Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Labor, you claim to support First Peoples. You claim to stand for justice. But today your words mean nothing unless they are backed by action. This bill before us, the Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023, is about the rights of First Nations peoples. It hits the three Rs: it is reasonable, rational and responsible. It is a simple change to ensure the Parliamentary Joint Committee on Human Rights, when scrutinising legislation, is able to consider rights and freedoms laid out in the United Nations Declaration on the Rights of Indigenous Peoples, the UNDRIP, a human rights instrument this country signed up to in 2009. It means that, every time a minister puts forward a piece of legislation, they have to write a statement of compatibility that forces them to consider the rights and freedoms of First Nations peoples as laid out in the UNDRIP.

It was actually a Labor government who signed this country up to the UNDRIP, which was developed over many years by First Peoples all over the world. It was a Labor senator, Patrick Dodson, who, in his last act of parliament, tabled the UNDRIP report, which recommended not only this change but that the whole of UNDRIP be implemented into domestic legislation. I won't go into the whole story of how Labor hijacked my original bill and watered down the inquiry; that's a yarn for another time.

Last year I tried to do exactly what the UNDRIP report recommended and introduced a bill that set up the framework for its implementation in domestic legislation. I thought: 'Labor themselves recommended this. Surely they can't vote against it. That would be so unlike them.' But Labor and Liberal voted it down right after their gammon referendum. When I asked them why they couldn't support the bill, Labor told me they needed the permission of their Liberal mates before they could move forward on the rights of First Peoples. Today I come with an even more modest proposal for the human rights committee to just be able to consider the rights in UNDRIP when scrutinising legislation. It is not that hard. Once again, this is something the Labor Party apparently supports. It was in their own committee recommendations. This support will come to a test today. If the government do not support this bill, we know that it is only because it was not written by yourselves and that policy does not matter in this place—only political games.

I am not fighting for this for myself; I am fighting for the rights of blackfellas all over this country. Not supporting this bill meant not even having the courage to let a human rights committee, who they ignore anyway unless it suits them, put some words on a piece of paper, which none of you will bother to read anyway. Theoretically, the government should already be bound by the provisions outlined in the United Nations Declaration on the Rights of Indigenous Peoples anyway, from back when they agreed to it in 2009. There should be nothing to fear.

Let's be real. The colonial masters have a long history of treating human rights like an optional guideline, not a binding obligation. They don't care about First Peoples' rights. They don't care about truth-telling. All they care about is their own survival. Minister McCarthy, you can have a legacy. You could actually fight for the rights of our people. I don't mean fighting me; that's exactly what the colony wants. I mean fighting the people in your own party to stand up for our people. If you really care for your people, cross the floor if your party won't support this bill. Show the people on the ground that you are willing to put yourself on the line for them. Instead, you will go down in history as just another minister for Indigenous Australians who did not fight for real justice for our people. Shame.

Disappointingly, I didn't even get a phone call or reply when I requested a meeting with you, the Minister for Indigenous Australians, and the Attorney-General about this bill. You shut the door. You didn't even want to talk about it—too ashamed to front up. Apparently, Minister McCarthy, you were too busy. What in your calendar, Minister, was more important than the rights of your people? The letter even had the signatures of the majority of crossbench senators and members of parliament, meaning you have the support to pass this bill today in both houses.

How's that, mob out there? This place and the place next door have an opportunity to take seriously the rights of our people in this country, and we have a gammon Labor government who will do nothing, except to turn up to the Sorry Day morning tea and make a few gammon speeches about how much they care about us. You've got to see through this. Look how many people are locked up. Look how many babies are taken away. Look how much destruction there is of our water and our land. They are so gammon.

