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Shadow Attorney-General George Brandis' reasons for opposing the UN Declaration on the Rights of Indigenous Peoples are "wrong", Indigenous law expert Megan Davis says. |
Brandis' UN Declaration claims "wrong", says Aboriginal law expert
Issue 148 - 06 Mar 2008
By Adam Gartrell
CANBERRA, March 11, 2008: The federal government has rejected opposition claims that Aboriginal law could be elevated above national law if Australia endorses the United Nations Declaration on the Rights of Indigenous Peoples.
Shadow Attorney-General George Brandis says he will ask his front bench to oppose the government's plans to endorse the declaration.
Senator Brandis, a barrister, says he believes endorsing the document could have unintended consequences and references to self-determination could give customary law precedence over state law.
Australia, under the Howard government, was one of just four countries to vote against the non-binding declaration - which sets out the rights of the world's estimated 370 million Indigenous people - in September last year.
The Rudd government has promised to endorse the declaration but has not said when.
Minister for Indigenous Affairs Jenny Macklin yesterday said the declaration had "important symbolic value" for Indigenous people but would have no effect on Australian law.
"Labor has already made it plain that we will not be changing any Australian laws in response to the UN declaration," Ms Macklin said.
Megan Davis, director of the Indigenous Law Centre at the University of NSW, said Senator Brandis' claims were completely baseless.
"It's just a completely incorrect reading of the declaration, and he really needs to seek legal advice because it's just specious reasoning," Ms Davis said.
"It's absolutely impossible that this declaration could allow Aboriginal customary law to be elevated above state law. It's just wrong."
She said the declaration clearly protected territorial integrity and sovereignty. - AAP
For more information on the UN Declaration on the Rights of Indigenous Peoples, please see the related links.
Related Links
http://www.nit.com.au/news/story.aspx?id=14303
http://www.nit.com.au/News/story.aspx?id=14162
http://www.nit.com.au/News/story.aspx?id=12817
 
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