Yes, James Anaya, UN Rapporteur came to Australia to access the situation of Human Rights and fundamental Freedoms of Indigenous Peoples. This is the statement he made as he concludes his visit in Australia.. It's long, it's important...
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peace and strength..
xN
Statement of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people, James Anaya, as he concludes his visit
to Australia
Canberra/Geneva, 27 August 2009
The Government of Australia is to be commended for taking significant
steps to improve the human rights and socio-economic conditions of the
Aboriginal and Torres Strait Islander peoples of Australia, as well as for its
recent expression of support for United Nations Declaration on the Rights of
Indigenous Peoples and for its apology to the victims of the Stolen
Generation. After several days in Australia listening and learning, however, I
have observed a need to develop new initiatives and reform existing ones—
in consultation and in real partnership with indigenous peoples—to conform
with international standards requiring genuine respect for cultural integrity
and self-determination.
Over the past 11 days, I have met with Government authorities,
representatives of indigenous communities and organisations, and others, in
Canberra, South Australia, Western Australia, the Northern Territory,
Queensland and New South Wales. I have visited a number of indigenous
communities in both remote and urban areas, and have collected information
from several sources. I would like to express my appreciation for the support
of the Government and to the indigenous individuals and organisations that
provided indispensible support in planning and coordinating the visit. I
would also like to express my appreciation to the United Nations
Information Centre. While I must now take some time to review and analyse
the substantial amount of information I have received, and to follow up with
further exchanges of information with the Government, indigenous peoples
of Australia, and other sources, I would like to provide here a few
preliminary observations.
During my time in Australia, I have been impressed with demonstrations of
strong and vibrant indigenous cultures and have been inspired by the
strength, resilience and vision of indigenous communities determined to
move toward a better future despite having endured tremendous suffering at
the hands of historical forces and entrenched racism. It is clear that these
historical forces continue to make their presence known today, manifesting
themselves in serious disparities between indigenous and non-indigenous
parts of society, including in terms of life expectancy, basic health,
education, unemployment, incarceration, children placed under care and
protection orders, and access to basic services.
Given these disparities, the Government has developed and implemented a
number of important initiatives in order to “close the gap” of indigenous
disadvantage within a wide range of social and economic areas, with a stated
emphasis on women and children, and these programmes must continue to
be improved and strengthened. I would also like to stress that I have learned
of numerous programmes in place by indigenous authorities and
organisations at the local, regional and national levels that have been
working effectively to address the many problems that their communities
face.
Aspects of the Government’s initiatives to remedy situations of indigenous
disadvantage, however, raise concerns. Of particular concern is the Northern
Territory Emergency Response, which by the Government’s own account is
an extraordinary measure, especially in its income management regime,
imposition of compulsory leases, and community-wide bans on alcohol
consumption and pornography. These measures overtly discriminate against
aboriginal peoples, infringe their right of self-determination and stigmatize
already stigmatized communities.
I would like to stress that affirmative measures by the Government to
address the extreme disadvantage faced by indigenous peoples and issues of
safety for children and women are not only justified, but they are in fact
required under Australia’s international human rights obligations. However,
any such measure must be devised and carried out with due regard of the
rights of indigenous peoples to self-determination and to be free from racial
discrimination and indignity.
In this connection, any special measure that infringes on the basic rights of
indigenous peoples must be narrowly tailored, proportional, and necessary to
achieve the legitimate objectives being pursued. In my view, the Northern
Territory Emergency Response is not. In my opinion, as currently
configured and carried out, the Emergency Response is incompatible with
Australia’s obligations under the Convention on the Elimination of All
Forms of Racial Discrimination and the International Covenant on Civil and
Political Rights, treaties to which Australia is a party, as well as
incompatible with the Declaration on the Rights of Indigenous Peoples, to
which Australia has affirmed its support.
I note with satisfaction that a process to reform the Emergency Response is
currently underway and that the Government has initiated consultations with
indigenous groups in the Northern Territory in this connection. I hope that
amendments to the Emergency Response will diminish or remove its
discriminatory aspects and adequately take into account the rights of
aboriginal peoples to self determination and culture integrity, in order to
bring this Government initiative in line with Australia’s international
obligations. Furthermore, I urge the Government to act swiftly to reinstate
the protections of the Racial Discrimination Act in regard to the indigenous
peoples of the Northern Territory.
Beyond the matter of the Northern Territory Emergency Response, I am
concerned that there is a need to incorporate into government programmes a
more holistic approach to addressing indigenous disadvantage across the
country, one that is compatible with the objective of the United Nations
Declaration of securing rights for indigenous peoples, and addresses not just
social and economic wellbeing, but also the integrity of indigenous
communities and cultures, and their self-determination.
