Damon Mcknight
On September 13, 2007, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly. The declaration was the result of over two decades of negotiations between governments and indigenous peoples' representatives. The UNDRIP establishes a universal framework of minimum standards for the survival, dignity, and well-being of the world's indigenous peoples, elaborating on existing human rights standards and fundamental freedoms as they apply to indigenous peoples. Australia, along with Canada, New Zealand, and the United States, initially voted against the declaration, but has since reversed its position and endorsed it. Despite announcing support for the UNDRIP in 2009, Australia has faced criticism for its lack of formal and comprehensive implementation of the declaration's standards domestically.
| Characteristics | Values |
|---|---|
| Date of UNDRIP adoption by the General Assembly | 13 September 2007 |
| Number of states in favour | 143 or 144 |
| Number of states against | 4 (Australia, Canada, New Zealand, and the US) |
| Number of abstentions | 11 |
| Date of Australia's formal endorsement of UNDRIP | 2009 |
| Australia's position on UNDRIP | Initially against, but reversed its position |
| UNDRIP's role in Australia | Authoritative, but not formally recognised or implemented |
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What You'll Learn
Australia's vote against the Declaration in 2007
On 13 September 2007, the United Nations voted by a majority of 143 or 144 states in favour of adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Australia, along with Canada, New Zealand, and the United States, voted against the declaration. There were 11 abstentions, and 34 states were absent.
- The Australian government had long expressed dissatisfaction with references to self-determination in the declaration. They argued that self-determination applied to situations of decolonization and the break-up of states into smaller states with clearly defined population groups. Australia did not want to support any concept that could impair the territorial and political integrity of a state with a democratic representative government.
- Australia had concerns about the lack of participation in negotiations on the text of the declaration. They felt disappointed that their requests to engage in discussions on the current text were not accommodated.
- The Australian government saw the declaration as an aspirational document with political and moral force but not legal force. They believed it did not provide a proper basis for legal actions, complaints, or claims in international or domestic proceedings.
- Australia had concerns about potential conflicting interpretations and debates regarding the application of the declaration, as evidenced by the interpretive statements issued by states during its adoption.
- There were worries about the declaration's provisions conflicting with existing Australian laws. Mal Brough, Australia's Minister for Families, Community Services and Indigenous Affairs, stated, "There should only be one law for all Australians, and we should not enshrine in law practices that are not acceptable in the modern world."
- Australia also had issues with certain key provisions of the declaration, such as the right to self-determination, access to lands, territories, and control over natural resources on indigenous peoples' traditional lands.
After the vote in 2007, Australia eventually reversed its position and endorsed the declaration. By 2009, the Australian government announced its support for UNDRIP, and in 2020, the United Nations Department of Economic and Social Affairs recognised Australia as having adopted the declaration. However, the Law Council of Australia noted that as of 2023, the protections offered by UNDRIP have only been implemented domestically in a piecemeal manner, and formal recognition and comprehensive implementation are yet to be achieved.
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Australia's endorsement of UNDRIP in 2009
On the 13th of September 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). This declaration was the result of over two decades of negotiations between governments and indigenous peoples' representatives and aimed to protect the human rights of indigenous peoples worldwide. Notably, Australia was one of four countries that voted against the declaration, citing concerns over references to self-determination and the potential impairment of the "territorial and political integrity of a State with a system of democratic representative Government."
However, in 2009, Australia formally endorsed UNDRIP, reversing its initial position. This endorsement came despite Australia's dissatisfaction with certain aspects of the declaration, particularly the concept of self-determination for indigenous peoples. The Australian Federal Government's support for UNDRIP in 2009 was a significant step forward in recognising the rights and protections outlined in the declaration.
While Australia's endorsement of UNDRIP in 2009 was a positive development, it did not immediately lead to the incorporation or implementation of UNDRIP into domestic law. The Law Council of Australia noted that as of 2009, Australian governments and parliaments had not yet formally recognised and implemented the standards set out in UNDRIP. This piecemeal implementation was criticised, with calls for more comprehensive action to influence laws and policies affecting Indigenous peoples.
In subsequent years, Australia faced criticism for its lack of progress in aligning national policies with the principles of UNDRIP. In 2017, the UN Special Rapporteur on the Rights of Indigenous Peoples highlighted the country's failure to address the social disadvantages faced by its Indigenous population. Despite pledges to support the declaration, Australia has been slow to make tangible changes to policies and actions related to UNDRIP.
In 2022, the Senate referred the United Nations Declaration on the Rights of Indigenous Peoples to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs for inquiry and report, indicating a continued effort to address the application of UNDRIP in Australia. While Australia's endorsement of UNDRIP in 2009 was a step in the right direction, ongoing efforts and inquiries have highlighted the need for more comprehensive action to uphold the rights and protections outlined in the declaration for Indigenous peoples in Australia.
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Australia's failure to implement UNDRIP
On 13 September 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), a non-binding text outlining the protections and rights of indigenous peoples. While Australia initially voted against the declaration, it formally endorsed UNDRIP in 2009. However, Australia has faced criticism for its failure to effectively implement UNDRIP and uphold the rights of its Indigenous population.
Despite endorsing UNDRIP, Australia has not taken meaningful steps to incorporate its principles into domestic law. The Law Council of Australia has highlighted this discrepancy, noting that Australian governments and parliaments have yet to formally recognise and implement the standards set out in UNDRIP. This failure to enact substantive changes reflects a lack of commitment to upholding the rights and well-being of Indigenous peoples, as outlined in the declaration.
