Amnesty tells UN: PM Turnbull, not just states and territories, responsible for Indigenous kids’ rights

Amnesty International will tell the UN Human Rights Council this week that Prime Minister Turnbull must stop passing the buck to state and territory governments: he must overhaul the youth ‘injustice’ system so Aboriginal and Torres Strait Islander children grow up in their communities, not behind bars. The message comes just weeks before the Human Rights Council votes on whether Australia will gain a temporary seat on the council.

Tammy Solonec, Amnesty International Australia’s Indigenous Rights Manager, will address the Council meeting on Wednesday.

Ahead of the meeting, Tammy Solonec said:

“The eyes of the UN are on Australia ahead of next month’s vote on the Human Rights Council seat. The UN Special Rapporteur on the Rights of Indigenous Peoples said, on her visit earlier this year, that Australia needed to substantially address Indigenous issues to be a member of the Council.

PM Turnbull buck passing

“Prime Minister Turnbull’s government consistently tries to pass the buck on youth justice, but the Special Rapporteur has been very clear: the Turnbull Government, not the states and territories, is responsible under international law for the soaring rates that Indigenous young people are locked up in children’s prisons, and for the abuses they endure there.”

“This is not only an issue for the Northern Territory Royal Commission: we’ve seen abuses across the country. There have been recent inquiries into youth justice systems in almost every state and territory. It’s time for the Turnbull government to take the lead and commit to a national action plan that will overhaul the youth ‘injustice’ system across Australia.”

“Here is an opportunity for PM Turnbull to show real human rights leadership. Aboriginal and Torres Strait Islander children deserve nothing less,” said Tammy Solonec.

Energetic discussion

Ahead of the session, Amnesty will host a side event with the National Aboriginal and Torres Strait Islander Services (NATSILS) on 19 September. At the event, John Paton Quinn, Ambassador and Permanent Representative of Australia to the United Nations Office, will participate in an energetic discussion with the Special Rapporteur, Ms Victoria Tauli-Corpuz, on the crisis of Indigenous children in the justice system.

Ms Tauli-Corpuz has just released her report on Australia, criticising “the routine detention of young Indigenous children”, as young as 10 years old, at 25 times the rate of non-Indigenous children.

In the report she says, “The current claim by the Government that matters relating to incarceration remain the sole prerogative of states is untenable in the severe and worsens the impact of the national detention crisis on the Aboriginal and Torres Strait Islander peoples. The Special Rapporteur underlines that it is the responsibility of the federal Government to ensure compliance with international human rights obligations.”

Trekking the Larapinta Trail for Amnesty

Earlier this year Tony Wright trekked the Larapinta Trail in the Northern Territory to raise money for Amnesty. Read about his epic journey and find out how you can help us in our fight for human rights.

Making a difference

I love an adventure, a decent physical challenge, an opportunity to visit new places and to meet new people with common interests. If I can do all that and make some positive difference in the world, well, I feel that extra exhilaration.

That is why I took on my third challenge with Inspired Adventures for Amnesty International. My criteria, in the past, has included visiting a country or continent that I have not previously visited. In 2012 I climbed Mount Kilimanjaro and in 2014 I hiked the Inca Trek to Machu Picchu. This year I decided to visit the heart of my own country, taking on the Larapinta Trail.

As a professional and personal coach I encourage others to push their boundaries. So it seems important to me to ‘walk the talk’.

A photograph of the participants of the 2017 Inspired Adventures/Amnesty International Larapinta Trail trek. The image shows a group of men and women standing in the middle of the trail, surrounded by red earth and trees and standing next to a sign that says 'Larapinta Trail, Section 9, Pound Walk, Wading through cold water required.'
The participants of the 2017 Inspired Adventures/Amnesty International Larapinta Trail trek © Tony Wright

Highlights of the trip

What a beautiful place is the centre of our land. Colossal expanses of red and russet rocks enhanced this year by the soft and subtle greens engendered by the once in 50 years rains that fell in February.

A highlight of trekking the Larapinta Trail was the colourful description by an Indigenous community member of how the first peoples learned to live, survive and thrive in such an arid and harsh environment. Speaking simply and with clarity he painted a powerful picture.

