[1] This is so despite the fact the principal organ of the United Nations, the General Assembly, is comprised of nation states, many of whom have dispossessed and discriminated against their own Indigenous peoples.
[2] This comprehensive report 'Study of the problem of discrimination against indigenous populations' E/CN.4/Sub.2/1986/7,was submitted in five volumes during the years 1981-1984.
[3] As of December 1997.
[4] United Nations Centre for Human Rights, 'The Committee on the Elimination of Racial Discrimination', Fact Sheet No. 12, 1991 at p 2.
[5] Article 9 of ICERD.
[6] Article 14 of ICERD.
[7] McDougall, G 'The International Convention on the Elimination of All Forms of Racial Discrimination (CERD): Toward a Meaningful International Regime', (1997) 40 Howard Law Journal571 at 587.
[8] See for example, The Human Rights and Equal Opportunity Commission, 'Racial Discrimination Act 1975: A Review', December 1995 at Chapter 2.
[9] United Nations, CERD 'Positive Measures designed to eradicate all incitement to, or acts or, racial discrimination. Implementation of the ICERD Article 4', E.85.XIV.2.
[10] See n9 at p25
[11] Banton, Michael 'International Action Against Racial Discrimination', 1996, Clarendon Press Oxford, at p205
[12] See n7 at p 204.
[13] See n7 at p205.
[14] See n7 at p204.
[15] Mahalic, Drew & Joan Gambee 'The Limitation Provisions of the International Convention on the Elimination of All Forms of Racial Discrimination', Human Rights Quarterly 9 (1987) 74-101 at p 99.
[16] See n11 at p100.
[17] Meron, T 'The Meaning and Reach of the International Convention on the Elimination of All Form of Racial Discrimination', 1985 (79) The American Journal of International Law 283 at 298.
[18] See n15 at p 98.
[19] Lerner, Natan ' The U.N Convention on the elimination of all forms of racial discrimination', 1980, Sijthoff & Noordhoof, at p 49.
[20] See n19 at p50.
[21] See n19 at 52.
[22] See n7 at 205.
[23] Human Rights and Equal Opportunity Commission, 'National Inquiry into Racist Violence', 1991, Commonwealth of Australia at p 277.
[24] See n23 at p277.
[25] See n23 at p 297.
[26] See n23 at p297.
[27] See n23 at p 296.
[28] See n15 at p99.
[29] See n9 at p 206.
[30] See n5 at p 30 & 32.
[31] See n7 at 587.
[32] Ninth periodic reports of States parties due in 1992: Australia. 23/09/93 CERD/C/223/Add.1
[33] The legislation actually passed, The Racial Hatred Act of 1995, was substantially amended by the Senate, with the rejection of the criminal provisions (as required by Article 4), relating to extreme hatred and vilification.
[34] The reservation was never removed by the Australian government, and no interpretative declaration to this effect has been made by the Australian government.
[35] See n32.
[36] See n5 at p31.
[37] See n11 at p99.
[38] See n13 at p99.
[39] Weiss, Davis E 'Striking a Difficult Balance: Combating the Threat of Neo-Nazism in Germany While Preserving Individual Liberties', 27 Vand. J. Transnat'l L. 899, 166 at 192.
[40] Wetzel, Juliane 'The Judicial Treatment of Incitement against Ethnic Groups and the Denial of National Socialist Mass Murder in the Federal Republic of Germany' in 'Under the Shadow of Weimar. Democracy, Law, and Racial Incitement in Six Countries' (ed) Greenspan, L & Levitt, C, Praegar, 1993, USA at pp83-106.
[41] See n40 at p85.
[42] See n39 at p 198.
[43] See n40 at p94.
[44] Cromer, Gerald 'Racial Incitement in Israel' in 'Under the Shadow of Weimar. Democracy, Law, and Racial Incitement in Six Countries' (ed) Greenspan, L & Levitt, C, Praegar, 1993, USA at p131 -147.
[45] See n44 at p 138.
[46] Human Rights and Equal Opportunity Commission, 'National Inquiry into Racist Violence' 1991, AGPS, Canberra
[47] See n46 at p 198 - 203.
[48] See n46 at 191 -192.
[49] The history of the organisations, and its impact on the Perth multicultural community is examined in the documentary film' Supergrass', by Jan Mayman and David Bradbury.
