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UN indigenous rights declaration rejected

By Adam Gartrell

12 September 2007 - THE Federal Government will not support a United Nations declaration on indigenous rights, in part because it puts customary law above national law, and "there should only be one law for all Australians".

The UN General Assembly tomorrow is expected to finally adopt the Declaration on the Rights of Indigenous Peoples after more than 20 years in the drafting.

The declaration in not legally binding.

It addresses individual and collective rights, cultural rights and identity, rights to education, health, employment and language.

It outlaws discrimination against indigenous people and promotes their full participation in all matters that concern them.

Federal Indigenous Affairs Minister Mal Brough said the Australian Government supported the development of a declaration, but not in its current form.

"The version currently in circulation is not workable and it would be divisive," he said today.

Land provisions in the declaration would provide rights that could overrule the legitimate legal interests in land held by other people, he said.

It also placed customary law in a superior position to national law, Mr Brough said.

"There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world," he said.

New Zealand, the US, Canada, Russia and a handful of other countries are also not expected to support the declaration.

Canada initially supported the declaration but reversed its position after being lobbied last year by Prime Minister John Howard.

The NSW Aboriginal Land Council urged the Government to change its position.

Council chair Bev Manton said the UN vote may be Mr Howard's last chance to demonstrate genuine support for the rights of indigenous people.

"If he were to decide that Australia would vote in favour of the UN declaration, it would go some way towards rehabilitating our nation's currently poor international image," Ms Manton said.

Source: Herald Sun

Further information: united nations issues page - includes news index and external links

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