Statement on the United Nations Declaration on the Rights of
Indigenous Peoples
Parliament House Canberra
3 April 2009
Today, Australia takes another important step in re-setting the
relationship between Indigenous and non-Indigenous Australians and
moving forward towards a new future.
Today, Australia joins the international community to affirm the
aspirations of all Indigenous peoples.
We show our respect for Indigenous peoples.
We show our faith in a new era of rel
ations between states and
Indigenous peoples grounded in good faith, goodwill and mutual respect.
The work of drafting the United Nations Declaration on the Rights of
Indigenous Peoples began in 1985.
The Declaration was more than twenty years in the making.
For the first time governments worked directly with Indigenous peoples
to develop a significant human rights statement.
The decades of work culminated in a landmark document. A document
that reflects and pays homage to the unique place of Indigenous
peoples and their entitlement to all human rights as recognised in
international law.
Indigenous Australians made a significant contribution to the
development of the Declaration.
Today cannot pass without paying tribute to a number of Indigenous
Australians whose leadership and efforts were central to the
development of the Declaration.
Les Malezer, Chair of the International Indigenous Peoples’ Caucus
and a recipient of the Australian Human Rights Medal.
Professor Lowitja O’Donoghue, former Australian of the Year and
former Chairperson of the Aboriginal and Torres Strait Islander
Commission.
Professor Mick Dodson, Australian of the Year, Member of the UN
Permanent Forum on Indigenous Issues.
Tom Calma, the Aboriginal and Torres Strait Islander Social Justice
Commissioner, and his predecessor, Dr Bill Jonas.
Megan Davis, Former United Nations Indigenous Fellow and Director of
the Indigenous Law Centre.
And the many othe
rs – too many to name.
I’d also like to recognise the efforts of Indigenous NGOs.
It is a testament to the steadfast commitment of the United Nations
Working Group that they stayed the course.
Driven by a common purpose to formally articulate international
respect for the world’s Indigenous peoples.
On 17 September 2007, 143 nations voted in support of the Declaration.
Australia was one of four countries that voted against the Declaration.
Today, Australia changes its position.
Today, Australia gives our support to the Declaration.
We do this in the spirit of re-setting the relationship between
Indigenous and non-Indigenous Australians and building trust.
Last week an Aboriginal woman wrote to tell me she was moved to tears
by Australia’s support of the Declaration.
She said that Australia’s support recognises our common humanity.
She wrote that “many of our old people, our elders and leaders,
including the heads of our families and clans know that closing the
gap is not just about bricks and mortar, it is about self esteem,
pride, acceptance, and a recognition of the humanity of our peoples.”
The universal aspirations contained in the Declaration can help build
understanding and trust.
This will take time. Relationships will be tested and will evolve.
The Declaration gives us new impetus to work together in trust and
good faith to advance human rights and close the gap
between
Indigenous and non-Indigenous Australians.
The Declaration recognises the legitimate entitlement of Indigenous
people to all human rights - based on principles of equality,
partnership, good faith and mutual benefit.
Article 1 of the Declaration states: “Indigenous peoples have the
right to the full enjoyment, as a collective or as individuals, of all
human rights and fundamental freedoms as recognized in international
law.”
Entitlement to these rights underpins the important work of the
Australian Human Rights Commission.
And with solemn reflection on our history and the failed policies of
the past, we acknowledge Articles 8 and 10 – I quote:
Indigenous peoples and individuals have the right not to be subjected
to forced assimilation or destruction of their culture.
And I quote again:
Indigenous peoples shall not be forcibly removed from their lands or
territories.
Today Australia takes another important step to make sure that the
flawed policies of the past will never be re-visited.
The Declaration is historic and aspirational.
While it is non-binding and does not affect existing Australian law,
it sets important international principles for nations to aspire to.
Australia’s existing obligations under international human rights
treaties are mirrored in the Declaration’s fundamental principles.
The Declaration needs to be considered in its totality – each
provision as part of the whole.=0
D
Through the Article on self-determination, the Declaration recognises
the entitlement of Indigenous peoples to have control over their
destiny and to be treated respectfully.
Article 46 makes it clear that the Declaration cannot be used to
impair Australia’s territorial integrity or political unity.
We want Indigenous peoples to participate fully in Australia’s
democracy.
Australia’s Indigenous peoples must be able to realise their full
potential in Australian and international affairs.
We support Indigenous peoples’ aspiration to develop a level of
economic independence so they can manage their own affairs and
maintain their strong culture and identity.
Australia is a longstanding party to the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on
Civil and Political Rights and supports their aims and principles.
We also respect the desire, both past and present, of Indigenous
peoples to maintain and strengthen their distinctive spiritual
relationship with land and waters.
The Indigenous land rights movement has a proud place in Australia’s
history with a range of State and Territory and Federal laws
recognising traditional ownership. For example, the federal Native
Title Act 1993 provides statutory recognition for common law rights of
native title following the historic High Court Mabo decision.
Australia’s laws concerning land rights and native title are not
altered by our supp
ort of the Declaration.
Indigenous peoples now own or manage nearly 20 per cent of the
Australian continent – amounting to over 1.5 million square
kilometres.
Around half the Northern Territory is now owned by Aboriginal people
under Australian legislation and cannot be sold.
Where possible, the Australian Government encourages land use and
ownership issues to be resolved through mediation and negotiation
rather than litigation.
The ownership and management of land gives Indigenous Australians the
capacity to forge new partnerships and pursue economic development.
