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The United Nations General Assembly last night voted to adopt the landmark UN Declaration on the Rights of Indigenous Peoples, after over two decades of negotiation. |
Passing of UN Declaration after two decades a "milestone": Calma
Issue 137 - 06 Sep 2007
By Amy McQuire
NATIONAL, September 14, 2007: The passing of the landmark United Nations Declaration on the Rights of Indigenous Peoples, which had been in draft form for over two decades, is a "milestone" for Indigenous peoples around the world, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said this morning.
The Declaration, which outlines how the world's estimated 370 million Indigenous peoples should be treated by their respective governments, was adopted last night after 143 member states (countries) voted in favour of an amended version of the draft put forth by the African Group (51 African countries).
Although the Declaration is not legally binding on Australia, it sets international benchmarks on how Indigenous people should be treated by their governments and recognises their human rights in international law.
The document was widely expected to be ratified last October after it was adopted by the UN Human Rights Council, but was delayed after African nations joined countries such as Australia, Canada, United States and New Zealand in raising concerns over the draft.
Nine amendments, five deletions and four additions were made to the original text of the Declaration and were then approved by a number of Indigenous representatives from around the world, before going back before the General Assembly yesterday.
Mr Calma said today that the final draft of the Declaration enjoyed broad support from the Global Indigenous Caucus (the UN's Indigenous representative group) and that the near unanimous vote it attracted among member states gave weight to its importance.
"[Yesterday's] decision is a milestone for the world's Indigenous peoples and for the United Nations," Mr Calma said.
"... That a Declaration of such controversy has achieved near universal support at the General Assembly is testament to its importance and appropriateness.
"We should remember that such enduring human rights documents as the Universal Declaration on Human Rights did not receive this level of support at the time that they were adopted by the General Assembly."
But Mr Calma was less enamoured by Australia's decision to vote against the Declaration.
"However, it is a matter of great regret that Australia and three other nations have opposed the Declaration, particularly given that Australia had indicated its support for the vast majority of the Declaration's provisions during the negotiations of the text," Mr Calma said.
Minister for Indigenous Affairs, Mal Brough earlier this week said the government's decision to go against the Declaration was justified because the draft was "unworkable" and "divisive".
But Mr Calma said today the Australian government's excuse was unfounded.
"The Australian Government's reasoning for opposing the Declaration had no sound base and does not interpret the Declaration consistently with international law," Mr Calma said.
"In fact, their arguments had been roundly condemned by other Indigenous peoples and other governments in the negotiations of the Declaration in recent years."
Mr Calma's criticisms were today backed by prominent Aboriginal leader Michael Mansell, who said that Australia's decision to vote against the Declaration was "further evidence of the federal government policy of destruction of Aboriginal culture".
Mr Mansell hit out at Mr Brough, saying that the government was only interested in preserving the "one law, one people" mantra.
"For Mr Brough to claim there is only one law indicates his government's obsession with the institutions of white people and total disregard for the institutions of Aboriginal people," Mr Mansell said.
Labor Senator Trish Crossin said Australia's decision to vote against the Declaration showed the contempt the Howard government had for wider Indigenous rights, especially considering the current political climate.
"Coming at a sensitive time as the Government introduces its sweeping changes in Northern Territory Indigenous communities, it epitomises their heavy handed, top down approach to Indigenous affairs," Senator Crossin said.
"Unfortunately, it is now more than ever that Indigenous People in the Northern Territory need the protection of the guiding principles that this Declaration contains."
Mr Calma added: "It also acknowledges that without recognising the collective rights of Indigenous peoples and ensuring protection of our cultures, Indigenous people can never truly be free and equal."
The Declaration was adopted during what is now the second International Decade for the World's Indigenous Peoples.
For more information on the Declaration, please see the related links.
Related Links
http://www.nit.com.au/news/story.aspx?id=12671
http://www.nit.com.au/story.aspx?id=12693
http://www.nit.com.au/News/story.aspx?id=8794
 
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