E/CN.4/1998/6/Add.1
page 2
Introduction
1.
From 17 February to 1 March 1997, the Special Rapporteur on the question
of religious intolerance visited Australia at the invitation of the Australian
authorities in accordance with his mandate under Commission on Human Rights
resolution 1995/23 (encouraging Governments to invite the Special Rapporteur
to visit their countries to enable him to fulfil his mandate even more
effectively) and General Assembly resolution 50/183 of 22 December 1995
(inviting the Special Rapporteur, within the terms of his mandate and in the
context of the formulation of recommendations, to take into account the
experiences of various countries and the most effective measures in promoting
religious freedom and countering all forms of intolerance).
2.
During his mission, the Special Rapporteur travelled to Sydney
(17-20 February, 28 February-1 March), Melbourne (21-22 February), Canberra
(23-25 February) and Alice Springs (26-28 February) to meet official
representatives at the Federal level (Ministers for Foreign Affairs; for
Schools, Vocational Education and Training; for Aboriginal and
Torres Strait Islander Affairs; for Justice; and for Immigration and
Multicultural Affairs) and at the level of the States and Territories. He had
talks in Sydney with representatives of the Department of Training and
Education, the Anti-Discrimination Board, the Law Reform Commission, the
Ethnic Affairs Commission and the Human Rights and Equal Opportunities
Commission.
3.
The Special Rapporteur held consultations with non-governmental human
rights organizations and representatives of the Aboriginal, Baha'i, Christian,
Hindu, Jewish and Muslim communities and with the Church of Scientology and
The Family.
4.
The Special Rapporteur also contacted independent personalities,
including Mr. Michael Kirby, Chief Justice of the High Court of Australia,
Mrs. Juliet Sheen, human rights consultant, and Mrs. Moira Raymer, President
of the National Children's Youth Law Centre.
5.
The Special Rapporteur wishes to thank the Australian authorities and
the representative of the United Nations Information Centre for their
excellent cooperation during the preparations for the visit and during the
visit itself.
6.
During his visit, the Special Rapporteur focused his analysis on the
situation of tolerance and non-discrimination based on religion or belief in
the Australian legal system and in Australian society.
I.
TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR
BELIEF IN THE AUSTRALIAN LEGAL SYSTEM
7.
The Special Rapporteur examined the treatment and guarantees of
tolerance and non-discrimination based on religion or belief in the Australian
legal system in the context of the Australian Constitution and of Federal laws
and State and Territory laws.