This 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)
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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
