Suspend Adani coalmine project till natives are consulted: Australia's UN envoy told

Counterview Desk
Noureddine Amir, chair, United Nations Committee (UN) on Elimination of Racial Discrimination, in a letter to Sally Mansfield, Permanent Representative of Australia to the UN Office, Geneva, has said that, on receiving a complaint from the indigenous people of Queensland province of Australia, it is “concerned” about their land rights, pointing out that the Adani coalmine project in Carmichael and the rail project attached with would displace them.
Seeking to ensure the natives’ “right to consultation and free, prior and informed consent regarding the Carmichael coalmine and rail project”, the top UN official asks the Australia’s UN representative in the letter, which was sent last month, to “consider” suspending the Adani project till they are duly consulted in accordance with the set procedure.

Text of Amir’s letter:

I would like to inform you that in the course of its 97th Session, the Committee on the Elimination of Racial Discrimination considered information received related to the Carmichael Coal Mine and Rail Project in Queensland, Australia, and its impact on the Wangan and Jagalingou indigenous people.
The information received indicates that the Wangan and Jagalingou people have registered native title claim under the Native Title Act 1993 (Native Title Act), which constitutes the recognition of the traditional rights and interests in their ancestral lands. In this regard, the 2017 Federal Court decision McGlade v Native Title Tribunal confirmed that agreements with indigenous peoples on the use of their lands, namely Indigenous Land Use Agreements (ILUAs), require the signatures of all members of the registered native title claimants.
The Committee is concerned about the allegations that the consultation on the ILUA for the Carmichael Coal Mine and Rail Project might not have been conducted in good faith, notably by not including all the members of the Wangan and Jagalingou native title claim group. The Committee is further concerned about the allegations that the development of the Carmichael Coal Mine and Rail Project on the ancestral lands of the Wangan and Jagalingou people does not enjoy the free, prior and informed consent of all their representatives.

Noureddine Amir

The Committee is also concerned that ILUAs could lead to the extinction of indigenous peoples’ land titles. In this regard, the Committee is particularly concerned by the adoption of the Native Title Amendment in 2017, introduced by the government in Parliament, recognizing the validity of ILUAs even when these agreements are not signed by all native title claimants, which appears to be in contradiction with the decision of the Federal Court mentioned above.
Accordingly, the Committee is concerned that, if the above allegations are corroborated, the realization of the Carmichael Coal Mine and Rail Project would infringe the rights of the Wangan and Jagalingou people’ rights that are protected under the International Convention on the Elimination of All Forms of Racial Discrimination.
Therefore, the Committee requests the State party to provide information on the steps taken to:

Ensure the right to consultation and free, prior and informed consent regarding the Carmichael Coal Mine and Rail Project, in accordance with indigenous peoples’ own decision-making mechanisms;
Consider suspending the Carmichael Coal Mine and Rail Project until free, prior and informed consent is obtained from all indigenous peoples, including the Wangan and Jagalingou Family Council, following the full and adequate discharge of the duty to consult.

In this regard, the Committee encourages the State party to consider engaging with the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) that is mandated by the Human Rights Council (resolution 33/25, paragraph 2), to provide States with technical advice on the rights of indigenous peoples and facilitate dialogue between States, indigenous peoples and/or the private sector.
In accordance with article 9 (1) of the Convention and article 65 of its Rules of Procedure, the Committee requests the State party to submit its response before 8 April 2019.
Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of Australia, with a view to ensuring the effective implementation of the Convention.

Comments

The curious case of multiple entries of a female voter of Maharashtra: What ECI's online voter records reveal

By Venkatesh Nayak* Cyberspace is agog with data, names and documents which question the reliability of the electoral rolls prepared by the electoral bureaucracy in Maharashtra prior to the General Elections conducted in 2024. One such example of deep dive probing has brought to the surface, the name of one female voter in the 132-Nalasopara (Gen) Vidhan Sabha Constituency in Maharashtra. Nalasopara is part of the Palghar (ST) Lok Sabha constituency. This media report claims that this individual's name figures multiple times in the voter list of the same constituency.

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857 By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi* This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman* Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu* There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Search This Blog