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This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions.

Australia is a party to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The Convention has been ratified by 170 nations (only the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination Against Women have been ratified by more nations).

We make this statement in our capacity as Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Australian Human Rights Commission and as a Commissioner of the New Zealand Human Rights Commission. Our National Human Rights Commissions are established in compliance with the ‘Paris Principles Relating to the Status and Functions of National Institutions for the Promotion and Protection of Human Rights’ in accordance with General Assembly Resolution 48/134 of 1993.

Welcome to Conference. Thank you for warm welcome, Marjie Cook, and for the opportunity to gather on your land over the next two days to consider the critical issues of identity and justice for the Stolen Generations.

Firstly, with respect I acknowledge that I am here on the Country of the Tharawal People and I say thank you to Marg Cook and other Tharawal members for their warm welcome to participants of this conference on Reparations. A special welcome to my Stolen Generation brothers and sisters and to Commissioner Brian Butler, ATSIC's Social Justice Commissioner who has for many years worked tirelessly for the national inquiry and continues to support the Stolen Generations and their families in so many different ways.

Tena koutou katoa. I have no expert knowledge of the legal or political context in Australia insofar as it applies to indigenous peoples here and even less on the issue of the controversial topic of the stolen generations. It would be utterly inappropriate therefore for me to express any view on the issues particular to this country. What I can do is talk to you a little bit about the process used for investigation into indigenous grievances in New Zealand, the outcomes of such investigations and the considerations which are brought to bear in the process.

The French version of this speech is available from the offices of the Law Commission of Canada, 473 Albert Street, 11th floor, Ottawa, K1A 0H8, and will be available on the web site www.cdc.gc.ca.ù

The first is that the title UNFINISHED BUSINESS happens to be the title of a book in whose authorship I have collaborated. The book's title is UNFINISHED BUSINESS : SOUTH AFRICA, APARTHEID AND TRUTH. You can order the book from a website, details of which you can get from Terry Bell at belnews@wn.apc.org. For every book purchased, the author and I have agreed a free copy will be donated to an NGO.

At the outset, I would like to acknowledge the traditional owners of the land we are meeting on here today the Tharawal people. I acknowledge their ancient and continuing cultures, and the role they play in the life of this region. I also acknowledge those gone before us and those here today, who have suffered at the hands of assimilation policies.

Having said that, I thank the organisers for the opportunity to put to you an honest explanation of the government's position on these important matters.

Acknowledgement of guests from overseas, Parliamentary colleagues, Social Justice Commissioner Mr Bill Jonas, Justice Elizabeth Evatt, ATSIC Commissioners, distinguished guests.

I am pleased to be here today at the Moving Forward: Reparations for the Stolen Generation Conference. I have been following the Moving Forward project by the Public Interest Advocacy Centre, ATSIC and the Human Rights and Equal Opportunity Commission closely and look forward to hearing the outcomes from this project.

I would like to thank the Minister, Philip Ruddock, his Opposition counterpart, Bob McMullan, and Australian Democrats deputy leader, Senator Aden Ridgeway, for their contributions today. It is now my task, on behalf of ATSIC, to give a response to the plans outlined by the major political parties as to how they would move the stolen generations issue forward.

APPENDIX A Court Outcomes for Offences Against The Aboriginal Land Act (NT) Sections 4 and 8 1997 1998 1999 2000 2001 Convicted Not Guilty Withdrawn Convicted Not Guilty Convicted Withdrawn Convicted Withdrawn Withdrawn Indigenous GOULBOURN ISLAND . . . . . . . . . . MANINGRIDA . . . . . . . . . . PORT KEATS . . . . . . . . . . RAMINGINING . . . . . . . . . . YULARA . . . . . . . . . . Indigenous ...

1. The Committee considered the 13 th and 14 th periodic reports of Australia, respectively due in 2000 and 2002, submitted as one document (CERD/C/428/Add.2), at its 1685 th and 1686 th meetings (CERD/C/SR/1685 and 1686), held on 1 and 2 March 2005. At its 1699 th meeting, held on 10 March 2005 , it adopted the following concluding observations.

Response to information paper containing proposals for Commonwealth Age Discrimination Legislation