[50] These members continue their threats from prison and claim that the association is 'alive and well': The West Australian newspaper, 'Bars can't constrain racist's florid barbs', 25 May, 1999 at p 16.
[51] See n34 at p 200-203.
[52] See n34 at p 201.
[53] See n46 at p194-195.
[54] See n46 at p 223.
[55] See n46 at 78-79.
[56] The leader of the Australian 'Klavern', Mr Peter Coleman, has been associated with the Australian Nationalist Movement and the One Nation Party: The Sydney Morning Herald newspaper , 'Web of Hate: meet Sydney's KKK' by Greg Roberts, 2 June 1999.
[57] See n56.
[58] See n34 at p 224.
[59] http://www.gwb.com.au/gwb/news/photo/phtalk.html
[60] The West Australian 'Cannibal Claim Furore', April 23 1997.
[61] The Age, 'Hanson book claims Aborigines ate their children', 22 April 1997.
[62] See for example, Brennan J 'One Land - One Nation, Mabo - Towards 2001', 199, UQP, Qld.
[63] Hanson, 'Aboriginal land grab was the object of a shameless PR campaign' at http://www.gwb.com.au/onenation/press/041297.html
[64] Human Rights & Equal Opportunity Commission, 'Bringing Them Home: A guide to the findings and recommendations of the National Inquiry into the separation of Aboriginal and Torres Strait Islander children from their families', 1997 at p 33.
[65] 'The UN Draft Declaration on the Rights of Indigenous Peoples' at http://www.gwb.com.au/onenation/press/landttle.html
[66] The West Australian, 'Hanson: I'll quit if I'm wrong on ATSIC', July 18 1998.
[67] Green Left Weekly 'One Nation is racist: the evidence Hanson can't deny', 5 August,1998.
[68] The Australian 'Hanson claims Aborigines are stockpiling weapons' 16 July 1998.
[69] Sydney Morning Herald 'We're armed and ready, says One Nation candidate' 12 June 1998.
[70] The West Australian, 'PM attacks speech over Aboriginal vote', 16 July 1998.
[71] See n59.
[72] See n59.
[73] Aboriginal and Torres Strait Islander Commission ' As a Matter of Fact' at http://www.atsic.gov.au/fact_v_myth/amof/fact99/myth2_2.htm
[74] See n73.
[75] Grattan, Michelle, 'Pauline Hanson's Hijack of John Howard' in 'Two Nations, The Causes and Effects of the Rise of the One Nation Party in Australia', 1988, Bookman Press, Melbourne, at p81.
[76] The Koori Mail, 'Howard finally condemns Hanson's views', 21 May, 1997.
[77] ADC Briefing, 'Farewell Pauline Hanson? A brief note about One Nation and the 1988 election', Vol 2, No.5 December 1998 - January 1999 at p4.
[78] This vote resulted in the flow of more that $3 million taxpayer dollars to the party.
[79] See n46 at p 119-122.
[80] Letter to the HREOC from the Nyungah Circle of Elders dated 23.4.97.
[81] The Aboriginal Independent 'Right Lunacy' June 24, 1998.
[82] The party, whose letterhead was used on the facsimile, denied any connection with it.
[83] See n81.
[84] See n81 'A Nation Fragmented' at p4.
[85] See n81 'Return of Nazism: Elder' at p4.
[86] See n81.
[87] See The Age, 'Racial violence hits far north' by Greg Roberts, 2 June 1999.
[88] See Pritchard, S Sharp, S & Rodrigues, S 'Petitioning the CERD Committee. Individual Complaints under the Racial Discrimination Convention', Australian Human Rights Centre, Human Rights Booklet No2, August 1998.
[89] See the comments of CERD member Mr Diaconu, reported at p5.
[90] See n88 at p 20.
[91] See n88. As of December 1997 only 24 of the 150 parties to CERD have made such a declaration.
[92] Since 1982, CERD has only received 8 communications, and the majority of these were considered inadmissible.
[93] See n88at p 34.
[94] However, this requirement may be waived where 'the application of the remedy is unreasonably prolonged': Article 14(7)(a).
[95] See n88 at 24-28.
[96] See letter from Queensland Chinese Community Voice to the Australian Electoral Commission dated 25 April 19.
[97] 97 CERD General Recommendation I.