The support for this change is unanimous and has been called for by experts, academics and civil society more broadly, including by the Australian Human Rights Commission in their 2021 report Free and equal: a reform agenda for federal discrimination laws (2021); the United Nations Special Rapporteur on the Rights of Indigenous Peoples, who recommended this amendment in a report after her visit to this country in 2017; the Inquiry into the United Nations Declaration on the Rights of Indigenous Peoples in Australia report 2023, recommendation 6; the Human Rights Joint Committee Inquiry into Australia's Human Rights Framework report 2024, recommendation 13; and Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss, is calling for this amendment in her current listening tour. You appoint these commissioners. You say that they're going to do all these deadly things. You just appointed a children's commissioner. What's the point if you don't take on board what they are saying?

It is a simple yet critical amendment that ensures that no matter who is next in government—and we know you're doing really badly out there—we have to consider the human rights of First Peoples every time they put forward a piece of legislation. So they can't send the army into communities to destroy peace and harmony, because we would have an instrument that calls out the human rights and the Indigenous rights prior to that happening. Today I anticipate we will hear nothing but excuses from Labor. They will tell us to wait and to compromise, and to negotiate within the boundaries they set on their white line that they're not allowed to cross. They will tell us that there are too many unintended consequences. The human rights committee is not powerful. There is a majority of Labor and Liberal people around the table to ensure that the human rights committee doesn't have any power.

Our people have waited for over two centuries for rights in this country. We have negotiated with the colonial boots on our necks every time. This is not governance; this is domination by delaying. Labor has real power, a crossbench that today is ready and would support human rights and First Peoples' rights in this country. So, Labor, are you genuine? You wear your Aboriginal earrings and your deadly little dot-painted scarves and you pretend to care, but, in fact, you really don't, because you've got to uphold the colonial system, and the colonial system is not about giving us rights; it's about taking away our rights and stripping us of our rights. It's about stripping us of our land, resources, water, babies, families—the list goes on.

You sip your morning tea and celebrate Rudd's apology, even though we've got 24,000 Aboriginal and Torres Strait Islander children in out-of-home care today. After he said sorry, they kept going; they kept taking our children. We have mothers who are being shackled to beds to have their babies and we have child protection waiting at the end of those beds to take those babies. If you are genuine, let the First Peoples in your party speak about what they genuinely want. Stop shutting them down. Stop gaslighting them. Let them speak. Let them cross the floor. If you are genuine, please prove this country wrong, prove me wrong, prove my people wrong: give this bill your support, especially today, on the national apology day.

We know Rudd's apology was carefully written. It was carefully scrutinised by the highest lawyers in this country so that there was no comeback to this government ever. We know that that apology was hollow. It ensured that there were no reparations. It ensured that they were able to continue to steal our children. So, while you sip your tea and have your cake and pat yourselves on the back, think about what else you can do today for our rights in this country, because our people are dying at a faster rate than anybody else in this country, and it's because of what comes out of this place. If you don't support this bill then you'll have to live with that. I hope you don't sleep well at night. I hope our ancestors haunt you all.

Lisa Darmanin (Victoria, Australian Labor Party) Share this | Link to 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.

Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

I want to thank Senator Thorpe for bringing this bill to the parliament this morning and recognise her work and her passion for her people and the ongoing work that we on this side continue to do. I agree with the point of expanding the human rights definition in the Human Rights (Parliamentary Scrutiny) Act 2011 to include UNDRIP. That requires us in this place to mobilise and commit to action, because we are sick and tired of the rhetoric and we are sick and tired of the political spin in this place.

This is the 17th anniversary of the National Apology to the Stolen Generations. And, yes, I went down to the Great Hall this morning to sit with stolen generations people and listen to them and watch them cry again for another year because of the lack of action of successive governments in this place. They have been doing that for 17 years, and there is now a report that says they are waiting for us to die. That is exactly what's happening to an aging population of black people in this country. You're waiting for them to die so you don't have to pay reparation and compensation to the people.

None of the laws in this place measure up to the human rights framework. They don't measure up to the UN Declaration on the Rights of Indigenous Peoples, a declaration that was scripted by Indigenous people for Indigenous people to guide your governments in making sure that we never live under the regime of the past. It's about facing up to the past. I sat through the history of this country this morning and witnessed the legacy of the intergenerational trauma that I know exists in our communities. It exists and it is a legacy of your governments that you continue to perpetuate, and then you have a crack at us and say we're angry. We have to be frustrated and angry because, if we don't raise our voices, we will continue to be eradicated under your law, under the Westminster system that was brought here.

