UN accuses Australia of 'entrenched racism' towards Aborigines

Anaya, a University of Arizona human rights law professor, said he was particularly concerned by restrictions imposed on Aborigines in the Northern Territory in response to a 2006 government-commissioned report that found child sex abuse was rampant in remote indigenous communities.

The government suspended its own anti-discrimination law so it could ban alcohol and hardcore pornography in Aboriginal communities and restrict how Aborigines spend their welfare cheques. The restrictions do not apply to Australians of other races.

"These measures overtly discriminate against Aboriginal peoples, infringe their right of self-determination and stigmatise already stigmatised communities," Anaya said.

The measures were too broad and had been imposed for too long, despite a lack of evidence that the ban on alcohol had reduced alcohol abuse, he said.

Anaya described as "demeaning" the policy of forcing Aborigines to set aside a portion of their welfare cheques for essentials such as food and rent. "They have to carry a card around that marks them as someone who can't manage their own funds," he said.

The restrictions were "incompatible" with Australia's obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the Declaration on the Rights of Indigenous Peoples, he said.

Racist, not working: UN bashes NT intervention

Chris Graham | crikey.com.au | 28th August 2008

Most alcoholics don’t accept they have a problem. Neither do racists. But sometimes, the evidence just overwhelms.

Professor James Anaya is the Special Rapporteur on Indigenous rights for the United Nations. An Apache man, he arrived in Australia earlier this month for a tour of the nation’s Indigenous communities.

Prof Anaya brings within him a big reputation. Or, in the words of Indigenous affairs minister Jenny Macklin, who greeted Anaya at a function when he arrived a fortnight ago: “Professor Anaya is recognised as one of the world’s leading human rights advocates and legal scholars,” Macklin enthused. “His advocacy and legal work on behalf of Indigenous communities command worldwide attention. This is an extraordinary opportunity for an honest and open exchange of views and experiences.”

That’s high praise indeed. So maybe Macklin had something else on yesterday, because she was conspicuously absent as Prof Anaya delivered his “preliminary observations” from his tour of duty, prior to writing a more detailed written report.

By United Nations standards it was a flogging of colonial proportions. After commending Australia for, among other things, endorsing the United Nations Declaration on the Rights of Indigenous Peoples, Anaya got down to the real business of his visit: “After several days in Australia listening and learning … I have observed a need to develop new initiatives and reform existing ones in consultation and real partnership with Indigenous peoples to conform with international standards requiring genuine respect for cultural integrity and self determination,” he said.

“Of particular concern is the Northern Territory Emergency Response. These measures overtly discriminate against Aboriginal peoples, infringe their right of self-determination and stigmatise already stigmatised communities.

“The emergency response is incompatible with Australia’s obligations under the Convention on the Elimination of all Forms of Racial Discrimination and the International Covenant of Civil and Political Rights; treaties to which Australia is a party.”

Not a lot of wriggle room there. Australia is in breach of multiple UN agreements, and the NT intervention is discriminatory.

But Prof Anaya didn’t stop there. Apart from noting that reparations “should be paid” to members of the Stolen Generations, Prof Anaya went on to use the ‘r’ word. In fact, to be more precise he used the ‘ER’ words.

“A common characteristic of countries where Indigenous people live today is entrenched racism,” Prof Anaya told an open mouthed gaggle of reporters and Indigenous affairs junkies. “And what I mean by entrenched racism is racism that has accompanied historical process of colonisation.

“I’m not pointing my finger at any particular individuals but I am saying that it has happened, it reflects itself in particular events, particular policies over time that have resulted in conditions that Indigenous peoples live in today.

“And I think one need not search very far to find that in various ways this historical racism continues to manifest itself in certain attitudes that we see throughout society.”

Prof Anaya also said: “I’m not saying that as an indictment against Australia, in the sense of singling it out from other countries. I am saying it though as a matter of reality that needs to be addressed, and a matter of reality that needs to be confronted.”

Indeed it does. And so how did we confront it? Well, Tony Abbott was out this morning describing Prof Anaya as an “armchair critic”. And of course, Mal Brough crawled out of to defend his Intervention.

“Let’s get real, look these people in the eye, instead of coming in and telling us that we’ve offended some law rather than offending the right of a child to be healthy and happy and to have a future,” Brough told ABC Radio, apparently without a hint of humour.

Brough continued: “I get very annoyed when I hear people pontificating about human rights when today there will be children sitting out there in abject squalor with diseases they don’t have to have, with inadequate education, poor nutrition and poor access to health and we have some nicety about human rights legislation.”

Brough should have added: “… and we were in government for 12 years and did nothing about it until election eve 2007”. Or perhaps he could have added these words, straight from the mouth of Prof Anaya: “… I think the point is [the intervention] is not working”.

Which appears to be the point that media, politicians and commentators have missed in all this. Yes, the intervention is racially discriminatory?—?even Brough concedes that. But it also happens to be failing miserably.

The alcohol bans have not stopped the grog, a fact noted by Prof Anaya and acknowledged by the Northern Territory police.

The extraordinary coercive powers (and millions of dollars) handed to the Australian Crime Commission (ACC) to target child abusers have not resulted in the capture of a single paedophile, a fact acknowledged by the ACC.

