Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697636326985.pdf (Australia)
Inquiry into the human rights of women and girls in the Pacific Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade 17 July 2020 ABN 47 996 232 602 Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 General enquiries 1300 369 711 National Information Service 1300 656 419 TTY 1800 620 241 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 1 Introduction ........................................................................................................ 3 Women and girls ............................................................................................ 4 Human rights of women and girls in the Pacific ....................................... 4 2 Content and recommendations ........................................................................ 5 The role of civil society in responding to human rights issues for women and girls .......................................................................................................... 5 The role of NHRIs in advancing the human rights of women and girls .. 8 The effectiveness of Australian Official Development Assistance (ODA) in support of the human rights of women and girls .................................. 9 Additional measures to strengthen the rights of women and girls in the Pacific ............................................................................................................ 10 2 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 1 Introduction 1.
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade’s Inquiry into the human rights of women and girls in the Pacific.

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The Commission is an independent statutory agency with the role of promoting and protecting human rights under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) which defines human rights as the rights and freedoms recognised under international instruments scheduled to or declared under the AHRC Act.

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3.

The Commission is Australia’s National Human Rights Institution (NHRI) and is accredited as an ‘A Status’ NHRI under the United Nations Paris Principles.1 ‘A Status’ indicates the NHRI has legitimacy and credibility within its country and on the international stage.

‘A Status’ NHRIs are able to participate independently of their state with the UN Human Rights Council and its mechanisms.

‘A Status’ NHRIs also have participation rights to some UN General Assembly bodies.2 4.
The Commission is an active member of the Asia Pacific Forum of National Human Rights Institutions (the Commission’s President is the current Chair to September 2021), the Global Alliance of National Human Rights Institutions (Bureau member to September 2021) and the Commonwealth Forum of National Human Rights Institutions.

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5.

The Commission’s international engagement aims to assist foreign governments, businesses and organisations, civil society and other NHRIs to engage with the international human rights framework, to implement international human rights obligations through legislation, policy and practice and to share Australia’s experience and expertise on human rights to enhance collaboration and cooperation between States.
In partnership with the Australian Department of Foreign Affairs and Trade (DFAT), the Commission manages human rights programs with the governments of Vietnam and Lao PDR and works to promote the recognition and protection of human rights in the region and more widely.

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The Commission supports the Australian Government’s commitment to the Sustainable Development Goals (SDGs) as articulated in Australia’s Voluntary National Review: ‘a universal, global approach to reduce poverty, promote sustainable development and ensure the peace and prosperity of people across the world’.3 Achieving gender equality and women’s empowerment is not only Goal 5 of the SDGs, it is fundamental to all of the SDGs.4 The realisation of the SDGs would facilitate the protection and promotion of most internationally recognised human rights, including the rights of women and girls.
3 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 7.

For similar reasons, the Commission also supports the Australian Government’s prioritisation of gender equality and empowering women and girls in Australia’s aid program.
The Commission views gender equality as a core component for the full development of any society and welcomes all efforts to address disparities.

Women and girls 8.

The Commission affirms that human rights are inherent to all people without discrimination.
However, social structures, traditions, stereotypes and attitudes about women and girls and their role in society often result in disadvantage, discrimination and reduced opportunities for women and girls in accessing their rights compared to men and boys.

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The Commission acknowledges that people with diverse sexual orientation, sex or gender identity often face greater obstacles to the realisation of their human rights and advocates for both distinct and inclusive strategies that address these inequalities.

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The Commission includes trans women and girls and intersex people identifying as female in its references to ‘women and girls'.

Human rights of women and girls in the Pacific 11.


The Commission welcomes the establishment of the Office of the Pacific within DFAT and the Australian Government’s pledge to open diplomatic missions in all Pacific countries.

The Commission views these developments as a sign of commitment by the Australian Government to its Step-up in the Pacific.

This commitment is also reflected in the Pacific Women programs.

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Entrenched structures, roles and stereotypes based on gender result in many women and girls experiencing human rights harms such as discrimination, unequal access to health services, work, education and justice.

They also contribute to serious human rights violations such as gender-based violence and human trafficking.5 The severity of these issues varies between Pacific Island countries.

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The Commission has extensive expertise on sex discrimination and human rights as they relate to women and girls generally and stands ready to assist the Joint Standing Committee on Foreign Affairs, Defence and Trade should it wish to draw on these resources.

