THE Australian Federal Government did not support a United Nations declaration on indigenous rights, in part because it they said deems to put customary law above national law, despite the same being written into the federal constitution[chapter v 108]
The UN General Assembly finally adopted the Declaration on the Rights of Indigenous Peoples after more than 20 years in the drafting.
The declaration in not legally binding., and is only an aspirational document, noting the apec aspiration to control global warming the apec signees would be right in questioning mr howard as to what they too aspired to sign
It addresses individual and collective rights, cultural rights and identity, rights to education, health, employment and language. [very basic things to the 144 who voted for it vesus the 3 who didnt
It outlaws discrimination against indigenous people and promotes their full participation in all matters that concern them.
Federal Indigenous Affairs Minister Mal Brough said the Australian Government supported the development of a declaration, but not in its current form.and couldnt be found to even make comment
"The version currently in circulation is not workable and it would be divisive," he said sticking to the liberal paerty mantra of fear and unresoned bif brother attitude that works with the do as we say spiel even as late as yesterday.
Land provisions in the declaration would provide rights that could overrule the legitimate legal interests in land held by other people, he said
the question screams to be asked is stolen land ever legitimatly owned?
It also placed customary law in a superior position to national law, Mr Brough said.
"There should only be one law [invader law]for all Australians and we should not enshrine in law practices that are not acceptable in the modern world," he said. [considering it an aspirational document that is a lie and typical liberal fearmongering]
New Zealand, the US, Canada, did not support the declaration.
Canada initially supported the declaration but reversed its position after being lobbied last year by Prime Minister John Howard.
The NSW Aboriginal Land Council urged the Government to change its position.
Council chair Bev Manton said the UN vote may be Mr Howard's last chance to demonstrate genuine support for the rights of indigenous people.
"If he were to decide that Australia would vote in favour of the UN declaration, it would go some way towards rehabilitating our nation's currently poor international image," Ms Manton said.
Labor's indigenous affairs spokeswoman Jenny Macklin said Australia should become a signatory to the declaration.
"The declaration is about the international community expressing its support for indigenous people and their children having an equal chance at life," she said.
"It is something that most of the international community aspires to in the interests of equality.
"The Government should not be playing politics with this issue."
