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Location: Home  »  International  » Consultation Letter

Consultation Letter

11 June 2008

 

Dear Sir/Madam

Consultation on the Possible Accession of Australia to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women

The purpose of this letter is to obtain your views by 30 June 2008 on whether Australia should become a party to the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. 

Australia has been a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) since 28 July 1983.  The text of CEDAW is available at http://www.austlii.edu.au/au/other/dfat/treaties/1983/9.html.  Under CEDAW, Australia must ensure equality between men and women and eliminate discrimination.  In its reports on the implementation of CEDAW, Australia has described how it implements its obligations through a range of Commonwealth and State and Territory laws and programs. 

The Convention has an Optional Protocol (available at http://www.austlii.edu.au/au/other/dfat/treaties/notinforce/1999/32.html) which enables individuals, or groups of individuals, to complain to the United Nations Committee on the Elimination of Discrimination Against Women about alleged violations by States parties of the obligations under CEDAW.  A complaint can only be made when domestic remedies have been exhausted.  The Committee is a body of experts acting in their personal capacity but elected by State parties, and can issue views in response to complaints lodged against States parties. 

If a complaint was lodged with the Committee alleging violations by Australia of substantive rights under CEDAW by an individual under the Optional Protocol, the Australian Government would respond to this communication and give consideration to adverse views by the Committee.  

The Committee can also receive complaints of grave or systematic violations by a State party of rights set forth in the Convention.  If they consider these allegations to be reliable, the Committee shall invite that State party to submit observations with regard to the information concerned.  The Committee may also conduct an inquiry into the allegations in the territory of the State party.

After consultations, if the Government decides to proceed to become a party to the Optional Protocol, the text will be tabled in the Australian Parliament and referred to the Joint Standing Committee on Treaties (JSCOT), which assesses and reports on proposed treaty actions.  JSCOT will then receive submissions and may hold public hearings.  The Australian Government will consider any recommendations made by the Committee and make its decision on whether Australia will become a party to the Optional Protocol.

If you are interested in participating in the initial consultations, I invite you to provide your views by 30 June 2008 to opcedaw@ag.gov.au or:

International Security and Human Rights Branch
Office of International Law
Attorney-General’s Department
Robert Garran Offices, National Circuit
BARTON  ACT  2600

I apologise in advance for the short time frame for consultations.  If the Australian Government decides that it wants to become a party to the Optional Protocol, it would like to complete the process by the end of this year, possibly on 10 December 2008, which is World Human Rights Day.  As the Optional Protocol is a short treaty and we do not consider it will require any legislative changes, we trust that this deadline will provide you with enough time to comment.  Thank you in advance for your participation in this consultation. 

Yours sincerely

Janet Stodulka
Branch Manager
Australian Government Office for Women
Department of Families, Housing, Community Services and Indigenous Affairs