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In this submission the Commission will focus on advocating for a strengthening of structural approaches and principles that would support the realisation of human rights for women and girls, and ultimately all people, in the Pacific.
4 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 15.
The Commission’s recommendations for action by the Australian Government include: 1. prioritising the promotion and protection of civil society organisations and individuals, particularly those that work on human rights issues relating to women and girls 2. including civil society groups in the formulation and delivery of development programs 3. increasing investment in community-based solutions for family and sexual violence, to ensure that community services providing support for survivors of family and domestic violence are adequately funded 4. investigating, with a view to supporting, the creation and/or maintenance of community justice solutions that are accessible to women and girls 5. prioritising the funding and establishment of civil society groups that actively acknowledge and work to combat intersectional human rights issues 6. actively support the establishment of new, and development of existing, NHRIs throughout the Pacific region 7. drawing on the expertise of the Commission to assist in the establishment and development of new and existing NHRIs 8. embedding a human rights-based approach and human rights-related goals into all Australian Government international cooperation and development plans 9. increasing the ODA budget to 0.7% of GNI which is in keeping with the internationally accepted OECD target for all Development Assistance Committee (DAC) members 10. encouraging and supporting all countries in the Pacific to sign and ratify any outstanding international human rights treaties, and 11. supporting all countries in the Pacific to engage with the UN human rights system and for the UN system to engage with those countries.
2 Content and recommendations The role of civil society in responding to human rights issues for women and girls 16.

Civil society includes, but is not limited to, individuals, non-government organisations, community-based organisations, union groups, faith-based groups, 5 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 youth groups and social movements.
Fostering a strong and engaged civil society is integral to the realisation of human rights.

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Civil society members and organisations have a unique proximity to, and knowledge of, the immediate impacts of human rights violations on their communities and its causes.

Community and grassroots responses, to human rights issues which involve women, such as civil war or natural disasters, are more likely to result in sustainable, long-term solutions.6 18.
The Commission advocates for a human rights-based approach to social issues.

Part of a human rights-based approach is the active inclusion of civil society and community groups in democratic decision-making processes.

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Civic spaces7 and human rights defenders are being challenged around the world and civil society actors, particularly women, are facing increased threats (both online and offline) and reprisals.8 Recommendation 1.
The Commission recommends that the Australian Government’s international development policy, Pacific ‘Step up’, and COVID-19 Development Response, should prioritise the promotion and protection of civil society, organisations and individuals, particularly those working on human rights issues relating to women and girls and other marginalised groups.
Promotion and protection could involve: a) the provision of funding, training and safe spaces for groups and individuals to operate, b) facilitating people-to-people connections between grassroots groups in Australia and throughout the region, c) using Australia’s influence and positive relationships to encourage Pacific governments to prioritise the promotion and protection of civil society.

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The Commission recommends that the Australian Government include civil society groups in the formulation and delivery of development programs.

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The Commission acknowledges there is already a significant range of organisations and initiatives working on the prevention of violence against women and children in the Pacific, some of which are funded by the Australian Government.
The Commission supports the Australian Government’s efforts in this regard, but also urges more investment in civil society responses.

6 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 21.

Civil society plays an important role in preventing and responding to violence against women and children.
Civil society organisations, both in Australia and internationally, provide frontline services to survivors—such as specialist sexual assault support services, and homelessness support or refuges.

Civil society organisations can also be pivotal in prevention and justice pathways through the provision of legal services, education and advocacy.

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Women and girls in the Pacific region experience family and sexual violence at much higher rates than the global average.9 Causes for violence vary significantly, but are heavily influenced by patriarchal structures, social norms and a lack of support services.

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While there is a role for government services and criminal sanctions to aid the justice response, these will be insufficient to address the problem without ‘upstream’ intervention and buy-in from grassroots organisations and community groups that can provide education, influence social values and challenge traditional thinking about men and women’s roles in society.

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Similarly, the use of alternative justice pathways, including community justice, restorative justice and behavioural change programs in responding to family and sexual violence in Australia10 and New Zealand,11 has been found to be largely successful in their efforts to provide alternative justice and cost-effective and the Commission encourages their development and expansion.

Recommendation 3.
Recommendation 3.

The Commission recommends that the Australian Government increase its investment in community-based solutions for family and sexual violence in the Pacific and ensure that community services in the Pacific that provide crisis support for survivors of family and domestic violence are adequately funded.

