This request for urgent action from NGO's, which appears to originate
from the Australian Council for Overseas Aid, comes as the Australian
Prime Minister, John Howard, prepares to finalise his and his
government's position on the relationship of native title rights and
pastoral leases. John Howard leaves for Asia on Wednesday, and has
declared that his position will be fixed by Easter.
Most leaders of Australia's States and Territories have campaigned
for the extingusihment of native title rights, and the National Party
(which is the junior partner in the Coalition government with the Liberal
Party) taking a particulary hard line. The National Party has farmers
as its tradtional base.
Any message encouraging the Prime Minister to accept the responsibility
to put the protection of the newly recognised (but long standing) rights
of Australia's First Peoples as the prime concern (in co-existence with
the rights of pastoral lease holder) should be sent now (monday and
tuesday).
The fax number for the Prime Minister is 61 6 271 5414. A copy should be
faxed to the Opposition Shadow Minister for Aboriginal Affairs,
Daryl Melham, on 61 6 2774476. The message below also request a copy.
Bruce Reyburn
24 March 1997
---------- Forwarded message ----------
Date: Sat, 22 Mar 1997 16:09:16 -0800 (PST)
From: karen nero <klnero@orion.oac.uci.edu>
Subject: URGENT ACTION (fwd)
PROTECTION FROM RACIAL DISCRIMINATION UNDER THREAT IN AUSTRALIA
I am writing to seek your help to prevent a significant watering-down by
the Australian Government of our laws protecting people from racial
discrimination.
The enclosed briefing papers tell the story. In short, the present
conservative Government has released proposals to amend the Native Title
Act, Australia's principal statute recognising the land rights of our
Indigenous people, so as to dramatically reduce those rights. The
Government is also considering extinguishing those native title rights
which have continued to exist on land under pastoral leases.
A consequential effect of these initiatives is that both Australia's
racially-tolerant outlook and our Racial Discrimination Act - the statute
giving expression to the International Convention on the Elimination of all
Forms of Racial Discrimination, (or CERD) - are under threat. New laws
which take away the property rights and other rights of only one race would
be unconscionable and inconsistent with CERD.
Unfortunately, the Australian media have given almost exclusive coverage to
the views of the conservative lobby. Public debate, such as it is, has very
much been tilted towards the side of those who want to see native title
rights greatly diminished, even extinguished, and the scope of the Racial
Discrimination Act significantly curtailed.
Indigenous people's representatives are asking international NGOs to send
urgent letters to the Prime Minister, John Howard, letting him and his
Ministers know that the international community is watching Australia at
this very telling time . Howard needs to be reminded that Australia
lowering its racial discrimination protections could set a disastrous
precedent for countries in Asia and the Pacific. Australia has always been
seen as having a comparatively good human rights record and this has been
very important for the region as a whole.
I would also very much appreciate it if you could make use of diplomatic
and other contacts within your country to put pressure on Mr Howard over
these issues. If you are able to send a letter, would you also please fax a
copy to me at the above fax number.
Yours sincerely,
Janet Hunt
BACKGROUND INFORMATION FOR NGOs
1. Last year, the Australian Federal Government released details of
proposed amendments to the Native Title Act 1993 (Cth), the principal
Australian statute dealing with land rights for Indigenous Australians.
Despite statements by the Government that, in amending the Native Title
Act, it will respect the principles of the Racial Discrimination Act 1975 -
our law giving expression to the International Convention on the
Elimination of all Forms of Racial Discrimination - many of those
amendments are in conflict with the provisions of or principles underlying
the Racial Discrimination Act. Examples include:
. Under the Native Title Act, native title claimants have a right to
negotiate over developments proposed on land subject to native title
claims. The right to negotiate is essential if Indigenous people are to
enjoy effective equality with non-Indigenous Australians. For the same
reason, the right is also necessary to ensure compliance with the
International Convention on the Elimination of all Forms of Racial
Discrimination (CERD). The Commonwealth Government proposes to amend the
Native Title Act so as to extend to a wide range of circumstances the power
of the Commonwealth Minister to remove the right to negotiate.