This approach must involve a real partnership between the Government and
the indigenous peoples of Australia, to move towards a future, as described
by Prime Minister Rudd in his apology to indigenous peoples last year, that
is “based on mutual respect, mutual resolve and mutual responsibility,” and
that is also fully respectful of the rights of Aboriginal and Torres Straight
Islander peoples to maintain their distinct cultural identities, languages, and
connections with traditional lands, and to be in control of their own destinies
under conditions of equality.
Given what I have learned thus far, it would seem to me that the objectives
of the closing the gap campaign, the Emergency Response, and other current
initiatives and proposed efforts of the Government will be best achieved in
partnership with indigenous peoples’ own institutions and decision-making
bodies, which are those that are most familiar with the local situations. It is
worth stressing that during my visit, I have observed numerous successful
indigenous programmes already in place to address issues of alcoholism,
domestic violence, health, education, and other areas of concern, in ways
that are culturally appropriate and adapted to local needs, and these efforts
need to be included in and supported by the Government response, both
logistically and financially. In particular, it is essential to provide continued
funding to programmes that have already demonstrated achievements.
I did observe a number of Government partnerships with local initiatives that
appear to be succeeding, but I also heard many accounts of situations in
which Government programmes fail to take into account existing local
programmes already in place, hampering their ultimate success. In this
connection, I am concerned about any initiatives that duplicate or replace the
programmes of Aboriginals and Torres Straight Islanders already in place, or
that undermine local decision-making through indigenous peoples’ own
institutions. In addition, international human rights norms, including those
contained in the United Nations Declaration, affirmatively guarantee the
right of indigenous peoples to participate fully at all levels of decision-
making in matters which may affect their rights, lives and destinies, as well
as to maintain and develop their own decision-making institutions and
programmes. Further, adequate options and alternatives for socio-economic
development and violence prevention programmes should be developed in
full consultation with affected indigenous communities and organisations.
It is also necessary to ensure the meaningful, direct participation of
Aboriginal and Torres Straight Islander peoples in the design of programmes
and policies at the national level, within a forum that is genuinely
representative of the rights and interests of indigenous peoples. In this
regard, I welcome the initiative that is supported by the Government to move
towards development of a model for a new national indigenous
representative body and emphasise that indigenous participation in the
development of this body is fundamental.
At the same time, I would like to echo the statements I have heard from
indigenous leaders of the need for indigenous peoples themselves to
continue to strengthen their own organisational and local governance
capacity, in order to meet the challenges faced by their communities, and in
this connection I note the importance of restoring or building strong and
healthy relationships within families and communities.
I would also note a need to move deliberately to adopt genuine
reconciliation measures, such as the proposed recognition of the rights of
Aboriginal and Torres Straight Islander peoples in a charter of rights to be
included in the Constitution. I am pleased that the Government has
expressed its willingness in this regard, and I urge it to provide a high
priority to this initiative. As has been stressed to me by the indigenous
representatives with whom I have met, constitutional recognition and
protection of the rights of Aboriginal and Torres Straight Islander peoples
would provide a measure of long-term security for these rights, and provide
an important building block for reconciliation and a future of harmonious
relations between indigenous and non-indigenous parts of Australian society.
Furthermore, it is important to note that securing the rights of indigenous
peoples to their lands is of central importance to indigenous peoples’ socio-
economic development, self-determination, and cultural integrity. Continued
efforts to resolve, clarify, and strengthen the protection of indigenous lands
and resources should be made. In this regard, government initiatives to
address the housing needs of indigenous peoples, should avoid imposing
leasing or other arrangements that would undermine indigenous peoples’
control over their lands. I also urge the Government to comply with the
recommendations concerning indigenous lands and resources made by the
treaty-monitoring bodies of the United Nations, including the
recommendation of the Committee on the Elimination of Racial
Discrimination to advance in discussions with Aboriginal and Torres
Straight Islanders about possible amendments to the Native Title Act and
finding solutions acceptable to all.
Finally, I would like to reiterate the importance of the United Nations
Declaration on the Rights of Indigenous Peoples for framing and evaluating
legislation, policies, and actions that affect the Aboriginal and Torres Strait
Islanders Peoples. The Declaration expresses the global consensus on the
rights of indigenous peoples and corresponding state obligations on the basis
of universal human rights. I recommend that the Government undertake a
comprehensive review of all its legislation, policies, and programmes that
affect Aboriginal and Torres Strait Islanders in light of the Declaration.