AIR Trust submission on FSSB Act Review

Click Here to download the AIR Trust submission on the Foreshore & Seabed Act Review – submitted on 19 May 2009.

Aboriginal responses to Australian government announcement

A media release ‘United we stand – Support for United Nations Indigenous Rights Declaration a watershed moment for Australia’, from Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma (Australian Human Rights Commission), is available here – and a Sydney Morning Herald article ‘Australia backs UN on indigenous rights’, with comment from Professor Mick Dodson, is available here.

Australian Government Statement on the UN DRIP

Hon Jenny Macklin MP
Minister for Families, Housing, Community Services and Indigenous Affairs
Parliament House, Canberra

3 April 2009

Today, Australia takes another important step in re-setting the relationship between Indigenous and non-Indigenous Australians and moving forward towards a new future.

Today, Australia joins the international community to affirm the aspirations of all Indigenous peoples.

We show our respect for Indigenous peoples.

We show our faith in a new era of relations between states and Indigenous peoples grounded in good faith, goodwill and mutual respect.

The work of drafting the United Nations Declaration on the Rights of Indigenous Peoples began in 1985.

The Declaration was more than twenty years in the making.

For the first time governments worked directly with Indigenous peoples to develop a significant human rights statement.

The decades of work culminated in a landmark document. A document that reflects and pays homage to the unique place of Indigenous peoples and their entitlement to all human rights as recognised in international law.

Indigenous Australians made a significant contribution to the development of the Declaration.

Today cannot pass without paying tribute to a number of Indigenous Australians whose leadership and efforts were central to the development of the Declaration.

Les Malezer, Chair of the International Indigenous Peoples’ Caucus and a recipient of the Australian Human Rights Medal.

Professor Lowitja O’Donoghue, former Australian of the Year and former Chairperson of the Aboriginal and Torres Strait Islander Commission.

Professor Mick Dodson, Australian of the Year, Member of the UN Permanent Forum on Indigenous Issues.

Tom Calma, the Aboriginal and Torres Strait Islander Social Justice Commissioner, and his predecessor, Dr Bill Jonas.

Megan Davis, Former United Nations Indigenous Fellow and Director of the Indigenous Law Centre.

And the many others – too many to name.

I’d also like to recognise the efforts of Indigenous NGOs.

It is a testament to the steadfast commitment of the United Nations Working Group that they stayed the course.

Driven by a common purpose to formally articulate international respect for the world’s Indigenous peoples.

On 17 September 2007, 143 nations voted in support of the Declaration. Australia was one of four countries that voted against the Declaration.

Today, Australia changes its position.

Today, Australia gives our support to the Declaration.

We do this in the spirit of re-setting the relationship between Indigenous and non-Indigenous Australians and building trust.

Last week an Aboriginal woman wrote to tell me she was moved to tears by Australia’s support of the Declaration.

She said that Australia’s support recognises our common humanity.

She wrote that “many of our old people, our elders and leaders, including the heads of our families and clans know that closing the gap is not just about bricks and mortar, it is about self esteem, pride, acceptance, and a recognition of the humanity of our peoples.”

The universal aspirations contained in the Declaration can help build understanding and trust.

This will take time. Relationships will be tested and will evolve.

The Declaration gives us new impetus to work together in trust and good faith to advance human rights and close the gap between Indigenous and non-Indigenous Australians.

The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit.

Article 1 of the Declaration states: “Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in international law.”

Entitlement to these rights underpins the important work of the Australian Human Rights Commission.

And with solemn reflection on our history and the failed policies of the past, we acknowledge Articles 8 and 10 – I quote:

Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

And I quote again:

Indigenous peoples shall not be forcibly removed from their lands or territories.

Today Australia takes another important step to make sure that the flawed policies of the past will never be re-visited.

The Declaration is historic and aspirational.

While it is non-binding and does not affect existing Australian law, it sets important international principles for nations to aspire to.

Australia’s existing obligations under international human rights treaties are mirrored in the Declaration’s fundamental principles.

