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1 Introduction

  1. This Annual Report identifies important milestones as well as challenges that remain in human rights protection in Australia. It provides an annual reflection on Australia’s progress in addressing commitments that the Government has made to protect human rights, as well as identifying emerging concerns.
  2. The Report is the second in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review (UPR) at the United Nations (UN) Human Rights Council, scheduled for July 2015.[1] The 2012 UPR Progress Report has been prepared by the Australian Human Rights Commission on behalf of the Australian Council of Human Rights Agencies (ACHRA), a body that brings together all Commonwealth, State and Territory anti-discrimination and human rights bodies.

About the Universal Periodic Review process

  1. Australia participated in the first cycle of the UPR at the UN Human Rights Council in January 2011. The UPR is a unique process that involves a review of the human rights records of all 192 UN Member States once every four years. The UPR aims to improve the human rights situation in all countries, by creating a process where governments are held to account by the international community for their human rights situation.[2]
  2. During Australia’s review in 2011, 52 countries asked questions in regards to Australia’s human rights record. One hundred and forty five recommendations were made covering a wide range of human rights issues including the ratification of international human rights treaties, domestic implementation of human rights obligations, the rights of Aboriginal and Torres Strait Islander peoples, the rights of asylum seekers, refugees and migrants, counter-terrorism laws, the rights of persons with disabilities and the rights of women and children.
  3. The Australian Government appeared before the Human Rights Council to deliver its formal response to the recommendations in June 2011. The delegation acknowledged that while Australia has a broad range of laws and policies to ensure the promotion and protection of human rights, challenges exist in particular areas. The Australian Government accepted in full or in part over 90 per cent of the recommendations.[3] By doing so, it has agreed to take actions to progress these issues over the four year period from 2011–2015.
  1. Since the 2011 UPR Progress Report,[4] the Australian Government has made progress in implementing UPR recommendations in the following areas:
    • the development on the National Disability Insurance Scheme
    • the implementation of a National Racism Strategy
    • the passage of legislation to establish a National Children’s Commissioner.
  2. In other areas progress has been slow and significant gaps in human rights protection remain. ACHRA is particularly concerned at the ongoing use of mandatory immigration detention and at the transfer of asylum seekers to third countries. The lack of progress in implementing the National Disability Strategy and the UN Declaration of the Rights of Indigenous Peoples at the domestic level are also of great concern.
  3. ACHRA notes that the Government has committed to finalising a National Action Plan on Human Rights as the framework for responding to the UPR recommendations, and monitoring progress. The National Action Plan has been developed with community input and is likely to provide a useful basis for engagement, once finalised.
  4. This report is organised in accordance with the thematic groupings and headings that are used in the UPR process.

[1] In March 2012 the then President of the Australian Human Rights Commission presented the first annual UPR implementation report on behalf of ACHRA to the UN Human Rights Council.

[2] See generally the Office of the High Commissioner for Human Rights, Universal Periodic Review, http://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspx, (viewed 2 November 2012).

[3] Human Rights Council, Draft report of the Working Group on the Universal Periodic Review – Australia, UN Doc. A/HRC/WG.6/10/L.8 (2011). At http://www.ohchr.org/EN/HRBodies/UPR/Pages/AUSession10.aspx (viewed 5 October 2012).

[4] Australian Council of Human Rights Agencies (ACHRA), UPR Progress Report (2011). At http://www.humanrights.gov.au/upr/ACHRA_UPR_Progress_Report_2011.html#fn24/ (viewed 5 October 2012).