PRESS RELEASE 16 March 1999 Statement by Les Malezer, Deputy Chairperson of NIWG CERD Maintains Pressure on Australian Racism Aboriginal and Torres Strait Islander people can claim a significant victory in their bid for international recognition and defence of their human rights. Today’s decision [see below] by the International Committee on the Elimination of Racial Discrimination (CERD), to continue to monitor the Native Title laws in Australia, is a major success for the human rights of the Aboriginal and Torres Strait Islander people. The National Indigenous Working Group on Native Title (NIWG) claims that the Australian Government has been soundly rebuffed in its attempt to force a backdown on CERD’s previous decision in March 1999. The Australian Government desperately wants a political, compromise position, which it cannot get, regarding its laws which allow racial discrimination against Native Title holders. NIWG believes the Australian Government can now expect to face wider scrutiny, and harsher criticism, of its Native Title laws and policies, by the international community. It is certain that Australia will now be officially reported to the United Nations’ General Assembly at the end of 1999, for failing to address its breaches of the International Convention on the Elimination on All Forms of Racial Discrimination (the Convention). Furthermore, Australia must again appear before CERD in March 2000, when the Committee will once again examine whether Australia has acted to ensure the Native Title laws comply with the Convention. The CERD meeting next year will also expand its focus of attention to also consider other policies and programs of the government which affect Aboriginal and Torres Strait Islander peoples. The wider attention arises because the Australian Government has recently submitted outstanding periodic reports to CERD, which fell due in 1994, 1996 and 1998. The examination of these reports will mean that the Government’s record on issues such as Deaths in Custody, ‘Stolen Generations’, and Reconciliation can also be examined. NIWG considers that there will even more submissions, complaints and delegations from the Aboriginal and Torres Strait Islander people at the next CERD meeting. NIWG calls upon the Australian Government to immediately reform its racist policies and legislation. NIWG is deeply concerned that continuing acts of extinguishment and impairment of Native Title, which are occuring on a daily basis around Australia, will be found to be invalid and therefore cause major problems for developers and governments in the near future. NIWG considers that there is no moral or otherwise compelling basis for these racist, illegal acts to be validated when the Native Title Amendment Act 1998 is overturned. The State and Territory Governments are also developing and implementing Native Title laws which will prove to be illegal because they are racially discriminatory. The Australian Government must act quickly to remove its opposition to Aboriginal rights and rescind the offensive Native Title Amendment Act 1999 before March 2000. NIWG reaffirms its willingness to facilitate and participate in a process promoting meaningful discussions between the government and the representatives of Aboriginal and Torres Strait Islander people. FOR FURTHER INFORMATION CONTACT: Les Malezer + 61 419 710720 Pam Jones + 61 419 648154 *********CERD DECISION********** CERD/C/55/Misc.31/Rev.3 16 August 1999 COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION 55th session 2-27 August 1999 Draft Decision on Australia 1. The Committee reaffirms the decisions concerning Australia which it took during its fifty-fourth session in March 1999. 2. In adopting these decisions, the Committee was prompted by its serious concern that, after having observed and welcomed over a period of time a progressive implementation of the Convention in relation to the land rights of indigenous peoples in Australia, the envisaged changes of policy as to the exercise of these rights risked creating an acute impairment of the rights thus recognized to the Australian indigenous communities. It considered in detail the information submitted and the arguments put forward by the State party. 3. The Committee takes note of the comments received from the State party which, in accordance with article 9 paragraph 2 of the Convention, will be included in the Committee’s annual report for 1999 to the General Assembly. 4. The Committee decided to continue consideration of this matter, together with the Tenth, Eleventh and Twelfth Periodic Reports of the State party, during its fifty-sixth session in March 2000. 