It is about recognition of the immense harm that government legislation of the day did by stripping our culture away from different people in different parts of this country. I want to acknowledge that it was not a homogeneous effect that happened. There are many elements who are still in their first language, in their native tongue, who are still living on country and who still have the benefits of that identity and their connection to their kin and to their country. That is not a homogeneous thing. But we, as First Peoples in this country, demand better, and the apology in 2008 should have been a turning point in this country for healing. It should never have been another hollow statement. It should never have been another, 'Yep, there it is. We've done the bit,' so that now we can allow people in 2025 to say things like, 'But I'm not responsible,' 'I didn't do that,' 'That wasn't me'—because that's what we have right now—or, 'People should just move on.' Why? There were uncles standing in that place this morning saying, 'I want the right to rebuild my family structures because there is a bloodline which I have responsibility for.' Yet we are given none of that because our basic human rights are not being met.

Senator Darmanin just spoke about Closing the Gap. I am the new chair of the Senate Select Committee on Measuring Outcomes for First Nations Communities, and I acknowledge Senator Cadell, who's in the chamber today who's also part of that committee. The reason we put forward this select committee is that there are four targets in Closing the Gap that are going backwards. They are going backwards and now are worsening from what we've heard. If you properly read that report that came down from the Productivity Commission on Monday, you will see it's still regressing. These are the most basic human rights for our people in this country. One is about the increase in adult incarceration. We see the Northern Territory passing laws to ensure that they fill up every lock-up, every watch house and every jail in the country. The prison industry is one of the richest in the world. Places like America are moving away from privatisation, but Australia is increasing it. Why? Ask yourself: is it for their economic empowerment? That's exactly what's happening.

There is child removal in places like Victoria, where Senator Thorpe comes from. I want to acknowledge the 24,000 children that are currently in out-of-home care. They are currently being removed and continue to be removed. When we said sorry, we should have stopped, we should have changed the law and we should have made sure that we would never again remove children in this country. But we are still doing that, and that is a target that is worsening. So the Labor government cannot take any kudos or say that they are doing anything in that. They are standing by and allowing that to happen on their watch. In terms of child development and the five domains of social and emotional wellbeing for First Nations children, we are failing. They are 40 per cent behind other children in this nation. What a shame. That is shameful. As a mother of two daughters, I know that the practical application of that is to have books in my home and to read to my children. Where's that in the Closing the gap report, Labor? It's not in there. This Labor government needs to do better. Stop standing on the hose for our people and give us the changes that we require. The legislation in this place has to be up to scratch, and that's what these amendments will do. That is what this bill will absolutely do.

I want to touch on the United Nations Declaration on the Rights of Indigenous Peoples. We know that FPIC—free, prior and informed consent—is so important. This week we passed the government's Future Made in Australia, but no-one is talking about co-investment. No-one is talking about equity shares for our communities. But they're still destroying cultural heritage. In question time yesterday I asked a question about Murujuga because the width and the breadth of the 46 articles in the UN declaration cut across every bill that comes into this joint. They should be assessed based on that and should absolutely have a statement of compatibility to make sure that they are up to scratch. The important part of the UN declaration and another one of those principles is recognising historic injustices—truth-telling. Truth-telling will bring justice, and it will bring healing to this nation.

If Australia wants to go down that pathway, it's laid out right now. The Greens have brought a bill to this place around a truth and justice commission to make sure that the formal processes pre colonisation are put into and enshrined in every school curriculum in this country to make sure that we are doing the work that will leave a legacy for the future generations of our children and our grandchildren. I appeal to everybody to understand what a difference it is absolutely going to make if we allow ourselves to just go: 'No more motherhood statements. No more half-baked actions. We are actually going to take forward and drive action. We are going to put in place what this government talks about, which is practical action that will make a difference.'

