Chapter 4: Universal Periodic Review Chapter 4 looks at Australia’s human rights performance through the lens of the Universal Periodic Review (UPR) process, with particular reference to the human rights issues facing Aboriginal and Torres Strait Islander peoples. This chapter includes information on Australia’s recent appearance before the United Nations Human Rights Council for the UPR, Australia’s adoption, implementation and monitoring of recommendations, and information on the UPR process more generally. Importantly, this chapter also explores the of a UPR monitoring mechanism based on the framework provided by the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration). A number of case studies explore the issues of justice, health equality and remote communities to demonstrate how Aboriginal and Torres Strait Islander peoples and representative bodies might be able to develop their own indicators for monitoring the progress of the UPR over the next four years.
While the UNDRIP is directly mentioned in some recommendations, the Commission believe that all of the accepted recommendations can be linked to these principles. For example, the following recommendations are directly linked to the principle of effective participation: No. Recommendation Final response Explanatory response 87 Continue to support indigenous institutions that cohesion to communities, such as the National Congress of the First Peoples of Australia (Peru); Accepts On the basis of existing law, policy and action 88 Take necessary measure to ensure consultation and participation of indigenous peoples in the processes of the elaboration of public policies that is of interest to them (Paraguay); Accepts On the basis of existing law, policy and action 89 Ensure adequate consultations with indigenous peoples in the formulation of policies affecting them (India); Accepts On the basis of existing law, policy and action 90 Take all necessary measures to ensure Aboriginal and Torres Strait Islander Peoples give consent to the development and implementation of policies and programmes that impact upon their communities and futures (Namibia); Notes 91 Ensure that indigenous peoples are consulted when considering the viability of remote communities, and that those affected by closures of communities receive transitional support and unimpeded access to ancestral lands (United States of America); Notes Will further consider By applying the principles of the UNDRIP to the UPR recommendations, it is possible to develop subject specific indicators that are practical measuring tools for Aboriginal and Torres Strait Islander representative bodies. Measuring these indicators will support advocacy by providing an evidence base where policies and actions are not achieving their stated objectives. This evidence base can also be used by representative bodies to identify their own strategic priorities, which is of particular importance given funding and capacity constraints. The following case studies show how subject specific indicators can be developed and how they can form part of the monitoring process. The Commission encourage representative bodies to use these examples as a guide to develop their own indicators for the other relevant UPR recommendations. These indicators can form the basis for the UPR monitoring system over the next four years.
discrimination against persons belonging to indigenous populations (France); law, policy and action 82 Harmonize legislation relating to the recognition of the rights of indigenous peoples, at all levels, with the International Convention on the Elimination of All of Racial Discrimination (Honduras); Racial discrimination 83 Revise laws and national, regional and local policies to fully recognize and protect the rights of indigenous peoples in domestic law uniformly throughout the nation (Cuba); Notes The Declaration 84 Adhere to the United Nations Declaration on the Rights of Indigenous Peoples (Senegal); Notes The Declaration
88 Take necessary measure to ensure consultation and participation of indigenous peoples in the processes of the elaboration of public policies that is of interest to them (Paraguay); Accepts On the basis of existing law, policy and action Consulting and supporting representative bodies 89 Ensure adequate consultations with indigenous peoples in the formulation of policies affecting them (India); Accepts On the of existing law, policy and action Consulting and supporting representative bodies 90 Take all necessary measures to ensure Aboriginal and Torres Strait Islander Peoples give their consent to the development and implementation of policies and programmes that impact upon their communities and futures (Namibia); Notes Consulting and supporting representative bodies 91 Ensure that indigenous peoples are consulted when considering the viability of remote communities, and that those affected Will further consider Remote communities Consulting and supporting representative bodies
by closures of communities receive transitional support and unimpeded access to ancestral lands (United States of America); 92 Implement policies oriented to the development of remote communities and ensure the full enjoyment of economic, social and cultural rights of indigenous peoples interested in remaining in their land of origin (Mexico) Accepts On the basis of existing law, policy and action Property rights 93 Continue to work towards closing the existing gaps in the protection of human rights and the promotion of welfare for indigenous peoples in order to achieve sustainable economic and social development (Thailand); Accepts On the basis of existing law, policy and action Equality and closing the gap Property rights 94 Continue ongoing efforts to close the gaps in Accepts On the basis of existing Equality and closing the gap
