Professor James Anaya, United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, has given his preliminary impressions of the situation in Australia – see today’s Crikey. Most media attention is focussing on his comments about the Northern Territory Emergency Response,
…affirmative measures by the Government to address the extreme disadvantage faced by indigenous peoples and issues of safety for children and women are not only justified, but they are in fact required under Australia’s international human rights obligations. However, any such measure must be devised and carried out with due regard of the rights of indigenous peoples to self-determination and to be free from racial discrimination and indignity.
In this connection, any special measure that infringes on the basic rights of indigenous peoples must be narrowly tailored, proportional, and necessary to achieve the legitimate objectives being pursued. In my view, the Northern Territory Emergency Response is not.
But also important are his comments that any partnership between Government and Indigenous people must be one that is
“based on mutual respect, mutual resolve and mutual responsibility,” and that is also fully respectful of the rights of Aboriginal and Torres Strait Islander peoples to maintain their distinct cultural identities, languages, and connections with traditional lands, and to be in control of their own destinies under conditions of equality.
We look forward to clarification in his final report.
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