Joint Standing Committee on Treaties
Report 95 Treaties tabled on 4 June, 17 June, 25 June and 26 August 2008
October 2008
Canberra
© Commonwealth of Australia 2008
ISBN 978-0-642-79096-5 (printed version)
ISBN 978-0-642-79097-2 (HTML version)
Contents
Membership of the Committee
Resolution of Appointment
List of abbreviations
List of recommendations
Chapter 1
Introduction
Chapter 2 Convention on the rights of Persons with Disabilities
Chapter 3
Australia - Chile Free Trade Agreement
Chapter 4
Treaty between Australia and the State of the United Arab Emirates on Defence Cooperation
Chapter 5
Headquarters Agreement with the Secretariat to the Agreement on the Conservation of Albatross and Petrels
Chapter 6
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women
Chapter 7
Agreement between Australia and the European Union on the Processing and Transfer of European Union Sourced Passenger Name Record Data
Chapter 8
Treaty between Australia and the French Republic regarding Defence Cooperation and Status of Forces
Chapter 9
Treaty between Australia and the European Community on Certain Aspects of Air Services
Supplementary Statement - Mr John Forrest MP
Dissenting Report — Senator Julian McGauran (Deputy Chair), The Hon Kevin Andrews MP, Senator Simon Birmingham, Senator Michaelia Cash, Mr John Forrest MP, Mr Luke Simpkins MP
Appendix A – List of Submissions
Appendix B – Witnesses
Appendix C – Category 3 Treaty Actions
Appendix D – Report 92
Membership of the Committee
Chair |
Mr Kelvin Thomson MP |
|
Deputy Chair |
Senator the Hon Sandy Macdonald (until 30/6/08) |
Senator Julian McGauran (from 1/7/08, elected Deputy Chair 2/9/08) |
Members |
Hon Kevin Andrews MP |
Senator Simon Birmingham |
|
Mr John Forrest MP |
Senator David Bushby (until 1/7/08) |
|
Ms Jill Hall MP |
Senator Michaelia Cash (from 1/7/08) |
|
Ms Belinda Neal MP |
Senator Don Farrell (from 1/7/08) |
|
Ms Melissa Parke MP |
Senator Scott Ludlam (from 4/9/08) |
|
Mr Luke Simpkins MP |
Senator Gavin Marshall (until 1/7/08) |
|
Mr Chris Trevor MP |
Senator Louise Pratt (from 1/7/08) |
|
Ms Maria Vamvakinou MP |
Senator Glen Sterle (until 1/7/08) |
|
|
Senator Dana Wortley |
Committee Secretariat
Secretary |
James Rees (until 16/6/08)
|
| |
Siobhán Leyne (until 8/9/08) |
| |
Russell Chafer (from 8/9/08) |
Inquiry Secretaries |
Kevin Bodel
|
| |
Sonya Fladun |
| |
Julia Searle |
Research Officer |
Sophia Nicolle
(from 2/9/08) |
| Administrative Officers |
Heidi Luschinetz
(until 6/6/08) |
|
Dorota Cooley |
| |
Claire Young
(from 2/7/08 to 12/9/08) |
| |
Emma Martin
(from 15/9/08) |
Resolution of Appointment
The Resolution of Appointment of the Joint Standing Committee on Treaties allows it to inquire into and report on:
- matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;
- any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:
- either House of the Parliament, or
- a Minister; and
such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.
Resolution of Appointment
The Resolution of Appointment of the Joint Standing Committee on Treaties allows it to inquire into and report on:
- matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;
- any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:
- either House of the Parliament, or
- a Minister; and
such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.
