E/CN.4/1998/6/Add.1 page 5 18. It should be made clear that, because of its legal nature, the 1981 Declaration cannot be ratified. However, the Australian authorities took the view that they were bound by that instrument and included it within HREOC's jurisdiction. Thus, although a citizen cannot apply for a remedy on the basis of the 1981 Declaration, such an application is possible in the context of HREOC. In this connection, HREOC representatives said that, because of their limited jurisdiction, only a few such remedies had been applied for under the 1981 Declaration (fewer than 10 since 1993). It was recalled that “the HREOC Act does not guarantee rights and does not prohibit discrimination. It does not provide enforceable remedies”. Through the process of the submission of its report to the Parliament for discussion, however, the Commission has a means of exerting moral and political pressure. It can also show initiative enabling it to go beyond the limits set by the Commonwealth. In this connection, the Special Rapporteur welcomes HREOC's initiative of launching a campaign, by means of a working paper entitled “Free to believe? The right to freedom of religion and belief in Australia”, to collect information and comments on Australia's compliance with the 1981 Declaration and its experience of freedom of religion and belief. HREOC will then submit a report to the Federal Attorney-General to advise him on the action to be taken to ensure that Australia complies with the provisions of the Declaration. 19. In addition to the HREOC Act 1986, the Racial Discrimination Act (1975) is of particular importance, even though it provides limited protection against discrimination on religious grounds. “If a religious group can also be classified as an 'ethnic' group, the Act may cover direct and indirect discrimination and vilification under the racial hatred provisions of the Act. Even if a religious group cannot be classified in that way, the Act arguably covers discrimination on the basis of religion in certain circumstances as indirect race discrimination. Indirect discrimination occurs when a practice or policy treats everyone in the same manner, but in effect disadvantages a higher proportion of people from particular racial or ethnic groups and it is not reasonable in the circumstances” (for example, denying a job to an Australian Muslim woman who wears the headscarf). C. State and Territory laws 20. As indicated in section A on the Australian Constitution, the protection of religious freedom provided for in article 116 of the Constitution is applicable to the Commonwealth and not to the individual States and Territories; that explains why there is a wide variety of legislation in the States and Territories. Although the international instruments covered by the 1986 HREOC Act form part of Federal legislation, the Act provides that it is not binding on the States. 21. With regard to the laws, Tasmania is the only Australian State whose Constitution contains a provision on religious freedom. The States of Victoria, Queensland and Western Australia and the self-governing Territories have adopted anti-discrimination acts. “Each of the Acts makes it unlawful to