E/CN.4/1998/6/Add.1 page 4 religious schools were contrary to article 116 of the Constitution, since such public funding was granted without distinction between the various religions and was therefore not tantamount to the establishment of a religion. This decision was a turning-point in case law and reflected a conciliatory attitude and an interpretation that was diametrically opposed to that of the Supreme Court of the United States of America, which interpreted the Constitution as providing for the separation of Church and State by prohibiting public funding for denominational schools (see Reynolds v. United States case). 14. During his talks, the Special Rapporteur noted that there are two trends with regard to article 116 of the Constitution. Some persons with whom he spoke regretted that the law provided only limited protection for religious freedom and said that religious freedom and even religious tolerance should be referred to specifically and that Federal guarantees should be extended to all States and Territories. Many persons considered, however, that the existing constitutional provisions are adequate and recalled that, in the common law tradition, most citizens' freedoms had been given by judges rather than by the law and that an extension of the provisions of article 116 to the States and Territories of the Commonwealth would be seen as interference by a population that is suspicious of politicians. Many persons stressed that religious freedom depended not so much on the law, but on Australia's practice and tradition of tolerance and religious freedom. B. Federal laws 15. In accordance with the Australian Constitution, the Commonwealth is responsible for external affairs and, in particular, the adoption of legislation to give effect to the international treaties that have been ratified. Among the texts of particular interest for the Special Rapporteur's mandate, attention is drawn to the Human Rights and Equal Opportunity Commission Act 1996 (HREOC), which sets up the Human Rights and Equal Opportunity Commission. 16. HREOC's mandate is, inter alia, to promote understanding, acceptance and public discussion of human rights and equal opportunity in employment; to investigate Commonwealth acts and practices which are not in keeping with human rights and constitute discrimination; to advise the Parliament on legislation and the Commonwealth on activities relating to human rights, equality of opportunity and employment; and to suggest action to be taken by Australia in accordance with the international instruments to which it is a party. 17. It should be stressed that the HREOC's mandate allows it to base itself on human rights definitions contained in the International Covenant on Civil and Political Rights and in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. It is thus fully authorized to exercise its jurisdiction, particularly with regard to the settlement of disputes and the education of citizens whenever manifestations of intolerance and of discrimination based on religion or belief are brought to its attention.