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Editors --- "Committee on the Elimination of Racial Discrimination: Urgent Action Decision 1(53) concerning Australia - Digest" [1998] AUIndigLawRpr 42; (1998) 3(4) Australian Indigenous Law Reporter 590

UNITED NATIONS
Committee on the Elimination of Racial Discrimination: Urgent Action Decision 1(53) Concerning Australia

11 August 1998

At its 41st session in 1993 the Committee on the Elimination of Racial Discrimination decided to develop early warning and urgent procedures where it considers that there is a particular cause for concern on the basis of actual or potential circumstances. Early warning measures seek to prevent existing problems escalating into conflicts, and include confidence-building measures to identify and support structures to strengthen racial tolerance and solidify peace. Urgent procedures respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the International Convention on the Elimination of All Forms of Racial Discrimination. These procedures operate outside the regular State reporting cycle and are therefore not dependent on a State party having submitted a periodic report for consideration by the Committee on the Elimination of Racial Discrimination. At the end of 1997 the following States were subject of decisions under early warning and urgent procedures: Algeria, Bosnia and Herzogovina, Burundi, Croatia, Cyprus, Democratic Republic of the Congo, Israel, Liberia, Mexico, Papua New Guinea, Russian Federation, Rwanda, The Former Yugoslav Republic of Macedonia, and Yugoslavia.

Decision 1(53)

In view of the terms of art. 9, para. 1 of the Convention, in particular the provision that the Committee may request further information from the States parties, the Committee requests the Government of Australia to provide it with information on the changes recently projected or introduced to the 1993 Native Title Act, on any changes of policy in the State party as to Aboriginal land rights, and of the functions of the Aboriginal and Torres Strait Islander Social Justice Commissioner. The committee wishes to examine the compatibility of any such changes with Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee wishes to consider the information, in the presence of a representative of the State party, at its 54th session (1-19 March 1999) and would therefore appreciate receipt of this information by 15 January 1999.

1287^th meeting

11 August 1998