29 July 2000
Statement by the Aboriginal and Torres Strait Islander Social Justice Commissioner Dr Bill Jonas
Consideration
of Australia's Third and Fourth Periodic Reports under the ICCPR
by the Human Rights Committee, Geneva
On the 21st and 22nd July, the Human Rights Committee considered Australia's third and fourth periodic reports under the International Covenant on Civil and Political Rights.
The Human Rights Committee's observations show that a constructive dialogue has taken place, and this is the purpose of the exercise. The Committee seeks to assist Australia meet its obligations under a treaty to which Australia is a voluntary party. In other words, it seeks to assist the Australian government meet its obligations to Australians.
As a party to the treaty Australia cannot rely on our Federal system of government as an excuse to allow States and Territories to breach the Covenant. Further, Australia should not use federation, and the co-ordination of States and territories as an excuse for taking 10 years to submit its periodic reports.
The Committee noted that there are still areas in which Australia's domestic legal system does not provide an effective remedy to persons whose rights under the Covenant have been violated.
One of the fundamental principles of the Committee's findings is that remedies for harms done to the human rights of Indigenous people must take into account the deep and enduring social and economic disadvantage suffered by Indigenous people.
It is in the interests of all Australians that government demonstrates compliance and good will with respect to human rights. We must set a good example if we are to retain our profile as a good international citizen.
In its findings the Committee has noted that:
- An essential element
of the voluntary obligations under the Covenant is the domestic implementation
of the principles and the provision of remedies for breaches of the
human rights contained in the Covenant.
- Legislation regarding
mandatory sentencing in Western Australia and the Northern Territory
raises serious issues of compliance with various articles in the Covenant
and the Committee has urged Australia "to reassess the legislation regarding
mandatory imprisonment so as to ensure that all Covenant rights are
respected." The Committee was particularly concerned that mandatory
sentencing seems to be inconsistent with strategies adopted by Australia
to reduce the over-representation of Indigenous people in the criminal
justice system.
- The Committee
has recommended that Australia take further steps in order to protect
the rights of Indigenous Australians, including "amending anew the Native
Title Act", enacting adequate protection of heritage and protecting
culture and heritage in the face of economic development.
- The Committee
also recommended that Australia intensifies its efforts to achieve a
proper remedy for victims of the policies of removing Aboriginal children
from their families.
- Mandatory detention of "unlawful non-citizens" including asylum seekers, and the treatment of these people in detention, including failure to inform then of their legal rights, also raised concerns for the Committee.
For information please contact Janine MacDonald on 0412 783 631
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