UN criticism of Australia's race record

 AM - Wednesday, August18, 19998:23

 PETER CAVE: Australia's race record has come in for
 stinging criticism from an influential UN body despite a
 concerted lobbying effort by the Federal Government. As
 Mark Tamhane reports, the Geneva-based Committee for
 the Elimination of Racial Discrimination says Australia's Wik
 legislation acutely impairs the land rights of Aborigines and
 may be in breach of our international obligations.

 MARK TAMHANE: This is the second time the Committee
 on the Elimination of Racial Discrimination, or CERD as it's
 called, has expressed alarm at the Federal Government's
 Wik legislation. In March committee members said they were
 concerned at the compatibility of the amendments to the
 Native Title Act with Australia's international obligations
 under the convention on the elimination of all forms of racial
 discrimination which Canberra signed up to in 1975. The
 CERD committee gave Australia a chance to respond to its
 criticism, and the Federal Government swung into action,
 mounting a fierce lobbying campaign and a strong defence
 of its race record. After all, it's not every day a Western
 government has to join a list of countries like Rwanda and
 Yugoslavia in explaining its laws to UN officials. But the
 committee has now rejected the Government's arguments,
 saying that if anything the situation with regard to
 indigenous land rights in Australia is becoming worse.
 Michael Banton is a British member of the committee.

 MICHAEL BANTON: The committee understood that there
 was a strong case for improving legal certainty as a result of
 the Wik decision. But it considered that it had secured that
 certainty at the expense of the rights of native title holders.
 There was a real doubt as to whether the outcome was
 equitable.

 MARK TAMHANE: The CERD committee has repeated its
 call for the Federal Government to suspend implementation
 of the Wik legislation and reopen discussions with Aboriginal
 groups. While it has no power to compel the Government to
 act, the findings are deeply embarrassing. They'll now be
 included in the committee's annual report which will be
 forwarded to the UN General Assembly.

 PETER CAVE: Mark Tamhane.

© 1999 Australian Broadcasting Corporation

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