As we celebrate Human Rights day in 2010 we are reminded of the many individuals who suffer human rights abuses around the world. We also celebrate the many people who shine a light on these abuses and whose efforts to stand up for the rights of others are often unrecognised.

NATSIEC pays particular respect to Aboriginal and Torres Strait Islander peoples and their continuing struggles against oppression and attacks on culture, lands and peoples.

In 2010, Australia is a country that has much to be proud of, but we can not shy away from examining our shadow, those areas where we are failing to protect our citizens from abuse. Many Aboriginal and Torres Strait Islander peoples are having their rights violated on a daily basis. Whether it is through racism or through discriminatory public policies the rights of many Indigenous Australians are often compromised.

Although Australia does not have a Bill of Rights we are signatories to a number of International Human Rights instruments which should guide us to protect the rights of those most vulnerable. In particular, Australia now supports the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration). We now need to ensure that the principles of the Declaration are brought into Australian law and policy. No legislation that affects the Indigenous peoples of this country should be enacted unless it has been subjected to scrutiny through the lens of the Declaration.

One policy area that urgently needs to be scrutinized using the Declaration framework is the Northern Territory (NT) Intervention.  

The United Nations Committee on the Elimination of Racial Discrimination (CERD) has said the Intervention continues to discriminate on the basis of race. During a recent visit NATSIEC undertook to Aboriginal communities in the NT, we heard personal stories of discrimination and racism. Rev. Dr. Djiniyini Gondarra OAM, from Galiwin’ku who had recently returned from Geneva where he talked to CERD said about the Intervention:

 It’s the most evil and most racist (policy) ever established. The Government report to CERD said ok – they are happy people. It’s a lie!

One of the most discriminatory aspects of the NT Intervention was the roll back of the Racial Discrimination Act (RDA), which ensured that many aspects of the Intervention were excluded from the protection of the RDA. On December 31st legislation which is supposed to reinstate the RDA in full will come into effect. Despite the Government’s repeated statements that this new legislation will ensure that the rights of NT Aboriginal people will be protected in full, we are not confident that this is true.  

There are still several areas which remain as “special measures” and there remains a distinct lack of consultation on all aspects of the Intervention. Despite Government rhetoric the benefits of the Intervention remain questionable. The means of attaining these supposed benefits are outrageous in a democratic country which prides itself on the concept of a “fair go”. We have the knowledge, we have the resources, but we do not seem have the will to implement policies which will celebrate and empower Aboriginal peoples.

The media, and through them the public, often accept at face value the Government statements which tell us that things are improving in the NT while conveniently ignoring the voices of the people affected; the stories of suffering and anguish caused by these measures. We must take notice of what people are experiencing; how much longer are we going to stand by and let these things happen?

We must question the need for these special measures; we must question why Aboriginal communities are being pressured to trade land title for housing, education and health. Do they not have the right to expect Government to provide these things – as does every other Australian citizen?  We should be suspicious of the rhetoric around the “problems” of Aboriginal communities and we should fight against any attempts to diminish the capacity of Aboriginal communities to make decisions for themselves and their futures. 

People often ask me “what can I do?” There is plenty each and every one of us can do; start right here and now. Today, on human rights day we are being asked to “Speak up: Stop discrimination”. To speak up it’s necessary to ask questions and look beyond the superficial, listen to the people and take action.

You could start by watching an excellent film called Our Generation. This is an important film which gives voice to those people affected by the Intervention. Go to http://www.ourgeneration.org.au/ to find out when a community screening is being held in your area. If there isn’t one, buy the DVD and organize one.

One of the key messages in the Make Indigenous Poverty History campaign was to Remember, Recognise and Rectify. We need to Remember the past, to know a true and honest picture of what has gone before. We need to Recognise what is still going on today; to understand that colonization and discrimination are alive and well around the country. Most importantly we need to Rectify. It’s not enough to know about something, we must take action. It may be as simple as challenging an ignorant statement at a dinner party or it may be taking to the street; writing to the Prime Minister; visiting your local MP. It doesn’t have to be big, but it has to be something. Nobody in Australia can say “we didn’t know” – we do know and each and every one of us is responsible to take an action to help end discrimination and racism. So on Human Rights Day 2010, I hope you will join us at NATSIEC in speaking up and saying no to discrimination and yes to human rights for all.

