Australia is not doing enough to eliminate racial discrimination in Australia

By Les Malezer
les.malezer@gmail.com

The Foundation for Aboriginal and Islander Research Action (FAIRA)
calls upon the Government of Australia to take a more prominent and
active position on the elimination of racism in Australia.

There are many areas which are in need of attention, at the highest
levels in law in Australia, to the details of disadvantage and poverty
at the local levels.

While Australia participated actively in the drafting of the United
Nations Convention on the Elimination of All Forms of Racial
Discrimination and signed on to this treaty in 1966 it has not shown
itself to be a dedicated and committed force against racial
discrimination.

In 2011 we are facing a number of extreme examples of the failure of
the government to take action.

Australia fails to ratify Article 15 of the race convention

The international treaty for the elimination of racial discrimination
has been signed and ratified by Australia but the government still
refuses to ratify the provision on racial vilification.

As a result persons committing racial vilification in Australia are
not breaking the law.

It is a long way away from the desired policy of 'zero tolerance' of
racism.

Australia's Constitution has discriminatory provisions

The highest court in Australia has failed to confirm that the 'race
power' contained in Section 51 of the Constitution provides protection
against racism.

We saw that become truth in the Hindmarsh Bridge case when the
government withdrew heritage protection laws designed for the benefit
and equality of Aboriginal people.

It also became evident in 2007 when the national government suspended
the operation of the Racial Discrimination Act to deny the Aboriginal
people in the Northern Territory access to the courts or fair
treatment in accordance with the rule of law.

Full-time race commissioner

The race commissioner in Australia is still a part time position
despite growing and more frequent instances of racial conflicts
occurring in Australia.

No anti-racism strategy

The Government of Australia has refused to ratify the Durban
Declaration and the Program of Action, and refuses to participate in
the Durban Review processes.

While there are specific problems of a political nature that erupted
during these important world events, the government still has an
obligation to the many racial, ethnic and cultural groups in Australia
to participate in global efforts to eradicate racism and to adopt
commitments at the international level to objectively and
strategically address the continuing racial discrimination in Australia.

CERD Reports are ignored

Since 1999 the Committee on the Elimination of Racial Discrimination
(CERD) has produced six specific reports on Australia and on each
occasion called upon the Government of Australia to comply with its
obligations under the convention.

These reports and recommendations have been completely ignored.

Much needed reforms in the area of land rights and native title, and
in political participation in the governance of Aboriginal affairs,
are not addressed and the government continues to forge deeply
divisive policies into Australian society leading to greater despair,
dispossession and disempowerment.

FAIRA refers in particular to the ongoing impoverishment of the
Aboriginal and Torres Strait Islander people in Australia and their
specific needs to gain political, economic, social and cultural
equality through special and concrete measures.

The lack of purpose, of objectives and targets, and strategies means
the government is unable to address the disadvantages and create
equality.

The Aboriginal and Torres Strait Islander people are left without any
hope and without any means to engage with the government in seeing or
accounting for realistic and humane targets for non-discrimination.

On this international day, FAIRA calls for the national government,
supported by the State and Territory Governments to review its current
policy-less status and establish the steps towards an anti racism
strategy in this country.

In particular, we seek that the government establish an anti-
discrimination strategy which is focussed upon the situation of the
Aboriginal and Torres Strait Islander people, and which gives
definition to the purposes of special and concrete measures as defined
in the International Convention on the Elimination of All Forms of
Racial Discrimination.

Les Malezer
Chairperson
FAIRA

Contact: 0419 710720
Email:

ENDS

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STATEMENT BY GROUP OF UN HUMAN RIGHTS EXPERTS TO MARK INTERNATIONAL
DAY FOR THE ELIMINATION OF RACIAL DISCRIMINATION

Recognition, Justice and Development: A Roadmap to Achieve Full
Equality for People of African Descent

18 March 2011

Following is a statement by a group of UN independent human rights
experts to mark the International Day for the Elimination of Racial
Discrimination, which is commemorated on 21 March 2011:

GENEVA – “Recognition, justice and development, three key steps to
achieve full equality for people of African descent; three steps to
mark 2011, the International Year for People of African Descent, and
today, the International Day for the Elimination of Racial
Discrimination.

Recognition

We need to recognize that, regrettably, racism and racial
discrimination against people of African Descent remain embedded in
our societies.

People of African descent continue to face discrimination as a result
of historical imbalances and injustices particularly in education,
health, employment and housing. They continue to be victims of
generalized racism and racial discrimination. Societies are not
necessarily aware of the widespread marginalization and social
exclusion that people of African descent face in everyday life due to
the absence of appropriate tools to recognize and assess their
situation, including reliable statistics and data. We need this data
not only to identify the persons and groups affected by racial
discrimination, but also to better understand the nature and extent of
the inequalities they face.

Justice

No country is free from racial discrimination in the administration of
justice.

We need to ensure the fair and equitable treatment of people of
African descent in the administration of justice, thereby redressing
disparities which can be partially explained by the continued
existence of structural and institutional racism.

Inequalities in all aspects of daily life of people of African
descent, demand our continued urgent attention. They not only persist
regarding access to employment and promotion or educational
attainment, but also seep into the provision of housing, health
services, access to political decision making and judicial systems.

Subtle, but ever present, structural discrimination or
institutionalized racism are part of everyday existence. They are
regrettably not only accepted as part of the culture within public
institutions or private enterprises, but also within the wider society.

The situation of women and girls of African descent who often suffer
multiple forms of discrimination on the basis of their descent and
gender must not be forgotten. They are regularly more marginalized and
discriminated in comparison to men in key areas such as education,
public and political life, health, and access to labour markets. They
remain particularly vulnerable to exploitation, trafficking, and
racial abuse and violence.

Development

Invaluable contributions to the economic, social, cultural, civil and
political life of society have been made by people of African descent.
Their brave efforts to overcome prejudice, racism and injustice have
contributed to improving the freedom and equal rights of all peoples.

We need to integrate the insights, experience and expertise of people
of African descent, empowering them to develop policies and practices
to eliminate discrimination against people of African descent and
realize their own aspirations.

Meaningful participation, empowerment, equality and non-discrimination
are central features of a human rights-based approach to development.
Racial discrimination against people of African descent impedes
development.

The diversity of cultures, languages and customs of people of African
descent weaves a rich tapestry of personal stories across the globe.
We celebrate their contribution to our multi-ethnic and multicultural
societies with a vision to continue striving for equal opportunities
for all.

Recognition, Justice and Development: a roadmap to achieve full
equality for people of African descent.”

The Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, Githu Muigai:
http://www2.ohchr.org/english/issues/racism/rapporteur/index.htm

The Chair of the Working Group of Experts on People of African
Descent, Mirjana
Najcevska:http://www2.ohchr.org/english/issues/racism/groups/african/4african.htm

The Chair of the Committee on the Elimination of Racial
Discrimination, Anwar
Kemal:http://www2.ohchr.org/english/bodies/cerd/index.htm

The Independent Expert on minority issues, Gay
McDougall:http://www2.ohchr.org/english/issues/minorities/expert/index.htm

For more information and media requests, please contact Michelle Erazo
(Tel: + 41 22 917 9722 / email:merazo@ohchr.org) or Kellie Shandra
Ognimba (Tel: + 41 22 917 9268 / email: kognimba@ohchr.org).