The Federal Government has formally endorsed the United Nations Declaration on the Rights of Indigenous Peoples, after being one of only four states to oppose the declaration in 2007. Australia now joins 143 other countries in support of the declaration.
The move comes just weeks after the United Nations warned the Federal Government to protect the rights of indigenous Australians, in response to a formal complaint that the Northern Territory Intervention is “racist” and violates international human rights law.
The complaint was launched by a group from Alice Springs, who claimed the Intervention discriminated against them with compulsory land leases, income quarantining and suspension of the Racial Discrimination Act.
As of October last year, the government committed to reinstating the Racial Discrimination Act in the spring session of Parliament. But in an “early warning” letter to the federal government, the UN Committee on the Elimination of Racial Discrimination noted the suspension of anti-discrimination laws “with concern”.
George Newhouse, the lawyer who represented the Alice Springs residents, said the United Nations rarely uses such forceful language. He hailed the warning as a “great success”.
In declaring support for the UN Declaration on the Rights of Indigenous People, Minister for Indigenous Affairs Jennifer Macklin said the government had taken “another important step in re-setting the relationship between Indigenous and non-Indigenous Australians and moving forward towards a new future.”
The declaration sets out “the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”. In addition to the rights to individual equality enshrined in other rights declarations, the declaration states that indigenous groups have rights to maintain cultural differences.
But the declaration is opposed by the federal Opposition. Shadow Attorney General George Brandis said in a statement that supporting the declaration is a “grave error”. He expressed concern that the declaration would elevate customary laws over federal legislation, would allow for separate indigenous schools, and would guarantee restitution or compensation for indigenous resources that were taken without full consent.
In the statement, he said “There is no room in Australia for different rights attaching to different citizens, differentiated only by race.”
But in a speech before Parliament, Ms Macklin said current policy on customary law, education, and compensation for indigenous land will remain unaffected by the endorsement of the UN declaration. She emphasized that the document is not legally binding, but said it is important symbolically.
Nevertheless, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma called federal support for the declaration a “watershed” moment in Australian history.
In a statement, he said the current challenge is to enact the principles of the declaration in practice. He said the standards of the declaration should be put to use immediately to address discriminatory elements of the Northern Territory Intervention.
The Federal Government is due to report to the United Nations in July, on its progress in re-drafting the Intervention to comply with the Racial Discrimination Act.
