Native Title Laws Fail UN Scrutiny
The 1998 Native Title Act Amendments were referred to the UN Committee on the Elimination of Racial Discrimination (CERD) over concerns that the amendments breached Australia's international human rights obligations. This resulted in Australia being the first Western nation to be placed on the Committee's Early Warning and Urgent Action procedures.
After taking extensive submissions from Indigenous groups, NGOs and the Australian Government, the CERD Committee ruled in March 1999 that the Amendments were in breach of Australia's human rights obligations. The Committee advised the Australian Government to immediately suspend the amendments and to enter into negotiations with Indigenous people to find a solution which was acceptable to both parties. The Australian Government rejected the findings outright.
The CERD Committee has since twice reaffirmed its March 1999 decision, most recently in March 2000, releasing findings which were also highly critical of Australia's efforts to address continuing widespread discrimination against Indigenous Australians. This included concern about mandatory sentencing laws which have exacerbated Australia's high rates of Indigenous incarceration, and continuing systemic impediments to the enjoyment of economic, social and cultural rights by Indigenous people.
The Australian Government reacted by criticising the competency of the CERD Committee and calling a review of Australia's involvement in the UN Committee system. Such reaction is disappointing and misdirected in that it avoids addressing the substance of the UN's concern. Such concern will continue to focus attention on Australia's commitment to its international obligations. The criticisms of the CERD Committee have been mirrored in further recent scrutiny of Australia's human rights obligations by other UN Committees.
Australia's next report to the CERD Committee is due on 30 October 2000.
Further information:
1998 Native Title Act Amendments
