As a landmark international instrument recognising the rights of Indigenous peoples, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is central to Amnesty International Australia’s work to advance the rights of Aboriginal and Torres Strait Islander peoples, including through its recently launched Kids Need Better campaign, focused on urgent youth justice reform and stronger protections for First Nations children.
19 years on, it’s time for Australia to implement its standards
Nineteen years ago, on 13 September 2007, the United Nations General Assembly adopted the UNDRIP, establishing a universal framework of minimum standards for the survival, dignity and wellbeing of Indigenous peoples around the world.
The adoption of UNDRIP marked a pivotal moment in recognising both the individual and collective rights of Indigenous peoples at an international level, including rights to culture, identity, self-determination, language, community and connection to land and Country.
At its heart, UNDRIP affirms that Indigenous peoples are entitled to the full enjoyment of human rights.
Reflecting on Article 1, nine years after Amnesty International Australia’s 2017 commentary on UNDRIP, Eualeyai/Kamillaroi woman, Distinguished Professor of Law and Director of Research at Jumbunna Indigenous House of Learning at the University of Technology Sydney, Larissa Behrendt, says:
“Article 1 is an important reminder that human rights are inherent to all people and that, as Aboriginal and Torres Strait Islander peoples, we are entitled to all human rights and fundamental freedoms, not just those recognised in the Declaration on the Rights of Indigenous Peoples.
“When we assert our rights, we are seeking to exercise rights that we already have; we are not asking for special treatment. The recognition of our distinct rights as Indigenous peoples is not inconsistent with equality but is essential to achieving substantive equality.
“Article 1 is an important reminder that human rights are inherent to all people and that, as Aboriginal and Torres Strait Islander peoples, we are entitled to all human rights and fundamental freedoms, not just those recognised in the Declaration on the Rights of Indigenous Peoples.”
Eualeyai/Kamillaroi woman, Distinguished Professor of Law and Director of Research at Jumbunna Indigenous House of Learning at the University of Technology Sydney, Larissa Behrendt
“Article 1 also emphasises that we hold rights not only as individuals but collectively as Aboriginal and Torres Strait Islander peoples. This has particular significance for rights relating to language, culture, cultural heritage, traditional lands and waters, and our ability to maintain our identities and ways of life.
“We might have a right to language as an individual, for example, but that right has little meaning unless the language of the community is also valued, practised and protected. Many of our rights can only be fully realised collectively, through our relationships with each other, our cultures and our Country.”
The adoption of UNDRIP represented decades of advocacy by Indigenous peoples and established an international framework for recognising and protecting their rights. It was therefore deeply disappointing for Aboriginal and Torres Strait Islander peoples that Australia was one of only four countries to vote against the Declaration in 2007.
In 2009, Australia formally endorsed UNDRIP.
While endorsement of the declaration is crucial, Australia must now ensure its implementation, with Indigenous peoples, through effective legislation, policies and programs at the domestic, regional and local level.
The significance of UNDRIP
UNDRIP recognises that Indigenous peoples have the right to live with dignity, to maintain their cultures and identities, to belong to their communities, and to participate in decisions that affect them.
In particular:
- Article 3 recognises the right of Indigenous peoples to self-determination
- Article 7 recognises the rights of Indigenous individuals to life, physical and mental integrity, liberty and security
- Article 9 recognises the right of Indigenous people to belong to an Indigenous community or nation in accordance with its traditions and customs
- Article 22 recognises the rights and special needs of Indigenous elders, women, youth, children and people with disabilities, including protection of Indigenous children from violence and discrimination
Kacey Teerman, Gomeroi woman and Amnesty International Australia’s Indigenous Rights Campaigner says:
“UNDRIP is an incredible document, a set of standards that Indigenous people in this country worked tirelessly to shape.
“Therefore, it is crucial that Australia take steps to ensure its practical implementation.
“I see every day the harm that happens when those standards aren’t implemented. Whether it be children locked in adult watch houses or communities ignored in decisions that affect them, the cost of inaction is too high.
“Every child deserves safety, dignity and the opportunity to thrive. Instead of receiving the support they need, too many young people are locked away, abused and isolated from their families, communities, and culture.”
Kacey Teerman, Gomeroi woman and Amnesty International Australia’s Indigenous Rights Campaigner
“Every child deserves safety, dignity and the opportunity to thrive. Instead of receiving the support they need, too many young people are locked away, abused and isolated from their families, communities, and culture.
“In line with UNDRIP’s standards, Australia must establish enforceable national minimum standards of treatment for all children in custody that uphold and protect children’s human rights.
“It’s time we took UNDRIP seriously and made its promises real here in this country.”
Background
The Kids Need Better campaign calls on all Australian state and territory governments to:
- Establish enforceable national minimum standards of treatment for all children in custody that uphold and protect children’s human rights in line with international law, including CRC, ICCPR, CAT and UNDRIP.
- Raise the minimum age a child can be imprisoned to 14 years old across Queensland, Victoria and the Northern Territory.
- Provide sustained investment in evidence-based, community-led programs that reconnect First Nations children with Country, culture and community.
- End harmful, torturous practices, including solitary confinement, spit hoods and holding children in adult watch houses.
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