Newsletter date: 27 Feb 2011
Contents:
* UN Universal Periodic Review of Australia 2011
* WCC Statement on the Situation of Indigenous Peoples of Australia
* Background to the Northern Territory (NT) Intervention
UNITED NATIONS:
UNIVERSAL PERIODIC REVIEW OF AUSTRALIA 2011
- Special Compilations
Background info:
Human Rights Law Resource Centre:
http://www.hrlrc.org.au/content/universal-periodic-review-of-australia/
"Australia will be reviewed under the Universal Periodic Review (UPR) on 27 January 2011. The UPR is a mechanism of the UN Human Rights Council which reviews the human rights records of all 192 United Nations Member States. The UPR provides a significant opportunity for the Australian Government to improve the protection and promotion of human rights and to fulfil its international legal obligations. ... "
NGO Delegation Updates (16 Feb 2011):
Human Rights Law Resource Centre:
http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation...
Stop the Intervention:
Universal Periodic Review of Australia 2011
http://stoptheintervention.org/facts/universal-periodic-review-of-austra...
- General info:
- Draft Report of the Working Group (3 Feb 2011)
Human Rights Law Resource Centre:
http://www.hrlrc.org.au/files/Draft-report-on-UPR-of-Australia.doc
or
http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/AU/Australia-A_HRC...
- Excerpt from the Joint NGO Submission (July 2010)
http://www.hrlrc.org.au/files/Joint-NGO-Report-UPR-of-Australia-12-July-...
"15. Northern Territory Intervention: The "Northern Territory Emergency Response" intervention into Aboriginal communities (NTER) suspends the operation of Australia's race discrimination legislation and involves a range of draconian measures targeted directly at Aboriginal communities. Recent legislative amendments do not repeal the racially discriminatory aspects of the NTER and continue to raise significant human rights concerns. Australia should amend the NTER to remove its discriminatory elements and ensure compliance with international human rights. The recommendations in the Little Children are Sacred report should also be fully implemented."
- Excerpt from the Joint NGO Coalition Fact Sheet 7
http://www.hrlrc.org.au/files/UPR-Fact-Sheet-7-Aboriginal-and-Torres-Str...
"Northern Territory Emergency Response:
Suggested Question
What action has Australia taken to address the discriminatory nature of the Northern Territory Emergency Response?
Background
The Northern Territory Emergency Response
(NTER) was introduced to address reported child abuse in the Northern Territory (NT), yet actively discriminates against Aboriginal and Torres Strait Islander peoples and involves the suspension of the Racial Discrimination Act 1975 (Cth). The NTER is comprised of a comprehensive suite of measures of extraordinary scope and gravity that impact upon almost every aspect of the lives of Aboriginal and Torres Strait Islander peoples in the NT. The measures range from those that impact upon Aboriginal and Torres Strait Islander peoples individually, including income quarantining, liquor restrictions and other discriminatory policies that bring Aboriginal and Torres Strait Islander peoples into contact with the criminal justice system, control of Aboriginal and Torres Strait Islander organisations, assets and land by government employees, and the undermining of land rights and the rights of traditional owners. The NTER violates the rights of Aboriginal and Torres Strait Islander peoples to be free from racial discrimination and does not allow collective self-determination, social security, freedom, dignity, individual autonomy in regards to family and other matters, privacy, land tenure and property, due process and cultural integrity.
The NTER applies across whole Aboriginal communities despite individual behaviour and therefore racially vilifies and stigmatises Aboriginal and Torres Strait Islander peoples. Despite recent amendments to widen the application of compulsory welfare quarantining to non-Aboriginal and Torres Strait Islander communities in the NT, the NTER still disproportionately affects Aboriginal and Torres Strait Islander peoples due to the high population of Aboriginal peoples in the NT and high incidence of welfare dependence. The discrimination evident in the NTER forms part of a wider framework of systemic racism against Aboriginal and Torres Strait Islander peoples.
Proposed Recommendation
That Australia
(1) roll back the NTER in consultation with Aboriginal and Torres Strait Islander peoples;
(2) initiate a process of constitutional reform to recognise and better protect the rights of Aboriginal and Torres Strait Islander peoples, including freedom from discrimination and equality before the law;
(3) review all policies and legislation in order to identify and eliminate structural discrimination against Aboriginal and Torres Strait Islander peoples; and
(4) grant Aboriginal and Torres Strait Islander Legal Services and other representative bodies the standing to commence legal proceedings on behalf of aggrieved Aboriginal and Torres Strait Islander peoples collectively."
- Excerpt from the submission by the Australian Human Rights Commission
http://www.hreoc.gov.au/upr/AHRC_UPR_guide.pdf
"Recommendations by the Australian Human Rights Commission for Australia’s UPR appearance ...
Aboriginal and Torres Strait Islander peoples ...
The Commission recommends that the Northern Territory Emergency Response (or intervention) be conducted in a manner that is fully consistent with Australia’s human rights obligations and be rigorously monitored."
- Excerpt from the NGO Report on the UPR Session
http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation...
"Dialogue with Countries
In the time available, 50 countries had the opportunity to ask questions of the Australian Government, with close to 150 recommendations being made in total. A summary of these recommendations by the 17 thematic priorities identified by the NGO coalition is set out below. ...
