AUSTRALIAN GOVERNMENT'S APPROACH TO THE

INDIGENOUS AUSTRALIANS: An Evaluation of UN

Indigenous Peoples’ rights framework
NAME OF STUDENT
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JUNE 1, 2020
 Contents

Australian Government’s approach to the Indigenous Australians....................i

Introduction..........................................................................................................1

Literature Review.................................................................................................1

Critical Analysis...................................................................................................2

Conclusion.............................................................................................................4

References................................................................................................................4

i
 Australian Government’s approach to the Indigenous
Australians
Introduction
Indigenous peoples live on all landmasses, from the Arctic to the Pacific, using Asia, Africa, and
the Americas. the lawful status of indigenous people groups in particular from that of minorities,
they are frequently in the minority in the States wherein they live. Minorities and indigenous
people have some comparative rights under worldwide law, even though the United Nations
Declaration on the Rights of Indigenous Peoples is seemingly more extensive than universal
valid instruments related minorities (Rights, 2013).

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a non-binding
record incorporated by the United Nations on September 13, 2007. In observing the "vital need
to regard and advance the natural privileges of Indigenous peoples," the UNDRIP
demonstrations to value rights that "comprise the basic measures for the patience, respect, and
prosperity of the Indigenous peoples of Australia." The Declaration gives a structure to nations
with various accounts and conditions to help decrease levels of prevention and separation
experienced by numerous individuals of Australia's 370 million Indigenous peoples
(Champagne, 2013).

The Declaration is the most thorough instrument specifying the rights of indigenous peoples in
global law and policy, containing the least principles for the recognition, protection, and
advancement of these rights (Rights, 2013). While not consistently or reliably executed, the
Declaration routinely manages States and indigenous peoples in creating law and policy that
affect indigenous peoples, including for formulating intends to best address the claims made by
indigenous peoples. Probably the most significant meaningful rights contained in the Declaration
and under universal law and policy more comprehensively are explained below (Barelli, 2015).

Literature Review
The Human Rights Council tends to the execution of human rights in various manners, including
through its complaints system and all-inclusive periodic audit. In one decision identifying with
the inherited cemetery, it translated different rights in the Covenant—specifically the right to a

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family—as comprehended by the society referred to, expressing that "social conventions ought to
be considered when characterizing the term 'family' in a particular situation” (Damien Short,
2016).

It isn't unexpected that the misappropriation of Indigenous cultural legacy has become a
foundation of expanding concern at the international level (Barelli, 2015). Indigenous people
groups' insights and understandings of wealth are believed to stretch beyond and some of the
time conflicts with conventional reporting contexts with the last developed more around
procedures of governmentality than Indigenous priorities (Taylor, 2007).

In Australia, various examinations have featured the comparatively low socio-economic status of
Indigenous Australians. A considerable lot of the significant troubles experienced by Indigenous
individuals have degenerated over time. Different governments have tried to help Indigenous
individuals overcome their needy position, anyway some people claim that such help can
frequently put numerous Indigenous Australians in a poverty trap (Don Fullera, 2005). Sadly,
numerous indigenous people groups keep on confronting a scope of human rights issues. Truth
be told, the execution of their rights is far from perfect. Probably the most troublesome human
rights difficulties for indigenous people groups originate from pressures on their properties,
regions, and resources because of activities related to advancement and the extraction of
resources. Their cultures keep on being compromised, and the security and advancement of their
rights struggled (Rights, 2013).

Indigenous Australians sustain extensive social and economic damage. The test for Indigenous
people groups and policymakers is to find or make opportunities that will give justifiable growth
(Don Fullera, 2005).

The United Nations human rights framework have been at the core of these improvements with
bodies, for example, the United Nations Working Group on Indigenous Populations assuming a
notable job, which is proceeded by the Human Rights Council and its systems, in collaboration
with other key entertainers, including the United Nations Permanent Forum for Indigenous
Issues (Rights, 2013).

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Critical Analysis
In embracing UNDRIP, "Australia makes another significant progress in re-setting the
connection among Indigenous and non-Indigenous Australians and pushing ahead towards
another future," clarified then-Minister for Families, Community Services and Indigenous
Affairs (Austrailia, 2017).

Although UNDRIP is non-binding, Australia acknowledged UNDRIP as a system for better

perceiving and securing the rights of Aboriginal and Torres Strait Islander Australians. In
November 2015, the Working Group on the Universal Periodic Review (UPR) held its twenty-
third meeting. The UPR is a procedure that includes an audit of the human rights records of
every one of the 193 UN Member States. On 9 November 2015, this incorporated an audit of
Australia (Champagne, 2013).

