Patrick Dodson (WA, Australian Labor Party) Share this | Hansard source

I present the report of the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs. It's an inquiry into the application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia, and I seek leave to move that the Senate take note of the report.

Leave granted.

I move:

That the Senate take note of the report.

As chair of this committee, it is a bittersweet moment to table this report. It's a very significant report on behalf of Indigenous people's rights, but it will be my last report to this parliament.

I want to first thank all of those who engaged in the inquiry by providing submissions or appearing as witnesses.

I particularly thank the Aboriginal and Torres Strait Islander peoples and organisations.

I cannot list you all right now, but your thoughtfulness was so valuable.

I also want to acknowledge the work of the many people around the world who have contributed to the advancement of Indigenous peoples' rights, such as Madame Daes, the founding chairperson of the United Nations Working Group on Indigenous Populations, with whom I worked back in the eighties; Dr Sheryl Lightfoot, a current member of the United Nations Expert Mechanism on the Rights of Indigenous Peoples that provided expertise to this inquiry; Sir Taihakurei Durie of the New Zealand Maori Council; and Professor Claire Charters.

This report is the culmination of the contributions from many experts, public officials, organisations and community members who generously shared their insights and experiences with this committee.

This inquiry saw a significant number of Indigenous witnesses:

There is true value in listening to First Peoples.

Indigenous perspectives deepened the committee's understanding of the complex matters we explored and were indispensable to this report.

Background to UNDRIP

UNDRIP was drafted and formally debated for almost 20 years before its adoption by the United Nations General Assembly in 2007.

It remains the most comprehensive universal human rights instrument addressing the rights of Indigenous peoples.

Australia has been a signatory since 2009, and so we accept the UNDRIP to be a 'standard of achievement to be pursued in a spirit of partnership and mutual respect,' and that comes straight from UNDRIP.

The UNDRIP contains 46 articles affirming the collective and individual rights of Indigenous peoples.

These relate to cultural, spiritual, economic and social rights, rights of self-determination, and to be free from discrimination.

Importantly, UNDRIP does not create any new or special rights.

It reflects existing human rights from other instruments and applies them to the specific context of affected Indigenous peoples.

Overview of the c ommittee i nquiry

We were asked to undertake an inquiry into the application of UNDRIP in Australia, with particular reference to:

We held seven hearings and we had the benefit of over 140 submissions.

We drew on international experiences. When we drew on those, we explored the successes and the challenges.

We were also conscious to ensure the unique Australian circumstance was considered.

UNDRIP as a standard consistent with our democracy

It is clear the UNDRIP offers us an accepted standard for an improved relationship with Aboriginal and Torres Strait Islander peoples.

Some in this place might get nervous about the idea of international standards.

However, there is no need for that, because they are consistent with our Western democratic institutions.

The UNDRIP reaffirms the rights of Indigenous peoples, but it also guarantees that the realisation of these rights must preserve the integrity and unity of the nation state—that is, the unity of Australia.

Like many human rights instruments, UNDRIP reinforces fundamental pillars of our democracy:

These should be the aspirations of any healthy Western democracy.

When Indigenous peoples etched their aspirations into UNDRIP, they did so with the wellbeing and survival of future generations in mind. It was born out of a shared history of dispossession and loss.

The UNDRIP is a touchstone for how modern nations, like Australia, move forward with First Peoples.

It provides a structure to that process and avoids Indigenous rights being tabooed or applied only in an ad hoc or selective way.

These rights will become real when they are determined and achieved domestically through negotiation with First Peoples.

We must continue to seek common ground, with courage and not capitulation.

Committee findings and recommendations

This report makes six recommendations on how to improve adherence to UNDRIP in Australia.

Broadly, we recommend that the approach to developing policy and legislation affecting First Peoples be consistent with UNDRIP.

We suggest the Human Rights (Parliamentary Scrutiny) Act 2011 be amended to include consideration of UNDRIP. This will be a simple and effective way and means of improving how we in this place consider Indigenous people's rights in the development of laws.

The committee recommends developing a national action plan that is determined in consultation with First Peoples to outline an approach to implementing the UNDRIP in Australia.

This is underway in Canada and New Zealand.

It can be a mechanism for us to design the way forward together.

Decisions about the form and content of the plan will require deep and committed negotiation with First Peoples and it will take time because the consultation must be thorough.

First Peoples' contributions must determine the application of this in our context and how they should proceed.

Such efforts should occur in coordination with all levels of government.

As senators, we know the important role that states and territories play.

We also recommend greater education on Australian history, civics and human rights, because international experience tells us this is key.

Finally, the committee recommends that the Commonwealth establish an independent process of truth telling and agreement making.

I have not had the courtesy of reviewing the additional comments or contrary positions that may be contained within this report, so I can make no comment on those.

However, the evidence was overwhelmingly clear and our terms of reference specifically asked us to explore these reform ideas.

The principles underscoring such aspirations are reflected in UNDRIP.

Concluding remarks

The UNDRIP is a strong foundation for taking Australia forward in its relationship with Aboriginal and Torres Strait Islander peoples, a relationship underpinned by a mutual recognition of, and respect for, one another's rights and responsibilities.

At the heart of this report is a call for governments and civil society to genuinely engage with the rights of Indigenous peoples.

It proposes possible ways to do so in a coordinated and good-faith manner.

I hope that the report provides guidance to us all as legislators to look towards achieving common ground for our nation.