The fifth anniversary of the United Nations Declaration on the Rights of Indigenous Peoples

Thursday September 13, 2012 was the fifth anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples.

Without doubt this international instrument has already been established universally as a human rights benchmark to confirm the indigenous peoples of the world are equal to all other peoples.

This achievement, within the first five years of its life, is verification that the rights of our peoples, encompassing social organisation, cultures, territories and development, are progressively being acknowledged.

Our collective rights as peoples are being expressed, interpreted, integrated and experienced by the many distinct indigenous populations, populations which historically have been ruthlessly dominated and exploited by powerful, gregarious societies.

Indigenous peoples everywhere are citing the Declaration and its components as they vie for equality and non-discrimination in their own territories.

Slowly but surely, member States of the United Nations are revising their relationships with indigenous peoples to respect these human rights.

We can see evidence that basic human rights as articulated in the Universal Declaration of Human Rights are being given extra attention where indigenous peoples are involved.

More importantly the collective rights of indigenous peoples, rights which are so vital to the survival and success of civilizations, can no longer be denied or opppressed through legitimisation by the authority of States.

Indigenous peoples have much to expect from the United Nations to ensure the equality of peoples is respected at the global level.

The establishment of mechanisms, including the UN Special Rapporteur on the Rights of Indigenous Peoples, the UN Expert Mechanism on the Rights of Indigenous Peoples and the UN Permanent Forum on Indigenous Issues are concrete steps already taken to guarantee change.

These are very specific and important actions taken by the United Nations to ensure that the rights of Indigenous Peoples are a priority concern towards not only global peace, security and development, but also the wellbeing of the cultural and ecological environs.

States should be taking consequent steps, if they have not already done so, to broaden the momentum for change.

The World Conference on Indigenous Peoples, declared by the United Nations as an event in Year 2014, should be seen as a time for important reflection.

This significant occasion will mark the end of the Second Decade of the World’s Indigenous Peoples.

The World Conference will offer an opportunity for States and indigenous peoples alike to examine the endeavors, achievements and shortcomings over two decades to realise the rights of the indigenous peoples of the world.

In Australia over the past five years, there has been a turn around in the commitment by the State to the UN Declaration on the Rights of Indigenous Peoples.

In 2009 the Government of Australia announced its support for the Declaration, having voted in 2007 in the General Assembly against the adoption of the Declaration.

The Government has given tangible support to the establishment of the National Congress of Australia’s First Peoples, a body created in accordance with Article 18 of the Declaration.

The Government has also commissioned a review of the Constitution of Australia to provide recognition that Aboriginal and Torres Strait Islander peoples are the First Peoples of Australia.

As a third initiative, the Government has established the ‘Human Rights Framework’ as a policy of government.

This framework includes, inter alia, training of government officials in international human rights obligations undertaken by Australia and the establishment of a parliamentary standards committee to review the laws of the national parliament for compliance with human rights standards.

Following examination of human rights in Australia in 2011, under the Universal Periodic Review provisions of the UN Human Rights Council, Australia is considering the ratification of ILO Convention No. 169, an international treaty which addresses the rights of indigenous peoples.

These specific initiatives are yet to achieve tangible benefits for Aboriginal and Torres Strait Islander people but have serious potential.

Australia has yet to describe its overall government pertaining to indigenous issues in terms of the Declaration (apart from perfunctorily claiming overall compliance with the standard).

Aboriginal and Torres Strait Islander people are unquestionably very confused about how the State has addressed, or is to address, implementation of the Declaration.

Greater effort is needed to describe government priorities and administrative actions against the specific human rights articles in the Declaration.

There can be no doubt that Aboriginal and Torres Strait Islander people in Australia have a high level of awareness of the existence of the UN Declaration on the Rights of Indigenous Peoples and an appreciation that the United Nations will continue to examine the exercise of the rights and freedoms of indigenous peoples of the world.

This has been amply demonstrated during the past five years by many UN reports which address Australia and the rights of the Aboriginal and Torres Strait Islander peoples.

However, a shortcoming is the lack of clear understanding amongst our population of the specific rights expressed in the Declaration, or the correlation of such rights with articles in the ratified international human rights treaties.

Specifically, the definition of ‘peoples’ is not understood, and is often misinterpreted.

The term ‘peoples’ must be understood in the context of international law and global governance.

More clear understanding of how the right of self-determination is manifested and exercised is important, to avoid disunity between sub-groups and over-reach of sectarian interests.

At the national level there are calls for a comprehensive program for raising awareness and understanding of the Declaration by the Aboriginal and Torres Strait Islander peoples.

Correspondingly there must be increased efforts to generate awareness across the various agencies of government to ensure that the particular and relevant provisions of the UN Declaration are appreciated and lead to revision of laws, policies and programs.

The Australian Human Rights Commission is collaborating with the National Congress of Australia’s First Peoples and the Indigenous Peoples Organisations to implement a national strategy for increased awareness and understanding of the Declaration on the Rights of Indigenous Peoples.

Looking back we must remember how it has taken so long to have our rights as indigenous peoples recognised in global governance and international law.

Five years on, it is time for the Aboriginal and Torres Strait Islander peoples to be more vigorous in exercising these rights and freedoms.