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25 August 2000
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MORNING
HR/ESC/00/42
25 August 2000
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES
CONSIDERATION OF THIRD PERIODIC REPORT OF AUSTRALIA
The Committee on Economic, Social and Cultural Rights this morning continued its examination of the third periodic report of Australia on how that country complies with the rights and principles guaranteed in the International Covenant on Economic, Social and Cultural Rights.
A Government delegation was asked a number of questions concerning the situation of Australia's indigenous population, such as the disparity in life expectancy rates between indigenous and non-indigenous peoples, and the right to self-determination.
The delegation said the Government had always been anxious to draw on best practices in relation to Aboriginal affairs. Last year, officials visited both Canada and the United States for this purpose. In Canada, there were plans to help indigenous peoples with their economic development, which inspired a similar plan that was now being drafted in Australia. But there were differences as well. The Aboriginal and the Torres Straight Island Commission was a unique structure -- it was the equivalent of a Government department controlled not by a minister, but by a popularly elected board. The board decided upon the distribution of resources. It had a central role.
Asked if there had been a recent shift in policy on aboriginal affairs because of the new Government, the delegation said the reality was that since the 1996 election, the new Government had given priority attention to areas like health and education, and had shifted resources away from other areas. The money the Government had spent on aboriginal issues was now, in real terms, the highest it had ever been.
The delegation also was asked about the large number of aboriginal people who died while in prison. It answered that while 15 per cent of the prison deaths in recent years had been Aboriginal inmates, the Aboriginal prison population was 17 per cent. The delegation added that efforts were being undertaken to reduce the aboriginal prison population, and while that had increased in recent years, it increased at a rate less than the non-indigenous prison population.
Committee experts also asked the delegation about more effective ways for Australia to promote human rights in less formal processes; the rights of refugees and asylum-seekers, particularly those who may have been living under detention; the economic activities of Australian women; programmes in place for unemployed people; the situation among unemployed teenagers; rights enjoyed by home-based outworkers; the right to form and join trade unions; changes in the social security budget; the two-year waiting period for migrants to qualify for social insurance; and domestic violence.
When the Committee reconvenes at 3 p.m., it will conclude its consideration of the third periodic report of Australia.
Discussion
The delegation said the Government had always been anxious to draw on best practices in relation to Aboriginal affairs. Last year, officials visited both Canada and the United States for this purpose. In Canada, there were plans to help indigenous peoples with their economic development, which inspired a similar plan that was now being drafted in Australia. But there were differences as well. The Aboriginal and the Torres Straight Island Commission was a unique structure -- it was the equivalent of a Government department controlled not by a minister, but by a popularly elected board. The board decided upon the distribution of resources. It had a central role.
Asked if there had been a recent shift in policy on aboriginal affairs because of the new Government, the delegation said the reality was that since the 1996 election, the new Government had given priority attention to areas like health and education, and had shifted resources away from other areas. The money the Government had spent on Aboriginal issues was now, in real terms, the highest it had ever been.
Answering a question concerning the large number of deaths of Aboriginal people in prisons, the delegation said obviously the number of deaths in prison custody fluctuated from year to year. Last year the number had been higher than previous years, but in recent years Aboriginal custody deaths accounted for 15 per cent of all deaths, and their population in prison was 17 per cent. Although the Aboriginal prison population had increased in the last five years, the non-aboriginal population had increased at a higher rate.
Asked about the implementation of the Covenant in the domestic laws of Australia, the delegation said Article 2 of the Covenant did not require the State to incorporate the Covenant into domestic law. It recognized that parties did have discretion in which way it implemented its terms. The Covenant also recognized that implementation was progressive. Almost all of the rights in the Covenant were implemented in Australia. There was a wide-range of legislation that implemented measures of the Convention at State and Territory levels. Many of the rights in the Covenant were best reached through policies such as universal access to health care.
