United Nations meetings (6)
Children categories
UNPFII 2010 (0)
Interventions made at the 2010 United Nations Permanent Forum on Indigenous Issues by members of the Indigenous Peoples Organisation Network (IPON)
View items...Australia to be questioned this week by Foreign governments on its human rights record at the United Nations
Written by IHRNA CoordinatorThis week Australia will be questioned by Foreign governments on its human rights record. This questioning will occur as part of the Universal Periodic Review (UPR).
The UPR is a process which reviews the human rights records of all 192 UN Member States once every four years. The review is conducted on the basis of The Charter of the United Nations, The Universal Declaration of Human Rights, and human rights instrument to which a State is Party.
Australia provided a State Report to the UPR based on its own assessment of human rights in Australia. However, and a non-government organisation (NGOs) report has painted a different picture of Australia's human rights record. The NGO report calls for a human rights act and makes a number of specific recommendations relating to Aboriginal and Torres Strait Islander peoples.
The first draft report on Australia will be available by 31 January 2011, but the final report will not be adopted until the session of the Human Rights Council in March or June 2011.
Australia's appearance at the Universal Periodic Review can be viewed via live webcast from Friday 28 Jan 2011 at 12:30am Sydney time (http://www.un.org/webcast/unhrc/index.asp)
AUSTRALIAN NGO COALITION SUGGESTED RECOMMENDATIONS ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES
1. RECOMMENDS the Government review the constitution, legislation, policies, and programmes that affect Aboriginal and Torres Strait Islanders to provide effective legal recognition and protection of the rights of Aboriginal and Torres Strait Islander peoples in light of the Declaration on the Rights of Indigenous Peoples. In this regard particular attention should be given to indigenous lands, territories and resources. (CERD/C/AUS/CO/15-17 Paras 3,15,16; A/HRC/15/37/Add.4 Paras 72,74,75,85)
2. RECOMMENDS the Government in consultation with the Aboriginal and Torres Strait Islander peoples look to ratify the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169). (A /HRC/15/37/Add.4 Para 76)
3. RECOMMENDS the Government strengthen, in cooperation with the indigenous peoples concerned, Aboriginal and Torres Strait Islander peoples’ own governance structures, and facilitate greater decision-making power by indigenous peoples over the design and delivery of culturally-appropriate services in their communities. A national representative indigenous body, as such, should have the capacity to design strategic initiatives in partnership with local indigenous communities and have the role of increasing the proficiency of indigenous leadership at all levels to advance indigenous self- determination. (CERD/C/AUS/CO/15-17 Paras 15,22; A/HRC/15/37/Add.4 Paras 72,80,81,82,91,92,93)
4. RECOMMENDS, in the six “Closing the Gap” targets, the Government ensure that resources allocated to eradicate socio-economic disparities are sufficient and sustainable to reduce Indigenous socio- economic disadvantage in the set timeframe while at the same time advancing Indigenous self- empowerment. (CERD/C/AUS/CO/15-17 Paras 6,22).
