Recommendation 85

Develop in partnership with Aboriginal and Torres Strait Islander peoples a National Strategy to give effect to the UN Declaration on the Rights of Indigenous Peoples, and to facilitate the constitutional recognition of Aboriginal Australians

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State
Estonia
Issue
Domestic legal, institutional and policy frameworks
Consultation
Population group
Aboriginal and Torres Strait Islander Peoples
Australian Government Agency and/or Jurisdiction
• Department of the Prime Minister and Cabinet
• Attorney-General's Department
• States and territories
Australia's Response
Notes
Australia's Position

Australia supports and respects the principles in the United Nations Declaration on the Rights of Indigenous Peoples and considers that our laws, policies and programmes are consistent with, and give effect to, the aims of the Declaration.

The Australian Government is committed to promoting and proecting the rights of Aboriginal and Torres Strait Islander Australians, including working towards a referendum to recognise Aboriginal and Torres Strait Islander peoples in our Constitution. The Australian Constitution can only be changed through a referendum of Australian citizens. The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples was established in March 2018. It is currently working to find a proposal which meets the expectations of Aboriginal and Torres Strait Islander peoples and can secure the support of the Australian people at a referendum. The Committee produced an interim report on 30 July 2018 and its final report is due by 29 November 2018. The Committee's inquiry follows the Referendum Council's final report, which was deliver on 30 June 2017 More information can be found on the Constitutional recognition page on the Department of the Prime Minister and Cabinet website.

The Australian Government recognises the importance of engaging in good faith consultations with Indigenous peoples in relation to decisions that affect them. It engages with Indigenous people on issues that affect them through the Department of the Prime Minister and Cabinet's Regional Network, the Indigenous Advisory Council, Indigenous community based organisations and other bodies. Information on how the Australian Government is giving Indigenous people a greater say in decisions that affect them through supporting the Indigenous led Empowered Communities initiative can be found on the Empowered Communities page on the Department of the Prime Minister and Cabinet website.

The rights of Indigenous peoples in Australia are protected by legislation such as the Racial Discrimination Act 1975 (Cth) and state and territory laws. The  Australian Government continues to promote and strengthen the rights of Indigenous peoples through a range of policies and programmes. Information on policies and programmes can be found on the Indigenous affairs page on the Department of the Prime Minister and Cabinet website.

Australia has had a dedicated federal Aboriginal and Torres Strait Islander Social Justice Commissioner since 1993. The Commissioner is established within the Australian Human Rights Commission by Part IIA of the Australian Human Rights Commission Act 1986(Cth). The Commissioner's functions include promoting discussion and awareness of human rights in relation to Aboriginal and Torres Strait Islander peoples. The Commissioner also undertakes programmes (including research and educational programmes) to promote respect for the human rights of Aboriginal and Torres Strait Islander peoples and to promote the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples. Information about the current Commissioner and work underway can be found on the Aboriginal and Torres Strait Islander social justice page on the Australian Human Rights Commission website.

For information on state and territory policies and programmes for Aboriginal and Torres Strait Islander peoples, visit: