29 November 2006
Declaration on the Rights of Indigenous Peoples
Statement by Aboriginal and Torres Strait Islander
Social Justice Commissioner Tom Calma
Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma today expressed his disappointment at the decision of the United Nations General Assembly to delay consideration of the Declaration on the Rights of Indigenous Peoples for up to 12 months.
The decision, made by the Third Committee of the General Assembly on 28 November, states that the General Assembly will "defer consideration and action on the United Nations Declaration on the Rights of Indigenous Peoples to allow time for further consultations". Furthermore, it also decided that the General Assembly would "conclude consideration of the Declaration before the end of (the General Assembly"s) sixty-first session".
This decision follows the approval of the Declaration by the United Nations Human Rights Council in June 2006. It also comes after 24 years of negotiations on the Declaration, including a working group of governments and indigenous representatives for the past 11 years.
In introducing the resolution, the representative of Namibia said that some provisions of the Declaration ran counter to the national constitutions of a number of African countries and that the Declaration was of such critical importance that it was only "fair and reasonable" to defer its adoption by the Assembly to allow for more consultations. The Australian Government also supported delaying adoption of the Declaration.
Commissioner Calma said: "It is frustrating that countries such as Namibia have raised concerns about the Declaration that have been debated ad nauseum in the working group negotiations over the past decade (Namibia chose not to participate in those negotiations)."
"I am concerned that the Declaration has been stalled on the basis of arguments that have been roundly rejected by Indigenous peoples over 11 years of negotiations. For example, Indigenous delegations have previously stated that any recognition of a right to self-determination in the Declaration should be done in accordance with international law and pose no threat to the territorial integrity of nation states. There is a triple guarantee of this in the Declaration."
Commissioner Calma called on all governments, especially Australia, to ensure that any further discussions on the Declaration are conducted with the full participation of Indigenous peoples.
"Let us remember that we are currently in the second International Decade for the World"s Indigenous People. The resolution adopting the Decade was adopted unanimously and is based on a theme of partnership with Indigenous peoples. The Program of Action for the Decade also recognises the status of Indigenous peoples as "peoples" in international law - again, something that was adopted by general consensus," Mr Calma said.
"Given this recognition, it would be inconceivable and completely inappropriate for any future discussions on the Declaration to exclude Indigenous peoples."
"I also call on the Australian Government to actively engage with Indigenous peoples in Australia in relation to the Declaration. We know that the majority of the Declaration is supported by our government - as they joined in the consensus agreement on over two thirds of the Declaration"s provisions in the final session of the working group negotiations earlier this year."
"However, the Australian Government"s objections to the Declaration need to be laid out publicly - article by article - so they can be debated with Indigenous peoples and tested against Australia"s existing international human rights obligations."
For further information on the decision of the General Assembly see: www.un.org/News/Press/docs/2006/gashc3878.doc.htm
For information on the Declaration see: www.ipcaucus.net
Media contact: Paul Oliver on (02) 9284 9880 or 0408 469 347
Last updated January 31, 2008