The Declaration needs to be considered in its totality – each provision as part of the whole.

Through the Article on self-determination, the Declaration recognises the entitlement of Indigenous peoples to have control over their destiny and to be treated respectfully.

Article 46 makes it clear that the Declaration cannot be used to impair Australia’s territorial integrity or political unity.

We want Indigenous peoples to participate fully in Australia’s democracy.

Australia’s Indigenous peoples must be able to realise their full potential in Australian and international affairs.

We support Indigenous peoples’ aspiration to develop a level of economic independence so they can manage their own affairs and maintain their strong culture and identity.

Australia is a longstanding party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and supports their aims and principles.

We also respect the desire, both past and present, of Indigenous peoples to maintain and strengthen their distinctive spiritual relationship with land and waters.

The Indigenous land rights movement has a proud place in Australia’s history with a range of State and Territory and Federal laws recognising traditional ownership. For example, the federal Native Title Act 1993 provides statutory recognition for common law rights of native title following the historic High Court Mabo decision.

Australia’s laws concerning land rights and native title are not altered by our support of the Declaration.

Indigenous peoples now own or manage nearly 20 per cent of the Australian continent – amounting to over 1.5 million square kilometres.

Around half the Northern Territory is now owned by Aboriginal people under Australian legislation and cannot be sold.

Where possible, the Australian Government encourages land use and ownership issues to be resolved through mediation and negotiation rather than litigation.

The ownership and management of land gives Indigenous Australians the capacity to forge new partnerships and pursue economic development.

And to further the social, cultural and economic aims of Indigenous peoples, the Indigenous Land Fund will continue to be used to purchase freehold land – building on a range of other government programs to work with Indigenous Australians in managing natural resources.

The Declaration recognises the basic, fundamental truth that Indigenous peoples and individuals are equal to all other peoples and individuals. They should be able to live their lives free from prejudice and harmful discrimination.

The fundamental prohibition against racial discrimination is legally and internationally enshrined in the Convention on the Elimination of Racial Discrimination.

The Government has announced that it will introduce legislation to lift the suspension of the Racial Discrimination Act in the Northern Territory.

And we are working to tackle prejudice through education and awareness.

Article 7 of the Declaration recognises that Indigenous peoples have the right to lives that are safe, secure and free from intimidation and violence.

And it is their collective right to live in freedom, peace and security.

Article 22 of the Declaration also acknowledges that particular attention is needed for vulnerable people including elders, women, youth, children and people with disability.

Inherent in the Declaration is the basic right of women and children to safe and healthy lives.

These rights are given force in the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women.

We have set ambitious targets for closing the gap and are implementing sweeping policy reforms to tackle entrenched problems.

We want Indigenous peoples to be our partners in closing the gap. Indigenous peoples must have the opportunity to develop and drive solutions if we, as a nation are to achieve real, lasting change.

The right of Indigenous peoples to improve their economic and social conditions, in the areas of education, employment, housing and health is central to achieving this.

All Australians have an equal right to the basic building blocks of economic and social prosperity – healthy living, a decent house, the skills and training to get a job.

Indigenous children must have the opportunity to have the same quality of education as other Australian children.

And we are mindful of the importance of enhancing respect for Indigenous cultures through this education.

We want all Australians to participate fully and freely in our democratic processes.

While there is continuing international debate about the meaning of ‘free, prior and informed consent’, we will consider any future interpretations in accordance with Article 46.

We recognise how important it is for Indigenous Australians to have a voice, and a means to express it.

As parents in their children’s health and education.

As the people with the greatest stake in closing the gap; as the people essential to driving lasting change.

We need to find more ways of hearing Indigenous voices:

• Through the establishment of a national representative body to give Indigenous people a voice in national affairs – being led by the Aboriginal and Torres Strait Islander Social Justice Commissioner.
• Through public consultation on key policy decisions.
• Through our support for Indigenous leadership.
• And through our support for progress towards constitutional recognition.

