United Nations Declaration on the Rights of Indigenous Peoples
On 13 September 2007, the United Nations voted to adopt the Declaration on the Rights of Indigenous Peoples. Australia was one of just four nations to vote against its adoption, with New Zealand, the United States and Canada.
The Declaration was developed over 22 years, after the UN Economic and Social Council established the Working Group on Indigenous Populations in 1982. Drafting the Declaration commenced in 1985. Australia was heavily involved in the development of the Declaration in its early stages, up until 1996.
Following the 2007 Federal Election, the Rudd Government announced that it would commence consultations on reversing Australia's opposition to the Declaration. On 3 April 2009, the Federal Government announced that Australia would support the Declaration. On that occasion, the Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin MP, said:
"Today, Australia takes another important step in re-setting the relationship between Indigenous and non-Indigenous Australians and moving forward towards a new future.
Today, Australia joins the international community to affirm the aspirations of all Indigenous peoples.
We show our respect for Indigenous peoples.
We show our faith in a new era of relations between states and Indigenous peoples grounded in good faith, goodwill and mutual respect.
The work of drafting the United Nations Declaration on the Rights of Indigenous Peoples began in 1985.
The Declaration was more than twenty years in the making.
For the first time governments worked directly with Indigenous peoples to develop a significant human rights statement.
The decades of work culminated in a landmark document. A document that reflects and pays homage to the unique place of Indigenous peoples and their entitlement to all human rights as recognised in international law."
The Law Council believes the Federal Government, and the Governments of the States and Territories, must now commence work on ensuring all laws and policies are consistent with the Declaration.
The Law Council has made the following submissions and statements with respect to the Declaration on the Rights of Indigenous Peoples:
