necessary to state

and territory laws would not be extended beyond 31 July 2016.

130. The delegation noted that Australia encouraged businesses to apply the Guiding

Principles on Business and Human Rights in their operations. Australia encouraged

industry-led discussions on the implementation of the Guiding Principles and was

considering further what role Government might play to support this. There were already

comprehensive domestic laws in relation to anti-discrimination, privacy, employment

conditions and criminal offences for serious misconduct, such as forced labour, slavery and

torture.

131. Turning to racism and multiculturalism, the delegation explained the role of the

dedicated Race Discrimination Commissioner in promoting social harmony and community

resilience, including through the successful “Racism. It Stops With Me” campaign. The

delegation noted the Multicultural Access and Equity Policy, which acknowledged an

obligation on government departments and agencies to provide equitable access to services

regardless of the cultural or linguistic background of clients.

132. Responding to comments on children within the criminal justice system, the

delegation explained that the minimum age of criminal responsibility in Australia was 10

years. However, the application of the safeguard principle of doli incapax between the ages

of 10 and 14 provided a gradual transition to full criminal responsibility. Mandatory

minimum sentences did not apply to any offences committed by children under federal law,

and in states and territories where mandatory sentencing did apply to children, it applied

only in very limited circumstances.

133. Regarding concerns about the treatment of prisoners, Australian states and territories

delivered corrective services in line with the Standard Guidelines for Corrections in

Australia, which were generally consistent with internationally accepted standards, such as

the Standard Minimum Rules for the Treatment of Prisoners.

134. In closing, the delegation thanked all delegations for their constructive and

considered comments, questions and recommendations. The delegation expressed its thanks

for the active involvement of civil society and noted the further consultation process.

135. The delegation expressed the hope that the future responses of Australia to the

recommendations would highlight its steadfast and ongoing commitment to the universal

periodic review, human rights mechanisms more broadly and the protection and promotion

of human rights in Australia, the region and the world.

II. Conclusions and/or recommendations**

136. The following recommendations will be examined by Australia which will

provide responses in due time, but no later than the thirty-first session of the Human

Rights Council in March 2016:

136.1 Ratify the international human rights instruments to which it is not a

party and bring its internal legal framework into line with international

obligations (Trinidad and Tobago);

136.2 Consider the ratification of human rights conventions to which it is

not yet a State party (Plurinational State of Bolivia);

136.3 Consider ratifying the Optional Protocol to the Convention against

Torture (Ghana);

136.4 Consider favourably the ratification of the Optional Protocol to the

Convention against Torture (Peru);

136.5 Take further steps towards ratifying the Optional Protocol to the

Convention against Torture (Ukraine);

136.6 Initiate the accession procedure to the Optional Protocol to the

Convention against Torture (Serbia);

136.7 Ratify the Optional Protocol to the Convention against Torture

(Estonia);

136.8 Ratify the Optional Protocol to the Convention against Torture

(Georgia);

136.9 Ratify the Optional Protocol to the Convention against Torture

(Italy);

136.10 Ratify the Optional Protocol to the Convention against Torture

(Lithuania);

136.11 Ratify the Optional Protocol to the Convention against Torture

(Luxembourg);

**

The conclusions and recommendations have not been edited.

136.12 Ratify the Optional Protocol to the Convention against Torture

(Montenegro);

136.13 Ratify the Optional Protocol to the Convention against Torture

(Paraguay);

136.14 Ratify the Optional Protocol to the Convention against Torture

(Switzerland);

136.15 Ratify the Optional Protocol to the Convention against Torture (the

former Yugoslav Republic of Macedonia);

136.16 Ratify the Optional Protocol to the Convention against Torture

(Turkey);

136.17 Ratify the Optional Protocol to the Convention against Torture

(Albania);

136.18 Ratify the Optional Protocol to the Convention against Torture

(Azerbaijan);

136.19 Ratify the Optional Protocol to the Convention against Torture

(Benin);

136.20 Ratify the Optional Protocol to the Convention against Torture in

keeping with the commitment undertaken by Australia during its previous

UPR (France);

136.21 Expedite the ratification of the Optional Protocol to the Convention

against Torture and establish a National Preventive Mechanism for places of

detention (Republic of Moldova);

136.22 Ratify the Optional Protocol to the Convention against Torture

without further delay, as previously recommended (Denmark);

136.23 Ratify and effectively implement, before its next UPR cycle, the

Optional Protocol to the Convention against Torture (Czech Republic);

136.24 Ratify the Optional Protocol to the Convention against Torture and

implement a National Preventative Mechanism (New Zealand);

136.25 Ratify the Optional Protocol to the Convention against Torture and

promptly implement it (Chile);

136.26 Expedite the ratification process of the Optional Protocol to the

Convention against Torture in order to allow for the early establishment of a

National Preventive Mechanism (Hungary);

136.27 Expedite the ratification of the Optional Protocol to the Convention

against Torture and establish a National Preventative Mechanism (Sweden);

136.28 Speed up the process of the on-going consultations on the ratification

of the Optional Protocol to the Convention against Torture in the hope that the

country ratifies this important instrument for the protection and promotion of

human rights (Mozambique);

136.29 Step up efforts to ratify the Optional Protocol to the Convention

against Torture (Philippines);

136.30 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Italy);

136.31 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

136.32 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Uruguay);

136.33 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Albania);

136.34 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Italy);

136.35 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Montenegro);

136.36 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Mexico);

136.37 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Algeria);

136.38 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Ghana);

