The Sydney Morning Herald
http://www.smh.com.au/news/9903/13/text/national11.html

UN grills Coalition over racial complaints

Date: 13/03/99

By DEBRA JOPSON and SIMON MANN

Australia has been forced to explain its Aboriginal policies to a 
high-level United Nations committee which includes the eminent Dutch 
lawyer who devised globally respected guidelines saying nations must 
apologise for past wrongs.  

During a Geneva grilling over why Aborigines are complaining about 
its behaviour, a Federal Government representative faced Professor 
Theodoor van Boven, a member of the 18-member UN Committee for the 
Elimination of Racial Discrimination (CERD).  

Australian human rights sources said Professor van Boven, whose 
principles are quoted in the Human Rights Commission's Bringing Them 
Home report as guidelines for dealing with the "stolen children", was 
likely to harden the committee's position.  

Another member, Professor Rudiger Wolfrum of Germany, has already 
said the situation in Australia has deteriorated since 1994 when the 
committee praised our performance.  

Ours is the first Western Government to be asked to explain its 
racial policies under CERD's early warning and urgent action 
procedures.  

"We want to know whether or not their amendments to the Native Title 
Act are in accord with their obligations under the race convention," 
the committee's rapporteur for Australia, Ms Gay McDougall, told ABC 
Radio.  

There are also questions about why the Government took 14 months to 
appoint a new Aboriginal Social Justice Commissioner after Mr Mick 
Dodson quit. His replacement, Dr Bill Jonas, has just been announced. 
 

The deputy general counsel from the Attorney-General's Department, Mr 
Robert Orr, a native title specialist, was due to argue before the 
committee that the Wik legislation was not discriminatory.  

The Attorney-General, Mr Williams, said in a statement yesterday that 
the Government took its international obligations seriously. Its co-
operation with the UN was further evidence of "Australia's well 
deserved reputation for protecting and promoting the human rights of 
all people".  

The committee has been deluged with submissions, including the first 
that Amnesty International has ever lodged with the UN criticising 
Australia.  

Aboriginal leaders including Mr Mick Dodson, Mr Geoff Clark and Mr 
Les Malezer spent yesterday putting their views to an informal 
meeting of the committee.  

Australians for Native Title and Reconciliation (ANTAR) has told the 
committee that the Wik act breached four articles of an international 
treaty against race discrimination which Australia has signed.  

The Aboriginal and Torres Strait Islander Commission (ATSIC) said the 
Wik changes had punished indigenous Australians and were without 
doubt "racially discriminatory", citing Aboriginal deaths in custody, 
health, housing, education, employment and criminal justice.  

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