We look forward to continuing our work at international levels to promote the human rights of Indigenous peoples.

And we welcome the UN Special Rapporteur for Indigenous peoples, Professor James Anaya, in his visit to Australia later this year.

Today we celebrate the great privilege all Australians have to live alongside the custodians of the oldest continuing cultures in human history.

We recognise the right of Indigenous Australians to practise, revitalise and sustain their cultural, religious and spiritual traditions and customs.

We celebrate the vital positive contribution of Indigenous culture to Australia.

And we honour Indigenous Australians who so generously share their culture, knowledge and traditions.

We pay tribute to them, to their ancestors and the generations to come.

In supporting the Declaration, Australia today takes another important step towards re-setting relations between Indigenous and non-Indigenous Australians.

Working together to close the gap.

Overcoming the legacy of the past and shaping the future together. – http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/un_declaration_03apr09.htm

UN Experts welcome Australia’s endorsement of United Nations Declaration on the Rights of Indigenous Peoples

UNOG

3 April 2009

Representatives of the three United Nations mechanisms with a specific mandate regarding the rights of indigenous peoples welcomed that Australia today joined the ranks of States endorsing the United Nations Declaration on the Rights of Indigenous Peoples.

The United Nations Special Rapporteur on the human rights situation and fundamental freedoms of indigenous people, James Anaya, the Chairperson-Rapporteur of the United Nations Expert Mechanism of the Rights of Indigenous Peoples, John Henriksen, and the Chairperson of the United Nations Permanent Forum on Indigenous Issues, Victoria Tauli-Corpuz issued the following joint statement welcoming Australia’s support to the United Nations Declaration on the Rights of Indigenous Peoples:

The Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly by an overwhelming majority of Member States in September 2007, with only four States voting against. We are pleased that Australia, as one of the four States originally voting against the adoption of the Declaration, today joins the ranks of States supporting the principles and rights enshrined in the Declaration.

The rights recognized in the Declaration constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world. The Government of Australia’s endorsement of the Declaration is of crucial importance as it strengthens the international consensus on indigenous peoples rights. The main challenge for Member States is to ensure that the Declaration is implemented at national and regional levels, in consultation and cooperation with indigenous peoples, including through the adoption of appropriate policies and legislation. We all stand ready to contribute to the operationalization of the Declaration within our respective mandates.

- http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/FB729D0698AAD2A0C125758D004DC096?OpenDocument

Petition Presented

On 10 December 2008, the 60th Anniversary of the adoption at the United Nations of the Universal Declaration on Human Rights, a petition signed by more than 1,300 citizens was presented to NZ parliamentarians Keith Locke (Green Party) and Te Ururoa Flavell (Maori Party).The petition called on the NZ government to follow Australia and Canada by changing their position on the Declaration on the Rights of Indigenous Peoples.

AIR Trust member Claire Charters spoke after the two MPs responded to Peace Movement Aotearoa representatives who presented the petition.

More information available here.

DVD Launched

WHEN Wellington law lecturer Claire Charters asked her students which country boasts the best legal rights for indigenous people, they all thought it was New Zealand.

They were wrong.  New Zealand is one of only three countries to have refused to sign a 2007 UN Declaration guaranteeing these legal rights.

Ms Charters, (Nga Puhi, Ngati Tuwharetoa), is part of a group which hopes to right such misconceptions.

The organisation, the Aotearoa Indigenous Rights Trust (ART), has just released a DVD which encourages Maori to use the United Nations to uphold all their human rights, and shows how many other indigenous peoples are doing the same thing.

An Introduction to Maori and the United Nations uses original footage of UN meetings and interviews with indigenous representatives to tell the 20-year story of the UN Declaration on the Rights of Indigenous Peoples.