136.39 Consider the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Plurinational State of Bolivia);

136.40 Sign and ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Turkey);

136.41 Accede to the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Sri Lanka);

136.42 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Egypt);

136.43 Ratify on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Honduras);

136.44 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Indonesia);

136.45 Ratify International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families Senegal);

136.46 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families Convention on Migrant

Workers (Sierra Leone);

136.47 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Bahrain);

136.48 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Benin);

136.49 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families and promptly implement

it (Chile);

136.50 Consider ratifying the International Convention on the Protection of

All Persons from Enforced Disappearance (Ghana);

136.51 Ratify the International Convention on the Protection of All Persons

from Enforced Disappearance (Japan);

136.52 Ratify the International Convention on the Protection of All Persons

from Enforced Disappearance (Sierra Leone);

136.53 Accede to the International Convention on the Protection of All

Persons from Enforced Disappearance and recognize the competence of the

Committee (Uruguay);

136.54 Ratify the International Convention on the Protection of All Persons

from Enforced Disappearance (Cuba);

136.55 Consider ratifying the Amendments to the Rome Statute of the

International Criminal Court adopted in Kampala, Uganda in 2010 (Ghana);

136.56 Ratify the ILO Convention No. 138 on the minimum age for

admission to employment (Uzbekistan);

136.57 Ratify the ILO Convention No. 169 (Chile);

136.58 Continue its efforts at the international level towards the prevention

of crimes against humanity (Armenia);

136.59 Withdraw its reservation on article 4 (a) of the International

Convention on the Elimination of All Forms of Racial Discrimination (South

Africa);

136.60 Submit overdue reports to the Committee on the Elimination of

Racial Discrimination, the Committee on Economic, Social and Cultural

Rights, the Human Rights Committee and the Committee on the Elimination of

Discrimination against Women (Sierra Leone);

136.61 Implement recommendations from the Committee against Torture

(Timor-Leste);

136.62 Take urgent measures for the implementation of the

recommendations of the UNHCR, the United Nations Human Rights Treaty

Bodies and Special Procedures as regards asylum seekers and illegal migrants

(Belarus);

136.63 Cooperate fully with the Special Procedures of the Human Rights

Council and ensure everyone enjoys the right to unhindered access to and

communication with the United Nations, its representatives and mechanisms,

including by preventing and ensuring adequate protection against reprisals

(Ireland);

136.64 Analyse the possibility of creating a follow-up system to the

international recommendations (Paraguay);

136.65 Extend the mandate of the Joint Parliamentary Committee on

Human Rights to include the domestic consideration and oversight of

implementation of recommendations from United Nations human rights

mechanisms (United Kingdom of Great Britain and Northern Ireland);

136.66 Engage closely with civil society in the follow-up on the

recommendations of the Human Rights Council (Trinidad and Tobago);

136.67 Revise the decision to reduce the AHRC’s funds in order to guarantee

its independent and effective functioning (Hungary);

136.68 Carry out an assessment of plans of action on human rights and

ensure that these instruments are effective in practice (Belarus);

136.69 Prepare a comprehensive national action plan defining

responsibilities, benchmarks and indicators to measure progress achieved

(Panama);

136.70 Consolidate national human rights efforts through a federal human

rights act and reinvigorating the National Human Rights Plan of Action

(Indonesia);

136.71 Fully incorporate its international human-rights obligations into

domestic law by introducing a comprehensive judicially enforceable federal

Human Rights Act (Iceland);

136.72 Incorporate international human rights obligations into domestic law

by adopting a comprehensive Human Rights Act at federal level (Turkey);

136.73 Consider establishing a comprehensive human rights act as

recommended by the National Human Rights Consultative Committee

(Canada);

136.74 Advance efforts towards the recognition of Indigenous Australians as

Australia’s First People in Australia’s Constitution (Georgia);

136.75 Continue its ongoing efforts towards the promotion and protection of

the rights of indigenous persons, through law and practice, including by giving

constitutional recognition (Sri Lanka);

136.76 Implement Constitutional recognition of Indigenous Australians and

continue to exert efforts to fully implement the Indigenous Advancement

Strategy in order to ensure the indigenous people have sufficient access to

health services, education and employment opportunities (Republic of Korea);

136.77 Implement the recommendations from the Special Rapporteur on the

rights of indigenous peoples (Costa Rica);

136.78 Continue to promote and strengthen the rights of Indigenous peoples

(Djibouti);

136.79 Continue its efforts to guarantee the human rights of Indigenous

peoples (Holy See);

136.80 Work towards ensuring full respect for the human rights of

indigenous people, and continue the ongoing consultations and with a serious

pace with the indigenous peoples, regarding the implementation of legislation

entitled “Towards a better future” (Bahrain);

136.81 Strengthen measures to eliminate discrimination against persons

belonging to indigenous populations (France);

136.82 Harmonize legislation relating to the recognition of the rights of

indigenous peoples, at all levels, with the International Convention on the

Elimination of All Forms of Racial Discrimination (Honduras);

136.83 Revise laws and national, regional and local policies to fully recognize

and protect the rights of indigenous peoples in domestic law uniformly

throughout the nation (Cuba);

136.84 Adhere to the United Nations Declaration on the Rights of Indigenous

Peoples (Senegal);

136.85 Develop in partnership with Aboriginal and Torres Strait Islander

peoples a National Strategy to give effect to the United Nations Declaration on

the Rights of Indigenous Peoples, and to facilitate the constitutional recognition

of Aboriginal Australians (Estonia);

136.86 Develop, in partnership with indigenous communities, a national

strategy to implement the United Nations Declaration on the Rights of

Indigenous Peoples (Hungary);

