CERD/C/62/D/26/2002
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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