Other highlights included:

  • camping at the foot of Mount Sonder provided the most glorious views from the outside dunny!
  • climbing Mount Sonder at night to revel in the sunrise at the top as it created an ever-changing kaleidoscope of colours on the surrounding landscape
  • swimming in bracing but refreshing waterholes.

Our small team of special people had their own reasons for taking the journey over rough and challenging terrain. Each one an inspiration in their own unique way. Gathering around the campfire at night, sleeping out under the stars, sharing walks through breathtaking scenery brought a group of strangers into a special and memorable friendship.

Raising money for human rights

The challenges of fundraising barely seem worth mentioning to enjoy such an experience and yet it is, of course, integral to the whole experience. Fortunately I have found that Amnesty has a special place in many people’s hearts and conscience. When I have sought funds for Amnesty I have met mostly a ready and willing audience. Whether it be standing outside markets with a collection box or approaching colleagues and friends. Putting the emphasis on Amnesty, with warmth and a smile, and taking it away from myself, helped me double the basic target of $3,000.

Another successful way of raising money is to provide a similar experience of an adventure which brings good to others. So a trivia night, a world cup soccer breakfast, a bring and buy sale, a swimathon challenge for swimmers, have all brought in useful funds.

I turned 72 this year, will I do it again? In a heartbeat!

Every dollar you raise for Amnesty makes a difference. Find out how you can get involved today.

UN: Myanmar Rohingya exodus exposes abject failure of world leaders to deliver solution to refugee crisis

  •         More Rohingya refugees have fled to Bangladesh in the space of three weeks than the total number of refugees who fled by sea to Europe in 2016
  •         Worldwide situation goes from bad to worse as rich countries fail to do their part in addressing the refugee crisis, leaving poorer countries to pick up the pieces
  •        Australia must take immediate steps to bring in an emergency intake of Rohingyan refugees, increase the amount of help it has offered to Bangladesh and leverage its military and other ties to pressure Myanmar to stop the slaughter

As almost 400,000 refugees flee ethnic cleansing in Myanmar, world leaders meeting at the UN General Assembly should hang their heads in shame that they have not only failed to make good on their promises to take in more refugees, but have actively dismantled refugee rights in many parts of the world.

A year on from the Leaders’ Summit on Refugees in New York, where leaders pledged to take in more refugees and help vulnerable people forced to flee their countries, global refugee numbers are increasing year on year as conflicts spiral out of control.

“The horrific situation in Myanmar is exactly why we need more than just a sticking-plaster approach to helping those fleeing war and persecution. After being subjected to horrific violence, including killings and having their villages burned to the ground, these Rohingya refugees are now facing a humanitarian crisis as Bangladesh struggles to support them,” said Salil Shetty, Amnesty International’s Secretary General.

The latest evidence published by Amnesty International points to a mass-scale scorched-earth campaign across northern Rakhine State, where Myanmar security forces and vigilante mobs are burning down entire Rohingya villages and shooting people as they try to flee. In legal terms, these are crimes against humanity – systematic attacks and forcible deportation of civilians.

As a consequence, in the space of less than three weeks, almost 400,000 Rohingya refugees have fled Myanmar to Bangladesh. This is more than the total number of refugees who came to Europe by sea in 2016.

“Poor and low-income countries such as Bangladesh, Uganda and Lebanon are left struggling to deal with huge numbers of refugees, when rich countries who host far fewer should be stepping up to provide aid and resettlement places. Leaders of rich countries prefer to pretend the problem does not exist. What will it take for governments to wake up to the reality that their response to the global refugee crisis is totally broken?” said Salil Shetty.

Government failures go from bad to worse

At last year’s Summit on Refugees, convened by former US President Barack Obama, governments pledged to take in more than 360,000 refugees – doubling the number of places offered in 2015.

While these pledges represented an increase, they were based on the whim of governments rather than on the needs of the people they were purporting to help.

Since the Leaders’ Summit, many governments have not only failed to meaningfully address the growing refugee crisis, but have outdone each other in trying to dismantle refugee rights and have failed to respond to new crises around the world.

One prominent example is the USA, which under President Trump is now reversing Obama’s pledge to take in 110,000 people in 2017 and instead capping the numbers at 50,000, and potentially taking in even fewer refugees in 2018.

