United Nations Human Rights Council – 17^th session, 8
June 2011

Statement by Australian Human Rights Commission on the adoption of the
Universal Periodic Review (UPR) report on Australia

This statement is made on behalf of the Australian Human Rights Commission,
which is Australia’s ‘A status’ national human rights
institution.^[1]

The Commission welcomes the report of Australia’s appearance in the UPR
process and the Government’s response tof the recommendations.

The Government is to be commended for its frank and robust engagement in the
UPR process, both in the formal working group session and in engaging with the
Commission, NGOs and civil society throughout the process.

The Commission warmly welcomes the voluntary commitments made by the
Government during the UPR process, including:

• incorporating all accepted recommendations into Austrfalia’s
  forthcoming National Action Plan on Human Rights and
• making an interim report to the Human Rights Council prior to
  Australia’s next UPR appearance.

We look forward to working
with the government to ensure that these commitments make a substantial impact
in improving the protection of human rights in Australia.

Chair, the Commission welcomes the Government’s acceptance of
recommendations to progress ratification of OPCAT and to ensure appropriate
conditions in detention.

However, we have released numerous reports expressing concern about the
conditions in immigration detention facilities, the excessive timeframes for
which people are being held in detention, the mental health impacts of
indefinite detention, and the ongoing detention of hundreds of children in
immigration detention facilities. ^[2]

The Commission has consistently stated that the current system of mandatory
and indefinite immigration detention is not in compliance with Australia’s
international human rights obligations, and we continue to urge the Government
to reform this system accordingly.

The Commission welcomes the Government’s acceptance of recommendations
122, 124 and 125. We see these recommendations as including that any
arrangements for regional processing of asylum seekers will fully comply with
the Refugee Convention and Australia’s human rights
obligations.^[3]

Chair, the Commission will continue its role of monitoring and advocating for
improved human rights protections in Australia, including in relation to
immigration matters and other recommendations not accepted by the Government at
this time.

Thank you.

^[1] Operating in compliance with
the UN Principles relating
to the Status of National Institutions for the Promotion and Protection of Human
Rights (the ‘Paris
Principles’).

^[2] See
further: http://www.humanrights.gov.au/human_rights/immigration/idc2011_villawood.html, http://www.humanrights.gov.au/human_rights/immigration/idc2011_leonora.html, http://www.humanrights.gov.au/human_rights/immigration/idc2010_darwin.html and
http://www.humanrights.gov.au/human_rights/immigration/idc2010_christma….

^[3] See further: http://www.humanrights.gov.au/about/media/media_releases/2011/38_11.html.