The compulsory income management has led to increased anaemia rates among children in the Katherine region due to restricted access to food, a fact acknowledged by the Sunrise Health Service. The income management has also resulted in near starvation and demonstrable harm to Aboriginal people, facts acknowledged by the Australian Indigenous Doctors Association and the Aboriginal Medical Services Alliance of the Northern Territory.

The emergency housing program has not built a single house in two years, a fact begrudgingly acknowledged by Jenny Macklin.

The p-rnography bans have not stopped p-rnography, nor have sweeping powers to catch people with p-rnography been effective (save for a government contractor brought in as part of the intervention, if my memory serves me).

The compulsory acquisition of Aboriginal land to ensure that there are no delays in the construction of housing and emergency infrastructure has resulted in delays in the construction of housing and infrastructure.

The “tens of millions” that John Howard outlined would be spent on the NT intervention has blown out to more than $1 billion.

So the Northern Territory intervention is not only racist, but it’s not working. The experts on the ground are saying it. Aboriginal people themselves are saying it. And now the United Nations is saying it. And we’re denying it.

No-one ever said facing up to our racism was going to be easy, but surely it doesn’t have to be this hard?

Chris Graham is editor at the National Indigenous Times

UN Representative Criticizes Australia's Aboriginal Policies as Racist

Phil Mercer | Voice of America | 27th August 2009

Click for larger image and descriptionA U.N. representative says Australia's intervention in dozens of troubled Aboriginal communities is discriminatory and breaches the country's international human-rights obligations.

The U.N. special investigator on indigenous people, James Anaya, says that Aborigines in Australia face entrenched racism. He says the government's controversial intervention in dysfunctional communities in the Northern Territory continued to discriminate against Aborigines.

Two years ago troops, medical staff and social workers were deployed in an attempt to combat violence and rampant abuse of children in some aboriginal communities. Racial discrimination laws were suspended to allow the controversial policy to be implemented.

Alcohol and pornography were banned in the communities and indigenous residents were forced to spend a portion of their welfare payments on essentials such as food.

Some activists say the measures violate human rights because they only target Aborigines.

"These measures overtly discriminate against aboriginal peoples, infringe their right of self-determination and stigmatize already stigmatized communities," he said.

Anaya just completed a 12-day tour to learn more about Australia's most disadvantaged community. Indigenous groups, church leaders and social justice organizations requested his visit.

Anaya is the first U.N. investigator on indigenous people to visit Australia's aboriginal communities. He congratulated Prime Minister Kevin Rudd for the historic apology he made last year to the country's original inhabitants for past injustices.

Anaya also welcomed calls for a new national body to represent Australia's Aborigines, which will need government approval.

Tom Calma, from the Australian Human Rights Commission, proposed the body, saying it will give the disadvantaged a powerful voice.

"It is a historic day. It is a day when as aboriginal and Torres Strait people we begin a new journey when we express our determination to put our futures in our hands," he said.

A recent study has found the gap between non-indigenous Australians and their aboriginal neighbors was growing in areas such as child abuse and domestic violence. Aborigines also are more likely than other Australians to suffer from a variety of health problems, including chemical addiction, and their average life span is 17 years less.

Prime Minister Rudd said it was "a devastating report" on an unacceptable situation.

UN critical of Australian Aboriginal intervention

Editing by Alex Richardson | Reuters | 27th Aug 2009

A senior United Nations official condemned on Thursday Australia's controversial intervention into remote Aboriginal communities, describing the measures as discriminatory and finding entrenched racism in Australia.

The UN Special Rapporteur on Indigenous People, James Anaya, made the findings after a 12-day visit to Australia, where he visited indigenous communities and held talks with the Australian government.

Australia's former conservative government sent police and troops to remote Aboriginal communities in June 2007, and made special bans on alcohol and pornography, to stamp out widespread child sex abuse fueled by chronic alcoholism.

"These measures overtly discriminate against aboriginal peoples, infringe their right of self-determination and stigmatize already stigmatized communities," Anaya told reporters in Canberra. Anaya, the first UN Rapporteur on Indigenous People to visit Aboriginal communities, congratulated Prime Minister Kevin Rudd for his 2008 parliamentary apology to Australia's Aborigines for historical injustices.

But he said it was clear the entrenched racism of the past remained, and the ongoing intervention into communities in the Northern Territory continued to discriminate against Aborigines.


Rudd has made indigenous affairs a priority of his government and promised to end the 17-year gap in life expectancy between Aborigines and other Australians.

Rudd has said he would continue the controversial intervention, which has widespread support across Australia but has been strongly criticized by some Aboriginal groups.

Anaya's comments will increase the pressure on Rudd to review parts of the intervention, particularly measures that quarantine welfare payments to make sure a proportion of the payments is spent on food, clothing and healthcare.

An independent review last year found the intervention affected 45,500 Aboriginal men, women and children in more than 500 Northern Territory communities, and progress on healthcare and security were undermined by a lack of full community support.

Indigenous Affairs Minister Jenny Macklin said the government was determined to restore laws to outlaw racial discrimination in the Northern Territory and welcomed Anaya's visit.

"I think what's important is that we recognize we have a huge task in front of us to close the gap, to close the life expectancy gap, the employment gap, the gap in education," Macklin told reporters.

"We know how big the task is and we certainly intend to keep getting on with it."

Australia's 460,000 Aborigines make up about 2 percent of the population. They suffer higher rates of unemployment, substance abuse and domestic violence than other Australians.