After the failed Voice to Parliament referendum, the whole country is wondering what’s next. After all the hype leading up to 14 October, the Albanese government has been completely silent on how it intends to move forward with First Nations justice. It has not provided a plan B when people are clamouring for one.
There is clearly momentum to move forward with justice for our people and it is so important that this is not lost. We need strong leadership to move forward from here, but we cannot expect that leadership from a government that is still mourning the failure of a reform that I believe would have had little impact on the lives of First Peoples.
It is our people who provide that leadership – and always have. This leadership is based on care, community and custodianship, and a rights-based approach.
A rights-based approach means that all forms of discrimination in the realisation of rights must be prohibited, prevented and eliminated. It means upholding our sovereign rights to care for each other and the lands, waters and skies of this continent.
The rights of our people have been violated since colonisation and continue to be violated every day we live in this country. As a nation we need the truth of this history to be told as a basis for healing and moving forward. From there, treaties with the First Peoples of these lands can provide a framework for harmonious co-existence based on respect for the human rights of all people. Treaty can bring us peace and allow us all to flourish.
Our people have been marching for Truth and Treaty for decades and it is now up to the Federal Government to honour its commitment to implement the other elements of the Uluru Statement and to move Truth and Treaty forward. We cannot afford to delay any further.
But there is another logical and hugely important next step for Indigenous rights in this country, one that is overwhelmingly supported by our people: the implementation of the UN Declaration on the Rights of Indigenous Peoples.
The UNDRIP is a human rights instrument developed by First Peoples around the world. It does not create new rights specifically for First Peoples, but rather embodies many of the human rights principles already protected under international customary and treaty law in an indigenous context, setting the minimum standard of human rights for First Peoples.
Although these are only minimum standards, successive Australian governments have been reluctant to develop them further. When the Declaration was first adopted by the UN in 2007, Australia was one of only four countries to oppose it. When it finally endorsed it two years later, it was clear there was no intention of actually implementing it.
It has been nothing but a lack of political will in this country that has halted progress in upholding the principles and rights set out in the Declaration. The core principles of UNDRIP are the right to self-determination; the right to free, prior and informed consent; and the right to maintain and practise culture.
As with other human rights, we see the rights of First Peoples outlined in the Declaration and the principles upon which it is based being violated every day in this country. The ‘commitment’ the Australian government made to the UNDRIP by endorsing it all those years ago means nothing because it hasn’t been acted upon by any level of government.
Because declarations are not internationally legally binding documents, there are no consequences for the government if it violates the UNDRIP.
This is why it is vital that the Declaration is enshrined in Australian law. In March last year I introduced legislation to do just that. It does not impose an immediate hard burden or liability on the government – it simply requires the government to review its laws for compliance with the UNDRIP, to develop a national action plan to implement the UNDRIP in its laws, policies and practices, and to report regularly on its progress.
This is a straightforward approach that mirrors what Canada has done, with great results for communities so far. In the Senate inquiry on this matter, we heard that nothing has advanced Canada’s compliance with the UNDRIP as much as making it law. Other approaches taken by other countries have not made the same progress.
Legislating the UNDRIP means that we can hold the government accountable for what it has promised, on a concrete timetable. It can give us some reassurance that our rights are being considered and developed not only by this government but by future governments, whatever their political leanings.
We need to appeal to international law out of desperation because governments have not only failed us, they have deliberately violated our rights for their own benefit for almost two and a half centuries. Lip service to how much we matter is no longer enough. We will only accept action.
If the Labor government is as committed to First Nations justice and self-determination as it says it is, then here is the obvious next step, served up on a platter. My bill is being debated this week. If it comes to a vote, it will test the government’s true intentions. Watch this space.