Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697630344031.pdf (Australia)
JOINT STANDING COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE – HUMAN RIGHTS SUB-COMMITTEE Inquiry into human rights mechanisms and the Asia Pacific Supplementary information TABLE OF CONTENTS ITEM ISSUE PAGE 1.

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Ratification of major human rights instruments by Pacific countries, and related reporting Office of the High Commissioner for Human Rights (OHCHR) activities: Pilot programs in Vietnam and Pakistan Human Rights Technical Cooperation programs: reporting of outcomes Timing of Human Rights Council elections Australia’s aid program: addressing the needs of people with disability in Asia and the Pacific Radio Australia in the Asia Pacific The effectiveness of linking development assistance to human rights ANNEX Reporting against major human rights treaties by Pacific countries 2 5 1.
Ratification of major human rights instruments by Pacific countries, and related reporting The following instruments are the nine core human rights treaties: .

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International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) Convention on the Elimination of All Forms of Racial Discrimination (CERD) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Convention on the Rights of the Child (CRC) Convention on the Rights of Persons with Disabilities (CRPD) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) International Convention for the Protection of All Persons from Enforced Disappearance For the purpose of responding to this question, Pacific countries are considered to be: Cook Islands; Federated States of Micronesia; Fiji; Kiribati; Nauru; New Zealand; Niue; Palau; Papua New Guinea; Republic of Marshall Islands; Samoa; Solomon Islands; Tonga; Tuvalu; and Vanuatu.
Table 1 on page 4 shows which Pacific states are party to the major human rights treaties.

Reporting against human rights treaties Each major treaty has its own reporting requirements for States Parties: .

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ICCPR - States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years).

ICESCR - States must report initially within two years of acceding to the Covenant and thereafter every five years.
CERD - States must report initially one year after acceding to the Convention and then every two years.

CEDAW – States are expected to report at least every four years.

CAT - States must report initially one year after acceding to the Convention and then every four years.

CRC - States must report initially two years after acceding to the Convention and then every five years.

CPRD - States must report initially within two years of acceding to the Convention and thereafter every four years.
2 The tables in Annex 1 set out the reporting of each Pacific State Party against the major human rights treaties.

(Data sourced from the United Nations Treaty Body Database).
3 TABLE 1: Pacific countries – Treaty ratification Australia Cook Islands Federated States of Micronesia Fiji Kiribati Marshall Islands Nauru New Zealand Niue Palau PNG Samoa Solomon Islands Tonga Tuvalu Vanuatu ICESCR 10 Dec 75 ICCPR 13 Aug 80 CERD 30 Sept 75 10 Feb 73 28 Dec 78 S: 12 Nov 01 28 Dec 78 S: 12 Nov 01 22 Nov 72 21 Jul 08 17 Mar 82 21 Jul 08 15 Feb 08 27 Jan 82 17 Mar 82 21 Nov 08 CEDAW 28 Jul 83 1 Oct 85 (via NZ) 1 Sept 04 28 Aug 95 17 Apr 04 2 Mar 06 10 Jan 85 1 Oct 85 (via NZ) 12 Jan 95 25 Sept 92 6 May 02 6 Oct 99 8 Sept 95 CAT 8 Aug 89 CRC 17 Dec 90 6 Jun 97 CRPD 17 Jul 08 9 May 09 ICRMW DISAPP.
5 May 93 13 Aug 93 11 Dec 95 4 Oct 93 S: 12 Nov 01 10 Dec 89 27 Jul 94 6 Apr 93 25 Sept 08 20 Dec 95 4 Aug 95 2 Mar 93 29 Nov 94 10 Apr 95 S: 25 Sept 08 S: 15 Nov 07 22 Sept 95 7 Jul 93 23 Oct 08 S: 6 Feb 07 S: 6 Feb 07 Indicates the date of adherence: ratification, accession or succession Indicates the date of signature (NB: pending ratification) Source: UN Office of Legal Affairs, Treaty Section, New York in Ratification of International Human Rights Treaties: Added value for the Pacific Region, Discussion Paper July 2009, United Nations Office of the High Commission for Human Rights (OHCHR) 2.
Office of the High Commissioner for Human Rights (OHCHR) activities: Pilot programs in Vietnam and Pakistan One UN in Vietnam Vietnam is one of eight countries piloting the UN development reform process, recommended by the UN’s High Level Panel on System Wide Coherence in 2006.

