Indigenous rights are inherent to Aboriginal and Torres Strait Islander peoples by virtue of their unique and enduring status as the First Peoples of Australia. The rights recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) arose from the efforts of First Peoples around the world who worked within the United Nations structures over decades to formally articulate these rights.

Australia has been a signatory of UNDRIP since 2009. The United Nations calls upon all signatories to UNDRIP to uphold the inherent human rights of Indigenous peoples and to implement these within their political and institutional frameworks, while preserving the integrity and unity of the Nation State. Like many UN documents, the UNDRIP is non-binding, however signatories proclaim the UNDRIP to be a ‘standard of achievement to be pursued in a spirit of partnership and mutual respect’.

This report recommends that governments ensure their approach to developing policy and legislation affecting Aboriginal and Torres Strait Islander peoples be consistent with UNDRIP. It suggests mechanisms to realise that, such as incorporating UNDRIP in Australia’s human rights scrutiny legislation, and through a national action plan, developed in consultation with First Peoples, to guide coordinated efforts for implementing UNDRIP holistically in Australia. Such efforts should be complemented by greater education about Australian history and civics as well as Commonwealth support towards truth-telling and agreement-making, all of which are affirming of Indigenous rights.