I whakaputahia tuatahia tēnei atikara e NITV i Ahitereiria
The Queensland and Northern Territory governments are still refusing to engage with the Australian visit of the United Nations Special Rapporteur on the Rights of Indigenous Peoples, with only days left before he departs.
The UN is mandated to investigate potential human rights violations against Indigenous Peoples through the Special Rapporteur.
Australia’s Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss says the prime minister has not yet responded to calls for him to intervene.
“It wasn’t just the [states’] denial of access to the prisons; they’ve actually refused to engage with the visit,” she said.
“Neither the Northern Territory government or the Queensland government have met with us.”
“We’re still waiting for the prime minister to advise whether he’s going to meet with the Special Rapporteur or not.
“And I call on the Prime Minister to actually make himself available to speak with the Special Rapporteur while he’s here in Australia.”
Basic human rights not being met
Special Rapporteurs are tasked with investigating human rights issues.
The delegation of the Special Rapporteur, Dr Albert Barume, sat with tribal Elders, federal government organisations and community groups in Zenadth Kes (Torres Strait) over the weekend.
In the Torres Strait, they’ve heard Elders and community members talk about the ongoing effects of apartheid and colonisation.
Kaurareg Kergne Kuki Mabaig, Haus of Kanamuri Elder Willy Wigness, said he remembers the last Special Rapporteur that visited.
“Government say ‘we respect your lore, customs and tradition’, but it is just tokenism – that’s the kind of talk we had with Albert.
“It’s what government see in their due process as ‘we’re doing this, and it’s enough’, but we’re saying from the grassroots people that’s not enough.”
Kiss said the Special Rapporteur received 120 submissions from Aboriginal and Torres Strait Islander people in the lead-up to his visit, which helped inform his investigations.
“He’s also very aware of the fact that we’ve recently had our universal periodic review, which is an assessment on Australia’s human rights achievement,” the Commissioner said.
“That identified a number of issues for First Peoples.”
Community members shared their harrowing stories of lack of water, health and homelessness.
Anna Solomon said in her community of Mua Island, she could see her local government trying to find solutions to growing water security concerns.
However, she said changing climate and a lack of resources seemed to make it a losing battle.
“Council is still trying to help our people – the strategy is to keep the water flow within the community, so our community can continue to continue to develop,” said Solomon.
“We have distilled water, [but] we are crying out [for water security].”
“With water restrictions, I feel like I’m facing death.
“Sometimes I think about that, and I’ve said that many times to my friends, I think I’m gonna die here because there’s no water.”
Commissioner Katie Kiss said water security and housing conditions were a common grievance in remote Indigenous communities.
“When we were in Broome the other day, it was 47 degrees, and we have communities there with housing that is not up to usual standard ... with no air conditioning,” she said.
“People have talked to us about the lack of infrastructure to ensure that they’ve got adequate drinking water.
“But also water in the context of having access to appropriate health services – a lot of our people are on renal dialysis, they have diabetes.”
Human Rights action needed on obligations
The visit started on 2 November, and tensions are high as the party of the Special Rapporteur was in Townsville on Tuesday.
The Crisafulli government has refused to allow the party into the Cleveland Youth Detention Centre there.
“Human rights advocates across the country have been calling for the federal government to step in,” Commissioner Kiss said.
“We have called for the federal government to hold states and territories accountable to their international human rights obligations.”
Kiss said Senator Malardirri McCarthy was the only federal minister who had met with the Special Rapporteur.
Late last week at a press Conference, Senator McCarthy called on all states and territories to allow the delegation into their youth detention centres.
“To be able to sit down with him, talk through what they’re able to do in terms of Closing the GAP and the national agreement in their jurisdictions,” McCarthy said.
“It is important in my view that the special rapporteur does get to visit those facilities.”
Commissioner Katie Kiss said while Australia had ratified treaties with the United Nations that meant it was obliged to honour its commitment to Human Rights, there were no federal laws legislating that.
“These are the building blocks and the foundations [that Australia needs]: a national Aboriginal structure for engagement for First Peoples, a Human Rights Act nationally, and the full implementation legislatively of the UN Declaration on the Rights of Indigenous Peoples.
“We’ve been calling for those things and [it’s] how many other countries have embedded a human rights delivery.”
Elders in Zenadth Kes emphasised the need for decolonisation, self-determination and control of their lands and future
“We don’t want treaty, we don’t want territory, we want free association,” said Wigness.
“It’s one of them things with the United Nations – free association to choose what nation we want to free associate with.”
In a statement to NITV, the Attorney General Michelle Rowland said the Albanese Government is committed to promoting Human Rights.
“The Commonwealth has worked collaboratively with the states and territories and the UN Special Rapporteur to facilitate communications and support preparations for a successful visit,” she said.
“The decision of the Northern Territory and Queensland to not participate in the visit is a matter for their governments.”
This article was written in collaboration with Torres Strait Islander Media Association.
