|
NT intervention complaint sent to United Nations... again
ISSUE 184 - 21 Aug 2009
By Amy McQuire
ISSUE 184, August 20, 2009: A group of Aboriginal people have again taken their fight overseas, this time condemning the federal government for its deceit on its intervention consultations and Alice Springs town camp takeover in an updated complaint to the United Nations.
The complaint was first made to the UN Committee on the Elimination of Racial Discrimination (CERD) in January this year, alleging that the intervention was racially discriminatory and against Australia's international legal obligations.
CERD responded by sending an 'urgent action letter' to the Rudd government, asking it to report back on how it was consulting on a redesigned intervention, as well as its progress on reinstating the Racial Discrimination Act (RDA).
At the time the UN move was dubbed a "disguised but unmistakable attack" on racist government by Aboriginal leader Les Malezer. But only five months after the government received the letter, the updated complaint delivers a damning report on the ALP's progress.
Written on behalf of a group of Aboriginal people living in prescribed areas under the intervention, it says that the promised consultations had been limited and inadequate, that there had been "little progress" in drafting the redesigned intervention measures and that the Racial Discrimination Act (RDA) remains suspended.
It also mentions the Rudd government's compulsory acquisition of the Alice Springs town camp, saying that it is obvious the Commonwealth would have been unable to stage the move after the RDA is reinstated.
Minister for Indigenous Affairs Jenny Macklin earlier this month announced that 16 of the 18 town camps had signed up to 40-year land leases in exchange for $138 million in federal government funding.
But the lease deal is currently the subject of a federal court action led by Mt Nancy camp resident Barbara Shaw, also a signatory to the UN complaint.
The updated complaint also comes after a series of leaked documents, obtained by NIT, revealed that Macklin had accepted advice by her own department warning against formally consulting with Aboriginal people on the compulsory acquisition of their land because it would be too expensive and work against a government court case were one to arise when the RDA is reinstated.
Under the intervention legislation, the Commonwealth compulsorily acquired land for five years. The explosive revelations were also published in the midst of the town camp takeover threat.
The complaint says that this leaked advice "illustrated a lack of commitment to genuine consultation".
It instead "suggests that the consultation process was initiated in order to avoid any legal challenges to the Australian government's actions."
The complaint also condemns the consultations underway in the NT, saying it is limited and alleges that it is restricted to intervention supporters.
"...[The consultations] merely provide an opportunity to comment on a government discussion paper that outlines proposed changes to a limited number of the existing measures," the updated complaint says.
It alleges many leaders were not able to turn up to consultation meetings due to inadequate notice.
"It is not a genuine endeavour to create a new co-operative and negotiated approach to dealing with the problems that led to the intervention... when properly analysed, the current consultation is the antithesis of what is required for a 'special measure'."
The complaint also condemns Ms Macklin for her handling of the Alice Springs town camps, saying she had used the NT intervention laws to stage the takeover before the RDA was reinstated.
"...There can be little doubt that upon the reinstatement the Minister would not be able to take control of the town camps by exercising or threatening to exercise coercive power."
The group is being represented by human rights lawyer George Newhouse, Ron Merkel QC and Ben Schokman.
 
|