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UN official slams NT intervention

Samantha Hawley reported this story on Thursday, August 27, 2009 18:10:00

MARK COLVIN: A senior United Nations official has slammed the Northern Territory intervention.

Professor James Anaya is the UN's Special Rapporteur on the rights and freedoms of Indigenous peoples.

After 11 days touring Aboriginal communities, he says Aborigines and Torres Strait Islanders are experiencing entrenched racism.

Professor Anaya says the intervention breaches a number of international treaties.

Also today, the Federal Government received a blueprint for a new Indigenous representative body.

The body would replace the failed ATSIC.

The proposal suggests it should operate as a private company and would eventually be financially independent from Government.

But the Government has already ruled out a key element of its required funding.

From Canberra, Samantha Hawley reports.

SAMANTHA HAWLEY: The UN's Special Rapporteur on human rights, Professor James Anaya has just completed an 11 day tour of Indigenous communities.

He wasn't impressed by what he saw.

JAMES ANAYA: Of particular concern is the Northern Territory Emergency Response. These measures overtly discriminate against Aboriginal peoples, infringe their right of self-determination and stigmatise already stigmatised communities.

SAMANTHA HAWLEY: Professor Anaya says the intervention breaches two United Nation's treaties which Australia is a party to and he says it's a mistake to think Aboriginal people can't take care of their own homes, land and money.

JAMES ANAYA: The emergency response is incompatible with Australia's obligations under the Convention on the Elimination of all Forms of Racial Discrimination and the International Covenant of Civil and Political Rights; treaties to which Australia is a party.

SAMANTHA HAWLEY: And his criticism is even more stinging. He points to an entrenched racism in Australia.

JAMES ANAYA: I've been inspired by the strength, resilience and vision of Indigenous communities determined to move toward a better future, despite having endured tremendous suffering at the hands of historical forces and entrenched racism.

SAMANTHA HAWLEY: He also wants Indigenous people to be recognised in the Australian Constitution and for a representative body to be formed.

That desire's a step closer.

This afternoon, five years after the troubled ATSIC was abolished, the Aboriginal Social Justice Commissioner Tom Calma handed over a plans for a new body to the Indigenous Affairs minister, Jenny Macklin.

TOM CALMA: Ms Jenny Macklin, a report

JENNY MACKLIN: Thankyou very much.

(Sound of clapping)

SAMANTHA HAWLEY: At the National Press Club in Canberra Mr Calma outlined a model for the new representative body for, with a 50/50 ratio of men and women and that he wants up and running by October next year.

It'll be made up of a 128 member national congress that will meet yearly to establish policies and it will have an eight member executive council with a chairman and woman.

There'll also be an ethics council to elect members, something Tom Calma's told the Press Club is a must.

TOM CALMA: It could also be argued that maybe a few other corporate entities in Australia need to take on an ethics council so we don't have the problems that we experience more broadly.

(Sound of applause)

SAMANTHA HAWLEY: But unlike ATSIC the body won't be linked to Government, meaning it won't be legislated for, it won't deliver services to Indigenous communities and it won't have any real power.

But Tom Calma says he hopes the government of the day will take its members seriously.

TOM CALMA: At the end of the day whether the government takes notice or not, if we can put up a very sound argument, hopefully we won't get to the situation where we put a fait au comple proposal on the desk. That is something that we will try and influence and work with government.

SAMANTHA HAWLEY: The body's yet to be named.

The Government will foot the bill for its establishment but Tom Calma's plans for the Commonwealth to contribute to a $200 million investment fund for its yearly running has fallen short.

In a statement issued this afternoon that's been rejected by the Indigenous Affairs minister Jenny Macklin.

Tom Calma says the Indigenous representative body has long term, ambitious aims, including to close the gap between Indigenous and non-Indigenous Australians and for Indigenous Australians to be included in the Constitution within 20 years.

TOM CALMA: Can I leave you with one of my favourite versus and that is that we must remember that from self respect comes dignity, and from dignity comes hope.

Thank you.

(Sound of applause)

MARK COLVIN: The Aboriginal Social Justice Commissioner, Tom Calma there, ending Samantha Hawley's report.

PM did contact the Indigenous Affairs minister, Jenny Macklin for interview but she was unavailable for interview.

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