E/CN.4/2002/24/Add.1 page 2 Summary At the invitation of the Australian Government and pursuant to Commission on Human Rights resolution 2000/14 (III) of 17 April 2000, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance undertook a mission to Australia from 22 April to 10 May 2001. The purpose of this mission was to enable the Special Rapporteur to evaluate the impact, on the various components of the Australian population, of legislation and governmental policy in the area of action to combat racism, racial discrimination and xenophobia. Particular stress was laid on the situation of the Aboriginal peoples and the Torres Strait Islanders, especially in the light of the information reaching the Special Rapporteur concerning the discriminatory character of the Native Title Amendment Act 1998. Other information related to the difficulties in the process of reconciliation between Indigenous and non-Indigenous inhabitants, and the discriminatory nature of the laws on mandatory sentencing enforced in Western Australia and the Northern Territory, which had led to an excessive percentage of young Aboriginals among the prison population. The Special Rapporteur also wished to examine in situ the policy of multiculturalism underlying Australia’s immigration policy and the social cohesion of the country. At the end of his visit, the Special Rapporteur noted that substantial efforts had been made by the Australian Government to end racism and racial discrimination. A number of institutions - anti-discrimination commissions or human rights and equal opportunity commissions - have been established at the federal level and in the federated states to combat these phenomena. Programmes aimed at improving the living conditions of the Indigenous peoples exist, even if they have not yet succeeded in producing the desired results. Recognition of ethnic diversity and the promotion of inter-ethnic harmony undoubtedly constitute an ideal policy for consolidating the Australian nation, provided it does not waver under the influence of electoral considerations. In addition, the question of reconciliation with the Aboriginal peoples remains outstanding, because it affects the foundations of the Australian State and conflicting cultural values. For the Aboriginals, despite the democratic foundations of the Australian State and its desire to incorporate all its ethnic components on an egalitarian basis, this State is a manifestation of colonization, whose consequences remain to this day, notably through the limitation of their land rights, the tragedy of the abducted children, cultural clashes and highly precarious living conditions outside the wealth of the majority of Australians. In their view, the resolution of conflicts is dependent on negotiation on equal terms between Australia’s governors and those who originally possessed the continent, the eminent owners of the Australian lands, of which they have been dispossessed, particular account being taken of their indissoluble links with the land. The land question remains crucial and is the key to the Australian problem. The Commonwealth Government and the dominant political forces mainly take a forward-looking approach which, while envisaging the possibilities of remedying the consequences of past actions, wishes to reduce their effects on the building of a new nation. There is undoubtedly a medium-term character in the positions displayed by the various protagonists, and the Australian people has on many occasion succeeded in finding the catalysts for dialogue in order to restore confidence and ensure peaceful coexistence.