The Times Australia
The Times World News

.

Following the Voice failure, Indigenous politicians are calling for the UN’s Declaration on the Rights of Indigenous Peoples to be implemented. What is it and what would it mean?

  • Written by Kevin Bell, Adjunct professor, Monash University

The Voice referendum was a disappointing result for many, but there is hope that much of its vision could be achieved via a different path. The Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs[1] has presented a report[2] to federal parliament calling for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples[3].

The committee[4] was led by Uncle Patrick Dodson, a Yawuru poltician who is retiring from the senate on January 26, the anniversary of Australia’s invasion.

The declaration[5] is essentially a list of human rights Indigenous peoples have under international law. These rights are presented as articles. These include the right to self-determination and participation in decision-making in matters that affect them.

If the committee’s call to implement the declaration is accepted by the federal government, this right to participation in decision-making could be achieved in many ways. This includes non-constitutional implementation of the Uluru Statement from the Heart[6].

A strong majority of the standing committee including the Greens’ members supported the implementation of the declaration. The coalition members dissented on the key recommendations. DjabWurrung Gunnai Gunditjmara senator Lidia Thorpe supported the recommendation but went further to propose the declaration be enshrined in federal legislation. Thorpe’s proposal was rejected[7] by parliament.

Read more: The political subjugation of First Nations peoples is no longer historical legacy[8]

What is the UN Declaration for the Rights of Indigenous Peoples?

Indigenous peoples’ human rights in Australia (and elsewhere) were grossly violated by colonisation which resulted in past and ongoing injustices. The declaration[9] recognises and lists those rights with the purpose of addressing those injustices.

A key right in the declaration is Article 4:

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

The declaration[10] was adopted by the United Nations General Assembly in 2007 after 20 years of negotiation[11] by Indigenous peoples and governments around the world.

Indigenous figures in Australia played leading roles in these processes. Development of the declaration involved people such as Uncle Les Malezer[12], a Gubbi Gubbi and Butchulla man who was the chair of the Indigenous peoples caucus and addressed the United Nations General Assembly when the declaration[13] was adopted.

Yarawu barrister and academic Uncle Mick Dodson[14] helped draft the declaration[15], and Professor Megan Davis[16], a Cobble Cobble woman, was part of the UN declaration[17] working group.

The declaration has garnered strong support[18] among Indigenous communities in Australia.

The Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs report[19] states applying the declaration could improve access to land rights, help combat racial discrimination and support Indigenous businesses, social services and cultural organisations.

We suggest it would also add great momentum to historic processes already underway, such as truth-telling[20] and treaty-making[21] in Victoria.

The main purpose of treaty-making is to give effect to Indigenous peoples’ self-determination. Implementing the declaration would support treaty-making because it would involve recognising self-determination as a right.

Read more: Gaza update: deadlock in the UN security council means no relief for suffering Palestinian civilians[22]

How the declaration could be implemented by law and/or policy

The Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs’ report[23] examined how the declaration[24] could be implemented in Australia and whether it should be through legislation, under policy, or both.

Senator Thorpe’s private member’s bill[25] called for the declaration[26] to be enshrined in federal legislation. The bill would have required the federal parliament to ensure its legislation was consistent with the declaration. It would also have required the federal government to adopt an action plan for its implementation. The bill was rejected[27].

The majority of the standing committee decided against supporting Thorpe’s approach, preferring a more flexible process. Their report[28] examined how Canada and New Zealand’s legal and policy-based approaches for implementing the declaration[29] appear to have been effective. This is different to senator Thorpe’s approach which requires legislating the declaration as an absolute minimum.

The standing committee recommend instead that Indigenous peoples have a choice of approach, through negotiations with governments and others, based on their right to self-determination. Whether this would need at least the minimum standards and essential framework to be set down in legislation is an open question yet to be answered.

The Voice offered a bold vision of a constitutionally protected say for Indigenous peoples in federal law-making and administration. This would have been consistent with the right to self-determination and to participation in decision-making specified in the declaration[30].

The committee’s[31] report[32] states the declaration[33] offers a bigger vision than the Voice.

It recognises not only the importance of First Nations peoples’ self-determination and participation in decision-making, but also rights to housing, health, work and freedom from discrimination and other human rights.

Implementing the declaration[34] does not necessarily require constitutional enshrinement.

While the Voice would have given Indigenous people a powerful say in those areas, implementing the declaration could elevate that say and those areas to the level of human rights. This is greatly needed in the aftermath of a disappointing and painful referendum result.

References

  1. ^ Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs (www.aph.gov.au)
  2. ^ report (parlinfo.aph.gov.au)
  3. ^ United Nations Declaration on the Rights of Indigenous Peoples (www.un.org)
  4. ^ committee (www.aph.gov.au)
  5. ^ declaration (www.un.org)
  6. ^ Uluru Statement from the Heart (ulurustatement.org)
  7. ^ rejected (nit.com.au)
  8. ^ The political subjugation of First Nations peoples is no longer historical legacy (theconversation.com)
  9. ^ declaration (www.un.org)
  10. ^ declaration (www.un.org)
  11. ^ negotiation (parlinfo.aph.gov.au)
  12. ^ Les Malezer (humanrights.gov.au)
  13. ^ declaration (www.un.org)
  14. ^ Mick Dodson (www.britannica.com)
  15. ^ declaration (www.un.org)
  16. ^ Professor Megan Davis (www.un.org)
  17. ^ declaration (www.un.org)
  18. ^ strong support (www.naccho.org.au)
  19. ^ report (parlinfo.aph.gov.au)
  20. ^ truth-telling (yoorrookjusticecommission.org.au)
  21. ^ treaty-making (www.firstpeoplesvic.org)
  22. ^ Gaza update: deadlock in the UN security council means no relief for suffering Palestinian civilians (theconversation.com)
  23. ^ report (parlinfo.aph.gov.au)
  24. ^ declaration (www.un.org)
  25. ^ private member’s bill (parlinfo.aph.gov.au)
  26. ^ declaration (www.un.org)
  27. ^ rejected (nit.com.au)
  28. ^ report (parlinfo.aph.gov.au)
  29. ^ declaration (www.un.org)
  30. ^ declaration (www.un.org)
  31. ^ committee’s (www.aph.gov.au)
  32. ^ report (parlinfo.aph.gov.au)
  33. ^ declaration (www.un.org)
  34. ^ declaration (www.un.org)

Read more https://theconversation.com/following-the-voice-failure-indigenous-politicians-are-calling-for-the-uns-declaration-on-the-rights-of-indigenous-peoples-to-be-implemented-what-is-it-and-what-would-it-mean-219695

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

How much money do you need to be happy? Here’s what the research says

Over the next decade, Elon Musk could become the world’s first trillionaire[1]. The Tesla board recently proposed a US$1 trillion (A$1.5 trillion) compensation plan, if Musk ca...

NSW has a new fashion sector strategy – but a sustainable industry needs a federally legislated response

The New South Wales government recently announced the launch of the NSW Fashion Sector Strategy, 2025–28[1]. The strategy, developed in partnership with the Australian Fashion ...

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...