136.87 Continue to support indigenous institutions that bring cohesion to

communities, such as the National Congress of the First Peoples of Australia

(Peru);

136.88 Take necessary measures to ensure consultation and participation of

indigenous peoples in the processes of the elaboration of public policies that is

of interest to them (Paraguay);

136.89 Ensure adequate consultations with indigenous peoples in the

formulation of policies affecting them (India);

136.90 Take all necessary measures to ensure Aboriginal and Torres Strait

Islander Peoples give their consent to the development and implementation of

policies and programmes that impact upon their communities and futures

(Namibia);

136.91 Ensure that indigenous peoples are consulted when considering the

viability of remote communities, and that those affected by closures of

communities receive transitional support and unimpeded access to ancestral

lands (United States of America);

136.92 Implement policies oriented to the development of remote

communities and ensure the full enjoyment of economic, social and cultural

rights of indigenous peoples interested in remaining in their land of origin

(Mexico);

136.93 Continue to work towards closing the existing gaps in the protection

of human rights and the promotion of welfare for indigenous peoples in order

to achieve sustainable economic and social development (Thailand);

136.94 Continue ongoing efforts to close the gaps in opportunities between

indigenous and non-indigenous Australians (Italy);

136.95 Implement the recommendations of the International Conference on

Population and Development (ICPD) Programme of Action, to close the gap

between Indigenous and non-Indigenous Australians in health, education,

housing and employment (Canada);

136.96 Continue efforts to close the gap in opportunities and life outcomes

between Indigenous and non-Indigenous Australians, according to the Close the

Gap Campaign and its Progress and Priorities report 2015 (Croatia);

136.97 Continue making progress in the implementation of the Indigenous

Advancement Strategy to promote better opportunities in the areas of

education, health and employment for indigenous communities (Colombia);

136.98 Continue its efforts in closing the gap between indigenous and non-

indigenous Australians in health, education, employment opportunities and

access to justice (Malaysia);

136.99 Make further efforts to protect and promote the human rights of

indigenous people, including the taking of measures to address the issue of

poverty among them (Japan);

136.100 Take effective legislative and practical measures for the

comprehensive protection and promotion of civil, social, economic and cultural

rights of indigenous peoples (Uzbekistan);

136.101 Eliminate the disparities in access to services by Aboriginal and

Torres Strait Islander children and their families, especially by reviewing the

Australian birth registration process in order to ensure that all children are

registered at birth (Poland);

136.102 Continue strengthening the efforts in promoting and protecting non-

racial discriminatory policy and specifically also ensure that Aboriginal

children have access to birth registration (Timor-Leste);

136.103 Step up efforts to address the economic and social inequalities

affecting the indigenous peoples (Luxembourg);

136.104 Ensure that Aboriginal and other indigenous communities are

accorded equal access to services including to judicial remedies for

discrimination and racism (Rwanda);

136.105 Continue strengthening the access mechanisms to social services for

the Aboriginal and Torres Strait Islander children (Timor-Leste);

136.106 Take legislative measures to continue to guarantee rights and equal

treatment for the indigenous people in order to ensure national cohesion and

social harmony (Angola);

136.107 Take immediate measures to ensure that the indigenous people of

Australia have access to health services, education, and to full employment

opportunities (Maldives);

136.108 Continue strengthening measures to address disparities in the access

to education and health services for aboriginal and islander children and their

families (Ecuador);

136.109 Continue to implement the necessary measures to ensure indigenous

children access to quality education (Lao People’s Democratic Republic);

136.110 Continue to implement indigenous education reforms (Slovakia);

136.111 Ensure access to good-quality education, including postgraduate

education and vocational training, for indigenous women (United Arab

Emirates);

136.112 Intensify efforts in enhancing the rights of Indigenous Australians: by

addressing the underlying causes of their plight, by providing opportunities in

health, education, housing and employment; and addressing the high rate of

their incarceration in prison (Kenya);

136.113 Reduce the rate of family separation of indigenous peoples caused,

among others, by the removal of babies and children from their families and

the imprisonment of juveniles and adults (Paraguay);

136.114 Continue concerted efforts for the preservation of the cultural and

linguistic identity of Indigenous peoples (Greece);

136.115 Take further efforts to protect the special cultures of the indigenous

people and enhance protection to the cultural archaeology (Iraq);

136.116 Remove from the Constitution provisions allowing racial

discrimination (Russian Federation);

136.117 Enact comprehensive legislation that fully guarantees the application

of the principle of non-discrimination and ensure the full enjoyment of all

human rights by every member of society (South Africa);

136.118 Strengthen further already existing anti-discriminatory measures

and laws (Morocco);

136.119 Scale up its efforts to ensure equal protection against all forms of

discrimination (Trinidad and Tobago);

136.120 Enact comprehensive equality legislation that will provide effective

remedies and address discrimination on all grounds (Serbia);

136.121 Strengthen anti-discrimination legislation in order to prevent racial,

religious and social discrimination (Uzbekistan);

136.122 Put an end to racism and racial discrimination, in particular, against

the indigenous people, including demolition of buildings and discontinuation of

funding to essential and municipal services in indigenous communities pursued

by both federal and local governments, as well as the enforced sterilization and

adoption of indigenous women and children (Democratic People’s Republic of

Korea);

136.123 Continue paying special attention to the implementation of national

policies for marginalized or vulnerable social groups, including migrant

children, aboriginals and disabled persons (Nicaragua);

