Speech by Les Malezer to the
Working Group on Indigenous Populations


 

Thank you, Madam Chair. I make this intervention on behalf of the National Indigenous Working Group on Native Title (NIWG), the Foundation for Aboriginal and Islander Research Action (FAIRA), and the Gunjehmi Aboriginal Corporation.

We also ask that the Australian Government make all necessary efforts for the implementation of the Draft Declaration on the Rights of Indigenous Peoples. And we ask that the CANZUS partners to the Australian Government show leadership to this same purpose.

The UN Secretary General sent the message on the occasion recognising the International Day for the Elimination of Racial Discrimination (21 March 1999). He said that the United Nations must not endeavour to develop more standards relating to racial discrimination, but proceed with programs of action to eliminate racial discrimination.

Madam Chair, we welcome your Report, prepared as Special Rapporteur, on Indigenous Peoples and their relationship to land. In particular we note and support paragraphs 144 to 149 which identify an important role for international experts and bodies to facilitate the resolution of land and resource rights.

However, we are wary of establishing processes and structures which might have the effect of diverting attention from the roles of the human rights treaty bodies such as CERD. On some occasions (and in Australia we are experiencing such an occasion) it is necessary for the United Nations to be firm in upholding clear standards.

Also we point out that the 'early warning' provisions, as adopted by the CERD committee, may be a useful stratagem for a 'fact-finding body' or 'ombudsman', as recommended in your report.

But please note the actions of the Australian Government, which has refused permission for the CERD Committee to visit Australia, because CERD has found Australia to be 'in breach'..

Madam Chair, in this brief statement let us now strongly urge the Human Rights Commission to fund, as soon as possible, the urgently needed international workshop on 'Indigenous Peoples and the protection of Cultural Heritage'.

This workshop is needed at the international level to establish guidelines to which we can refer, and which may help to ensure that the cultural heritage of our Indigenous Peoples are fully protected.

Madam Chair, only two weeks ago the UNESCO World Heritage Committee met in Paris for an extraordinary meeting to debate placing the Kakadu National Park World Heritage site on the"in-danger" list because the Australian Government has approved a new uranium mine at Jabiluka.

The Mirrar Peoples are unable to prevent mining on their land, because the Australian Government has failed to observe its own laws, as well as international standards, requiring adequate socio-economic impact assessments.

The Indigenous Peoples who are the traditional owners of the land have repeatedly expressed their opposition to the mine. The issue is not whether all uranium mining should be banned (although they do have opinions on that issue), but rather it is the assertion that the traditional owners of the land have the right to prevent or control the mining of their land.

The Australian government is spending $2.0 million on an international campaign to stop Kakadu National Park from being placed on the World heritage Commission's "in-danger" list, despite the recommendations of the three 'expert committees'.

Madam Chair, government's are increasingly prone to influences and pressures from multinationals. Our defence and protection lay in agreed international standards. For this reason, we must give immediate attention to expeditiously completing standards (especially the Draft Declaration on the Rights of Indigenous Peoples). Then we must concentrate upon the implementation of standards - this must be our focus from Year 2001.

Thank you, Madam Chair.


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FAIRA Aboriginal Corporation
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