United Nations Declaration on the Rights of Indigenous Peoples

Aboriginal and Torres Strait Islander Social Justice

The Declaration on the Rights of Indigenous Peoples

The Declaration on the Rights of Indigenous Peoples (the Declaration) sets the minimum standards for the survival, dignity, security, and well-being of Indigenous peoples worldwide, emphasising their right to maintain their unique identities.

The Declaration was approved by the United Nations in September 2007 after more than 20 years of discussions between Indigenous groups and governments from different countries. In 2009, the Australian Government also showed its support for this Declaration.

What's really significant about this Declaration is that it was created with the input of Indigenous communities, including Aboriginal and Torres Strait Islander peoples. This means that the people it directly affects had a say in how it was written, making it even more meaningful and relevant.

"The Declaration is the most comprehensive tool we have available to advance and protect the rights of Aboriginal and Torres Strait Islander peoples. I use the Declaration as my guide as Social Justice Commissioner."

June Oscar AO, Aboriginal and Torres Strait Islander Social Justice Commissioner 2017-2024.

Get It

The first step in understanding the Declaration is to get it and engage with it. The Commission has created a number of resources to support this first step.

These resources are:

Know It

The Declaration covers all areas of human rights as they relate to Indigenous peoples. This includes the fundamental and foundational human rights of Indigenous peoples which can be categorised into four key principles:

Self-determination
Participation in decision-making
Respect for and protection of culture
Equality and non-discrimination

These four principles provide guidance on how Aboriginal and Torres Strait Islander communities, governments, civil society and the private sector can apply the Declaration to help fully realise the human rights of Aboriginal and Torres Strait Islander peoples.

Use It

Using and promoting the Declaration can help bring about positive change.

One of the best ways Aboriginal and Torres Strait Islander people can do this is by using the language of rights when talking about the issues in their communities. Using the Declaration reminds all levels of government of our rights.

The Declaration can also be used in other ways, including:

by organisations adopting the standards in the Declaration in policy statements or guidelines
it can be used in law reform submissions to governments
it can be referred in letters to those who represent Indigenous peoples in all levels of government and to government officials
it can be referred to in court matters
it can be used in media campaigns
it can be used to strengthen and guide campaigns about issues reflected in the Declaration
to campaign for constitutional recognition of our rights – both at the national level, and also in recognising the Declaration in the constitutions of our institutions and organisations.

I think people should use the Declaration at every opportunity. For example:

If you are writing to government quote articles of the Declaration.

If you’re involved in health quote the health article.

If you are involved in native title or land rights quote the lands, territories and resources articles.

If you are in education quote the articles about education and language.

If you are on about political organisation talk about self-determination and our right to be autonomous and govern ourselves.

For any aspect of Aboriginal or Torres Strait Islander life there is something in the Declaration that you can use and utilise to reinforce your arguments and what you and your mob are trying to do.

Mick Dodson AM, Aboriginal and Torres Strait Islander Social Justice Commissioner 1993-1998.

Using Your Rights: referring to the Declaration

We can use the Declaration in any work we are doing. When writing submissions, letters or in the media the best way to refer to the Declaration is to quote the relevant article.

Example

Article 18 of the UN Declaration on the Rights of Indigenous Peoples outlines the right of Aboriginal and Torres Strait Islander peoples to actively participate in decisions about matters that affect them. It states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

To ensure consistency with this standard, an effective system must be established to actively engage Aboriginal and Torres Strait Islander peoples in the decision-making process.

Australia’s support for the Declaration does not make it law in Australia. However, we can still use the Declaration to lobby for reforms to laws, policies and programs to ensure they are consistent with standards of the Declaration.

The Declaration is given weight by the following factors:

It is sourced from existing international human rights law
It is widely supported by both governments and Indigenous peoples globally
It is the result of a democratic and open process
It uses language similar to a treaty

Resources

The Australian Human Rights Commission

The role of the Australian Human Rights Commission is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A Status’ National Human Rights Institution. We strive to resolve complaints, encourage positive law reform and build a shared awareness and recognition of freedoms and rights throughout Australia.

We operate under the Australian Human Rights Commission Act 1986 (Cth) as well as federal laws that seek to ensure freedom from discrimination on the basis of attributes such as age, disability, race, sex, sexuality and gender identity.

The Commission also has specific responsibilities under the Native Title Act 1993 (Cth) and the Fair Work Act 2009 (Cth). Our job is to work towards an Australia in which human rights are respected, protected and promoted – finding practical solutions to issues of concern; advocating for systemic change; and raising awareness across the community.

Video

The video below was produced by the Australian Human Rights Commission. It explains the Declaration and its importance to international understandings of human rights.