136.124 Reinforce the measures to combat discrimination against minority

groups, particularly towards persons with disabilities, older persons and

religious minorities (Argentina);

136.125 Continue to address the problem associated with racial

discrimination and policy disparities against indigenous persons (Nigeria);

136.126 Revise laws and policies to recognize and protect the rights of the

minorities, including Indigenous People (Islamic Republic of Iran);

136.127 Continue to address inequalities affecting human rights in the areas

of health, education, employment and income that disproportionately affect

indigenous peoples and other minority groups (New Zealand);

136.128 Affirm their commitment to an inclusive society by continuing to

support National Anti-Racism Strategies and programmes aimed at building

social cohesion and community harmony (Namibia);

136.129 Continue further with its initiative to promote community cohesion

and social harmony (Mauritius);

136.130 Further promote multiculturalism including by taking measures

against incitement of discrimination or violence, based on race or religions, and

strengthening interfaith dialogue among communities (Indonesia);

136.131 Continue supporting the Multicultural Policy and National Anti-

Racism Partnership and Strategy including by enacting comprehensive equality

legislation (Ukraine);

136.132 Take more resolute measures in combating racial discrimination,

xenophobia and prejudices against members of religious and ethnic minorities,

including by actively promoting inter-cultural, inter-ethnic and inter-faith

understanding and tolerance (Malaysia);

136.133 Continue raising public awareness to combat discrimination,

particularly those stemming from Islamophobia and fears of terrorism

(Thailand);

136.134 Implement public awareness campaigns to promote tolerance and

respect for cultural diversity and to counter prejudice, stereotypes,

discrimination, racism, and Islamophobia (United Arab Emirates);

136.135 Continue to promote among Australians a comprehensive campaign

of tolerance and non-discrimination (Nicaragua);

136.136 Protect the rights of indigenous peoples, peasants and other people

working in rural areas (Plurinational State of Bolivia);

136.137 Reinforce measures against acts of racism, discrimination,

xenophobia and intolerance (Plurinational State of Bolivia);

136.138 Strengthen measures to combat racial discrimination, including

against incitement of discrimination or violence on racial, ethnic or religious

grounds (Botswana);

136.139 Prevent religiously motivated incidents against Muslims and promote

multiculturalism and tolerance (Azerbaijan);

136.140 Protect the right to religious belief of all persons in Australia

(Nigeria);

136.141 Continue to build on progress made in gender equality (Tajikistan);

136.142 Develop and implement policies to ensure gender equality throughout

society and strengthen the promotion and protection of the rights of women,

especially women from indigenous communities (South Africa);

136.143 Continue to promote gender equality and increase representation of

women in public services (Lao People’s Democratic Republic);

136.144 Implement measures to reduce the gender pay gap and strengthen

women’s roles in leadership and managerial positions (India);

136.145 Continue introducing measures needed to close the gender pay gap

(Israel);

136.146 Address the wage gender gaps and improve the status of women in

the labour market (Serbia);

136.147 Implement further measures to close the gender pay gap (Sierra

Leone);

136.148 Implement measures to bridge the gender pay gap (Algeria);

136.149 Establish mechanisms that would allow the reduction of the gender

gap in relation to wages and representation in the labour market (Chile);

136.150 Continue conducting awareness-raising activities on human rights,

especially rights of women, children, minorities and migrants, to law

enforcement officers (Viet Nam);

136.151 Continue efforts to achieve further economic empowerment of

women (Myanmar);

136.152 Implement the Workplace Gender Equality Act 2013, in letter and

spirit, to create socio-economic gender parity (Pakistan);

136.153 Strengthen efforts to combat family violence against women and

children, especially within indigenous communities (United States of America);

136.154 Make provision in its national legislation for the crime of domestic

violence and take all adequate measures to eliminate it (Portugal);

136.155 Penalize the ill-treatment of children, and adopt measures to

investigate and punish the situations of vulnerability with regard to women and

girls with disabilities (Chile);

136.156 Redouble its efforts to reduce violence against women and domestic

violence (Azerbaijan);

136.157 Step up efforts to combat domestic violence (Belarus);

136.158 Continue strengthening the measures taken to reduce violence

against women and their children (Libya);

136.159 Further effectively fulfil the National plan to Reduce Violence against

Women and their Children 2010-2022 by means of sustained funding,

independent monitoring and evaluation (Lithuania);

136.160 Ensure the effective implementation of the National Plan to Reduce

Violence against Women and their Children, in particular to protect Aboriginal

and Torres Strait Islander women, culturally and linguistically diverse women,

and women with disabilities (Singapore);

136.161 Continue with implementation of the National Plan to Reduce

Violence Against Women and their Children with a particular focus on support

services and resources available to women living in more remote areas, and

women from culturally and linguistically diverse backgrounds (Croatia);

136.162 Effectively implement the National Plan to Reduce Violence Against

Women and Their Children and strengthen its actions to reduce violence and

sexual abuse of women with disabilities and indigenous women (Czech

Republic);

136.163 Ensure that incidents of violence against women and children are

thoroughly investigated and perpetrators of violence are brought to justice

(Pakistan);

136.164 Make utmost efforts to protect women with disabilities and

indigenous women from all forms of violence and discrimination (Republic of

Korea);

136.165 Remove the reservation to the Convention on the Rights of the Child,

and prohibit corporal punishment of children in the home and all other settings

(Estonia);

136.166 Further promote protection of the rights of the child, giving emphasis

to Indigenous Children (Greece);

136.167 Take immediate measures to ensure that all children have access to

all levels of education and quality health services (Maldives);

