CHR/TRPs STATEMENT

COMMISSION ON HUMAN RIGHTS

Fifty-fourth session

Item 23

Indigenous issues

ORAL STATEMENT OF THE TRANSNATIONAL RADICAL PARTY

delivered by Rod Towney

REPORT OF THE WORKING GROUP ESTABLISHED IN ACCORDANCE WITH COMMISSION ON HUMAN RIGHTS RESOLUTION 1995/32

Mr. Chairperson,

The Transnational Radical Party welcomes the opportunity to comment on the Report and proceedings of the Commission's Working Group which is considering the Declaration on the Rights of Indigenous Peoples. We have consulted widely amongst the Indigenous Peoples' representatives and are particularly greteful for their contribution to our understanding of their concerns. We acknowledge the significant contribution of our associated organisation the New South Wales Aboriginal land Council From Australia.

We welcome the adoption of 2 Articles of the Declaration in identical terms to the Sub-commissions text.

It is very encouraging that the report recognises the emerging consensus on a series of other Articles.

In particular we hightlight the degree of consensus on the application of the principle of self-determination, as reflected in the current Draft Declaration. It is obviouis that the right to self-determination be applied to Indigenous Peoples without discrimination.

We stress the importance of entering in to a meaningful dialogue on the principles, before trying to agree on text. The proposals by the CANZUS Group in relation to text was premature and runs the risk of impeding rather than accelerating progress.

Indigenous groups are concerned with the inclusion at the end of the Working Group's report of a series of Annexes containing detailed proposals in relation to amendments to the text of the Draft Declaration (which was adopted by the Sub-Commission).

The report states that the proposed amendments to the text, submitted by certain Governments contained in the annexures were submitted "for discussion at a future session of the Working Group". NSWALC and other groups represented at the 1997 Intersessional Working group are not aware that any such agreement was made, either formally or informally, during the 2 weeks of the Working Group meeting.

Most Indigenous groups consider that the annexure of these amendments gives a disproportionate emphasis to the views of a small group of countries, which apparently were not entering into the dialogue between governments and Indigenous Peoples in the same spirit as other delegations. NSWALC, along with other Indigenous groups consider that it was premature to be making concrete proposals on textual amendments before the discussions on principles were completed.

Mr. Chairman,

In many countries where Indigenous Peoples are located, Policy and legislative reform is occuring in responce to the demands of Indigenous Peoples to enjoy, without discirmination, the univesally recognised human rights and freedoms. Australia is an example of a country currently grappling with the legal, political and social implications of the impact of over 200 years of a dominant legal system which legally sanctioned dispossession and destruction of Indigenous societies. To Australia's great credit, it has over tha last 20 years begun to accept past errors and has intiated law reform programs and a recociliation process.

The Australian High Court has recently determined that the Austalian common law recognises pre-existing Indigenous rights to land. These decisions are consistent with the principles contained in the Draft Declaration on the Rights of Indigenous Peoples. However, the decisions are currently threatened by a political backlash which has led to proposals for legislative action which could erode Indigenous Peoples' Human Rights in Australia. These measures include the possibility of rolling back the provisions of Austalia's Race Descrimination Act. This sort of regressive measure would breach Australia's obligations under the Convention on the Elimination of All Forms of Discrimination.

Aboriginal people in Australia are losing faith in the integrity of the present political leadership of the governing parties at the federal level.

Unfortunately this political backsliding is being reflected in Australia's overall position on Human Rights and the rights of Indigenous Peoples in particular.

Mr. Chairman, we would like to reiterate our position that altrhought we have some concerns which we have outlined, we consider that progress is being made in relation to the Declaration of the Rights of Indigenous Peoples. We encourage Governments to engage in further dialogue and debate on the principles underlying the text so that when detailed technical proposals on the txt are being considered government and Indigenous Participants will be better informed in relation to the different perspectives.

Finally and very briefly Mr. Chairman, we would like to indicate our support for the proposal for the Commission to establish a group to consdier the details of a proposal for ECOSOC to crate a Permanent Forum for Indigenous Peoples.

We would also like to join other delegations who have raised concerns over the wide-ranging impact of the proposed OECD Multilateral Agreement on Investment. We suggest that the Human Rights implications of the proposed MAI be referred to the Sub-Commission at its next session so that the Commission can be fully informed in relation to the matter.

Thank you Mr. Chairman.