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The Forum > Article Comments > Australia is not an island > Comments

Australia is not an island : Comments

By Megan Davis, published 3/10/2007

The UN's adoption of the Declaration on the Rights of Indigenous Peoples is a triumph for the world’s Indigenous peoples.

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Oh Megan Davis
Alas, Australia IS an island. We used not to be, and Australia had a proud history in promoting and supporting the United Nations.

But - especially over the past 11 years, Australia has moved in a kind of isolationist direction, but not completely isolated, for our government has ganged up with the U.S. government, to turn its back on international co-operation in so many ways. Howard's Australia blindly followed George W. Bush into Afghanistan, and with the hypocritical "WMD" lies, into the disaster of Iraq.

The Australian government tried hard to get the United Nations to take the rap for the scandal of the AWB bribery of Saddam Hussein, (while our troops were in Iraq fighting him).

Our treatment of refugees has been shameful, and our Prime Minister, for a long time, achieved the feat of getting asylum seekers to be called “illegal immigrants”.

By being the only other developed country to refuse to ratify Kyoto, Australia again tried to downgrade the UN and international action. We now look like paying the price for this one – as Australia has shown no interest in acting globally - even though we will probably be the worst hit country, regarding global warming, and we might need global help.

Worst of all, under the Howard government, is the cultural isolation that has developed. We don’t bother learning foreign languages and culture, especially Asian ones. Now we’re trying to make migrants pass some stupid “values” test, that most of us “Aussie-born” couldn’t pass - so we can all look and sound the same.

It’s all so stupidly xenophobic that Howard and co probably see the aborigines as “foreigners”. Is it any surprise that Australia has not signed up to the Declaration on Indigenous Rights? After all, the UN people are all foreigners too.

John Donne would surely feel himself to be a stranger in Australia.
Christina Macpherson www.antinuclearaustralia.com
Posted by ChristinaMac, Wednesday, 3 October 2007 11:02:44 AM
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Yes, Australia ought to sign the Declaration on the Rights of Indigenous Peoples. If that Declaration had greater substance and meaning it would be accompanied by an Optional Protocol that would empower a UN body to investigate complaints of breaches of those rights.

But signing this Declaration or any of those Covenants, Treaties, Conventions or Declarations that have come before this one (and that have been equally ratified by both Labor and Coalition governments) doesn't mean a damn thing, unless there is the will and the actual implementation of the Declaration through legislation passed by the Australian Parliament.

It is one thing to say yes, we agree with UN Declarations, comprising International Human Rights Law, but it is another to do anything more than agree.

I agree with Geoffrey Robertson QC:- we cannot rely on Parliaments to uphold our individual rights and responsibilities. When people that I worked with were savaged by an indifferent, heartless State Government and sought to claim and exercise our human rights, those rights were found to exist only in documents that Australia had ratified, but none were written into legislation, and worse there was no judicial process available so that allegations about breaches of our rights and recourse could be heard in a competent judicial system to ensure accountability.

Yes, an Australian government ought to ratify the Declaration, but only on the basis that it is not yet another charade or promise that can never be fulfilled, unless the Australian Government commits the Declaration to legislation, and further, commits the judicial resources so that there are legal remedies in the event that those and all other human rights that are breached, which no doubt happens every day. Unless there is legislation, it is probably better not to ratify the Declaration, than making yet another promise to the people that will not be kept. We don't need more "feel good" motherhood statements. We need real action. Based on past history, unfortunately, we must rely on so called representative Parliaments for this, except for what we can do every day in our own lives.
Posted by Derek@Booroobin, Wednesday, 3 October 2007 12:26:34 PM
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That form-over-substance-toothless-tiger, the UN, has dished out yet another piece of paper with words on it, that have no authority.

But it is, uhm, recognition.

Oh, the triumphant triamphalism of nothingness.

l feeeewl much better about myself now. Thank goodness. Now, is there something l can paint green.
Posted by trade215, Wednesday, 3 October 2007 1:14:44 PM
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Australian Citizens do recognise in international law, it is our leadership in all areas of the UN at present who loiters on world sustainablity policies.

