A/HRC/15/37/Add.4 commitment to tackle the issue of sexual abuse of indigenous children in the Northern Territory as a matter of urgency and priority. 9. At the same time however, the Special Rapporteurs expressed concern about the numerous reports received alleging potential or actual contradiction between the new legislation and international human rights standards that are binding upon Australia. In particular, they expressed concern that the NTER measures “include restrictions on the exercise of individual rights of the members of Aboriginal communities, including for alcohol consumption or use of pornographic materials, as well as a number of limitations to vested communal rights. It was alleged that these measures would arbitrarily limit the exercise of their individual rights on an equal basis with other sectors of the national population, thus amounting to discrimination prohibited under international and domestic law/legislation”.1 10. In a letter of 22 November 2007 responding to the Special Rapporteurs, the Australian Government stated that it considered that the measures of the NTER are necessary to ensure that indigenous people in the Northern Territory, and in particular indigenous women and children in relevant communities, are able to enjoy their social and political rights on equal footing with other Australians. The Government added that the NTER includes both exceptional and necessary measures to enable all, particularly women and children, to live their lives free of violence and to enjoy the same rights to development, education, health, property, social security and culture that are enjoyed by other Australians. In this regard, the Government noted that many of the provisions are time limited and designed to stabilize communities so that longer-term action can be taken. 11. United Nations treaty monitoring bodies have also expressed concern over the NTER. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have expressed concern that NTER measures are inconsistent with Australia’s obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, respectively, in particular with respect to the right to non-discrimination.2 Specifically, the Human Rights Committee recommended that Australia “redesign NTER measures in direct consultation with the indigenous peoples concerned, in order to ensure that they are consistent with the 1995 Racial Discrimination Act and the [International Covenant on Civil and Political Rights]”.3 Further, the NTER is currently being examined under the urgent action and early warning procedure of the Committee on the Elimination of Racial Discrimination. 12. During his visit to Australia in August 2009, the Special Rapporteur heard complaints about the NTER through multiple oral statements by numerous indigenous individuals and leaders, not just in the Northern Territory but in all the places he visited in Australia. He also received written petitions against the NTER signed by hundreds of indigenous individuals. Several other indigenous individuals with whom the Special Rapporteur met did speak in favour of the NTER in general and the need for Government action to address the problems it targets. 1 2 3 GE.10-13887 A full summary of the communication sent and response received is available in the 2008 Communications Report of the Special Rapporteur (A/HRC/9/9/Add.1) (15 August 2008). CCPR/C/AUS/CO/5, para. 14 (2009) and E/C.12/AUS/CO/4, para. 15 (2009). CCPR/C/AUS/CO/5, para. 14 (2009). 27