On September 13, 19 years ago, the United Nations put forward a non-binding declaration, setting global human rights standards for the world’s Indigenous peoples. Australia has not embedded it into domestic law.  

The UN Declaration on the Rights of Indigenous People, UNDRIP, is an international document that states the rights of all First Nations peoples. It sets a worldwide human rights standard for them. Australia rejected UNDRIP in 2007, but formally approved it in 2009. However, it is has no power in Australian law; unless Parliament brings it in to our laws.

Executive manager for cultural engagement and community impact at Reconciliation WA, Levi Islam, said key principles of UNDRIP include self-determination, participation and decision making, respect/equality and non-discrimination.

He said: “It is important for all nations to be aware of the disparity between Indigenous [and non-Indigenous] people, which is why the principles of UNDRIP are so relevant to our Indigenous peoples. But in essence, UNDRIP principles should be extended to all persons regardless of background.

“Although there’s been efforts towards Indigenous Human rights [since 2009], they’ve been very isolated and separate in their approach. It’s not been a consolidated approach. And I think that’s where UNDRIP provides a clear, consolidated approach.”

Australia’s initial rejection was mainly because of self-determination. The Australian Indigenous Governance Institute said that “with self-determination, Aboriginal and Torres Strait Islander groups can make their own decisions about their governance … self-determination means having genuine decision-making power … about what happens on their lands and waters, in their affairs, in their governing systems and in their development strategies.”

At the time, then-Prime Minister John Howard indicated that promoting “separate development” was not the correct thing to do. “We do not support the notion that you should have customary law taking priority over the general law of the country,” he said at the time.

Social Reinvestment WA policy officer Sienna Amarant has said self-determination was not about giving anyone more power than others, but allowing Indigenous communities to have a voice in matters that impact them the most.

“There is a fear that self-determination means certain communities and people have more power than others, but self-determination is about righting the wrongs of the past, of colonisation, and allowing Aboriginal and Torres Strait Islander people to make decisions about their own lives. It’s in the spirit of equality, and improving outcomes for Indigenous children, families and communities,” she said.

All countries around the world now formally approve UNDRIP, but progress around its implementation differs. The Canadian government approved UNDRIP in 2016, and despite being the last country to do so, has begun to implement UNDRIP as law since 2021.

Administration officer at Reconciliation WA Kush Rathore said Canada is far ahead of Australia, even though they approved UNDRIP much later.

“Even though [Canada] was one the last places to remove its objective status in 2016, they actually have a full committee for the implementation of UNDRIP,” he said.