Dear Members & Senators,

On 3 April 2009, the Australian Federal Government indicated its support for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In 2017, as part of the successful bid for a seat on the UN Human Rights Council, the Australian government pledged 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”, which would “draw connections between national activity and the principles of the declaration." On the 2 August 2022, the Senate referred an inquiry into the application of the UNDRIP in Australia, to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs (JSCATSIA). In November 2023, the Committee published its Report which has several commendable recommendations but opts for a policy-based approach and fails to pursue a legislative implementation which is a fundamental principle of international law and recommended by member states of the United Nations.

I support the collective and individual rights of Indigenous Peoples as outlined in the UNDRIP and its objective to defend the survival, dignity and well‐being of Indigenous peoples. I believe the principles underpinning UNDRIP complement the Uluru Statement from the Heart and support Australia meeting its global obligations.

I therefore respectfully request that the Australian Government, with urgency;
1. Enshrines the UNDRIP into domestic law.
2. Progresses an audit of existing laws, policies and practice for compliance with the UNDRIP immediately, starting with those most directly concerning First Peoples and breaching their rights.
3. Commits to follow the principle of Free, Prior and Informed Consent in legislation, policy and practice.
4. Passes the United Nations Declaration on the Rights of Indigenous Peoples Bill 2022.
5. Pursues justiciable legal mechanisms to underpin the legislative implementation of the UNDRIP.
6. Incorporates UNDRIP into Closing the Gap implementation plans for each jurisdiction.
7. Enshrines a comprehensive Human Rights Act into Commonwealth law.
8. Invites the Expert Mechanism on the Rights of Indigenous Peoples for a country visit to provide expert advice on processes best adopted in the Australian context.
9. Complies with international recommendations as per the 2021 Universal Periodic Review.
10. Progresses the full implementation of the recommendations of the Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia and immediately present a timeline for the implementation.
11. Implements the following recommendations from the 2021 report Dhawura Ngilan:

* amend its policy on Indigenous repatriation of cultural materials to align with current governmental practices, working with the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and communities to coordinate repatriation approaches
* ‘work with Australian collecting institutions to return ancestors to Aboriginal and Torres Strait Islander communities in a coordinated way’
* recognise and prioritise the rights of Aboriginal and Torres Strait Islander peoples to access and repatriate secret sacred materials held in Australia, both by institutions and private collectors[1]

[1] Dhawura Ngilan: A vision for Aboriginal and Torres Strait Islander heritage in Australia and the Best Practice Standards in Indigenous cultural heritage management and legislation, Department of Climate Change, Energy, the Environment and Water, pg 23-24, https://www.dcceew.gov.au/parks-heritage/heritage/publications/dhawura-ngilan-vision-atsi-heritage, viewed 14 November 2023.

Please let me know what action/s you will take to implement the United Nations Declaration on the Rights of Indigenous Peoples in Australia, thank you.

Yours sincerely,

[Your name]
[Your address]
[Your email]