Concerning the situation of refugees and asylum-seekers, the delegation said anyone could apply to migrate to Australia. It was dependent upon three streams: a skill stream; a family stream; and a humanitarian stream. In 2001, 88,000 places were available, for which 12,000 places were set aside for refugee applicants. Of these, 10,000 were set aside for persons from overseas. The Government was committed to a multi-cultural policy that recognized the benefits of the nation's diversity, and sought to ensure that it was a positive benefit. Australia took very seriously its international responsibilities, especially where it concerned the needs and concerns of refugees. Lawful permanent residents of Australia had the same rights as Australian citizens, except for the right to vote. They also had access to citizenship after two years of lawful permanent residency. Australia did not have a policy of detaining asylum-seekers. It did have a policy of detaining people who arrived without documentation or fraudulent documentation. The detention was not for seeking asylum, it was for unlawful entry.
The delegation said asylum-seekers who were in the community -- not detained -- were eligible for financial assistance for basic needs, and had access to work rights, health care and education. The financial assistance scheme paid 89 per cent of the benefit that went to Australian nationals. Last year 1,773 received that benefit. Another benefit was access to Medicare, the Australian national health care scheme. Other social services were also available to them. Children of asylum-seekers had the same access to free education as nationals and legal residents. Recognizing the circumstances that these people had already survived before landing in Australia, the Government provided other services, including English language education and free translation and interpretation services.
Answering a question regarding gender equality, the delegation said women made up more than half of the students starting undergraduate degrees, and there were more women in the workforce than ever before. Also, the disparity in the gender pay gap was as narrow as it had ever been. One-third of Australia's small business operators were women.
About unemployment programmes that were in place, the delegation said the Job Network went into place in 1998, and replaced an older system. It was the main source of the Government's unemployment system. It provided a range of assistance depending on need -- from job training to individualized support for those most in need. It focused on the needs of the individual, and data showed that the majority of unemployed were those without an English-speaking background. An independent evaluation had concluded that Job Network was successfully implemented, and was endorsed by its clients.
Concerning reports of a high unemployment rate in South Australia, and among young people, the delegation said unemployment had been a problem across the world, and all Governments had struggled to address it. But in Australia, progress had been made. Australia was in its longest growth period since the 1950s. International comparisons showed that employment growth had been faster than other G-7 countries. For the age 15 to 19 population, the unemployment figure was 20 per cent as opposed to 38.4 per cent in other G-7 countries. It had dropped in recent years. While it was high, the number was relatively small. The figure included only teenagers in the full-time workforce, not any teenager in school.
Questioned about home-based outworkers, many of whom came from South-East Asia, the delegation said there was a minimum wage for them, and punishments for its violation. An education programme had been undertaken to make employers aware of these laws and other standards. There was also an advertising campaign to raise awareness. In addition, with the support of the federal Government, employee and employer groups got together to form a homeworker Code of Practice. This Code of Practice was regarded as a major breakthrough for the industry.
About the right to form and join trade unions, the delegation said the Workplace Relations Act of 1996 was in compliance with Article 8 of the Covenant. The Act offered decent protection to workers in case of dismissal. While the act encouraged individual bargaining, but it in no way reduced the right of collective bargaining. These matters were the subject of continuing dialogue with the International Labour Organization.
Answering a question about a reported cut in the social security system, the delegation said it was incorrect to claim there was a cut to the social security budget. Services to customers had improved significantly since 1997.
Asked about what steps the Government had taken to assist migrants, the Government said there was a two-year waiting period for social security payments. It was important to consider who was affected. It did not affect all migrants or all social security payments. Refugees were exempt, as was their immediate family. Migrants had immediate access to health care, including free hospital treatment. Those most likely to be affected would be the ones in the skilled stream, and they were accepted under the assumption that they would be able to find work quickly. At present, there were over 2,000 migrants receiving special benefits within the waiting period. There was a safety net, and it was working.
As for statistics of domestic violence, the delegation said Australia was one of the few nations that collected and disseminated data on domestic violence. A 1996 survey showed that 23 per cent of women respondents who had ever been married had experienced violence from a partner. It was unacceptably high within some Aboriginal families. In 1997, the Prime Minister called together the first-ever Domestic Violence Summit. The federal government was providing 50 million Australian dollars over four years to address the problem. Six million dollars had been specifically earmarked for indigenous programmes to combat domestic violence.
