Australia's Universal Periodic Review 2014 Progress Report

Appendix 2:
Implementation status of UPR recommendations

No	Recommendation	Response	Implementation
1-4, 6	Ratify the OPCAT (Republic of Moldova, Azerbaijan, Maldives, New Zealand, Denmark)	Accepted	Not implemented
3-5	Establish a National Preventative Mechanism (Maldives, New Zealand, Mexico)	Accepted	Not implemented
7	Accede to the remaining core human rights instruments to which it is yet to become a party (Thailand)	Accepted-in-part	Not implemented
7-9	Ratify or consider ratifying CED (Thailand, France, Argentina)	Accepted-in-part	Not implemented
9	Study the possibility of signing and ratifying CED and ICRMW (Argentina)	Accepted-in-part	Not implemented
10	Consider acceding to ICRMW; ratify ICRMW; engage in consultations with a view to possible accession to ICRMW; ratify ICRMW (Algeria, Bolivia, Turkey, Philippines, Bosnia and Herzegovina)	Rejected
11	Ratify ILO Convention No. 169 (Bolivia)	Accepted-in-part	Not implemented
12	Consider ratifying ILO Convention No. 169 (Norway)	Accepted	Not implemented
13, 16	Withdraw reservations to CRC (Hungary, Denmark)	Accepted-in-part	Not implemented
14	Consider withdrawing reservations to article 4 (a) of ICERD (Republic of Korea)	Accepted	Not implemented
15-16	Withdraw reservations to article 4 (a) of ICERD (South Africa, Denmark)	Accepted-in-part	Not implemented
16	Withdraw reservations to ICERD, CEDAW, ICCPR and CRC (Denmark)	Accepted-in-part	Not implemented
17	Bring its legislation and practices into line with international obligations (Sweden)	Accepted	Partly implemented
18, 19, 21	Incorporate human rights obligations into domestic law (France, Jordan, Timor-Leste)	Accepted-in-part	Partly implemented
20	Continue efforts in strengthening mechanisms for the effective incorporation of international human rights obligations and standards into its domestic legislation (Argentina)	Accepted	Partly implemented
22	Consider adopting or adopt a comprehensive Human Rights Act (Canada, Ukraine, Russian Federation, Norway)	Rejected
23	Focus on nationwide enforcement of its existing anti-discrimination law (United States)	Accepted	Partly implemented
24	Fully implement the Racial Discrimination Act and the revision of federal laws to be compatible with the United Nations Declaration on the Rights of Indigenous Peoples (Norway)	Accepted-in-part	Partly implemented
25	Consider re-instating the Racial Discrimination Act into the Northern Territory Emergency Response and other subsequent arrangements (Canada)	Accepted	Partly implemented
27	Facilitate the provision of sufficient funding and staffing for the Australian Human Rights Commission and different commissioners (Bolivia)	Accepted	Partly implemented
28	Establish a National Children's Commissioner (New Zealand)	Accepted-in-part	Implemented
29	Consider establishing an independent commissioner for child rights (Poland)	Accepted	Implemented
30	Continue measures for the adoption of the new National Action Plan on Human Rights (Azerbaijan)	Accepted	Partly implemented
31	Adopt a rights-based approach to climate change policy at home and abroad, including by reducing greenhouse gas emissions to safe levels that are consistent with the full enjoyment of human rights (Maldives)	Accepted-in-part	Partly implemented
32-33	Develop a comprehensive poverty reduction and social inclusion strategy, which would integrate economic, social and cultural rights (Ghana, Pakistan)	Accepted-in-part	Partly implemented
34	Adopt the necessary legislation to ensure that no one is extradited to a State where they would be in danger of the death penalty (France)	Accepted	Implemented
35	Follow-up on the implementation of recommendations of human rights mechanisms (Austria)	Accepted	Partly implemented
36	Consider implementing the recommendations of human rights treaty bodies and special procedures concerning indigenous people (Jordan)	Accepted	Partly implemented
37	Implement the recommendations made by the United Nations Special Rapporteur on the rights of indigenous people after his visit in 2009 (Norway)	Accepted-in-part	Partly implemented
38	Consider implementing the recommendations of UNHCR, human rights treaty bodies and special procedures with respect to asylum-seekers and irregular immigrants especially children (Jordan)	Accepted	Not implemented
39	Abolish non-therapeutic sterilisation without consent (Denmark, United Kingdom, Belgium, Germany)	Accepted-in-part	Not implemented
40, 41	Continue pursuance of the draft National Disability Strategy; complete a general framework of measures to ensure equality of chances for people with disabilities (Botswana, Republic of Moldova)	Accepted	Implemented
42	Ensure efforts to harmonize and consolidate Commonwealth anti-discrimination laws address all prohibited grounds of discrimination and promote substantive equality (United Kingdom)	Accepted	Not implemented
