Antinuclear

Australian news, and some related international items

The Australian government’s Kimba nuclear waste decision rides roughshod over Australia’s obligations under international law

United Nations Declaration on the Rights of Indigenous Peoples
The Australian Human Rights Commission advised that Article 29(2) of the United Nations Declaration on the Rights of Indigenous Peoples states that ‘no storage of hazardous materials shall take place on Indigenous lands without their free, prior and informed consent.’ 265

1.255 The Commission submitted that in order for Indigenous people to make informed consent, adequate resourcing to representative groups needs to be provided to ensure appropriate and informed consultation. 267

EXTRACT FROM REPORT BY FORMER SPECIAL RAPPORTEUR VICTORIA TAULI-CORPUZ IN SEPTEMBER 2017 FOLLOWING HER VISIT TO AUSTRALIA IN MARCH 2017

Self-determination and participation
When Australia officially endorsed the United Nations Declaration on the Rights of Indigenous Peoples in 2009, the Government stated its intent was to reset relations between Indigenous and non-Indigenous Australians and to build trust in order to work together to overcome the legacy of the past and shape the future together. Furthermore, in Australia’s pledge as a candidate to the United Nations Human Rights Council 2018-2010, it committed to give practical effect to the United Nations Declaration on the Rights of Indigenous Peoples and the World Conference on Indigenous Peoples’ Outcome Document.

Self-determination is a fundamental element of the Declaration whereby indigenous peoples have the right to freely determine their political status and freely pursue their economic, social and cultural development (Art. 3 of UNDRIP) and have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions (Art. 4). The Declaration also sets out that indigenous peoples have the right to participate in decision-making in matters which affect their rights (Art. 18).

While Australia has adopted numerous policies aiming to address Aboriginal and Torres Strait socio-economic disadvantage, the failure to respect the right to selfdetermination and the right to full and effective participation in these is alarming. The compounded effect of these policies has contributed to the failure to deliver on the targets in the areas of health, education and employment in the Closing the Gap strategy and has contributed to aggravating the escalating incarceration and child removal rates of Aboriginal and Torres Strait Islanders

LETTERS PATENT
The Letters Patent, long title “Letters Patent under the Great Seal of the United Kingdom erecting and establishing the Province of South Australia and fixing the boundaries thereof”, defined the boundaries
of the Province of South Australia:

Provided Always that nothing in those our Letters Patent contained shall affect or be construed to affect the rights of any Aboriginal Natives of the said Province to the actual occupation or enjoyment in their own Persons or in the Persons of their Descendants of any Lands therein now actually occupied or enjoyed by such Natives


January 3, 2022 - Posted by | aboriginal issues, AUSTRALIA - NATIONAL, Federal nuclear waste dump, politics

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