Submission This joint submission has been prepared by, and in consultation with, a broad-based coalition of Australian non-government organisations (Annexure A). It has been endorsed, in whole or in part, by 202 NGOs (Annexure B). Highlighted issues are often relevant to more than one population group, reflecting the intersectionality of inequality and compounding nature of discrimination and disadvantage. In particular, Aboriginal and Torres Strait Islander Peoples are significantly overrepresented across all low social indicators as a result of the continuing impact of colonisation, marginalisation and racism. These unique factors require specific Aboriginal and Torres Strait Islander controlled and targeted strategies that reflect the self-determination of Aboriginal and Torres Strait Islander Peoples. CONSTITUTIONAL, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK Australia’s Constitution does not support the self-determination, or recognise the rights of Aboriginal and Torres Strait Islander Peoples, and enables Parliament to enact discriminatory, race-based legislation.1 Australia must hold a referendum to revise the Constitution to recognise Aboriginal and Torres Strait Islander Peoples' rights, remove racist elements and include an anti-discrimination clause. Australia must establish an Aboriginal and Torres Strait Islander elected representative Voice to Parliament and establish a Makarrata and Truth and Justice Commission to develop a treaty with the First Peoples of Australia.2 Australia continues to fail to fully incorporate its international human rights obligations into domestic law. An Australian Charter of Rights would help ensure decisions and actions of our governments meet their obligations and are guided by values like fairness, equality and dignity. Australia must introduce a comprehensive, judicially enforceable national Charter of Human Rights and Freedoms that protects the whole community. Similar charters must be introduced in states and territories. Australia must incorporate the UN Declaration on the Rights of Indigenous Peoples into domestic law, establish an independent body to oversee its implementation in consultation with Aboriginal and Torres Strait Islander Peoples, and include UNDRIP in the Human Rights (Parliamentary Scrutiny) Act. Not all Australian jurisdictions have compensation schemes for members of the Stolen Generations. 3 Australia must urgently compensate all members of the Stolen Generations, as recommended by the Bringing Them Home Report.4 Concern persists about Australia’s failure to ratify key international human rights instruments, reservations to existing ratifications, and the lack of implementation of previous UPR and UN recommendations. Within three years, Australia must ratify the Convention on Migrant Workers, ILO 169 on Indigenous and Tribal Peoples, Convention against Enforced Disappearances, OP to ICESCR, Nagoya Protocol and Third OP to the CRC. Within two years, Australia must withdraw all treaty reservations, including to CRC Article 37(c) regarding children in detention.5 Australia must also immediately task its Joint Parliamentary Committee on Human Rights with monitoring domestic consideration and implementation of UN human rights recommendations. Australia ratified OPCAT, following its 2016 UPR voluntary commitment. There is a lack of commitment to implementing a National Preventive Mechanism and concern this will result in a NPM lacking the essential powers, resources, independence, and uniformity necessary to fulfil its OPCAT obligations. 6 3