The ‘Delivering as One’ pilots are testing the UN’s capacity to deliver in a more coordinated way at country level, through one program, one budgetary framework, one leader and one office.
In mid-2007, the first phase of the pilot began in Vietnam.

In June 2008, the Government of Vietnam and the UN system formalised the reform process by signing a ‘One UN’ plan – known as the ‘One Plan’.

Human Rights in One UN The One Plan identifies implementation of a human rights-based approach (HRBA) to development as a critical part of the UN’s role in assisting Viet Nam to meet its international commitments.
The programmatic work and other policy and advocacy initiatives in the area of a HRBA are coordinated by the UN inter-agency Human Rights Technical Working Group.

This has resulted in more efficient and effective use of resources and helped avoid programmatic overlaps and duplication.

In addition, the rights-based approach is fully integrated in key reform instruments, such as the One Plan Management Plan and joint UN Country Teams (UNCT) trainings.
In 2008, the UN Human Rights Technical Working Group coordinated a number of activities: an internal UN staff survey and needs assessment on human rights knowledge; a training session on human rights and HRBA for UN staff; development of a practical HRBA toolkit specific to Viet Nam; and marking 60 years of the Universal Declaration of Human Rights.

One of the main highlights in this area in 2008 was the UNCT’s support to the Universal Periodic Review (UPR).
The UNCT in Viet Nam was only the second UNCT globally to submit a consolidated UN human rights assessment to the Office of the High Commissioner for Human Rights (OHCHR), while also supporting the national UPR process.

The impact of such a unified approach, which took two years of time and effort, is now yielding tangible results.

The close and effective collaboration with the Government has allowed the UN to build a mutual relationship of trust and created new entry points for the UNCT.
As a result, the government is increasingly approaching the UNCT for support, especially in helping to build national capacity for reporting on treaty obligations.

The UN is able to respond with the resources available within the UNCT and also with Non-Resident Agencies.

UN reform has also meant that the UNCT is speaking with one voice and with consistency, which has increased confidence and credibility of the UN with external stakeholders.
OHCHR’s support to One UN in Vietnam OHCHR works through the Bangkok regional office with a small budget managed by the UN Human Rights Technical Working Group in Vietnam that facilitates mainstreaming of human rights into the One UN Program.

Technical advice from OHCHR has been mainly on HR treaty reporting and HRBA toolkit development.

OHCHR’s support for One UN in Pakistan Pakistan was another pilot country for One UN programs.
OHCHR had a human rights adviser deployed in Pakistan at the time One UN programs came into effect in 2007.

The human rights adviser was involved in early formative work on mainstreaming human rights work into joint programs.

The human rights adviser was withdrawn in February 2008.
Since that time, OHCHR has maintained contact with the UN country team in Pakistan, particularly in the context of the establishment of a new Human Rights Ministry within the Government and in relation to the drafting of new legislation for a new national human rights institution.

OHCHR’s capacity to provide support for One UN programs in Pakistan is limited.

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Human Rights Technical Cooperation programs: reporting of outcomes Australia operates Human Rights Technical Cooperation (HRTC) programs with China and Vietnam.

These are linked to the bilateral human rights dialogues.

HRTC programs are funded by AusAID and managed by the Australian Human Rights Commission.

For the China-Australia HRTC program, Australia provides $2 million per year in funding.
For the Vietnam-Australia HRTC program, Australia provided $560,000 for Phase I of the program (implemented over an 18 month period between 2006-08), and $900,000 for Phase II of the program (commencing September 2008).

Outcomes and achievements of the China-Australia HRTC are reflected in the AusAID Annual Program Performance Reports for China.

These reports are available on the AusAID website.