43	Grant comprehensive protection to rights of equality in federal law (Pakistan, India)	Accepted-in-part	Partly implemented
44	Enact comprehensive legislation which prohibits discrimination on all grounds to ensure the full enjoyment of all human rights by every member of society (South Africa)	Accepted	Partly implemented
45, 66	Continue its efforts to harmonize and consolidate its domestic legislation against all forms of discrimination (Argentina, Colombia)	Accepted	Not implemented
46	Strengthen the federal legislation to combat discrimination and ensure an effective implementation with a view to a better protection of the rights of vulnerable persons, in particular, children, persons in detention and persons with disabilities (Morocco)	Accepted	Partly implemented
48	Put an end, in practice and in law, to systematic discrimination on the basis of race in particular against women of certain vulnerable groups (Islamic Republic of Iran)	Accepted	Partly implemented
49	Further ensure that everyone is entitled to equal respect and to a fair participation with full enjoyment of equal rights and opportunities in economic, political, social and cultural developments as incorporated in the laws and plans of action (Cambodia)	Accepted	Partly implemented
50	Take appropriate measures to reduce the development gap and social disparities so as to enhance the full enjoyment of all human rights for all Australian people, especially in the areas of economic, cultural and social rights (Viet Nam)	Accepted	Partly implemented
51, 53-54	Intensify its efforts to further combat gender discrimination (Norway, South Africa, Japan)	Accepted	Partly implemented
52	Strengthen the Sex Discrimination Act as indicated in the national report, and consider the adoption of temporary special measures (Israel)	Accepted	Not implemented
55	Adopt targets of 40 per cent representation of women on public and private sector boards (Norway)	Accepted-in-part	Partly implemented
56	Remain steadfast in pursuing its policies towards gender equality, in particular through its Fair Work Act (Botswana)	Accepted	Partly implemented
57	Further strengthen its efforts to promote equality, non-discrimination and tolerance through the monitoring of racially motivated violence (Thailand)	Accepted	Partly implemented
57-58	Step up measures, such as human rights education in schools, so as to promote a more tolerant and inclusive society (Thailand, Japan)	Accepted	Partly implemented
59-64	Strengthen further the measures to combat discrimination against minority communities and continue its efforts to promote multicultural and racial tolerance (Algeria, Sweden, Singapore, Malaysia, Morocco, Yemen)	Accepted	Partly implemented
65	Implement additional measures to combat discrimination and violence against the Arab population and Australian Muslims, against recently arrived migrants and also foreign students (essentially coming from India) (Russian Federation)	Accepted	Partly implemented
66-68	Move forward with the promulgation of laws protecting persons against discrimination on the grounds of sexual orientation and/or gender (Columbia, Switzerland, New Zealand)	Accepted	Implemented
69	Take measures to ensure consistency and equality across individual States in recognizing same-sex relationships (United Kingdom)	Accepted	Implemented
70	Amend the Marriage Act to allow same-sex partners to marry and to recognize same-sex marriages from overseas (Norway)	Rejected
71	Enact legislation to ensure the humane treatment of prisoners (Hungary)	Accepted	Not implemented
47, 72	Strengthen efforts to combat family violence against women and children (Viet Nam, United States)	Accepted	Partly implemented
73-74	Adapt its legislation to ensure greater security for women and children (Islamic Republic of Iran, Switzerland)	Accepted	Partly implemented
75	Introduce a full prohibition of corporal punishment within the family in all states and territories (Russian Federation)	Rejected
76-81	Advance and accelerate implementation of the National Plan to Reduce Violence against Women and their Children (Azerbaijan, Canada, Switzerland, Norway, Mexico, Philippines)	Accepted	Partly implemented
82	Ensure that all victims of violence have access to counselling and assistance with recovery (Hungary)	Accepted	Partly implemented
83	Continue to work and coordinate with countries in the region to strengthen the regional framework to deal with irregular migration and human trafficking in a comprehensive and sustainable manner (Thailand)	Accepted	Partly implemented
84	Strengthen further its commitment to the Bali process as the principal mechanism in the region which deals with people smuggling and trafficking (Indonesia)	Accepted	Implemented