Under Fact Sheet No.9 (Rev.1) (resolution, 2004), the draft of the United Nations declaration on
the rights of Australian indigenous people speaks to one of the most significant improvements in
the advancement and protection of the essential rights and key opportunities of indigenous
people groups. The statement comprises 45 articles and covers rights and opportunities including
the conservation and improvement of ethnic and cultural attributes and particular identities,
assurance against genocide and ethnocide, rights identified with religions, languages, and
educational institutes. Likewise, proprietorship, possession or utilization of indigenous lands and
common resources; assurance of cultural and protected property; preservation of conventional
economic structures and lifestyles, including chasing, fishing, crowding, gathering, wood
sawing, and agriculture. The Declaration additionally expressed the privilege of self-government
or self-rule in issues identifying with indigenous people groups' inward and local affairs,
conventional contacts and collaboration across State boundaries, and the respecting of treaties
and agreements finished up with indigenous people peoples.

Under Fact Sheet No.9 (Rev.2) (Rights, 2013), the declaration speaks to 46 articles in which it is
stated that indigenous people groups reserve the option to self-determination; the option to
openly decide their political status; they can seek after their economic, social and cultural
developments. The Declaration perceives indigenous people groups' rights to their properties,
areas, resources, economic, social, and cultural rights by the Human Rights Committee and the
Committee on Economic, Social and Cultural Rights and, generally important, collective rights.

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The Declaration additionally particularly accommodates indigenous people groups' right to "the
respect, recognition, and implementation of treaties, agreements and other helpful courses of
action finished up with States or their beneficiaries and to have States respect and regard such
treaties, agreements and other productive plans (Rights, 2013).

Conclusion
With the examination of Indigenous Peoples and the United Nations Human Rights System Fact
Sheet No.9 (Rev.1) and (Rev.2), It ratifies that the UNDRIP sets up an all-inclusive framework
of least measures for the resolution, self-confidence and wealth of the indigenous peoples of
Australia and it illustrates on existing human rights norms and key opportunities as they apply to
the particular circumstance of indigenous peoples.

The Declaration draws existing rights from other global laws and conventions, for example, the
Universal Declaration of Human Rights, and discloses how these apply to Indigenous people
groups. These incorporate rights to culture, character, language, land, business, education, and
health.

Once sanctioned, every one of the 46 articles recorded in gives a clear direction to advancing
reconciliation among Aboriginal and Torres Strait Islander people groups and the more extensive
Australian community.

The draft declaration likewise anticipates a commonly worthy and reasonable methodology for
settling conflicts or disputes between indigenous people groups and States, including means, for
example, dealings, intercession, discretion, national courts, and universal and territorial human
rights audits and complaints mechanisms.

The draft declaration further gives that the rights referenced in it comprise the basic standards for
the resolution and wealth of the indigenous people groups of the world.

References
Australia, R., 2017. The United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP). [Online]
Available at: https://www.reconciliation.org.au/wp-content/uploads/2017/11/Reconciliation-
Australia-United-Nations-Declaration-on-the-Rights-of-Indigenous-Peoples-UNDRIP.pdf

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Barelli, M., 2015. The United Nations Declaration on the Rights of Indigenous Peoples: a human
rights framework for intellectual property rights. In: M. Rimmer, ed. Indigenous Intellectual
Property. s.l.:s.n., pp. 47-63.

Champagne, D., 2013. UNDRIP (United Nations Declaration on the Rights of Indigenous
Peoples): Human, Civil, and Indigenous Rights. Wicazo Sa Review, 28(1), pp. 9-22.

Damien Short, C. L., 2016. Handbook of Indigenous Peoples' Rights. Newyork: Routledge
Taylor and Francis Group.

Don Fullera, J. B. a. E. C., 2005. Ecotourism and indigenous micro-enterprise formation in

northern Australia opportunities and constraints. Tourism Management, 26(6), pp. 891-904.

the resolution, G. A., 2004. ohchr. [Online]

Available at: https://www.ohchr.org/Documents/Publications/FactSheet9rev.1en.pdf
[Accessed 1995].

Rights, U. N. H., 2013. Indigenous Peoples and the United Nations Human Rights System Fact
Sheet No. 9/Rev.2. pp. 1-44.

Taylor, J., 2007. Indigenous Peoples and Indicators of Well-being: Australian Perspectives on
United Nations Global Frameworks. Social Indicators Research, pp. 111-126.