Trish Crossin (NT, Australian Labor Party) Share this | Hansard source

I rise this afternoon to provide some support for the call put forward this afternoon for the need for the Australian government to support the adoption of the proposed United Nations Declaration on the Rights of Indigenous People. After 20 years of long, hard and considered work and debate internationally through the United Nations, there is an intention to put this declaration before the current session of the United Nations General Assembly sometime this week. I have to say that the government’s response is disappointing but not unexpected. Essentially, what they are saying is that they will not be supporting this declaration because it does not line up with their policy on Indigenous affairs. We have seen that unfold quite dramatically in the last three months in relation to the Northern Territory.

This declaration has evolved through a long process which has stretched from 1982, when it was first suggested that a human rights standard be developed by a working group. In 1985, that working group began preparing the draft declaration. In 1993, the working group agreed on the final text. There have been further amendments to that text recently. There was also a world summit in 2005. In 2006, the fifth session of the United Nations Permanent Forum on Indigenous Issues called for the adoption of the declaration. In June 2006, the United Nations Commission on Human Rights, which is now called the Human Rights Council, endorsed and adopted this declaration. It is pretty much coming down the final straight and heading to the finish line.

It is disappointing that Australia will not be there leading the world when it comes to forging a path on indigenous issues. Unfortunately, we have never been able to step up to the mark when it comes to those issues. Canada and New Zealand have some concerns with this. If we have a look at what is happening over in Norway and other places, we see that some countries have proven to be world leaders when it comes to dealing with indigenous people. But Australia never seems to have gotten it quite right. Australia remains among a group of only seven states to delay the final adoption of this important and long-overdue declaration. We stand with Canada, Columbia, Guyana, New Zealand, the Russian Federation and Surinam, who have all publicly called for further negotiations to redraft the central provisions of the declaration. It is sad to think that this could lead to unacceptable delays in the adoption of the declaration. We run the risk of the declaration never being adopted at all or its provisions being so weakened and undermined as to be meaningless, denying indigenous peoples the protection to which they are entitled. Amnesty International believes that the adoption of the declaration is a critical step towards ending the pervasive human rights violations that are faced by indigenous people right around this globe.

The declaration calls on states to work closely with indigenous people in ensuring that their rights are protected. This is where the government’s intent is fundamentally different to the intent of the declaration. The declaration points to self-determination. This government has publicly said that it has a policy of assimilation. The declaration talks about intellectual property rights. There has long been a call by Indigenous people in this country for their intellectual property rights to be recognised through research and through legislation, particularly when it comes to Indigenous art. The declaration calls for the recognition of customary law. There is some bizarre notion that Indigenous people here would seek to have their customary law override any other sort of judicial law. In fact, what Indigenous people here are calling for is recognition and respect for that customary law. I have not met one Indigenous person who believes that their customary law should override criminal law. (Time expired)

Question put:

That the motion (Senator Bartlett’s) be agreed to.