136.168 Build on the achievements of the National Framework for Protection

of Australian children (2009-2020), (Morocco);

136.169 Comprehensively improve the effectiveness of measures to protect the

rights of the child (Tajikistan);

136.170 Continue with its efforts to protect all children, protect the rights and

interests of children and provide vulnerable children with better access to

childhood services (Bhutan);

136.171 Further strengthen efforts towards birth registration for all, with a

view to encouraging access to relevant procedures (Turkey);

136.172 Bring the Australian juvenile justice system in conformity with

international standards, including removing minors from the adult justice

system and ensuring their rehabilitation (Lithuania);

136.173 Reform the juvenile justice system in conformity with the

international standards and increase the protection of children involved in

penal proceedings (Poland);

136.174 Abolish the mandatory minimum sentencing of juvenile offenders

(Czech Republic);

136.175 Improve conditions in youth detention facilities, including through

ensuring independent and effective investigation of all allegations of human

rights violations therein (Czech Republic);

136.176 Develop alternatives to the mandatory sentencing laws placing

children as young as 10 years of age in juvenile detention centres (Denmark);

136.177 Abolish the sentencing of children to life in prison (Lithuania);

136.178 Raise the age of criminal responsibility to 18 years as recommended

by the Committee on the Rights of the Child (Iceland);

136.179 Raise the age of the criminal responsibility in accordance with

general comment No. 10 of the Committee on the Rights of Child (Uruguay);

136.180 Adopt national legislation prohibiting the use of sterilization of adults

without their consent, and of children (Germany);

136.181 End the practice of enforced sterilization of persons with disabilities

for non-therapeutic reasons (France);

136.182 Prohibit the sterilization of persons with disabilities, unless they

provide their free and informed consent (Spain);

136.183 Adopt national uniform legislation prohibiting, except where there is

a serious threat to life or health, the sterilisation of children and of adults with

disability, in the absence of prior, fully informed and free consent (United

Kingdom of Great Britain and Northern Ireland);

136.184 Prohibit the non-therapeutic sterilization of any individual who is not

mentally competent to consent (Canada);

136.185 Provide comprehensive disability protection, with particular

attention to the rights of children, while avoiding medical and political

practices that affect the freedom and dignity of persons with disabilities (Holy

See);

136.186 Continue its efforts for a full implementation, in all levels, of the

National Disability Strategy (Israel);

136.187 Establish a supported decision-making framework in relation with

people with disabilities (Israel);

136.188 Strengthen measures concerning people with disabilities (Libya);

136.189 Continue implementing legislation to address the multiple forms of

discrimination on the basis of disability (Panama);

136.190 Continue to promote and support programmes such as the Jobs

Access Gateway to equip persons with disabilities with the appropriate skills to

secure gainful employment (Singapore);

136.191 Strengthen measures to prevent all forms of discrimination, ill-

treatment or violence against persons with disabilities (Colombia);

136.192 Address on a priority basis to, at the administrative and legislative

level, the issue of the detention of persons with disabilities who have not been

convicted (Costa Rica);

136.193 Reinforce the measures to improve conditions of detention, especially

for persons with disabilities and the young, as well as to eliminate corporal

punishment (Holy See);

136.194 Prevent the indefinite detention of persons with mental disabilities

(Spain);

136.195 Introduce measures to address issues related to the treatment of

persons with disabilities, including considering the implementation of

recommendations from both the Australian Law Reform Commission’s report

on Equality, Capacity and Disability in Commonwealth Laws, and the Senate

inquiry into high levels of violence and abuse of persons with disabilities in

institutional and residential settings (New Zealand);

136.196 Guarantee the end of the unwarranted use of prisons for the

management of persons with disabilities (Islamic Republic of Iran);

136.197 Set up a commission of National Independent Inquiry on Violence

and Abuse against People with Disability (Islamic Republic of Iran);

136.198 Conduct a national independent investigation into cases of violence

and degrading treatment of persons with disabilities and persons suffering

from mental illness in institutions and homes for the disabled (Russian

Federation);

136.199 Prevent the excessive use of force by the police and investigate all

complaints thoroughly (Azerbaijan);

136.200 Intensify efforts to improve conditions in prisons, in particular to

address the problem of overcrowding and the high mortality in prisons

(Uzbekistan);

136.201 Ensure access to justice by all, including by repealing laws on

mandatory sentencing (Botswana);

136.202 Adopt the recommendation by the Committee against Torture to

review mandatory sentencing laws with a view to abolishing them (Norway);

136.203 Continue efforts to train authorities involved in the administration

and handling of justice in cases that affect indigenous peoples on the human

rights of this group of society and review the cases of indigenous detainees, in

particular children and women, with a view to providing them adequate

assistance (Mexico);

136.204 Continue to work, in partnership with Aboriginal and Torres Strait

Islander communities, to reduce indigenous incarceration rates (Ireland);

136.205 Increase efforts to reduce the imprisonment of indigenous

Australians (Uruguay);

136.206 Amend its electoral legislation so that any deprivation of the right to

vote of citizens serving a prison sentence is reasonable and proportionate and

applied only for the committing of the most serious crimes (Czech Republic);

136.207 Put equal emphasis and commitment on the realization of economic,

social and cultural rights (Portugal);

136.208 Consider treating economic, social and cultural rights on the same

footing, and with the same emphasis as civil and political rights (South Africa);

136.209 Protect the rights of older persons and persons with disability to

ensure their access to the labour market (Angola);

136.210 Take measures to ensure the universal access to healthcare services,

paying particular attention to the needs of persons living in rural and remote

areas (Portugal);