“The USA’s policy towards refugees has to be viewed in a global context. In the shadow of Trump’s cruel policies, other countries around the world have continued to dehumanise refugees and turn their backs on them,” said Salil Shetty.

“Whether it’s the EU condemning refugees to abuse and exploitation at the hands of criminal gangs in Libya, or Australia subjecting refugees to severe physical and psychological damage in its offshore detention centers, rich countries have contributed substantially to the alarming deterioration of refugee rights.

“It is against this backdrop of governments’ callous treatment of people fleeing conflict and violence that the world’s fastest growing refugee crisis is unfolding before our eyes in Bangladesh.”

World leaders gathering in New York for this year’s UN General Assembly are expected to discuss the spiraling situation in Myanmar’s Rakhine State, from where the long-persecuted Rohingya population have been forced to flee because of an unlawful and totally disproportionate military response to attacks by a Rohingya armed group.

“Instead of attending summits to shake hands with each other and make promises they don’t intend to keep, heads of state should show some leadership,” said Salil Shetty. “That means delivering a comprehensive plan to protect civilians in conflict, ending crimes against humanity and implementing proper solutions for refugees such as the Rohingya who are in a desperate situation.

“In case they have forgotten, this is what the United Nations is for.”

From Bhutan to Australia: one refugee’s inspiring story

Ratan Gazmere, a former refugee now living in Australia, was arrested, tortured and imprisoned in 1989 in Bhutan. Just two letters – ‘A’ and ‘I’ – traced on his wife’s back sparked a campaign that eventually freed him and hundreds of others.

Detained without trial

Ratan Gazmere and five other men were arrested in November 1989 in Bhutan, accused of treason, tortured and detained without trial. Placed in solitary confinement, the men were told to expect to spend the rest of their lives in prison.

Their crime? Distributing pamphlets critical of the Bhutanese Government’s repressive cultural integration policy. The policy imposed northern Bhutanese cultural norms, including a dress code, on Nepali-speaking southerners. It sparked mass unrest, with thousands of Nepali speakers fleeing the country.

Contacting Amnesty

Eventually allowed a visit, Ratan saw his wife Gauri again for the first time in the presence of a police official. Sitting beside her and shielded from view, he repeatedly traced the letters ‘A’ and ‘I’ on Gauri’s back. Initially puzzled, friends later suggested to Gauri that Ratan might want her to contact Amnesty International – which she did immediately.

That act sparked a campaign that mobilised thousands of Amnesty members. In 1990, Ratan was declared a prisoner of conscience. The following year he became our ‘prisoner of the month’ – one of our earliest membership action campaigns.

Freedom

The campaign had a decisive impact, recalls Gauri. “I learned that hundreds and thousands of letters were arriving in the capital’s post office in support of Ratan.”

A letter from Ratan himself finally made it to Gauri in November 1991.

“Following the 1991 prisoner of the month campaign,” says Ratan, “the pressure mounted on the Bhutanese Government on my behalf, which resulted in improved treatment and earlier release from prison.”

Ratan was freed in December 1991.

Settling in Australia

In January 1992, Amnesty International visited Bhutan for the first time. One month later, the King of Bhutan declared an amnesty, releasing 313 political prisoners. The government also banned the use of shackles in prisons and invited the International Committee of the Red Cross to visit Bhutan’s prisons regularly.

Following his release, Ratan and Gauri left for the refugee camps in Nepal.

There, he worked for the rights of Bhutanese refugees, living as a refugee for 18 years before finally settling in Australia. He has worked with international and local NGOs and continues to work for refugee rights as an Amnesty International member.

Myanmar: New evidence shows scorched-earth campaign fuels ethnic cleansing of Rohingya from Rakhine State

    • More than 80 sites set ablaze in orchestrated campaign since 25 August
    • More than 370,000 Rohingya fled across border in less than three weeks
    • Testimonies show attacks were planned, deliberate and systematic
    • In legal terms, these are crimes against humanity
    • Australia must take immediate steps to bring in an emergency intake of Rohingyan refugees and leverage its military ties to pressure Myanmar to stop the slaughter

Amnesty International can reveal new evidence pointing to a mass-scale scorched-earth campaign across northern Rakhine State, where Myanmar security forces and vigilante mobs are burning down entire Rohingya villages and shooting people as they try to flee.