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The Commission recommends that the Australian Government investigate, with a view to supporting, the creation and/or maintenance of community justice solutions in the Pacific region.
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Understanding the impact of multiple intersectional and compounding disadvantages is important when considering the allocation of limited resources.

Marginalised and minority groups of women—such as indigenous women, women with disability and migrant women—experience greater obstacles in accessing their human rights.

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The Commission advocates for responses that appropriately consider and address intersectional issues to human rights challenges and gender equality.
These 7 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 responses seek to identify and remedy the root causes of complex human rights issues and are typically guided by a human rights-based approach.

Recommendation 5.
Recommendation 5.

The Commission recommends that the Australian Government prioritise the funding and establishment of civil society groups that actively acknowledge and work to combat intersectional human rights issues.

The role of NHRIs in advancing the human rights of women and girls 27.

Due to the complex and systemic barriers to advancing the rights of women and girls in the Pacific, progress in support of this goal will require structural reform and a commitment to long-term, generational change.
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There are a wide range of key figures whose input will be required to achieve this goal, however the Commission will focus this submission on National Human Rights Institutions (NHRIs).

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NHRIs accredited ‘A status’ under the United Nations Paris Principles are independent, statutory bodies that play a key role in the implementation of human rights in a country.

NHRIs typically have monitoring and reporting responsibilities as well as complaint handling and resolution powers.
They provide an objective appraisal of human rights in a country and work with government, business and civil society to foster change and the realisation of human rights.

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‘A status’ NHRIs have participation rights at some United Nations fora and in the national reviews of the various human rights treaty bodies.

The UN General Assembly and UN Human Rights Council have repeatedly acknowledged the value and need for NHRIs.12 31.
The Commission has long advocated for the establishment of NHRIs throughout the Pacific and believes that the promotion and protection of human rights in the Pacific would benefit immensely from their establishment.13 Of all the Pacific Islands, currently only Samoa has an ‘A status’ NHRI.

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The Commission notes its long and positive relationship with the Asia Pacific Forum of National Human Rights Institutions (APF) and the beneficial role it plays in ongoing efforts to strengthen the NHRI network in the Pacific.

The APF has valuable resources and experience that should be drawn upon by any Asian or Pacific country looking to establish or strengthen its NHRI.

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A strong network of ‘A Status’ NHRIs in the Pacific and a regional human rights mechanism similar to those that operate in Europe or the Americas would enhance awareness of human rights in the Pacific, foster greater political and social 8 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 acceptance of international human rights standards and increase avenues for remedy and redress.
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The Commission acknowledges that one of the five pillars of the Australian Government’s recent tenure on the UN Human Rights Council was ‘Promoting strong national human rights institutions and capacity building’.14 The Commission strongly encourages the Australian Government to continue to pursue this objective and stands ready to provide technical assistance as required.

Recommendation 6.
Recommendation 6.

The Commission recommends the Australian Government, through technical, diplomatic and aid channels, actively support the establishment of new, and development of existing, NHRIs throughout the Pacific region.

This support should be undertaken in coordination with the APF’s ongoing efforts.

This process should be a step by step approach that concurrently focuses on education initiatives to demonstrate the benefits of NHRIs and to raise awareness of human rights among decision-makers.
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The Commission recommends the Australian Government draw on the expertise and experience of the Commission in this regard.

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The Commission refers the Joint Standing Committee to its submission made to the Inquiry into strengthening Australia’s relationships with countries in the Pacific region and reiterates all recommendations and in particular those that address incorporating the Commission and other public sector agencies into the Australian Government’s ‘Step up’ in the Pacific.
The effectiveness of Australian Official Development Assistance (ODA) in support of the human rights of women and girls 36.
The Commission notes that there are no references to human rights in the Australian Government’s current international development policy15 and only one in Partnerships for Recovery: Australia’s COVID-19 Development reference Response, despite the clear links both documents have to human rights issues— particularly for women and girls.16 The Commission views this as a missed opportunity to underpin Australia’s relationships with countries in the Pacific with the human rights principles of participation, accountability, non-discrimination and equality, empowerment and legality.
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An absence of human rights language and principles in these documents is problematic because it disconnects the social, political and economic issues people experience from the international framework that exists to combat and eliminate 9 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 these challenges.
References to human rights provide individuals with agency and authority on which to make demands of their governments and advocate for living standards judged internationally to be essential.

