Oral Statement by Les Malezer, Foundation for Aboriginal and Islander Research Action

Mr Chairperson

We thank the report of the Special Representative of the Secretary General on human rights defenders. In particular, we note that the Special Representative identifies States in South America where human rights defenders have been targeted for their work on Indigenous and land rights.

We wish to add to this information by referring to the dismantling of the organisations and the leadership of the Aboriginal Peoples in Australia over recent years.

In 1998, the government changed the native title laws in Australia, so that it could re-appoint or dismiss the Aboriginal organisations responsible for defending Indigenous titles to land. Consequently, two of the bodies were de-commissioned and the remaining organisations were constrained in their budgets and intimidated from acting as advocates of indigenous rights.

Soon afterwards, the government began also to dismantle the Aboriginal and Torres Strait Islander Commission (ATSIC). At first some programs were diverted to government departments or elsewhere. Then the entire budget was transferred to government in 2003. Now, in 2005, the government has abolished ATSIC.

ATSIC had played a key role in the negotiation of the native title laws in 1993, and in opposing the government changes to these laws in 1998. ATSIC has been a highly successful body in negotiating with parliament over any likely changes to government statutes dealing with the rights of Indigenous Peoples.

Until its demise ATSIC has participated in the UN forums, many of them established by this Commission, examining the rights of Indigenous Peoples. ATSIC also supported many other Aboriginal organisations to participate in these forums.

Our concern lies not only with the dismissal of ATSIC, which comprised 400 elected representatives of Aboriginal peoples around the country, but also with the manipulation of the ATSIC grants program, leading to widespread sackings and job losses in community organisations and public services.

The government’s attempt to silence ATSIC extends to all other critics of the government’s racist policies and practices.

The Aboriginal legal services, for example, are now being forced to operate as mainstream services. Any Aboriginal organisation which is critical of government is likely to have its funding cut.

To conclude this intervention, I refer to the statement presented by Australia under agenda item 15. The government of Australia is clearly imposing a rigid and authoritative model of administration over Aboriginal people not seen since the time of forced relocation onto reserves.

There is not room in the government’s policies and programs for a ‘rights-based’ agenda. The advocates of human rights have been, and continue to be, steamrolled under a patronising, elitist and racist view of Aboriginal peoples and of Indigenous rights.

Mr Chairperson

We call upon the Special Representative of the Secretary-General on Human Rights Defenders to investigate the policies and practices of the government of Australia and their impact upon defenders of indigenous and land rights.

We urge the government of Australia to issue an open invitation to all of the special mechanisms.