HR/ESC/00/42
25 August 2000
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES
CONSIDERATION OF THIRD PERIODIC REPORT OF AUSTRALIA
The Committee on Economic, Social and Cultural Rights this morning continued its examination of the third periodic report of Australia on how that country complies with the rights and principles guaranteed in the International Covenant on Economic, Social and Cultural Rights.
A Government delegation was asked a number of questions concerning the situation of Australia's indigenous population, such as the disparity in life expectancy rates between indigenous and non-indigenous peoples, and the right to self-determination.
The delegation said the Government had always been anxious to draw on best practices in relation to Aboriginal affairs. Last year, officials visited both Canada and the United States for this purpose. In Canada, there were plans to help indigenous peoples with their economic development, which inspired a similar plan that was now being drafted in Australia. But there were differences as well. The Aboriginal and the Torres Straight Island Commission was a unique structure -- it was the equivalent of a Government department controlled not by a minister, but by a popularly elected board. The board decided upon the distribution of resources. It had a central role.
Asked if there had been a recent shift in policy on aboriginal affairs because of the new Government, the delegation said the reality was that since the 1996 election, the new Government had given priority attention to areas like health and education, and had shifted resources away from other areas. The money the Government had spent on aboriginal issues was now, in real terms, the highest it had ever been.
The delegation also was asked about the large number of aboriginal people who died while in prison. It answered that while 15 per cent of the prison deaths in recent years had been Aboriginal inmates, the Aboriginal prison population was 17 per cent. The delegation added that efforts were being undertaken to reduce the aboriginal prison population, and while that had increased in recent years, it increased at a rate less than the non-indigenous prison population.
Committee experts also asked the delegation about more effective ways for Australia to promote human rights in less formal processes; the rights of refugees and asylum-seekers, particularly those who may have been living under detention; the economic activities of Australian women; programmes in place for unemployed people; the situation among unemployed teenagers; rights enjoyed by home-based outworkers; the right to form and join trade unions; changes in the social security budget; the two-year waiting period for migrants to qualify for social insurance; and domestic violence.
When the Committee reconvenes at 3 p.m., it will conclude its consideration of the third periodic report of Australia.
Discussion
The delegation said the Government had always been anxious to draw on best practices in relation to Aboriginal affairs. Last year, officials visited both Canada and the United States for this purpose. In Canada, there were plans to help indigenous peoples with their economic development, which inspired a similar plan that was now being drafted in Australia. But there were differences as well. The Aboriginal and the Torres Straight Island Commission was a unique structure -- it was the equivalent of a Government department controlled not by a minister, but by a popularly elected board. The board decided upon the distribution of resources. It had a central role.
Asked if there had been a recent shift in policy on aboriginal affairs because of the new Government, the delegation said the reality was that since the 1996 election, the new Government had given priority attention to areas like health and education, and had shifted resources away from other areas. The money the Government had spent on Aboriginal issues was now, in real terms, the highest it had ever been.
Answering a question concerning the large number of deaths of Aboriginal people in prisons, the delegation said obviously the number of deaths in prison custody fluctuated from year to year. Last year the number had been higher than previous years, but in recent years Aboriginal custody deaths accounted for 15 per cent of all deaths, and their population in prison was 17 per cent. Although the Aboriginal prison population had increased in the last five years, the non-aboriginal population had increased at a higher rate.
Asked about the implementation of the Covenant in the domestic laws of Australia, the delegation said Article 2 of the Covenant did not require the State to incorporate the Covenant into domestic law. It recognized that parties did have discretion in which way it implemented its terms. The Covenant also recognized that implementation was progressive. Almost all of the rights in the Covenant were implemented in Australia. There was a wide-range of legislation that implemented measures of the Convention at State and Territory levels. Many of the rights in the Covenant were best reached through policies such as universal access to health care.