Accordingly, the organisation is calling on the Australian Government to take immediate steps to bring in an emergency intake of Rohingyan refugees, and leverage its military ties and other connections to put pressure on Myanmar to stop the slaughter and ensure humanitarian and independent investigators access to northern Rakhine state.

“This is a crisis in our own region, the Australian Government must do everything in their power to put pressure on the Myanmar Government,” said Michael Hayworth, Campaigns Manager at Amnesty International Australia.

“This is a crisis in our own region, the Australian Government must do everything in their power to put pressure on the Myanmar Government” Michael Hayworth, Campaigns Manager, Amnesty International Australia.

Amnesty International’s analysis of active fire-detection data, satellite imagery, photographs and videos from the ground, as well as interviews with dozens of eyewitnesses in Myanmar and across the border in Bangladesh, shows how an orchestrated campaign of systematic burnings has targeted Rohingya villages across northern Rakhine State for almost three weeks.

“The evidence is irrefutable – the Myanmar security forces are setting northern Rakhine State ablaze in a targeted campaign to push the Rohingya people out of Myanmar. Make no mistake: this is ethnic cleansing,” said Tirana Hassan, Amnesty International’s Crisis Response Director.

“There is a clear and systematic pattern of abuse here. Security forces surround a village, shoot people fleeing in panic and then torch houses to the ground. In legal terms, these are crimes against humanity – systematic attacks and forcible deportation of civilians.”

Mass-scale targeted burning

Amnesty International has detected at least 80 large-scale fires in inhabited areas across northern Rakhine State since 25 August, when the Myanmar army launched a military operation following attacks on police posts by the armed group Arakan Rohingya Salvation Army (ARSA). Satellite sensors during the same month-long period over the past four years detected no fires whatsoever of this magnitude anywhere in the state.

The fires have been detected across large swathes of predominantly Rohingya areas within Rakhine State. While the extent of the damage cannot be independently verified on the ground, due to access restrictions by the Myanmar government, they are likely to have burned down whole villages, forcing tens of thousands to flee in terror. Amnesty International has matched satellite images of the burnings to eyewitness testimony and images of homes being torched.

The true number of fires and extent of property destruction is likely to be much higher, as cloud cover during the monsoon season has made it difficult for satellites to pick up all burnings. Additionally, smaller fires will go undetected by environmental satellite sensors.

Satellite images from the village tract of Inn Din, a mixed ethnic area in south Maungdaw, clearly show how an area of Rohingya homes have been burned to the ground, while non-Rohingya areas alongside them appear to have been left untouched.

Amnesty International spoke to a 27-year-old man from Inn Din who described how on 25 August the army, accompanied by a small group of vigilantes, surrounded the village and fired into the air, before entering and firing at random on Rohingya residents as they were fleeing. He said he hid in a nearby forest and watched as the military stayed for three days in the village, looting and burning homes.

The same has been true of urban areas, as satellite images show how the predominantly Rohingya neighbourhoods in Maungdaw town have been completely torched while other areas of the town remain unscathed.

Systematic and coordinated attacks

Rohingya eyewitnesses inside Rakhine State and refugees in Bangladesh describe a chilling modus operandi by the security forces. Soldiers, police and vigilante groups sometimes encircle a village and fire into the air before entering, but often just storm in and start firing in all directions, with people fleeing in panic.

As surviving villagers desperately try to leave the area, security forces torch houses using petrol or shoulder-fired rocket launchers.

One 48-year-old man said that he witnessed army and police storm into his village of Yae Twin Kyun in northern Maungdaw township on 8 September: “When the military came, they started shooting at people who got very scared and started running. I saw the military shoot many people and kill two young boys. They used weapons to burn our houses. There used to be 900 houses in our village, now only 80 are left. There is no one left to even bury the bodies.”

“When the military came, they started shooting at people who got very scared and started running. I saw the military shoot many people and kill two young boys. They used weapons to burn our houses. There used to be 900 houses in our village, now only 80 are left. There is no one left to even bury the bodies.”

