Tuesday 4 August 2009

In August 2009 the UN Committee on the Elimination of Racial Discrimination meets in Geneva - where to now Australia?


From a 30 July 2009 media release:

The Committee on the Elimination of Racial Discrimination will hold its seventy-fifth session at the Palais Wilson in Geneva from 3 to 28 August 2009 to review anti-discrimination efforts undertaken by the Governments of Peru, United Arab Emirates, Poland, China, Greece, Azerbaijan, Colombia, Chile, Chad, the Philippines and Ethiopia.

These countries are among the 173 States parties to the International Convention on the Elimination of all Forms of Racial Discrimination. The 18-member Committee, the first body created by the United Nations to review actions by States to fulfil obligations under a specific human rights treaty, examines reports submitted periodically by States parties on efforts to comply with the Convention. Government representatives generally present the report, discuss its contents with Committee members, and answer questions. In addition, the Committee will consider a number of situations under its Early Warning and Urgent Action Procedure.

During the course of the four-week session, the Committee will continue its consideration of a draft general recommendation on special measures (i.e. measures to secure adequate advancement of certain racial or ethnic groups or individuals to ensure their equal enjoyment or exercise of human rights and fundamental freedoms; sometimes known as "affirmative action"). It will examine individual communications of violations of the Convention (in closed session), and consider follow-up information submitted by States parties in relation to the observations and recommendations of the Committee. In accordance with a decision taken at its seventy-third session, the Committee will also consider matters related to the Universal Periodic Review of the Human Rights Council. In addition, it will discuss possible follow up to the Durban Review Conference (held in Geneva in April 2009).


There was a request for urgent action lodged with this Committee in January 2009 concerning the actions taken under Commonwealth Northern Territory Emergency Response (Intervention) legislation.

As the UN Committee on the Elimination of Racial Discrimination had handed down a determination in 2005 expressing concern over the lack any entrenched guarantee against racial discrimination in this country, in 2008 requested that Australia comply with its outstanding reporting obligations and, in May 2009 the UN Special Rapporteur's Report on Mission to Australia appeared to still be expressing concerns over matters covered by the Intervention and indigenous standards of living generally, it can hardly be impressed with the continuing suspension of the Commonwealth Racial Discrimination Act in order to enforce income management and acquisition of leasehold rights over certain indigenous lands.


On February 25, 2009 the Australian Ambassador to the United Nations in Geneva met with the Committee on the Elimination of Racial Discrimination (CERD) to assure the Committee that the Australian Government was taking the steps to comply with its human rights obligations under international law.
According to the letter sent to the Ambassador by CERD on 13 March 2009, the Australian Mission had assured the Committee that the government was undertaking consultations with the Aboriginal communities in the Northern Territory to reinstate, and provide consistency with, the Racial Discrimination Act (RDA).
CERD has asked the government to report again by July 31 2009 on the progress
being made by the government in redesigning service delivery in consultation with the communities.
However, on March 25, 2009 the Minister received advice from the department that consultations with communities should be managed to meet pre-determined government outcomes.

All in all CERD's closed sessions should be interesting to say the least, as it does not appear that in 2009 the Rudd Government intends to fully comply with its undertakings under the UN International Convention on the Elimination of All Forms of Racial Discrimination nor those set out in the recently endorsed UN Declaration on the Rights of Indigenous Peoples and therefore might be considered in breach of its obligations.

As in May 2009 another UN body the Committee on Economic, Social and Cultural Rights also called on Australia to lift its game in relation to the rights of indigenous Australians, one has to wonder what on earth the Rudd Government thinks it is doing post-Apology.

Transcript of UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 42TH SESSION AUSTRALIA, 4TH REPORT 5 AND 6 MAY 2009

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