7. Aboriginal and Torres Strait Islander peoples
While states were aware that the Racial Discrimination Act had recently been reinstated to apply to the Northern Territory emergency response they were not convinced that the continuing administrative measures were in compliance with Australia’s international human rights obligations. Noting earlier reports received from the UN Committee on the Elimination of Racial Discrimination a number of States called for a review of the procedures and the laws applying to the Northern Territory intervention. One State proposed that the government should refer to the guidelines developed by the Australian Human Rights Commission and consult with the local Aboriginal people before any further policy proposals are implemented in the Northern Territory. Another State noted that the lands of the Aboriginal people were being wrongly taken under lease by the government in exchange for housing and basic services.
Almost all recommendations called for greater powers to the Aboriginal people in decision making. ...
The States making recommendations on Aboriginal and Torres Strait Islander issues included Austria, Belgium, Bolivia, Bosnia, Canada, Columbia, Denmark, France, Ghana, Guatemala, Indonesia, Jordan, Malaysia, Mexico, Morocco, Norway, Russia, Slovenia and United Kingdom."
- Excerpt from the Press Release of Sunday, 23 January 2011
http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation...
"“Aboriginal and Torres Strait Islander peoples experience unconscionable exclusion and disadvantage in all areas of life,” said Ben Schokman of the Human Rights Law Resource Centre. “In a highly developed democracy it is a national shame that Indigenous peoples are imprisoned at a rate of over 20 times the national average and live on average 13 to 17 years less.” Mr Schokman added that “the Northern Territory Intervention, imposed with minimal consultation and in a manner incompatible with the Racial Discrimination Act, is symptomatic of the systemic racism that many Aboriginal and Islander Australians confront.”"
- Excerpt from Advance Questions Released of Thursday, 20 January 2011
http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation...
"Today in Geneva, a number of countries submitted Advance Questions to Australia ahead of its UPR appearance next Thursday. Those countries include some of Australia’s closest allies and global human rights leaders, including the United Kingdom, Sweden, the Netherlands and Denmark.
In total, Australia has been asked 30 questions in advance, including in relation to: ... * the severe disadvantage and discrimination experienced by Indigenous Australians, including under the NT Intervention; "
- Excerpt from Further Advance Questions Released of Tuesday, 25 January 2011
http://www.hrlrc.org.au/content/universal-periodic-review-ngo-delegation...
"Australia has received further Advance Questions about its human rights record ahead of its Universal Periodic Review examination in Geneva on Thursday. ...
Slovenia is particularly forthright in its questions, asking in reference to the NT Intervention, ”Is it true that State-funded essential services are only available to Aboriginal communities if a community agrees to hand over control of their property for a fixed amount of time?”
Slovenia has also asked whether Australia is ”in breach of it’s obligation” under the Refugees Convention, particularly in relation to detention and the expulsion of failed asylum seekers to possible death, torture or persecution."
WORLD COUNCIL OF CHURCHES
STATEMENT ON THE SITUATION OF INDIGENOUS PEOPLES OF AUSTRALIA:
World Council of Churces: Statement on the Situation of Indigenous Peoples of Australia
WCC: http://www.oikoumene.org/en/resources/documents/central-committee/geneva...
Indigenous Peoples: http://indigenouspeoplesissues.com/index.php?option=com_content&view=art...
22 Feb 11:
"7. While there was no dispute that the NT needed a significant influx of resources and programs, and it was acknowledged that there had been many years of neglect by government, there were many concerning aspects of the “Intervention”. ...
8. Additionally, many aspects of the “Intervention” were discriminatory and the government found it necessary to suspend aspects of the Racial Discrimination Act (1975) in order to pass the necessary legislation to implement the “Intervention”. This meant that nobody had any redress to complain about the discriminatory aspects of it. ...
9. The “Intervention” policies brought much shame to Aboriginal Peoples. The nature of the policies and much of the discussion at the time implied that they were the cause of their own disadvantage. At a practical level the “Intervention” had a severe impact on day to day life. ...
10. Many human rights advocates, church groups and communities themselves have spoken out against the “Intervention” but not all the criticism has been domestic. Australia has come under international scrutiny of the situation for Aboriginal and Torres Strait Islander Peoples. ...
11. The Committee on the Elimination of Racial Discrimination (CERD) has also commented on the “Intervention” ...
12. The “Living Letters” team reported that in every place they visited they were told that life had not improved under the “Intervention” and that it had in fact deteriorated. ...
The WCC Central Committee, meeting in Geneva 16-22 February, 2011, therefore: ...
2. Urges the Australian government to end the “Intervention” and instead to engage in proper consultation and negotiation processes which are genuinely inclusive of Aboriginal Peoples, which will better empower and enable them to identify their own aspirations, issues of concern and which will involve their full participation in creating and implementing solutions; "
BACKGROUND TO THE NORTHERN TERRITORY (NT) INTERVENTION:
Wikipedia, the free encyclopedia: Northern Territory National Emergency Response: http://en.wikipedia.org/wiki/Northern_Territory_intervention
'concerned Australians': http://www.concernedaustralians.com.au/
Defending Indigenous Rights: http://defendingindigenousrights.wordpress.com/
Intervention walk-off's Blog: http://interventionwalkoff.wordpress.com/
IRAG (Intervention Rollback Action Group): http://rollbacktheintervention.wordpress.com/
Jobs with Justice: http://jobswithjustice.wordpress.com/
STICS (Stop the Intervention Collective Sydney): http://stoptheintervention.org/
WGAR (Working Group for Aboriginal Rights): http://wgar.info/
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