Madam Chair,

The CERD Committee decided that the Australian Government's Native Title Amendment Act 1998 discriminates against indigenous title holders by validating past acts, extinguishing native title, upgrading non-indigenous title and restricting our right to negotiate.

To date the Prime Minister has not agreed to CERD recommendations to suspend implementation of the 1998 amendments and reopen discussions to find solutions acceptable to the indigenous peoples. Further, the Government has formally objected to a visit to Australia by members of the CERD Committee.

The Special Rapporteur on Racism, Xenophobia and related matters was due to visit Australia in 1998, during the period in which the amendments to the Native Title Act were being debated, but acting on the advice of the Australian government, he decided that a visit was no longer necessary.

We look forward to the presentation by the Australian Government which might explain why it refuses to remove racist legislation or consult properly with the Aboriginal and Torres Strait Islander people.

Madam Chair, I now refer to the fourth election of ATSIC, which will occur in October 1999. We ask the Australian Government to clarify its position on ATSIC for us at this forum.

Will the government explain:

• why their policy is not self-determination for the Aboriginal and Torres Strait Islander people;
• why the Minister gives over-riding directions to the elected representatives of ATSIC;
• why the government has removed a major proportion of annual funds from ATSIC;
• why the ATSIC commissioners had a ban on the Minister for over one year, a ban which has ended only very recently;
• why the Minister has stated that ATSIC can no longer participate in official government processes because it chooses to attend international fora, such as the WGIP, as an NGO;
• how the government deliberates on indigenous issues without formal ATSIC participation?

Madam Chair, in 1967 Australia amended the Constitution to give the national government power to make laws and administer Aboriginal and Torres Strait Islander affairs.

In 1999 the government is clearly acting to remove its responsibility, handing it back to the State or Territory governments.

Madam Chair, in 1995 the a national report on the protection of Aboriginal and Torres Strait Islander cultural heritage, commissioned by the government, was concluded.

Since that time the Australian Government has not only failed to implement any of the recommendations of the Report but has also drafted new laws which hand the responsibility for heritage protection back to the State/Territory governments.

In this situation:

• why is the federal government moving to give its responsibility back to the State and Territory governments; and
• how does the government ensure that its obligations to observe human rights are to be met in an accountable fashion?

Madam Chair, upon his reelection last year, the Prime Minister, John Howard, stated that reconciliation was to be a high priority of his government. At the same time, he ruled out any prospect of a treaty or comprehensive settlement.

The government is controlling the agenda which appears to have more to do with lowering Indigenous expectations and relieving white guilt leading up to the millennium, the Sydney Olympic Games and the centenary of Federation.

Madam Chair, you reminded us on Monday morning that 1999 represents the mid-point of the International Decade for Indigenous Peoples.

We agree with you that little progress has been made in the first five years of the decade. In fact, in Australia, recognition and respect for the rights of Indigenous Peoples have deteriorated during this period.

Madam Chair, you asked for practical proposals to advance the Decade. We ask the Australian government to outline what action it proposes to give greater focus to the decade.

Finally, Madam Chair, I wish to report a very positive development this year in the Australian State of Queensland.

The Queensland Government has decided to pay all workers who did not receive equal wages since 1975, estimated at 3,500 people, in a settlement expected to total $25.0 million.

This decision by the government to voluntarily settle, saving much suffering, deprivation and humiliation for the people concerned, represents a significant human rights action to end racial discrimination.

It is not the final settlement as more legal action has to be taken to establish further compensation for stolen wages during the eighty-year period before 1975. But we feel great honour in working with a government - the current Queensland Government - that is prepared to face its commitments and look for justice, rather than to wallow in denial of its past unlawful actions.

Thank you, Madam Chair.

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