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

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C. In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Advocacy group decries 'hyper-centralization' as States’ share of health funds plummets

By A Representative In a major pre-budget mobilization, the Jan Swasthya Abhiyan (JSA), India’s leading public health advocacy network, has issued a sharp critique of the Union government’s health spending and demanded a doubling of the health budget for the upcoming 2026-27 fiscal year.

Iswar Chandra Vidyasagar’s views on religion as Tagore’s saw them

By Harasankar Adhikari Religion has become a visible subject in India’s public discourse, particularly where it intersects with political debate. Recent events, including a mass Gita chanting programme in Kolkata and other incidents involving public expressions of faith, have drawn attention to how religion features in everyday life. These developments have raised questions about the relationship between modern technological progress and traditional religious practice.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria* Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027. However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra* The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Ganga-Jamuni Tehzeeb: Akbar to Shivaji -- the cross-cultural alliances that built India

By Ram Puniyani What is Indian culture? Is it purely Hindu, or a blend of many influences? Today, Hindu right-wing advocates of Hindutva claim that Indian culture is synonymous with Hindu culture, which supposedly resisted "Muslim invaders" for centuries. This debate resurfaced recently in Kolkata at a seminar titled "The Need to Protect Hinduism from Hindutva."

Drowning or conspiracy? Singapore findings deepen questions over Zubeen Garg’s death

By Nava Thakuria* For millions of fans of Zubeen Garg, who died under unexplained circumstances in Singapore on 19 September last year, disturbing news has emerged from the island nation. Its police authorities have stated that the iconic Assamese singer died while intoxicated and swimming in the sea without a mandatory life jacket.

Search This Blog