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Australia has a core of seven different types of treaties and in this research paper, the discussion on the International Convent on the elimination of all forms of Racial discrimination will be discussed and analyzed. It is a very important instrument for Australia's economy and it has a good impact on the maintenance of laws & regulations of Australia. The Australian government has adopted the instrument in 1965 and the action came into force in 1969. This instrument was framed for resolving the racial problems which are raised in the country. It is considered a very important and proper instrument because CERD or “The convention on the elimination of all Forms of racial discrimination” was among the human rights which are also adopted by the United Nations.
Incorporation of Human Rights Instruments
This human right treaty has stated that any kind of racial differentiating activity or giving superiority on anything is false scientifically. The activities which are connected with racial discrimination and racial issues are morally condemnable, and unjust socially with dangerous outcome probability (Lim, 2018).
There is the existence of 9 “core international human rights instruments” that have significantly established the committee containing experts for monitoring the implementations concerning the treaty provisions. The instruments highlight the monitoring bodies like ICCPR “International Covenant on Civil and Political Rights” established in 1966, “International Convention on the Elimination of All Forms of Racial Discrimination” ICERD, established in 1965, and many more (Ohchr, 2022). The treaties have been helpful in supplementing optional protocols that are dealing with specified concerns which are established by the committee that has involved experts.
One specific instrument selected for addressing the human rights instruments that are incorporated and monitored in Australia is ICERD as racial discrimination is the basis of a barrier in realizing the human rights. The Australian government ratified the convention under CERD on 30 September 1975. The “CERD committee” was established for better monitoring and proper implementation of the rules and regulations in Australia (Fennelly and Murphy, 2021). “18 independent experts” were appointed for better implementation and following all the guidelines (Southalan, 2021). The countries which are ratified under the CERD convention are needed to submit a report to the CERD committee and the committee organizes meetings in Geneva.
Process of monitoring in Australia
The process of monitoring human rights is regulated with the help of “The Australian Human Right Commission Act 1986” and the monitoring is mainly done by the “Commonwealth Agency”. The commonwealth agency plays the main role in the monitoring of human rights and most of the critical monitoring is handled by the commonwealth committee (Mezmur, 2019). The monitoring mechanism which is used in the process of monitoring human rights on Racial discrimination in Australia is “Communications by individuals”, “Periodic reports by the states”, “The early warnings”.
Communications by individuals
The people who are affected by any kind of racial discriminating issues are free to lodge complaints against the state but the law and legislation of Australia regulating racial discrimination related to human rights do not allow any organization to file any complaint. “Article 2” supports the functions which initiate the monitoring of human rights in Australia (Ohchr, 2022).
Periodic reports by the states
The periodic reports by the state play a crucial role in the process of controlling human rights in Australia and the reports which are based on racial discriminating issues are produced in front of the CERD committee for decisions (Standfield and Russell, 2019). The reports from the committee or the decisional statements on the issues are performed according to the laws and legislation of Australia.
The early warnings
Early warnings on racial discrimination issues are given for the avoidance of racial discrimination (Standfield and Russell,2019). According to the “Racial discrimination Act 1975” racial activities are strictly prohibited in Australia so the RDA acts play a major role in the regulation of racial issues within Australia.
It can be concluded in the paper focusing on the incorporation of human rights instruments and the process of monitoring it with the help of some instruments. This paper had shed the light on different racial issues and the monitoring in this paper. The paper has described the incorporation process and the activities by the committee which regulate the matters of human rights on racial discrimination. The paper further mentioned the treaties have been helpful in supplementing optional protocols that are dealing with specified concerns like ICERD, ICCPR and CERD, however selecting CERD for this paper. This paper has included the activities of the “Racial discrimination Act 1975” and the functions of the “Australian Human Right Commission Act 1986” in the explanations of the monitoring process. This paper provides a comprehensive review of the different racial discriminating issues and the mitigation procedures of all these within Australia with help of proper laws and regulations.
Fennelly, D. and Murphy, C., 2021. Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive. Netherlands Quarterly of Human Rights, 39(4), pp.308-328. https://journals.sagepub.com/doi/pdf/10.1177/09240519211055648
Lim, L.L., 2018. A multicultural act for Australia. Cosmopolitan Civil Societies: An Interdisciplinary Journal, 10(2), pp.47-66.https://search.informit.org/doi/pdf/10.3316/informit.863221050019691
Mezmur, B.D., 2019. The Convention on the Rights of the Child, migration, and Australia: repositioning the convention from being a ‘wish list’to a ‘to do list’The 2018 Australian Human Rights Institute Annual Lecture. Australian Journal of Human Rights, 25(2), pp.177-199. https://www.tandfonline.com/doi/full/10.1080/1323238X.2019.1571386
Ohchr, 2022, The Core International Human Rights Instruments and their monitoring bodies, 2022, Available at: https://www.ohchr.org/en/core-international-human-rights-instruments-and-their-monitoring-bodies (accessed on: 25.08.2022)
Southalan, J., 2021. Indigenous rights and mining–international law and examples from Australia.https://futuremineandmineral.com/wp-content/uploads/2021/03/Southalan-paper.pdf
Standfield, R. and Russell, L., 2019. Indigenous activism for human rights: A case study from Australia. In The Routledge History of Human Rights (pp. 432-447). Routledge. https://www.taylorfrancis.com/chapters/edit/10.4324/9780429324376-23/indigenous-activism-human-rights-rachel-standfield-lynette-russell