23 July, 2024
The NSW Aboriginal Land Council (NSWALC) has finalised participation and advocacy at the 2024 United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) in Geneva.
Established in 2007 with the mandate to provide the Human Rights Council with expertise and advice on the rights of Indigenous Peoples, it assists Member States in achieving their goals of the United Nations Declaration on the Rights of Indigenous Peoples. This year’s EMRIP ran from July 8-12.
NSWALC attends the EMRIP as a Non-Government Organisation (NGO) with special consultative status with the United Nations Economic and Social Council (ECOSOC). The 2024 NSWALC representative was Mid North Coast Region Councillor Peter Smith. Eden Local Aboriginal Land Council (LALC) Chairperson, BJ Cruse, attended on behalf of the LALC.
EMRIP participation allows NSWALC to present issues and concerns and to advocate on an international arena. NSWALC submitted six interventions to the Permanent Forum. The interventions included:
Panel discussion on the rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements, and accords
This intervention, delivered by Cr Peter Smith on behalf of NSWALC, calls for Government to acknowledge:
- The historical oppression of Indigenous people through racist Government policies and the impact this has on contemporary realities for Indigenous communities
- Accountability of Governments to create partnership with Indigenous people to address intergenerational disadvantage and support opportunities for Indigenous communities to implement self determination principles in decision making
- Need to promote truth telling through agreement making and build public knowledge and support for treaty processes.
Study and advice on Constitutions, laws, legislation, policies, judicial decisions, and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with Article 38 of the Declaration.
This intervention calls on Government to demonstrate its commitment to self determination for Indigenous people though the ratification of UNDRIP and the implementation of the principles in all Australian domestic legislation and policy. This intervention highlights the need for policy making that is genuine and centres on the advancement of rights and well being of Indigenous people in Australia.
United Nations Declaration on the Rights of Indigenous Peoples: Interactive dialogue with UNPFII (United Nations Permanent Forum on Indigenous Issues), the Special Rapporteur on the Rights of Indigenous Peoples, and the UN Voluntary Fund for Indigenous Peoples and members of the United Nations Treaty Bodies (public)
Cr Peter Smith delivered an intervention calling for ongoing review of processes to amend legislation and policies that do not recognise the rights of Indigenous people to protect and practice cultural customs on our own lands. This intervention calls on Government to recognise the significance of connection to lands and waters to support ongoing cultural integrity for Indigenous people and foster Indigenous peoples’ self-determination capacity in policy and legislation reforms, ensuring continued cultural custodianship for future generations.
Thematic dialogues: a) International Decade of Indigenous Languages
This intervention called for a united support across all systems of Government to demonstrate confidence in Aboriginal Community Controlled Organisations to preserve, revitalise and maintain Indigenous languages, through funding and resource support. Languages connect people to Country, culture and our ancestors and Government support acknowledges commitment to sustainable self determination for Indigenous people now and in the future.
Enhancing the participation of Indigenous Peoples in the United Nations
This intervention highlighted the need to support Indigenous peoples participation in the UN and other human rights forums through improved accessibility. Technological limitations, access to funding and resources, and ability to have voices heard through active participation are challenges that continue to impact Indigenous people and their capacity to advocate for accountability and transparency on an international stage.
Following the unsuccessful results of Australia’s Voice to Parliament referendum, the participation of Indigenous people in the UN and other local, State and National forums is more important than ever to ensure progression towards shared decision making and self determination aspirations.
Future work of the Expert Mechanism, and follow up to thematic studies and advice
The intervention calls on the government to demonstrate its commitment to the resolution of land claims through strategic investments into the Aboriginal Land Rights network. The intervention calls for the transfer of all ‘public’ lands to Aboriginal peoples and ongoing cooperation with Aboriginal Community Controlled Organisations to improve land return processes and develop adequate resources to meet administrative burdens of land conservation such as reinstatement of compensatory mechanisms such as the statutory fund.
You can download copies of NSWALC’s interventions and presentation here:
- Item 3: Study and advice on Constitutions, laws, legislation, policies, judicial decisions, and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with Article 38 of the Declaration.
- Item 5: United Nations Declaration on the Rights of Indigenous Peoples: Interactive dialogue with UNPFII (United Nations Permanent Forum on Indigenous Issues), the Special Rapporteur on the Rights of Indigenous Peoples, and the UN Voluntary Fund for Indigenous Peoples and members of the United Nations Treaty Bodies (public).
- Item 7: Thematic dialogues: a) International Decade of Indigenous Languages.
- Item 8: Panel discussion on the rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements, and accords.
- Item 9: Enhancing the participation of Indigenous Peoples in the United Nations.
- Item 10: Future work of the Expert Mechanism, and follow up to thematic studies and advice.