38.
The Commission also notes that despite Australia’s aid investment priority to support gender equality and the empowerment of women and girls, overall reductions in national Official Development Assistance (ODA) over the past six consecutive years, failure of any Australian Government to reach the internationally accepted ODA standard of 0.7% of Gross National Income (GNI), an emphasis on large infrastructure projects and specific cuts to health care spending within the ODA will all have a slowing or detrimental effect on the achievement of human rights for women and girls in the Pacific.
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Similarly, as explained in the Commission’s submission to the Inquiry into strengthening Australia’s relationships with countries in the Pacific, a human rights- based approach to Australia’s international development would be a more effective method to ensure that the human rights of women and girls (and for everyone) are considered and addressed in development programs.

Recommendation 8.
Recommendation 8.

The Commission recommends that a human rights-based approach and human rights-related goals be incorporated into all Australian Government international cooperation and development plans.

9.

The Commission recommends the ODA budget be increased to 0.7% of GNI which is in keeping with the internationally accepted OECD target for all Development Assistance Committee (DAC) members.

Additional measures to strengthen the rights of women and girls in the Pacific 40.
The Commission acknowledges that the current global political events are increasingly contesting the multilateral system that works to promote and protect human rights.17 However, existing and emerging international crises, such as COVID-19 and climate change, demonstrate the essential global nature of some problems and the need for international cooperation.

41.

The international human rights system provides roadmaps and solutions to the multifaceted issues impacting the Pacific and the world.
However, engagement with the UN and the treaty body systems can be challenging at the best of times.
The UN is increasingly recognising the need to work differently and recently held its first ever treaty body meeting outside Geneva or New York; the UN Committee 10 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 on the Rights of the Child held an extraordinary session in Samoa in March 2020 which was positively received.18 42.
Participation in the international human rights system has led to specific progress on human rights (a recent example are the changes the Australia Government is undertaking as a result of ratifying the Optional Protocol on the Convention Against Torture) and promotes an understanding and appreciation of the value of these standards by governments, business and civil society.
While ratification of the Convention on the Rights of the Child is universal in the Pacific, adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is less comprehensive.

Likewise, most of the other international human rights conventions are not yet signed or ratified in full by the majority of Pacific Island nations.

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The Australian Government has noted on multiple occasions the value of multilateralism and an international rules-based order.
The Commission supports this position and urges the Australian Government to redouble its efforts to engage with the international human rights system, including through the ratification of outstanding international human rights treaties, and encourage and facilitate others to do the same.

Recommendation 10.
Recommendation 10.

The Commission recommends the Australian Government encourage and support, through all channels, all countries in the Pacific to sign and ratify any outstanding international human rights treaties, including CEDAW.

11.
The Commission recommends the Australian Government increase its efforts to support countries in the Pacific region to engage with the UN human rights system and for the UN system to engage with the Pacific, including through: a) facilitating and supporting attendance at UN events and reviews for Pacific Island representatives, including civil society, b) facilitating and supporting visits by UN bodies and representatives to the Pacific region, c) providing technical assistance to governments in the Pacific for the completion of national treaty body reports, and d) supporting the work of the Asia Pacific Forum.
11 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 1 Office of the High Commission for Human Rights, Principles relating to the Status of National Institutions (The Paris Principles), GA Res 48/134 (20 December 1993).

At https://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx (viewed 16 March 2020).
2 Croucher, R. “National Human Rights Commissions – what’s the point?”, Australian Human Rights Commission, Speech to the International Bar Association (12 October 2017).

At https://www.humanrights.gov.au/about/news/speeches/national-human-rights-commissions-whats- point (viewed 16 March 2020).

3 Department of Foreign Affairs and Trade, Report on the implementation of the Sustainable Development Goals 2018, Australian Government, page 6.
At: https://dfat.gov.au/news/news/Pages/australias-first-report-on-the-sustainable-development- goals.aspx (viewed: 25 March 2020).

4 UN Women, Women and the SDGs.

At: https://www.unwomen.org/en/news/in-focus/women-and- the-sdgs (viewed 29 June 2020) 5 Rights of women and girls, Asia Pacific Forum.
At: https://www.asiapacificforum.net/human- rights/women-and-girls 6 Krause, J. Krause, W. and Bränfors, P. Women’s participation in peace negotiations and the durability of peace, International Interactions, 2018, Vol.

44, No.

