Australia must prioritise developing and adequately funding a NPM that covers aged care and children’s and disability specific facilities, and establish an advisory relationship with civil society including for designation and implementation stages. Australia lacks an institutional mechanism for investigating and prosecuting international crimes committed by and against Australians. Australia must develop an international crime mechanism resourced to provide effective access to justice for victims. Social and community services suffer deep ongoing funding cuts, funding instability and unjustified funding conditions.7 Australia must adequately fund social and community services to underpin the realisation of human rights.8 ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES Australia has enacted a series of punitive and paternalistic policies that racially target Aboriginal and Torres Strait Islander communities.9 In considering the ‘Northern Territory Intervention’, 10 Special Rapporteur Anaya found the quarantining of welfare payments, 11 compulsory leasing of Aboriginal lands, and removal of governance12 to ‘overtly discriminate against Aboriginal people’, 13 infringe their right to self-determination14 and conflict with the ICERD, ICCPR and the UN Declaration on the Rights of Indigenous Peoples. 15 Continued through the ‘Stronger Futures’ legislation’, 16 funding has been cut to Aboriginal ‘Homeland/Outstation’ communities.17 The Cashless Debit Card racially discriminates with 81% of compulsory recipients being Aboriginal and Torres Strait Islander Peoples.18 It quarantines 80% of cash welfare,19 stigmatises, exacerbates financial hardship and entrenches disempowerment,20 leading to increased violence and crime. 21 A lack of technology and power outages prevent access to funds and food in remote communities. 22 A Parliamentary Committee found it limited human rights and was disproportionate. 23 Despite costing $10,000 per participant, it is being extended.24 The Community Development Program racially targets, with 85% of 35,000 participants being Aboriginal and Torres Strait Islander Peoples.25 It requires remote participants to work for welfare payments, with additional onerous obligations.26 It has applied financial penalties disproportionately, giving 350,000 penalties over two years,27 resulting in cuts to payments, causing hunger. 28 The Intervention/Stronger Futures and welfare reforms that impose cashless debit cards, additional burdens or penalties on Aboriginal and Torres Strait Islander Peoples must be abolished, and Homeland/Outstation communities must be refunded within 12 months. Australian land management and legislative regimes do not uphold the rights of Aboriginal and Torres Strait Islander Peoples to manifest, practice and teach cultural traditions and customs on traditional lands, territories and waters. Climate change is having a detrimental and inequitable impact on Aboriginal and Torres Strait Islander communities, with unendurable temperatures in central Australia. 29 Aboriginal and Torres Strait Islander Peoples have not been included in water/land regulatory bodies. 30 The commercial sale of water has also left Aboriginal and Torres Strait Islander communities dry, with health impacts from sub-standard water.31 Traditional Owners are concerned that hydraulic fracking will contaminate and deplete ground water.32 Australia must amend all policy and legislative regimes that impact Aboriginal and Torres Strait Islander rights to practice cultural traditions; facilitate Aboriginal and Torres Strait Islander decision making in regulatory water and land management bodies; and provide finances for Aboriginal and Torres Strait Islander communities to develop climate change mitigation strategies.33 4

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