Graeme Mundine, Executive Secretary, NATSIEC

The Hon. Alastair Nicholson delivered an excellent speech last week on the issue of a lack of a Bill of Rights in Australia as well as the NT Intervention. It is quite a long speech so I have put a pdf on the website at http://www.ncca.org.au/files/Natsiec/Alastair_Nicholson_-John_Barry_Mem__speech__3_.pdf

One statement from the speech, amongst many excellent points, stands out to me:

“I think that as time passes it becomes clear that the intervention was an exercise in social engineering to destroy Aboriginal culture and Aboriginal attachment to their traditional lands and to force Aboriginal people into suburban agglomerations and adopt a white life style”. (Alastair Nicholson).

Below is a message from ‘concerned Australians’ who are organizing a petition to CERD. The petition is attached. Please note this petition is time sensitive and should be returned to concerned Australians by the end of May. If you have any questions about the petition please address them to Michele Harris at ‘concerned Australians’ harrisme@bigpond.com

Sign the petition electronically at http://www.gopetition.com/online/35341.html

or download below.

‘concerned Australians’,

PO Box 281, East Melbourne,

Vic 3008

April- May Action

Dear Friends,

We are again asking for your help. We commenced lobbying for the reinstatement of the Racial Discrimination Act (RDA) when it was suspended in 2007 at the commencement of the Intervention. Our current government promised to reinstate it when they came to power.

The Northern Territory Emergency Response (NTER legislation) which is currently before Parliament includes plans to reinstate the Act. However this new Act will be a very restricted version of the one that was suspended. It will not have the powers to protect Aboriginal people from, so-called, ‘special measures’. For example when the RDA was suspended Aboriginal people had no means of appeal against compulsory acquisition of their land by Government on 5 year leases. When this new Act is reinstated nothing will change. There will still be no legal avenue to address this issue, or any other issue related to the measures.

Regarding the 5 year leases former Justice Michael Kirby said, “If any other Australians, selected by reference to their race, suffered the imposition on their pre-existing property interests of non-consensual five-year statutory leases … it is difficult to believe that a challenge to such a law would fail … .”

Calls to the Government to fulfil its promise and reinstate an UNRESTRICTED and UNCONDITIONAL RDA have been ignored. We are therefore calling on the Committee for the Elimination of Racial Discrimination (CERD) to press Government to respect its commitment to the Declaration on the Rights of Indigenous Peoples and reconsider its action in the Northern Territory.

In line with the above action we are relying on your support in collecting names of those who will be prepared to support this action. On Monday evening [290310] former Chief Justice Alastair Nicholson said, “. As an Australian I am tired of my country being subjected by its Governments to classification as racist and white supremacist and I am tired of being ashamed of my country as I have been since the advent of the Howard Government and now its successor”.

This is an Australian problem, not just a problem for Aboriginal people. We are attaching a flyer (which can be used in its own right at events like concerts, justice meetings/ Sorry Day etc which provides information on the issue as well as a petition form by which we hope you will assist us to obtain support.

We are asking you to invite family, friends, work colleagues, parish members and others to join with you, and with us, to press for changes to racist policies.

Yours Sincerely,

Michele Harris

On behalf of ‘concerned Australians’

Concerned Australians flyer-petition RDA l

The National Aboriginal and Torres Strait Islander Ecumenical Commission (NATSIEC) urges Senators to vote against the Bill currently before them on Welfare Reform and Reinstatement of the Racial Discrimination Act.

Despite the Senate Committee Majority Report indicating support for the Bill the overwhelming majority of submissions to that inquiry showed there are serious concerns about the Bill.

NATSIEC does not support the idea that we should pass faulty legislation and hope to sort it out later. We must ensure that legislation is passed which ensures the rights of all Indigenous Peoples are fully protected immediately. The faults that are apparent in the proposed legislation should be addressed before it is passed in the Senate.

“Good legislation is one that is well thought out and well researched. There is enough evidence for the Government to get this legislation right now. Why do we always have to put up with bad policies and bad legislation?” said Graeme Mundine, Executive Secretary of NATSIEC.  

While the proposed Bill does provide better protection than is currently available under the NTER, it does not go far enough. As it stands the bill will not fully reinstate the Racial Discrimination Act and, as the Special Rapporteur for Indigenous Peoples found, Australia will continue to breach the UN Declaration on the Rights of Indigenous Peoples and will also contravene International Human Rights Conventions.

“This is not a choice between faulty legislation and no change. There is a third way -the Government can negotiate amendments to ensure the full reinstatement of the RDA and the full protection of the rights of Aborigines in the Northern Territory.

 I urge Senators to stand up for the rights of Aborigines and to negotiate improvements to the Bill before it is passed,” Mr Mundine concluded.

 For further comment: Graeme Mundine 0419 238 788