You cannot go into a workplace for a job if you are still experiencing racism in this country. The stark reality is that, post the 2023 referendum, there has been an increase in racism experienced online but also in our communities that is very, very real for First Nations people. People who've done lots of work on racism talk about it, and they relate it to being punched in the face. It is so damaging, and we have children who are experiencing this; we have babies who are experiencing this. This work must not just be about an economic pathway. I'm all for making sure we have opportunities. I'm all for eradicating poverty in our communities, because we still live under the breadline in our communities. That is a reality. But we cannot invest in structures that have been given to us because the successive governments in this country didn't want to do the whole job. Native title is a perfect example of that. I'm glad that the native title future acts regime is with the Australian Law Reform Commission for review. It's about time. But we cannot let that opportunity pass when we can fix every bit of legislation.

Senator Darmanin talked about the environment and the EPBC. You will see that I, Senator Thorpe and others from the crossbench all put up amendments to all of those bills—which you all vote down—because we know our communities and we know what they need. We continue to represent the issues that they bring to us and to use their voice, which we hear when they come to our offices—they don't come to yours. We bring their voice to this place, and we represent their issues. We will continue to do that, but today is your opportunity to change. Today is your opportunity to vote for Senator Thorpe's bill and to show Australia that we're doing the right thing and that Labor hasn't abandoned Indigenous affairs because you lost the referendum. This is the opportunity to fix that, and you could do it now.

Raff Ciccone (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The government is very proud to be supporting the United Nations Declaration on the Rights of Indigenous Peoples. As we heard from earlier contributions and from Senator Darmanin, we're also committed to enhancing Australia's application of rights under UNDRIP. We acknowledge the work of the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs and its report on the application of UNDRIP in Australia. It is worth noting that the government is considering the findings of the inquiry, and we've been working through those findings. We've also been working on embedding many of the principles of UNDRIP in the work that we do. It must be right. It must take time, but it must be done in the right way. Australia has been, proudly, a signatory since 2009 but, unfortunately, it took a Labor government to overturn the Howard government's shameful rejection of UNDRIP back in 2007.

Labor strongly believes in the right to self-determination and First Nations peoples' participation in decision-making. We know that, when First Nations peoples are meaningfully involved in the development of laws and policies, those laws and policies are much more successful. Nowhere is this partnership better shown than in the government's work with the Coalition of Peaks on closing the gap. The Coalition of Peaks is an organisation of more than 80 Aboriginal and Torres Strait Islander community controlled peak organisations and their members. The government proudly considers its working relationship with the Coalition of Peaks to be successful.

As the Prime Minister outlined earlier this week, the National Agreement on Closing the Gap is a landmark partnership. Also earlier this week, Minister McCarthy and the PM launched the Closing the Gap: Commonwealth2024 annual report:Commonwealth 2025 implementation plan. In Minister McCarthy's speech, she acknowledged what the government has been doing. The 2024 annual report also outlined the actions that the government has taken over the past year to deliver on the outcomes of the National Agreement on Closing the Gap, an agreement in partnership with the Coalition of Peaks that is emblematic of the principles of UNDRIP. It was focused on creating jobs and economic empowerment for remote communities, easing housing overcrowding and improving safety.

In 2024, the Commonwealth government commenced the new Remote Jobs and Economic Development program, which will create up to 3,000 jobs in remote communities over the next three years. The government is also committed to expanding the Indigenous Rangers Program to create a further 1,000 jobs with 770 positions being assigned to First Nations women. Further, there will be the release of the First Nations Clean Energy Strategy to maximise the nationwide potential for First Nations people to benefit from the clean energy transformation that this government is proudly implementing.

We've also introduced legislation to expand the role and remit of Indigenous Business Australia to boost First Nations peoples' economic empowerment. We've built more than 200 new homes in remote communities in the Northern Territory as part of our 10-year goal to halve overcrowding, expanded access to affordable PBS medicines, and opened the first of up to 30 dialysis units in regional and remote locations so First Nations people can receive treatment closer to home and on country. We've also welcomed over 300 enrolments in the First Nations Health Worker Traineeship Program.