In addition, AusAID occasionally publishes reviews of the HRTC programs which are also available on the AusAID website.

The Australian Human Rights Commission does not comprehensively report on HRTC outcomes in its publications, apart from briefly mentioning some of the activities undertaken in its Annual Reports.

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Timing of Human Rights Council elections Elections for membership of the Human Rights Council are held annually in May.

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Australia’s aid program: addressing the needs of people with disability in Asia and the Pacific The Australian Government is committed to recognising and advancing the rights of people with disability and to being a regional and international leader in disability inclusive development.

The Government launched its new strategy, "Development for All: Towards a disability-inclusive Australian aid program 2009-2014" on 25 November 2008.
This is Australia's first explicit strategy to guide the aid program in addressing the needs of people with disability in our partner countries.

Development for All reflects the Government's commitment to accelerating progress towards the Millennium Development Goals, is aligned with Australia's national social inclusion agenda and is framed in the context of the United Nations Convention on the Rights of Persons with Disabilities to which Australia is party.
Importantly, it was developed in close consultation with people with disability in developing countries.

The overall goal of the Development for All strategy is to integrate eventually disability into all relevant processes and policies that form Australia’s aid program so that people with disability share equally in Australia’s assistance.
The strategy also reflects international best practice by investing in disability-specific initiatives to empower people with disability and decrease the barriers they face.

Implementation of the strategy will also strengthen prevention efforts, starting with avoidable blindness and road safety initiatives.

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Radio Australia in the Asia Pacific Radio Australia broadcasts to the following countries through AM and FM partner stations: American Samoa Palau Australia Cambodia Cook Islands India Indonesia Laos Nauru New Zealand Papua New Guinea Solomon Islands Thailand Timor-Leste Tonga Tuvalu Vanuatu Vietnam Radio Australia is also available in the Asia-Pacific via shortwave and around the world via its website.
On 12 August 2009, Radio Australia announced plans to reach audiences in Burma, including with a new Burmese language service.

Radio Australia’s FM transmitters in Suva and Nadi, Fiji, were shut down on 15 April 2009 by Fiji’s Ministry of Information.

Radio Australia had broadcast uninterrupted on FM in Fiji since 2004.

Radio Australia is still available to listeners in Fiji over shortwave frequencies and online.

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The effectiveness of linking development assistance to human rights The Australian Government is strongly committed to the promotion and protection of human rights.

We consider development assistance and human rights to be fundamentally connected and mutually reinforcing and recognise that the Australian aid program contributes to the advancement of all human rights.
For development assistance to be sustainable, individuals in developing countries must have secure and long-term access to the resources required to satisfy their basic rights and needs, be they economic, social, cultural, civil or political.

Australia recognises that the Millennium Development Goals (MDGs) are among the most important commitments to human rights that the international community has made since the Universal Declaration of Human Rights.
The aid program’s focus on the MDGs and on reaching the most marginalised people means that we are targeting those whose human rights are not being met.

Australia’s approach to good development practice – which includes using participative approaches to aid design and delivery, targeting the most vulnerable, and building the capacity of civil society and government institutions – advances human rights.

Australia’s aid program often operates in countries where human rights abuses exist.
Some argue the provision or level of aid should depend on a country’s respect for human rights and democracy.

This approach, however, can jeopardise the welfare of the poorest and most isolated.

Accordingly, linking aid or development assistance to a country’s human rights record will only be used in extreme circumstances.

