Getting serious about human rights

The Committee remains concerned that some of the Northern Territory Intervention measures adopted by the State party in response to the 2007 report, are inconsistent with the Covenant rights, in particular with the principle of non-discrimination, and have a negative impact on the realisation of the rights of indigenous peoples. The Committee notes with regret that the Northern Territory Intervention measures were adopted without sufficient and adequate consultation with the indigenous peoples concerned. (art.2.2)

The Committee recommends that the State party: a) address the human rights violations identified in the 2007 Little Children are sacred report bearing in mind the recommendations of the 2008 report of the Northern Territory Intervention Response Review board in this regard; b) conduct formal consultations with the indigenous peoples concerned regarding the operation and impact of the Northern Territory Intervention; c) establish a national indigenous representative body with adequate resources; and d) ratify ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries (1989).

The UN Committee also expressed concern about “the negative impact of climate change on the right to an adequate standard of living, including on the right to food and the right to water, affecting in particular indigenous peoples, in spite of the State Party’s recognition of the challenges imposed by climate change”. If Australia really is a good international citizen is the Rudd Government going to step in to prevent State Governments from further privatising the country’s water supplies in order to protect such rights?

Until Kevin and Penny Wong grasp that access to an adequate potable water supply is a basic human right they will not be able to bring about policy which addresses the needs of Australia. Within the framework of addressing the supply of potable water, there falls the requirements of industry and agriculture. Private enterprise will not distribute water equitably. It needs to be recognised that, sooner or later, federal government will need to (or will be forced to) take on the role of conservator and distributor of water without fear or favour. Corrupt and parochial state and local governments can have no part in such undertakings and neither can cashed up private companies which have shown an inclination to feed government corruption for their own ends.

And while the Rudd Government is busy praising the arrest of people for alleged people smuggling, and making sure it gets plenty of coverage, is it also busy reflecting on the UN Committee’s recommendations to it that “... it implement without delay its new ‘seven values’ in policy, and carry out the Australian Human Rights Commission’s recommendations adopted in its 2008 Immigration Detention Report, including the repeal of the mandatory immigration detention system and the closure of the Christmas Island detention Centre ...”

If the Rudd Government is really serious about its citizens and about “building on” its human rights record then at the very least it should first, immediately respond to and implement all recommendations clearly laid out by the Committee and second, reconsider its narrow terms of reference for the National Human Rights Consultation.