13 June 2023

The Commission has told the Federal Government that action is needed to implement reforms and meet obligations from the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

In March, Human Rights Commissioner Dr Helen Watchirs told a Senate inquiry that UNDRIP should be included within Federal human rights legislative scrutiny framework; and that a national action plan is needed to enable Aboriginal people to self-determine and meet the needs of their own communities.

“Taking UNDRIP into account requires a commitment to exercise existing powers and discretions with the rights of indigenous peoples in mind,” Dr Watchirs said.

Dr Watchirs said it was regrettable that no concrete steps had been taken at a Federal level to give effect to UNDRIP, which the Federal Government endorsed in 2009.

In its submission, the Commission said that recognising the unique and distinct cultural rights of Aboriginal and Torres Strait Islander peoples in s 27(2) of the ACT Human Rights Act had shaped ACT Government policy and influenced decision-making, including the outcome of litigation against government agencies. “Our submission demonstrated that the principles of UNDRIP can be effectively leveraged to shape policy and practical outcomes,” she said.

“While this has been a modest first step in the ACT — progress is slow if systems and authorities resist real change, real accountability and real self-reflection — there could be benefits from explicitly recognising international human rights norms through application of UNDRIP in national law,” Dr Watchirs said.

The Commission said that further national reform to fully implement rights under UNDRIP would be vital to supporting Aboriginal and Torres Strait islander sovereignty, self-determination and equal inclusion in Australian society.