136.211 Improve the quality and coverage of its early childhood care and

education for indigenous children and children living in remote areas and

ensure adequate resources for implementing bilingual models of education

(Republic of Moldova);

136.212 Adopt a National Action Plan to implement the Guiding Principles on

Business and Human Rights (Netherlands);

136.213 Begin a consultative process towards adoption of a National Action

Plan on business and human rights (Norway);

136.214 Strengthen the normative framework for the protection of human

rights, including the monitoring, investigation and reparation for human rights

violations committed by Australian enterprises in their territories and in third

States (Ecuador);

136.215 Further contribute to the global realization of the right to

development including through ensuring that its annual ODAs (Official

Development Assistance)matches the internationally agreed level of 0.7% of the

GDP (Egypt);

136.216 Increase its ODA from the current 0.33% to 0.7% of the GDP (Sierra

Leone);

136.217 Adopt a clear road map to reach ODA target of 0.7 per cent of GNI

(Bangladesh);

136.218 Enhance bilateral cooperation with other countries in the field of

human rights especially through dialogue and technical assistance (Viet Nam);

136.219 Revise its Intended Nationally Determined Contribution to be in line

with a fair approach taken by other industrialised countries, so as to be

consistent with the full enjoyment of human rights by its people and those in

neighbouring countries (Fiji);

136.220 Open legal partnership models to all, regardless of their sexual

orientation or gender identity (Iceland);

136.221 Ensure that states’ legislation is consistent with the amended Sex

Discrimination Act 1984 (Israel);

136.222 Revise the Marriage Act of 1961 in a way that ensures full equality

with respect to the civil institution of marriage (Netherlands);

136.223 Legally recognize same-sex marriage (Spain);

136.224 Amend the federal Marriage Act to allow same-sex couples to marry

by changing the definition of marriage, and provide full recognition of same-sex

marriages from overseas (Sweden);

136.225 Provide protection to the family as the natural and the fundamental

unit of the society (Egypt);

136.226 Review the extent and scope of laws governing secret surveillance and

moderate the powers and discretion conferred on authorities in this regard

(India);

136.227 Take concrete measures in order to ensure that any interference with

the right to privacy comply with the principles of legality, proportionality and

necessity, regardless of the nationality or location of the individuals affected

(Brazil);

136.228 Ensure that an Australian cannot be deprived of citizenship other

than in exceptional circumstances and within the framework of a specific legal

procedure (France);

136.229 Continue increasing efforts to combat terrorism (Tajikistan);

136.230 Improve coordination on trafficking, the monitoring of the

implementation of anti-trafficking legislation, ensure the rights of victims are

protected, including the right to redress and economic and social support

(Lithuania);

136.231 Develop a National Plan to combat trafficking in human beings and

protect its victims (Russian Federation);

136.232 Consider the elaboration of a national and regional strategy for the

prevention of trafficking in human beings and further promote human rights

based approach to victims of trafficking (Slovakia);

136.233 Continue to take comprehensive measures to effectively fight against

human trafficking and stamp out the associated phenomenon of contemporary

forms of slavery (China);

136.234 Expand support to human rights education and training initiatives,

particularly for law enforcement officials handling migration issues

(Philippines);

136.235 Ensure that all migrant children, irrespective of their migration

status, have access to education and healthcare services in the exact same terms

as Australian children do (Portugal);

136.236 Protect the rights of Migrants and eliminate unfair treatment of

migrant workers, and ensure their integration in to society (Pakistan);

136.237 Consider reviewing existing migration policies to address concerns

that hinder accession to the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Philippines);

136.238 Undertake relevant safe measures on migrants trying to reach

Australian borders according to the International Convention on the Protection

of the Rights of All Migrant Workers and Members of Their Families

(Albania);

136.239 Take adequate steps to promote and protect the rights of asylum

seekers, refugees and migrants (India);

136.240 Further promote the safety and living conditions of migrants,

refugees and asylum seekers arriving in Australia (Greece);

136.241 Closely cooperate with the UNHCR and other relevant organizations

to provide more adequate protection and proper treatment of asylum seekers

and refugees (Republic of Korea);

136.242 Take under consideration making its migration and humanitarian

policies more flexible with a view to a larger reception of migrants and refugees

(Peru);

136.243 Improve conditions of reception and detention of refugees and

migrants in accordance with international standards (Uzbekistan);

136.244 Treat appropriately all the refugees, migrants and asylum seekers

who have reached the Australian shores, to effectively safeguard their human

rights (China);

136.245 Review its immigration laws and policies and ensure compliance with

its international obligations, especially regarding the rights of children (Fiji);

136.246 Review current immigration policies so to improve the rights of

refugees and asylum seekers (Italy);

136.247 Ensure refugee/asylum-seekers get their rights (Pakistan);

136.248 Ensure all children of asylum seekers are protected (Maldives);

136.249 Continue to respect the rights of asylum-seekers and refugees despite

the difficulties (Djibouti);

136.250 Review legislation on migration and refugee status (Mexico);

136.251 Make every effort to guarantee the human rights of asylum seekers,

bearing in mind international obligations (Holy See);

136.252 Ensure that the issues of asylum seekers and refugees are addressed

in line with the principles of the Bali Process, and Australia’s other human

rights and humanitarian obligations (Indonesia);

136.253 Ensure that Australia lives up to its international obligations

regarding asylum seekers and refugees (Rwanda);

136.254 Continue to ensure transparency and accountability in all procedures

related to its treatment of refugees and asylum seekers (Japan);

