United Nations
Economic and Social Council
Commission on Human Rights
61st Session
14 March – 22 April 2005


Item 7: Right to Development

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


Mr Chairperson

The right to development has particular application to Indigenous Peoples.

The right to development is a collective as well as an individual right. We point out the United Kingdom continues to oppose collective rights for Indigenous Peoples in the Draft Declaration on the Rights of Indigenous Peoples, yet the Declaration on the Right to Development clearly states in Article 4 that the right to development is
  • an inalienable human right by virtue of which every human person and all peoples [sic] are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.

We also emphasise that the right to development is an essential component of Land Rights and the right to Self Determination.

We therefore strongly agree with the Conclusion of the Working Group on the Right to Development (E/CN.4/2005/25) that ‘development’ has to be grounded in economic policies that foster growth with social justice, in response to calls for empowerment, more ownership and more sustainability in development efforts.

Mr Chairperson

We make the following four recommendations:

  1. We strongly support that the Working Group on the Right to Development be continued to ensure the interests in Indigenous Peoples are given detailed and adequate attention and consideration.
  2. The future sessions of the Working Group should take account of the outcomes of the next session of the Permanent Forum on Indigenous Issues which will be examining the Millenium Development Goals as they relate to Indigenous Peoples.
  3. We strongly support the workshop, as recommended by the Sub-Commission, on Indigenous Peoples and Sovereignty Over Natural Resources, and that the outcomes of this workshop also be given consideration by the Working Group; and
  4. The Draft Declaration on the Rights of Indigenous Peoples be quickly and successfully concluded to provide adequate promotion and protection of the rights of Indigenous Peoples, particularly the right to economic, social, cultural and political development

Mr Chairperson

We condemn the actions of the government of Australia and the government of New Zealand which have both passed laws to extinguish Indigenous title over territories and resources and thus curtail the rights to development. These actions have been criticised as racial discrimination by the Committee on the Elimination of Racial Discrimination.

In Australia, Aboriginal Peoples hold title to lands which are the desert and remote regions of Australia. Aboriginal peoples have no recognition in Australia of our rights to own, use or develop the natural resources. If our lands or territories are found to have economic value, such as mineral deposits, these resources are robbed from the Indigenous Peoples and exploited for the benefit of others.

Australia has one of the highest living standards in the world, yet Aboriginal people live in poverty and powelessness.

We are 2 percent of the total population yet we make up more 20% of the male prison population and 80% of the femal prison population. Our unemployment rate is 55%. Our Indigenous children are 60% of the youth in care. Our life expectency is twenty years below Australians. Our health standards are below those of people living in underdeveloped countries.

At last year’s session the Australian Government said it is “aiming for a future in which Indigenous Australians share equitably in social and economic opportunities.” Australia claimed it is building “the capacity of individuals, families and communities to take advantage of opportunities for improved participation in Australian society”.

These words are indicative. They do not acknowledge a right to development. They are an option provided by government to assimilate or remain in poverty.