Customs, Language Rights On The Table

THE Gillard government is considering six international workplace human rights conventions, including one requiring that jail be considered as a last resort for Aboriginal offenders.

The International Labour Organisation’s Indigenous and Tribal Peoples Convention (1989) also requires “due regard” be paid to indigenous customs when applying national laws and stipulates that Aboriginal children be taught to read and write in their own language as a priority.

A spokesman for Employment Minister Bill Shorten confirmed the conventions were actively under consideration.

“The government is considering these conventions, including working with the states and territories through the Select Council on Workplace Relations, to determine whether they are suitable for ratification by Australia,” he said.

“This process involves undertaking a comprehensive assessment of whether laws in each jurisdiction comply with the requirements of the conventions. Ratification can only take place if all jurisdictions comply with the conventions.”

The five other ILO instruments under consideration are the Labour Inspection (Agriculture) Convention (1969), the Minimum Age Convention (1973), the Occupational Safety and Health (Dock Work) Convention (1979), the Safety and Health in Mines Convention (1995) and the Home Work Convention (1996), which would grant outworkers the same financial rights as other workers.

Article 8 of the Indigenous and Tribal Peoples Convention says that the indigenous shall have the right to retain their own customs and institutions, “where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights”.

Article 9 says that to the extent it is compatible with the national legal system, the methods “customarily practised” by indigenous people for dealing with offences committed by their members shall be respected.

This effectively enshrines tribal payback, which has been highly contentious in Australia.

“The customs of these peoples in regard to penal matters shall be taken into consideration by the authorities and courts dealing with such cases”.

The instrument goes so far as to specifically state that educational measures should be taken “with the object of eliminating prejudices that they may harbour in respect of these peoples”. “To this end, efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of these peoples,” it says.

It specifically says that children shall, wherever practicable, be taught to read and write in their indigenous language.