136.255 Ensure that no child is detained on the basis of his/her immigration

status (Luxembourg);

136.256 Remove children and their families and other individuals at risk, in

particular survivors of torture and trauma, from immigration detention centres

(Germany);

136.257 Cease the detention of children in immigration detention centres

(Maldives);

136.258 Immediately end the mandatory detention of migrant children and

ensure that the best interests of the children are respected (Slovenia);

136.259 Develop alternative solutions to mandatory detention of asylum

seekers, particularly in the case of children (France);

136.260 Repeal provisions which establish compulsory detention for those

who enter the country in an irregular manner (Guatemala);

136.261 Immediately halt mandatory detention of asylum seeker children

(Maldives);

136.262 Repeal the provisions establishing the mandatory detention of

persons entering its territory irregularly (Bangladesh);

136.263 End the policy of mandatory detention for all unauthorized arrivals,

ensure that detention is only applied as a last resort, establish statutory time

limits for detention and ensure access to an effective judicial remedy to review

the necessity of detention (Slovenia);

136.264 Review its national migration and asylum policies with a view to

bring them in line with the Convention against Torture as well as the

Convention on the Rights of the Child, particularly with regard to conditions of

detention (Honduras);

136.265 Ensure that conditions of detention are in line with international

norms and standards in particular the detention of migrants and asylum

seekers (Rwanda);

136.266 Take practical measures to cease the maltreatment of and violence

against the refugees, including sexual violence by the officials in detention

centres (Democratic People’s Republic of Korea);

136.267 Allow human rights organisations full access to detention centres

(Maldives);

136.268 Allow access to independent observers to centres of detention of

migrants which are outside of the Australian territory (Spain);

136.269 Ensure full compliance with its international obligations regarding

the right of asylum seekers and refugees by expediting the processing of

applications by asylum seekers at the various processing centres (Ghana);

136.270 Ensure that asylum seekers claims are processed in accordance with

the Convention relating to the Status of Refugees and that detention occurs

only when necessary, for a minimal period, and that access to judicial oversight

of detention is ensured (Norway);

136.271 Ensure that measures taken with regard to asylum-seekers are in full

compliance with obligations under international law and human rights,

including the principle of non-refoulement and that the detention of asylum-

seekers is only done when absolutely necessary and for a minimal period of

time (Sweden);

136.272 Do not detain migrants other than in exceptional cases, limit this

detention to six months and bring detention conditions into line with

international standards in the field of human rights, as previously

recommended (Switzerland);

136.273 Review the new federal immigration laws so to take into

consideration the humanitarian aspects of a possible expulsion of foreign

citizens with permanent resident visas, especially if they do not speak the

language of their citizenship or have no longer connections with the country of

origin of their family (Italy);

136.274 Ensure that asylum seekers have access to legal assistance during the

process and adopt measures, together with third countries, so that conditions in

the processing centres in countries with which Australia has agreements, are in

conformity with international laws and standards (Uruguay);

136.275 Closely monitor the processing of refugees and asylum seekers in

offshore centers to ensure that their human rights are respected (United States

of America);

136.276 Immediately close the Nauru and Manus Island detention centres

(Maldives);

136.277 Review the current regional offshore processing arrangement, and

policy of mandatory detention of refugees, stateless persons and migrants, and

uphold all human rights obligations towards refugees, stateless persons and

migrants, including the principle of non-refoulement (Kenya);

136.278 In line with its tradition as a resettlement country, reverse its policies

of mandatory detention and offshore processing (Brazil);

136.279 Stop the offshore processing of asylum requests (Luxembourg);

136.280 Ensure that all asylum seekers and refugees who arrive in Australia

are processed there regardless of their mode of arrival and ensure that the

conditions at the offshore processing centers comply with international law and

standards (Slovenia);

136.281 Review the policy of offshore processing of asylum seekers on Nauru

and Manus Island and review the implementation of the Migration and

Maritime Power Legislation Amendment Bill, making sure that the

international obligation of non refoulement is strictly upheld (Germany);

136.282 Ensure the full respect of the non-refoulement obligations, with

regard to all asylum seekers (Slovenia);

136.283 Respect fully the principle of non-refoulement enshrined in the

Convention relating to the Status of Refugees (Switzerland);

136.284 Adopt the necessary measures to put an end to the practice of

interception and return of asylum seekers, in conformity with international

refugee law and international human rights law (Argentina);

136.285 Put an end to the practice of pushing-back boats transporting

migrants to the high seas (Spain);

136.286 Respect its obligation not to return intercepted migrants in

international waters in conformity with international law and norms

(Guatemala);

136.287 Give full protection to asylum seekers in accordance with

international law, and abolish the practice of pushing the boats of asylum

seekers back at sea (Nigeria);

136.288 Cease its practice of interceptions and “push-backs” in its borders

(Bangladesh);

136.289 Proceed with the adoption and implementation of a code of conduct

for the treatment of asylum seekers, and stop the practice of intercepting and

pushing back the boats of the asylum-seekers into international waters, with the

implementation of measures consistent with the provisions of international law

and international standards (Bahrain);

136.290 Instil a transparent, human rights-based approach related to the

treatment of asylum seekers following their arrival, including the cessation of

transfers to third countries (Turkey).

137. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

III. Voluntary pledges and commitments

138. The Government of Australia committed to holding a referendum to recognize

Aboriginal and Torres Strait Islander Australians in the Australian Constitution in the next

term of Parliament. The Government will undertake a national consultation process to

ensure all Australians, and especially Aboriginal and Torres Strait Islander peoples, have an

opportunity to engage in this important national conversation.

