Senate debates

Tuesday, 28 November 2023

Committees

Aboriginal and Torres Strait Islander Affairs Joint Committee; Report

5:54 pm

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | Hansard source

I rise to take note of the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs report into the application of the United Nations Declaration on the Rights of Indigenous People. UNDRIP was adopted in 2007, and at first Australia was one of four countries who actually voted down being a signatory to UNDRIP. It came on board in 2009, only a few short years later, alongside Canada, the US and New Zealand. UNDRIP contains rights and principles that are common amongst First Peoples, and it's commonly known that UNDRIP was written for First Peoples by First Peoples. That's the way we should remember the importance of that.

It is also said that UNDRIP doesn't contain any new or specific rights, but it is more so a combination of rights that are contained in other treaties, reframed slightly better to acknowledge the unique struggles and perspectives of Indigenous peoples. As someone who has attended many UN fora across the globe, I can say that it is a struggle for Indigenous voices to frame and reframe constantly the position and unique experiences that First Nations people, First Peoples or Indigenous peoples have. However, what the report shows is that no one country is doing a particularly great job in relation to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. In fact, the Canadian model—the C-15 bill—was part of the drafting of this bill, which I was part of when it was in the Greens party room. The New Zealand model, the Treaty of Waitangi, which has been in existence for quite some time, talks about dedicated seats in parliament, which goes to the heart of those four principles that Senator Dodson already mentioned around self-determination, participation in decision-making, respect for culture and protection of culture, equality and nondiscrimination.

I wasn't part of the hearings of this committee; I was watching from the outside as an observer. In fact, I was able to gain great insight into the work of the Joint Standing Committee on this report, particularly through the chair, Senator Dodson, towards the end of its drafting. Of recommendations 1 to 6, one in particular that I thought was important for us to have was independent oversight of such a critical issue that affects the lives and the human rights of Indigenous peoples in this country. I have also submitted additional comments because I think it was important to try to use an example or bring to life the importance of the domestication of UNDRIP. I use the examples of respect for First Nations water rights to allow cultural flows that are distinct and different from the environmental flows, the importance that water holds for First Nations culture, and the protection of that, particularly when we are implementing UNDRIP. It's critical that we use those types of examples, and I included them in my comments in the report.

I thank the members of the committee whom I had the pleasure of being able to work through some of these recommendations with at the last sitting. In particular, I thank Senator Dodson as the chair of this committee. Senator Dodson, alongside the secretariat, was able to provide lots of insight for me in his role as chair and in his capacity as someone who has championed many of these issues in his lifetime. I thank him for the work that he's done, particularly in his role as a Special Envoy for Reconciliation and the Implementation of the Uluru Statement from the Heart.

I remember my first time in this place and being part of the Northern Australian Committee, working alongside you on the Juukan Gorge A way forward report. I want to acknowledge how gracious you've been in working in collaboration with me. I think it's a standout feature to have someone as chair who is not only a gentleman but also a person who is able to articulate some of the issues from their lifetime—it was your knowledge and your experience that you were able to share, particularly with me. I have great respect for your work, and I will be sad to see you leave this place, in announcing your retirement today. But thank you for your work and thank you for the legacy that you have brought in this piece, in this final report for UNDRIP.

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