Senator Thorpe's underwhelming United Nations Declaration on the Rights of Indigenous Peoples Bill 2022 (Cth) - lacking support from the Government or leading Opposition parties - has died in the Senate.
The Explanatory Memo for the Bill states
1. This Bill provides for measures to enact the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Australian law.
2. The Bill is in recognition of Australia's endorsement of the UNDRIP in 2009 and its verbal commitment to take actions to implement the UNDRIP.
3. The intention of the Bill is to address Australia's lack of UNDRIP's implementation into law, policy and practice, the lack of a National Action Plan to implement the UNDRIP, negotiated with indigenous peoples, and the lack of auditing of existing laws, policies and practice for compliance with the UNDRIP.
4. The purpose of the Bill is to recognise and ensure that Indigenous people are entitled without discrimination to all human rights recognised in international law, and that Indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples.
5. The Bill is further in recognition of the rights of Indigenous peoples enhancing harmonious and cooperative relations between the State and Indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith.
6. All doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust.
7. Indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonisation and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests.
8. The Bill reaffirms that Indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind.
9. The Bill recognises the urgent need to respect and promote the inherent rights of Indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources.
10. The Bill recognises the urgent need to respect and promote the rights of Indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States.
11. The Bill is based in the conviction that control by Indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs.
12. It recognises that respect for Indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.
13. The Bill is in recognition of the contribution of the demilitarisation of the lands and territories of Indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world.
14. The Bill recognises in particular the right of Indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child.
15. The Bill is based on the idea that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between Indigenous peoples and States.
16. It affirms the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development.
Further
25. This clause summarises the Act as establishing a framework for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples by the Commonwealth Government.
26. The clause outlines that the actions through which the Commonwealth Government is to achieve the implementation of the United Nations Declaration on the Rights of Indigenous Peoples are through ensuring that Commonwealth laws are consistent with the Declaration and through preparing and implementing an action plan to achieve the objectives of the Declaration in Commonwealth law, policies and practice.
27. The clause further summarises the provision for the Prime Minister to present a report, each financial year, on the progress of actioning the implementation of the action plan and ensuring Commonwealth law consistency with the Declaration.
And
The Bill provides a framework for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the Commonwealth Government. The Bill is in recognition of Australia's endorsement of the UNDRIP in 2009 and its verbal commitment to take actions to implement the UNDRIP. The Bill intends to address Australia's lack of UNDRIP's implementation into law, policy and practice, the lack of a National Action Plan to implement the UNDRIP, negotiated with indigenous peoples, and the lack of auditing of existing laws, policies and practice for compliance with the UNDRIP. The Bill requires the Commonwealth Government to: (a) take measures to ensure consistency between Commonwealth laws and the Declaration; and (b) prepare and implement an action plan to achieve the objectives of the Declaration (c) each financial year, prepare an annual review on the progress of (a) and (b). Human rights implications The Bill in its entirety positively engages human rights as it tries to address, to the extent possible provided by its content, that Indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonisation and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, through recognising and ensuring that Indigenous people are entitled without discrimination to all human rights recognised in international law, and that Indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples. The Bill provides for the implementation of the UNDRIP to ensure Australia, in its law, policy and practice, complies with the UNDRIP, which the Commonwealth Government endorsed in 2009 but has not taken explicit action to advance. The Bill thereby positively advances the human rights of Indigenous peoples as outlined in the UNDRIP.
