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| home | news lHuman rights groups urge federal government to endorse UN Declaration as "matter of priority"By Amy McQuire 19 May 2008 - The Indigenous Law Centre, Human Rights Law Resource Centre and 103 other organizations have signed a letter calling on the Australian government to endorse the landmark United Nations Declaration on the Rights of Indigenous Peoples as a "matter of priority". The non-binding Declaration, in the making for more than two decades, was passed by a near unanimous vote in the UN General Assembly last year, with 143 member states endorsing and 11 abstaining. The only four states who opposed the Declaration were Australia, Canada, the United States and New Zealand. But New Zealand and the US look set to be left out on a limb, with Canada and Australia both now promising to support the Declaration. Its endorsement was a controversial election promise from the ALP, and the Rudd government has since stated the process is currently being negotiated with stakeholders. The letter, written last week by the Indigenous Law Centre (ILC) director Megan Davis and Human Rights Law Resource Centre (HRLRC) director Philip Lynch, welcomes the Commonwealth's decision to reverse opposition to the Declaration, saying that it will show the international community Australia is committed to improving the lives of Indigenous Australians. It is addressed to Prime Minister Kevin Rudd, Minister for Indigenous Affairs Jenny Macklin, Minister for Foreign Affairs Stephen Smith an Attorney-General Robert McClelland. The letter says that the Declaration will promote Indigenous Australians in the political process and would be beneficial in government relations with Indigenous people. "The Declaration represents an important standard for the treatment of Indigenous peoples," Ms Davis and Mr Lynch write. "Significantly, the Declaration will enhance harmonious and cooperative relations between the Australian government and Indigenous peoples. "A human rights framework, as envisaged by the Declaration, will serve as an invaluable guide to the development of appropriately adapted policies for Indigenous communities. "Importantly, it will promote the participation and engagement of Indigenous peoples in the political process and in matters which directly affect them." The Declaration outlines no new rights in international law, but places them in an Indigenous framework, aiming to safeguard the rights of the world's estimated 370 million Indigenous peoples. The Howard government consistently opposed the Declaration, with former Prime Minister John Howard lobbying the newly elected Canadian Prime Minister Stephen Harper against the Declaration (the previous Canadian government had been a key supporter of the Declaration). Canada has since reversed its decision, with the Canadian House of Commons last month passing a motion endorsing the Declaration and calling on the Harper government to "fully implement the standards contained therein". The letter written by Ms Davis and Mr Lynch mentions Canada's recent endorsement and calls on Australia to follow suit. "As one of only four countries who initially opposed the Declaration, removing its opposition to the Declaration would enable Australia to join the consensus of the rest of the international community on the fundamental freedoms and human rights of Indigenous peoples," it says. The letter state that arguments against the UN Declaration by the former Howard government were "ill-conceived perceptions". "The idea that the Declaration would give Indigenous Australians veto powers over Parliament, make traditional law superior to national law and create the potential for Indigenous compensation claims over land is misconceived," it says. "The Declaration does no such thing." The letter states that because the Declaration is a "non-binding instrument", it cannot elevate Aboriginal customary law or "any other Indigenous right over domestic law". "The Declaration recognises the human dignity of Indigenous people, while respecting the integrity of sovereign states." The letter calls on the federal government to "endorse the Declaration as a matter of priority". NIT is awaiting comment from Ms Macklin's office about when opposition to the Declaration is expected to be reversed. The 103 organisations, including NIT, which have endorsed the letter are: • Aboriginal and Islander Independent Community School, Acacia Ridge Brisbane Source: National Indigenous Times
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