1353rd meeting 16 August 1999 ___________________________________ Les Malezer General Manager FAIRA Aboriginal Corporation Deputy Chairperson National Indigenous Working Group on Native Title NIWG Attending: Sub-Commission on Prevention of Discrimination and Protection of Minorities United Nations Geneva Mobile: + 61 419 710720 Email: [EMAIL PROTECTED] URL: http://www.faira.org.au PRESS RELEASE 16 March 1999 Statement by Les Malezer, Deputy Chairperson of NIWG CERD Maintains Pressure on Australian Racism Aboriginal and Torres Strait Islander people can claim a significant victory in their bid for international recognition and defence of their human rights. TodayÕs decision [copy attached] by the International Committee on the Elimination of Racial Discrimination (CERD), to continue to monitor the Native Title laws in Australia, is a major success for the human rights of the Aboriginal and Torres Strait Islander people. The National Indigenous Working Group on Native Title (NIWG) claims that the Australian Government has been soundly rebuffed in its attempt to force a backdown on CERDÕs previous decision in March 1999. The Australian Government desperately wants a political, compromise position, which it cannot get, regarding its laws which allow racial discrimination against Native Title holders. NIWG believes the Australian Government can now expect to face wider scrutiny, and harsher criticism, of its Native Title laws and policies, by the international community. It is certain that Australia will now be officially reported to the United NationsÕ General Assembly at the end of 1999, for failing to address its breaches of the International Convention on the Elimination on All Forms of Racial Discrimination (the Convention). Furthermore, Australia must again appear before CERD in March 2000, when the Committee will once again examine whether Australia has acted to ensure the Native Title laws comply with the Convention. The CERD meeting next year will also expand its focus of attention to also consider other policies and programs of the government which affect Aboriginal and Torres Strait Islander peoples. The wider attention arises because the Australian Government has recently submitted outstanding periodic reports to CERD, which fell due in 1994, 1996 and 1998. The examination of these reports will mean that the GovernmentÕs record on issues such as Deaths in Custody, ÔStolen GenerationsÕ, and Reconciliation can also be examined. NIWG considers that there will even more submissions, complaints and delegations from the Aboriginal and Torres Strait Islander people at the next CERD meeting. NIWG calls upon the Australian Government to immediately reform its racist policies and legislation. NIWG is deeply concerned that continuing acts of extinguishment and impairment of Native Title, which are occuring on a daily basis around Australia, will be found to be invalid and therefore cause major problems for developers and governments in the near future. NIWG considers that there is no moral or otherwise compelling basis for these racist, illegal acts to be validated when the Native Title Amendment Act 1998 is overturned. The State and Territory Governments are also developing and implementing Native Title laws which will prove to be illegal because they are racially discriminatory. The Australian Government must act quickly to remove its opposition to Aboriginal rights and rescind the offensive Native Title Amendment Act 1999 before March 2000. NIWG reaffirms its willingness to facilitate and participate in a process promoting meaningful discussions between the government and the representatives of Aboriginal and Torres Strait Islander people. FOR FURTHER INFORMATION CONTACT: Les Malezer + 61 419 710720 Pam Jones + 61 419 648154 *********CERD DECISION********** CERD/C/55/Misc.31/Rev.3 16 August 1999 COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION 55th session 2-27 August 1999 Draft Decision on Australia 1. The Committee reaffirms the decisions concerning Australia which it took during its fifty-fourth session in March 1999. 2. In adopting these decisions, the Committee was prompted by its serious concern that, after having observed and welcomed over a period of time a progressive implementation of the Convention in relation to the land rights of indigenous peoples in Australia, the envisaged changes of policy as to the exercise of these rights risked creating an acute impairment of the rights thus recognized to the Australian indigenous communities. It considered in detail the information submitted and the arguments put forward by the State party. 3. The Committee takes note of the comments received from the State party which, in accordance with article 9 paragraph 2 of the Convention, will be included in the CommitteeÕs annual report for 1999 to the General Assembly. 4. The Committee decided to continue consideration of this matter, together with the Tenth, Eleventh and Twelfth Periodic Reports of the State party, during its fifty-sixth session in March 2000. 1353rd meeting 16 August 1999 ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/
