Identifier
Created
Classification
Origin
09CANBERRA306
2009-03-26 06:06:00
UNCLASSIFIED
Embassy Canberra
Cable title:
AUSTRALIA WILL SIGN DECLARATION ON RIGHTS OF
how-toVZCZCXRO0157 OO RUEHPT DE RUEHBY #0306 0850606 ZNR UUUUU ZZH O 260606Z MAR 09 FM AMEMBASSY CANBERRA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1266 INFO RUEHGV/USMISSION GENEVA IMMEDIATE 2001 RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0772 RUEHBN/AMCONSUL MELBOURNE PRIORITY 6175 RUEHPT/AMCONSUL PERTH PRIORITY 4438 RUEHDN/AMCONSUL SYDNEY PRIORITY 4393
UNCLAS CANBERRA 000306
SIPDIS
STATE FOR DRL AND EAP
E.O. 12958: N/A
TAGS: PHUM PREL PGOV AS
SUBJECT: AUSTRALIA WILL SIGN DECLARATION ON RIGHTS OF
INDIGENOUS PEOPLES
UNCLAS CANBERRA 000306
SIPDIS
STATE FOR DRL AND EAP
E.O. 12958: N/A
TAGS: PHUM PREL PGOV AS
SUBJECT: AUSTRALIA WILL SIGN DECLARATION ON RIGHTS OF
INDIGENOUS PEOPLES
1. Despite the previous government's misgivings that the UN
Declaration on the Rights of Indigenous Peoples would elevate
customary law above Western law and conflict with aspects of
government policy, the Rudd government has adopted a policy
to support the declaration and will follow through on a
campaign promise to favor the declaration. The declaration,
which was adopted by the UN General Assembly in September
2007 after more than two decades of drafting, outlines the
rights of an estimated 370 million indigenous people around
the world. Only Australia, Canada, New Zealand and the
United States did not vote to adopt it.
2. The shadow attorney-general, Senator George Brandis, has
warned that the declaration includes provisions that go well
beyond the rights recognized in Australian domestic law. He
said it conferred the right to seek compensation for land
taken without permission and to veto projects affecting land,
without providing recognition for the rights of third parties.
3. Professor Mick Dodson, indigenous leader and Australian
of the Year, told POLOFF on March 26 that an announcement is
imminent, perhaps even before the next meeting of the
Permanent Forum which will be at UN headquarters in New York
in the last two weeks of May. He expressed concern that the
GOA support would be watered down by riders, qualifications
or explanatory statements but maintains it is the right thing
to do.
4. The GOA has not indicated when it will make the official
announcement, saying only that it supported the declaration's
underlying principles and was consulting with indigenous
organizations, State and Territory governments and other key
stakeholders on an appropriate public statement to reflect
this. Dodson will be meeting with Jenny Macklin, Minister
for Families, Housing, Community Services and Indigenous
Affairs early next week, which suggests an announcement by
the government is indeed forthcoming.
RICHE
SIPDIS
STATE FOR DRL AND EAP
E.O. 12958: N/A
TAGS: PHUM PREL PGOV AS
SUBJECT: AUSTRALIA WILL SIGN DECLARATION ON RIGHTS OF
INDIGENOUS PEOPLES
1. Despite the previous government's misgivings that the UN
Declaration on the Rights of Indigenous Peoples would elevate
customary law above Western law and conflict with aspects of
government policy, the Rudd government has adopted a policy
to support the declaration and will follow through on a
campaign promise to favor the declaration. The declaration,
which was adopted by the UN General Assembly in September
2007 after more than two decades of drafting, outlines the
rights of an estimated 370 million indigenous people around
the world. Only Australia, Canada, New Zealand and the
United States did not vote to adopt it.
2. The shadow attorney-general, Senator George Brandis, has
warned that the declaration includes provisions that go well
beyond the rights recognized in Australian domestic law. He
said it conferred the right to seek compensation for land
taken without permission and to veto projects affecting land,
without providing recognition for the rights of third parties.
3. Professor Mick Dodson, indigenous leader and Australian
of the Year, told POLOFF on March 26 that an announcement is
imminent, perhaps even before the next meeting of the
Permanent Forum which will be at UN headquarters in New York
in the last two weeks of May. He expressed concern that the
GOA support would be watered down by riders, qualifications
or explanatory statements but maintains it is the right thing
to do.
4. The GOA has not indicated when it will make the official
announcement, saying only that it supported the declaration's
underlying principles and was consulting with indigenous
organizations, State and Territory governments and other key
stakeholders on an appropriate public statement to reflect
this. Dodson will be meeting with Jenny Macklin, Minister
for Families, Housing, Community Services and Indigenous
Affairs early next week, which suggests an announcement by
the government is indeed forthcoming.
RICHE