Concerning the situation of refugees and asylum-seekers, the delegation said anyone could apply to migrate to Australia. It was dependent upon three streams: a skill stream; a family stream; and a humanitarian stream. In 2001, 88,000 places were available, for which 12,000 places were set aside for refugee applicants. Of these, 10,000 were set aside for persons from overseas. The Government was committed to a multi-cultural policy that recognized the benefits of the nation's diversity, and sought to ensure that it was a positive benefit. Australia took very seriously its international responsibilities, especially where it concerned the needs and concerns of refugees. Lawful permanent residents of Australia had the same rights as Australian citizens, except for the right to vote. They also had access to citizenship after two years of lawful permanent residency. Australia did not have a policy of detaining asylum-seekers. It did have a policy of detaining people who arrived without documentation or fraudulent documentation. The detention was not for seeking asylum, it was for unlawful entry.
The delegation said asylum-seekers who were in the community -- not detained -- were eligible for financial assistance for basic needs, and had access to work rights, health care and education. The financial assistance scheme paid 89 per cent of the benefit that went to Australian nationals. Last year 1,773 received that benefit. Another benefit was access to Medicare, the Australian national health care scheme. Other social services were also available to them. Children of asylum-seekers had the same access to free education as nationals and legal residents. Recognizing the circumstances that these people had already survived before landing in Australia, the Government provided other services, including English language education and free translation and interpretation services.
Answering a question regarding gender equality, the delegation said women made up more than half of the students starting undergraduate degrees, and there were more women in the workforce than ever before. Also, the disparity in the gender pay gap was as narrow as it had ever been. One-third of Australia's small business operators were women.
About unemployment programmes that were in place, the delegation said the Job Network went into place in 1998, and replaced an older system. It was the main source of the Government's unemployment system. It provided a range of assistance depending on need -- from job training to individualized support for those most in need. It focused on the needs of the individual, and data showed that the majority of unemployed were those without an English-speaking background. An independent evaluation had concluded that Job Network was successfully implemented, and was endorsed by its clients.
Concerning reports of a high unemployment rate in South Australia, and among young people, the delegation said unemployment had been a problem across the world, and all Governments had struggled to address it. But in Australia, progress had been made. Australia was in its longest growth period since the 1950s. International comparisons showed that employment growth had been faster than other G-7 countries. For the age 15 to 19 population, the unemployment figure was 20 per cent as opposed to 38.4 per cent in other G-7 countries. It had dropped in recent years. While it was high, the number was relatively small. The figure included only teenagers in the full-time workforce, not any teenager in school.
Questioned about home-based outworkers, many of whom came from South-East Asia, the delegation said there was a minimum wage for them, and punishments for its violation. An education programme had been undertaken to make employers aware of these laws and other standards. There was also an advertising campaign to raise awareness. In addition, with the support of the federal Government, employee and employer groups got together to form a homeworker Code of Practice. This Code of Practice was regarded as a major breakthrough for the industry.
About the right to form and join trade unions, the delegation said the Workplace Relations Act of 1996 was in compliance with Article 8 of the Covenant. The Act offered decent protection to workers in case of dismissal. While the act encouraged individual bargaining, but it in no way reduced the right of collective bargaining. These matters were the subject of continuing dialogue with the International Labour Organization.
Answering a question about a reported cut in the social security system, the delegation said it was incorrect to claim there was a cut to the social security budget. Services to customers had improved significantly since 1997.
Asked about what steps the Government had taken to assist migrants, the Government said there was a two-year waiting period for social security payments. It was important to consider who was affected. It did not affect all migrants or all social security payments. Refugees were exempt, as was their immediate family. Migrants had immediate access to health care, including free hospital treatment. Those most likely to be affected would be the ones in the skilled stream, and they were accepted under the assumption that they would be able to find work quickly. At present, there were over 2,000 migrants receiving special benefits within the waiting period. There was a safety net, and it was working.
As for statistics of domestic violence, the delegation said Australia was one of the few nations that collected and disseminated data on domestic violence. A 1996 survey showed that 23 per cent of women respondents who had ever been married had experienced violence from a partner. It was unacceptably high within some Aboriginal families. In 1997, the Prime Minister called together the first-ever Domestic Violence Summit. The federal government was providing 50 million Australian dollars over four years to address the problem. Six million dollars had been specifically earmarked for indigenous programmes to combat domestic violence.