139. Australia committed to resettling 12,000 refugees fleeing conflict in the Syrian Arab

Republic and Iraq. Australia will also provide humanitarian support to more than 240,000

Syrian and Iraqi people who have been forced to flee their homes or seek refuge in

neighbouring countries.

140. The Government of Australia committed to addressing the scourge of family

violence. A $100 million package of measures announced on 24 September 2015 will

provide a safety net for women and children at high risk of experiencing violence. The

package will improve frontline support and services, leverage innovative technologies to

keep women safe, and provide education resources to help change community attitudes to

violence and abuse. The package includes $21 million for specific measures to help

indigenous women and communities.

141. Australia committed to improving the way the criminal justice system treats people

with cognitive disability who are unfit to plead or found not guilty by reason of mental

impairment. As part of this, the Government committed to a national effort to analyse

existing data and develop best practice resources for our jurisdictions.

142. Australia committed to taking further steps to strengthen advocacy for the

worldwide abolition of the death penalty. This will be informed by the outcomes of a

recently established inquiry being undertaken by Parliament.

143. Australia committed to promoting and protecting the rights of older people

internationally by modelling and advocating better use of existing United Nations human

rights reporting mechanisms. Australia committed to including a dedicated section on the

rights of “older Australians” in all relevant human rights treaty and universal periodic

review reports. Australia will seek to have the rights of older persons reflected in United

Nations resolutions and encourage existing Special Rapporteurs to consider the application

of their mandate to older persons in close collaboration with the Special Rapporteur on the

enjoyment of all human rights by older persons.

144. Australia will continue taking steps to end unlawful discrimination on the grounds of

sexual orientation, gender identity and intersex status. The Government committed to

removing exemptions for Australian state and territory laws from the implementation of

national anti-discrimination laws. This commitment will take effect from 31 July 2016.

145. Australia committed to supporting the protection and promotion of human rights

through its foreign aid programme by promoting prosperity, reducing poverty and

enhancing stability. The delegation welcomed the adoption of the 2030 Agenda for

Sustainable Development and affirmed its commitment to advancing this agenda. The

Government committed to applying its Development for All: 2015-2020 strategy to

strengthen disability-inclusive development and its international Indigenous Peoples

Strategy 2015-2019 to advance the interests of indigenous peoples in Australia and around

the world.

146. Finally, the Government committed to work with the Australian Human Rights

Commission, to develop a public and accessible process for monitoring progress against

universal periodic review recommendations. This will include a periodic statement on

progress against the recommendations on behalf of the Government. Australia will also

designate a standing national mechanism to strengthen its overall engagement with United

Nations human rights reporting.

Annex

Composition of the delegation

The delegation of Australia was headed by Mr. John REID, and composed of the

following members:

Parliamentary Delegation

• The Hon Philip RUDDOCK MP, Chair, Human Rights Sub-Committee, Joint

Standing Committee on Foreign Affairs, Defence and Trade;

• Senator Anne McEWEN, Deputy Chair, Human Rights Sub-Committee, Joint

Standing Committee on Foreign Affairs, Defence and Trade;

Delegation

• Mr. John QUINN, Australian Permanent Representative to the United Nations and

Conference on Disarmament, Australian Permanent Mission to the United Nations,

Geneva;

• Mr. Andrew GOLEDZINOWSKI, Ambassador for People Smuggling Issues,

Department of Foreign Affairs and Trade;

• Mr. Paul PFITZNER, Acting Assistant Secretary, Human Rights Policy Branch,

Attorney-General’s Department;

• Mr. James CHRISTIAN, Group Manager, Disability, Employment & Carers Group,

Department of Social Services;

• Ms. Bronwyn FIELD, Assistant Secretary, Intergovernmental and Budget Branch,

Indigenous Affairs Group, Department of Prime Minister and Cabinet (Indigenous

Affairs);

• Mr. Bernard PHILIP, Assistant Secretary, Human Rights Branch, Department of

Foreign Affairs and Trade;

• Mr. Steve McGLYNN, Assistant Secretary, Legal Advice and Operational Support,

Department of Immigration and Border Protection;

• Ms. Kate WALLACE, Senior Advisor (Director), International Engagement,

Department of Prime Minister and Cabinet (Office for Women);

• Mr. Andrew SYMONDS, Senior Legal Officer, Universal Periodic Review Team,

Attorney-General’s Department;

• Mr. Kevin PLAYFORD, Director, Human Rights and Indigenous Issues Section,

Australian Department of Foreign Affairs and Trade;

• Ms. Tanya BENNETT, Deputy Permanent Representative to the United Nations,

Australian Permanent Mission to the United Nations, Geneva;

• Ms. Kate O’MALLEY, Minister Counsellor (Migration), Australian Permanent

Mission to the United Nations, Geneva;

• Ms. Emily HILL, Second Secretary, Australian Permanent Mission to the United

Nations, Geneva;

• Ms. Renee ARIAN, Human Rights Adviser, Australian Permanent Mission to the

United Nations, Geneva;

• Ms. Sally O’DONNELL, Executive Officer (Migration), Australian Permanent

Mission to the United Nations, Geneva;

• Ms. Jessica NGUYEN, Intern, Australian Permanent Mission to the United Nations,

Geneva;

• Ms. Julia BRAYBROOKS, Intern, Australian Permanent Mission to the United

Nations, Geneva;

• Mr. Richard GRIFFIN, Intern, Australian Permanent Mission to the United Nations,

Geneva.