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ISSUE NO. 2
Australia
in the dock on Aboriginal rights 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.
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 Committee recommended change in 10 areas, including 3 major constitutional issues:
Other recommendations:
Yet to come… Further reading
After Prime Minister John Howard's repeated refusal to make an effective apology or offer reparation to the Aboriginal children forcibly removed from their families between 1900 and the 1970s, over 700 legal claims for reparation have been lodged in the NT alone. 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
The report of the Council for Aboriginal Reconciliation was presented to Government in May. It consisted of the Australian Declaration towards Reconciliation and a Roadmap to Reconciliation with 4 strategies to deliver social justice to indigenous people. 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 Mandatory sentencingWestern Australia and the Northern Territory (NT) have mandatory sentencing (fixed penalty) laws which can mean gaol for adults and juveniles committing minor property offences. Their impact is felt largely by Aboriginal offenders. 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
Following a seminar at the Centre for Australian Studies in London last summer, indigenous groups formed a new NGO - the Commonwealth Association of Indigenous Peoples(CAIP). CAIP has been recognised by the Commonwealth Secretariat and was active at the Durban Commonwealth Heads of Government Meeting (CHOGM) last year. It plans to put indigenous and Aboriginal issues prominently on the agenda at the next CHOGM in Brisbane in September 2001. New UN forum Australia Week in London 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 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:
30 MPs have signed so far. They are:
Further reading
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