There are many convergences between two recent reports on Indigenous affairs, starting with their having been issued on the same day.
First, Social Justice Commissioner Tom Calma released the final report and
recommendations of the Committee that the Rudd Government had charged
with developing a model for a national representative body for
Aboriginal and Torres Strait Islander peoples.
Just a few hours later, the UN's Special Rapporteur on the Situation of
Human Rights and Fundamental Freedoms of Indigenous Peoples, Professor
James Anaya, issued his preliminary findings after a ten-day visit in
which he focused on the Northern Territory Emergency Response (the
Intervention).
Both reports added fuel to the ongoing debates about rights and responsibilities of Aboriginal Australians. Both stress rights, partnership and respect, and invoke the authority of the UN. Both have engendered controversy.
Anaya infuriated a number of commentators, notably current and former Ministers for Indigenous Affairs, Warren Mundine and The Australian newspaper, by declaring, albeit in polite language, that aspects of the Intervention are racist, and in breach of the UN Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the UN Declaration on the Rights of Indigenous Peoples.
Given his role, Anaya could hardly have been expected to approve the discriminatory aspects of the Intervention. His remarks are embarrassing for a country that prides itself on being a good international citizen, but are not fatal. More problematic are the proposals put forward in Calma's Report, entitled 'Our future in our hands — Creating a Sustainable National Representative Body for Aboriginal and Torres Strait Islander Peoples'.
This is an ambitious document, based on extensive consultation with Indigenous people. It sets out detailed plans for the structure, funding and operation of a national representative body. The Report stresses 'mutual respect' and advocates 'genuine partnership' between the proposed representative body and government with 'shared responsibility ... [and] ... respect for human rights'.
Calma's Report states that the Steering Committee was guided by Article 18 of
the UN Declaration on the Rights of Indigenous Peoples, which stipulates that indigenous people
'have the right to participate in decision-making in matters that
affect their rights', and this participation should occur through
representatives chosen by them.
This sits well with Anaya's view that the Australian Government should take into account the Declaration — which it has recently recognised, though not ratified — when framing and evaluating legislation, policies, and actions.
However, the hostile response to Professor Anaya's suggests