Questions and answers regarding the Australian Human Rights Commission's attendance at the Durban Review and outcomes for the Commission
11 June 2009
1. When did the Australian Human Rights Commission decide to attend the Durban Review Conference?
The decision was made at the Commission meeting of 17 December 2008.
2. Why did the Australian Human Rights Commission attend the Durban Review Conference?
The Durban Review Conference dealt with a range of issues concerning racism, many of which are relevant within the Australian context, particularly the issue of racism against Indigenous peoples and discrimination within employment.
The Commission decided to participate in the conference in order to share common experiences on these issues and learn from other countries about the most effective ways of addressing racism.
The Australian Human Rights Commission is an independent body with a legislative mandate, under the Racial Discrimination Act, to combat racial discrimination and prejudices that lead to racial discrimination.
The decision of the Commission for the Race Discrimination Commissioner to attend the Durban Review Conference 2009 in Geneva was taken in consideration of the Commission's functions under the Racial Discrimination Act.
3. What was the Commission’s status at the Conference?
The Australian Human Rights Commission had observer status only at this conference.
A majority of National Human Rights Institutions, the Australian Human Rights Commission being among them, must adhere to the Principles relating to the Status of National Institutions (Paris Principles) which require human rights institutions to be independent from states in fulfilling their role in promoting human rights and combating discrimination.
It is on the basis of this independence that the Australian Human Rights Commission, as a National Human Rights Institution, had observer status at the conference.
4. What other National Human Rights Institutions attended the Conference?
The Commission was one of 39 National Human Rights Institutions which attended the Conference, including New Zealand and Germany whose governments, like Australia, boycotted the Conference.
5. Why did the Australian Human Rights Commission not leave the Conference after the Iranian President’s anti-Semitic comments or issue a statement denouncing such comments?
Heads of State attending United Nations Forums are automatically given a platform to speak if they so choose.
The Australian Human Rights Commission was not representing the Australian Government. It is not the role of a National Human Rights Institution to comment on the actions of Heads of foreign States.
The Race Discrimination Commissioner was participating as an expert panel member of a side event during the Iranian President’s speech.
6. What were the outcomes for the Australian Human Rights Commission in attending the Durban Review Conference?
The Durban Review Conference Outcome document can be found at www.un.org/durbanreview2009/pdf/Durban_Review_outcome_document_En.pdf
The Race Discrimination Commissioner participated in a forum which discussed the rights of Indigenous people and whether the DDPA (Durban Declaration and Program of Action) sufficiently reflected the Declaration on Rights of Indigenous people.
The Commissioner also discussed the Northern Territory Emergency Response and the suspension of the Racial Discrimination Act. The discussion addressed how the issues faced by Indigenous peoples in Australia can be addressed without resorting to discriminatory legislation.
The Commissioner participated in a forum with the New Zealand Race Relations Commissioner which looked at regional and domestic mechanisms for National Human Rights Institutions (NHRIs) to monitor, for example, the recommendations of treaty bodies.
The Commission was also funded by the United Nations to be an expert member of a 'Policing and Diversity' panel.
The Conference provided the Race Discrimination Commissioner with the opportunity to learn about how countries like Ireland and South Africa have developed and implemented their National Action Plan to Combat Racism. These are initiatives that the Commissioner will be discussing with the Australian Government.
The Conference cemented links for the Commission with the UNESCO’s initiative, Coalition of Global Cities Against Racism, and the Commission has already begun discussions about how we might move towards implementing the initiative in Australia.
Attendance at the Conference has also contributed to the Commission’s current consideration of the effectiveness of the Racial Discrimination Act (RDA) in Australia. The Commission is examining the many ways in which the RDA needs to remain responsive to the changing makeup, needs and attitudes of Australian society. International experience in relation to this issue is invaluable in expanding the range of options available to achieve this.
The Conference also provided the chance for the Commissioner to discuss different proactive models that other countries are implementing, such as positive duties to combat discrimination, particularly in the area of employment.
