Foreword

Indigenous rights are inherent to Aboriginal and Torres Strait Islander peoples by virtue of their unique and enduring status as the First Peoples of Australia. The rights recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) arose from the efforts of First Peoples around the world who worked within the United Nations structures over decades to formally articulate these rights.

Australia has been a signatory of UNDRIP since 2009. The United Nations calls upon all signatories to UNDRIP to uphold the inherent human rights of Indigenous peoples and to implement these within their political and institutional frameworks, while preserving the integrity and unity of the Nation State. Like many UN documents, the UNDRIP is non-binding, however signatories proclaim the UNDRIP to be a ‘standard of achievement to be pursued in a spirit of partnership and mutual respect’.

The UNDRIP articulates ‘the minimum standards of survival, dignity and well-being of Indigenous peoples of the world.’ Importantly, UNDRIP does not create any new or ‘special’ rights, which is a common misconception. Rather, it details and reflects existing rights from other international human rights instruments and applies them to the specific contexts and situations affecting Indigenous peoples.

During this inquiry, the Committee paid particular attention to the lessons, challenges, and opportunities associated with the application of UNDRIP in Australia. What became clear from the evidence is that UNDRIP does offer a potential blueprint for a renewed relationship between Aboriginal and Torres Strait Islander peoples and the broader Australian nation.

At the heart this Report is a call for Australian governments and civil society to meaningfully engage with the rights of Indigenous peoples through UNDRIP. The challenge for the Australian Parliament is to determine how these rights should be enjoyed and made meaningful for Aboriginal and Torres Islander peoples within the political and legal systems of the Australian Nation State. Importantly, the participation of First Peoples is both necessary and integral to the way governments respond to the application of the rights articulated in UNDRIP.

This Report recommends that governments ensure their approach to developing policy and legislation affecting Aboriginal and Torres Strait Islander peoples be consistent with UNDRIP. It suggests mechanisms to realise that, such as incorporating UNDRIP in Australia’s human rights scrutiny legislation, and through a national action plan, developed in consultation with First Peoples, to guide coordinated efforts for implementing UNDRIP holistically in Australia. Such efforts should be complemented by greater education about Australian history and civics as well as Commonwealth support towards truth-telling and agreement-making, all of which are affirming of Indigenous rights.

The High Court of Australia’s ruling in Mabo v Queensland No 2 confirmed that the concept of Australia’s being declared ‘terra nullius’ (land of no one) was untrue. Aboriginal and Torres Strait Islander people were here before British arrival and colonisation. UNDRIP offers the international standard for legacy issues arising from colonisation to find accommodation in the present.

I want to thank the many experts, organisations, and community members who generously gave their time to contribute to this inquiry. I especially acknowledge the many international witnesses who endured challenges of different time zones to provide the Committee with rich perspectives on the rights of Indigenous people across the world. I give particular thanks to the Secretariat who supported the Committee’s inquiry and me as Chair while we gathered evidence, and my fellow Committee members who engaged in this inquiry so thoroughly.

Finally, it should be acknowledged that this inquiry occurred during the debate on the referendum regarding constitutional recognition through a Voice. In the wake of the referendum result, Australia appears at a crossroad with respect to how to navigate Indigenous issues. I believe that the enhanced application of UNDRIP and the general acceptance of these rights as a fundamental component of our democracy is where we must start. I hope that this Report be considered in that light.

Senator Patrick DodsonChair

22 November 2023