Additional comments from Senator Dorinda Cox

1.1First Nations peoples across this nation have never ceded their sovereignty. All throughout the history of colonisation, First Peoples have survived against all odds. This strength and resilience must be highlighted and culture celebrated in the context of the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

1.2The Australian Greens strongly believe that the implementation of UNDRIP into Commonwealth Law and the creation of a legislated framework must be a priority for the Federal Government and pursued as a matter of urgency. There is a desire for this from stakeholders, industry and community, as many of them are already commencing this work where they can. The Federal Government has a central role to play in leading this, providing incentives and a framework for this widespread implementation to occur.

1.3A prime example of this is how the Murray Darling Basin plan can be reviewed and amended to respect First Nations water rights and allow for cultural flows, which are distinct from environmental flows. The importance of water in First Nations culture is directly linked to the wellbeing of both individuals and communities, the protection of this is vital in the implementation of UNDRIP.Fundamentally UNDRIP contains four key principles:

• self-determination;
• participation in decision-making;
• respect for cultures and the protection of culture; and
• equality and non-discrimination.
  4. These four principles must be at the core of the implementation of UNDRIP at all levels and organisations. As the Chair’s report states, the nature of UNDRIP means that there are many ways it can be implemented both within Governments and in the private sector. These principles offer guidelines for organisations and entities to come back to as they are implementing the rights contained within UNDRIP.
  5. The Australian Greens were the first party to endorse the Uluru Statement from the Heart and we remain committed to its implementation. The Voice to Parliament referendum campaign and the result on 14 October 2023, has shown the clear need for truth telling processes at a Federal level. This must be independent, co-designed and self-determined by First Nations people and pursued with respect to the inherently traumatising stories that will arise as a result of this process. As stated by the Chair’s report, the Uluru Statement from the Heart is directly linked to the principles and articles contained within UNDRIP.
  6. Finally, the Australian Greens acknowledge that there is already work underway that relates to the rights contained within UNDRIP. The Chair’s report outlines this with specific reference to Closing the Gap and Empowered Communities. This work is important and must continue but it does not remove the need for programs, funding, and legislative change that specifically relates to and arises from the rights and articles of UNDRIP. It is not good enough that measures are announced and then related back to UNDRIP after the fact, this does not constitute as implementation. UNDRIP must be a primary consideration for any measures that are to be deemed implementation of UNRIP.

Senator Dorinda Cox

Member

Senator for Western Australia

22 November 2023