And to further the social, cultural and economic aims of Indigenous
peoples, the Indigenous Land Fund will continue to be used to purchase
freehold land – building on a range of other government programs to
work with Indigenous Australians in managing natural resources.
The Declaration recognises the basic, fundamental truth that
Indigenous peoples and individuals are equal to all other peoples and
individuals. They should be able to live their lives free from
prejudice and harmful discrimination.
The fundamental prohibition against racial discrimination is legally
and internationally enshrined in the Convention on the Elimination of
Racial Discrimination.
The Government has announced that it will introduce legislation to
lift the suspension of the Racial Discrimination Act in the Northern
Territory.
And we are working to tackle prejudice through education and awareness.
Article
7 of the Declaration recognises that Indigenous peoples have
the right to lives that are safe, secure and free from intimidation
and violence.
And it is their collective right to live in freedom, peace and security.
Article 22 of the Declaration also acknowledges that particular
attention is needed for vulnerable people including elders, women,
youth, children and people with disability.
Inherent in the Declaration is the basic right of women and children
to safe and healthy lives.
These rights are given force in the Convention on the Rights of the
Child and the Convention on the Elimination of All Forms of
Discrimination Against Women.
We have set ambitious targets for closing the gap and are implementing
sweeping policy reforms to tackle entrenched problems.
We want Indigenous peoples to be our partners in closing the gap.
Indigenous peoples must have the opportunity to develop and drive
solutions if we, as a nation are to achieve real, lasting change.
The right of Indigenous peoples to improve their economic and social
conditions, in the areas of education, employment, housing and health
is central to achieving this.
All Australians have an equal right to the basic building blocks of
economic and social prosperity – healthy living, a decent house, the
skills and training to get a job.
Indigenous children must have the opportunity to have the same quality
of education as other Australian children.
And we are mindful of20the importance of enhancing respect for
Indigenous cultures through this education.
We want all Australians to participate fully and freely in our
democratic processes.
While there is continuing international debate about the meaning of
‘free, prior and informed consent’, we will consider any future
interpretations in accordance with Article 46.
We recognise how important it is for Indigenous Australians to have a
voice, and a means to express it.
As parents in their children’s health and education.
As the people with the greatest stake in closing the gap; as the
people essential to driving lasting change.
We need to find more ways of hearing Indigenous voices:
• Through the establishment of a national representative
body to give Indigenous people a voice in national affairs - being led
by the Aboriginal and Torres Strait Islander Social Justice
Commissioner.
• Through public consultation on key policy decisions.
• Through our support for Indigenous leadership.
• And through our support for progress towards
constitutional recognition.
We look forward to continuing our work at international levels to
promote the human rights of Indigenous peoples.
And we welcome the UN Special Rapporteur for Indigenous peoples,
Professor James Anaya, in his visit to Australia later this year.
Today we celebrate the great
privilege all Australians have to live
alongside the custodians of the oldest continuing cultures in human
history.
We recognise the right of Indigenous Australians to practise,
revitalise and sustain their cultural, religious and spiritual
traditions and customs.
We celebrate the vital positive contribution of Indigenous culture to
Australia.
And we honour Indigenous Australians who so generously share their
culture, knowledge and traditions.
We pay tribute to them, to their ancestors and the generations to come.
In supporting the Declaration, Australia today takes another important
step towards re-setting relations between Indigenous and non-
Indigenous Australians.
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Aloha, I still worry that the confusion between "Indigenous rights" and Hawaiian National rights are combined here. If Americans of Indigenous ancestry want special [and almost always unequal] rights then they have that prerogative. I hope they understand the assets of the HKG and it subjects can not be the basis for there financing of special programs.
It seems that the first world may want people to believe that just settlements are forthcoming though the UN declarations, but so far it seems nothing more than a "Quiet Title" action.
I believe the way to returning the assets is by being a living person under the law, not 3/5 of a man. The definition of "Indigenous" is being of the rocks and Trees. Indigenous people do not own land and cannot bring royal patent claims, but Hawaiians can!
I think when the ancient histories of the Hawaiian People and other 'Native' people are revealed, they'll be finding, neigh creating, ways to appease everybody.
Name one other Country that consisted of a Nation of Immigrants that has stood the test of time. The Babyonians, Greeks, and the Romans were right by their might, too.
United States may be the only nation in the world that may not recognize the UN Declaration of the Rights of the Indegenous Peoples of the world. The House Committee at the Capitol today passed HCR 150/HR 121, Urging the President of the United States and the Members of the Congress of the United States to Adopt the United Nations Declartion on the Rights of Indigenous Peoples. The 2005 Legislure recognized the significance of the indigenous peoples' right by passing HC Resollution 195, HD 1, adopting the Declaration. Prior to the passage of the Declaration of Indigenous Peoples, the Declaration of Human Rights did not recognize the Indigenous People of the world as Human Beings of the world. The Kanaka Maoli Hawaii are the Indigenous People of Hawaii. Long Live The Hawaiian Kingdom.
Replies
It seems that the first world may want people to believe that just settlements are forthcoming though the UN declarations, but so far it seems nothing more than a "Quiet Title" action.
I believe the way to returning the assets is by being a living person under the law, not 3/5 of a man. The definition of "Indigenous" is being of the rocks and Trees. Indigenous people do not own land and cannot bring royal patent claims, but Hawaiians can!
Hui Hou Kai
Name one other Country that consisted of a Nation of Immigrants that has stood the test of time. The Babyonians, Greeks, and the Romans were right by their might, too.
i aloha'aha'a.