PRESS RELEASE 16 March 1999

Aboriginal and Torres Strait Islander people can claim a significant victory in their bid for international recognition and defence of their human rights.

Today's decision [copy attached] by the International Committee on the Elimination of Racial Discrimination (CERD), to continue to monitor the Native Title laws in Australia, is a major success for the human rights of the Aboriginal and Torres Strait Islander people.

The National Indigenous Working Group on Native Title (NIWG) claims that the Australian Government has been soundly rebuffed in its attempt to force a backdown on CERDís previous decision in March 1999.

The Australian Government desperately wants a political, compromise position, which it cannot get, regarding its laws which allow racial discrimination against Native Title holders.

NIWG believes the Australian Government can now expect to face wider scrutiny, and harsher criticism, of its Native Title laws and policies, by the international community.

It is certain that Australia will now be officially reported to the United Nationsí General Assembly at the end of 1999, for failing to address its breaches of the  International Convention on the Elimination on All Forms of Racial Discrimination (the Convention).

Furthermore, Australia must again appear before CERD in March 2000, when the Committee will once again examine whether Australia has acted to ensure the Native Title laws comply with the Convention.

The CERD meeting next year will also expand its focus of attention to also consider other policies and programs of the government which affect Aboriginal and Torres Strait Islander peoples.

The wider attention arises because the Australian Government has recently submitted outstanding periodic reports to CERD, which fell due in 1994, 1996 and 1998.

The examination of these reports will mean that the Governmentís record on issues such as Deaths in Custody, ëStolen Generationsí, and Reconciliation can also be examined.

NIWG considers that there will even more submissions, complaints and delegations from the Aboriginal and Torres Strait Islander people at the next CERD meeting.

NIWG calls upon the Australian Government to immediately reform its racist policies and legislation.

NIWG is deeply concerned that continuing acts of extinguishment and impairment of Native Title, which are occuring on a daily basis around Australia, will be found to be invalid and therefore cause major problems for developers and governments in the near future.

NIWG considers that there is no moral or otherwise compelling basis for these racist, illegal acts to be validated when the Native Title Amendment Act 1998 is overturned.

The State and Territory Governments are also developing and implementing Native Title laws which will prove to be illegal because they are racially discriminatory.

The Australian Government must act quickly to remove its opposition to Aboriginal rights and rescind the offensive Native Title Amendment Act 1999 before March 2000.

NIWG reaffirms its willingness to facilitate and participate in a process promoting meaningful discussions between the government and the representatives of Aboriginal and Torres Strait Islander people.

FOR FURTHER INFORMATION CONTACT:

Les Malezer  + 61  419  710720
Pam Jones    + 61  419  648154

FAIRA Aboriginal Corporation
Phone +61 7 3391 4677 • Fax +61 7 3391 4551 • email letterbox@faira.org.au
Post Office Box 8402 Woolloongabba Q 4102 Australia
37 Balaclava Street Woolloongabba