For the full DVD Launch story: CLICK HERE

DVD Launch

The NZ Centre for Public Law and the Aotearoa Indigenous Rights Trust
invite you and your crew to join us for the launch of the DVD

‘An introduction to Maori and the United Nations’

This DVD has been created by the Aotearoa Indigenous Rights Trust to provide Maori with information about the UN, the history of indigenous peoples’ participation in the UN, as well as explanations as to how Maori can use the UN to promote and protect their rights. The DVD uses original footage of UN meetings, interviews with indigenous peoples including Maori who have participated in the UN as well as UN personnel who work in this area.

5.30pm to 7pm, Friday, 21 November 2008

Salmond Room, Government Buildings, Pipitea Campus
15 Lambton Quay, Wellington

For catering purposes, please RSVP by Monday, 17 November, to email aotearoaindigenousrightstrust@gmail.com

A formatted copy of the launch invitation, with details of other NZ Centre for Public Law events, is available here.

Event Media Releases: Te Reo Maori – English

Sample Chapter: here.

Unburdening future generations

Unburdening future generations
5:00AM Monday October 08, 2007
By Rawiri Taonui

The Declaration on the Rights of Indigenous Peoples, passed recently by an overwhelming majority of 143-4 at the United Nations General Assembly, is a far-reaching statement on human rights.

The document’s 45 articles set out the rights of 400 million indigenous people in 70 countries to their self-determination, cultures, traditions, languages, institutions, world views and life ways.

It calls on states to prevent and redress theft of land and natural
resources and forced assimilation, while establishing minimal standards to eliminate racism, discrimination, marginalisation and exploitation that inhibits their development.

Indigenous communities constitute a special category of peoples descending from the earliest occupants of a region who suffered under colonisation.

Some, as in New Zealand, Australia, Canada and the US, exist as minorities.

Others have achieved sovereign independence.

They are among the most disadvantaged and vulnerable people in the world today. Almost all have endured loss of sovereignty and land, and forced assimilation.

Others experienced forced, mass migration. Many have been wiped out. Some remain in danger of extinction. Governments routinely violate their rights. Indigenes have consistently resisted oppression. Their modern advocacy has its origins when colonised people, witnessing the immense destruction and violence of World Wars I and II, began questioning notions that European civilisations were superior. A wave of anti-colonial and nationalist movements sprang up.

Gains were made, firstly under the UN International Labour Organisation Conventions 107 and 169, and then when the Working Group on Indigenous Peoples was formed in 1982. Maori were involved at the outset. The group produced a first draft of the declaration in 1993. The now defunct UN Commission on Human Rights redrafted that annually. A reconstituted and more effective UN Human Rights Council adopted a formal draft in 2006. Last month’s passage affirmed that process. One of the reasons the declaration took so long to formulate was that Canada, Australia, New Zealand and the US have consistently impeded its progress, something the indigenous community has widely condemned.

This Canzus group claims to be acting in the interests of indigenous peoples, yet none of the four properly consulted the indigenous people they claimed to represent. New Zealand facilitated six meetings over 20 years and then only with interested individuals.

Canzus also argued the declaration was fundamentally incompatible with
democracy. This ignores the fact that current constitutional arrangements were originally imposed and that while equality under democracy is an admirable goal, the reality is that historically, mono-cultural democracies in pluri-cultural contexts have always favoured dominant groups and have disadvantaged minorities.

New Zealand said the declaration created special rights for Maori in a
manner unfair to other citizens and was inconsistent with the principles and protection afforded to Maori under the Treaty of Waitangi. The Crown forgets that it created different classes when it treated Maori as second-class citizens and cleared them off their lands and suppressed their culture and language. Maori weren’t accepted as equal. They were an underclass.

And, while the Treaty does afford Maori some protection, for the most part the Crown unilaterally decides Treaty policy.

The UN declaration provides balance by delineating a baseline of rights for all indigenous peoples. This is one root of the opposition from New Zealand, Canada, Australia and the US. These countries have baggage. They don’t want further examination of colonial or current injustices. Canzus also objected to articles affirming indigenous people’s rights to political self-determination; economic development of original traditional lands and natural resources; and free, prior, and informed consent before those rights are impeded upon – as separatist and threatening to lands now legally owned by others.

