A/HRC/15/37/Add.4 management account”. The quarantined funds can only be spent in specially licensed stores on “priority needs”, such as food, clothing, and household items, using a bright green “BasicsCard” that clearly identifies its holder as someone subject to income management. This regime applies to all those living in prescribed areas inhabited by indigenous peoples, regardless of whether or not they have responsibilities over children or have been shown to have problems managing income in the past. By contrast, outside of the prescribed areas, income quarantining applies only on a case-by-case basis in demonstrated situations of neglect, abuse, or inadequate school attendance. Further, the NTER terminated the Community Development Employment Project (“CDEP”), under which the Commonwealth provided funding to employers to hire Aboriginal peoples who otherwise would have received unemployment support. Since termination of the CDEP, payments are now classified as unemployment payments, and are therefore subject to compulsory income management.5 • The NTER imposes bans on alcohol consumption and pornographic materials within Aboriginal communities in prescribed areas (with limited exceptions to the alcohol ban), and in connection with the pornography ban requires policing of the use of publicly funded computers. Mandatory signs are prominently placed at the entrances to the communities, announcing the alcohol and pornography bans (“it is an offence to bring, possess, consume, supply, sell or control liquor in a prescribed area without a liquor permit or license” and “it is an offense to bring, possess, supply, sell and transport certain prohibited material in a prescribed area”) and outlining serious fines, up to AUD 74,800 and/or 18 months in jail for failure to abide by the restrictions.6 • Part 6 of the NTER Act limits the consideration of indigenous customary law or the cultural practice of an offender in criminal proceedings for all alleged offences (not just those involving domestic or sexual violence), in bail applications and sentencing. • The Australian Crime Commission is accorded special powers, approved for use by the National Indigenous Violence and Child Abuse Intelligence Taskforce, to enhance its ability to collect information on alleged crime affecting indigenous communities. These include secrecy and witness confidentiality provisions, and special access to individuals’ records. 14. The Special Rapporteur cannot avoid observing that, on their face, these measures involve racial discrimination. Under the International Convention on the Elimination of All Forms of Racial Discrimination (“Convention to Eliminate Discrimination”), to which Australia is a party, “the term ‘racial discrimination’ shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life” (art. 1.1). 5 6 GE.10-13887 The Special Rapporteur heard reports that the termination of the CDEP has had both negative effects on Aboriginal employees who are left to seek work into the formal labour market without adequate alternative employment options or training, and on employers, who have lost funds with which to hire Aboriginal employees thereby, abruptly reducing their potential workforce. These maximum fines are, with respect to alcohol restrictions: AUD 1,100 for the first office, $2,200 for the second or subsequent offences, and $74,800 and/or 18 months in jail for supplying/intending to supply over 1,350 ml quantity of pure alcohol in liquor to a third person; and with respect to the prohibited materials restrictions, $5,500 for “level 1 material and” $11,000 for “level 2 material”. 29