Amnesty International has been able to corroborate the burning by analyzing photographs taken from across the Naf River in Bangladesh, showing huge pillars of smoke rising inside Myanmar.

A Rohingya man who fled his home in Myo Thu Gyi in Maungdaw township on 26 August said:

“The military attacked at 11am. They started shooting at houses and at people, it went on for around an hour. After it stopped I saw my friend dead on the road. Later at 4pm the military started shooting again. When people fled, they burned the houses with bottles of petrol and rocket launchers. The burning continued for three days. Now there are no homes in our area – all are burned completely.”

“When people fled, they burned the houses with bottles of petrol and rocket launchers. The burning continued for three days. Now there are no homes in our area – all are burned completely.”

Using satellite-detected fire data, Amnesty International was able to confirm large-scale fires in Myo Thu Gyi on 28 August.

Disturbingly, in some areas local authorities appear to have warned local villages in advance that their homes would be burnt, a clear indication that the attacks are both deliberate and planned.

In Kyein Chaung, in Maungdaw township, a 47-year-old man said the Village Administrator gathered the Rohingya villagers and informed them that the military might imminently burn their houses and encouraged them to seek shelter outside the village by the neighbouring river bank.

The next day, 50 soldiers came through the village from two sides, approached the Rohingya on the river bank and began to shoot at random as people panicked and ran, although there were few options for escape for those who could not swim across the river. The soldiers began targeting men in the group, shooting at close range and stabbing those who had not managed to flee.

One eyewitness from Pan Kyiang village in Rathedaung township described how in the early morning on 4 September the military came with the Village Administrator: “He said by 10am today we had better leave, since everything would be set on fire.”

As his family was packing up their belongings he saw what he described as a ‘ball of fire’ hitting his house, at which point they fled in panic. Villagers who hid in a nearby paddy field witnessed soldiers burning houses using what appears to be rocket launchers.

Myanmar authorities have denied its security forces are responsible for the burnings and have somewhat incredibly claimed that Rohingya have been setting fire to their own homes.

“The government’s attempts to shift the blame to the Rohingya population are blatant lies. Our investigation makes it crystal clear that its own security forces, along with vigilante mobs, are responsible for burning Rohingya homes,” said Tirana Hassan.

Amnesty International has also received credible reports of Rohingya militants burning the homes of ethnic Rakhine and other minorities, however, the organization has so far been unable to verify or corroborate these.

Hundreds of thousands on the run

The United Nations estimates that violence and burning of villages has forced more than 370,000 people to flee from Myanmar’s Rakhine State into Bangladesh since 25 August. Tens of thousands more are likely displaced and on the run inside the state. This is on top of some 87,000 people estimated to have fled in late 2016 and early 2017 during a large-scale military operation in the state.

“The numbers speak for themselves – it is no exaggeration to say that almost half a million Rohingya have had to flee their homes in just under a year. The crimes committed by security forces must be investigated and perpetrators held to account. Ultimately, Myanmar must also end the systematic discrimination of Rohingya which lies at the heart of the current crisis,” said Tirana Hassan.

“It’s time for the international community to wake up to the nightmare the Rohingya are living through. The preliminary evidence points to these attacks being calculated and coordinated across multiple townships. There must be much more pressure on Aung San Suu Kyi and Myanmar’s military leadership who are still carrying out abuses to end this carnage.

“In a few days Myanmar will be discussed at the UN Human Rights Council. This is an opportunity for the world to show that it has grasped the scope of the ongoing crisis and adopt a strong resolution to reflect this. The Council must also extend the mandate of the international Fact Finding Mission, which the Myanmar authorities should offer their full cooperation to.”

Getting ready for Q4: Join the last webinar of 2017!

Human rights issues are front and centre in the public debate in Australia right now. We have the opportunity to make real human rights change in the last three months of 2017.

Our activist webinar will provide updates on all of our campaigns with a focus on what action groups and individuals can do to make change. Its interactive, so you can have your burning questions answered! This webinar is aimed at Group Convenors and other activist leaders, but we’re happy to have group members and interested individuals come along.

