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The following list gives a summary of the
final observations of CERD. The
numbers in parenthesis refers to the paragraph
numbers in the full report.
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Concluding Observations on
Australia
by CERD
(COMMITTEE ON THE
ELIMINATION OF RACIAL DISCRIMINATION)
56th session, 6 -24
March 2000
Summary List of Concerns
and Recommendations
CONCERNS
- The absence of any entrenched guarantee in law
against racial discrimination (6)
- The national responsibility to comply with treaties,
including compliance by States (7)
- Reduction of rights for Aboriginals in 'State
regimes' on Native Title (8)
- Unsatisfactory response to CERD Decisions 2(54) &
2(55) on Native Title laws (9)
- ATSIC capacities to address the issues of Indigenous
Peoples (11)
- HREOC capacities to address the issues of Indigenous
Peoples (11)
- Loss of confidence by the Indigenous community in the
process of reconciliation (12)
- Government refusal to apologise for separation of
Aboriginal families (13)
- Government refusal to compensate for separation of
Aboriginal families (13)
- Rates of Aboriginal incarceration (15)
- Lack of interpreter services (15)
- Seriously questions whether 'mandatory sentencing'
complies with the convention (16)
- The extent of inequality still experienced by the
Aboriginal population (18)
RECOMMENDATIONS
- Close scrutiny to be given to any proposed "State
regime' on Native Title (8)
- Full information on Native Title compliance be in the
next Periodic Report to CERD (9)
- Report from the Parliamentary enquiry (on race
discrimination) be sent to CERD (10)
- Reconsider any proposed changes to ATSIC or HREOC
that limits their capacity (11)
- There be effective leadership to ensure meaningful
reconciliation (12)
- Government address the harm caused by separation of
Aboriginal families (13)
- Government withdraw its reservation to Article 4(a)
re racial hatred laws (14)
- Government increase its efforts to address
socio-economic marginalisation (15)
- Government increase its efforts to address
discriminatory law enforcement (15)
- Government increase its efforts to address the
insufficient diversionary programs (15)
- All 'mandatory sentencing' laws be reviewed by the
Australian Government (16)
- Government implement 'faithfully' the 1951 Convention
on the Status of Refugees (17)
- More funds be given to eradicate
social/economic/cultural disparities in a short time
(18)
- Reports to CERD and findings be widely available to
the public (19)
- The next Periodic Report, due 30 October 2000,
address the present obervations (20)
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