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First Peoples' rights in Australia

Discover the rights of Aboriginal and Torres Strait Islander Peoples as Traditional Owners and how they are protected under Australian and international law.

Aboriginal and Torres Strait Islander Peoples Article

Summary

Each of us has a role in ensuring that Aboriginal and Torres Strait Islander people feel safe, respected and that their rights are upheld within our communities.

Overall, Aboriginal and Torres Strait Islander people experience more unfair treatment and hardship than non-Indigenous Australians.

Around one million Aboriginal and Torres Strait Islander people live in Australia, making up about 3.8% of the population.

European colonisation has had a devastating impact on the human rights of Aboriginal and Torres Strait Islander people. These impacts are ongoing.

First Peoples' rights

Aboriginal and Torres Strait Islander people come from hundreds of distinct groups (mobs) with unique languages, histories and cultural traditions. They are the original people of Australia.

Like other Indigenous people around the world, they have specific rights. These rights are in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

This UN treaty is the best tool we have to promote and protect the rights of Aboriginal and Torres Strait Islander people. The Australian government signed up to the treaty in 2009, but is yet to fully integrate UNDRIP into federal law.

UNDRIP includes 4 key principles:

Self-determination

Self-determination means people have the right to control their own lives.

These principles help protect the human rights of Indigenous people in:

  • governments
  • businesses
  • organisations
  • communities.

We need to elevate and empower our People, and this must be done together.

Social Justice Commissioner Katie Kiss

Systemic racism

Aboriginal and Torres Strait Islander peoples experience racism in many important parts of life - from health and employment to education and justice.

All of these different systems (health, employment education and justice) combined with what's happened in history, contribute to systemic racism.

It's not just about one person experiencing racism, but about how whole systems make things harder for certain racial groups, including Aboriginal and Torres Strait Islander people.

Systemic racism has many negative impacts, including:

  • poor health
  • a lower standard of education and living
  • stereotyping
  • social exclusion.

Video: ‘From dreams, let’s make it a reality’

In the Bunuba language, Yajilarra nhingi, mindija warrma means ‘from dreams, let’s make it reality’. This animation captures the story of Wiyi Yani U Thangani (Women’s Voices) – the story of strength, resilience, sovereignty and power that has been told by the voices of First Nations women and girls.

Supporting connections to culture

Cultural factors can positively influence Aboriginal and Torres Strait Islander people’s health and wellbeing, including connection to:

  • Country (where you're from)
  • knowledge and beliefs
  • language
  • family and kinship
  • cultural expression.

It's important that individuals, organisations and institutions recognise and support Aboriginal and Torres Strait Islander people's connections to culture.

Related content

Haven't found what you're looking for?

If you're looking to learn about race discrimination, we offer a dedicated section that explains what it is, how it affects people and communities, and what legal protections exist under the Racial Discrimination Act. You'll find clear, practical information and guidance on how to take action if you've experienced discrimination or want to support others.

Race discrimination

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