NATIONAL INDIGENOUS WORKING GROUP
ON NATIVE TITLE (NIWG)
345 King William Street
ADELAIDE SA 5000
AUSTRALIA
19/3/2000
The Chairman
Committee on the Elimination of Racial Discrimination
Room XI
Palais des Nations
Geneva
SWITZERLAND
Dear Mr Sherifis
I attach for the consideration of your Committee at its
Fifty-sixth Session the submission from the National
Indigenous Working Group on Native Title (NIWG). NIWG is an
association of Aboriginal Land Councils and Representative
Bodies and represents the interests of Aboriginal
native-title holders in Australia. As you would be aware,
NIWG made submissions to the 54th and 55th Sessions of the
CERD Committee in 1999.
The attached submission covers the 1998 amendments to the
Native Title Act, Aboriginal deaths in custody and
mandatory sentencing and the report of the National Inquiry
into the separation of Aboriginal children from their
families.
In presenting this submission, I wish to raise with you two
related issues. The first relates to the CERD Committee's
1999 Annual Report (A/54/18). NIWG was very disturbed to
learn that in 1999, for the first time, the Committee's
Annual Report did not attract a resolution of the General
Assembly. NIWG was informed that, due to work load pressures
on the Third Committee and the General Assembly, a
resolution would only be prepared on the CERD Committee's
Annual Report each two years. It appears to NIWG that the
work of the CERD Committee is not regarded with the same
level of importance within the General Assembly as it has
been in the past; by deciding to consider CERD's annual
report on a biannual basis can be construed as being a
significant downgrading of matters relating to racial
discrimination by the General Assembly.
Given that the CERD Committee's decisions on Australia under
its early warning and urgent action procedure were included
in the 1999 Annual Report, the opportunity for Australia to
be placed under the scrutiny of the General Assembly was
lost.
NIWG appreciates that the CERD Committee cannot be held
responsible for the decisions of the General Assembly.
However, as your Committee will discuss its Annual Report
and related resolutions during its 56th Session, we urge
your Committee to seek to have the practice reversed.
The second matter I wish to raise relates to the World
Conference Against Racism. Again, NIWG realises that the
Commission on Human Rights has responsibility for organising
the conference and that the CERD Committee's role is that of
a expert advisory body. However, NIWG believes that the CERD
Committee can exert considerable influence.
NIWG is concerned that the matter of eliminating racism
against Indigenous Peoples should receive the attention it
deserves during the Conference. We believe that those States
with Indigenous populations who have been affected adversely
by European colonialism should acknowledge the injustices of
the past and seek to make amends. NIWG notes that many
States, including Australia, are reluctant to talk about the
past and are unwilling to officially apologise for past
injustices. Until they come to terms with their past and
reach agreements with Indigenous peoples, injustices
continue. In fact, the CERD Committee determined in it
Decision 2 (54) and reaffirmed in Decision 2 (55) that the
Australian Parliament itself had discriminated against
Aboriginal and Torres Strait Islander peoples is passing the
1998 amendments to the Native Title Act . As we
assert in the attached submission, states parties to the
Convention have responsibilities not just to eliminate
racism within their borders but also to not legislate or
take other actions which discriminates on the basis of
race.
NIWG seeks your Committee's assistance in having the
situation of racism against Indigenous Peoples included as a
focus of the World Conference Against Racism.
Yours faithfully
Parry Agius
Chairman
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