This is *very* strong language for the UN! Forwarded from Christine Howes: The following list gives a summary of the final observations of CERD. The numbers in parenthesis refers to the paragraph numbers in the full report. (which is below the summary.... ch) CONCLUDING OBSERVATIONS ON AUSTRALIA BY CERD (COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION) 56th session, 6 -24 March 2000 Summary List of Concerns and Recommendations CONCERNS The absence of any entrenched guarantee in law against racial discrimination (6) The national responsibility to comply with treaties, including compliance by States (7) Reduction of rights for Aboriginals in ŒState regimes¹ on Native Title (8) Unsatisfactory response to CERD Decisions 2(54) & 2(55) on Native Title laws (9) ATSIC capacities to address the issues of Indigenous Peoples (11) HREOC capacities to address the issues of Indigenous Peoples (11) Loss of confidence by the Indigenous community in the process of reconciliation (12) Government refusal to apologise for separation of Aboriginal families (13) Government refusal to compensate for separation of Aboriginal families (13) Rates of Aboriginal incarceration (15) Lack of interpreter services (15) Seriously questions whether Œmandatory sentencing¹ complies with the convention (16) The extent of inequality still experienced by the Aboriginal population (18) RECOMMENDATIONS Close scrutiny to be given to any proposed ³State regime¹ on Native Title (8) Full information on Native Title compliance be in the next Periodic Report to CERD (9) Report from the Parliamentary enquiry (on race discrimination) be sent to CERD (10) Reconsider any proposed changes to ATSIC or HREOC that limits their capacity (11) There be effective leadership to ensure meaningful reconciliation (12) Government address the harm caused by separation of Aboriginal families (13) Government withdraw its reservation to Article 4(a) re racial hatred laws (14) Government increase its efforts to address socio-economic marginalisation (15) Government increase its efforts to address discriminatory law enforcement (15) Government increase its efforts to address the insufficient diversionary programs (15) All Œmandatory sentencing¹ laws be reviewed by the Australian Government(16) Government implement Œfaithfully¹ the 1951 Convention on the Status of Refugees (17) More funds be given to eradicate social/economic/cultural disparities in a short time (18) Reports to CERD and findings be widely available to the public (19) The next Periodic Report, due 30 October 2000, address the present obervations (20) ************* COMMITTEE ON THE ELIMINATION Future: CERD/C/56/CRPŠ OF RACIAL DISCRIMINATION CERD/C/56/Misc.42/rev.3 56th session 24 March 2000 6-24 March 2000 UNEDITED VERSION Concluding Observations by the Committee on the Elimination of Racial Discrimination Australia 1. The Committee considered the tenth, eleventh and twelfth periodic reports of Australia, submitted as one document (CERD/C/335/Add.2), at its 1393rd, 1394th and 1395th meetings (CERD/C/SR/1393, 1394 and 1395), held on 21 and 22 March 2000. At its 1398th meeting, held on 24 March 2000, it adopted the following concluding observations. A. Introduction 2. The Committee welcomes the reports submitted by the State party and the additional oral and written information provided by the delegation, while regretting the late submission of the tenth and eleventh periodic reports. Appreciation is expressed for the comprehensiveness of the report and of the oral presentation. The Committee has been encouraged by the attendance of a high-ranking delegation and expresses its appreciation for the constructive responses of its members to the questions asked. 3. The Committee acknowledges that the State party has addressed some of the concerns and recommendations of the Committee¹s concluding observations on the ninth periodic report (A/49/18, paras. 535-551). B. Positive aspects 4. The Committee is encouraged by the attention given by the State party to its obligations under the Convention and to the work of the Committee on the Elimination of Racial Discrimination. 5. The Committee notes with appreciation the many measures adopted by the State party during the period under review (1992-98) in the area of racial discrimination, including those adopted to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody. The Committee welcomes the numerous legislative measures, institutional arrangements, programmes and policies that focus on racial discrimination, as comprehensively detailed in the tenth, eleventh and twelfth reports of Australia, including the launching of a ³New Agenda for Multicultural Australia² and the implementation of the ³Living in Harmony² initiative. C. Concerns and recommendations 6. The Committee is concerned over the absence from Australian law of any entrenched guarantee against racial discrimination that would override subsequent law of the Commonwealth, states and territories. 7. The Committee expresses concern and reiterates its recommendation that the Commonwealth Government undertake appropriate measures to ensure the consistent application of the provisions of the Convention, in accordance with article 27 of the Vienna Convention on the Law of Treaties, at all levels of government, including states and territories, and if necessary by calling on its power to override territory laws and using its external affairs power with regard to state laws. 8. The Committee notes that, after its renewed examination in August 1999 of the provisions of the Native Title Act as amended in 1998, the devolution of power to legislate over the ³future acts² regime has resulted in the drafting of state and territory legislation to establish detailed ³future acts² regimes which contain provisions reducing further the protection of the rights of native title claimants that is available under Commonwealth legislation. Noting that the Commonwealth Senate rejected on 31 August 1999 one such regime, the Committee recommends that similarly close scrutiny continue to be given to any other proposed state and territory legislation to ensure that protection of the rights of indigenous peoples will not be reduced further. 