5. RECOMMENDS the Government revise legislative and administrative measures under the Northern Territory Emergency Response to ensure those measures are based on genuine consultation, engagement and partnership with the targeted communities and are in conformity with Australia’s international human rights obligations. CERD/C/AUS/CO/ 15-17 Para 16; A/HRC/15/37/Add.4 Para 106)
6. RECOMMENDS the Government fully implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody and incorporate justice reinvestment strategies, in consultation with Indigenous communities (CERD/C/AUS/CO/15-17 Para 20; A/HRC/15/37/Add.4 Para 103)
7. RECOMMENDS the Government increase and extend funding to Aboriginal legal aid, to provide culturally-appropriate legal services, such as interpretative services, including for women and
remote communities, and revise the civil and criminal justice systems to incorporate Aboriginal and Torres Strait Islander customary law and other juridical systems, including community dispute resolution mechanisms (CERD/C/ AUS/CO/15-17 Para 19; A/HRC/15/37/Add.4 Paras104,105)
8. RECOMMENDS the Government collaborate with the Australian Human Rights Commission to address past racially discriminatory practices including through the provision of adequate compensation to all involved including compensation to the Stolen Generation victims as a matter of urgency (CERD/C/AUS/CO/15-17 Paras 4,26; A/HRC/15/37/Add.4 Para 83)
9. RECOMMENDS the Government revise existing legislation to recognise and respect indigenous rights and authority in relation to cultural heritage and improve indigenous participation in decision-
making over traditional sites and objects ( A /HRC/15/37/Add.4 Para 88)
10. Recognising that ownership and control of their lands and territories continues to be denied to many indigenous communities in Australia, RECOMMENDS the Government improve and strengthen technical and financial resources for indigenous representation and participation in the native title procedures. (A/HRC/15/37/Add.4 Paras 72,87)
11. RECOMMENDS the Government negotiate a treaty agreement to build a constructive and sustained relationship with Indigenous peoples. (CERD/C/AUS/ CO/15-17 Para 15)
_____________________
CERD/C/AUS/CO/15-17 - Report on Australia by the Committee on the Elimination of Racial Discrimination
A/HRC/15/37/Add.4 - Report on Australia by the Special Rapporteur on the Rights of Indigenous Peoples
Australia abstains from vote at UN General Assembly on the right to water
Written by IHRNA CoordinatorAustralia abstained from a vote at the UN General Assembly which adopted a resolution on access to clean water and sanitation is a human right.
The draft resolution (document A/64/L.63/REV.1) introduced by Bolivia, called on States and international organisations, in scaling up efforts to provide safe, clearn, accessible and affordable drinking water and sanitation, to:
- to provide financial resources,
- build capacity and transfer technology, particularly for developing countries
The resolution also welcomed a request by the UN Human Rights Council’s for the UN Independent Expert on the issue of human rights obligations rela... (Catarina de Albuquerque) to report annually to the General Assembly.
The resolution was adopted by a vote of 122 in favour to none against, with 41 abstentions.
Australia, having obstained from the vote, made comments through its representatives. Australia's representative said:
-
access to water and sanitation was linked to a range of civil rights, and noted that more than half the people in the Asia-Pacific region lacked access to water and sanitation.
-
Despite having increased its development assistance, Australia nevertheless had reservations about declaring new human rights in a General Assembly resolution.
-
Indeed, when new rights were recognized, consensus was essential. Australia had followed the work of the independent expert, who should have been able to report on it before the text was tabled.
Further information on the resolution can be found here.
Indigenous delegates at UN Meeting call for constitutional reform and parliamentary scrutiny of bills
Written by IHRNA Coordinator
Image: Tammy Solonec reading the statement at the EMRIP meeting.
Aboriginal and Torres Strait Islander peoples attending the 3rd session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) meeting in Geneva this week recommended to the Experts to call upon the Human Rights Council to urge states to initiate constitutional reform to ensure freedom from discrimination and equality before the law. This, they stated, can be achieved through dedicated seats in Parliament for Indigenous peoples, and preambular recognition of Indigenous peoples as traditional owners in the Constitution.
The delegates also recommended to the Experts that countries adopt parliamentary scrutiny of bills processes to ensure they are critically analysed against compliance with international human rights obligations, including the Declaration of the Rights of Indigenous Peoples. The scrutiny process, they stated, could also be a process to determine the disproportionate impact of Bills on Indigenous peoples including the inequitable distribution of funding.
The delegates also recommended the immediate resourcing and development of national interpreter services for Indigenous languages; and the adoption measures to build the capacity of Indigenous individuals and groups to actively participate in government both horizontally and vertically,including measures to assist in overcoming poverty, disadvantage and trauma.
