Treaties Council Meeting Communiqué
7
November 1997
The inaugural meeting of the Treaties Council was held today under the chairmanship of the Prime Minister with Premiers and Chief Ministers in attendance.
At the COAG meeting on 14 June 1996 Heads of Government agreed to the creation of a Treaties Council to enhance consultations between the Commonwealth and the States and Territories on treaties and other international instruments of sensitivity and importance to the States and Territories.
At today's meeting four treaties and one international instrument were considered.
Page Index
- United Nations Convention on the Rights of the Child - Draft Optional Protocol on the sale of children, child prostitution and child pornography
- World Trade Organisation Agreement on Government Procurement
- World Trade Organisation Negotiations on Financial Services
- Draft Declaration on the Rights of Indigenous Peoples
Convention to Combat Desertification
United Nations Convention on the Rights of the Child - Draft Optional Protocol on the sale of children, child prostitution and child pornography
Articles 34 and 35 of the Convention on the Rights of the Child require States parties to protect children from sexual exploitation (including prostitution and pornography), sale, trafficking and abduction. The proposed optional protocol would give greater definition to these obligations and strengthen international mechanisms to help combat child prostitution and other forms of abuse.
With respect to this treaty the Treaties Council:
- supported the Commonwealth in its efforts to promote the development of an Optional Protocol on the sale of children, child prostitution and child pornography; and
- called on the international community to support the timely development and conclusion of an Optional Protocol in the interests of children throughout the world.
World Trade Organisation Agreement on Government Procurement
The World Trade Organisation Agreement on Government Procurement is a plurilateral agreement which aims to bring government purchasing in the markets of signatory parties more fully into the framework of the multilateral trade system. In discussing this treaty the Treaties Council agreed:
- that the collaborative approach between the Commonwealth and the States and Territories to determine the impact of accession to the WTO-AGP would be expanded to include the identification of Australiaís priorities for possible changes to the Agreement;
- that this should involve the Commonwealth providing further information in relation to requirements of the AGP, and the States and Territories assessing the impact of the provisions on their administrations (particularly in relation to the requirements for data collection, tendering procedures and bid challenge processes) and on the States and Territoriesí flexibility in the use of government procurement policies; and
- that individual jurisdictions would complete an initial analysis of the economic and administrative costs and benefits of accession and priority areas for change in the possible Agreement by February next year.
World Trade Organisation Negotiations on Financial Services
The negotiations on financial services in World Trade Organisation aim to improve the capacity of international investors and exporters of financial services to gain access to financial services industries in the signatory states. The Treaties Council agreed:
- that the Commonwealth would maintain close consultation with the States and Territories in the lead-up to the December conclusion of the WTO Financial Services negotiations.
Draft Declaration on the Rights of Indigenous Peoples
The Draft Declaration on the Rights of Indigenous Peoples if adopted by the UN General Assembly will become an international instrument of less-than-treaty status. After consideration of the Draft Declaration the Treaties Council agreed:
- that the Commonwealth would continue to convene regular consultations with State and Territory Governments on the Draft Declaration as it develops and through the Standing Committee on Treaties process; and
- that the practice of including representatives of the States and Territories in the official Australian delegation to Working Group meetings would be continued.
Convention to Combat Desertification
The United Nations Convention to Combat Desertification was discussed and the Treaties Council agreed:
- that, if the Convention is ratified, the Commonwealth would not develop a National Action Programme because Australia already meets any obligations which would arise through a range of measures currently in place or under development;
- that, if the Convention is ratified, Australiaís obligations would not undermine the implementation or development of Commonwealth/State partnership programs and strategies; and
- that, if the Convention is ratified, joint Commonwealth-State consideration of the means by which Australian expertise in dryland management could be better used and exchanged with other nations would be undertaken.
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