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“Demeaning” actions

Prof Anaya said that while there was no doubt special efforts were required to combat indigenous disadvantage and abuse of women and children, the intervention’s “broad sweep” went too far and was incompatible with various international conventions, covenants, treaties and declarations.

“Some kind of special measures could be justified but they need to be narrowly tailored to the specific circumstances that exist,” he said.

Compulsory income management and blanket bans on alcohol and pornography were “overtly discriminatory” and further stigmatised already stigmatised communities.

“People who have a demonstrated capacity to manage their income are included,” he said.

“It’s inappropriate to their circumstances but is also, as expressed by them, demeaning.”

The indigenous rights expert was also scathing of federal Labor’s insistence that housing funds would only flow if indigenous communities signed over their land.

“It’s a mistake to assume that indigenous peoples … aren’t capable of taking care of their homes,” Prof Anaya said.

“Indigenous control can be appropriate to indigenous peoples’ development, to their aspirations, to indeed being in control of their lives like all others.”

As for compensation for indigenous people taken from their families by government agencies, the UN rapporteur was unequivocal: “There should be reparations,” he said.

Communities “impressive”

But it wasn’t all negative news for the Rudd Government.

Prof Anaya praised Labor for taking “significant steps” to try and improve the human rights and living conditions of indigenous Australians.

He also congratulated the Government for supporting the UN Declaration on the Rights of Indigenous Peoples earlier this year and officially apologising to the stolen generations in 2008.

There was hope, he said.

“I have been impressed by the strength, resilience and vision of indigenous communities determined to move towards a better future despite having endured tremendous suffering at the hands of historical forces and entrenched racism.”

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Dr Adam, principal of Ridley College, the main Anglican theological college in Victoria, was giving the NSW Baptist Union’s annual lecture at Morling College, at Macquarie Park.

Dr Adam said Christian teaching required either restitution – returning what was stolen, the land – or recompense. If those who arrived after 1788 did not leave, they would need to ask each of the indigenous peoples what kind of recompense would be appropriate. This would be complicated and extensive but must be done or the genocide would be trivialised.

”No recompense could ever be satisfactory because what was done was so vile, so immense, so universal, so pervasive, so destructive, so devastating and so irreparable.” Dr Adam acknowledged that some people had done their best to remedy wrongs, including some government actions, but something ”more drastic” was required.

Dr Adam said churches shared responsibility because the land and wealth of churches came from land stolen from indigenous people. ”The prosperity of our churches has come from the proceeds of crime. Our houses, our churches, our colleges, our shops, our sport grounds, our parks, our courts, our parliaments, our prisons, our hospitals, our roads, our reservoirs are stolen property.”

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