Legislation designed to help bring Australian laws in line with the United Nations Declaration on the Rights of Indigenous Peoples has been defeated.
Introduced by Independent Senator Lidia Thorpe, the Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023 sought to allow the Parliamentary Joint Committee on Human Rights (PJCHR) to consider the rights discussed and outlined in UNDRIP when assessing legislation.
UNDRIP sets the minimum standard of human rights for First Peoples, as well as State Parties' interactions with First Peoples.
The text of Senator Thorpe's bill noted UNDRIP "complements and elaborates on the existing human rights Australia has already agreed to be bound by, as they apply to First Peoples".
Explanatory notes to the bill said there is an "urgent need to prioritise the input of First Peoples on issues that affect them, to observe, respect and promote the inherent rights of First Peoples, which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources".
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In a letter to Attorney-General Mark Dreyfus and Minister for Indigenous Australians, Malarndirri McCarthy, on Wednesday, Senator Thorpe said the bill would "align" with Labor's stated polices, and "continue the important work undertaken by [former Labor] senator Patrick Dodson, who championed UNDRIP".
In a November 2023 report, Mr Dodson said: "At the heart of this report is a call for all Australian governments and civil society to engage with the rights of First Peoples through UNDRIP."
The letter was signed by 26 Parliamentarians.
"We need much stronger federal leadership to protect First Peoples' basic human rights in this country. Labor have no reasonable excuse not to support this measure," Senator Thorpe said before the private members bill was put to the Senate.
"This a modest but important change to ensure the human rights of First People are considered, no matter who is next in government."
The bill was defeated on Thursday morning in the Senate - 37 votes to 17 - with Labor siding with the Coalition, Senators Ralph Babet, Gerard Rennick and One Nation.
Speaking to National Indigenous Times after the vote, the Gunnai, Gunditjmara and Djab Wurrung Senator said "all the bill was about" was considering First Peoples' rights in all legislations.
"This was another mechanism to put our rights into a committee process," she said.
Noting it was the 17th anniversary of the apology to the Stolen Generations, Senator Thorpe added: "To see Labor side with the opposition…to shut down First Peoples' rights in this country, I just think is despicable."
"It's really demoralising."
Highlighting the increasing number of Indigenous children being removed from homes across the country, Senator Thorpe added: "Sorry is not sorry when you continue to take our children."
The implementation of UNDRIP has long been pushed by Indigenous advocates, who argue it enshrines the basic rights guaranteed under international law that are often bypassed.
Writing in National Indigenous Times in 2023, Noongar law academic Dr Hannah McGlade said the World Conference on Indigenous Peoples in 2014 recommended nation states develop a National Action Plans to "realise the rights" set out in UNDRIP.
"Clearly, there is much now to be done in relation to the UNDRIP and its recognition of Indigenous rights," she said at the time.
"As Indigenous peoples, our challenge lies in ensuring our best advocacy, and not just at home, but in international UN forums, where we can call on Australia to respect UNDRIP and our rights as Indigenous peoples.
"This is Indigenous rights, foreign diplomacy, and engagement at its best."