A full copy of this statement and all other statements made by Aboriginal and Torres Islander peoples organisations and the Australian Government can be found here.
Aboriginal delegates meet with the UN High Commissioner for Human Rights in Geneva
Written by IHRNA Coordinator
Indigenous delegates attending the 3rd Session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) met with the United Nations High Commissioner on Human Rights Ms Navi Pillay.
Indigenous delegates were represented through one of the seven geo-cultural regions of the world were represented. The Pacific was represented by Mick Gooda, the Aboriginal and Torres Strait Islander Social Justice Commissioner, and Les Malezer, Chairperson for the Foundation for Aboriginal and Islander Research Action (FAIRA).
Mr Malezer summarised his concerns, including those on the Northern Territory 'intervention', in a one-page document which was handed to the High Commissioner.
At invitation by the Australian Government, The High Commissioner may soon visit Australia. The High Commissioner is keen to visit Australia and the region, and will be disappointed if pending elections in Australia will cause her to cancel her visit to Australia, PNG and other locations. The High Commissioner mentioned that she will also soon visit Russia and expressed an interest in the situation of Indigenous Peoples in that region also.
Mr Malezer extended an invitation for the High Commissioner to visit Aboriginal and Torres Strait Islander peoples, and indicated that a letter will be sent to her by the Indigenous Peoples Organisations (IPO).
The High Commissioner thanked the delegations and assured them that she was taking seriously these representations from Indigenous Peoples. Ms Pillay referred to actions she has taken to improve resources for the Expert Mechanism on the Rights of Indigenous Peoples and other matters presented by the delegations last year.
Copies of Mr Malezer's one page brief to the UN High Commissioner can be found in the document link to the 3rd Session of EMRIP here.
Acknowledgements: this article was written based on an email from Mr Malezer.
Australia makes statement in Geneva at United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
Written by IHRNA CoordinatorThis week the United Nations Expert Mechanism on the Rights of Indigenous Peoples meets in Geneva. One of the Agenda Items for this meeting is a presentation of the draft of the progress report on the study on indigenous peoples and the right to participate in decision-making.
The Expert Mechanism welcomed comments and observations from participants and observers on the draft progress report.
The Australian Government statement to the Expert Mechanism Peoples (EMRIP) in Geneva included mention of:
National Congress of Australia's First Peoples (NCAFP)
Aboriginal and Torres Strait Islander Social Justice Commissioner
nomination of Megan Davis to the UNPFII
Indigenous Leadership Program
Indigenous Woman's Program
the Governments committment to consult Indigenous peoples in relation to matters that affect them and ensuring their participation in decision-making;
National Consultation on Human Rights: the Governments willingness to give careful consideration to all the Committee's recommendations before responding to this report in the coming months;
ACT Human Rights Act 2004;
Aboriginal and Torres Strait Islander Healing Foundation;
decision-making and consent through the Native Title Act 1993 - and role of Native Title Representative Bodies and Service Providers to represent the interest of native title claimants and holders;
Torres Strait Regional Authority;
Further information on EMRIP, and copies of the draft report on decision-making, and statements by the Australian Government and Aboriginal and Torres Islander peoples organisations can be found here.
THE UNITED STATES OF AMERICA SIGNALS IT SUPPORT FOR THE UN DECLARTION ON THE RIGHTS OF INDIGENOUS PEOPLES
Written by IHRNA CoordinatorTHE UNITED STATES OF AMERICA SIGNALS IT SUPPORT FOR THE UN DECLARTION ON THE RIGHTS OF INDIGENOUS PEOPLES
2nd Day - 9TH SESSION OF THE UN PERMANENT FORUM ON INDIGENOUS ISSUES
In its intervention on the special theme of culture and development (Article 3 and 32 of the Declaration), the United States today signalled its support for the Declaration on the Rights of Indigenous Peoples. As with yesterdays announcement by the New Zealand Government, today's announcement brought applause from the attendees at the Forum.
