A/HRC/15/37/Add.4 • The Australian Crime Commission’s (ACC) special law enforcement powers will be amended to make it clear that these powers are in relation to serious violence or child abuse committed against an indigenous person, which is a change from the existing provision which applies to serious violence or child abuse by or against, or involving, an indigenous person. 50. In addition to providing the foregoing summary of the proposed reforms, the Government addressed the Special Rapporteur’s concerns about current provisions of the NTER that limit consideration of customary law and cultural practices in criminal proceedings (see para. 13, supra). The Government stated that, while the NTER limits the contexts in which customary law and cultural practice may be considered by the legal system, it is not intended to exclude them entirely as factors that may be taken into account in bail and sentencing decisions. According to the Government, legislative amendments prevent customary law and cultural practice being taken into account only as a reason for mitigating or aggravating the seriousness of criminal behaviour. Evidence of results of the NTER with specific reference to income management 51. The Government argues that the NTER has in fact yielded intended results, asserting generally that results can be discerned from the feedback provided during consultations and in other research and evidence. Beyond this general assertion, the Government provides a summary of information taken from Government and other sources to show the practical benefits of the income management regime of the NTER. 52. As told by the Government, these sources reveal data showing that people subject to income management are buying more and healthier food, resulting in greater nutritional well-being, especially for children. Additionally, surveys referenced by the Government indicate that initial mistrust and confusion about income management has abated over time, and that women and caregivers in particular were found to speak most positively about aspects of income management. Reference to international instruments 53. In regard to rights identified by the Special Rapporteur in relation to several international instruments (at para. 16, supra), the Government states that it does not accept that the NTER infringed all of the rights mentioned. In particular, the Government rejects that the NTER constituted arbitrary interference with the family under article 17 of the International Covenant on Civil and Political Rights; that it denied the right of indigenous people under article 27 of the Covenant to enjoy their own culture, profess and practise their own religion, or use their own language; or that the NTER infringed the right to equality before the courts under article 14 of the Covenant. 54. Furthermore, the Government affirms that, since declaring its support for the Declaration on the Rights of Indigenous Peoples, it has acted consistently with the Declaration by consulting extensively with indigenous peoples on the future direction of the NTER. Also in regard to the Declaration, the Government states that it is unclear about how many of the articles cited by the Special Rapporteur can be construed to be violated by the NTER, mentioning in particular article 7 of the Declaration which is aimed at protecting the life and security of indigenous people. 55. The Government refers to the Special Rapporteur’s recommendation in paragraph 40 about special measures in connection with the Convention to Eliminate Discrimination and states, “differential treatment of particular groups can be undertaken consistent with the principle of ‘legitimate differential treatment’ under international law and, if so, is not discriminatory under international law”. According to the Government, “Such treatment need not conform to the requirements of a ‘special measure’ in order to be legitimate.” GE.10-13887 39