Annexure C: Human rights and COVID-19 developments following finalisation of the UPR NGO Coalition Report The UPR NGO Coalition Report was finalised just as COVID-19 was taking hold in Australia.174 As a result, it was not possible in the Report to contemplate the impact that COVID-19 would have on the attainment and protection of human rights in Australia. It is still not possible to make this assessment, but this Annexure identifies key areas of human rights concern for monitoring. The NGO Coalition Report provides an important baseline for measuring and monitoring Australia’s human rights response to COVID-19, and should be used to measure the impacts of COVID-19 on groups in Australia that were experiencing human rights violations prior to the pandemic. By global comparison, Australia has been relatively successful so far in suppressing cases of COVID-19 and limiting deaths directly from the disease, although there has been a higher proportion of deaths among older people. The threat of further waves of the virus remains omnipresent, as highlighted by a recent upswing in cases in the state of Victoria. Australia must continue to effectively respond to the ongoing health threat of the virus.175 Preventing deaths is a key human rights outcome, but, we must consider the full range of human rights impacts of COVID-19.176 These include the impacts of pandemic restrictions on people with pre-existing and emerging health issues177, as well as other wide-ranging impacts caused by physical lockdown and economic shutdown measures, including the impact on mental health. 178 It is likely that the full impact of the virus will not become apparent for many years. It will be important to monitor the intergenerational impact of the COVID-19 into the future. MONITORING THE IMPACTS OF AUSTRALIA’S RESPONSE - KEY AREAS OF CONCERN Monitoring the human rights impacts of COVID-19 restrictions and the measures adopted to mitigate the economic impacts, is complicated by the multi-jurisdictional nature of Australia - measures have varied from state-to-state. A comprehensive human rights-based assessment will be required to consider these geographic and jurisdictional differences. COVID-19 shutdowns occurred across Australia through new laws and regulations which were developed very rapidly.179 Most Australian Parliaments did not sit for a number of months, and extraordinary legislative powers have been devolved to individual ministers and officials.180 Social distancing was implemented and a range of activities and businesses were banned and closed.181 Police were also given extensive emergency powers, including to issue fines where restrictions are violated.182 Urgent measures were developed and adopted with little or no consultation with civil society. Civil society concerns about the impact of these extraordinary measures remain, particularly for groups subject to economic and social disadvantage in Australia, as outlined in our NGO Report. INCURSIONS ON DEMOCRATIC INSTITUTIONS, PROCESSES AND RIGHTS The speed and lack of consultation on the COVID-19 response measures have led to concerns about democratic decision making. This has been compounded by the temporary closure of Parliaments and creation of new bodies, such as the National COVID-19 Coordination Commission.183 The Commission has been tasked with the critical role of advising Government on rebuilding jobs, business and livelihoods, however it has no governing legislation, opaque processes and is run by government-picked appointees, many of whom have connections to mining and resources industries. There is a lack of social service, human rights and Aboriginal and Torres Strait Islander representation on the Commission. 184 23