A/HRC/17/2
regarding the ratification of Optional Protocol to the Convention against Torture, and Other
Cruel, Inhuman or Degrading Treatment or Punishment, ensuring appropriate conditions of
detention. Noting that the current system of mandatory and indefinite immigration
detention was not in compliance with Australia’s international obligations, the Commission
continued to urge the Government to reform the system accordingly. It also welcomed the
acceptance of recommendations 122, 124 and 125 on the understanding that any
arrangements for the regional processing of asylum seekers would comply fully with the
Refugee Convention and Australia’s human rights obligations.
478. The European Region of the International Lesbian and Gay Federation also on
behalf of Australian Coalition for Equality, urged Australia to introduce a comprehensive
human rights act and to enact legislation addressing systematic discrimination and
promoting substantive equality. Commending measures on the equal treatment of same-sex
partners in de facto marriages, they regretted Australia’s rejection of the recommendation to
allow same-sex partners to marry. They noted the recent amendment to national sex
discrimination laws, whereby state and territory laws were not discriminatory when
requiring gender diverse persons to divorce before affirming their gender. They called on
Australia to reconsider its position on marriage equality and to make public commitments
to introducing anti-discrimination laws and policies in accordance with the Yogyarkata
Principles.
479. Human Rights Watch was concerned that Australia’s policies and practices
regarding refugees and asylum seekers might run counter to its international obligations.
Using as an example a bilateral agreement currently being pursued, it called on Australia to
abandon such agreements. It also noted that asylum seekers were detained as a matter of
course, indicating that, of 6,730 people in immigration facilities, 6,079 were undergoing
refugee status assessments. It urged Australia to end mandatory detention of asylum
seekers, and to enact legislation providing that they are only detained when strictly
necessary and as a last resort, and that children are not routinely detained. It also urged
Australia to set limits on immigration detention, to provide for regular judicial review, and
to ensure that detainees have equal access, among others, to legal counsel and physical and
mental health services.
480. Verein Südwind Entwicklungspolitik urged Australia, as the only country in the
world with such a system, to end its mandatory, not time-limited and non-reviewable
detention system of all unauthorized arrivals, including children, and to incorporate
international human rights obligations into domestic law through adoption of a federal
human rights act. Meanwhile, it urged Australia to comply with its key detention values,
especially concerning asylum seekers arriving by boat, to make greater use of communitybased detention, particularly for the most vulnerable, to stop third-country processing, and
to amend immigration detention laws. It noted that Australia had rejected the
recommendation concerning a compensation scheme for Aborigines and Torres Strait
Islanders disregarding their rights to equality before the law and restitution for past wrongs.
481. The Indian Council of South America expressed doubts that the National Congress
of Australia’s First Peoples would not be used as rubber stamp mechanism. It referred to
the partial acceptance of recommendation 24, and rejected the notion that this would not
amount to the continuing denial of the rights of Indigenous peoples on the ground. It noted
that Australia had yet to implement the recommendations of the Special Rapporteur on the
rights of indigenous peoples. It questioned Australia’s intention to implement its
obligations under the Declaration on the Rights of Indigenous Peoples, and stated that the
rejection of the establishment of a national compensation plan for stolen generations was
unacceptable.
482. The Islamic Human Rights Commission was concerned at the alienation and
marginalization experienced by Muslim citizens, who face prejudice and hostility, and
156
GE.12-13630
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