Never mind that this doesn’t acknowledge that most non-Maori, lawfully-owned land derives from an initial theft, and that the four governments fail to appreciate that empowering indigenous peoples to help themselves is the best way forward.

The stance is duplicitous because the declaration clearly recognises that much lost land will never be returned.

Herein lies a second rub. The declaration urges land be returned where
possible, but where that is not feasible it recommends compensation at full value. The real issue is that New Zealand has forced Maori to accept very much less, usually one to two per cent of losses. The Crown does not want to admit that New Zealand’s restitutive processes and standards are sometimes lacking.

The declaration is helpful because it reminds us to focus on full justice lest we encourage a greater sense of injustice that will burden future generations. And, there are implications for the future. The declaration allows claims on loss of identity and culture. At some time in the future, it will lead to the forming of a long overdue international tribunal on indigenous claims.

This will have implications for how we interpret and apply the Treaty. The document will remain, but in future we will be more honest about the past.

The gang of four governments will cease to dictate the falsehood that
colonisation occurred by free and intelligent cession of sovereignty.
Indigenes will be equal, Maori more self-determining and greater
compensation due.

Canzus is a backward coalition. It is time we joined the rest of the world.

* Dr Taonui is head of school of Maori and indigenous studies and Kaiarahi (joint Maori adviser) College of Arts, University of Canterbury

NZ accedes to convention to promote cultural expression

Less than one month after NZ voted against the adoption of the UN Declaration on the Rights of Indigenous Peoples, the Prime Minister announced NZ’s accession to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. 

“This Convention complements and supports New Zealand’s existing policies around the freedom of cultural expression. It will provide valuable opportunities for regional and global leadership in this important area. “Its intention is to create an environment where diversity of cultural expression can flourish. It also recognises the need for states to take appropriate measures to protect and promote the diversity of cultural expressions,” Helen Clark said. “Approximately 67 countries have acceded to the convention so far, including most European states, Canada, China, India and several African, Asian and South American nations including Brazil, Chile, South Africa, and Mexico. “Convention members are encouraged to develop voluntary provisions for national action and international co-operation,” Helen Clark said.  

Full copy of Press Release

Full copy of the Convention

The focus of this Convention is on diversity of cultural expressions and equality across all cultures, and as such it offers some but minimal assistance to Maori. So much for waiting for the Tribunal’s Report on Wai262.  The Convention comprises objectives and guiding principles.

The objectives of this Convention are:

(a) to protect and promote the diversity of cultural expressions;

(b) to create the conditions for cultures to flourish and to freely interact in a mutually beneficial manner;

(c) to encourage dialogue among cultures with a view to ensuring wider and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace;

(d) to foster interculturality in order to develop cultural interaction in the spirit of building bridges among peoples;

(e) to promote respect for the diversity of cultural expressions and raise awareness of its value at the local, national and international levels;

(f) to reaffirm the importance of the link between culture and development for all countries, particularly for developing countries, and to support actions undertaken nationally and internationally to secure recognition of the true value of this link;

(g) to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning;

(h) to reaffirm the sovereign rights of States to maintain, adopt and implement policies and measures that they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory;

(i) to strengthen international cooperation and solidarity in a spirit of partnership with a view, in particular, to enhancing the capacities of developing countries in order to protect and promote the diversity of cultural expressions.

Included in the list of eight guiding Principles is:

3. Principle of equal dignity of and respect for all cultures

The protection and promotion of the diversity of cultural expressions presuppose the recognition of equal dignity of and respect for all cultures, including the cultures of persons belonging to minorities and indigenous peoples

and, included in the Preamble is the following statement:

Taking into account the importance of the vitality of cultures, including for persons belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions and to have access thereto, so as to benefit them for their own development.

 

Hello world!

Welcome to the new look AIR Trust website. Hopefully this will be easily updated by the Working Group and provide space for visitors to comment.