children are registered at birth (Poland); 102 Continue strengthening the efforts in promoting and protecting discriminatory policy and specifically also ensure that Aboriginal children have access to birth registration (Timor-Leste); Accepts On the basis of existing law, policy and action Birth registrations 103 Step up efforts to address the economic and social inequalities affecting the indigenous peoples (Luxembourg); Accepts On the basis of existing law, policy and action Equality and closing the gap Property rights 104 Ensure that Aboriginal and other indigenous communities are accorded equal access to services including to judicial remedies for discrimination and racism (Rwanda); Accepts On the of existing law, policy and action Access to justice 105 Continue strengthening the access mechanisms to Accepts On the basis of existing law, policy and action Equality and closing the gap
109 Continue to implement the necessary measures to ensure indigenous children access to quality education (Lao People’s Democratic Republic); Accepts On the basis of existing law, policy and action Equality and closing the gap 110 Continue to implement indigenous education reforms (Slovakia); Accepts On the basis of existing law, policy and action Equality and closing the gap 111 Ensure access to good-quality education, including postgraduate education and vocational training, for indigenous women (United Arab Emirates); Accepts On the basis of existing law, policy and action Equality and closing the gap 112 Intensify efforts in enhancing the rights of Indigenous Australians: by addressing the underlying causes of their plight, by providing opportunities in health, education, housing and employment; and addressing the high rate of their Accepts On the of existing law, policy and action Access to justice Equality and closing the gap
incarceration in prison (Kenya); 113 Reduce the rate of family separation of indigenous peoples caused, others, by the removal of babies and children from their families and the imprisonment of juveniles and adults (Paraguay); Accepts On the basis of existing law, policy and action Access to justice 114 Continue concerted efforts for the preservation of the cultural and linguistic identity of Indigenous peoples (Greece); Accepts On the basis of existing law, policy and action Indigenous language and culture 115 Take further efforts to protect the special cultures of the indigenous people and enhance protection to the cultural archaeology (Iraq); Accepts On the basis of existing law, policy and action Indigenous language and culture 116 Remove from the Constitution provisions allowing racial discrimination (Russian Federation); Notes Constitutional recognition
123 Continue paying special attention to the implementation of national policies for marginalized or vulnerable social groups, including migrant children, aboriginals and disabled persons (Nicaragua); Accepts On the basis of existing law, policy and action The Declaration 125 Continue to address the problem associated with racial discrimination and policy disparities against indigenous persons (Nigeria); Accepts On the basis of existing law, policy and action Racial discrimination 127 Continue to address inequalities affecting human rights in the areas of health, education, employment and income that disproportionately affect indigenous peoples and other minority groups (New Zealand); Accepts On the basis of existing law, policy and action Equality and closing the gap 136 Protect the rights of indigenous peoples, peasants and other people working in rural Accepts On the basis of existing law, policy and action Remote communities
areas (Bolivia (Plurinational State of)); 142 Develop and implement policies to ensure gender equality throughout society and strengthen the promotion and protection of the rights of women, especially women from indigenous communities (South Africa); Accepts On the basis of existing law, policy and action Indigenous women and domestic violence 162 Effectively implement the National Plan to Reduce Violence Against Women and Their Children and strengthen its actions to reduce violence and sexual abuse of women with disabilities and indigenous women (Czech Republic); Accepts On the basis of existing law, policy and action Indigenous women and domestic violence 171 Further strengthen efforts towards birth regulation for all, with a view to encouraging access to relevant procedures (Turkey); Accepts On the basis of existing law, policy and action Birth registrations 194 Prevent the indefinite Will further consider Access to justice
205 Increase efforts to reduce the imprisonment of indigenous Australians (Uruguay); Accepts On the basis of existing law, policy and action Access to justice 210 Take measures to ensure the universal access to healthcare services, paying particular attention to the needs of persons living in rural and remote areas (Portugal); Accepts On the basis of existing law, policy and action Equality and closing the gap Remote communities