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