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ENIAR MONITOR ISSUE NO. 2 WINTER 2000

• Australia in the dock on Aboriginal rights
    racial discrimination
    civil and political rights
    yet to come
• Stolen generations
• Reconciliation and a treaty
• Mandatory sentencing
• Commonwealth links
• New UN forum
• Australia Week in London

Australia in the dock on Aboriginal rights
2000 - Under UN procedures, Governments have to report on their performance under human rights Conventions which they have ratified, and their reports are reviewed by UN bodies. Because the Government has been late in submitting returns, this year Australia faces questioning under four Conventions.

Australia's human rights record has faced unprecedented criticism from the 2 bodies which have examined Australia's performance so far this year. This criticism has been largely directed to the Government's treatment of Aboriginal people.

Demonstration outside Westminster 5 July 2001 to co-incide with Australian Prime Minister, John Howard attending Question time

Racial Discrimination
In 1999 two meetings of the UN Committee for the Elimination of all Forms of Racial Discrimination (CERD) criticised Australia for its 1998 amendments to Native Title legislation, which effectively cut back native title rights recognised by the 1993 Act. This March the Australian Government was again called to account by the Committee for human rights shortcomings including the impact of mandatory sentencing on Aboriginal people and native title legislation.

The Government's response was to review its future participation in all UN human rights bodies - without any public consultations.

This reaction calls into question Australia's commitment to human rights and sets an appalling example to other countries that international norms can be disregarded when they do not suit the Government of the day's interpretation or intentions.

The Howard Government also decided not to renominate human rights advocate and former chief justice of the family court Justice Elizabeth Evatt to the UN's Human Rights Committee.

Civil and Political Rights
The UN Human Rights Committee comprises human rights experts nominated by Governments but serving as individuals. In July the Committee met in Geneva and considered the Australian Government's report on its performance under the Covenant on Civil and Political Rights. Oral and written submissions were also heard from Aboriginal groups.

The Committee recommended change in 10 areas, including 3 major constitutional issues:

• domestic legislation should give effect to the human rights commitments which Australia has freely undertaken;
• remedies should be provided for people whose rights have been violated;
• the Federal Government's obligation to implement the Covenant could not be over-ridden by Federal/State arrangements or administrative decisions.

Other recommendations:

• a stronger decision making role for indigenous peoples over their traditional lands and natural resources;
• more action to secure indigenous rights especially in regard to native lands;
• continuation and sustainability of traditional forms of indigenous economy and protection of religious and cultural sites;
• more action to remedy the results of the stolen children policy;
• reassess mandatory sentencing legislation;
• reconsider mandatory detention of asylum seekers.

Yet to come…
Hearings are currently (August) under way in Geneva on Australia's record in implementing the Covenant on Economic and Social Rights. Later in the year, Australia's record under the Torture Convention will be reviewed.

Further reading

• UN Covenant on Economic and Social Rights
• Wik Bill slammed as racist by British MP
• We ignore UN rights report at our peril
  Australia must recognise the increasing links between international trade and human rights, writes Angela Ward (Associate Professor in International Law at Essex University, and junior counsel to Cherie Booth, QC).

A test case has just concluded in the Federal Court, brought by a Northern Territory man and woman who had been taken from their families and subsequently abused in the institutions which were allegedly caring for them They argued that officials acted beyond the laws of the time by failing to take due care and by being motivated by assimilationist policies. The court acknowledged that they had been removed from their families and abused but denied their claim for compensation because of lack of evidance.

Appeals are being considered, and better documented cases will come forward. Survivors describe the lasting trauma of their removal and loss of identity. The effects are also felt by current generations of children whose parents have grown up without family or community links or parenting models.

And the stolen generations go on. The Community Services Commission of New South Wales was reported as finding that 3 in every 100 of Aboriginal children in the state were still being removed from their families - 10 times as many as other groups. Against the law, many were living with non indigenous carers.

Further reading

• Bringing them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families
• `Stolen Children Frequently Asked Questions (FAQs')
• Apology: regret or sorrow? by Senator Aden Ridgeway

The presentation was followed by a spectacular reconciliation walk over Sydney Harbour Bridge which attracted about 250,000 people. Similar walks took place throughout Australia, from Queensland to Tasmania.