85	Consider using the OHCHR's Recommended Principles and Guidelines on Human Rights and Human Trafficking as a guide in its anti-trafficking measures (Philippines)	Accepted	Implemented
86	Increase its efforts to fight human trafficking (Azerbaijan)	Accepted	Partly implemented
87	Increase efforts to criminally prosecute trafficking offenders (United States)	Accepted	Implemented
88	Take effective legal measures to prohibit the use of excessive force and the use of “Tasers” by the police against various groups of peoples (Islamic Republic of Iran)	Accepted-in-part	Not implemented
89	Further improve the administration of justice and the rule of law including by setting up appropriate mechanisms in order to ensure adequate and independent investigation of police use of force, police misconduct and police-related deaths (Malaysia)	Accepted	Not implemented
90	Implement specific steps to combat the high level of deaths of indigenous persons in places of detention (Russian Federation)	Accepted	Partly implemented
91	Introduce a requirement that all deaths in custody be reviewed and investigated by independent bodies tasked with considering prevention of deaths and implement the recommendations of Coronial and other investigations and enquiries (New Zealand)	Accepted	Partly implemented
92	Increase the provision of legal advice to indigenous peoples with due translation services reaching especially indigenous women of the most remote communities (Bolivia)	Accepted	Not implemented
93	Implement measures in order to address the factors leading to an overrepresentation of Aboriginal and Torres Strait Islander communities in the prison population (Austria)	Accepted	Partly implemented
94	Examine possibilities to increase the use of non-custodial measures (Austria)	Accepted	Partly implemented
95	Enhance the contacts and communication between Aboriginal and Torres Strait Islander communities and representatives of the law enforcement officials and enhance the training of those officials with respect to cultural specificities of the above communities (Austria)	Accepted	Partly implemented
96	Improve the human rights elements of its training for law enforcement personnel (United States)	Accepted	Partly implemented
97	Establish a National Compensation Tribunal to provide compensation to Aboriginal and Torres Strait Islander people that are negatively affected by the assimilation policy (Slovenia)	Rejected
98	Take regular measures to prevent hate speech, including prompt legal action against those who incite discrimination or violence motivated by racial, ethnic or religious reasons (Brazil)	Accepted	Partly implemented
99	Develop a national pay strategy to monitor pay gaps mechanisms and establish a comprehensive childcare policy, as recommended by the Committee on the Elimination of All Forms of Discrimination against Women (Israel)	Accepted-in-part	Partly implemented
100	Remove, in law and in practice, restrictions on the rights of workers to strike, as recommended by the Committee on Economic, Social and Cultural Rights (Israel)	Accepted-in-part	Not implemented
101	Step up efforts to ensure that people living in the remote and rural areas, in particular the indigenous peoples, receive adequate support services relating to accommodation and all aspects of health and education (Malaysia)	Accepted	Partly implemented
102	Reform the Native Title Act 1993, amending strict requirements which can prevent the Aboriginal and Torres Strait Islander peoples from exercising the right to access and control their traditional lands and take part in cultural life (United Kingdom)	Accepted-in-part	Partly implemented
103	Institute a formal reconciliation process leading to an agreement with Aboriginal and Torres Strait Islander people (Slovenia)	Accepted-in-part	Partly implemented
104, 105, 107	Continue the process of constitutional reform in order to better recognize the rights of indigenous peoples (France, Columbia, Guatemala)	Accepted	Partly implemented
106	Revise its Constitution, legislation, public policies and programmes for implementation of the United Nations Declaration of the Rights of Indigenous Peoples (Bolivia, Ghana, Hungary, Denmark)	Accepted-in-part	Partly implemented
108	Include in its national norms recognition and adequate protection of the culture, values and spiritual and religious practices of indigenous peoples (Bolivia)	Accepted	Partly implemented
26, 109, 111-113	Promote the inclusion and participation of indigenous peoples and Torres Strait Islanders in processes or decision-making that may affect their interests (Slovenia, Bolivia, Mexico, Indonesia, Austria)	Accepted	Not implemented
110	Strengthen efforts and take effective measures with the aim of ensuring enjoyment of all rights for indigenous people, including participation in decision-making bodies (Bosnia and Herzegovina)	Accepted	Not implemented