  • On November 17 Royal Commission releases its report into Don Dale. This is a key moment that we need to be ready for to ensure that we reduce the outrageously high number of indigenous kids in detention. Our action groups and activists have been working tirelessly on this campaign and we are seeing real change. Let’s make the focus the Royal Commission brings count.
  • From September to early November the postal plebiscite on marriage equality is occurring. Our movement needs to support the push for marriage equality to ensure that equal treatment for everyone under the law.
  • From November 25 we’ll be participating in Amnesty’s global letter writing marathon Write for Rights.  We need work in solidarity with our international movement to ensure great outcomes for these cases.

Find out how you can be part of these campaigns on Wednesday September 20 at 7.30pm at our final campaign webinar for 2017.

RSVP HERE

Forming the National Women’s Rights Network

By Marsha Reid, Convenor of the WA Women’s Rights Group

Amnesty has done incredible work over the years championing women’s rights, and I was honoured to have the opportunity to strengthen the organisation’s work and commitment to women’s rights and consequently shape its strategic direction at this year’s National Annual General Meeting (NAGM).

NAGM is one of Amnesty International Australia’s most important decision-making meetings. It’s a chance to meet other supporters and members who make up the grassroots movement, learn more about Amnesty’s work and vision and acquire knowledge and new skills in governance. It’s also a chance to have a say in the organisation’s future direction — for example by electing board members, or asking Amnesty to consider taking a position or action on a local, national, or global issue.

Coming together for women’s rights

As Convenor of the WA Women’s Rights Group, I couldn’t bypass the opportunity to participate at NAGM and ask AIA to strengthen the organisation’s work advancing women’s rights.  My desire to ask was driven by the challenges I faced building the WA Women’s Rights Group’s skills and capacity for robust grassroots activism and advocacy. The WA Women’s Rights Group felt that in 2017, it was important that AIA once again develop a dedicated women’s rights campaign (like it had in 2014 during the Stop Violence Against Women campaign) in addition to supporting our current activism and advocacy.

However, heeding the idiom ‘strength in numbers’, we decided early in the year to reach out to Amnesty women’s rights groups and activists from other regions — such as Victoria, the ACT, and Tasmania — to see if they a) had similar experiences, challenges, and opinions and b) wanted to work with us as a unified group and collectively ask AIA to strengthen its continued support and commitment to women’s rights.

We quickly discovered both consensus and excitement to have our voices heard collectively as women’s rights activists.

Subsequent conversations, networking, and burgeoning friendships led us to establish the AIA National Women’s Rights Network in April 2017. The Network is a forum for Amnesty women’s rights activists across Australia to communicate, collaborate, share ideas, and support one another as we promote and defend women’s rights locally, nationally, and globally.

Taking resolutions to NAGM

We drafted and submitted for consideration two resolutions asking AIA to support the Network and Amnesty women’s rights groups in our work defending women’s rights, effectively implement a clear gender mainstreaming policy to be applied to relevant AIA activities, and consult with the Network and other relevant stakeholders to create a national priority campaign for women’s rights following the 2020 Vision.

The process of drafting and submitting our resolutions to NAGM was truly a collaborative effort. Numerous email chains, phone calls, face to face meetings, and late evening (or early morning) teleconferences tell the story behind those resolutions!

But none of that prepared us for the incredible amount of respect and support that Network member Jen Guha and I received when we attended NAGM and presented the Network’s resolution to members, supporters, and the National Board. The interest in and enthusiasm for our resolutions was humbling, and when they were passed by consensus, it was the culmination of several month’s hard work and a huge win for Amnesty women’s rights activists.

A unified movement

It was over the course of NAGM that I realised NAGM is so much more than a decision-making meeting about the processes and structures of AIA.  NAGM is about the incredible awe-inspiring people I met from all walks of life across the country, working together towards a common cause. It is these people who make up AIA’s amazing movement — a movement whose strength lies in its numbers and diversity, unified by its passion and commitment to defending human rights.

While I am honoured by the opportunity to attend NAGM and shape its direction with regards to women’s rights, I am even more honoured to be part of such a mass movement of people. And it all started because of the desire to ask.

10 years since the UN Declaration on the Rights of Indigenous Peoples

Ten years ago this month, the United Nations adopted one of its most meaningful global instruments in protecting the rights of Indigenous peoples everywhere: the Declaration on the Rights of Indigenous Peoples.

