Senate debates Committees

Legal and Constitutional Affairs References Committee; Reference


Lidia Thorpe

Lidia Thorpe Victoria, Australian Greens

4:24 pm

I, and also on behalf of Senator Cox, move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 15 September 2022:

The application of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Australia, with particular reference to:

(a) the history of Australia's support for and application of the UNDRIP;

(b) the potential to enact the UNDRIP in Australia;

(c) international experiences of enacting and enforcing the UNDRIP;

(d) legal issues relevant to ensure compliance with the UNDRIP, with or without enacting it;

(e) key Australian legislation affected by adherence to the principles of the UNDRIP;

(f) Australian federal and state governments' adherence to the principles of the UNDRIP;

(g) the track record of Australian Government efforts to improve adherence to the principles of UNDRIP;

(h) community and stakeholder efforts to ensure the application of UNDRIP principles in Australia;

(i) the current and historical systemic and other aspects to take into consideration regarding the rights of First Nations people in Australia; and

(j) any other related matters.

Anne Ruston

Anne Ruston SA, Liberal Party, Minister for Families and Social Services

I seek leave to make a short statement.

Slade Brockman

Slade Brockman President

Leave is granted for one minute.

Anne Ruston

Anne Ruston SA, Liberal Party, Minister for Families and Social Services

The Declaration on the Rights of Indigenous Peoples is a non-legally-binding resolution of the UN General Assembly. It sets out the rights of Indigenous peoples and the application of states' human rights obligations to Indigenous peoples. Australia supports the Declaration on the Rights of Indigenous Peoples and gives practical effect to the declaration through programs and policies. Australia and many other states have expressed reservations due to the lack of clarity on the meaning and application of 'self-determination' and 'free, prior and informed consent'.

Slade Brockman

Slade Brockman President

The question is that the motion moved by Senator Thorpe be agreed to. We are dealing with business of the Senate motion No. 6.