E/CN.4/2002/24/Add.1
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Introduction
A. Purpose of the mission
1.
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. In this connection, it should be recalled that information reaching the
Special Rapporteur referred to 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 Aboriginals among the prison population. The Committee on the
Elimination of Racial Discrimination, in the context of its consideration of the periodic reports
of Australia and its early warning procedure had also drawn the attention of the Australian
Government to the incompatibility of the above-mentioned Australian legislation with
Australia’s obligations under the International Convention on the Elimination of All Forms of
Racial Discrimination, to which it is a party. 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.
B. Progress of the mission
2.
In order to speak to as many people as possible and to familiarize himself with the
situation in each region of Australia, the Special Rapporteur travelled to Sydney
(New South Wales), Cairns (Queensland) in the Torres Strait, Darwin and Alice Springs
(Northern Territory), Melbourne (Victoria) and lastly Canberra (Australian Capital Territory).
Owing to lack of time he was unable to travel to Western Australia, South Australia or
Tasmania. He nevertheless considers that his visit enabled him to gather sufficient information
to give as accurate a picture as possible of Australia regarding the questions relating to his
mandate.
3.
At each stage of his journey he talked to representatives of the Commonwealth
Government and the organs of the various states and territories, including Mr. Philip Ruddock,
Minister for Immigration and Multicultural Affairs, Reconciliation, and Aboriginal and
Torres Strait Islander Affairs, and to representatives of national and local human rights
institutions, including Ms. Alice Tay, President of the Human Rights and Equal Opportunity
Commission, and Mr. William Jonas, Race Discrimination, and Aboriginal and Torres Strait
Islander Social Justice Commissioner. He also met representatives of the Aboriginal and
Torres Strait Islander communities, including Mr. Terry Waia, Chairperson of the Torres Strait
Regional Authority, Dr. Philip Mills, Director of Thursday Island Hospital, Ms. Evelyn Scott,
former Chairperson of the Council for Aboriginal Reconciliation, and Mr. Mick Dodson, Chair,
Australian Institute of Aboriginal and Torres Strait Islander Studies. In addition, he talked to