Australia retreats from its international human rights obligations

Australia is a signatory to a number of international human rights instruments, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

These instruments set out international human rights standards to which signatories agree to be bound, and in relation to which they agree to undergo periodic scrutiny by a system of independent United Nations Committees.

Australia has recently found itself the subject of a series of adverse findings by a number of these committees, most notably the UN Human Rights Committee (UNHCR) and the Committee on the Elimination of Racial Discrimination (CERD). A number of these adverse findings have concerned Indigenous affairs policies and systemic discriminatory practices against Indigenous people.

International instruments such as CERD, ICCPR and ICESCR identify a number of fundamental standards in relation to Indigenous peoples, namely, the right to self-determination, the right to informed consent with respect to policies which affect indigenous peoples, and the right to a standard of substantive equality (ie, equal outcomes and not simply equal opportunities) with other citizens.

The recent adverse findings against Australia by UN Committees have identified substantial breaches in respect of all three of these standards.

The Australian Government has reacted by rejecting the criticism outright as 'insulting', 'unbalanced' and as interfering with Australia's sovereign affairs. It further signalled a retreat from its international human rights obligations by calling a review of Australia's involvement in the UN treaty system.

It has also defended its Indigenous affairs agenda, articulating a policy framework of what the Prime Minister terms "practical reconciliation" - measures focused on health, housing and education.

In the lead-up to our Centenary of Federation, the Australian Government's actions are ominously reminiscent of those of South Africa during the apartheid era. The Australian Government needs to acknowledge that international standards, including those of substantive equality, informed consent and self-determination, apply equally to Australia's Indigenous affairs policies as to those of other countries, such as Indonesia, Burma or Malaysia, which have attracted international criticism for more serious abuses of human rights.

Most importantly, international standards require the Federal Government to commit to a genuine process of direct negotiations with Indigenous people to resolve the matters that continue to sour relations between indigenous and non-indigenous Australians.