Be it on Climate Change, SEOUL or our "Indigenous peoples inherent rights including the right to self-determination and the collective right of Indigenous peoples to enjoy and realise fundamental rights and freedoms."

Well SAID - Australia is not an island and another TEN YO Megan Davis, "It is true the system is imperfect and has limitations."

"But we must never forget that the genesis of the modern international system lies in international consensus that states can not always be trusted to do the right thing by its citizens; if anyone understands that, Indigenous Australians do, and it is for this reason that the Declaration on the Rights of Indigenous peoples is a welcome development."

All Displaced People and People who are locked outside the radar of the socio-economic, cultural and political centered metropolis... it seems, are being asked to pluck at substance + our own mettle right now.

Asked to Stand up and be Counted.

Hopefully with more articles and national discussion, more talking with friends... we might share + learn more... and apply ourselves together earnestly, so as to find out 'Away' toward equity and peace, more affirmatively.

TA MEGAN DAVIS.

This is WHEN Our Vote Really Counts, Right?

TA OLO.

http://www.miacat.com
.
Posted by miacat, Wednesday, 3 October 2007 3:19:59 PM
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Great article on the declaration Megan.
What is there about the ex british colonies that unites them in their view of the world on this issue? There's some sort of Yes, we are very clever and modern, But No we are not having any foreign ideas coming in here and messing up the place.
Let's hope this declaration is a way to spark more people's interest in human rights and the need to respectfully listen as a starting point to wider thinking.
Posted by vickipollard, Wednesday, 3 October 2007 3:41:58 PM
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Support the Australian Government signing agreements on Human Rights.

Do NOT support, yes this means oppose the Australian Government signing declarations on racial rights.

The Indigenous Rights agreement is another racial rights in costume.

.
Posted by polpak, Wednesday, 3 October 2007 4:17:46 PM
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Polpak,

Is that all you have to say?

c'mon, some analysis please!

Why don't you publish your own piece setting out your arguements?

Or are to scared that brilliantly intelligent people like Megan Davis would cut your arguements to ribbons?
Posted by Rainier, Wednesday, 3 October 2007 6:56:32 PM
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Yes, thankfully, Australia IS an island. Moreover, we are the only country in the world that has the four vital things, which are:

1. A surplus of food.

2. A surplus of minerals.

3. A surplus of energy.

4. Lastly, and most importantly, a sea boundary.

The general assembly of the United Nations has become a joke. As an organisation where India has the same voting power as Nauru, it has never had any strong democratic credentials. Fortunately it is restrained by the Security Council, which again is a joke, as the veto system almost always prevents it from doing anything. Only on rare occasions, such as the First Gulf War, when all the major powers are in agreement, can it take action.

In the calamitous century which we have entered, which will see untold suffering as the world population climbs toward 10 billion and the world simultaneously runs out of resources and is plagued by pollution, we will be tucked safely away in our corner of the world, worried by little more than drought, while the rest of the world descends into chaos. The things to remember is that we are not responsible for the state of the rest of the world, and am unable to save it.
Posted by plerdsus, Thursday, 4 October 2007 6:44:07 AM
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Megan tells us that the Declaration has been adopted by the general assembly and Aust & its allies are now isolated –pariahs even.
“An unequivocal and emphatic rejection by the international community of …assimilationist thinking”, she gloats.
It conjures an image of an auditorium filled with august persons, looking down with disdain on a little Aussie swaggie, corked hat, unwashed, surrounded by a haze of flies who has just stumbled into the spotlight & can’t find a seat –because no one wants him sitting next to them.

Until… one delves a little deeper & finds that among the high principled signatories are:
Brazil (Amazonian Indians)
China (Tibet)
Indonesia ( West Irian )
Pakistan (Hindu rights/expulsions)
Saudi Arabia ( only one religion tolerated)
Sri Lanka (Tamils)
According to Megan Davis these and similar, put Aust to shame.

