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Gould, Ian --- "United Nations Report on Racism and Indigenous Australians" [2002] IndigLawB 21; (2002) 5(16) Indigenous Law Bulletin 5

United Nations Report on Racism and Indigenous Australians

by Ian Gould

In late March, the United Nations Special Rapporteur on Racism, Mr Maurice Glèlè-Ahanhanzo (‘the Special Rapporteur’), released his report on contemporary forms of racism in Australia.[1] Presented to the 58th session of the United Nations Commission on Human Rights, the report follows the Special Rapporteur’s visit to this country in April and May last year at the invitation of the Australian government.

Mr Glèlè-Ahanhanzo was especially concerned with observing racism as it affects Indigenous Australians, and the report contained a number of findings regarding Indigenous peoples specifically. Among these were findings on issues such as land rights, mandatory sentencing and the Stolen Generations.

The report noted the discriminatory character of the 1998 amendments to the Native Title Act 1993 (Cth). The Special Rapporteur found that the Act has continued to be applied despite being contrary to Australia’s international obligations.

Further, he reported that the issue of native title had not been adequately addressed by federal and state governments. The report stated that ‘[t]he Commonwealth has not entered into negotiations with Indigenous peoples and extinguishment of native title continues to be effected by the states, under the authority of the Commonwealth government’.[2] The findings recommended the further amendment of the legislation to align it with the Racial Discrimination Act 1975 (Cth).

The report also found that mandatory sentencing laws in Western Australia were discriminatory as they ‘cover[s] the kind of offence generally committed by persons belonging to an ethnic minority...mainly Aboriginals [sic]’.[3] The Special Rapporteur suggested that Western Australia follow the initiative of the Northern Territory by abolishing the laws and focusing on diversionary programmes for Aboriginal offenders.

The report also expressed doubts as to the Australian government’s commitment to Reconciliation, given its response to the Bringing Them Home report. ‘For many Aboriginals [sic] the defensive attitude adopted by the federal Government on matters that are very painful to them cast doubt about its real desire to achieve a meaningful reconciliation with Aboriginal peoples.’[4]

However, the Special Rapporteur commended the Australian government for some of the efforts it was making to address issues affecting Indigenous peoples. The report stated that ‘[t]he programmes aimed at improving the living conditions of the Indigenous peoples exist, even if they have not yet succeeded in producing the desired results.’ The Special Rapporteur noted that this progress is tempered by the fact that, for many Aborigines, ‘the [Australian] State is a manifestation of colonization whose consequences remain to this day, notably through the limitation of their land rights, the tragedy of the abducted children and cultural clashes’.[5]

To address these concerns, the report made ten recommendations. These included a review of multiculturalism policy so that it is based on recognition of the right to difference and cultural identity, as well as finding a humane solution to the harm suffered by the Stolen Generations. Given its broad appeal to many Australians, sport could also be used to eliminate racism in this country. The report called on the Australian Football Association to implement an anti-racism programme aimed at spectators.

The Special Rapporteur hoped that such initiatives would help to ‘eradicate the legacy of racial discrimination and reduce social inequalities and the extreme poverty which affects the majority of Aborigines’.[6]

Ian Gould is a law student and a volunteer at the Indigenous Law Bulletin


[1] For the full text of the report on contemporary forms of racism in Australia by the United Nations Special Rapporteur on Racism, Mr Maurice Glèlè-Ahanhanzo, see UN Doc: /CN.4/2002/24/Add.1.

[2] Ibid para 59.

[3] Ibid para 79.

[4] Ibid para 87.

[5] Ibid para 133.

[6] UN Doc: E/CN.4/2002/24, para 9.


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