9. Concern is expressed at the unsatisfactory response to Committee Decisions 2(54) (March 1999) and 2(55) (August 1999) and at the continuing risk of further impairment of the rights of Australia¹s indigenous communities. The Committee reaffirms all aspects of its Decisions 2(54) and 2(55) and reiterates its recommendation that the State party ensure effective participation by indigenous communities in decisions affecting their land rights, as required under article 5(c) of the Convention and General Recommendation XXIII of the Committee, which stresses the importance of ensuring the ³informed consent² of indigenous peoples. The Committee recommends the State party to provide full information on this issue in the next periodic report. 10. The Committee notes that the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund is conducting an inquiry into the ³Consistency of the Native Title Amendment Act 1998 with Australia¹s international obligations under the Convention on the Elimination of all Forms of Racial Discrimination (CERD)². It is hoped that the results will assist the State party to re-evaluate its response to Decisions 2(54) and 2(55) of the Committee. The Committee requests the State party, in accordance with the provisions of article 9, paragraph 1 of the Convention, to transmit the report of the Joint Parliamentary Committee inquiry to the Committee when it is tabled. 11. The establishment of the Aboriginal and Torres Strait Islander Commission (ATSIC) and of the Aboriginal and Torres Strait Social Justice Commissioner within the Human Rights and Equal Opportunity Commission (HREOC) were welcomed by the Committee. Concern is expressed that changes introduced and under discussion regarding the functioning of both institutions may have an adverse effect on the carrying out of their functions. The Committee recommends that the State party give careful consideration to the proposed institutional changes, so that these institutions preserve their capacity to address the full range of issues regarding the indigenous community. 12. While acknowledging the significant efforts that have taken place to achieve reconciliation, concern is expressed about the apparent loss of confidence by the indigenous community in the process of reconciliation. The Committee recommends that the State party take appropriate measures to ensure that the reconciliation process is conducted on the basis of robust engagement and effective leadership, so as to lead to a meaningful reconciliation, genuinely embraced by both the indigenous population and the population at large. 13. The Committee notes the conclusions of the ³National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families² and acknowledges the measures taken to facilitate family reunion and to improve counseling and family support services for the victims. Concern is expressed that the Commonwealth Government does not support a formal national apology and that it considers inappropriate the provision of monetary compensation for those forcibly and unjustifiably separated from their families, on the grounds that such practices were sanctioned by law at the time and were intended to ³assist the people whom they affected². The Committee recommends that the State party consider the need to address appropriately the extraordinary harm inflicted by these racially discriminatory practices. 14. The Committee acknowledges the adoption of the Racial Hatred Act 1995 which has introduced a civil law prohibition of offensive, insulting, humiliating or intimidating behaviour based on race. The Committee recommends that the State party continue making efforts to adopt appropriate legislation with a view to giving full effect to the provisions of, and withdrawing its reservation to, article 4(a) of the Convention. 15. The Committee notes with grave concern that the rate of incarceration of indigenous people is disproportionately high compared to the general population. Concern is also expressed that the provision of appropriate interpretation services is not always fully guaranteed to indigenous people in the criminal process. The Committee recommends that the State party increase its efforts to seek effective measures to address the socio-economic marginalization, the discriminatory approach to law enforcement, and the lack of sufficient diversionary programmes. 16. The Committee expresses its concern about the minimum mandatory sentencing schemes with regard to minor property offences enacted in Western Australia, and in particular in the Northern Territory. The mandatory sentencing schemes appear to target offences that are committed disproportionately by indigenous Australians, especially in the case of juveniles, leading to a racially discriminatory impact on their rate of incarceration. The Committee seriously questions the compatibility of these laws with the State party¹s obligations under the Convention and recommends the State party to review all laws and practices in this field. 17. Taking note of some recent statements from the State party in relation to asylum-seekers, the Committee recommends that the State party implement faithfully the provisions of the 1951 Convention on the Status of Refugees, as well as the 1967 Protocol thereto, with a view to continuing its co-operation with the UNHCR also in accordance with the Guidelines in UNHCR¹s ³Handbook on Refugee Determination Procedures². 18. The Committee acknowledges the efforts being made to increase spending on health, housing, employment and education programmes for indigenous Australians. Serious concern remains at the extent of the continuing discrimination faced by indigenous Australians in the enjoyment of their economic, social and cultural rights. The Committee remains seriously concerned about the extent of the dramatic inequality still experienced by an indigenous population that represents only 2.1% of the total population of a highly developed industrialized State. The Committee recommends that the State party ensure, within the shortest time possible, that sufficient resources be allocated to eradicate these disparities. 19. The Committee recommends that the state¹s reports be made widely available to the public from the time they are submitted and that the Committee¹s observations on them be similarly publicized. 20. The Committee recommends that the State party¹s next periodic report, due on 30 October 2000, be an updating report and that it address the points raised in the present observations. -- _________________________________ Truth is a pathless land. --- Krishnamurti ------------------------------------------------- ------------------------------------------------------ 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." 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