E/CN.4/1998/6/Add.1
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which would imply that the rapporteur of the commissions of inquiry and the
Minister responsible for Aboriginals to whom the report is to be submitted
should be women.
95.
Judge Elizabeth Evatt, in charge of revising the Aboriginal and Torres
Strait Islander Heritage Protection Act, recommended that Aboriginal values
and traditions regarding the protection of information should be recognized in
the law, so that the notion of secrecy is legally recognized and respected,
while allowing for the communication of non-secret information.
96.
With regard to criticism of the protective effects of the law, many
non-governmental commentators pointed out that, as a result of loopholes and
shortcomings in the law, the authorities were able to interfere with the
religion of Aboriginals, who were asked to prove the religious significance of
a site and its importance and to reveal religious secrets. More protective
legislation is required, incorporating Judge Evatt's recommendations,
according to non-governmental representatives, in order to prevent any
impairment of religion and to ensure that discretionary power in the hands of
the authorities, is shared with the Aboriginals.
97.
The protection of lands and sacred sites also raises the issue of
returning objects of religious significance, including sacred objects,
non-sacred but valuable objects, and human remains.
98.
In 1990, the ministers of the Commonwealth, States and Territories
adopted a policy based on the recognition of Aboriginal cultural property,
which gave priority to the return of human remains and cultural property to
the Aboriginals. Legislation was passed for that purpose and other acts were
to be amended. Some Australian museums have returned collections of sacred
objects and valuables, as well as human remains, to their original owners (one
example being the return in 1988 by the Victoria Museum and National Museum of
Australia of the Murray Black collection of some 1,300 objects), while others
have sought to cooperate with Aboriginal communities, particularly by managing
collections and cultural presentations so as to ensure that secret/sacred
items are handled with respect and sensitivity. Nevertheless, the
repatriation of objects held by museums and institutions abroad, especially in
Britain, is slow, despite some improvements. For example, national museums in
the United Kingdom have claimed that difficulties have arisen due to
legislation which prevents the disposal of their collections. In an
interview, the Minister for Foreign Affairs recalled that the Australian
Government's policy was to seek the repatriation of Aboriginal property.
2.
Other areas
99.
Despite the official policy of conciliation towards Aboriginals, the
latter still appear to occupy a marginal place in economic and social areas,
as shown by the frequent occurrences of alcoholism, domestic violence and
unemployment in those communities.
100. In the area of employment, there is said to be a reluctance on the part
of private employers due to mistrust of Aboriginals, who have to fulfil
religious duties, sometimes for long periods of time, for instance on the
occasion of a death or of religious ceremonies. According to this view, it