Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous peoples

Given the effect of the Constitution, a Commonwealth Human Rights Act will likely affect the operation of State legislation to the extent of any inconsistency. [...] There are various models that would be instructive for the Commonwealth in enacting UNDRIP principles including the framework in Canada, the treaty process in Victoria, Uluru Statement from the Heart, the Coalition of Peaks Closing the Gap Agreement, and the South West Settlement. [...] 39 ‘Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains’ (emphasis added). [...] a) ‘Self-determination’ is the guiding principle for Indigenous affairs in Victoria.54 b) Self-determination is the first of the guiding principles for treaty negotiations in the Advancing the Treaty Process with Victorian Aboriginals Act 2018 (Vic).55The treaty negotiation framework must provide for the negotiation of treaties that ‘promote the fundamental human rights of Aboriginal peoples, incl. [...] Of particular significance to Aboriginal peoples and Torres Strait Islander peoples of Queensland is the right to self-determination’ Table 2: Summary of Commonwealth legislation demanding urgent review Commonwealth legislation UNDRIP principles The package of legislation authorising - Article 2: freedom from discrimination on the and maintaining the Northern basis of their indigenous origin Terri.