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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Kennedy, Aileen; Libesman, Terry --- "Editorial" [1989] AboriginalLawB 45; (1989) 1(40) Aboriginal Law Bulletin 2


Editorial

by Aileen Kennedy and Terry Libesman

There is an increasing interest in international forums as a means of promoting and publicising the political and social aspirations of indigenous people. This year the focus for international indigenous issues has been the drafting of a declaration on indigenous peoples' rights in the Working Group on Indigenous Populations (WGIP)[1] and the revision of Convention 107 of The International Labour Organisation (ILO).

A major problem for indigenous peoples has been the UN's historical bias towards inter-State issues and hence the preclusion of indigenous representation at UN forums. The WGIP is the first and only forum within the UN which has provision for direct indigenous participation. Any indigenous person or representative of an organisation may attend the WGIP. Although such participants can be observed and heard, they have no voting rights. Even this level of participation far exceeds that available at the ILO. Representatives from various Aboriginal organisations as well as government representatives attended both forums in June this year.

The question now facing Australians is whether or not to ratify the revised Convention (Convention 169). Geoff Clarke from the National Coalition of Aboriginal Organisations (NCAO) attended the latest ILO meeting and offers a critical appraisal of the Convention and the procedures surrounding it's drafting and adoption. The Declaration of Indigenous Rights is still in the drafting stage. The National Aboriginal and Islander Health Organisation (NAIHO) proposes an amendment to the draft declaration. The Department of Aboriginal Affairs also offers its perspective on both instruments.


[1] WGIP reports to the Sub- Commission on the Prevention of Discrimination and the Protection of Minorities; This SubCommission reports to the Commission on Human Rights which is a functional commission of The Economic and Social Council.


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