Dissenting report from Coalition Members and Senator

Overview

1.1Australia endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2009.

1.2The Declaration (UNDRIP) contains 46 Articles that describe the standard of achievement to be pursued in relation to the rights and interests of Indigenous peoples.

1.3Australia is not legally bound by UNDRIP.

1.4The principles contained in UNDRIP are already found across many Australian, State and Territory initiatives, programs, charters and legislation. However, in Australia there is currently no single or centralised mechanism for implementing UNDRIP.

1.5While the Coalition does not agree with all the Government’s recommendations, the Coalition is committed to working in good faith to close the gap and acknowledges that the JSCATSIA will continue to play an important role.

National Action Plan

1.6During the inquiry the Committee heard of different approaches taken by other signatory nations. There was not a clear benefit to developing a national action plan.

1.7The Coalition does not agree with the need for a formal, structural, regulatory national action plan for the implementation of UNDRIP, and therefore does not support recommendation 2 or 3 of the Government’s report.

1.8A call for a national action plan neglects to mention the existing ways UNDRIP principles are being adhered to or currently reported or mentioned by the UN.

1.9As noted, the principles contained in UNDRIP are already found across many initiatives, programs, charters and legislation, however, in Australia there is currently no single or centralised mechanism for implementing UNDRIP.

1.10For example, there is the work and intent of the Human Rights Commission, the Native Title Act, Land Rights Acts, Indigenous Land and Sea Corporation (ILSC), Indigenous Business Australia (IBA), the Aboriginal Community Controlled Sector, bi‑lingual education, AIATSIS, Indigenous media, Reconciliation Australia, and Close the Gap initiative.

1.11Private entities, including philanthropic, also have an opportunity to affirm their commitment and progress of UNDRIP.

1.12UNDRIP principles also underpin government contracts with independent business.

1.13There are also existing mechanisms that allow for the United Nations to assess, monitor, promote and report on Australia embedding UNDRIP principles. These include:

• The UN Human Rights Council Special Rapporteur who makes recommendations, reports on and promotes best practice and addresses violations.
• The Universal Periodic Review through a peer review process. Australia has been subject to three reviews (2010, 2015 and 2021).
• The UN Human Rights Committee comprising 18 independent experts that monitor adherence to this covenant by UN member countries.
• In 2023 the Australian Government appointed an Ambassador for First Nations People who leads Australia’s international engagement at the UN.

Uluru Statement from the Heart

1.14In 2023 Australians endured a divisive, failed Referendum campaign for an Indigenous Voice to Parliament as expressed in the Uluru Statement from the Heart which called for Voice, Treaty, Truth.

1.15The Statement from the Heart is referenced extensively throughout this report, despite the Voice to Parliament being convincingly defeated at referendum more than a month before its publication. The report does not sufficiently recognise that no single action will likely meet all 46 principles of the UNDRIP.

1.16The rejection of the Voice was not a rejection of Indigenous peoples or of a need to improve the lives of disadvantaged Indigenous peoples. It was a rejection of the referendum proposition.

1.17Recommendation 4 of the Government’s report seeks to recommit the Commonwealth to the Truth and Treaty elements of the Uluru Statement.

1.18The Coalition does not support recommendation 4.

Public Awareness

1.19The Coalition supports Recommendation 5 of the Government’s report, in particular enhancing awareness of Australia’s human rights framework and improving general civics awareness through our education institutions.

1.20The Coalition agrees that increased awareness and education about UNDRIP (and other international human rights covenants) and its intent will lead to greater appreciation, compliance, and reporting.

1.21Educational efforts surrounding the settlement of Australia should include a factually accurate and balanced telling of history. This should detail past injustices and existing gaps, the progress Australia has made, and an acknowledgement of Australia’s development into one of the most egalitarian countries in the world.

Parliamentary Joint Committee on Human Rights

1.22The Coalition does not support recommendation 6 of the Government’s report.

1.23The definition of ‘human rights’ already includes the rights and freedoms recognised or declared by the seven international conventions outlined in paragraph 4.26 of this report. These rights and freedoms are not limited to non-Indigenous Australians and protect Aboriginal and Torres Strait Islander peoples.

1.24The Declaration can and has previously been considered by the Parliamentary Joint Committee on Human Rights (PJCHR) in its analysis of legislation and policy.

1.25The Coalition believes that the PJCHR has the capacity to determine when the Declaration is relevant and should be informally considered.

Dissenting Recommendations of Coalition Members andSenator

1.26The Coalition recommends that when the Commonwealth Government is developing legislation and policy on matters relating to Aboriginal and Torres Strait Islander people (including Closing the Gap initiatives), it considers the Articles outlined in the United Nations Declaration on the Rights of Indigenous Peoples.

1.27The Coalition recommends that the Government consults with established Aboriginal Torres Strait Islander Peoples bodies regarding the application and reporting against the United Nations Declaration on the Rights of Indigenous Peoples, such as through the annual Closing the Gap reporting process to Parliament.

1.28The Coalition supports Recommendation 5 of the Government’s report, in particular enhancing awareness of Australia’s human rights framework and improving general civics awareness through our education institutions.

The Hon. Melissa Price MP

Deputy Chair

Member for Durack

Senator Kerrynne Liddle

Member

Senator for South Australia

Mr Llew O’Brien MP

Member

Member for Wide Bay

22 November 2023