Statement 65 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Meeting of the Expert Mechanism on the Rights of Indigenous Peoples
Item 4
Statement by the Delegation of Australia
11 August 2009

On 3 April 2009 , the Minister for Indigenous Affairs, the Hon Jenny Macklin MP announced Australia’s support for the United Nations Declaration on the Rights of Indigenous Peoples in a ceremony at Parliament House.

In reversing the previous Government’s position, the Australian Government signalled its desire to reset the relationship between Indigenous and non-Indigenous Australians.

The Minister said that by Australia’s support for the Declaration, “We show our faith in a new era of relations between states and Indigenous peoples grounded in good faith, goodwill and mutual respect.”

The announcement received positive support. The Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma called it a 'watershed moment in Australia's relationship with Aboriginal and Torres Strait Islander peoples'.

Its significance has also been noted internationally, and welcomed by UN experts including Professor S. James Anaya, the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous peoples, Mr John Henrikson, the Chair of the Expert Mechanism on the Rights of Indigenous Peoples and Ms Vicky Tauli-Corpuz, Chair of the Permanent Forum on Indigenous Issues. The High Commissioner for Human Rights has made positive comments in this forum.

Supporting the Declaration on the Rights of Indigenous Peoples followed the Australian Parliament’s National Apology to Australia’s Indigenous peoples, in particular the Stolen Generations.

Following the announcement and reflecting this new era of relations, the Australian Government, the Australian Human Rights Commission and Aboriginal and Torres Strait Islander Organisations made a joint statement on developments in Indigenous affairs in Australia at this year’s Permanent Forum.

Building on these milestones the Government has committed to an Aboriginal and Torres Strait Islander Healing Foundation; significant new funding to native title representative bodies; the re-instatement of the Indigenous Electoral Program; and strengthened our support to language maintenance and interpreting services.

All governments at the federal, state and territory level have endorsed ambitious targets to ‘close the gap’ between Indigenous and non-Indigenous Australians in the areas of life expectancy, child mortality, education, and employment.

These targets are accompanied by unprecedented levels of new resources to address decades of under-investment.

To build the voice of Aboriginal and Torres Strait Islander peoples in policy development and national affairs, the Australian Government is committed to establishing a National Indigenous Representative Body by the end of this year.

An Indigenous Steering Committee convened by the Australian Human Rights Commission has led consultations on options for a preferred model.

Our shared success in closing the gap is grounded in our ability to foster healthier and more resilient relationships within and across families, peer groups, communities and organisations – to find better ways to manage conflict, look out for vulnerable groups and instil positive expectations and aspirations amongst the new generation.

In doing so, governments must also be prepared to respond if manifest failures on the part of individuals or communities place others at risk of harm.

The Government notes the recent General Comment on Indigenous Children (No 11, 2009) by the Committee on the Rights of the Child, which highlighted the need to give prominence to the rights and best interests of children.

The Government also notes the ongoing consideration by the Committee on the Elimination of Racial Discrimination on the parameters and content of Special Measures under the Convention on the Elimination of Racial Discrimination.
The Australian Government, in line with its renewed engagement in human rights development, is looking forward to making a strong contribution to this critical and evolving area of international law.

The Government has committed to redesign the Northern Territory Emergency Response (NTER) in consultation with affected communities and intends to introduce legislation into the Parliament in October this year to lift the suspension of the Racial Discrimination Act applying to the NTER measures.

Thank you for the opportunity to advise the Expert Mechanism about new partnerships with Aboriginal people and Torres Strait Islanders building on Australia’s support for the Declaration on the Rights of Indigenous Peoples.