A/HRC/36/46/Add.2 24. Indigenous peoples informed the Special Rapporteur about complimentary proposals to negotiate treaties with the Government and to establish a truth commission to ensure better public recognition of the structural powerlessness inflicted through history. Such measures would pay tribute to the unique role of Aboriginal and Torres Strait Islanders in Australian society, recognize their rights and contribute to better public awareness of how past policies and practices have conditioned and curtailed their present participation in Australian society. 25. The Special Rapporteur notes as very positive that the governments of Victoria, South Australia and the Northern Territory are already leading initiatives to seek a treaty with Aboriginal peoples. 26. After her visit, the Special Rapporteur was informed of the outcome of the consultation process adopted on 26 May 2017, referred to as “the Uluru Statement of the Heart”. It calls for the establishment of a “First Nations Voice” enshrined in the Constitution and of a “makarrata” commission to supervise an agreement process between governments and First Nations that would include truth-telling about Aboriginal and Torres Strait Islander peoples’ history.12 The Referendum Council presented its final report to the Prime Minister and the Leader of the Opposition on 30 June 2017. B. Racism and racial discrimination 27. During the visit, the Government regretfully decided for the second time since 2014 to pursue a bill to amend section 18C of the Racial Discrimination Act. The Parliamentary Joint Committee on Human Rights reviewed the Act in its comprehensive inquiry and report, presented in February 2017, on whether the it imposes unreasonable restrictions on freedom of speech.13 28. The Special Rapporteur was further disheartened by the fact that the Government had chosen to launch the bill on 21 March, the International Day for the Elimination of Racial Discrimination. The proposed changes to the provisions would replace the terms “offend, insult, humiliate” with the term “harass”, and would include the notion of the “reasonable member of the Australian community” as the standard by which any acts would be judged, rather than by members of the affected community. Indigenous organizations were excluded from participating during the Senate debate on the draft bill. The draft bill was defeated in the Senate, which hopefully marks the end of the matter. 29. While recognizing the need to balance the right to freedom of expression with the protection against racial discrimination, the Special Rapporteur wishes to underline that the debate on this issue has been hugely damaging for the trust that indigenous peoples have in the Government. It has also sent the unfortunate signal to the public and the media that racial vilification is permissible and risks undermining efforts by the Government to seek reconciliation with Aboriginal and Torres Strait Islander peoples. 30. The Special Rapporteur found deeply disturbing the numerous reports on the prevalence of racism against Aboriginal and Torres Strait Islander Peoples. Racism manifests itself in different ways, ranging from public stereotyped portrayals as violent criminals, welfare profiteers and poor parents, to discrimination in the administration of justice. Aboriginal doctors and patients informed the Special Rapporteur about their experiences of racism within the medical sector and their reluctance to seek services from mainstream medical providers. Institutional racism has been identified in the National Aboriginal and Torres Strait Islander Health Plan (2013-2023) and its implementation plan as a significant barrier in the delivery of health care. 14 Support for Aboriginal and Torres Strait Islander managed medical services is indispensable for improving health indicators 12 13 14 6 See www.referendumcouncil.org.au/sites/default/files/2017-05/Uluru_Statement_ From_The_Heart_0.PDF. See www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights_inquiries/ FreedomspeechAustralia. See www.health.gov.au/natsihp.