Senate debates

Thursday, 13 February 2025

Bills

Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023; Second Reading

9:15 am

Photo of Lisa DarmaninLisa Darmanin (Victoria, Australian Labor Party) Share this | Hansard source

I'm pleased to rise to speak on the Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023. The Albanese government are committed to the principles of the United Nations Declaration on the Rights of Indigenous Peoples and we have embedded them in our work, particularly Closing the Gap. The Labor government live these principles in the way we partner with First Nations people and communities. This is exemplified in our work with the Coalition of Peaks on closing the gap. We cannot make decisions about how to implement the UNDRIP in Australia without meaningful engagement and conversation with First Nations people. As a government, we must be sure to take the time to get this right, working together with First Nations people.

UNDRIP was adopted by the General Assembly of the United Nations in September 2007. Australia, under the former Howard government, was one of only four countries who voted against it. It was Labor, when the Rudd government was elected, who signed up to the UNDRIP and it is Labor that is embedding these principles in the way it works. It took the election of the Rudd government to get Australia back in the international community on this issue, and it took the election of the Albanese government to turn these aspirations into reality. We have embedded the principles of UNDRIP in the work we do. The National Agreement on Closing the Gap is a prime example of how we are supporting the principles of self-determination that underpin UNDRIP. We know that, when First Nations people are meaningfully involved in the development of laws and policies that impact them, those laws and policies are more successful. Labor has long been committed to UNDRIP. It was Labor that signed on and it is Labor that is embedding the principles in the way that it works.

The most important thing for First Nations people is that government works for them. The closing the gap national agreement commits not just the Australian government but all state and territory governments to working differently and delivering for First Nations Australians. That is the job of Minister McCarthy every day and it is the focus of her colleagues around the cabinet table. Principles are important, and we are committed to them, but what is more important is how those principles translate into real actions, and that is our laser focus. Closing the Gap is an example where all governments committed to working with First Nations partners to design and deliver programs that will help close the gaps in outcomes. The four priority reforms agreed with the Coalition of Peaks in the closing the gap agreement chart a course for changing the way government works. This is hard, consistent work and it takes time. There is no magic wand. The National Agreement on Closing the Gap remains the critical framework for delivering improved outcomes for First Nations people.

Closing the Gap is about partnerships with First Nations people, organisations and communities at all levels of government. All partners to the national agreement are responsible for outlining the actions they are taking in annual reports and implementation plans. Just this week, the government tabled the Closing the Gap 2024 annual report and 2025 implementation plan. This Commonwealth report demonstrates the actions we took in the last 12 months and puts forward what we will deliver in 2025. This report delivers on a key commitment under the National Agreement on Closing the Gap. All governments, federal, state and territory; the Local Government Association; and the coalition of peaks have committed to releasing annual reports and implementation plans each year, outlining what they are delivering to achieve the Closing the Gap targets and priority reforms. The Commonwealth's report outlines the actions we have taken in 2024 and what we will deliver in 2025 to help achieve Closing the Gap outcomes.

We have delivered on these priorities. We have launched the Remote Jobs and Economic Development program, with around 200 applications received in round 1, and with round 2 now open. We have expanded the Indigenous Rangers Program to create 1,000 new jobs, including 770 positions for First Nations women. We have introduced legislation to expand the role and remit of Indigenous Business Australia to boost First Nations economic empowerment. We have built more than 200 homes in remote communities in the Northern Territory as part of our 10-year goal to halve overcrowding. We have invested in community-led justice reinvestment initiatives in 27 sites across the country and delivered significant increases in funding for First Nations legal services. We have rolled out the 500 health workers program, with over 300 enrolments to date. And we have invested in much-needed renal services in remote communities, opening the Coober Pedy service. We have established the First Nations children's commissioner role, which will help protect the rights of First Nations children.

We will continue to build on these achievements and deliver action that will achieve change in 2025. In 2025 we will deliver a new Northern Territory Remote Aboriginal Investment agreement with the Northern Territory government and Aboriginal Peak Organisations Northern Territory that reflects a community led approach to improving the lives of First Nations Territorians. We will drive economic development through strengthening the Indigenous Procurement Policy. We will support First Nations women in business. We will help more people access home loans through Indigenous Business Australia. We will improve food security in remote communities by subsidising the cost of 30 essential items and creating 120 nutrition worker jobs in remote communities. We will invest in programs to improve mental health and social and emotional wellbeing and drive down suicide, including scholarships for 150 First Nations psychologists. We will roll out remote laundries to improve health and living conditions in 12 remote communities.

We have made much progress over the last almost three years, but we know there is much more that still needs to be done. What we also know is that the previous Liberal-National government signed up to Closing the Gap, but are they backing away from this agreement? They are not prepared to work in a bipartisan way or in partnership with First Nations people, which are central commitments under Closing the Gap. What those opposite are offering the Australian people is a grab bag of confused and contradictory priorities that will make matters worse for First Nations people and for our whole community. They have no vision and no plan. They want to divide and destroy. Their priorities are confused and contradictory, divisive and dangerous. They promise an audit of Indigenous programs as part of Dutton's plan to cut $347 billion. This is an obvious front for funding cuts that we should all be concerned about, like the $500 million they cut from Indigenous programs under former prime minister Abbott.

Make no mistake, this means cuts to job programs, cuts to housing, cuts to essential services like legal and health services and cuts to childcare programs. It means cuts to programs like Birthing on Country in Galiwin'ku, which is helping women in that remote community to give birth safely. It means cuts to renal services that save lives in remote Australia, in places like Coober Pedy, and it means cuts to programs like Junior Rangers in Nowra, where local kids are attending school and gaining confidence that will set them up for life.

They promise an attack on land rights masquerading as a review. Ultimately, they want to take away the rights of First Nations people. Those opposite need to be clear about the destructive alternative they pose to the Australian people. We will see more division and worse outcomes for everyone under a coalition government. I urge those opposite to take their closing-the-gap commitment seriously and to back the evidence based, tangible actions that will help improve the lives of First Nations people.

The government is aware that the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs tabled its report on the UNDRIP in 2023. The government is considering the findings of the inquiry report carefully, and we're working through them methodically. I will not pre-empt the government's consideration of the inquiry report, but it is important to note that we have already worked to embed many of the principles of UNDRIP in the work that we do.

In 2009, the government formally agreed to uphold the principles of UNDRIP. This work is ongoing, and key examples include the priority reforms under the 2020 National Agreement on Closing the Gap and adherence to the principles of UNDRIP through accountability measures. A range of Commonwealth laws incorporate FPIC principles. For example, under the Aboriginal Land Rights (Northern Territory) Act, traditional owners hold the decision-making powers over the use of Aboriginal land. The Native Title Act 1993 establishes the process for notification, consultation and negotiation with native title groups about acts affecting their native title rights and interests. The requirements vary according to the type of act proposed, with the highest procedural right providing groups with a right to negotiate. The Environment Protection and Biodiversity Conservation Act includes statutory public comment periods during which Indigenous communities can provide input into the environmental assessment of a proposal. If this information is provided, it must be considered by the minister in determining whether or not a proposed action can proceed.

The Albanese government is working to implement the principles of UNDRIP, and we are working to embed them in our work, particularly on closing the gap. This government is delivering action and working in partnership with First Nations communities, peak bodies and state and territory governments to close the gap. Our Closing the gap report shows we are delivering in health, we are delivering in housing, we are delivering in economic empowerment and jobs and we are delivering in community led justice initiatives and reinvestment—and we have more to do. Our plan is to drive economic empowerment, to ease the cost of living and food security issues in remote communities and to improve the living conditions and wellbeing of First Nations people.

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