List of abbreviations
ACAP |
Agreement on the Conservation of Albatrosses and Petrels |
ADF |
Australian Defence Force |
AFDO |
Australian Federation of Disability Organisations |
APEC |
Asia – Pacific Economic Cooperation |
API |
Advance passenger information |
CEDAW |
Convention on the Elimination of All Forms of Discrimination Against Women |
CFMEU |
Construction, Forestry, Mining and Energy Union |
CMS |
Convention on the Conservation of Migratory Species of Wild Animals |
CRPD |
Convention on the Rights of Persons with Disabilities |
DDLC |
Disability Discrimination Legal Centre |
EC |
European Community |
EU |
European Union |
FECCA |
Federation of Ethnic Communities Councils of Australia |
HREOC |
Human Rights and Equal Opportunity Commission |
ILO |
International Labour Organisation |
JDCC |
Joint Defence Cooperation Committee |
NACLC |
National Association of Community Legal Centres |
NEDA |
National Ethnic Disability Alliance |
NIA |
National Interest Analysis |
PNR |
Passenger name record |
SCOT |
Standing Committee on Treaties |
UN |
United Nations |
UNESCO |
United Nations Education, Scientific and Cultural Organisation |
List of recommendations
2 Convention on the Rights of Persons with Disabilities
Recommendation 1
The Committee recommends that the Government consider expanding the role of the Human Rights and Equal Opportunity Commissioner to enable the Commissioner to provide Parliament with an annual report on compliance and implementation of the Convention and, if also ratified, the Optional Protocol.
Recommendation 2
The Committee recommends that a review be carried out of the relevant provisions of the Migration Act and the administrative implementation of migration policy, and that any necessary action be taken to ensure that there is no direct or indirect discrimination against persons with disabilities in contravention of the Convention.
3 Australia - Chile Free Trade Agreement
Recommendation 3
The Committee recommends that, prior to commencing negotiations for bilateral or regional trade agreements, the Government table in Parliament a document setting out its priorities and objectives. The document should include independent assessments of the costs and benefits. Such assessments should consider the economic regional, social, cultural, regulatory and environmental impacts which are expected to arise.
Recommendation 4
The Committee recommends that the Department of Foreign Affairs and Trade undertake and publish a review of the operation of the Australia – Chile Free Trade Agreement no later than two years after its commencement in order to assess the ongoing relevance of concerns expressed about the Agreement, such as the maintenance of sanitary and phytosanitary measures, impact on the horticulture industries, intellectual property, 457 visas, and labour and environmental standards.
Recommendation 5
The Committee supports the Australia – Chile Free Trade Agreement and recommends that binding treaty action be taken.
4 Treaty between Australia and the State of the United Arab Emirates on Defence Cooperation
Recommendation 6
The Committee recommends that in any specific arrangement concerning the exchange of Defence personnel, the Australian Government seeks to ensure that Australian personnel are protected from corporal and capital punishment under United Arab Emirates law.
Recommendation 7
The Committee supports the Agreement between the Government of the United Arab Emirates and the Government of Australia on Defence Cooperation and recommends that binding treaty action be taken.
5 Headquarters Agreement with the Secretariat to the Agreement on the Conservation of Albatrosses and Petrels
Recommendation 8
The Committee supports the Headquarters Agreement between the Government of Australia and the Secretariat to the Agreement on the Conservation of Albatrosses and Petrels and recommends that binding treaty action be taken.
6 Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination Against Women
Recommendation 9
The Committee supports the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women and recommends that binding treaty action be taken.
7 Agreement between Australia and the European Union on the Processing and
Transfer of European Union Sourced Passenger Name Record Data
Recommendation 10
The Committee supports the Agreement between Australia and the European Union on the Processing and Transfer of European Union Sourced Passenger Name Record Data and recommends that binding treaty action be taken.
8 Treaty between Australia and the French Republic regarding Defence
Cooperation and Status of Forces
Recommendation 11
The Committee supports the Agreement with the French Republic Regarding Defence Cooperation and Status of Forces and recommends that binding treaty action be taken.
9 Treaty between Australia and the European Community on Certain Aspects of
Air Services
Recommendation 12
The Committee supports the Agreement between the Government of Australia and the European Union on Certain Aspects of Air Services and recommends that binding treaty action be taken.
Report 92
Treaty Tabled on 4 June 2008
Recommendation 1
The Treaties Committee supports the United Nations Convention on the Rights of Persons with Disabilities and recommends that binding treaty action be taken.