6, p 985-1016.

At: https://www.tandfonline.com/doi/full/10.1080/03050629.2018.1492386 (viewed: 9 July 2020).
Fordham, M. and Gupta, S. Leading Resilient Development: Grassroots women’s priorities, practices and innovations, Groots International, Northumbria University School of the Built and Natural Environment and the United Nations Development Programme, 2011.

At: http://www.undp.org/content/dam/aplaws/publication/en/publications/womens- empowerment/leading-resilient-development---grassroots-women-priorities-practices-and- innovations/f2_GROOTS_Web.pdf (viewed: 8 July 2020).
7 The Office for the High Commissioner for Human Rights defines civic space as “the environment that enables civil society to play a role in the political, economic and social life of our societies.
In particular, civic space allows individuals and groups to contribute to policy-making that affects their lives, including by: accessing information, engaging in dialogue, expressing dissent or disagreement, and joining together to express their views.” 8 Special Rapporteur on the situation of human rights defenders, Situation of women human rights defenders, United Nations Human Rights Council, 10 January 2019, page 6.
At: https://documents- dds-ny.un.org/doc/UNDOC/GEN/G19/004/97/PDF/G1900497.pdf?OpenElement (viewed: 23 June 2020).

9 Ending Violence Against Women, Pacific Women, 2017.

At: https://pacificwomen.org/our-work/focus- areas/ending-violence-against-women/ (viewed 24 June 2020).

10 KPMG, Maranguka Justice Reinvestment Project: Impact Assessment, Just Reinvest NSW, 2018, p 22.
At: http://www.justreinvest.org.au/wp-content/uploads/2018/11/Maranguka-Justice-Reinvestment- Project-KPMG-Impact-Assessment-FINAL-REPORT.pdf (viewed 9 July 2020).

11 Centre for Innovative Justice, Innovative justice responses to sexual offending: pathways to better outcomes for victims, offenders and the community, RMIT University, May 2014, p 30 -34 and 64.

At: http://mams.rmit.edu.au/qt1g6twlv0q3.pdf (viewed: 8 July 2020).
12 Office of the High Commissioner for Human Rights, OHCHR and NHRIs, United Nations.

At: https://www.ohchr.org/EN/Countries/NHRI/Pages/NHRIMain.aspx (viewed 24 June 2020).

12 Inquiry into the human rights of women and girls in the PacificSubmission 23 Australian Human Rights Commission Inquiry into the human rights of women and girls in the Pacific, 17 July 2020 13 Australian Human Rights Commission, The Potential Role of National Human Rights Institutions in the Pacific, September 2008.
At: https://humanrights.gov.au/about/news/speeches/president-speeches- potential-role-national-human-rights-institutions-pacific (viewed: 24 June 2020).

14 Department of Foreign Affairs and Trade, Pillars and Priorities, Australian Government.

At: https://www.dfat.gov.au/international-relations/international-organisations/un/unhrc-2018- 2020/pillars-and-priorities/Pages/pillars-and-priorities (viewed 24 June 2020).
15 Department of Foreign Affairs and Trade, Australian aid: promoting prosperity, reducing poverty, enhancing stability, Australian Government.

At: https://www.dfat.gov.au/sites/default/files/australian- aid-development-policy.pdf (viewed 25 March 2020).

16 Department of Foreign Affairs and Trade, Partnerships for Recovery: Australia’s COVID-19 Development Response, Australian Government, 2020.
At: https://www.dfat.gov.au/sites/default/files/partnerships-for-recovery-australias-covid-19- development-response.pdf (viewed 16 June 2020).

17 Bachelet, M. Statement by the UN High Commissioner for Human Rights at the Third Committee of the UN General Assembly in New York, Office of the High Commissioner for Human Rights, United Nations, October 2019.

At: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25149&LangID=E (viewed 23 June 2020).

18 Prime Minister Hon.


Tuilaepa Sailele Malielegaoi, Opening of the 84th Extraordinary Session of the Committee on the Rights of the Child, Government of Samoa, 2 March 2020.

At: https://www.samoagovt.ws/2020/03/address-by-the-prime-minister-honourable-tuilaepa-sailele- malielegaoi-for-the-opening-of-the-84th-extraordinary-session-of-the-committee-on-the-rights-of- the-child/ (viewed 24 June 2020).

13 Inquiry into the human rights of women and girls in the PacificSubmission 23