Factors such as delivery mechanisms (the ability to deliver aid without benefiting the incumbent government) and in- country verification procedures will be relevant.
11 ANNEX 1: Reporting against major human rights treaties by Pacific countries International Covenant on Civil and Political Rights (ICCPR) State Party and periodic report number NEW ZEALAND Initial 2 3 4 5 PNG Initial SAMOA Initial VANUATU Initial Date due Date submitted 27/03/80 27/03/85 27/03/90 27/03/95 01/08/2007 21/07/2009 15/02/2009 21/11/2009 11/01/82 22/06/88 01/04/94 07/03/2001 26/12/2007 - - - 12 International Covenant on Economic, Social and Cultural Rights (ICESCR) Country and periodic report number NEW ZEALAND Initial 2 3 PNG Initial SOLOMON ISLANDS Initial 2 Date due Date submitted 28/03/81 30/06/95 30/06/2008 07/08/92 30/08/2001 28/04/2009 30/06/2010 - 30/06/90 30/06/2005 02/07/2001 - 13 Convention on the Elimination of all forms of Racial Discrimination (CERD) Country and periodic report number FIJI Initial 16-17 18-20 NEW ZEALAND 1 2 3 4 5,6 15,16,17 18,19,20 Date due Date submitted 11/01/74 11/01/76 11/01/78 11/01/80 11/01/82 10/02/84 10/02/86 10/02/88 10/02/90 10/02/92 10/02/94 10/02/96 10/02/98 10/02/2000 10/02/2002 10/02/20061 10/02/20122 22/12/73 22/12/75 22/12/77 22/12/79 22/12/81 22/12/85 22/12/87 22/12/89 22/12/91 22/12/93 22/12/95 22/12/97 22/12/99 22/12/20053 22/12/20114 25/10/73 13/07/78 13/07/78 08/06/81 25/10/82 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 20/06/2006 - 22/12/73 24/02/76 10/05/78 26/01/81 29/07/83 05/03/86 19/06/90 19/06/90 19/12/94 19/12/94 04/10/2001 04/10/2001 04/10/2001 16/05/2006 - 1 In the Concluding Observations of 2 June 2003 on Fiji’s sixth to fifteenth periodic reports, the Committee invited Fiji to submit the sixteenth and seventeenth periodic reports as a consolidated report by 10 February 2006.
2 In the Concluding Observations of 16 May 2008 on Fiji’s sixteenth and seventeenth periodic reports, the Committee invited Fiji to submit the eighteenth, nineteenth and twentieth periodic reports as a consolidated report by 10 February 2012.
3 In the Concluding Observations of 22 August 2002 on New Zealand’s twelfth, thirteenth and fourteenth periodic reports, the Committee invited New Zealand to submit the fifteenth, sixteenth and seventeenth periodic reports as a consolidated updating report by 22 December 2005.
14 PNG Initial SOLOMON ISLANDS Initial TONGA Initial 2 3 4,5 6 7 8 9-10 11-13 26/02/83 26/02/85 26/02/87 26/02/89 26/02/91 26/02/93 26/02/95 26/02/97 26/02/99 26/02/2001 26/02/2003 26/02/2005 26/02/2007 26/02/2009 16/04/83 16/04/85 16/04/87 16/04/89 16/04/91 16/04/93 16/04/95 16/04/97 16/04/99 16/04/2001 16/04/2003 16/04/2005 16/04/2007 16/04/2009 17/03/73 17/03/73 17/03/75 17/03/79 17/03/83 17/03/85 17/03/87 17/03/89 17/03/93 16/08/83 - - - - - - - - - - - - - 02/02/83 - - - - - - - - - - - - - 15/11/72 28/10/75 21/02/78 07/04/81 19/05/83 01/03/85 26/06/87 07/01/93 27/03/97 4 In the Concluding Observations of 22 August 2002 on New Zealand’s fifteenth, sixteenth and seventeenth periodic reports, the Committee invited New Zealand to submit the eighteenth, nineteenth and twentieth periodic reports as a consolidated report by 22 December 2011.
15 17/03/99 17/03/2001 17/03/2003 17/03/2005 17/03/2007 17/03/99 - - - - 16 Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) Country and periodic report number COOK ISLANDS Initial FEDERATED STATES OF MICRONESIA Initial Date due Date submitted 10/09/2007 18/09/2006 01/10/2005 - FIJI Initial 2 3 4 KIRIBATI Initial 2 MARSHALL ISLANDS Initial NEW ZEALAND Initial PNG Initial 2 3 4 SAMOA Initial 2 3 4 5 27/09/96 27/09/2000 27/09/2004 27/09/2008 16/04/2005 16/04/2009 02/04/2007 09/02/86 09/02/90 09/02/94 09/02/98 09/02/2002 09/02/2006 11/02/96 11/02/2000 11/02/2004 11/02/2008 25/10/93 25/10/97 25/10/2001 25/10/2005 25/10/2009 29/02/2000 14/01/2009 14/01/2009 14/01/2009 - - - 03/10/86 03/11/92 02/03/98 02/03/98 07/10/2002 08/05/2006 20/05/2009 20/05/2009 20/05/2009 20/05/2009 02/05/2003 02/05/2003 02/05/2003 - - SOLOMON ISLANDS Initial 05/06/2003 - 17 TUVALU Initial 2 3 VANUATU Initial 2 3 4 05/11/2000 05/11/2004 05/11/2008 08/10/1996 08/10/2000 08/10/2004 08/10/2008 02/07/2008 02/07/2008 - 02/03/2005 02/03/2005 02/03/2005 - 18 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) State Party and periodic report number NEW ZEALAND Initial 2 3-4 5 6 Date due Date submitted 08/01/91 08/01/95 08/01/99 08/01/2007 15/05/2013 29/07/92 25/02/97 10/01/2002 08/01/2007 - 19 Convention on the Rights of the Child (CRC) Country and periodic report number COOK ISLANDS Initial FEDERATED STATES OF MICRONESIA Initial 2 FIJI Initial 2 KIRIBATI Initial 2 MARSHALL ISLANDS Initial 2 3-4 NAURU Initial 2 NEW ZEALAND Initial 2 3-47 NIUE Initial 2 Date due Date submitted 05/06/99 - 03/06/95 03/06/2000 11/09/95 11/09/2000 09/01/98 09/07/20115 02/11/95 02/11/2000 02/11/20106 25/08/96 25/08/2001 05/05/95 05/05/2000 05/11/2008 18/01/98 18/01/2003 16/04/96 - 12/06/96 - 15/08/2005 - 18/03/98 07/12/2004 - - - 22/09/95 19/02/2001 11/11/2008 - - 5 In the Concluding Observations of 29 September 2006 on Kiribati’s initial report, the Committee invited Kiribati to submit the second, third and fourth periodic reports as a consolidated report by 9 July 2011.
6 In the Concluding Observations of 2 February 2007 on the Marshall Islands’ second report, the Committee invited the Marshall Islands to submit the third and fourth periodic reports as a consolidated report by 2 November 2010.

