Issues

United Nations Committee for the Elimination of Racial Discrimination


In March 2000 the UN's internationally respected Committee for the Elimination of Racial Discrimination (CERD) reaffirmed its March 1999 finding that the 1998 Native Title Amendment Act (Howard's Ten Point Plan) was racially discriminatory and seriously breached Australia's international treaty obligations. This accords with independent conclusions in Australia of human rights and legal experts, unions, community leaders and even the government's own legal advisers.

The Act is racially discriminatory because it consistently deprives Indigenous peoples of land title rights for the benefit of non-indigenous interests. It is particularly savage because it compounds the disadvantage caused by earlier disposessions. Many Indigenous people live in fourth-world conditions. Indeed the committee was deeply concerned that an extremely wealthy nation can leave 2% of its population in poverty, ill-health, poorly housed and over-imprisoned.

The committee also found that the government had failed to negotiate genuinely with Indigenous people about the Act, disregarding the UN Convention on the Elimination of Racial Discrimination which Australia ratified in 1975. CERD urged Australia to 're-open discussions [with Indigenous representatives] with a view to finding solutions acceptable to the Indigenous peoples and which would comply with Australia's obligations under the Convention'.

In their most recent decision the 18 independent human rights experts of CERD expressed grave concern at government inaction. This inaction itself breaches the Convention. On ratifying it Australia solemnly promised before the international community to 'pursue by all means and without delay a policy of eliminating racial discrimination [and to] amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination'.

The government responded, not by fixing the problem, but by denigrating and undermining the CERD committee and the UN human rights system, and by diversions such as an inquiry into the UN treaty system. CERD has offerred to visit Australia- the government has refused- what has it to hide? Meanwhile Australia's international reputation goes down the drain as international scrutiny widens and Indigenous people continue to suffer.


[ TOP ]