The 2025 implementation plan outlines our strategy for the year ahead, focusing on easing cost-of-living pressures and improving food security in remote communities, delivering the next steps of the economic empowerment agenda and continuing to improve the outcomes of First Nations people. We've already announced $842 million and a six-year partnership with the Northern Territory government and Aboriginal Peak Organisations Northern Territory, another First Nations partner—something that the government is very proud to be working with—to deliver essential services for many remote communities, including policing, women's safety, health and education. The government is also investing in a range of other measures to reduce the cost of 30 essential products in more than 76 remote stores, building a nutrition workforce in remote communities, rolling out new laundries and upgrades to existing facilities in 12 remote communities, strengthening the Indigenous Procurement Policy to boost opportunities for businesses and increasing opportunities for First Nations Australians to buy their own home and build intergenerational wealth through the Australian home loans capital funds. These measures are just some of the initiatives that the government is committed to delivering over 2025.

Closing the Gap is UNDRIP in action. We cannot make decisions about how to implement UNDRIP in Australia without meaningful engagement and consultation with First Nations people. I think that has to be the bedrock of any decision that this government makes. There is no-one who pushes against the principles of UNDRIP or has a record of opposing it like those opposite. Really, it is about trying to bring everybody together in this place. I think it's so important that we do work in a collaborative manner. This government, particularly with the leadership of Minister McCarthy, are very much implementing our promises and our agenda to empower First Nations people here in Australia.

It is also worth mentioning that the Albanese government is committed to progressing meaningful programs and policies that will empower First Nations people through the strengthening of partnerships and hearing from all of them about what works, what does not and what will lead to meaningful change. That is UNDRIP in action. Through the Joint Council on Closing the Gap, we are creating systemic change to improve the way we work with First Nations Australians, the Coalition of Peaks and state and territory governments. At the end of the day, we all need to work collectively and cooperatively, and we have to make sure that we do build a better future and that there is meaningful change for many generations ahead. On that note, I am going to finish my speech there.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I move:

That the question be now put.

Question agreed to.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

The question now is that the bill be read a second time.

Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

by leave—the Albanese government supports the principles underlying the United Nations Declaration on the Rights of Indigenous Peoples, known as UNDRIP. As a signatory to UNDRIP, we commit to taking steps to realise those international standards and to do so in the spirit of partnership and mutual respect. The UNDRIP brings together existing human rights and applies them to specific contexts affecting Indigenous peoples. It provides a framework for countries to realise these rights but provides flexibility so the details can be determined at a domestic level in partnership between the state and Indigenous peoples. While we have structures in place to facilitate First Peoples' perspectives, our government remains committed to increasing opportunities to work in partnership with Indigenous Australians to achieve improved outcomes.

On 28 November 2023, the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs released its report on its inquiry into the application of the UNDRIP in Australia. The government is considering the report, and we're determined to get this right. While it considers the report, the Albanese government is giving practical effect to UNDRIP through its programs, policies and approach to engagement and collaboration. This work is ongoing.

As the explanatory memorandum notes, the bill proposes a significant change to the role of the Parliamentary Joint Committee on Human Rights. The committee's role has been important and longstanding. Changes to its role must be carefully considered. As the explanatory memorandum notes:

… under the Human Rights (Parliamentary Scrutiny) Act 2011 , new Bills and disallowable legislative instruments must be accompanied by a statement of compatibility with human rights. Currently, it assesses the compatibility of the legislation with the rights and freedoms recognised in the seven international human rights treaties that Australia has ratified.

The explanatory memorandum further notes:

… practical impact of this bill is that the Parliamentary Joint Committee on Human Rights (PJCHR) may, in the course of the committee's examination of bills, legislative instruments, Acts and other inquiries, consider and report on the rights and freedoms outlined in an eighth international instrument, the UNDRIP.

The government is not in a position to agree to this significant change at this time.