Mr Chairperson

Our statement challenges the undue attention given by the Commission to improving the procedures of the treaty bodies, and the corresponding loss of emphasis on application of the human rights treaties. We contend the so-called reviews are ways to defer meaningful implementation of the treaties.

Australia stands condemned as a racist government by the findings of the Committee on the Elimination of Racial Discrimination (CERD), the UN treaty body responsible for the International Convention on the Elimination of All Forms of Racial Discrimination.

In 1999 and 2000, the CERD committee concluded on three separate occasions that the government of Australia was guilty of racial discrimination against the Aboriginal Peoples and our ownership of traditional lands and resources.

Australia openly defies the decision of the treaty body. The government refuses to stop its manifest racism. The government steadfastly refuses to negotiate with Aboriginal Peoples. For five years the government has refused to submit reports or appear before CERD.

Australia asserted its ‘sovereignty’ as its right to discriminate against Aboriginal Peoples. Australia also intimidated CERD and its members for criticising its racial discrimination against the Aboriginal Peoples. The CERD rapporteur on Australia, a member from the US, was soon replaced by the United States government.

Since CERD’s findings the government of Australia has been to the forefront in the campaign for changes to the treaty body system.

Why is the Commission trying to change the way these treaty bodies operate, rather than requiring Commission members to comply with the human rights treaties?

Mr Chairperson

After five years of effort by Australia to intimidate CERD, the Committee has again examined the human rights report and confirmed Australia’s continuing racism against the Aboriginal Peoples and land rights.

Australia refuses to end its racist laws. Australia refuses to negotiate with the Aboriginal peoples. Australia refuses to issue open invitations to the ‘special procedures’ mandate holders of the Commission, and of the United Nations.

Yet Australia has no reservation in interfering in less-developed countries – toppling the Iraqi government in the name of democracy, sending military and police forces into the Solomon Islands, sending a police force into New Guinea, and challenging the validity of sovereign Pacific Island States.

All these bold interventions are undertaken while Australia absolutely oppresses the Aboriginal peoples.

Mr Chairperson

The government of Australia has a number of questions to answer while it remains as a member of this Commission.

Why does Australia refuse to comply with the Convention on the Elimination of All Forms of Racial Discrimination?

Why has Australia condemned and undermined the authority of CERD, and the Special Rapporteur on Racism, for their findings on systemic racism against the Aboriginal Peoples in Australia?

Why has Australia refused a request by CERD for first-hand examination of the situation in Australia?

Why has Australia refused to issue open invitations to the mandate holders, in accordance with the resolutions of the Commission?

In conclusion, Mr Chairperson, we again express our disappointment that more effort is not made by the Commission to advance the role and effectiveness of the treaty bodies.

We consider that the work on the Draft Declaration on the Rights of Indigenous Peoples would have been concluded many years ago if the Commission had paid more attention to the recognition of, and implementation of, the rights of Indigenous Peoples under the existing treaties.