A/HRC/36/46/Add.2 Parliament to legislate for “people of any race for whom it is deemed necessary to make special laws”. The Constitution contains few provisions for the protection of human rights, and only five explicit provisions on individual rights. 6 18. Each of the six states and two territories in the Federation has its own parliament, government and laws. Each of the states have constitutions that recognize Aboriginal peoples, and the Queensland constitution specifically also recognizes Torres Strait Islander peoples. 19. The Council of Australian Governments is an intergovernmental entity, chaired by the Prime Minister, comprising the federal, state and territory governments. Its role is to manage matters of national significance or matters that need coordinated action by all Governments of Australia. 7 The “Closing the Gap” strategy on reducing indigenous disadvantage in health, education and unemployment was adopted jointly by the Council in 2008 and enjoys bipartisan support. The Prime Minister presents an annual national progress report to Parliament.8 20. The Australian Human Rights Commission is an independent national human rights institution with statutory responsibilities under the federal Australian Human Rights Commission Act 1986, the Racial Discrimination Act 1975 and the Native Title Act 1993. The Aboriginal and Torres Strait Islander Social Justice Commissioner monitors the enjoyment and exercise of human rights for indigenous Australians and tables an annual report in Parliament.9 On 1 April 2017, the Special Rapporteur was delighted to meet with June Oscar, the first indigenous woman to take up the position of Aboriginal and Torres Strait Islander Social Justice Commissioner. 21. The Parliamentary Joint Committee on Human Rights is established by the Human Rights (Parliamentary Scrutiny) Act 2011. Its main function is to examine all bills and legislative instruments for compatibility with the seven core human rights treaties to which Australia is a party, and to report to Parliament on its findings. 10 The Special Rapporteur was pleased to meet with the Committee members and discuss with them their important findings in their review of the “Stronger Futures” legislation in the Northern Territory and their inquiry on proposed amendments to the Racial Discrimination Act. V. Principal human rights concerns A. Constitutional recognition, treaty and truth commission 22. The Special Rapporteur commends the bipartisan political support since 2011 for ensuring recognition of Aboriginal and Torres Strait Peoples in the Constitution. The consultations, led by the Referendum Council 11 through a series of dialogue meetings with indigenous representatives across the country, play a key role in informing that process. The Special Rapporteur met with the Co-Chairs of the Referendum Council and briefly took part in the consultation in Cairns. 23. Constitutional recognition of indigenous peoples is of fundamental importance as it celebrates the history and cultural heritage of the First Peoples of Australia and provides a key measure of reconciliation by acknowledging to their role in the national identity. While recognizing the complexities constitutional change entail (i.e. requiring the majority vote both of the population and of the States), the Special Rapporteur notes that the government initiative has dragged on for nearly a decade. Already at the time of her predecessor’s visit in 2009, the Government had recognized the need for constitutional recognition. 6 7 8 9 10 11 See www.humanrights.gov.au/how-are-human-rights-protected-australian-law. See www.coag.gov.au/about-coag. See http://closingthegap.pmc.gov.au/. See www.humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice. See www.aph.gov.au/joint_humanrights. See www.referendumcouncil.org.au/. 5