A new report submitted to the United Nations Human Rights Council has found persistent failures by Australian governments to implement recommendations from royal commissions and coronial inquests are contributing to ongoing systemic injustices experienced by First Nations people.
The report, backed by a coalition of more than 150 Aboriginal and Torres Strait Islander, human rights, legal, disability, refugee, LGBTIQA+ and climate organisations, has been presented ahead of Australia's Universal Periodic Review (UPR) — a regular assessment of member states' human rights performance.
It calls for the urgent creation of a national action plan and an independent Indigenous-led monitoring body to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in genuine partnership with First Nations communities. The report also recommends establishing a Makarrata Commission within 18 months to oversee national truth-telling and treaty negotiations.
Additionally, the coalition is urging the federal government to introduce reparations for Stolen Generations survivors, enact a Human Rights Act within two years, and ensure all existing laws are compatible with human rights obligations.
Change the Record Chief Executive, Jade Lane, said Australia's human rights framework is failing to protect thousands of people.
"The Albanese Government must take urgent action – including legislating an Australian Human Rights Act — to ensure everyone is treated with dignity, equality and respect," she said.
Earlier this year, the Queensland government — in introducing their controversial 'adult crime, adult time' laws — admitted the legislation did not stand up to human rights scrutiny and would disproportionately impact First Nations children.
Other jurisdictions, including WA — who house children in a wing of the adult Casuarina prison — and the Northern Territory — which has lowered the age of criminal responsibility to 10 and has been housing up to 20 people in single watch house cells — have been accused of breaching human rights.
Indigenous Peoples' Organisation Australia Co-Chair Cathryn Eatock said systemic inequality is being entrenched across the country.
"Our children are dying of preventable rheumatic heart disease caused by poverty and overcrowding, with often 20 people per house in remote communities, reflecting abysmal 3rd world conditions," Ms Eatock said.
"Children as young as 10 are incarcerated, funnelling them into later crime, where deaths in custody is a regular occurrence."
Despite the dire findings, Ms Eatock believes change is possible — if governments commit to genuine self-determination.
"Victoria's treaty processes have shown the way; to implement UNDRIP, instil self-determination and respectful relations," she said.
The report places strong emphasis on First Nations land rights and justice, areas it says are being further eroded.
It calls for federal funding within 12 months to help establish a permanent national Indigenous representative body and human rights institutions. The report also criticises the Native Title system as reinforcing "systemic inequality" and lays out a comprehensive list of reforms including improving compensation, land acquisition support, and enforcing Free, Prior and Informed Consent.
On justice, it documents the mass incarceration of Indigenous Australians and the nearly 600 Aboriginal deaths in custody since the 1991 Royal Commission — the recommendations from which remain largely unfulfilled.
It demands urgent reforms: raising the minimum age of criminal responsibility to 14, implementing community-based diversion programs, auditing policing laws to eliminate discriminatory practices, and reforming strip search laws across all jurisdictions.
Human Rights Law Centre Chief Executive, Caitlin Reiger, echoed calls for urgent federal action.
"Thousands of people are having their fundamental human rights breached every day — from not being able to access healthcare, to being restricted from expressing their views, and not able to keep a safe roof over their heads," she said.
"The Albanese Government must take urgent action — including legislating an Australian Human Rights Act — to ensure everyone is treated with dignity, equality and respect."