Implications of the Declaration on the Rights of Indigenous Peoples (UNDRIP) for Australia

Executive Summary

The United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP) in the year 2007. The guiding principles enshrined in the Declaration on the Rights of Indigenous Peoples (UNDRIP) have binding norms in the domestic setting. Australia, under the Rudd Government, endorsed the declaration on 3rd April 2009. Major human rights issues faced by people in Australia relate to health, education, land ownership, remoteness and social discrimination. There are three key areas that have been focused on by the Australian government when it comes to the implementation of the declaration in the country. The three most important areas identified by the government are autonomy of the indigenous group, self-determination and non-discrimination. However, there is still a lot of work to be done in this domain. The government is also responsible for reinforcing the faith of the indigenous people on it.

Table of Contents

Introduction1

Obligations of the Declaration for Australia2

Human rights issues currently confronting indigenous people in Australia3

Land ownership3

Remoteness3

Health4

Education4

International human rights treaties5

Implementation of the Declaration in Australia5

Issues faced by indigenous people in other countries6

Recommendations for better implementation of the Declaration in Australia7

References8

Implications of the Declaration on the Rights of Indigenous Peoples (UNDRIP) for Australia

Introduction

The United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP) in the year 2007. In the 62nd session of the Assembly, which was held in New York City, the UN declared it. Though, it is not legally binding on the countries across the globe to adopt each and every article of the Declaration, it has had an influence on the international legal norms. The direction of the member states of the United Nations is decided in conformation with its relevant declarations (Beiter, 2005). The UNDRIP goes goes one step further than Universal Declaration of Human Rights to address the needs and rights of the indigenous groups. These groups have some discreet needs that relate to health, employment, language, culture, education, and identity. These people have the right to pursue their life and careers according to their ambitions and desires. The indigenous people may not be held back from participation in any activity that may be regarded as their fundamental right.

Keeping in view some of the major human rights issues faced in Australia, the government adopted the UNDRIP. The paper discusses the Obligations of the Declaration for Australia, the Human rights issues currently confronting indigenous people in Australia as well as those faced by indigenous people, other international human rights treaties that address the issues highlighted, and implementation of the Declaration in Australia. It also gives recommendations on how the UNDRIP can be better implemented in Australia.

Obligations of the Declaration for Australia

The guiding principles enshrined in the Declaration on the Rights of Indigenous Peoples (UNDRIP) have binding norms in the domestic setting. Australia, under the Rudd Government, endorsed the declaration on 3rd April 2009. In order to understand the obligations of the declaration for Australia, it is ...