Indigenous People of Australia Welcome CERD Findings

18 March 1999

Statement issued by :

• Commissioner Geoff Clark, Commissioner for Native Title, Aboriginal and Torres Strait Islander Commission (ATSIC), and
• Mr Les Malezer, Deputy Chair of the National Indigenous Working Group on Native Title (NIWG)

We congratulate the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD) for its astute decision that the Native Title Act is in breach of the International Convention on the Elimination of All Forms of Racial Discrimination.

In our view the Committee provides an unambiguous statement that the Australian Government is committing racial discrimination and is in breach of Articles 2 and 5 of the International Treaty on the Elimination of All Forms of Racial Discrimination.

The Committee also finds that the government has failed to confirm with the Committees General Recommendation XXIII regarding racial discrimination against Indigenous Peoples.

We consider the Committee members have, throughout the meeting, clearly expressed their concerns that the legislation is in breach of the International Convention because it:-

• does not protect the land ownership of the Aboriginal Peoples ;
• is clearly the instrument which increases the legal ownership rights over land held by non-Aboriginal parties, such as pastoralists ;
• increases the other land ownership rights to the corresponding detriment of the Aboriginal Peoples ;
• in all instances where invalid titles occur through duplication of ownership, prefers the interests in land of non-Aboriginal people over the interests of Aboriginal people ;
• manifestly interferes with Aboriginal landowners rights to negotiate their interests over their land ; and
• does not have the informed consent of the Aboriginal Peoples.

The concerns of the members of the Committee are an accurate reflection of the deep concerns expressed by all fair-minded Australians, who opposed the governments amendments to the original Native Title Act.

The Committee has proposed that the Australian Government take urgent action to redress the racial discrimination.

The message now to all Australians is clear. The Native Title Act is a racist Act, and Aboriginal Peoples are the victims of government racism.

The national, racist laws of Australia are not acceptable, and cannot be tolerated in a global community which is committed to human rights as defined in the Universal Declaration of Human Rights and the related instruments.

We call upon the Australian Government to agree to enter into immediate negotiations with the Aboriginal Peoples to form a statutory and constitutional regime for the protection of the land rights of Aboriginal Peoples and for the recognition and protection of other Indigenous Rights.

We also call upon the Australian Government to endorse the invitation issued to the Committee for a visit to Australia in the next three months.

The Committee has indicated its commitment to obtaining a more detailed understanding of the facts of the Native Title Act and the effects of the Native Title Act.

The Committee has also expressed its concern that all Peoples should have a good understanding of the role and the workings of the Committee.

Finally, we congratulate the hard work by the many people and organisations who have pursued justice for the Aboriginal Peoples.

In particular we mention the Aboriginal and Torres Strait Islander Commission (ATSIC), the National Indigenous Working Group on Native Title (NIWG), the Aboriginal Tent Embassy, Indigenous organisations, groups and individuals, Australians for Native Title and Reconciliation (ANTAR), NGOs, parliamentarians, religious leaders, and concerned individuals for their tireless campaign.

Congratulations must go to the Board of the Aboriginal and Torres Strait Islander Commission for its refusal to withdraw its international actions under direct pressure from the Australian Government and Minister for Aboriginal and Torres Strait Islander Affairs.

• Report to the Committee
• Decision by the Committee on Australia
• Key Extracts from the CERD Committee Decision
• International Convention on the Elimination of All Forms of Racial Discrimination - Articles 2 & 5

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
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