The adoption of the Declaration was pivotal in recognising the rights of Indigenous peoples on an international scale. It is the only international body of work created ‘by the people for the people’ which recognises and celebrates Indigenous culture, identity, language and contributions to land. It is unique in granting Indigenous peoples both collective and individual rights. The Declaration sets the foundation for the minimum standards required for the survival, dignity and wellbeing of Indigenous populations globally.

It was, therefore, very disappointing for Aboriginal and Torres Strait Islander peoples that Australia was one of only four countries, out of 148 altogether, to vote against the Declaration in 2007. It wasn’t until 2009 that a new Federal government signed Australia up to the Declaration.

In the last eight years, Australian academics, politicians and the general public have grown to accept the Declaration as an influential document. Australia, however, has a long way to go towards implementing the Declaration, and to show its commitment to Aboriginal and Torres Strait islander peoples.

Australia could learn a lot from some South American states, such as Bolivia, which have embedded parts of the the Declaration directly into their Constitution to ensure protection of such rights as self-government and self-determination. Colombia, Peru, and Ecuador have also made similar changes. Similarly, in Africa, the Republic of Congo passed a law in 2011 protecting the Babongo and Baaka peoples, enshrining many of the provisions of the Declaration.

Tammy Solonec in Geneva

I’m very honoured to be representing Amnesty at the celebration of the 10th anniversary of the Declaration in Geneva this month, at the ​​​​​​​​​​36th session of the Human Rights Council.

I’m joining Karly Warner, the Executive Officer from the National Aboriginal and Torres Strait Islander Legal Services (NATSILS), and together we are holding a side event about Indigenous youth justice.

Our children are locked up at 25 times the rate of non-Indigenous children, and are abused in detention in every State and Territory in this country. This is a topic of crucial importance to our people, and was a key issue outlined by the Special Rapporteur on the rights of Indigenous peoples, Victoria Tauli-Corpuz, when she visited Australia in March this year. In her end of mission statement regarding the trip, she wrote:

“It is completely inappropriate to detain these [Indigenous] children in punitive, rather than rehabilitative, conditions. They are essentially being punished for being poor and in most cases, prison will only aggravate the cycle of violence, poverty and crime. I found meeting young children, some only twelve years old, in detention the most disturbing element of my visit.”

Ms Tauli-Corpuz’ full report and findings have now been released.

Our aim in Geneva is to pressure the Australian Federal Government to develop a National Action Plan on youth justice. Prime Minister Turnbull can no longer dodge Australia’s human rights obligations by continuing to say this is an issue for the States and Territories to deal with.

The problems revealed through the Royal Commission into the Protection and Detention of Children in the Northern Territory are not limited to the NT. The ‘injustice’ system is hurting our kids across the nation, with abuses exposed recently in Cleveland Youth Detention Centre in Queensland, Barwon in Victoria, Reiby in New South Wales, Bimberi in the ACT and most recently the Banksia Hill Detention Centre in Western Australia.

Amnesty and NATSILS have submitted a statement to the UN with these recommendations the Australian Government:

  • raise the age of criminal responsibility to at least 12 and address laws that breach children’s rights in all States and territories of Australia;
  • end detention of children who have not yet been sentenced;
  • ensure treatment and conditions in youth prisons provide children with the best chance to thrive;
  • prioritise investment in early intervention, prevention and diversion to address the underlying causal factors of offending and ensure detention is a last resort;
  • improve data collection; adequately fund Indigenous community-controlled legal services; and
  • set targets to end the overrepresentation of Indigenous children in prison.

We will be demanding the Federal Government hear the message from across the country, and from Geneva, that enough is enough — it is time for justice for Aboriginal and Torres Strait Islander children everywhere.

Ten years on: Declaration on the Rights of Indigenous Peoples

This week marks ten years since the United Nations passed its Declaration on the Rights of Indigenous Peoples.

The Declaration recognises Indigenous Peoples have the right of self-determination, to live in freedom, peace and security and to ensure their cultural traditions exist into the future.

Les Malezer, an Australian Aboriginal and Coordinator of the Global Indigenous Peoples Caucus in 2007, addressed the UN General Assembly on behalf of the World’s Indigenous Peoples at the time.

