U.N Declaration On Indigenous Rights

Howard may have received his long sort after wedge yesterday with Labor vowing to ratify the new U.N declaration. I think we all know where this is going. The government decided not to ratify it because they believe it legitimised customary law '...including practices "not acceptable in the modern world"'. Now I'm no lawyer, but after trolling through the draft of the U.N declaration on the rights of indigenous peoples it's appeared to me that there may be more to their rejection of it than they're letting on. The prospect of violence or abuse being legitimised is pretty slim at first glance:

'States shall take measures, in conjunction with indigenous peoples, to
ensure that indigenous women and children enjoy the full protection and guarantees
against all forms of violence and discrimination.'

Not to mention the fact that it is all non-binding.

What I think may have alarmed the Howard Government more are articles such as these:

Article 23
Indigenous peoples have the right to determine and develop priorities and
strategies for exercising their right to development. In particular, indigenous peoples
have the right to be actively involved in developing and determining health, housing
and other economic and social programmes affecting them and, as far as possible, to
administer such programmes through their own institutions.

Article 26
1. Indigenous peoples have the right to the lands, territories and resources
which they have traditionally owned, occupied or otherwise used or acquired.

Article 28
1. Indigenous peoples have the right to redress, by means that can include
restitution or, when this is not possible, just, fair and equitable compensation, for
the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or
damaged without their free, prior and informed consent.


2. Unless otherwise freely agreed upon by the peoples concerned,
compensation shall take the form of lands, territories and resources equal in quality,
size and legal status or of monetary compensation or other appropriate redress.

I think that it should be fairly clear that this government was never going to ratify such a declaration. With reference to Article 23, the government's current intervention, with its zero consultation with indigenous people, would appear to already be in violation of the declaration, as is its disbanding of ATSIC.

UPDATE: If you would like to see Iain Hall's ridiculous beat-up of this post go here.