One of the key concerns regarding Australia's approach to UNDRIP is its reluctance to address the right of Indigenous peoples to self-determination. While Australia has expressed support for the full engagement of Indigenous peoples in democratic decision-making, it has simultaneously opposed any concept that might be perceived as threatening its territorial and political integrity. This contradictory stance undermines the spirit of UNDRIP, which seeks to empower Indigenous peoples to secure their own free, prior, and informed consent in matters affecting them.
Additionally, Australia has been criticised for its inadequate policies and actions relating to UNDRIP. In 2017, the UN Special Rapporteur on the Rights of Indigenous Peoples highlighted Australia's failure to address the social disadvantages faced by its Indigenous population, despite its economic growth. This criticism underscores the disconnect between Australia's stated support for UNDRIP and its lack of tangible progress in improving the lives of Indigenous peoples.
The lack of formal adoption of UNDRIP in Australia has significant implications for the country's Indigenous peoples. Without the legal framework provided by UNDRIP, there is a risk of imposing top-down reforms that fail to engage and secure the consent of First Nations people. This highlights the urgent need for Australia to move beyond piecemeal implementations and embrace a comprehensive approach to recognising and upholding the rights of Indigenous peoples, as outlined in UNDRIP.
In conclusion, Australia's failure to fully implement UNDRIP undermines its commitment to upholding the rights and well-being of Indigenous peoples. By not incorporating UNDRIP into domestic law and addressing key issues such as self-determination and social disadvantage, Australia falls short of the standards set by the declaration. To truly honour and protect the rights of Indigenous peoples, Australia must take decisive action to align its policies and practices with the principles of UNDRIP.
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Australia's 2017 pledge to support the Declaration
Australia initially opposed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), voting against its adoption by the General Assembly on 13 September 2007. The other three countries that voted against it were Canada, New Zealand, and the United States.
However, on 3 April 2009, the Australian Federal Government indicated its support for UNDRIP, becoming one of the four nations that initially refused to endorse it. Despite announcing support for the UNDRIP in 2009, the Australian government has not formally recognized and implemented its standards in a comprehensive way.
In 2017, Australia pledged its support for the Declaration on the Rights of Indigenous Peoples in its successful bid for a seat on the UN Human Rights Council. In its statement, the Australian government committed to "support the Declaration on the Rights of Indigenous Peoples in both word and deed, including the promotion of the declaration’s principles through national engagement." This pledge aimed to align Australia's national activities with the principles of the declaration.
Despite this pledge, Australia has faced criticism for a lack of tangible progress in implementing the UNDRIP. In 2017, the UN Special Rapporteur on the Rights of Indigenous Peoples highlighted the country's insufficient efforts to address the social disadvantages faced by its Indigenous population. Additionally, scholars, activists, and First Nations leaders have exerted increasing pressure on Australia to incorporate and implement UNDRIP into domestic law.
The UNDRIP is a landmark declaration that sets out the individual and collective rights of Indigenous peoples worldwide. It calls for the protection and strengthening of their cultural identities and emphasizes their right to pursue development according to their own needs and aspirations. The declaration also promotes the participation of Indigenous peoples in democratic decision-making while respecting the territorial and political integrity of states.
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Australia's continued criticism of UNDRIP
On 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly. The vote was 143 in favour, 4 against (Australia, Canada, New Zealand, and the United States), and 11 abstentions.
Australia has been criticised for its lack of action relating to UNDRIP, despite formally endorsing it in 2009. The country has been criticised by the UN Special Rapporteur on the Rights of Indigenous Peoples for not improving the social disadvantage of its Indigenous population, with existing measures deemed insufficient.
One of Australia's main criticisms of UNDRIP is its references to self-determination. While Australia supports the full engagement of indigenous peoples in democratic decision-making, it does not support any concept that could impair the territorial and political integrity of a State with a democratic representative government. Australia has also expressed dissatisfaction with the references to self-determination in the Declaration, stating that it does not provide a proper basis for legal actions or complaints.
Australia has also criticised the text of the Declaration, stating that it is not legally binding nor reflective of international law. Australia had repeatedly called for a chance to participate in negotiations on the text and was disappointed that none were convened.
Despite Australia's criticism and initial vote against UNDRIP, the country has since reversed its position and expressed support for the Declaration. However, Australia has not yet incorporated or implemented UNDRIP into domestic law. The Law Council of Australia has stated that the protections offered by the Declaration have only been implemented domestically in a piecemeal manner, and the country has been criticised for the lack of changes in policies and actions relating to UNDRIP.
In 2017, the Uluru Statement from the Heart was issued, aiming for the establishment of a representative First Nations Voice enshrined in the Constitution and a Makarrata Commission to supervise agreement-making between governments and First Nations. While five of Australia's eight states and territories have committed to treaty processes, treaty-making and truth-telling processes underscored by UNDRIP remain absent at a national level.
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Frequently asked questions
Australia initially voted against the UN Declaration of Indigenous Peoples in 2007. However, it formally endorsed the declaration in 2009.
The vote was 143 in favour, 4 against (Australia, Canada, New Zealand and the United States), and 11 abstentions.
Yes, Australia reversed its position and endorsed the declaration in 2009.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a non-binding declaration that sets out the individual and collective rights of indigenous peoples worldwide. It aims to protect their lands, resources, cultures, and traditions.
Australia had concerns about the references to self-determination in the declaration and felt that it did not properly reflect state practices or international law.
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