114-117	Continue and/or intensify efforts to narrow the gap in opportunities and life outcomes between indigenous and non-indigenous Australians (France, Singapore, Thailand, Jordan)	Accepted	Partly implemented
118	Carry out, in consultation with the communities concerned, a comprehensive assessment of the effectiveness of actions and strategies aimed at improving socio-economic conditions of indigenous peoples and if necessary correct these actions (Belgium)	Accepted	Partly implemented
119	Take immediate legal measures to remove restrictions against access of indigenous women and children to appropriate health and education services and employment opportunities (Islamic Republic of Iran)	Accepted	Partly implemented
120	Continue efforts to increase the representation of indigenous women in decision-making posts (Morocco)	Accepted	Partly implemented
121	Safeguard the rights of refugees and asylum-seekers (Sweden)	Accepted	Partly implemented
122-123	Ensure the processing of asylum-seekers' claims in accordance with the United Nations Refugee Convention (Slovenia, Norway)	Accepted	Partly implemented
124-125	Ensure in its domestic law that the principle of non-refoulement is respected when proceeding with the return of asylum-seekers to countries (Slovenia, Ghana)	Accepted	Not implemented
126	Repeal the provisions of the Migration Act 1958 relating to the mandatory detention; revise the Migration Law of 1958 so that federal initiatives do not penalize foreign migrants in an irregular situation (Pakistan, Guatemala)	Rejected
123, 127	Review its mandatory detention regime of asylum-seekers, limiting detention to when strictly necessary (Norway) or the shortest time reasonably necessary (Ghana)	Accepted	Not implemented
128	Address the issue of children in immigration detention in a comprehensive manner (Philippines)	Accepted	Not implemented
129	Ensure that no children are held in detention on the basis of their migratory status and that special protection and assistance is provided to unaccompanied children (Brazil)	Accepted-in-part	Not implemented
130	Take efficient measures to improve the harsh conditions of custody centres in particular for minorities, migrants and asylum-seekers (Islamic Republic of Iran)	Accepted	Not implemented
131	Consider alternatives to the detention of irregular migrants and asylum-seekers, limit the length of detentions, ensure access to legal and health assistance and uphold its obligations under the Vienna Convention on Consular Relations (Brazil)	Accepted-in-part	Partly implemented
132	Do not detain migrants other than in exceptional cases, limit this detention to six months and bring detention conditions into line with international standards in the field of human rights (Switzerland)	Rejected
133	Ensure all irregular migrants have equal access to and protection under Australian law (Timor-Leste)	Rejected
134	Continue to work and coordinate with countries in the region to strengthen the regional framework to deal with irregular migration and human trafficking in a comprehensive and sustainable manner, bearing in mind international human rights and humanitarian principles (Thailand)	Accepted	Partly implemented
135	Protect Official Development Assistance from budgetary cuts in the context of the international crisis and make every effort to bring it to the internationally agreed target of 0.7 per cent of GDP (Algeria)	Accepted	Not implemented
136	Investigate allegations of torture in the context of counter-terrorism measures, give publicity to the findings, bring perpetrators to justice and provide reparation to the victims (Brazil)	Accepted	Implemented
137-140	Review the compatibility of its legislative framework to combat terrorism with its international obligations in the field of human rights and remedy any possible gaps (Russian Federation, Belgium, Republic of Moldova, Switzerland)	Accepted	Partly implemented
141	Continue to share its experiences for the promotion of human rights in the region and the world (Lao People’s Democratic Republic)	Accepted	Implemented
142	Actively continue to implement the best practice and policy for the promotion and protection of the rights and living conditions, and to narrow the gap in living standards in favour of the vulnerable groups in the country (Lao People’s Democratic Republic)	Accepted	Partly implemented
143	Continue the consultation with civil society in a follow-up to its universal periodic review (Poland)	Accepted	Implemented
144	Continue to promote and protect human rights internationally to enhance human rights capacity regionally across the Asia-Pacific and globally through the AusAID programme (Cambodia)	Accepted	Partly implemented
145	Continue its efforts for the promotion and protection of human rights in the world and in their country (Chad)	Accepted	Partly implemented