CERD/C/62/D/26/2002 page 5 4.3 In view of the thorough consideration and rejection of the complaint before domestic instances, the State party also argues that the petition is insufficiently substantiated, for purposes of admissibility. 4.4 On the merits, the State party disputes that the facts disclose a violation of any articles of the Convention invoked. As to the claim under article 2, the State party submits that these obligations are of general principle and programmatic in character, and therefore accessory to other articles of the Convention. Accordingly, in the same way that the Human Rights Committee only finds a violation of article 2 of the International Covenant on Civil and Political Rights6 after finding a separate substantive violation of the Covenant, a violation of article 2 of the Convention could only arise after a violation of the other substantive articles (which is denied in its submissions under articles 4 to 7 below).7 Even if the Committee considers that article 2 can be directly breached, the State party submits that it has satisfied its obligations: it condemns racial discrimination, has enacted legislation and policy to make its practice by any person or body unlawful as well as to eliminate all forms of racial discrimination and actively promote racial equality, and has provided effective mechanisms of redress. 4.5 In terms of the specific paragraphs of article 2, as to paragraph 1 (a), the State party cites academic commentary to the effect that this provision does not deal with private acts of discrimination (which are referred to in subparagraphs (b) and (d)).8 As the Toowomba Sports Ground Trust is a private body rather than a public authority or government agent, its acts fall outside the scope of paragraph 1 (a). As to paragraph 1 (b), the State party relies on commentary that this provision is intended to prevent any actor engaged in racial discrimination from receiving State support.9 The State party submits that neither the establishment of the Sports Ground Trust, its continued existence, nor its response to the communication can be taken as any State sponsorship, defence or support of any racial discrimination committed by the Trust (which is denied). 4.6 As to paragraph 1 (c), the State party refers to its submissions below that no racial discrimination has been suffered.10 That the petitioner’s complaint under the Racial Discrimination Act was unsuccessful does not detract from the effectiveness of that legislation, nor does it suggest that the Act creates or perpetuates racial discrimination. As to paragraph 1 (d), the State party again refers to its submissions that no racial discrimination has occurred, and to its general remarks above on article 2.11 As to paragraph 1 (e), the State party refers to commentary that this provision is “broadly and vaguely worded”, leaving undefined “[w]hat ‘integrationist’ movements are, and what ‘strengthens’ racial division”.12 The State party recalls that Australia is a multicultural society, and that its laws and policies are designed to eliminate direct and indirect racial discrimination and actively to promote racial equality. It refers to its periodic reports to the Committee for in-depth description of these laws and policies. As to paragraph 2, the State party submits that the petitioner has failed to indicate how the circumstances of his case warrant the implementation of “special measures”. Alternatively, it refers to its submissions that no discrimination has taken place for the conclusion that no need for “special measures” arises. 4.7 As to the petitioner’s claim under article 4, the State party invokes its reservation to this article.13 The State party recalls that pursuant to its obligations under this article, it enacted Part II A of the Racial Discrimination Act, including section 18 C, under which the petitioner

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