7 In the Concluding Observations of 27 October 2003 on New Zealand’s second report, the Committee invited New Zealand to submit the third and fourth periodic reports as a consolidated report by 5 November 2008.
20 PALAU Initial 2 PNG Initial 2-3 SAMOA Initial 2-4 SOLOMON ISLANDS Initial 2-310 TONGA Initial 2 TUVALU Initial 2 VANUATU Initial 2 02/09/97 02/09/2002 31/03/95 30/09/20088 28/12/96 28/12/20119 09/05/97 09/05/2007 06/12/97 06/12/2002 21/12/97 21/12/2002 05/08/95 05/08/2000 21/10/98 - 23/04/2003 - 01/11/2005 - 27/02/2001 - - - - - 27/10/97 - 8 In the Concluding Observations of 26 February 2004 on Papua New Guinea’s initial report, the Committee invited Papua New Guinea to submit the second and third periodic reports as a consolidated report by 30 September 2008.
9 In the Concluding Observations of 16 October 2006 on Samoa’s initial report, the Committee invited Samoa to submit the second, third and fourth periodic reports as a consolidated report by 28 December 2011.

10 In the Concluding Observations of 2 July 2003 on the Solomon Island’s initial report, the Committee invited the Solomon Islands to submit the second and third periodic reports as a consolidated report by 9 May 2007.
21 Convention on the Rights of Persons with Disabilities (CRPD) Country and periodic report number COOK ISLANDS Initial NEW ZEALAND Initial VANUATU Initial Date due Date submitted 09/05/2011 25/09/2010 23/10/2010 - - - 22