Example
Article 18 of the UN Declaration on the Rights of Indigenous Peoples outlines the right of Aboriginal and Torres Strait Islander peoples to actively participate in decisions about matters that affect them. It states:
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
To ensure consistency with this standard, an effective system must be established to actively engage Aboriginal and Torres Strait Islander peoples in the decision-making process.
Australia’s support for the Declaration does not make it law in Australia. However, we can still use the Declaration to lobby for reforms to laws, policies and programs to ensure they are consistent with standards of the Declaration.
The Declaration is given weight by the following factors:
It is sourced from existing international human rights law
It is widely supported by both governments and Indigenous peoples globally
It is the result of a democratic and open process
It uses language similar to a treaty
Resources
The Australian Human Rights Commission
The role of the Australian Human Rights Commission is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A Status’ National Human Rights Institution. We strive to resolve complaints, encourage positive law reform and build a shared awareness and recognition of freedoms and rights throughout Australia.
We operate under the Australian Human Rights Commission Act 1986 (Cth) as well as federal laws that seek to ensure freedom from discrimination on the basis of attributes such as age, disability, race, sex, sexuality and gender identity.
The Commission also has specific responsibilities under the Native Title Act 1993 (Cth) and the Fair Work Act 2009 (Cth). Our job is to work towards an Australia in which human rights are respected, protected and promoted – finding practical solutions to issues of concern; advocating for systemic change; and raising awareness across the community.
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