A moment to remember

I can clearly remember 13 September 2007 when the Great Hall at the UN Headquarters in New York erupted in shouts, clapping and high emotions as the final vote count on the Declaration was locked in place.

It was a moment to remember.

Suddenly, the delegations from governments and Indigenous Peoples from around the world came together, as decades of tough negotiations ended.

Personally, I breathed a deep sigh of relief.

It was the last item of business for the 61st session of the General Assembly and, until this vote was finally cast, no one was absolutely certain that the milestone would be reached.

Suddenly, the delegations from governments and Indigenous Peoples from around the world came together, as decades of tough negotiations ended.

Room for improvement

Ten years on from that moment, though, it is clear the Declaration is still to achieve its full potential.
Three years ago, when the General Assembly met for the World Conference on Indigenous Peoples, the delegations of Indigenous Peoples and UN Member States once again came together to consider the Declaration.

This time the resolution was a solemn statement to do more to respect the rights of Indigenous Peoples, with members pledging to commit to specific actions to achieve the ends of the Declaration.

One of the first commitments was to work with Indigenous Peoples through their own representative institutions to ‘obtain their free prior and informed consent’ before adopting any measures that may affect them. Members then pledged to work with Indigenous Peoples to develop and implement national action plans to achieve the rights enshrined in the Declaration.

These sort of commitments continued throughout the resolution with tenacity and without ambiguity. But for me, one of the most important was the commitment to establish ‘fair, independent, impartial, open and transparent processes’ to determine the rights of Indigenous Peoples to lands, territories and resources.

There is much to do but the UN member States’ commitment to good faith must account for something to those who seek to govern in the future.

Equality and discrimination

There are still disputes between states and Indigenous Peoples over ownership of lands and rights to resources. In some ways these disputes are more volatile now, with leaders of Indigenous Peoples facing threats to their lives.

Measures to respect, promote and protect rights already appear in the Declaration. It is a desire for decisive actions to boost the rights withheld from Indigenous Peoples that drives the latest resolution.

Reflection and hope

On 13 September 2017 we get to reflect on the past ten years, with the hope that the Declaration is making an important difference in the political struggle for rights of Indigenous Peoples.

It is indeed a different state of affairs because a decade later we stand with firm understanding of right and wrong, equality and discrimination.

There is much to do but the UN member States’ commitment to good faith must account for something to those who seek to govern in the future.

Rohingya crisis: Australia must bring in emergency intake of refugees, provide clarity on military training

Amnesty International is calling on the Australian Government to dig deep and take immediate steps to bring in an emergency intake of Rohingyan refugees and clarify the training Australia is providing to the Myanmar military.

“Bangladesh cannot do this on its own, Australia must provide humanitarian assistance and take immediate steps to bring in an emergency intake of Rohingyan refugees,” said Michael Hayworth, Campaigns Manager at Amnesty International Australia.  

“The recent record of Australia resettling persecuted Rohingya from this region has been nothing short of shameful, with only 37 people resettled since 2013.

“The Australian Government has stepped up in times of crisis in the past, they should do it again now. This is not the time for diplomat speak. This is the time for concrete action. Australia must take responsibility and show leadership. They have an important role to play in protecting the Rohingyan people.”

Amnesty International is also calling on the Australian Government to provide clarity around the training they are providing to the Myanmar Military.  

“The current crisis and violence calls for some hard lines to be drawn in the sand by the Australian Government. Is Australia prepared to continue to provide assistance to the Myanmar military when we know that what is happening in Myanmar may amount to crimes against humanity?” said Michael Hayworth.

“While Amnesty International certainly welcomes the $5 million committed by Australia to help ease the refugee crisis, this gesture is clearly inadequate given Australia’s role as one of the key countries in the region.

“This is a crisis in our own region, the Australian Government must do everything in their power to put pressure on the Myanmar authorities to end the violence and persecution against the Rohingya people and to allow humanitarian access to Rakhine state.”

Amnesty International’s researchers have been on the ground in Bangladesh and Myanmar see below for our latest reports.

10 September: Myanmar: New landmine blasts point to deliberate targeting of Rohingya

9 September: Myanmar: Army landmines along border with Bangladesh pose deadly threat to fleeing Rohingya