. The Commonwealth Government also proposes to amend the Native Title Act
to allow Commonwealth, State and Territory Ministers to intervene to allow
developments to go ahead on land subject to native title claims before the
right to negotiate can be fully exercised. This will create particular
difficulties for Indigenous peoples in those States and Territories with
governments which are more than usually hostile to native title rights.
. The Commonwealth Government proposes to make merely registering a native
title claim much more difficult, by introducing a new series of screening
measures over and above the usual test which applies in virtually all other
tribunals and courts in Australia. The new measures will have retrospective
effect.
. The combined effect of these and other proposed amendments would be to
greatly reduce the existing rights of one race of people, Indigenous
Australians, and to deny them effective equality with non-Indigenous
Australians.
2. Just before Christmas last year, the High Court of Australia handed
down its Wik decision, in which the majority held that the granting of a
pastoral lease will not necessarily extinguish native title over land.
Approximately fourty-two percent of Australia's land is subject to pastoral
leases, granted since British colonisation in 1788 by the State and
Territory Governments. Whether or not native title will have survived the
granting of a particular pastoral lease will depend primarily on the terms
of the Act under which the lease was granted. Many pastoral leases were
confined to rights to graze cattle, erect fences and the like on marginal,
ecologically-fragile and semi-arid land. It is in these remote parts of
Australia that many Indigenous communities have continued to exist and to
maintain their laws and cultures.
All except one of the seven State and Territory Governments in Australia
have called for Commonwealth legislation extinguishing native title on land
subject to pastoral leasehold. In other words, they want the Commonwealth
to legislate to extinguish the rights of one particular race. The peak
farmers' organisation, the National Farmers' Federation, has joined the
States and Territories in calling for extinguishment of native title on
pastoral lease land. The National Party, which is the minority party in our
coalition Government and which tends to represent rural interests, is also
strongly in favour of extinguishment.
Precisely what the Commonwealth Government will do in response to the Wik
decision is not yet clear. What is clear is that a number of options which,
directly or indirectly, would lead to a diminution in the protection
provided by the Racial Discrimination Act are very much under
consideration. Extinguishment in whatever guise will still be
extinguishment and will still be unconscionable. It will also be
inconsistent with the principles of the RDA and it will breach Australia's
obligations under CERD, the Universal Declaration and the ICCPR.
Please fax your letter to:
The Hon. John Howard,
Prime Minister of Australia,
Parliament House,
Canberra. ACT. 2600
Fax no: 61 6 271 5414
Possible Points for Letter
. The "racism" debate which took place in Australia last year focussed
considerable international attention on Australia and raised doubts in the
minds of some about its reputation for racial tolerance. The international
community is very much aware that the Parliament of Australia subsequently
passed a bipartisan resolution reaffirming the right of all Australians to
enjoy equal rights and to be treated with equal respect regardless of race,
colour, creed or origin. In moving this motion, your words were widely
reported: "It is in the national interest to send a clear and unambiguous
signal, particularly to the nations of our region, of the kind of society
we are."
. As a member of the international community with a profound commitment to
racial non-discrimination, I am aware of the unique opportunity currently
facing Australians following the decision of the High Court of Australia in
the Wik case.
. Any action in the future by your Government which takes existing rights
away from Indigenous Australians will reinforce doubts raised during the
racism debate and will, predictably, inhibit attempts by Australia to
continue to play an international role as a human rights broker. If
Australia lowers its racial discrimination protections, this will send a
negative message about human rights standards to less democratic
governments in our region. The consequences could be disastrous.
. The importance of countries having unassailable laws against racial
discrimination and of Parliaments being seen at all times to support those
laws unequivocally cannot be overstated. As with South Africa, the
international community has demonstrated by actions that it will not
tolerate rights being simply stripped from one race, for the benefit of
another race. When governments act in this manner, the resulting struggles
for racial equality and justice create lasting divisions and bitterness.
I am writing to urge you to seize the possibilities offered by the Wik
decision to strengthen the process of reconciliation in your country and to
embrace a future of true racial equality and co-existence.
________________________________________________
Australian Council For Overseas Aid (ACFOA)
Private Bag 3
Deakin ACT 2600
Australia
ph: + 61 6 285 1816
fax: + 61 6 285 1720
acfoa@peg.apc.org
________________________________________________