There is increasing pressure from indigenous and non indigenous people and bodies for a treaty or treaties between the Government and indigenous peoples.

Public and media pressure is also increasing on Prime Minister Howard to change his mind and make a formal Government apology for past wrongs as a vital part of the reconciliation process.

Further reading

• Council for Aboriginal Reconciliation

There was outrage last year when a 15 year old was found hanged in the Darwin detention centre 500 miles from his home where he was serving a 28 day sentence. His crime? To steal pens, paper and oil worth around £30.

A near revolt among Federal Liberal Parliamentarians led to a deal - still to be implemented - between the Federal and NT Governments for some minor changes but Greens Senator Bob Brown continues to press for the abolition of mandatory sentencing for juveniles.

Mandatory sentencing has been widely criticised inside Australia and internationally. So far the Federal Government, which over-turned NT laws legalising euthanasia in 1998, has declined to interfere with mandatory sentencing legislation.

Further reading

• NT Government site
• Territorians for effective sentencing
• Disinformation article on mandatory sentencing
• Cherie Booth tells UN of `cruel and inhuman punishment'
• 'Apartheid' law under fire in NT
• UN report on mandatory sentencing
• We ignore UN rights report at our peril
  Australia must recognise the increasing links between international trade and human rights, writes Angela Ward (Associate Professor in International Law at Essex University, and junior counsel to Cherie Booth, QC).

It plans to put indigenous and Aboriginal issues prominently on the agenda at the next CHOGM in Brisbane in September 2001.

New UN forum
For the first time, indigenous people will be officially represented in the UN system, with the creation of the Permanent Forum on Indigenous Rights. It will comprise 8 government nominees and 8 representatives of indigenous groups.

Australia Week in London
July saw a visit to London by John Howard and past Australian Prime Ministers to mark the centenary of the UK Act leading to Australian Federation.

There was no Aboriginal representative in the 53 strong delegation.

ENIAR played an important role in highlighting Aboriginal issues during the week, and it was the unofficial Aboriginal-focussed activities and protests that stole much of the limelight. The Sydney Morning Herald reported the week's events under the headline 'A Black Day in London' - and they weren't referring to the weather!

In addition to the Sea of Hands, ENIAR co-ordinated protests to mark John Howard's major calls - on Tony Blair, on Parliament and the closing reception at Australia House.

British MPs call for justice
Also during Australia Week, Labour MP Jeremy Corbyn (Islington N) tabled an Early Day Motion calling for human rights and social justice for the Aboriginal and Islander peoples of Australia.

Early Day Motions are a powerful statement and record of MPs' views on issues of concern. They are not debated or voted on, but are open for signature by all Members.

This is the text:

Centenary of Australia
That this House notes the official visit to the United Kingdom of the Prime Minister of Australia and the celebrations to mark Australia Week 2000; acknowledges the close ties between the peoples of the United Kingdom and Australia as Commonwealth partners, in war and peace, in trade, sport and professional co-operation; however, also notes that the Aboriginal and islander peoples of Australia have little to celebrate, that their life expectance is 17 years less than other Australians and their infant mortality rate is twice as high; acknowledges the oppression and injustices inflicted on Aboriginal peoples and apologises for the suffering caused by past British policies; further acknowledges current discrimination and disadvantage suffered by Aboriginal peoples in health, education, job opportunities and provision of public services; and therefore calls on the Governments and peoples of Australia to mark the Centenary of Federation by committing themselves to redress that discrimination and disadvantage, and to recognise the special status and rights of Aboriginal peoples as the indigenous peoples of Australia.

30 MPs have signed so far.

They are:

• John Austin; Tony Banks: Harry Bames; Tom Brake; Martin Caton; David Dark; Frank Cook; Tom Cox; Ann Cryer; Lawrence Cunliffe; Terry Davis; Huw Edwards; Bill Etherington; Paul Flynn; Andrew George; Donald Gorrie; Win Griffiths; Kelvin Hopkins; Barry Jones; Lynne Jones; Nigel Jones; Ashok Kumar; John MeWilliam; Bill Michie; Bob Russell ; Alan Simpson; Dennis Skinner; Rudi Vis; Derek Wyatt.

Further reading

• UK Parliament Hansard for debate on Australia

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