Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

1. Recalling its previous comments concerning the draft Human Rights Legislation Amendment Act No. 2, the Committee notes that this Bill was superseded by the draft Australian Human Rights Commission Legislation Act, 2003, which is currently before the Senate. The new Bill makes education and information dissemination the priority function of the existing Human Rights and Equal Opportunities Commission (HREOC), which will be renamed the Australian Human Rights Commission. According to the Government, the existing powers of the HREOC to investigate and conciliate complaints will be retained. However, the Committee notes that the future Australian Human Rights Commission would no longer have the power to recommend payment of damages or compensation and that this is being considered by the current HREOC as a limitation of its inquiry powers. The future Commission would also no longer have the right to intervene in court proceedings involving human rights and discrimination issues, except with the consent of the Attorney-General. With reference to its previous comments, the Committee further notes that the new Bill replaces the current five portfolio-specific commissioners, including the Aboriginal and Torres Strait Islander Social Justice Commissioner, with three generic human rights commissioners. Aware of the ongoing debate in Australia on these changes, the Committee hopes that the Commission’s ability to act as an independent and effective actor in the enforcement of legal provisions on non-discrimination and equality in employment and occupation will be maintained, and asks the Government to provide information on the contents and status of this legislative initiative.

2. The Committee remains concerned over the disproportionately high unemployment rate of indigenous Australians. It notes from the Government’s report and data released by the Australian Bureau of Statistics that there were 410,003 people (2.2 per cent of the total population) in Australia who are identified as being of indigenous origin in the 2001 census, which represents an increase of 54.5 per cent since the 1991 census. According to the 2001 census, the unemployment rate among persons of indigenous origin was 20 per cent (men 21.8 per cent and women 17.6 per cent), while the rate for non-indigenous persons was 7.2 per cent. In this context, the Committee notes the information provided by the Government on the policies adopted and measures taken to promote employment of indigenous Australians. According to the Government, a total of 8,612 indigenous persons were placed in employment in 2002-03 through programmes under the Indigenous Employment Policy and that only approximately 57 per cent of the persons placed were still in employment three months after assistance ceased. The Committee requests the Government to continue to provide detailed information on the implementation and impact of the measures taken to promote equal access to education, training and employment of indigenous Australians, with a view to eliminating discrimination and in particular measures to retain indigenous Australians in employment.

The Committee is raising other points in a direct request addressed directly to the Government.