Contrary to popular misconception, most countries of the world have Indigenous populations. But most non-Western countries are more innovative in their handling of the issue:
1) A few, simply reclassify the problem out of existence by declaring the dominant race the Indigenes.
- India– whose delegate to the conference loudly declared –‘all Indians are Indigenous’.
- Malaysia –has rebranded everyone Bumiputra – except the Chinese & Indians.
(I have often wondered how this would work in Aust.
“Who’s Spartacus?’ … “We are all Spartacus!”
It wouldn’t solve the problem(s) - but in one fell swoop it would convert them from a race issue to a class issue – which perhaps it should have been all along!)
2) Some, like the Sudan, Burma & Indonesia are hard at it, working on their Indigenous issues – and given sufficient time, are confident of arriving at a ‘final solution’.
3) Most will however, simply file the Declaration away with all the other conventions/declarations/undertakings they’ve signed –but never had any intention of looking at a second time –let alone, complying with!
Posted by Horus, Saturday, 6 October 2007 5:33:09 AM
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There are some other areas where I have issues with Megan:
· She rejects the charge that the declaration ‘elevates…customary law’ at the expense of national law – with a schoolmarmish rebuke –‘it does no such thing’ –it’s “inspirational”– but then she tells us some lawyers see its provisions as already international law – and similar law was a force in Mabo & Racial legislations ( and, doesn’t ‘inspirational” imply it’s on your list of things to do –more ‘unfinished business’ perhaps?).
· She charges the govt with discriminatory practices:
By it’s rolling back of some of the special indigenous legislation/provisions. It truly requires lateral thinking to determine that it is non-discriminatory to put into force laws apportioning rights on the basis of race, but discriminatory to roll back some of those exclusive rights –even if only for a short time.

However, there is no doubt in my mind that Aboriginal communities. is in need of assistance. And other countries intransigence does not absolve us from addressing Indigenous disadvantage. And I agree with Megan that a more conciliatory approach –bringing local Elders more into the decision making would had been advantageous –most traditional elders seem more in tuned with the needs of their communities than politicians or self-appointed city based spokespersons/activists.

I’m not altogether convinced however that people like Megan are helping the Aboriginal cause. Their stance seems akin to –Cutting off your nose to spite your face.
The ever creeping UN suzerainty is ultimately not good for any Australian –black or white. Ratifying this or that UN convention/treaty all too often seems simply another step towards their bigger agenda – the RAT-ification of Aust!
Posted by Horus, Saturday, 6 October 2007 5:37:16 AM
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Megan, as a "CONSTITUTIONALIST" I am aware that the Commonwealth of Australia is in principle racist, and so the States, as it is approved for this in Subsection 51(xxvi) of the Constitution. Personally I oppose racism but have to concede that constitutionally it is permissible. Getting rid of Subsection 51(xxvi) might then be the better way to go!
The United Nations Declaration cannot override constitutional provisions and as such cannot have any impact!
Aboriginals themselves, albeit being misled, were supporting the 1967 con-job referendum and still are unaware how it really affects them.
Aboriginals were constitutionally, since federation, equal to other Australians but lost this by the 1967 con-job referendum! If just lawyers pursuing Aboriginals issues bothered to research this first so they know what they are talking about!

While Kevin Andrews introduced the “(Australian) citizenship test” it is a sheer and utter nonsense, as learning who was a cricketer has got nothing to do with current cultural/moral conduct and legal position of Australians.
If we expect others to learn about Australians and heritage would it then not better that we teach our politicians some constitutional facts?

My book, published in July 2006, “INSPECTOR-RIKATI® & What is -Australian way of life- really” makes it very clear that it means that every person of whatever religion, colour of skin, nationality, etc, can live his/her life in whatever way he/she desires, including customs and traditions provided it is within the provisions Australian laws!

See people as equal and we all are better off
Posted by Mr Gerrit H Schorel-Hlavka, Wednesday, 10 October 2007 1:06:11 AM
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