intersecre

[image: Tooley]

Alex’s post re Sunshine’s protest pic aligns to some interesting debate on ABC TV last night around Australian’s apathetic attitude towards issues and why it takes a disaster like this week’s Victorian bushfires for action.
I think it’s a cultural thing and today we live under a general atmosphere of fear, lack of initiative and non-risktaking. Sure we have individuals who speak out – and are shot down, but from the most senior levels of Government it’s pretty inspirational. So the general populace bunkers down and thinks about “me and mine”.

It’s a year ago today that Kevin Rudd moved us to tears as he articulately apologised to the traditional owners of Australia.
It’s a significant day …. or should be.

I hoped for much, expected much. I think most did.

Inheriting the baggage of the Howard years is not to be envied. At some time when Peter Garrett could still idealise without actually having to follow through (god bless the seller-outerer) he published on his website the following:

” The Howard Government has won its battle to delay and stymie the adoption of the UN Declaration on the Rights of Indigenous Peoples. The vote to adopt the UN Declaration has been deferred for up to another year by a resolution of the General Assembly. This is the outcome that the Howard Government has been actively campaigning for. This is not a proud moment for Australia – it confirms what the international community already thinks about our human rights record. It is sad that the Howard Government has focused on destabilising 24 years worth of important work and consensus-building in the rights of Indigenous peoples around the world. The Declaration is not legally enforceable, but an aspirational document that sets out ideals and benchmarks for the treatment of Indigenous people. After being adopted by an overwhelming majority of the Human Rights Council earlier this year, it is awaiting adoption by the General Assembly.”

The Declaration ” recognises the wide range of basic human rights and fundamental freedoms of indigenous peoples. Among these are the right to unrestricted self-determination, an inalienable collective right to the ownership, use and control of lands, territories and other natural resources, their rights in terms of maintaining and developing their own political, religious, cultural and educational institutions along with the protection of their cultural and intellectual property. The Declaration highlights the requirement for prior and informed consultation, participation and consent in activities of any kind that impact on indigenous peoples, their property or territories. It also establishes the requirement for fair and adequate compensation for violation of the rights recognised in the Declaration and establishes guarantees against ethnocide and genocide.The Declaration also provides for fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and States, including procedures such as negotiations, mediation, arbitration, national courts and international and regional mechanisms for denouncing and examining human rights violations.” (NACCHO)

……………

So with both the election of the Rudd Government and Sorry Day hopes were high.

In early April 2008 Laura Helm from the Law Institute Victoria wrote to Kevin Rudd – “The LIV calls on the Australian government to inform the General Assembly of the United Nations of its support for the resolution and to adopt the Declaration at the earliest possible opportunity as a further step towards reconciliation with indigenous Australians.” She noted that the”Hon Stephen Smith has announced that the government is now consulting with
stakeholders, including states and territories, about reversing Australia’s opposition to the Declaration.”

Later in the same month Megan Davis, Director, Indigenous Law Centre and Senior Lecturer, Faculty of Law, UNSW said” One major development Indigenous peoples are expecting in the next two weeks is the Rudd government’s long awaited endorsement of the United Nations Declaration on the Rights of Indigenous Peoples.”

Today is the first anniversary of the national apology to the Aboriginal Stolen Generations.

Nicolas Rothwell from the Australian says, “shadowed by financial turmoil and the heavy pall of bushfire smoke. It is shadowed, too, by promises unmet, commitments fading and fine words receding into the murk of time.”

As 2008 progressed it became increasingly obvious that the Declaration would not/ could not be ratified…

On the 24th Sept Chris Graham from Crikey suggested that

” …if Kevin Rudd stands up at the UN and expresses the Australian Government’s support for the UN Declaration, thus meeting his election promise, not to mention his basic moral obligation, he will be laughed out of New York.
It would be akin to the State of Texas signing up to a treaty opposing the death penalty. Or Wilson Tuckey agreeing to be relevant.”

It’s not enough to be articulate Kevin. You need to show courage, inspire a nation to care, to take risks, to do what’s right. Your fine words a year ago will melt into nothingness unless you are prepared to put actions where your mouth is and make ratification a viable option …. perhaps for anniversary #2.